[Federal Register Volume 79, Number 131 (Wednesday, July 9, 2014)]
[Proposed Rules]
[Pages 38842-38849]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-16005]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

49 CFR Part 535

[Docket No. NHTSA-2014-0074]


Notice of Intent To Prepare an Environmental Impact Statement for 
New Medium- and Heavy-Duty Vehicle Fuel Efficiency Improvement Program 
Standards

AGENCY: National Highway Traffic Safety Administration (NHTSA), 
Department of Transportation (DOT).

ACTION: Notice of intent; request for scoping comments.

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SUMMARY: NHTSA plans to prepare an Environmental Impact Statement (EIS) 
to analyze the potential environmental impacts of new fuel efficiency 
standards for commercial medium- and heavy-duty on-highway vehicles and 
work trucks (potentially covering engines, chassis, vehicles, and/or 
trailers manufactured after model year 2018) that will be proposed by 
the agency pursuant to the Energy Independence and Security Act of 
2007. This document initiates the scoping process for determining the 
scope of issues to be addressed in the EIS and for identifying the 
significant environmental issues related to the proposed action. 
Further, it discusses cooperating agencies, the environmental review 
process, and the agency's tentative planning and decision-making 
schedule. NHTSA invites the participation of Federal, State, and local 
agencies, Indian tribes, stakeholders, and the public in this process 
to help identify the significant issues and reasonable alternatives to 
be examined in the EIS, and to eliminate from detailed study the issues 
that are not significant.

DATES: The scoping process will culminate in the preparation and 
issuance of a Draft EIS (DEIS), which will be made available for public 
comment. To ensure that NHTSA has an opportunity to fully consider 
scoping comments and to facilitate NHTSA's prompt preparation of the 
DEIS, scoping comments should be received on or before August 8, 2014. 
NHTSA will try to consider comments received after that date to the 
extent the rulemaking schedule allows.

ADDRESSES: You may submit comments to the docket number identified in 
the heading of this document by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting 
comments.
     Mail: Docket Management Facility, M-30, U.S. Department of 
Transportation, West Building, Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery or Courier: U.S. Department of 
Transportation, West Building, Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m. Eastern 
time, Monday through Friday, except Federal holidays.
     Fax: 202-493-2251.
    Regardless of how you submit your comments, please mention the 
docket number identified in the heading of this notice. If comments are 
submitted in hard copy form, please ensure that two copies are 
provided. If you wish to receive confirmation that your comments were 
received, please enclose a stamped, self-addressed postcard with the 
comments. Note that all comments received, including any personal 
information provided, will be posted without change to http://www.regulations.gov. Please see the Privacy Act heading below.
    Privacy Act: Anyone is able to search the electronic form of all 
comments received into any of our dockets by the name of the individual 
submitting the comment (or signing the comment, if submitted on behalf 
of an association, business, labor union, etc.). You may review DOT's 
complete Privacy Act Statement in the Federal Register published on 
April 11, 2000 (65 FR 19477-78).
    How to Read Comments submitted to the Docket: You may read the 
comments received by Docket Management at the address and times given 
above. You may also view the documents from the Internet at http://www.regulations.gov. Follow the online instructions for accessing the 
dockets. The docket ID number and title of this notice are shown at the 
heading of this notice. Please note that even after the comment closing 
date, we will continue to file relevant information in the Docket as it 
becomes available. Further, some people may submit late comments. 
Accordingly, we recommend that you periodically search the Docket for 
new material.

FOR FURTHER INFORMATION CONTACT: For technical issues, contact James

[[Page 38843]]

MacIsaac, Fuel Economy Division, Office of International Policy, Fuel 
Economy and Consumer Standards, telephone: 202-366-9108; for legal 
issues, contact Russell Krupen, Legislation & General Law Division, 
Office of the Chief Counsel, telephone: 202-366-1834, at the National 
Highway Traffic Safety Administration, 1200 New Jersey Avenue SE., 
Washington, DC 20590.

