DOT 49 CFR PART 536-2010 TRANSFER AND TRADING OF FUEL ECONOMY CREDITS.pdf

1、115 Natl Highway Traffic Safety Admin., DOT 536.3 them such that one manufacturer has assumed a controlling stock ownership or control over the design, production or sale of vehicles. The report must also specify the first full model year to which the transaction will apply. (b) Each report shall (i

2、) Identify each manufacturer; (ii) State the full name, title, and ad-dress of the official responsible for pre-paring the report; (iii) Identify the production year being reported on; (iv) Be written in the English lan-guage; and (v) Be submitted to: Administrator, National Highway Traffic Safety A

3、d-ministration, 400 Seventh Street, SW., Washington, DC 20590. (c) The manufacturers may seek con-fidential treatment for information provided in the certified report in ac-cordance with 49 CFR part 512. 534.7 Situations not directly ad-dressed by this part. To the extent that this part does not dir

4、ectly address an issue concerning the rights and responsibilities of manu-facturers in the context of a change in corporate relationships, the agency will make determinations based on in-terpretation of the statute and the principles reflected in the part. PART 536TRANSFER AND TRAD-ING OF FUEL ECONO

5、MY CRED-ITS Sec. 536.1 Scope. 536.2 Application. 536.3 Definitions. 536.4 Credits. 536.5 Trading infrastructure. 536.6 Treatment of credits earned prior to model year 2011. 536.7 Treatment of carryback credits. 536.8 Conditions for trading of credits. 536.9 Use of credits with regard to the do-mesti

6、cally manufactured passenger auto-mobile minimum standard. 536.10 Treatment of dual-fuel and alter-native fuel vehiclesconsistency with 49 CFR part 538. AUTHORITY: Sec. 104, Pub. L. 110140 (49 U.S.C. 32903); delegation of authority at 49 CFR 1.50. SOURCE: 74 FR 14452, Mar. 30, 2009, unless otherwise

7、 noted. 536.1 Scope. This part establishes regulations gov-erning the use and application of CAFE credits up to three model years before and five model years after the model year in which the credit was earned. It also specifies requirements for manu-facturers wishing to transfer fuel econ-omy credi

8、ts between their fleets and for manufacturers and other persons wishing to trade fuel economy credits to achieve compliance with prescribed fuel economy standards. 536.2 Application. This part applies to all credits earned (and transferable and tradable) for ex-ceeding applicable average fuel econ-o

9、my standards in a given model year for domestically manufactured pas-senger cars, imported passenger cars, and light trucks. 536.3 Definitions. (a) Statutory terms. All terms de-fined in 49 U.S.C. 32901(a) are used pursuant to their statutory meaning. (b) Other terms. Above standard fuel economy mea

10、ns, with respect to a compliance category, that the automobiles manufactured by a manufacturer in that compliance cat-egory in a particular model year have greater average fuel economy (cal-culated in a manner that reflects the incentives for alternative fuel auto-mobiles per 49 U.S.C. 32905) than t

11、hat manufacturers fuel economy standard for that compliance category and model year. Adjustment factor means a factor used to adjust the value of a traded or trans-ferred credit for compliance purposes to ensure that the compliance value of the credit when used reflects the total volume of oil saved

12、 when the credit was earned. Below standard fuel economy means, with respect to a compliance category, that the automobiles manufactured by a manufacturer in that compliance cat-egory in a particular model year have lower average fuel economy (calculated in a manner that reflects the incen-tives for

13、 alternative fuel automobiles per 49 U.S.C. 32905) than that manufac-turers fuel economy standard for that compliance category and model year. VerDate Mar2010 14:39 Dec 20, 2010 Jkt 220217 PO 00000 Frm 00125 Fmt 8010 Sfmt 8010 Y:SGML220217.XXX 220217jdjones on DSKHWCL6B1PROD with CFRProvided by IHSN

14、ot for ResaleNo reproduction or networking permitted without license from IHS-,-,-116 49 CFR Ch. V (10110 Edition) 536.3 Compliance means a manufacturer achieves compliance in a particular compliance category when (1) The average fuel economy of the vehicles in that category exceed or meet the fuel

15、economy standard for that category, or (2) The average fuel economy of the vehicles in that category do not meet the fuel economy standard for that cat-egory, but the manufacturer proffers a sufficient number of valid credits, ad-justed for total oil savings, to cover the gap between the average fue

