DOT 49 CFR PART 526-2010 PETITIONS AND PLANS FOR RELIEF UNDER THE AUTOMOBILE FUEL EFFICIENCY ACT OF 1980.pdf

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1、90 49 CFR Ch. V (10110 Edition) 525.9 available information. The final deci-sion sets forth the grant of the exemp-tion and establishes an alternative av-erage fuel economy standard or the de-nial of the petition, and the reasons for the decision. (Sec. 301, Pub. L. 94163, 89 Stat. 871 (15 U.S.C. 20

2、02); 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 525.9 Duration of exemption. An exemption may be granted under this part for not more than three model years. 525.10

3、 Renewal of exemption. A manufacturer exempted under this part may request renewal of its exemp-tion by submitting a petition meeting the requirements of 525.6 and 525.7. 525.11 Termination of exemption; amendment of alternative average fuel economy standard. (a) Any exemption granted under this par

4、t for an affected model year does not apply to a manufacturer that is in-eligible under 525.5 for an exemption in that model year. (b) The administrator may initiate rulemaking either on his own motion or on petition by an interested person to terminate an exemption granted under this part or to ame

5、nd an alter-native average fuel economy standard established under this part. (c) Any interested persons may peti-tion the Administrator to terminate an exemption granted under this part or to amend an alternative average fuel economy standard established under this part. 525.12 Public inspection of

6、 informa-tion. (a) Except as provided in paragraph (b), any person may inspect available information relevant to a petition under this part, including the petition and any supporting data, memoranda of informal meetings with the peti-tioner or any other interested persons, and the notices regarding

7、the petition, in the Docket Section of the National Highway Traffic Safety Administra-tion. Any person may obtain copies of the information available for inspec-tion under this paragraph in accord-ance with part 7 of the regulations of the Office of the Secretary of Transpor-tation (49 CFR part 7).

8、(b) Except for the release of confiden-tial information authorized by section 505 of the Act and part 512 of this chap-ter, information made available for public inspection does not include in-formation for which confidentiality is requested under 525.6(g) and is granted in accordance with part 512

9、and sec-tions 502 and 505 of the Act and section 552(b) of title 5 of the U.S.C. 46 FR 2063, Jan. 8, 1981 PART 526PETITIONS AND PLANS FOR RELIEF UNDER THE AUTO-MOBILE FUEL EFFICIENCY ACT OF 1980 Sec. 526.1 General provisions. 526.2 U.S. production by foreign manufac-turer. 526.3 Transfer of vehicle

10、from non-domestic to domestic fleet. 526.4 Reserved 526.5 Earning offsetting monetary credits in future model years. AUTHORITY: 15 U.S.C. 2002 and 2003; delega-tion of authority at 49 CFR 1.50. SOURCE: 47 FR 7248, Feb. 18, 1982, unless otherwise noted. 526.1 General provisions. (a) Applicability. Th

11、ese regulations apply to petitions and plans submitted under the Automobile Fuel Efficiency Act of 1980, Pub. L. 96425, as codified in Title V of the Motor Vehicle Infor-mation and Cost Savings Act, 15 U.S.C. 2001 et seq. (b) Address. Each petition and plan submitted under the applicable provi-sions

12、 of sections 502 and 503 of the Motor Vehicle Information and Cost Savings Act must be addressed to the Administrator, National Highway Traf-fic Safety Administration, 400 Seventh Street, SW., Washington DC 20590. (c) Authority and scope of relief. Each petition or plan must specify the spe-cific pr

13、ovision of the Motor Vehicle In-formation and Cost Savings Act under which relief is being sought. The peti-tion or plan must also specify the VerDate Mar2010 14:39 Dec 20, 2010 Jkt 220217 PO 00000 Frm 00100 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-,-,-91 Natl Highway Traffic Safety Admin., DOT 526.5 model years for which relief is being sought. 47 FR 7248, Feb. 18, 1982, as amended at 59 FR 25576, May 17, 1994 526.2 U.S. production by foreign manufacturer. Each peti

15、tion filed under section 503(b)(3) of the Motor Vehicle Informa-tion and Cost Savings Act must con-tain the following information: (a) For each model type (as defined by the Environmental Protection Agency in 40 CFR part 600) planned by the petitioner to be sold in the United States (regardless of p

16、lace of manufac-ture), and for each model year begin-ning with the year before the first one for which relief is sought by the peti-tion through the last year covered by the petition, the following information based on the petitioners current prod-uct plan and the assumption that the petition will b

17、e granted: (1) A description of the model type, including car line designation, engine displacement and type, transmission type, and average fuel economy; (2) U.S. sales projected for the model type; (3) The average percentage of the cost to the manufacturer of the model type which is attributable t

18、o value added in the United States or Canada, determined in accordance with 40 CFR 600.51180, and the total manufacturing cost per vehicle; and (4) In the case of model types not of-fered for sale in the United States be-fore the first year for which relief is sought in the petition or other model t

19、ypes for which expansions in produc-tion capacity are planned during the years covered by the petition, informa-tion (including any marketing surveys) indicating from where the additional sales will be captured. If sales are pro-jected to be captured from U.S. manu-facturers, the petition must provi

20、de an estimate of the employment impact on those manufacturers of the lost sales and the gain in employment for the pe-titioner and its U.S. suppliers. (b) The total number of persons em-ployed in the United States by the pe-titioner, excluding non-motor vehicle industry related employees, for each

21、model year covered by the petition and for the model year immediately prior to those years. (c) A description of how the peti-tioners responses to paragraphs (a) and (b) of this section would differ if the petition were denied. 47 FR 7248, Feb. 18, 1982, as amended at 59 FR 25576, May 17, 1994 526.3

