1、121 Natl Highway Traffic Safety Admin., DOT 537.1 comparing the actual CAFE value against either the required standard value or the minimum standard value, whichever is larger. (c) Transferred or traded credits may not be used, pursuant to 49 U.S.C. 32903(g)(4) and (f)(2), to meet the do-mestically
2、manufactured passenger automobile minimum standard speci-fied in 49 U.S.C. 32902(b)(4). (d) If a manufacturers average fuel economy level for domestically manu-factured passenger automobiles is lower than the attribute-based stand-ard, but higher than the minimum standard, then the manufacturer may
3、achieve compliance with the attribute- based standard by applying credits. (e) If a manufacturers average fuel economy level for domestically manu-factured passenger automobiles is lower than the minimum standard, then the difference between the min-imum standard and the manufacturers actual fuel ec
4、onomy level may only be relieved by the use of credits earned by that manufacturer within the domestic passenger car compliance category which have not been transferred or traded. If the manufacturer does not have available earned credits to offset a credit shortage below the minimum standard then t
5、he manufacturer can submit a carry-back plan that indi-cates sufficient future credits will be earned in its domestic passenger car compliance category or will be subject to penalties. 536.10 Treatment of dual-fuel and al-ternative fuel vehiclesconsistency with 49 CFR part 538. (a) Statutory alterna
6、tive fuel and dual-fuel vehicle fuel economy calcula-tions are treated as a change in the un-derlying fuel economy of the vehicle for purposes of this regulation, not as a credit that may be transferred or trad-ed. Improvements in alternative fuel or dual fuel vehicle fuel economy as cal-culated pur
7、suant to 49 U.S.C. 32905 and limited by 49 U.S.C. 32906 are therefore attributable only to the particular compliance category and model year to which the alternative or dual-fuel vehi-cle belongs. (b) If a manufacturers calculated fuel economy for a particular compli-ance category, including any req
8、uired calculations for alternative fuel and dual fuel vehicles, is higher or lower than the applicable fuel economy standard, manufacturers will earn credits or must apply credits or pay fines equal to the difference between the calculated fuel economy level in that compliance category and the ap-pl
9、icable standard. Credits earned are the same as any other credits, and may be held, transferred, or traded by the manufacturer subject to the limita-tions of the statute and this regula-tion. (c) If a manufacturer builds enough alternative fuel or dual fuel vehicles to improve the calculated fuel ec
10、onomy in a particular compliance category by more than the limits set forth in 49 U.S.C. 32906(a), the improvement in fuel economy for compliance purposes is restricted to the statutory limit. Manufacturers may not earn credits nor reduce the application of credits or fines for calculated improvemen
11、ts in fuel economy based on alternative or dual fuel vehicles beyond the statutory limit. PART 537AUTOMOTIVE FUEL ECONOMY REPORTS Sec. 537.1 Scope. 537.2 Purpose. 537.3 Applicability. 537.4 Definitions. 537.5 General requirements for reports. 537.6 General content of reports. 537.7 Pre-model year an
12、d mid-model year reports. 537.8 Supplementary reports. 537.9 Determination of fuel economy values and average fuel economy. 537.10 Incorporation by reference. 537.11 Public inspection of information. 537.12 Confidential information. AUTHORITY: 49 U.S.C. 32907, delegation of authority at 49 CFR 1.50.
