Corporate Average Fuel Economy Standards; Credits, 95553-95554 [2016-31140]
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Federal Register / Vol. 81, No. 249 / Wednesday, December 28, 2016 / Proposed Rules
• the ability of health care facilities to
provide services in medically
underserved areas or to medically
underserved populations.
In addition, we will also consider
other factors, including, for example,
the existence (or nonexistence) of any
potential financial benefit to health care
professionals or providers that may take
into account their decisions whether to
(1) order a health care item or service or
(2) arrange for a referral of health care
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B. Criteria for Developing Special Fraud
Alerts
In determining whether to issue
additional Special Fraud Alerts, we will
consider whether, and to what extent,
the practices that would be identified in
a new Special Fraud Alert may result in
any of the consequences set forth above,
as well as the volume and frequency of
the conduct that would be identified in
the Special Fraud Alert.
Dated: December 21, 2016.
Daniel R. Levinson,
Inspector General.
[FR Doc. 2016–31170 Filed 12–27–16; 8:45 am]
BILLING CODE 4152–01–P
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
49 CFR Parts 531, 533 and 536
[Docket No. NHTSA–2016–0135]
Corporate Average Fuel Economy
Standards; Credits
National Highway Traffic
Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Grant of petition for rulemaking.
AGENCY:
This notice partially grants a
petition for rulemaking submitted by the
Alliance of Automobile Manufacturers
and the Association of Global
Automakers (hereinafter collectively
referred to as ‘‘Petitioners’’) on June 20,
2016, to consider amending various
aspects of the light vehicle Corporate
Average Fuel Economy (CAFE)
regulations. The Petitioners requested
that NHTSA issue a direct final rule to
implement the requested changes, but
NHTSA believes that the issues and
questions raised by the Petitioners are
worthy of notice and comment. NHTSA
will address the changes requested in
the Petition in the course of the
rulemaking proceeding, in accordance
with statutory criteria.
sradovich on DSK3GMQ082PROD with PROPOSALS
SUMMARY:
VerDate Sep<11>2014
18:33 Dec 27, 2016
Jkt 241001
DATES:
December 21, 2016.
For
technical issues, you may call Mr. James
Tamm in the Fuel Economy Division of
the Office of Rulemaking at (202) 493–
0515. For legal issues, you may call Ms.
Rebecca Yoon in the Office of Chief
Counsel at (202) 366–2992. You may
send mail to these officials at: National
Highway Traffic Safety Administration,
1200 New Jersey Avenue SE.,
Washington, DC 20590.
SUPPLEMENTARY INFORMATION: On June
20, 2016, the Petitioners submitted a
Petition to the National Highway Traffic
Safety Administration (NHTSA) and the
Environmental Protection Agency (EPA)
requesting that the agencies issue a
direct final rule to amend various
aspects of the Corporate Average Fuel
Economy (CAFE) and light-duty
greenhouse gas (GHG) regulations. The
Petitioners stated that these
amendments are necessary to ‘‘address
various inconsistencies between’’
NHTSA’s CAFE program and EPA’s
GHG emissions program, and to
‘‘address additional inefficiencies’’ in
the programs.
Specifically, Petitioners requested
that NHTSA (and EPA) 1 modify the
CAFE regulations as follows:
(1) Include ‘‘off-cycle’’ credits in the
calculation of manufacturers’ fleet fuel
economy levels for model years 2010
through 2016;
(2) Include air conditioning efficiency
credits in the calculation of
manufacturers’ fleet fuel economy levels
for model years 2010 through 2016;
(3) Apply the ‘‘fuel savings
adjustment factor’’ for all uses of CAFE
credits;
(4) Apply the same estimate of
Vehicle Miles Traveled for model years
2011 through 2016 that that the EPA
GHG program uses;
(5) Change the definition of ‘‘credit
transfer’’ in 49 CFR part 536 to state that
the statutory cap on credit transfers
applies at time of transfer rather than at
time of use;
(6) Amend regulations to clarify that
manufacturers may manage and apply
their credits regardless of their origin;
(7) Amend 49 CFR 531(d) so that
minimum domestic passenger car
standards represent 92 percent of the
overall passenger car CAFE standard for
the fleet as a whole calculated at the end
of each model year, rather than 92
percent of the overall standard as
calculated at the time that the standards
are/were originally issued;
FOR FURTHER INFORMATION CONTACT:
1 This decision addresses only those portions of
the Petition that are within NHTSA’s jurisdiction
and responsibility. It does not address aspects of the
Petition that are exclusively under EPA’s
jurisdiction.
PO 00000
Frm 00058
Fmt 4702
Sfmt 4702
95553
(8) Adjust the ‘‘multiplier’’ for full
electric vehicles, plug-in hybrid electric
vehicles, fuel cell vehicles, and
compressed natural gas vehicles; and
(9) ‘‘Improve’’ the off-cycle credit
approval process and reaffirm several
provisions.
