[Federal Register Volume 73, Number 61 (Friday, March 28, 2008)]
[Proposed Rules]
[Pages 16615-16617]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-6227]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
49 CFR Parts 531 and 533
[Docket No. NHTSA-2008-0060]
Notice of Intent to Prepare an Environmental Impact Statement for
New Corporate Average Fuel Economy Standards
AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Notice of intent; request for scoping comments.
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SUMMARY: Pursuant to the National Environmental Policy Act (NEPA),
NHTSA plans to prepare an Environmental Impact Statement (EIS) to
address the potential environmental impacts of the agency's Corporate
Average Fuel Economy program for passenger automobiles (referred to
herein as ``passenger cars'') and non-passenger automobiles (referred
to herein as ``light trucks''). The EIS will consider the potential
environmental impacts of new fuel economy standards for model year
2011-2015 passenger cars and light trucks that NHTSA will be proposing
pursuant to the Energy Independence and Security Act of 2007.
To this end, this notice initiates the NEPA scoping process to
identify the environmental issues and reasonable alternatives to be
examined in the EIS, and requests comments regarding those and other
matters related to the scope of NHTSA'S NEPA analysis for the new
standards. NHTSA will provide further guidance for the public about the
scoping process in a separate notice that will be published when the
proposal itself is published.
DATES: The scoping process will culminate in the preparation and
issuance of a Draft EIS, which will be made available for public
comment. Interested persons are requested to submit their scoping
comments as soon as possible after the issuance of the proposal in
order to ensure their consideration and facilitate the agency's prompt
preparation of the Draft EIS.
ADDRESSES: You may submit comments to the docket number identified in
the heading of this document by any of the following methods:
Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting
comments.
Mail: Docket Management Facility, M-30, U.S. Department of
Transportation, West Building, Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
Hand Delivery or Courier: U.S. Department of
Transportation, West Building, Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m. Eastern
time, Monday through Friday, except Federal holidays.
Fax: 202-493-2251.
Regardless of how you submit your comments, you should mention the
docket number of this document.
You may call the Docket at 202-366-9324.
Note that all comments received, including any personal information
provided, will be posted without change to http://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: For technical issues, contact Carol
Hammel-Smith, Fuel Economy Division, Office of International Vehicle,
Fuel Economy and Consumer Standards, National Highway Traffic Safety
Administration, 1200 New Jersey Avenue, SE., Washington, DC 20590.
Telephone: 202-366-5206.
For legal issues, contact Kerry E. Rodgers, Vehicle Safety
Standards & Harmonization Division, Office of the Chief Counsel,
National Highway Traffic Safety Administration, 1200 New Jersey Avenue,
SE., Washington, DC 20590. Telephone: 202-366-5552.
SUPPLEMENTARY INFORMATION: NHTSA is preparing a notice of proposed
rulemaking (NPRM) to propose Corporate Average Fuel Economy (CAFE)
standards for model year (MY) 2011-2015 passenger cars and light trucks
pursuant to the amendments made by the Energy Independence and Security
Act of 2007, Public Law 110-140, 121 Stat. 1492 (December 19, 2007)
[[Page 16616]]
(EISA), to the Energy Policy and Conservation Act (EPCA).\1\ 49
U.S.C.A. 32901 et seq. NHTSA intends to prepare an Environmental Impact
Statement (EIS) to address the potential environmental impacts of the
proposed standards in the context of NHTSA's CAFE program.
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\1\ On February 20, 2008, NHTSA submitted a draft NPRM proposing
those standards to the Office of Management and Budget for review
pursuant to Executive Order 12,866, ``Regulatory Planning and
Review'' (58 FR 51735, October 4, 1993), as amended.
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This notice of intent initiates the scoping process for the EIS
under the National Environmental Policy Act (NEPA), 42 U.S.C. 4321-
4347, and implementing regulations issued by the Council on
Environmental Quality (CEQ), 40 CFR Pt. 1500, and NHTSA, 49 CFR Pt.