SUPPLEMENTARY INFORMATION: In a forthcoming notice of proposed 
rulemaking (NPRM), NHTSA intends to propose fuel efficiency standards 
for commercial medium- and heavy-duty on-highway vehicles and work 
trucks (collectively, ``HD vehicles'' or ``heavy-duty vehicles'') 
manufactured after model year (MY) 2018 pursuant to the Energy 
Independence and Security Act of 2007 (EISA).\1\ In particular, NHTSA 
will propose Phase 2 of the Fuel Efficiency Improvement Program 
(potentially covering engines, chassis, vehicles, and/or trailers 
manufactured after MY 2018) as part of a joint rulemaking with the 
Environmental Protection Agency (which will propose new greenhouse gas 
[GHG] regulations for heavy-duty vehicles). In connection with this 
action, NHTSA will prepare an Environmental Impact Statement (EIS) to 
analyze the potential environmental impacts of the proposed HD vehicle 
fuel efficiency standards and reasonable alternative standards pursuant 
to the National Environmental Policy Act (NEPA) and implementing 
regulations issued by the Council on Environmental Quality (CEQ) and 
NHTSA.\2\ NEPA instructs Federal agencies to consider the potential 
environmental impacts of their proposed actions and possible 
alternatives. To inform decision-makers and the public, the EIS will 
compare the potential environmental impacts of the agency's Preferred 
Alternative and a spectrum of reasonable alternatives, including a ``no 
action'' alternative. As required by NEPA, the EIS will consider 
direct, indirect, and cumulative impacts of the proposed action and 
alternatives and will discuss impacts in proportion to their 
significance.
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    \1\ Public Law 110-140, 121 Stat. 1492 (Dec. 19, 2007) (codified 
at 49 U.S.C. 32901 et seq.).
    \2\ NEPA is codified at 42 U.S.C. 4321-4347. CEQ's NEPA 
implementing regulations are codified at 40 CFR parts 1500-1508, and 
NHTSA's NEPA implementing regulations are codified at 49 CFR part 
520.
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    Background: The Energy Policy and Conservation Act of 1975 (EPCA) 
\3\ mandated that NHTSA establish and implement a regulatory program 
for motor vehicle fuel economy as part of a comprehensive approach to 
federal energy policy. As codified in Chapter 329 of Title 49 of the 
U.S. Code, and as amended by EISA, EPCA set forth extensive 
requirements concerning the establishment of fuel economy standards for 
passenger cars and light trucks. Pursuant to this statutory authority, 
NHTSA sets Corporate Average Fuel Economy (CAFE) standards for those 
vehicles.\4\
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    \3\ Public Law 94-163, 89 Stat. 871 (Dec. 22, 1975).
    \4\ See Light-Duty Vehicle Greenhouse Gas Emission Standards and 
Corporate Average Fuel Economy Standards, Final Rule, 75 FR 25324 
(May 7, 2010); 2017 and Later Model Year Light-Duty Vehicle 
Greenhouse Gas Emissions and Corporate Average Fuel Economy 
Standards, 77 FR 62624 (October 15, 2012).
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    In December 2007, EISA provided DOT (and by delegation, NHTSA \5\) 
new authority to implement, through rulemaking and regulations, ``a 
commercial medium- and heavy-duty on-highway vehicle \6\ and work truck 
\7\ fuel efficiency improvement program designed to achieve the maximum 
feasible improvement[.]'' \8\ This provision also directs NHTSA to 
``adopt and implement appropriate test methods, measurement metrics, 
fuel economy standards, and compliance and enforcement protocols that 
are appropriate, cost-effective, and technologically feasible for 
commercial medium- and heavy-duty on-highway vehicles and work 
trucks.'' \9\ NHTSA may set ``separate standards for different classes 
of vehicles.'' \10\
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    \5\ The Secretary has delegated responsibility for implementing 
fuel economy and fuel efficiency requirements under EPCA and EISA to 
NHTSA. 49 U.S.C. 322(b); 49 CFR 1.95, 501.2.
    \6\ EISA added the following definition to the automobile fuel 
economy chapter of the United States Code: `` `commercial medium- 
and heavy-duty on-highway vehicle' means an on-highway vehicle with 
a gross vehicle weight rating of 10,000 pounds or more.'' 49 U.S.C. 
32901(a)(7).
    \7\ EISA added the following definition to the automobile fuel 
