[Federal Register Volume 74, Number 17 (Wednesday, January 28, 2009)]
[Presidential Documents]
[Pages 4907-4908]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-1942]

                        Presidential Documents 

Federal Register / Vol. 74, No. 17 / Wednesday, January 28, 2009 / 
Presidential Documents

[[Page 4907]]

                Memorandum of January 26, 2009

The Energy Independence and Security Act of 2007

                Memorandum for the Secretary of Transportation [and] 
                the Administrator of the National Highway Traffic 
                Safety Administration

                In 2007, the Congress passed the Energy Independence 
                and Security Act (EISA). This law mandates that, as 
                part of the Nation's efforts to achieve energy 
                independence, the Secretary of Transportation prescribe 
                annual fuel economy increases for automobiles, 
                beginning with model year 2011, resulting in a combined 
                fuel economy fleet average of at least 35 miles per 
                gallon by model year 2020. On May 2, 2008, the National 
                Highway Traffic Safety Administration (NHTSA) published 
                a Notice of Proposed Rulemaking entitled Average Fuel 
                Economy Standards, Passenger Cars and Light Trucks; 
                Model Years 2011-2015, 73 Fed. Reg. 24352. In the 
                notice and comment period, the NHTSA received numerous 
                comments, some of them contending that certain aspects 
                of the proposed rule, including appendices providing 
                for preemption of State laws, were inconsistent with 
                provisions of EISA and the Supreme Court's decision in 
                Massachusetts v. Environmental Protection Agency, 549 
                U.S. 497 (2007).

                Federal law requires that the final rule regarding fuel 
                economy standards be adopted at least 18 months before 
                the beginning of the model year (49 U.S.C. 
                32902(g)(2)). In order for the model year 2011 
                standards to meet this requirement, the NHTSA must 
                publish the final rule in the Federal Register by March 
                30, 2009. To date, the NHTSA has not published a final 

                Therefore, I request that:

                (a) in order to comply with the EISA requirement that 
                fuel economy increases begin with model year 2011, you 
                take all measures consistent with law, and in 
                coordination with the Environmental Protection Agency, 
                to publish in the Federal Register by March 30, 2009, a 
                final rule prescribing increased fuel economy for model 
                year 2011;

                (b) before promulgating a final rule concerning model 
                years after model year 2011, you consider the 
                appropriate legal factors under the EISA, the comments 
                filed in response to the Notice of Proposed Rulemaking, 
                the relevant technological and scientific 
                considerations, and to the extent feasible, the 
                forthcoming report by the National Academy of Sciences 
                mandated under section 107 of EISA; and

                (c) in adopting the final rules in paragraphs (a) and 
                (b) above, you consider whether any provisions 
                regarding preemption are consistent with the EISA, the 
                Supreme Court's decision in Massachusetts v. EPA and 
                other relevant provisions of law and the policies 
                underlying them.

                This memorandum is not intended to, and does not, 
                create any right or benefit, substantive or procedural, 
                enforceable at law or in equity by any party against 
                the United States, its departments, agencies, or 
                entities, its officers, employees, or agents, or any 
                other person.

[[Page 4908]]

                The Secretary of Transportation is hereby authorized 
                and directed to publish this memorandum in the Federal 
                    (Presidential Sig.)

                THE WHITE HOUSE,

                    Washington, January 26, 2009

[FR Doc. E9-1942
Filed 1-27-09; 8:45 am]
Billing code 4910-62-P