1、86 49 CFR Ch. V (10110 Edition) 523.5 523.5 Non-passenger automobile. A non-passenger automobile means an automobile that is not a passenger automobile or a work truck and in-cludes vehicles described in paragraphs (a) and (b) of this section: (a) An automobile designed to per-form at least one of t
2、he following func-tions: (1) Transport more than 10 persons; (2) Provide temporary living quar-ters; (3) Transport property on an open bed; (4) Provide, as sold to the first retail purchaser, greater cargo-carrying than passenger-carrying volume, such as in a cargo van; if a vehicle is sold with a s
3、econd-row seat, its cargo-carrying vol-ume is determined with that seat in-stalled, regardless of whether the man-ufacturer has described that seat as op-tional; or (5) Permit expanded use of the auto-mobile for cargo-carrying purposes or other nonpassenger-carrying purposes through: (i) For non-pas
4、senger automobiles manufactured prior to model year 2012, the removal of seats by means installed for that purpose by the automobiles manufacturer or with simple tools, such as screwdrivers and wrenches, so as to create a flat, floor level, surface extending from the forwardmost point of installatio
5、n of those seats to the rear of the automobiles interior; or (ii) For non-passenger automobiles manufactured in model year 2008 and beyond, for vehicles equipped with at least 3 rows of designated seating posi-tions as standard equipment, permit expanded use of the automobile for cargo-carrying purp
6、oses or other non-passenger-carrying purposes through the removal or stowing of foldable or pivoting seats so as to create a flat, leveled cargo surface extending from the forwardmost point of installation of those seats to the rear of the auto-mobiles interior. (b) An automobile capable of off- hig
7、hway operation, as indicated by the fact that it: (1)(i) Has 4-wheel drive; or (ii) Is rated at more than 6,000 pounds gross vehicle weight; and (2) Has at least four of the following characteristics calculated when the automobile is at curb weight, on a level surface, with the front wheels parallel
8、 to the automobiles longitudinal cen-terline, and the tires inflated to the manufacturers recommended pres-sure (i) Approach angle of not less than 28 degrees. (ii) Breakover angle of not less than 14 degrees. (iii) Departure angle of not less than 20 degrees. (iv) Running clearance of not less than
9、 20 centimeters. (v) Front and rear axle clearances of not less than 18 centimeters each. (Sec. 9, Pub. L. 89670, 80 Stat. 981 (49 U.S.C. 1657); sec. 301, Pub. L. 94163, 89 Stat. 901 (15 U.S.C. 2002); delegation of authority at 41 FR 25015, June 22, 1976.) 74 FR 14449, Mar. 30, 2009 PART 525EXEMPTIO
10、NS FROM AV-ERAGE FUEL ECONOMY STAND-ARDS Sec. 525.1 Scope. 525.2 Purpose. 525.3 Applicability. 525.4 Definitions. 525.5 Limitation on eligibility. 525.6 Requirements for petition. 525.7 Basis for petition. 525.8 Processing of petitions. 525.9 Duration of exemption. 525.10 Renewal of exemption. 525.1
11、1 Termination of exemption; amend-ment of alternative average fuel econ-omy standard. 525.12 Public inspection of information. AUTHORITY: 15 U.S.C. 2002; 49 CFR 1.50. SOURCE: 42 FR 38376, July 28, 1977, unless otherwise noted. 525.1 Scope. This part establishes procedures under section 502(c) of the
12、 Motor Vehi-cle Information and Cost Savings Act, as amended (15 U.S.C. 2002) for the sub-mission and disposition of petitions filed by low volume manufacturers of passenger automobiles to exempt them from the average fuel economy stand-ards for passenger automobiles and to establish alternative ave
13、rage fuel econ-omy standards for those manufactur-ers. VerDate Mar2010 14:39 Dec 20, 2010 Jkt 220217 PO 00000 Frm 00096 Fmt 8010 Sfmt 8010 Y:SGML220217.XXX 220217jdjones on DSKHWCL6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-87 Nat
14、l Highway Traffic Safety Admin., DOT 525.6 525.2 Purpose. The purpose of this part is to provide content and format requirements for low volume manufacturers of passenger automobiles which desire to petition the Administrator for exemption from applicable average fuel economy stand-ards and for esta
15、blishment of appro-priate alternative average fuel econ-omy standards and to give interested persons an opportunity to present data, views and arguments on those peti-tions. 525.3 Applicability. This part applies to passenger auto-mobile manufacturers. 525.4 Definitions. (a) Statutory terms. (1) The
16、 terms fuel, manufacture, manufacturer, and model year, are used as defined in section 501 of the Act. (2) The terms average fuel economy, fuel economy, and model type are used as defined in 40 CFR 600.00277. (3) The term automobile means a vehi-cle determined by the Administrator under 49 CFR part