economy chapter of the United States Code: `` `work truck' means a 
vehicle that-- (A) is rated at between 8,500 and 10,000 pounds gross 
vehicle weight; and (B) is not a medium-duty passenger vehicle (as 
defined in section 86.1803-01 of title 40, Code of Federal 
Regulations, as in effect on the date of the enactment of [EISA]).'' 
49 U.S.C. 32901(a)(19).
    \8\ 49 U.S.C. 32902(k)(2).
    \9\ Id.
    \10\ Id. For background on the HD vehicle segment, issues 
related to regulating this segment, and fuel efficiency improvement 
technologies available for these vehicles, see the reports recently 
issued by the National Academy of Sciences. National Research 
Council, Technologies and Approaches to Reducing the Fuel 
Consumption of Medium- and Heavy-Duty Vehicles, Washington, DC (The 
National Academies Press, 2010), available at http://www.nap.edu/catalog.php?record_id=12845 (last accessed April 25, 2014); 
National Research Council, Reducing the Fuel Consumption and 
Greenhouse Gas Emissions of Medium- and Heavy-Duty Vehicles, Phase 
Two: First Report, Washington, DC (The National Academies Press, 
2014), available at http://www.nap.edu/catalog.php?record_id=18736 
(last accessed April 25, 2015).
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    EISA also provides requirements for lead time and regulatory 
stability. New fuel efficiency improvement program standards that NHTSA 
adopts pursuant to EISA must provide not less than 4 full model years 
of regulatory lead-time and 3 full model years of regulatory 
stability.\11\ Finally, EISA directs that NHTSA's HD rulemaking must be 
conducted in consultation with the Environmental Protection Agency 
(EPA) and the Department of Energy.\12\
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    \11\ 49 U.S.C. 32902(k)(3).
    \12\ 49 U.S.C. 32902(k)(2). As discussed later in this document, 
both agencies have been invited to serve as cooperating agencies on 
this EIS.
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    On May 21, 2010, the President issued a memorandum to the Secretary 
of Transportation, the Secretary of Energy, the Administrator of EPA, 
and the Administrator of NHTSA that called for coordinated regulation 
of the heavy-duty vehicle market segment under EISA and under the Clean 
Air Act.\13\ NHTSA and EPA met that directive in August 2011 by 
finalizing first-of-a-kind standards for new HD engines and vehicles in 
MYs 2014 through 2018 (``Phase 1'').\14\ The performance-based 
standards created a national program requiring manufacturers to meet 
targets for fuel efficiency and greenhouse gas emissions. The Phase 1 
standards are expected to save vehicle owners and operators an 
estimated $50 billion in fuel costs over the lifetime of those vehicles 
while also reducing oil consumption by a projected 530 billion barrels 
and greenhouse gas pollution by approximately 270 million metric 
tons.\15\
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    \13\ See The White House, Office of the Press Secretary, 
Presidential Memorandum Regarding Fuel Efficiency Standards (May 21, 
2010), available at http://www.whitehouse.gov/the-press-office/presidential-memorandum-regarding-fuel-efficiency-standards (last 
accessed April 25, 2014); see also The White House, Office of the 
Press Secretary, President Obama Directs Administration to Create 
First-Ever National Efficiency and Emissions Standards for Medium- 
and Heavy-Duty Trucks (May 21, 2010), available at http://www.whitehouse.gov/the-press-office/president-obama-directs-administration-create-first-ever-national-efficiency-and-em (last 
accessed April 25, 2014).
    \14\ See Greenhouse Gas Emissions Standards and Fuel Efficiency 
Standards for Medium- and Heavy-Duty Engines and Vehicles, 76 FR 
57106 (September 15, 2011).
    \15\ See White House Announces First Ever Oil Savings Standards 
for Heavy Duty Trucks, Buses (August 9, 2011), available at http://www.nhtsa.gov/About+NHTSA/Press+Releases/2011/White+House+Announces+First+Ever+Oil+Savings+Standards+for+Heavy+Duty+Trucks,+Buses (last accessed April 28, 2014). For more information 
on the rulemaking, see also EPA Regulatory Announcement, EPA and 
NHTSA Adopt First-Ever Program to Reduce Greenhouse Gas Emissions 
and Improve Fuel Efficiency of Medium- and Heavy-Duty Vehicles 
(August 2011), available at http://www.epa.gov/otaq/climate/documents/420f11031.pdf (last accessed April 28, 2014).