520. See 40 CFR 1501.7, 1508.22; 49 CFR 520.21(g). Specifically, this
notice of intent requests public input on the scope of NHTSA's NEPA
analysis relating to the CAFE standards for MY 2011-2015 automobiles.
As a related part of the NEPA scoping process, NHTSA intends to
describe proposed standards to meet EPCA's requirements and the
possible alternatives NHTSA plans to consider for purposes of its NEPA
analysis in its NPRM and in a separate scoping notice that will provide
further guidance for the public about the scoping process. See 40 CFR
1508.22.
EPCA sets forth extensive requirements concerning the rulemaking to
establish MY 2011-2015 CAFE standards. It requires the Secretary of
Transportation \2\ to establish CAFE standards at least 18 months
before each model year and to set them at ``the maximum feasible
average fuel economy level that the Secretary decides the manufacturers
can achieve in that model year.'' 49 U.S.C.A. 32902(a). In making
decisions about ``maximum feasible'' levels of fuel economy, the
Secretary is required to ``consider technological feasibility, economic
practicability, the effect of other motor vehicle standards of the
Government on fuel economy, and the need of the United States to
conserve energy.'' 49 U.S.C. 32902(a), 32902(f). In past rulemakings,
NHTSA has construed these statutory factors as including environmental
and safety considerations.\3\ NHTSA also considers environmental
impacts under NEPA when setting CAFE standards.
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\2\ NHTSA is delegated responsibility for implementing the EPCA
fuel economy requirements assigned to the Secretary of
Transportation. 49 CFR 1.50, 501.2(a)(8).
\3\ There is case law with respect to the consideration of
safety. See, e.g., Competitive Enterprise Inst. v. NUTSA, 956 F.2d
321, 322 (D.C. Cir. 1992) (citing Competitive Enterprise Inst. v.
NIHTSA, 901 F.2d 107, 120 n.11 (D.C. Cir. 1990)): see also Center
for Biological Diversity v. NHTSA, 508 F.3d 508, 547 (9th Cir.
2007).
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EPCA further directs the Secretary, after consultation with the
Secretary of Energy and the Administrator of the Environmental
Protection Agency, to establish separate average fuel economy standards
for passenger cars and for light trucks manufactured in each model year
beginning with model year 2011 ``to achieve a combined fuel economy
average for model year 2020 of at least 35 miles per gallon for the
total fleet of passenger and non-passenger automobiles manufactured for
sale in the United States for that model year.'' 49 U.S.C.A.
32902(b)(1), 32902(b)(2)(A). In doing so, the Secretary of
Transportation is required to ``prescribe annual fuel economy standard
increases that increase the applicable average fuel economy standard
ratably beginning with model year 2011 and ending with model year
2020.'' 49 U.S.C.A. 32902(b)(2)(C). The standards for passenger cars
and light trucks must be ``based on 1 or more vehicle attributes
related to fuel economy,'' 49 U.S.C.A. 32902(b)(3)(A). In any single
rulemaking, standards may be established for not more than five model
years. 49 U.S.C.A. 32902(b)(3)(B). EPCA also specifies a minimum
standard for domestically manufactured passenger cars. 49 U.S.C.A.
32902(b)(4).
In preparing an EIS for the new MY 2011-2015 CAFE standards, NHTSA
intends to consider issues raised in litigation concerning a 2006 final
rule, ``Average Fuel Economy Standards for Light Trucks, Model Years
2008-2011,'' 71 FR 17,566, April 6, 2006 (2006 Rule). NHTSA prepared a
final EA for the 2006 Rule after publishing a draft EA for public
comment and considering the comments received. Based on the final EA,
NHTSA determined that the 2006 Rule would not have a significant effect
on the quality of the human environment and that the agency therefore
was not required to prepare an EIS. See 71 FR at 17,671; 42 U.S.C.