22、 Transfer of vehicle from non- domestic to domestic fleet. Each plan submitted under section 503(b)(4) of the Motor Vehicle Informa-tion and Cost Savings Act must con-tain the following information: (a) For each model year for which re-lief is sought in the plan and for each model type of automobile

23、 sought to be included by the submitter in its domes-tic fleet under the plan (i.e., those with at least 50 percent but less than 75 per-cent U.S. or Canadian value added), provide the following information: (1) A description of the model type, including engine type and displace-ment, transmission c

24、lass, car line des-ignation, and fuel economy; (2) The projected U.S. sales of the model type; (3) The average total manufacturing cost per vehicle for the model type; (4) The percentage of the cost to the manufacturer attributable to value added in the United States or Canada for the model type: (b

25、) For each year covered by the plan, a list of individual product ac-tions (e.g., change from imported en-gine to domestically manufactured en-gine) which will increase the domestic content of the affected vehicles. For each action, provide the model year in which the action will take effect, a de-s

26、cription of the nature of the action, and the percentage change in domestic content resulting from the action. 47 FR 7248, Feb. 18, 1982, as amended at 59 FR 25576, May 17, 1994 526.4 Reserved 526.5 Earning offsetting monetary credits in future model years. Each plan submitted under section 502(l) o

27、f the Motor Vehicle Information and Cost Savings Act must contain the following information: (a) Projected average fuel economy and production levels for the class of VerDate Mar2010 14:39 Dec 20, 2010 Jkt 220217 PO 00000 Frm 00101 Fmt 8010 Sfmt 8010 Y:SGML220217.XXX 220217jdjones on DSKHWCL6B1PROD

28、with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-92 49 CFR Ch. V (10110 Edition) Pt. 529 automobiles which may fail to comply with a fuel economy standard and for any other classes of automobiles from which credits may be transferred, for the

29、current model year and for each model year thereafter ending with the last year covered by the plan. (b) A list and full description of each planned product action (e.g., new model, mix change) which will affect the average fuel economy of the class of automobiles subject to the credit earning plan,

30、 for each model year be-ginning with the current model year and ending with the last year covered by the credit earning plan. (c) The portion of the petitioners fleet affected by each product action (e.g., all K-cars with 6-cylinder en-gines) and the number of affected vehi-cles. (d) The fuel econom

31、y effect of each product action specified under para-graph (b) of this section per affected vehicle. 47 FR 7248, Feb. 18, 1982, as amended at 59 FR 25576, May 17, 1994 PART 529MANUFACTURERS OF MULTISTAGE AUTOMOBILES Sec. 529.1 Scope and purpose. 529.2 Applicability. 529.3 Definitions. 529.4 Requirem

32、ents for incomplete auto-mobile manufacturers. 529.5 Requirements for intermediate manu-facturers. 529.6 Requirements for final-stage manufac-turers. AUTHORITY: Sec. 301, Pub. L. 94163, 80 Stat. 901 (15 U.S.C. 2001); delegation of authority at 41 FR 25015, June 22, 1976. SOURCE: 42 FR 38372, July 28

33、, 1977, unless otherwise noted. 529.1 Scope and purpose. This part determines, in cases where more than one person is the manufac-turer of an automobile, which person is to be treated as the manufacturer for purposes of compliance with Title V of the Motor Vehicle Information and Cost Savings Act, a

34、s amended (15 U.S.C. 2001 et seq.) and rules issued thereunder. 529.2 Applicability. This part applies to incomplete auto-mobile manufacturers, intermediate manufacturers, and final-stage manu-facturers of automobiles that are man-ufactured in two or more stages. 529.3 Definitions. (a) Statutory ter

35、ms. (1) The term auto-mobile is used as defined in section 501 of the Act and in accordance with the determinations in 49 CFR part 523. (2) The terms manufacture, manufac-turer, and fuel economy are used as de-fined in section 501 of the Act. (b) Other terms. (1) Act means the Motor Vehicle Informat

36、ion and Cost Savings Act (Pub. L. 92513), as amend-ed by the Energy Policy and Conserva-tion Act (Pub. L. 94163). (2) Completed automobile means an automobile that requires no further manufacturing operations to perform its intended function, other than the addition of readily attachable compo-nents

37、, such as mirrors or tire and rim assemblies, or minor finishing oper-ations such as painting. (3) Curb weight is defined the same as vehicle curb weight in 40 CFR part 86. (4) Final-stage manufacturer means a person who performs such manufac-turing operations on an incomplete automobile that it bec

38、omes a com-pleted automobile. (5) Frontal area is used as defined in 40 CFR 86.0792. (6) Incomplete automobile means an as-semblage consisting, as a minimum, of frame and chassis structure, power train, steering system, suspension sys-tem, and braking system to the extent that those systems are to b

39、e part of the completed automobile, that requires further manufacturing operations, other than the addition of readily at-tachable components, such as mirrors or tire and rim assemblies, or minor finishing operations such as painting, to become a completed automobile. (7) Incomplete automobile manuf

40、acturer means a person who manufactures an incomplete automobile by assembling components none of which, taken sepa-rately, constitute a complete auto-mobile. (8) Intermediate manufacturer means a person, other than the incomplete automobile manufacturer or the final- VerDate Mar2010 14:39 Dec 20, 2010 Jkt 220217 PO 00000 Frm 00102 Fmt 8010 Sfmt 8010 Y:SGML220217.XXX 220217jdjones on DSKHWCL6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-