Some aspects of the Petition were
directed to NHTSA, some to both
NHTSA and EPA, and other requests
were directed exclusively to EPA. The
sixth item, seeking clarification that
manufacturers may manage and apply
their credits regardless of their origin,
requests a change in an EPA regulation
(40 CFR 86.1865(k)(5)) that does not
appear applicable or relevant to the
CAFE program. Calculation procedures
for CAFE compliance are located at 40
CFR 600.510–12. Credits for CAFE overcompliance are determined based on the
difference between a manufacturer’s
calculated ‘‘achieved’’ CAFE value and
the manufacturer’s calculated
‘‘required’’ CAFE value. NHTSA
believes that this request was not
intended to be directed at the CAFE
program, but NHTSA would welcome
Petitioners’ clarification if this is
incorrect.
Similarly, the eighth item, which
addresses the ‘‘multiplier’’ for
alternative fuel vehicles, applies
exclusively to EPA’s GHG program.
NHTSA does not speak for EPA in this
decision, and will not address this item
in the upcoming rulemaking.
The remaining items will be
addressed in conjunction with the
Agency’s upcoming proposal for setting
future CAFE standards. NHTSA believes
that these issues are best considered
concurrently with that rulemaking for
both procedural and substantive
reasons. Procedurally, reducing the
number of rulemaking actions increases
administrative efficiency and improves
the ability to evaluate cumulative
program impacts comprehensively.
Substantively, while Petitioners’
requests nominally focus on credit and
flexibility issues, NHTSA believes that
the underlying questions of whether and
how to expand compliance flexibilities
is closely related to the question of what
CAFE standards are maximum feasible
in future model years, which NHTSA
will determine in the upcoming
rulemaking as required by statute. The
Petitioners appear to agree with this, as
the Petition suggests that if a lack of
compliance flexibilities leads
manufacturers to pay civil penalties for
CAFE non-compliance, the CAFE
standards may be beyond maximum
feasible levels. While NHTSA does not
agree that the fact that any manufacturer
would face civil penalties alone would
suggest that CAFE standards would be
E:\FR\FM\28DEP1.SGM
28DEP1
95554
Federal Register / Vol. 81, No. 249 / Wednesday, December 28, 2016 / Proposed Rules
sradovich on DSK3GMQ082PROD with PROPOSALS
beyond maximum feasible, the Agency
does agree that manufacturers’ ability to
comply with standards is a vital
consideration in any CAFE rulemaking.
Thus, NHTSA finds that considering
these questions concurrently, as part of
the same action, will best allow the
Agency to maintain a well-structured
program that maximizes fuel economy
gains in the most cost-effective way
possible. NHTSA further concludes that
a direct final rule would not be an
appropriate mechanism for responding
to Petitioners’ requests, because: (i) The
opportunity for notice and public
comment on the Agency’s response is
important and valuable, particularly
given (ii) the linkage between
compliance flexibilities and the
maximum feasible levels of CAFE
standards. Moreover, NHTSA
regulations do not allow for a direct
final rule to be issued as such if the rule
may be controversial or is likely to
result in adverse comment. NHTSA is
aware that various stakeholders have
strong views for and against the
expansion of compliance flexibilities in
the CAFE program, and the Agency
would expect those stakeholders to
comment to a direct final rule
VerDate Sep<11>2014
18:33 Dec 27, 2016
Jkt 241001
accordingly, which would require the
Agency per its own regulations to
initiate notice and comment. See 49
CFR 553.14. Thus, NHTSA denies the
petition to the extent that it seeks a
direct final rule.
NHTSA’s fuel economy standards are
final through 2021 and the upcoming
rulemaking is required in order to set
standards for 2022 and subsequent
years. However, in streamlining
consideration of the Petitioners’ inquiry
with the required NPRM, NHTSA will
fully evaluate the items relevant to the
CAFE program and standards, including
their impacts on the program if applied
prior to 2022. If in considering the
Petitioner’s inquiry, NHTSA finds it
appropriate to initiate a separate
rulemaking, NHTSA may do so. NHTSA
is updating its analysis for the NPRM
and welcomes input from all
stakeholders, including in advance of
developing its notice of proposed
rulemaking. NHTSA encourages
stakeholders to submit comments and to
meet with the Agency to discuss their
comments, concerns, and suggestions.
NHTSA and EPA remain committed to
working together to harmonize the
CAFE and GHG program provisions to
PO 00000
Frm 00059
Fmt 4702
Sfmt 9990
the extent possible under the agencies’
statutes.