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[[Page 38844]]

    Continued improvement in the efficiency of HD vehicles is a key 
component of the President's 2013 Climate Action Plan to reduce carbon 
emissions.\16\ Building on the success of Phase 1 of the program, in a 
February 18, 2014 Presidential Announcement, the President directed 
NHTSA and EPA to finalize the next phase of HD vehicle fuel efficiency 
and greenhouse gas standards by March 31, 2016.\17\ Under this 
timeline, the agencies expect to issue a Notice of Proposed Rulemaking 
by March 2015.
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    \16\ Executive Office of the President, The President's Climate 
Action Plan (June 2013), available at http://www.whitehouse.gov/sites/default/files/image/president27sclimateactionplan.pdf (last 
accessed April 28, 2014).
    \17\ See FACT SHEET--Opportunity For All: Improving the Fuel 
Efficiency of American Trucks--Bolstering Energy Security, Cutting 
Carbon Pollution, Saving Money and Supporting Manufacturing 
Innovation (February 18, 2014), available at http://www.whitehouse.gov/the-press-office/2014/02/18/fact-sheet-opportunity-all-improving-fuel-efficiency-american-trucks-bol (last 
accessed April 28, 2014); Improving the Fuel Efficiency of American 
Trucks--Bolstering Energy Security, Cutting Carbon Pollution, Saving 
Money and Supporting Manufacturing Innovation (February 2014), 
available at http://www.whitehouse.gov/sites/default/files/docs/finaltrucksreport.pdf (last accessed April 28, 2014).
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    In developing Phase 2 standards, the agencies are instructed to 
partner with industry leaders and other key stakeholders, including 
manufacturers, labor, States, and non-governmental organizations. To 
this end, EPA and NHTSA will consult with the California Air Resources 
Board (CARB) with the goal of ensuring that the next phase of standards 
allows manufacturers to continue to build a single national fleet.\18\ 
The Phase 2 standards are expected to spur manufacturing innovation and 
lead to the adoption of new fuel-efficient technologies on trucks and 
semi-trailers. EPA and NHTSA will assess advanced technologies that may 
not currently be in production, and will consider, for example: Engine 
and powertrain efficiency improvements, aerodynamics, weight reduction, 
improved tire rolling resistance, hybridization, natural gas engines 
and converters, automatic engine shutdown, and/or accessory 
improvements (e.g., water pumps, fans, auxiliary power units, and air 
conditioning).\19\ For more information and further updates on the 
program, please see the agencies' Web sites.\20\
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    \18\ Id.
    \19\ Id.
    \20\ For NHTSA, see http://www.nhtsa.gov/fuel-economy (last 
accessed April 28, 2014); for EPA, see http://www.epa.gov/otaq/climate/regs-heavy-duty.htm (last accessed April 28, 2014).
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    NHTSA will prepare an EIS to analyze the potential environmental 
impacts of its proposed HD vehicle fuel efficiency standards and 
reasonable alternative standards. This Notice of Intent initiates the 
scoping process for the EIS under NEPA, 42 U.S.C. 4321-4347, and 
implementing regulations issued by CEQ, 40 CFR parts 1500-1508, and 
NHTSA, 49 CFR part 520.\21\ Specifically, this Notice of Intent 
requests public input on the scope of NHTSA's NEPA analysis and the 
significant environmental issues relating to more stringent fuel 
efficiency standards for HD vehicles.
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    \21\ See 40 CFR 1501.7, 1508.22; 49 CFR 520.21(g).
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    The Alternatives: NHTSA's upcoming NPRM will propose standards for 
HD vehicles manufactured after MY 2018. The HD sector is extremely 
diverse in several respects, including types of manufacturing companies 
involved, the range of sizes of trucks and engines they produce, the 
types of work the trucks are designed to perform, and the regulatory 
history of different subcategories of vehicles and engines. The current 
HD fleet encompasses vehicles from the ``18-wheeler'' combination 
tractors one sees on the highway to school and transit buses, to 
vocational vehicles such as utility service trucks, as well as the 
largest pickup trucks and vans. Compared to the light-duty sector, 
there is a much larger number of heavy-duty truck manufacturers, which 
vary in size and level of build process integration. For example, some 
trucks are assembled by a body builder using components from an engine 
manufacturer, a powertrain manufacturer, component suppliers, and a 
chassis builder. Each of these separate stakeholders has an impact on 
the fuel efficiency of the truck. NHTSA is therefore developing Phase 2 
in recognition of the complex industry structure and providing for 
increasing coverage of the opportunities for fuel efficiency 
improvement.
    Under NEPA, the purpose of and need for an agency's action inform 
the range of reasonable alternatives to be considered in its NEPA 
analysis.\22\ In developing alternatives for analysis in the EIS, NHTSA 
must consider EISA's requirements for the HD fuel efficiency program 
noted above. 49 U.S.C. 32902(k)(2) and (3) contain the following three 
requirements specific to the HD vehicle fuel efficiency improvement 
program: (1) The program must be ``designed to achieve the maximum 
feasible improvement''; (2) the various required aspects of the program 
must be appropriate, cost-effective, and technologically feasible for 
HD vehicles; and (3) the standards adopted under the program must 
provide not less than four model years of lead time and three model 
years of regulatory stability. In considering these various 
requirements, NHTSA will also account for relevant environmental and 
safety considerations.
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    \22\ 40 CFR 1502.13.
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    Due to the diversity of the HD industry, the Phase 1 rule divided 
HD vehicles into three regulatory categories: Heavy-duty pick-up trucks 
and vans (Class 2b and Class 3), vocational vehicle chassis (Class 2b-
Class 8), and combination tractors (Class 7 and 8). Phase 1 established 
separate standards for each of these categories, as well as standards 
for the engines powering vocational vehicles and combination tractors. 
Phase 2 may include post-MY 2018 engine and vehicle fuel efficiency 
standards that are more stringent than those for MYs 2016-2018, as well 
as regulatory standards and certification requirements for previously 
unregulated new trailers pulled by semi-tractors. The following 
discusses each of these regulatory categories in turn.
     Class 2b and 3 Heavy-Duty Pick-Up Trucks and Vans: Heavy-
duty pickup trucks and vans are used chiefly as work trucks and vans, 
as shuttle vans, and for personal transportation, with an average 
annual mileage in the range of 13,000-14,000 miles. Class 2b and 3 
pick-up trucks and vans have up to 14,000 lbs. gross vehicle weight 
rating, with about 90 percent of them being \3/4\-ton and 1-ton pickup 
trucks, 12- and 15-passenger vans, and large work vans that are sold by 
vehicle manufacturers as complete vehicles, with no secondary 
manufacturer making substantial modifications prior to registration and 
use. These vehicle manufacturers are companies with major light-duty 
markets in the United States. Furthermore, the technologies available 
to reduce fuel consumption and GHG emissions from this segment are 
similar to the technologies used on light-duty pickup trucks, including 
both engine efficiency improvements (for gasoline and diesel engines) 
and vehicle efficiency improvements.
     Class 2b-8 Vocational Vehicle Chassis: Vocational 
vehicles, which may span Classes 2b through 8, vary widely in size and 
use, including smaller and larger van trucks; delivery, utility, tank, 
flat-bed, and refuse trucks; transit, shuttle, and school buses; fire 
trucks and other emergency vehicles; motor homes; and tow trucks, among 
others. The annual mileage of these trucks is as varied as their uses, 
but for the most part tends to fall in between heavy-duty pickups/vans 
and the large