13、 SOURCE: 47 FR 34986, Aug. 12, 1982, unless otherwise noted. 537.1 Scope. This part establishes requirements for automobile manufacturers to sub-mit reports to the National Highway Traffic Safety Administration regard-ing their efforts to improve automotive fuel economy. VerDate Mar2010 14:39 Dec 20
14、, 2010 Jkt 220217 PO 00000 Frm 00131 Fmt 8010 Sfmt 8010 Y:SGML220217.XXX 220217jdjones on DSKHWCL6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-122 49 CFR Ch. V (10110 Edition) 537.2 537.2 Purpose. The purpose of this part is to obta
15、in information to aid the National High-way Traffic Safety Administration in valuating automobile manufacturers plans for complying with average fuel economy standards and in preparing an annual review of the average fuel econ-omy standards. 537.3 Applicability. This part applies to automobile man-u
16、facturers, except for manufacturers subject to an alternate fuel economy standard under section 502(c) of the Act. 537.4 Definitions. (a) Statutory terms. (1) The terms aver-age fuel economy standard, fuel, manu-facture, and model year are used as de-fined in section 501 of the Act. (2) The term man
17、ufacturer is used as defined in section 501 of the Act and in accordance with part 529 of this chap-ter. (3) The terms average fuel economy, fuel economy, and model type are used as defined in subpart A of 40 CFR part 600. (4) The terms automobile, automobile capable of off-highway operation, and pa
18、ssenger automobile are used as defined in section 501 of the Act and in accord-ance with the determinations in part 523 of this chapter. (b) Other terms. (1) The term loaded vehicle weight is used as defined in sub-part A of 40 CFR part 86. (2) The terms axle ratio, base level, body style, car line,
19、 combined fuel econ-omy, engine code, equivalent test weight, gross vehicle weight, inertia weight, transmission class, and vehicle configura-tion are used as defined in subpart A of 40 CFR part 600. (3) The term light truck is used as de-fined in part 523 of this chapter and in accordance with dete
20、rminations in that part. (4) The terms approach angle, axle clearance, brakeover angle, cargo car-rying volume, departure angle, passenger carrying volume, running clearance, and temporary living quarters are used as de-fined in part 523 of this chapter. (5) The term incomplete automobile manufactur
21、er is used as defined in part 529 of this chapter. (6) As used in this part, unless other-wise required by the context: (i) Act means the Motor Vehicle In-formation and Cost Savings Act (Pub. L. 92513), as amended by the Energy Policy and Conservation Act (Pub. L. 94163). (ii) Administrator means th
22、e Adminis-trator of the National Highway Traffic Safety Administration or the Adminis-trators delegate. (iii) Current model year means: (A) In the case of a pre-model year report, the full model year imme-diately following the period during which that report is required by 537.5(b) to be submitted.
23、(B) In the case of a mid-model year report, the model year during which that report is required by 537.5(b) to be submitted. (iv) Average means a production- weighted harmonic average. (v) Total drive ratio means the ratio of an automobiles engine rotational speed (in revolutions per minute) to the
24、automobiles forward speed (in miles per hour). 537.5 General requirements for re-ports. (a) For each current model year, each manufacturer shall submit a pre-model year report, a mid-model year report, and, as required by 537.8, supple-mentary reports. (b)(1) The pre-model year report re-quired by t
25、his part for each current model year must be submitted during the month of December (e.g., the pre- model year report for the 1983 model year must be submitted during Decem-ber, 1982). (2) The mid-model year report re-quired by this part for each current model year must be submitted during the month
26、 of July (e.g., the mid-model year report for the 1983 model year must be submitted during July 1983). (3) Each supplementary report must be submitted in accordance with 537.8(c). (c) Each report required by this part must: (1) Identify the report as a pre-model year report, mid-model year report, o
27、r supplementary report as appropriate; (2) Identify the manufacturer submit-ting the report; VerDate Mar2010 14:39 Dec 20, 2010 Jkt 220217 PO 00000 Frm 00132 Fmt 8010 Sfmt 8010 Y:SGML220217.XXX 220217jdjones on DSKHWCL6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitt
28、ed without license from IHS-,-,-123 Natl Highway Traffic Safety Admin., DOT 537.7 (3) State the full name, title, and ad-dress of the official responsible for pre-paring the report; (4) Be submitted in 5 copies to: Ad-ministrator, National Highway Traffic Safety Administration, 1200 New Jer-sey Aven
29、ue, SE., Washington, DC 20590, or submitted electronically to the fol-lowing secure e-mail address: cafedot.gov. Electronic submissions should be provided in a pdf format. (5) Identify the current model year; (6) Be written in the English lan-guage; and (7)(i) Specify any part of the informa-tion or
30、 data in the report that the manufacturer believes should be with-held from public disclosure as trade se-cret or other confidential business in-formation. (ii) With respect to each item of in-formation or data requested by the manufacturer to be withheld under 5 U.S.C. 552(b)(4) and 15 U.S.C. 2005(
31、d)(1), the manufacturer shall: (A) Show that the item is within the scope of sections 552(b)(4) and 2005(d)(1); (B) Show that disclosure of the item would result in significant competitive damage; (C) Specify the period during which the item must be withheld to avoid that damage; and (D) Show that e