4332(2)(C).\4\
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\4\ Before preparing an EIS, an agency may prepare a more
concise environmental assessment (EA) to present ``sufficient
evidence and analysis for determining whether to prepare an [EIS] or
a finding of no significant impact'' and to ``[f]acilitate
preparation of [an EIS] when one is necessary.'' 40 CFR
1508.9(a)(1), (3). NHTSA's final EA and Finding of No Significant
Impact (FONSI) are available in the docket for the 2006 Rule. See
Docket No. NHTSA-2006-24309-0006 (Final Environmental Assessment:
NHTSA Corporate Average Fuel Economy (CAFE) Standards, March 29,
2006): Docket No. NHTSA 2006-24309-0003[1] (Finding of No
Significant Environmental Impact for Model Year 2008-2011 Light
Truck Fuel Economy Standards, March 28, 2006).
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In a challenge to the 2006 Rule, petitioners argued in the U.S.
Court of Appeals for the Ninth Circuit that NHTSA's EA did not comply
with NEPA and that NEPA requires the agency to prepare an EIS. See
Center for Biological Diversity v. NHTSA, 508 F.3d 508, 514, 545-58
(9th Cir. 2007).\5\ The Court held, among other things, that NHTSA did
not prepare an adequate EA under NEPA. 508 F.3d at 548-558. The Court's
remedy was to order the agency to prepare an EIS. 508 F.3d 558. The
Government is presently seeking rehearing in the Ninth Circuit on the
appropriateness of that remedy.
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\5\ The Petitioners also challenged the 2006 Rule under EPCA.
See Center for Biological Diversity v. NHTSA, 508 F.3d at 527-45.
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In any event, NHTSA must now propose CAFE standards for MY 2011 and
beyond, pursuant to the recent amendments to EPCA, to begin increasing
CAFE levels so that the combined fleet of all passenger cars and light
trucks in MY 2020 will achieve at least 35 mpg. NHTSA, therefore, now
needs to engage in a new analysis, including taking a fresh look at
potential environmental impacts under NEPA, and assessing whether or
not those impacts are ``significant'' within the meaning of NEPA law.
See 40 CFR 1508.27.
NHTSA is beginning the EIS process for that rule, which includes
light truck standards for one model year previously covered by the 2006
Rule (MY 2011). We are doing so now because a standard for MY 2011 must
be issued by the end of March 2009 and achieving an industry-wide
combined fleet average of at least 35 miles per gallon for MY 2020
depends, in substantial part, upon setting standards well in advance so
as to provide the automobile manufacturers with as much lead time as
possible to make the extensive necessary changes to their automobiles.
The scoping process initiated by this notice seeks to determine
``the range of actions, alternatives, and impacts to be considered'' in
the EIS and to identify the most important issues for analysis
involving the potential environmental impacts of NHTSA's CAFE
standards. See 40 CFR 1501.7, 1508.25. NHTSA invites stakeholders to
participate in the scoping process by submitting written comments to
the docket number identified in the heading of this notice using any of
the methods described in the ADDRESSES section of this notice. NHTSA
believes that the EPCA provisions described above regarding the levels
of the standards to be established and NHTSA's implementation of the
CAFE program to
[[Page 16617]]
date provide sufficient information to begin the scoping process. This
assessment is supported by the public comments submitted on the 2005
NPRM that led to the 2006 Rule (70 FR 51414, August 30, 2005).
As noted above, NHTSA plans to publish a separate scoping notice in
the Federal Register to provide further information and guidance to
facilitate public participation in the scoping process. Based on
comments received during scoping, NHTSA expects to prepare a draft EIS
for public comment and a final EIS to support a final rule later this
year.
Issued: March 21, 2008.
Ronald Medford,
Senior Associate Administrator for Vehicle Safety.
[FR Doc. E8-6227 Filed 3-27-08; 8:45 am]
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