[[Page 38845]]

combination tractors, although some travel more and some less. 
Vocational vehicles frequently begin as incomplete chassis that can be 
used for a number of vocational applications. The chassis manufacturers 
install engines and transmissions from other manufacturers and then 
sell the chassis to body manufacturers who add appropriate features for 
the vehicles' final end-use (e.g., dump bed, delivery box, or utility 
bucket). Phase 1 created a new vehicle certification and compliance 
program for vocational chassis manufacturers, which relies on a 
computer simulation of vehicle CO2 emissions and fuel 
consumption rather than on emissions testing. Vocational body 
manufacturers were not regulated in Phase 1.
     Class 7 and 8 Combination Tractors: Class 7 and 8 
combination tractor-trailers \23\--some equipped with sleeper cabs and 
some not--are used for freight transportation. Tractors sometimes run 
without a trailer in between loads, but most of the time they run with 
one or more trailers that can carry up to 50,000 pounds or more of 
payload, consuming significant quantities of fuel and producing 
significant amounts of GHG emissions. Class 7 and 8 combination 
tractors and their engines contribute approximately 65 percent of the 
total GHG emissions and fuel consumption of the heavy-duty sector due 
to their large payloads, their high annual miles traveled (sometimes 
more than 150,000 miles per year), and their major role in national 
freight transport. In general, reducing GHG emissions and fuel 
consumption from these vehicles may involve improvements in 
aerodynamics, tires, and engine-based efficiency, reduction in idle 
operation, and improvements in or installation of other technologies. 
Fleet owners and truck owner/operators were not regulated in Phase 1.
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    \23\ These vehicles consist of a cab and engine (tractor or 
combination tractor) and a detachable trailer. In general, the 
heavy-duty combination tractor industry consists of tractor 
manufacturers (which manufacture the tractor chassis and bodies and 
either install their own engines or purchase and install engines 
from separate engine manufacturers) and trailer manufacturers. These 
manufacturers are not the same entity. For this and other reasons, 
Phase 1 treated these as separate regulatory categories.
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     Engines: Phase 1 required that engines used in heavy-duty 
vehicles be separately certified by their manufacturer to meet GHG 
emissions and fuel efficiency standards using the same test procedures 
used to certify engines for criteria pollutants, unless the vehicle is 
allowed to be chassis-certified (typically, Class 2b and 3 heavy-duty 
pick-up trucks and vans) whereby the separate engine certification is 
not required. Phase 1 engine standards vary depending on engine size 
linked to intended vehicle service class and use. In particular, the 
agencies created separate standards for spark-ignition (traditionally 
gasoline-fueled) and compression-ignition (traditionally diesel-fueled) 
engines. In addition, in Phase 1, standards for natural gas engines 
were identical to those for either the diesel- or gasoline-fueled 
engines, depending on the natural gas engine architecture.
     Semi-trailers: Semi-trailers pulled by Class 7 and 8 
tractors were considered but ultimately excluded from the Phase 1 final 
regulations. Since 2011, EPA and NHTSA have initiated several test 
programs to evaluate fuel efficient and GHG-reducing trailer 
technologies such as low-rolling resistance tires, aerodynamic 
technologies, and weight reduction. Phase 2 is expected to consider 
again the regulation of trailers, such as dry van trailers, 
refrigerated (reefer) trailers, container chassis, and other trailer 
types.
    NHTSA (in consultation with EPA) is still evaluating the costs and 
effectiveness of the various technologies available, the potential 
structure of the program, the stringencies of potential alternatives 
covering each regulatory category of the HD sector (Class 2b and 3 
heavy-duty pick-up trucks and vans, Class 2b through 8 vocational 
vehicles, Class 7 and 8 combination tractors, trailers, and/or 
engines), and the range of reasonable alternatives for consideration in 
this rulemaking and EIS.\24\ NHTSA will evaluate several factors in 
developing alternatives for consideration and analysis, including costs 
for technology development and manufacture, costs that will be paid by 
heavy-duty vehicle owners and operators, fuel efficiency (and 
corresponding GHG reduction) benefits, industry structure, and more.
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    \24\ Amongst other research and reports, NHTSA will consider the 
findings contained in the recent National Academies report regarding 
Phase 2 regulations. See National Research Council. Reducing the 
Fuel Consumption and Greenhouse Gas Emissions of Medium- and Heavy-
Duty Vehicles, Phase Two: First Report. Washington, DC: The National 
Academies Press, 2014.
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    NEPA requires agencies to consider a ``no action'' alternative in 
their NEPA analyses and to compare the effects of not taking action 
with the effects of the reasonable action alternatives in order to 
demonstrate the different environmental effects of the action 
alternatives.\25\ In its EIS, NHTSA will consider a ``no action'' 
alternative, which assumes, for purposes of NEPA analysis, that NHTSA 
would not issue a rule regarding HD fuel efficiency standards. Under 
these circumstances, the existing fuel efficiency standards established 
for the end of Phase 1 would persist until NHTSA takes additional 
action.\26\ NHTSA will refer to this as the ``No Action Alternative'' 
or as the ``baseline.''
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    \25\ See 40 CFR 1502.2(e), 1502.14(d). CEQ has explained that 
``[T]he regulations require the analysis of the no action 
alternative even if the agency is under a court order or legislative 
command to act. This analysis provides a benchmark, enabling 
decision makers to compare the magnitude of environmental effects of 
the action alternatives. . . . Inclusion of such an analysis in the 
EIS is necessary to inform Congress, the public, and the President 
as intended by NEPA. [See 40 CFR 1500.1(a).]'' Forty Most Asked 
Questions Concerning CEQ's National Environmental Policy Act 
Regulations, 46 FR 18026 (1981) (emphasis added).
    \26\ The ``no action'' alternative will also assume that EPA 
would not issue a rule regarding HD GHG emissions standards. The 
existing GHG standards established for the end of Phase 1 would also 
persist indefinitely.
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    Similar to the approach NHTSA used in its EIS for the MY 2017-2025 
light-duty CAFE standards, the EIS will also analyze action 
alternatives calculated at the lower point and at the upper point of 
the range the agency believes encompasses reasonable alternatives 
meeting the purpose and need of the proposed action (i.e., increasing 
fuel efficiency of HD vehicles in conformity with the requirements of 
EISA). These lower and upper ``bounds'' or ``brackets'' will account 
for various potential structures for the Phase 2 fuel efficiency 
improvement program and various levels of stringency for the regulatory 
categories identified above. These alternatives would bracket the range 
of actions the agency may select. If additional granularity is 
necessary, the agency may analyze additional action alternatives within 
the range.
    In the draft EIS (DEIS), NHTSA intends to identify a Preferred 
Alternative, which may be one of the above-identified alternatives or a 
level of stringency that falls between those extremes. The Preferred 
Alternative would reflect what the agency believes is the ``maximum 
feasible improvement'' required under EISA, and may require fuel 
efficiency improvement that is constant throughout the regulatory 
period or varies from year to year (and from segment to segment) in 
accordance with predetermined stringency increases that would be 
established by this rule. However, the overall stringency and impacts 
will fall at or between the lower and upper brackets discussed above. 
NHTSA has not yet identified its Preferred Alternative.
    The lower and upper bounds of the range of reasonable alternatives 
would