32、arlier disclosure would result in that damage. (d) Each report required by this part must be based upon all information and data available to the manufacturer 30 days before the report is submitted to the Administrator. 47 FR 34986, Aug. 12, 1982, as amended at 75 FR 25728, May 7, 2010 537.6 General
33、 content of reports. (a) Pre-model year and mid-model year reports. Except as provided in para-graph (c) of this section, each pre- model year report and the mid-model year report for each model year must contain the information required by 537.7(a). (b) Supplementary report. Each supple-mentary rep
34、ort must contain the infor-mation required by 537.8(b) (1), (2), or (3), as appropriate. (c) Exceptions. The pre-model year re-port and the mid-model year report submitted by an incomplete auto-mobile manufacturer for any model year are not required to contain the in-formation specified in 537.7 (c)
35、(4) (xv) through (xviii) and (c)(5). The informa-tion provided by the incomplete auto-mobile manufacturer under 537.7(c) shall be according to base level instead of model type or carline. 47 FR 34986, Aug. 12, 1982, as amended at 75 FR 25728, May 7, 2010 537.7 Pre-model year and mid-model year repor
36、ts. (a)(1) Provide the information re-quired by paragraphs (b) and (c) of this section for the manufacturers pas-senger automobiles for the current model year. (2) After providing the information required by paragraph (a)(1) of this sec-tion provide the information required by paragraphs (b) and (c)
37、 for this sec-tion of each class, as specified in part 533 of this chapter, of the manufactur-ers light trucks for the current model year. (b) Projected average and required fuel economy. (1) State the projected aver-age fuel economy for the manufactur-ers automobiles determined in accord-ance with
38、537.9 and based upon the fuel economy values and projected sales figures provided under paragraph (c)(2) of this section. (2) State the projected final average fuel economy that the manufacturer anticipates having if changes imple-mented during the model year will cause that average to be different
39、from the average fuel economy projected under paragraph (b)(1) of this section. (3) State the projected required fuel economy for the manufacturers pas-senger automobiles and light trucks determined in accordance with 49 CFR 531.5(c) and 49 CFR 533.5(h) and based upon the projected sales figures pro
40、-vided under paragraph (c)(2) of this sec-tion. (4) State the projected final required fuel economy that the manufacturer anticipates having if changes imple-mented during the model year will cause the targets to be different from the target fuel economy projected under paragraph (b)(3) of this sect
41、ion. (5) State whether the manufacturer believes that the projections it pro-vides under paragraphs (b)(2) and (b)(4) of this section, or if it does not provide VerDate Mar2010 14:39 Dec 20, 2010 Jkt 220217 PO 00000 Frm 00133 Fmt 8010 Sfmt 8010 Y:SGML220217.XXX 220217jdjones on DSKHWCL6B1PROD with C
42、FRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-124 49 CFR Ch. V (10110 Edition) 537.7 an average or target under those para-graphs, the projections it provides under paragraphs (b)(1) and (b)(3) of this section, sufficiently represent the manufact
43、urers average and target fuel economy for the current model year for purposes of the Act. In the case of a manufacturer that believes that the projections are not sufficiently rep-resentative for those purposes, state the specific nature of any reason for the insufficiency and the specific addi-tion
44、al testing or derivation of fuel economy values by analytical methods believed by the manufacturer nec-essary to eliminate the insufficiency and any plans of the manufacturer to undertake that testing or derivation voluntarily and submit the resulting data to the Environmental Protection Agency unde
45、r 40 CFR 600.509. (c) Model type and configuration fuel economy and technical information. (1) For each model type of the manufac-turers automobiles, provide the infor-mation specified in paragraph (c)(2) of this section in tabular form. List the model types in order of increasing av-erage inertia w
46、eight from top to bot-tom down the left side of the table and list the information categories in the order specified in paragraph (c)(2) of this section from left to right across the top of the table. (2)(i) Combined fuel economy; and (ii) Projected sales for the current model year and total sales o
47、f all model types. (3) (Pre-model year report only.) For each vehicle configuration whose fuel economy was used to calculate the fuel economy values for a model type under paragraph (c)(2) of this section, provide the information specified in paragraph (c)(4) of this section either in tabular form o
48、r as a fixed format computer tape. If a tabular form is used then list the vehicle configurations, by model type in the order listed under para-graph (c)(2) of this section, from top to bottom down the left of the table and list the information categories across the top of the table from left to rig
49、ht in the order specified in paragraph (c)(4) of this section. Other formats (such as copies of EPA reports) which contain all the required information in a readily identifiable form are also ac-ceptable. If a computer tape is used, any NHTSA approved fixed format structure may be used, but each vehi-cle configuration record should iden-tify the manufacturer, model type, and for light trucks the drive wheel code, e.g., 2 or 4 wheel drive. At