Considering all of the information
before the Agency, including but not
limited to the information referenced in
the petition, NHTSA grants the petition
in part and denies it in part. The Agency
expects to initiate a rulemaking
proceeding in the coming months that
will address those of the Petitioners’
requests that are within the Agency’s
jurisdiction and power to address. The
granting of the petition does not mean
that the Agency will issue a final rule.
The determination of whether to issue a
rule will be made after study of the
requested actions and the various
alternatives in the course of the
rulemaking proceeding, in accordance
with statutory criteria.
Authority: 49 U.S.C. 32901, 32902, and
32903; delegation of authority at 49 CFR 1.95.
Issued on December 21, 2016, in
Washington, DC, under authority delegated
in 49 CFR 1.95, 501.5, and 501.7.
Raymond R. Posten,
Associate Administrator for Rulemaking.
[FR Doc. 2016–31140 Filed 12–27–16; 8:45 am]
BILLING CODE 4910–59–P
E:\FR\FM\28DEP1.SGM
28DEP1
Agencies
[Federal Register Volume 81, Number 249 (Wednesday, December 28, 2016)]
[Proposed Rules]
[Pages 95553-95554]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-31140]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
49 CFR Parts 531, 533 and 536
[Docket No. NHTSA-2016-0135]
Corporate Average Fuel Economy Standards; Credits
AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Grant of petition for rulemaking.
-----------------------------------------------------------------------
SUMMARY: This notice partially grants a petition for rulemaking
submitted by the Alliance of Automobile Manufacturers and the
Association of Global Automakers (hereinafter collectively referred to
as ``Petitioners'') on June 20, 2016, to consider amending various
aspects of the light vehicle Corporate Average Fuel Economy (CAFE)
regulations. The Petitioners requested that NHTSA issue a direct final
rule to implement the requested changes, but NHTSA believes that the
issues and questions raised by the Petitioners are worthy of notice and
comment. NHTSA will address the changes requested in the Petition in
the course of the rulemaking proceeding, in accordance with statutory
criteria.
DATES: December 21, 2016.
FOR FURTHER INFORMATION CONTACT: For technical issues, you may call Mr.
James Tamm in the Fuel Economy Division of the Office of Rulemaking at
(202) 493-0515. For legal issues, you may call Ms. Rebecca Yoon in the
Office of Chief Counsel at (202) 366-2992. You may send mail to these
officials at: National Highway Traffic Safety Administration, 1200 New
Jersey Avenue SE., Washington, DC 20590.
SUPPLEMENTARY INFORMATION: On June 20, 2016, the Petitioners submitted
a Petition to the National Highway Traffic Safety Administration
(NHTSA) and the Environmental Protection Agency (EPA) requesting that
the agencies issue a direct final rule to amend various aspects of the
Corporate Average Fuel Economy (CAFE) and light-duty greenhouse gas
(GHG) regulations. The Petitioners stated that these amendments are
necessary to ``address various inconsistencies between'' NHTSA's CAFE
program and EPA's GHG emissions program, and to ``address additional
inefficiencies'' in the programs.
Specifically, Petitioners requested that NHTSA (and EPA) \1\ modify
the CAFE regulations as follows:
---------------------------------------------------------------------------
\1\ This decision addresses only those portions of the Petition
that are within NHTSA's jurisdiction and responsibility. It does not
address aspects of the Petition that are exclusively under EPA's
jurisdiction.
---------------------------------------------------------------------------
(1) Include ``off-cycle'' credits in the calculation of
manufacturers' fleet fuel economy levels for model years 2010 through
2016;
(2) Include air conditioning efficiency credits in the calculation
of manufacturers' fleet fuel economy levels for model years 2010
through 2016;
(3) Apply the ``fuel savings adjustment factor'' for all uses of
CAFE credits;
(4) Apply the same estimate of Vehicle Miles Traveled for model
years 2011 through 2016 that that the EPA GHG program uses;
(5) Change the definition of ``credit transfer'' in 49 CFR part 536
to state that the statutory cap on credit transfers applies at time of
transfer rather than at time of use;
(6) Amend regulations to clarify that manufacturers may manage and
apply their credits regardless of their origin;
(7) Amend 49 CFR 531(d) so that minimum domestic passenger car
standards represent 92 percent of the overall passenger car CAFE
standard for the fleet as a whole calculated at the end of each model
year, rather than 92 percent of the overall standard as calculated at
the time that the standards are/were originally issued;
(8) Adjust the ``multiplier'' for full electric vehicles, plug-in
hybrid electric vehicles, fuel cell vehicles, and compressed natural
gas vehicles; and
(9) ``Improve'' the off-cycle credit approval process and reaffirm
several provisions.