[[Page 38846]]

reflect different ways NHTSA could weigh the considerations before the 
agency in the rulemaking. The lower bound, representing the least 
stringent fuel efficiency improvement, would reflect more pessimistic 
assumptions of the appropriateness, feasibility, and cost-effectiveness 
of various technologies designed to achieve the maximum feasible 
improvement in fuel efficiency. This alternative might assume, for 
example, that fuel efficiency improvement technologies are at the upper 
end of their ranges of potential cost, that technologies are not 
effectively deployable until later in time, that the benefits are at 
the lower end of their potential range, or that heavy-duty vehicle 
owners and operators demand more immediate benefits. On the other hand, 
the upper bound, representing the most stringent fuel efficiency 
improvement, would reflect more optimistic assumptions of the 
appropriateness, feasibility, and cost-effectiveness of those 
technologies. This alternative might assume, for example, that fuel 
efficiency improvement technologies are at the lower end of their 
ranges of potential cost, that technologies will be deployed earlier in 
time, that the benefits are at the higher end of their potential range, 
or that heavy-duty vehicle owners and operators will accept benefits 
over the long-term despite higher initial costs.
    The range covered will reflect differences in the degree of 
technology adoption across the fleet, in costs to manufacturers and 
heavy-duty vehicle owners and operators, and in conservation of fuel 
and related reductions in GHGs. For example, the most stringent 
alternative NHTSA will evaluate would likely require, on balance, 
greater adoption of technology across the fleet than the least 
stringent alternative NHTSA will evaluate. As a result, the most 
stringent alternative would impose greater costs and achieve greater 
energy conservation and related reductions in GHGs.
    This range of stringencies, along with the analysis for the 
Preferred Alternative, would provide a broad range of information for 
NHTSA to use in evaluating and weighing the statutory factors in EISA. 
It would also assist the decision-maker in considering the differences 
and uncertainties in the way in which key economic inputs (e.g., the 
price of fuel and the social cost of carbon) and technological inputs 
are estimated or valued.
    NHTSA invites comments to ensure that the agency considers a full 
range of reasonable alternatives in setting new HD vehicle fuel 
efficiency improvement standards and that the agency identifies the 
environmental impacts and focuses its analyses on all the potentially 
significant impacts related to each alternative. Comments may go beyond 
the approaches and information that NHTSA described above for 
developing the alternatives and in identifying the potentially 
significant environmental effects. The agency may modify the proposed 
alternatives and environmental effects that will be analyzed in depth 
based upon the comments received during the scoping process and upon 
further agency analysis.
    Planned Analysis: The scoping process initiated by this notice 
seeks to determine ``the range of actions, alternatives, and impacts to 
be considered'' in the EIS and to identify the most important issues 
for analysis involving the potential environmental impacts of NHTSA's 
HD vehicle fuel efficiency improvement program.\27\ NHTSA's NEPA 
analysis will consider the direct, indirect and cumulative 
environmental impacts of the proposed post-2018 standards and those of 
reasonable alternatives.
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    \27\ See 40 CFR 1500.5(d), 1501.7, 1508.25.
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    While the main focus of NHTSA's prior EISs (i.e., the CAFE EISs for 
MYs 2017-2025,\28\ 2012-2016,\29\ and 2011-2015,\30\ and the HD Phase 1 
EIS \31\) was the quantitative analysis of impacts to energy, air 
quality, and climate, as well as qualitative analysis of cumulative 
impacts resulting from climate change, those prior EISs also addressed 
other potentially affected resources. For example, NHTSA conducted a 
qualitative review of impacts of the alternatives on water resources, 
biological resources, land use, hazardous materials, safety, noise, 
historic and cultural resources, and environmental justice. In the last 
CAFE EIS, NHTSA also presented a literature synthesis of life-cycle 
environmental impacts of certain vehicle materials and 
technologies.\32\
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    \28\ Final Environmental Impact Statement, Corporate Average 
Fuel Economy Standards, Passenger Cars and Light Trucks, Model Years 
2017-2025, Docket No. NHTSA-2011-0056-2089 (July 2012).
    \29\ Final Environmental Impact Statement, Corporate Average 
Fuel Economy Standards, Passenger Cars and Light Trucks, Model Years 
2012-2016, Docket No. NHTSA-2009-0059-0140 (February 2010).
    \30\ Final Environmental Impact Statement, Corporate Average 
Fuel Economy Standards, Passenger Cars and Light Trucks, Model Years 
2011-2015, Docket No. NHTSA-2008-0060-0605 (October 2008).
    \31\ Final Environmental Impact Statement, Medium- and Heavy-
Duty Fuel Efficiency Improvement Program, Model Years 2014-2018, 
Docket No. NHTSA-2010-0079-0151 (June 2011).
    \32\ See Chapter 6 of the CAFE MY 2017-2025 Final EIS.
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    Similar to past EIS practice, NHTSA plans to analyze environmental 
impacts related to fuel and energy use, air pollutant emissions 
including GHGs and their effects on temperature and climate change, air 
quality, natural resources, and the human environment. NHTSA will 
consider the direct and indirect impacts of the proposed HD standards, 
as well as the cumulative impacts \33\ of the proposed standards 
together with any past, present, and reasonably foreseeable future 
actions. NHTSA also intends to present a literature synthesis of life-
cycle and upstream environmental impacts of vehicle materials and 
technologies relevant to the improvement of fuel efficiency in HD 
vehicles. Overall, NHTSA plans to analyze impacts in much the same 
manner as it did in its prior EISs, particularly the CAFE MY 2017-2025 
Final EIS (FEIS), while incorporating by reference any of the relevant 
discussions from those documents.
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    \33\ In accordance with CEQ regulations, cumulative impacts are 
``the impact on the environment which results from the incremental 
impact of the action when added to other past, present, and 
reasonably foreseeable future actions regardless of what agency 
(Federal or non-federal) or person undertakes such action.'' 40 CFR 
1508.7.
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    Because of the models NHTSA will use for this rulemaking and EIS, 
the agency anticipates analyzing impacts on fuel/energy use and 
pollutant emissions through 2050 and impacts on GHG emissions, global 
temperature, and climate change through 2100. In the CAFE MY 2017-2025 
FEIS, NHTSA analyzed impacts on fuel/energy use and pollutant emissions 
through 2060. However, because HD vehicles generally accumulate the 
vast majority of their VMT in early years, and because more distant 
projections contain far more uncertainty, NHTSA believes the analysis 
year of 2050 for fuel/energy use and air quality will provide 
sufficient information for the decision-maker to assess the totality of 
the impacts related to the regulated vehicles. Because climate impacts 
are more long-term, NHTSA anticipates that the EIS will assess these 
impacts to 2100.
    NHTSA specifically requests comment on its proposed analysis as 
laid out in the previous paragraphs. For example, do the resources and 
impacts described represent the significant issues to be analyzed in 
depth in the EIS? \34\ How should the agency assess cumulative impacts, 
including those from various emissions source categories and across a 
range of geographic locations? How should the agency distinguish the 
direct/indirect