16、l econ-omy of the vehicles in that category and the required average fuel economy. A manufacturer achieves compliance for its fleet if the above conditions (1) or (2) are simultaneously met for all compliance categories. Compliance category means any of three categories of automobiles subject to Fed

17、eral fuel economy regulations. The three compliance categories recog-nized by 49 U.S.C. 32903(g)(6) are domes-tically manufactured passenger auto-mobiles, imported passenger auto-mobiles, and non-passenger auto-mobiles (light trucks). Credit holder (or holder) means a legal person that has valid pos

18、session of credits, either because they are a man-ufacturer who has earned credits by ex-ceeding an applicable fuel economy standard, or because they are a des-ignated recipient who has received credits from another holder. Credit holders need not be manufacturers, al-though all manufacturers may be

19、 cred-it holders. Credits (or fuel economy credits) means an earned or purchased allowance rec-ognizing that the average fuel economy of a particular manufacturers vehicles within a particular compliance cat-egory and model year exceeds that manufacturers fuel economy standard for that compliance ca

20、tegory and model year. One credit is equal to 110 of a mile per gallon above the fuel econ-omy standard per one vehicle within a compliance category. Credits are de-nominated according to model year in which they are earned (vintage), origi-nating manufacturer, and compliance category. Expiry date m

21、eans the model year after which fuel economy credits may no longer be used to achieve compli-ance with fuel economy regulations. Expiry Dates are calculated in terms of model years: for example, if a manufac-turer earns credits for model year 2011, these credits may be used for compli-ance in model

22、years 20082016. Fleet means all automobiles that are manufactured by a manufacturer in a particular model year and are subject to fuel economy standards under 49 CFR parts 531 and 533. For the purposes of this regulation, a manufacturers fleet means all domestically manufac-tured and imported passen

23、ger auto-mobiles and non-passenger automobiles (light trucks). Work trucks and medium and heavy trucks are not in-cluded in this definition for purposes of this regulation. Light truck means the same as non- passenger automobile, as that term is defined in 49 U.S.C. 32901(a)(17), and as light truck,

24、 as that term is defined at 49 CFR 523.5. Originating manufacturer means the manufacturer that originally earned a particular credit. Each credit earned will be identified with the name of the originating manufacturer. Trade means the receipt by NHTSA of an instruction from a credit holder to place

25、one of its credits in the account of another credit holder. A credit that has been traded can be identified be-cause the originating manufacturer will be a different party than the cur-rent credit holder. Traded credits are moved from one credit holder to the re-cipient credit holder within the same

26、 compliance category for which the credits were originally earned. If a credit has been traded to another cred-it holder and is subsequently traded back to the originating manufacturer, it will be deemed not to have been traded for compliance purposes. Transfer means the application by a manufacture

27、r of credits earned by that manufacturer in one compliance cat-egory or credits acquired be trade (and originally earned by another manufac-turer in that category) to achieve com-pliance with fuel economy standards with respect to a different compliance category. For example, a manufacturer may purc

28、hase light truck credits from another manufacturer, and transfer them to achieve compliance in the VerDate Mar2010 14:39 Dec 20, 2010 Jkt 220217 PO 00000 Frm 00126 Fmt 8010 Sfmt 8010 Y:SGML220217.XXX 220217jdjones on DSKHWCL6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking p

29、ermitted without license from IHS-,-,-117 Natl Highway Traffic Safety Admin., DOT 536.4 manufacturers domestically manufac-tured passenger car fleet. Subject to the credit transfer limitations of 49 U.S.C. 32903(g)(3), credits can also be transferred across compliance cat-egories and banked or saved

30、 in that category to be carried forward or back-wards later to address a credit short-fall. Vintage means, with respect to a credit, the model year in which the credit was earned. 74 FR 14452, Mar. 30, 2009, as amended at 75 FR 25727, May 7, 2010 536.4 Credits. (a) Type and vintage. All credits are

31、identified and distinguished in the ac-counts by originating manufacturer, compliance category, and model year of origin (vintage). (b) Application of credits. All credits earned and applied are calculated, per 49 U.S.C. 32903(c), in tenths of a mile per gallon by which the average fuel economy of v

32、ehicles in a particular compliance category manufactured by a manufacturer in the model year in which the credits are earned exceeds the applicable average fuel economy standard, multiplied by the number of vehicles sold in that compliance cat-egory. However, credits that have been traded between cr

33、edit holders or trans-ferred between compliance categories are valued for compliance purposes using the adjustment factor specified in paragraph (c) of this section, pursu-ant to the total oil savings require-ment of 49 U.S.C. 32903(f)(1). (c) Adjustment factor. When traded or transferred and used,