Some aspects of the Petition were directed to NHTSA, some to both
NHTSA and EPA, and other requests were directed exclusively to EPA. The
sixth item, seeking clarification that manufacturers may manage and
apply their credits regardless of their origin, requests a change in an
EPA regulation (40 CFR 86.1865(k)(5)) that does not appear applicable
or relevant to the CAFE program. Calculation procedures for CAFE
compliance are located at 40 CFR 600.510-12. Credits for CAFE over-
compliance are determined based on the difference between a
manufacturer's calculated ``achieved'' CAFE value and the
manufacturer's calculated ``required'' CAFE value. NHTSA believes that
this request was not intended to be directed at the CAFE program, but
NHTSA would welcome Petitioners' clarification if this is incorrect.
Similarly, the eighth item, which addresses the ``multiplier'' for
alternative fuel vehicles, applies exclusively to EPA's GHG program.
NHTSA does not speak for EPA in this decision, and will not address
this item in the upcoming rulemaking.
The remaining items will be addressed in conjunction with the
Agency's upcoming proposal for setting future CAFE standards. NHTSA
believes that these issues are best considered concurrently with that
rulemaking for both procedural and substantive reasons. Procedurally,
reducing the number of rulemaking actions increases administrative
efficiency and improves the ability to evaluate cumulative program
impacts comprehensively. Substantively, while Petitioners' requests
nominally focus on credit and flexibility issues, NHTSA believes that
the underlying questions of whether and how to expand compliance
flexibilities is closely related to the question of what CAFE standards
are maximum feasible in future model years, which NHTSA will determine
in the upcoming rulemaking as required by statute. The Petitioners
appear to agree with this, as the Petition suggests that if a lack of
compliance flexibilities leads manufacturers to pay civil penalties for
CAFE non-compliance, the CAFE standards may be beyond maximum feasible
levels. While NHTSA does not agree that the fact that any manufacturer
would face civil penalties alone would suggest that CAFE standards
would be
[[Page 95554]]
beyond maximum feasible, the Agency does agree that manufacturers'
ability to comply with standards is a vital consideration in any CAFE
rulemaking.
Thus, NHTSA finds that considering these questions concurrently, as
part of the same action, will best allow the Agency to maintain a well-
structured program that maximizes fuel economy gains in the most cost-
effective way possible. NHTSA further concludes that a direct final
rule would not be an appropriate mechanism for responding to
Petitioners' requests, because: (i) The opportunity for notice and
public comment on the Agency's response is important and valuable,
particularly given (ii) the linkage between compliance flexibilities
and the maximum feasible levels of CAFE standards. Moreover, NHTSA
regulations do not allow for a direct final rule to be issued as such
if the rule may be controversial or is likely to result in adverse
comment. NHTSA is aware that various stakeholders have strong views for
and against the expansion of compliance flexibilities in the CAFE
program, and the Agency would expect those stakeholders to comment to a
direct final rule accordingly, which would require the Agency per its
own regulations to initiate notice and comment. See 49 CFR 553.14.
Thus, NHTSA denies the petition to the extent that it seeks a direct
final rule.
NHTSA's fuel economy standards are final through 2021 and the
upcoming rulemaking is required in order to set standards for 2022 and
subsequent years. However, in streamlining consideration of the
Petitioners' inquiry with the required NPRM, NHTSA will fully evaluate
the items relevant to the CAFE program and standards, including their
impacts on the program if applied prior to 2022. If in considering the
Petitioner's inquiry, NHTSA finds it appropriate to initiate a separate
rulemaking, NHTSA may do so. NHTSA is updating its analysis for the
NPRM and welcomes input from all stakeholders, including in advance of
developing its notice of proposed rulemaking. NHTSA encourages
stakeholders to submit comments and to meet with the Agency to discuss
their comments, concerns, and suggestions. NHTSA and EPA remain
committed to working together to harmonize the CAFE and GHG program
provisions to the extent possible under the agencies' statutes.
Considering all of the information before the Agency, including but
not limited to the information referenced in the petition, NHTSA grants
the petition in part and denies it in part. The Agency expects to
initiate a rulemaking proceeding in the coming months that will address
those of the Petitioners' requests that are within the Agency's
jurisdiction and power to address. The granting of the petition does
not mean that the Agency will issue a final rule. The determination of
whether to issue a rule will be made after study of the requested
actions and the various alternatives in the course of the rulemaking
proceeding, in accordance with statutory criteria.
Authority: 49 U.S.C. 32901, 32902, and 32903; delegation of
authority at 49 CFR 1.95.
Issued on December 21, 2016, in Washington, DC, under authority
delegated in 49 CFR 1.95, 501.5, and 501.7.
Raymond R. Posten,
Associate Administrator for Rulemaking.
[FR Doc. 2016-31140 Filed 12-27-16; 8:45 am]
BILLING CODE 4910-59-P