[[Page 38847]]

impacts of its action from the cumulative impacts of its action? 
Finally, should the cumulative impacts analysis consider emissions and 
impacts related to only HD vehicles, all on-road motor vehicles, the 
entirety of the transportation sector, or all sources of such 
emissions?
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    \34\ See 40 CFR 1501.7(a)(2).
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    The agency anticipates uncertainty in estimating the potential 
environmental impacts of the alternatives it proposes, particularly 
with regard to climate change. For instance, NHTSA expects that there 
will be uncertainty associated with its estimates of the range of 
potential global mean temperature changes that may result from changes 
in fuel and energy consumption and GHG emissions due to a range of new 
HD vehicle fuel efficiency standards. Further, it is difficult to 
predict and compare the ways in which potential temperature changes 
attributable to new HD vehicle fuel efficiency standards may, in turn, 
affect many aspects of the environment. NHTSA will endeavor to gather 
the key relevant and credible information. Where information is 
incomplete or unavailable, the agency will acknowledge the 
uncertainties in its NEPA analysis, and will apply the provisions in 
the CEQ regulations addressing ``[i]ncomplete or unavailable 
information.'' \35\
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    \35\ See 40 CFR 1502.22.
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    NHTSA intends to rely primarily upon the Intergovernmental Panel on 
Climate Change (IPCC) Fourth and Fifth Assessment Reports and reports 
of the U.S. Climate Change Science Program (CCSP) and the U.S. Global 
Change Research Program (USGCRP), including the USGCRP Third National 
Climate Assessment (NCA) Report, as sources for recent ``summar[ies] of 
existing credible scientific evidence which is relevant to evaluating 
the reasonably foreseeable significant adverse impacts on the human 
environment.'' \36\ NHTSA will also rely on National Academies and 
National Research Council assessments of climate impacts and the EPA 
Endangerment and Cause or Contribute Findings for Greenhouse Gases 
under Section 202(a) of the Clean Air Act and the accompanying 
Technical Support Document (referred to collectively hereinafter as the 
EPA Endangerment Finding). NHTSA believes that the IPCC Fourth and 
Fifth Assessment Reports, the USGCRP NCA, National Academies and 
National Research Council assessments, and the EPA Endangerment Finding 
are the most recent, most comprehensive summaries available, but 
recognizes that subsequent peer-reviewed research and other federal 
agency reports may provide additional relevant and credible evidence 
not accounted for in these Reports. NHTSA expects to consider such 
subsequent information as well, to the extent that it provides relevant 
and credible evidence.
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    \36\ 40 CFR 1502.22(b)(3); see 40 CFR 1502.21. The IPCC reports 
are available at http://www.ipcc.ch/ (last visited April 29, 2014). 
Information on CCSP and USGCRP can be found at http://www.globalchange.gov/ (last visited May 19, 2014). Information on 
EPA's Endangerment and Cause or Contribute Findings is available at 
http://www.epa.gov/climatechange/endangerment/ (last visited April 
29, 2014).
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    NHTSA expects to rely on its previously published EISs, 
incorporating material by reference ``when the effect will be to cut 
down on bulk without impeding agency and public review of the action.'' 
\37\ Therefore, the NHTSA NEPA analysis and documentation will 
incorporate by reference relevant materials, including portions of the 
agency's prior NEPA documents, where appropriate.
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    \37\ 40 CFR 1502.21.
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    NHTSA has invited EPA, the Federal Motor Carrier Safety 
Administration (FMCSA), and the Department of Energy (DOE) to serve as 
cooperating agencies on this EIS.\38\ If they accept, these agencies' 
role in the development of the EIS could include the following as they 
relate to their area of expertise:
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    \38\ Under the CEQ implementing regulations, a cooperating 
agency is ``any Federal agency[, State or local agency, or Indian 
tribe] other than a lead agency which has jurisdiction by law or 
special expertise with respect to any environmental impact involved 
in a proposal (or a reasonable alternative) for . . . [a] major 
Federal action significantly affecting the quality of the human 
environment.'' 40 CFR 1508.5. See also 40 CFR 1501.6.
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     Identifying the significant issues to be analyzed in the 
EIS from a fuel use, climate change, and air quality perspective for 
heavy-duty vehicles;
     Participating in the scoping process as appropriate and, 
in particular, assisting NHTSA to ``identify and eliminate from 
detailed study the issues which are not significant or which have been 
covered by prior environmental review (Sec.  1506.3), narrowing the 
discussion of these issues in the statement to a brief presentation of 
why they will not have a significant effect on the human environment or 
providing a reference to their coverage elsewhere;'' \39\
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    \39\ 40 CFR 1501.7(a)(3).
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     Providing information and expertise on manufacture, sale, 
operation, and maintenance, of heavy-duty vehicles;
     Providing information and expertise related to 
technologies for improving the fuel efficiency of heavy-duty vehicles;
     Providing technical assistance, information, and expertise 
for modeling environmental impacts related to manufacture and use of 
heavy-duty vehicles;
     Participating in coordination meetings, as appropriate; 
and
     Reviewing and commenting on the DEIS and FEIS prior to 
publication.
As part of the scoping process, NHTSA will work with cooperating 
agencies to refine their role, though NHTSA will retain responsibility 
for the EIS.\40\
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    \40\ See 40 CFR 1501.7(a)(4).
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    Scoping and Public Participation: NHTSA's NEPA analysis for new HD 
fuel efficiency improvement program standards will consider the direct, 
indirect, and cumulative environmental impacts of proposed standards 
and those of reasonable alternatives. The scoping process initiated by 
this notice seeks public comment on the range of alternatives under 
consideration, and on the most important issues for in-depth analysis 
in the EIS.\41\
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    \41\ See 40 CFR 1500.5(d), 1501.7, 1508.25.
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    NHTSA invites all Federal agencies, Indian Tribes, State and local 
agencies, stakeholders, and the public to participate in the scoping 
process.\42\ Please submit written comments concerning the appropriate 
scope of the NEPA analysis for proposed HD vehicle fuel efficiency 
standards to the docket number identified in the heading of this 
notice, using any of the methods described in the ADDRESSES section of 
this notice. NHTSA does not plan to hold a public scoping meeting, 
because past experience indicates that written comments will be 
effective in identifying and narrowing the issues for analysis.
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    \42\ Consistent with NEPA and implementing regulations, NHTSA is 
sending this notice directly to: (1) Federal agencies having 
jurisdiction by law or special expertise with respect to the 
environmental impacts involved or authorized to develop and enforce 
environmental standards; (2) the Governors of every State, to share 
with the appropriate agencies and offices within their 
administrations and with the local jurisdictions within their 
States; (3) organizations representing state and local governments 
and Indian tribes; and (4) other stakeholders that NHTSA reasonably 
expects to be interested in the NEPA analysis for the HD vehicle 
fuel efficiency standards. See 42 U.S.C. 4332(2)(C); 49 CFR 
520.21(g); 40 CFR 1501.7, 1506.6.
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    All comments relevant to the scoping process are welcome. 
Specifically, NHTSA requests:
     Peer-reviewed scientific studies that have been issued 
since the EPA Endangerment Finding and that address or may inform: (a) 
The impacts on CO2 and other GHG emissions that may be 
associated with any of the alternatives under consideration; (b) the 
impacts from climate change that may be associated with these emission 
changes; or (c) the time periods over which such

[[Page 38848]]