17、523 to be an auto-mobile. (4) The term passenger automobile means an automobile determined by the Administrator under 49 CFR part 523 to be a passenger automobile. (5) The term customs territory of the United States is used as defined in 19 U.S.C. 1202. (b) Other terms. (1) The term base level and v
18、ehicle configuration are used as de-fined in 40 CFR 600.00277. (2) The term vehicle curb weight is used as defined in 40 CFR 85.002. (3) The term interior volume index is used as defined in 40 CFR 600.31577. (4) The term frontal area is used as defined in 40 CFR 86.12979. (5) The term basic engine i
19、s used as defined in 40 CFR 600.00277(a)(21). (6) The term designated seating posi-tion is defined in 49 CFR 571.3. (7) As used in this part, unless other-wise required by the context: Act means the Motor Vehicle Infor-mation and Cost Savings Act (Pub. L. 92513), as amended by the Energy Pol-icy and
20、 Conservation Act (Pub. L. 94 163); Administrator means the Adminis-trator of the National Highway Traffic Safety Administration; Affected model year means a model year for which an exemption and alter-native average fuel economy standard are requested under this part; Production mix means the numbe
21、r of passenger automobiles, and their per-centage of the petitioners annual total production of passenger automobiles, in each vehicle configuration which a petitioner plans to manufacture in a model year; and Total drive ratio means the ratio of an automobiles engine rotational speed (in revolution
22、s per minute) to the auto-mobiles forward speed (in miles per hour). (Sec. 301, Pub. L. 94163, 89 Stat. 871 (15 U.S.C. 2002); delegation of authority at 41 FR 25015, June 22, 1976; sec. 9, Pub. L. 89670, 80 Stat. 981 (49 U.S.C. 1657) 42 FR 38376, July 28, 1977, as amended at 44 FR 55579, Sept. 27, 1
23、979 525.5 Limitation on eligibility. Any manufacturer that manufactures (whether or not in the customs terri-tory of the United States) 10,000 or more passenger automobiles in the sec-ond model year preceding an affected model year or in the affected model year is ineligible for an exemption for tha
24、t affected model year. 525.6 Requirements for petition. Each petition filed under this part must (a) Identify the model year or years for which exemption is requested; (b) Be submitted not later than 24 months before the beginning of the af-fected model year, unless good cause for later submission i
25、s shown; (c) Be submitted in three copies to: Administrator, National Highway Traf-fic Safety Administration, Washington, DC 20590; (d) Be written in the English lan-guage; (e) State the full name, address, and title of the official responsible for pre-paring the petition, and the name and address o
26、f the manufacturer; (f) Set forth in full data, views and arguments of the petitioner supporting the exemption and alternative average fuel economy standard requested by VerDate Mar2010 14:39 Dec 20, 2010 Jkt 220217 PO 00000 Frm 00097 Fmt 8010 Sfmt 8010 Y:SGML220217.XXX 220217jdjones on DSKHWCL6B1PR
27、OD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-88 49 CFR Ch. V (10110 Edition) 525.7 the petitioner, including the informa-tion and data specified by 525.7 and the calculations and analyses used to develop that information and data. No do
28、cuments may be incorporated by ref-erence in a petition unless the docu-ments are submitted with the petition; (g) Specify and segregate any part of the information and data submitted under this part that the petitioner wishes to have withheld from public disclosure in accordance with part 512 of th
29、is chapter. (Sec. 301, Pub. L. 94163, 89 Stat. 871 (15 U.S.C. 2002); delegation of authority at 41 FR 25015, June 22, 1976; sec. 9, Pub. L. 89670, 80 Stat. 981 (49 U.S.C. 1657) 42 FR 38376, July 28, 1977, as amended at 44 FR 55579, Sept. 27, 1979; 46 FR 2063, Jan. 8, 1981 525.7 Basis for petition. (
30、a) The petitioner shall include the information specified in paragraphs (b) through (h) in its petition. (b) Whether the petitioner controls, is controlled by, or is under common control with another manufacturer of passenger automobiles, and if so, the nature of that control relationship, and the t
31、otal number of passenger auto-mobiles manufactured by such other manufacturer or manufacturers. (c) The total number of passenger automobiles manufactured or likely to be manufactured (whether or not in the customs territory of the United States) by the petitioner in the second model year immediatel
32、y preceding each af-fected model year. (d) For each affected model year, the petitioners projections of the most fuel efficient production mix of vehicle configurations and base levels of its passenger automobiles which the peti-tioner could sell in that model year, and a discussion demonstrating th
33、at these projections are reasonable. The discussion shall include information showing that the projections are con-sistent with (1) The petitioners annual total pro-duction and production mix of pas-senger automobiles manufactured or likely to be manufactured in each of the four model years immediat