34、fuel economy credits are adjusted to ensure fuel oil savings is preserved. For traded cred-its, the user (or buyer) of credits must multiply the calculated adjustment factor by the number of its shortfall credits it plans to offset in order to de-termine the number of equivalent cred-its to acquire

35、from the earner (or sell-er). For transferred credits, the user of credits must multiply the calculated adjustment factor by the number of its shortfall credits it plans to offset in order to determine the number of equivalent credits to transfer from the compliance category holding the avail-able c

36、redits. The adjustment factor is calculated by the following formula: A =VMTu MPGae MPGseVMTe MPGau MPGsuWhere A = Adjustment Factor applied to traded or transferred credits; VMTe = Lifetime vehicle miles traveled as provided in the following table for the model year and compliance category in which

37、 the credit was earned. VMTu = Lifetime vehicle miles traveled as provided in the following table for the model year and compliance category in which the credit is used for compliance. Model year Lifetime Vehicle Miles Traveled (VMT) 2012 2013 2014 2015 2016 Passenger Cars 177,238 177,366 178,652 18

38、0,497 182,134 Light Trucks . 208,471 208,537 209,974 212,040 213,954 MPGse = Required fuel economy standard for the originating (earning) manufacturer, compliance category, and model year in which the credit was earned; MPGae = Actual fuel economy for the origi-nating manufacturer, compliance cat-eg

39、ory, and model year in which the cred-it was earned; MPGsu = Required fuel economy standard for the user (buying) manufacturer, compli-ance category, and model year in which the credit is used for compliance; MPGau = Actual fuel economy for the user manufacturer, compliance category, and VerDate Mar

40、2010 14:39 Dec 20, 2010 Jkt 220217 PO 00000 Frm 00127 Fmt 8010 Sfmt 8010 Y:SGML220217.XXX 220217ER30MR09.107jdjones on DSKHWCL6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-118 49 CFR Ch. V (10110 Edition) 536.5 model year in which t

41、he credit is used for compliance. 74 FR 14452, Mar. 30, 2009, as amended at 75 FR 25727, May 7, 2010 536.5 Trading infrastructure. (a) Accounts. NHTSA maintains ac-counts for each credit holder. The ac-count consists of a balance of credits in each compliance category and vintage held by the holder.

42、 (b) Who may hold credits. Every manu-facturer subject to fuel economy stand-ards under 49 CFR parts 531 or 533 is automatically an account holder. If the manufacturer earns credits pursuant to this regulation, or receives credits from another party, so that the manu-facturers account has a non-zero

43、 bal-ance, then the manufacturer is also a credit holder. Any party designated as a recipient of credits by a current cred-it holder will receive an account from NHTSA and become a credit holder, subject to the following conditions: (1) A designated recipient must pro-vide name, address, contacting

44、infor-mation, and a valid taxpayer identi-fication number or social security number; (2) NHTSA does not grant a request to open a new account by any party other than a party designated as a re-cipient of credits by a credit holder; (3) NHTSA maintains accounts with zero balances for a period of time

45、, but reserves the right to close accounts that have had zero balances for more than one year. (c) Automatic debits and credits of ac-counts. (1) Upon receipt of a verified in-struction to trade credits from an ex-isting credit holder, NHTSA verifies the presence of sufficient credits in the account

46、 of the trader, then debits the account of the trader and credits the account of the recipient with credits of the vintage, origin, and compliance category designated. Traded credits identified by a specific compliance cat-egory are deposited into the recipients account in that same compliance cat-e

47、gory. If the recipient is not a current account holder, NHTSA establishes the account subject to the conditions de-scribed in 536.5(b), and adds the cred-its to the newly-opened account. (2) NHTSA automatically deletes un-used credits from holders accounts as they reach their expiry date. (d) Compli

48、ance. (1) NHTSA assesses compliance with fuel economy stand-ards each year, utilizing the certified and reported CAFE data provided by the Environmental Protection Agency for enforcement of the CAFE program pursuant to 49 U.S.C. 32904(e). Credit values are calculated based on the CAFE data from the

49、EPA. If a par-ticular compliance category within a manufacturers fleet has above stand-ard fuel economy, NHTSA adds credits to the manufacturers account for that compliance category and vintage in the appropriate amount by which the man-ufacturer has exceeded the applicable standard. (2) If a manufacturers vehicles in a particular compliance category have below standard fuel economy, NHTSA will provide written notif