impacts may occur. NHTSA is particularly interested in peer-reviewed 
studies analyzing the potential impacts of climate change within the 
United States or in particular geographic areas of the United States.
     Comments on how NHTSA should estimate the potential 
changes in temperature that may result from the changes in 
CO2 emissions projected from setting new HD fuel efficiency 
standards, and comments on how NHTSA should estimate the potential 
impacts of temperature changes on the environment.
     Comments on how NHTSA should discuss or estimate any 
localized or regional impacts of decreased fuel use, including 
potential upstream impacts (e.g., changes in fuel use and emissions 
levels resulting from the extraction, production, storage, and 
distribution of fuel; changes in materials or other technologies), and 
comments on how NHTSA should estimate the potential impacts of these 
localized or regional changes on the environment.
     Comments on what time frame NHTSA should use to evaluate 
the environmental impacts that may result from setting HD vehicle fuel 
efficiency standards.
     Comments on emerging environmental issues that should be 
considered when setting standards.
    NHTSA understands that there are a variety of potential 
alternatives that could be considered that fit within the purpose and 
need for the proposed rulemaking, as set forth in EISA. NHTSA is 
therefore interested in comments on how best to structure or describe 
proposed alternatives for purposes of evaluation under NEPA. Subject to 
the statutory restraints under EISA, a variety of potential 
alternatives could be considered within the purpose and need for the 
proposed rulemaking, each falling along a theoretically infinite 
continuum of potential standards. As described above, NHTSA plans to 
address this issue by identifying alternatives at the upper and lower 
bounds of a range within which we believe the statutory requirement for 
``maximum feasible improvement'' \43\ would be satisfied, as well as 
identifying and analyzing the impacts of a preferred alternative. In 
this way, NHTSA expects to bracket the potential environmental impacts 
of the standards it may select.\44\
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    \43\ See 49 U.S.C. 32902(k)(2).
    \44\ Should NHTSA ultimately choose to set standards at levels 
other than the Preferred Alternative, we believe that this 
bracketing will properly inform the decision-maker, so long as the 
standards are set within its bounds. This methodology permits the 
analysis of a range of reasonable alternatives the agency may pick, 
while providing the agency flexibility to select the alternative 
based on the most up-to-date information and analyses available at 
that time.
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    NHTSA seeks comments on what criteria should be used to choose the 
Preferred Alternative, given the agency's statutory requirement of 
developing a ``program designed to achieve the maximum feasible 
improvement.'' \45\ When suggesting an approach, please explain how it 
would satisfy the EISA requirements (in particular, how and why it 
would be ``appropriate, cost-effective, and technologically feasible'') 
and give effect to NEPA's policies.\46\
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    \45\ 49 U.S.C. 32902(k)(2).
    \46\ See 49 U.S.C. 32902(k)(2); 40 CFR 1502.14, Alternatives 
Including the Proposed Action (explaining what agencies should 
include in the alternatives section of an EIS).
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    In addition, as noted above, NHTSA requests comments on how the 
agency should assess cumulative impacts, including those from various 
emissions source categories and from a range of geographic locations. 
Also in regard to cumulative impacts, the agency requests comments on 
how to consider the incremental impacts from foreseeable future actions 
of other agencies or persons, and how they might interact with the HD 
vehicle fuel efficiency improvement program's incremental impacts.
    Two important purposes of scoping are identifying the significant 
issues that merit in-depth analysis in the EIS and identifying and 
eliminating from detailed analysis the issues that are not significant 
and therefore require only a brief discussion in the EIS.\47\ The more 
specific your comments are, and the more support you can provide by 
directing the agency to peer-reviewed scientific studies and reports as 
requested above, the more useful your comments will be to the agency. 
For example, if you identify an additional area of impact or 
environmental concern you believe NHTSA should analyze, or an 
analytical tool or model that you believe NHTSA should use to evaluate 
these environmental impacts, you should clearly describe it and support 
your comments with a reference to a specific peer-reviewed scientific 
study, report, tool or model. Specific, well-supported comments will 
help the agency prepare an EIS that is focused and relevant, and will 
serve NEPA's overarching aims of making high quality information 
available to decision-makers and the public by ``concentrat[ing] on the 
issues that are truly significant to the action in question, rather 
than amassing needless detail.'' \48\ By contrast, mere assertions that 
the agency should evaluate broad lists or categories of concerns, 
without support, will likely not assist the scoping process for the 
proposed standards.
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    \47\ 40 CFR 1500.4(g), 1501.7(a).
    \48\ 40 CFR 1500.1(b).
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    Written comments should include an Internet citation (with a date 
last visited) to each peer-reviewed study or report you cite in your 
comments if one is available. If a document you cite is not available 
to the public online, you should attach a copy to your comments \49\ or 
describe the study with sufficient detail to allow the agency to 
determine whether its contents warrant further analysis and potential 
inclusion in the EIS. Your comments should indicate how each document 
you cite, attach, or describe is relevant to the rulemaking or NEPA 
analysis, and indicate the specific pages and passages in the 
attachment that are most informative.
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    \49\ Many studies or reports are subject to distribution 
limitations under U.S. copyright law. Please do not attach the 
document to your written comments if it would violate U.S. copyright 
law to make that document available to the public in the agency's 
docket.
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    In the past, some commenters have incorporated by reference 
comments they or others have previously submitted with regard to other 
EISs prepared by NHTSA. To the degree those previously submitted 
comments do not relate to the current EIS, have already been responded 
to by the agency in a prior EIS, or have been addressed by changes in 
the prior or current EISs, NHTSA will not provide a direct response in 
the current DEIS or FEIS. If a commenter does not believe the issues 
raised in those previously submitted comments have been fully addressed 
by the agency, the commenter may choose to raise the issue again, but 
should provide sufficient explanation and supporting material in 
comments submitted to the agency with regard to the current EIS 
(including comments submitted during scoping).
    Please be sure to reference the docket number identified in the 
heading of this document in your comments. NHTSA may communicate with 
interested parties by email. Thus, please also provide an email address 
(or a mailing address if you decline email communications).\50\ These 
steps will help NHTSA manage a large volume of material during the NEPA 
process. All comments and materials received, including the names and 
addresses of the commenters who submit them, will

[[Page 38849]]

become part of the administrative record and will be posted on the web 
at http://www.regulations.gov.
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    \50\ If you prefer to receive NHTSA's NEPA correspondence by 
U.S. mail, NHTSA intends to provide its NEPA publications via a CD 
readable on a personal computer.
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    NHTSA expects to prepare an NPRM and DEIS for public comment by 
March 2015, and an FEIS and final rule by March 2016. NHTSA will make 
its DEIS and FEIS available on the agency's Web site (http://www.nhtsa.dot.gov/fuel-economy) \51\ and in the docket identified at 
the beginning of the notice. NHTSA will mail notices of the 
availability of environmental documents to Federal agencies with 
jurisdiction by law or special expertise (including cooperating 
agencies), States, Indian tribes, commenters, stakeholders (e.g., 
vehicle, trailer, or engine manufacturers, trade organizations, and 
environmental organizations the agency has identified), and national 
organizations that have requested that notice regularly be 
provided.\52\ EPA will then announce the availability of NHTSA's DEIS 
and FEIS in Federal Register notices. To reduce its impact on the 
environment, NHTSA's default method of distribution will be through the 
Internet by the agency's Web site and online docket (http://www.regulations.gov). However, NHTSA will create limited quantities of 
the EIS on CD-ROMs and in hard-copy printed books for those who require 
and specifically request to receive it in those formats.\53\
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    \51\ NHTSA will also post information about the NEPA process and 
the HD vehicle fuel efficiency improvement program rulemaking on 
this Web site.
    \52\ Members of the public, including national organizations, 
may request that notice of the availability of environmental 
documents be provided directly to them. To be included on this 
transmittal list, please provide your email address or mailing 
address to NHTSA by email ([email protected]) or regular 
mail (James MacIsaac, 1200 New Jersey Ave. SE., W43-444, Washington, 
DC 20590).
    \53\ Such requests may be made by email or regular mail at the 
addresses indicated in the previous footnote. Please be advised that 
requests received after January 1, 2015 may result in delayed 
receipt of a CD-ROM or hard copy.

David M. Hines,
Acting Associate Administrator for Rulemaking.
[FR Doc. 2014-16005 Filed 7-8-14; 8:45 am]
BILLING CODE 4910-59-P