34、ely pre-ceding that affected model year; (2) Its passenger automobile produc-tion capacity for that affected model year; (3) Its efforts to comply with that av-erage fuel economy standard; and (4) Anticipated consumer demand in the United States for passenger auto-mobiles during that affected model
35、year. (e) For each affected model year, a description of the following features of each vehicle configuration of the peti-tioners passenger automobiles to be manufactured in that affected model year; (1) Maximum overall body width, overall length, and overall height, de-termined in accordance with M
36、otor Ve-hicle Dimensions SAE J1100a (report of Human Engineering Committee, ap-proved September 1973, as revised Sep-tember 1975); (2) Vehicle curb weight; (3) Number of designated seating po-sitions and interior volume index; (4) Basic engine, displacement, and SAE rated net power, kilowatts; (5) F
37、uel metering system, including the number of carburetor barrels, if ap-plicable; (6) Drive train configuration and total drive ratio; (7) Emission control system; (8) Dynamometer road load setting, determined in accordance with 40 CFR part 86, and the method used to deter-mine that setting, includin
38、g informa-tion indicating whether the road load setting was adjusted to account for the presence of air conditioning and wheth-er the setting was based on the use of radial ply tires; and (9) Use of synthetic lubricants, low viscosity lubricants, or lubricants with additives that affect friction cha
39、racter-istics in the crankcase, differential, and transmission of the vehicles tested under the requirements of 40 CFR parts 86 and 600. With respect to automobiles which will use these lubricants, indi-cate which one will be used and explain why that type was chosen. With respect to automobiles whi
40、ch will not use these lubricants, explain the reasons for not so doing. (f) For each affected model year, a fuel economy value for each vehicle configuration specified in 40 CFR 600.506(a)(2), base level, and model type VerDate Mar2010 14:39 Dec 20, 2010 Jkt 220217 PO 00000 Frm 00098 Fmt 8010 Sfmt 8
41、010 Y:SGML220217.XXX 220217jdjones on DSKHWCL6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-89 Natl Highway Traffic Safety Admin., DOT 525.8 of the petitioners passenger auto-mobiles to be manufactured in that af-fected model year ca
42、lculated in accord-ance with subpart C of 40 CFR part 600 and based on tests or analyses com-parable to those prescribed or per-mitted under 40 CFR part 600 and a de-scription of the test procedures or ana-lytical methods. (g) For each affected model year, an average fuel economy figure for the pe-t
43、itioners passenger automobiles to be manufactured in that affected model year calculated in accordance with 40 CFR 600.510(e) and based upon the fuel economy values provided under para-graph (f) of this section and upon the petitioners production mix projected under paragraph (d) of this section for
44、 the affected model year. (h) Information demonstrating that the average fuel economy figure pro-vided for each affected model year under paragraph (g) of this section is the maximum feasible average fuel economy achievable by the petitioner for that model year, including (1) For each affected model
45、 year and each of the two model years imme-diately following the first affected model year, a description of the tech-nological means selected by the peti-tioner for improving the average fuel economy of its automobiles to be man-ufactured in that model year. (2) A chronological description of the p
46、etitioners past and planned efforts to implement the means described under paragraph (h)(1) of this section. (3) A description of the effect of other Federal motor vehicle standards on the fuel economy of the petitioners auto-mobiles. (4) For each affected model year, a discussion of the alternative
47、 and addi-tional means considered but not se-lected by the petitioner that would have enabled its passenger automobiles to achieve a higher average fuel econ-omy than is achievable with the means described under paragraph (h)(1) of this section. This discussion must include an explanation of the rea
48、sons the peti-tioner had for rejecting these addi-tional and alternative means. (5) In the case of a petitioner which plans to increase the average fuel econ-omy of its passenger automobiles to be manufactured in either of the two model years immediately following the first affected model year, an e
49、xpla-nation of the petitioners reasons for not making those increases in that af-fected model year. (Sec. 301, Pub. L. 94163, 89 Stat. 871 (15 U.S.C. 2002); delegation of authority at 41 FR 25015, June 22, 1976; sec. 9, Pub. L. 89670, 80 Stat. 981 (49 U.S.C. 1657) 42 FR 38376, July 28, 1977, as amended at 44 FR 55579, Sept. 27, 1979; 58 FR 18029, Apr. 7, 1993 525.8 Processing of petitions. (a) If a petition is found not to
