[Code of Federal Regulations] [Title 49, Volume 5] [Revised as of October 1, 2002] From the U.S. Government Printing Office via GPO Access [CITE: 49CFR537.8] [Page 104-105] TITLE 49--TRANSPORTATION OF TRANSPORTATION PART 537--AUTOMOTIVE FUEL ECONOMY REPORTS--Table of Contents Sec. 537.8 Supplementary reports. (a)(1) Except as provided in paragraph (d) of this section, each manufacturer whose most recently submitted semiannual report contained an average fuel economy projection under Sec. 537.7(b)(2) or, if no average fuel economy was projected under that section, under Sec. 537.7(b)(1), that was not less than the applicable average fuel economy standard and who now projects an average fuel economy which is less than the applicable standard shall file a supplementary report containing the information specified in paragraph (b)(1) of this section. (2) Except as provided in paragraph (d) of this section, each manufacturer that determines that its average fuel economy for the current model year as projected under Sec. 537.7(b)(2) or, if no average fuel economy was projected under that section, as projected under Sec. 537.7(b)(1), is less representative than the manufacturer previously reported it to be under Sec. 537.7(b)(3), this section, or both, shall file a supplementary report containing the information specified in paragraph (b)(2) of this section. (3) Each manufacturer whose pre-model year report omits any of the information specified in Sec. 537.7 (b), (c) (1) and (2), or (c)(4) (xvi) and (xxiv) shall file supplementary report containing the information specified in paragraph (b)(3) of this section. (b)(1) The supplementary report required by paragraph (a)(1) of this section must contain: (i) Such revisions of and additions to the information previously submitted by the manufacturer under this part regarding the automobiles whose projected average fuel economy has decreased as specified in paragraph (a)(1) of this section as are necessary-- (A) To reflect the decrease and its cause; (B) To indicate a new projected average fuel economy based upon these additional measures. (ii) An explanation of the cause of the decrease in average fuel economy that led to the manufacturer's having to submit the supplementary report required by paragraph (a)(1) of this section. (2) The supplementary report required by paragraph (a)(2) of this section must contain: (i) A statement of the specific nature of and reason for the insufficiency in the representativeness of the projected average fuel economy; (ii) A statement of specific additional testing or derivation of fuel economy values by analytical methods believed by the manufacturer necessary to eliminate the insufficiency; and [[Page 105]] (iii) A description of any plans of the manufacturer to undertake that testing or derivation voluntarily and submit the resulting data to the Environmental Protection Agency under 40 CFR 600.509. (3) The supplementary report required by paragraph (a)(3) of this section must contain: (i) All of the information omitted from the pre-model year report under Sec. 537.6(c)(2); and (ii) Such revisions of and additions to the information submitted by the manufacturer in its pre-model year report regarding the automobiles produced during the current model year as are necessary to reflect the information provided under paragraph (b)(3)(i) of this section. (c)(1) Each report required by paragraph (a) (1) or (2) of this section must be submitted in accordance with Sec. 537.5(c) not more than 45 days after the date on which the manufacturer determined, or could have, with reasonable diligence, determined that a report is required under paragraph (a) (1) or (2) of this section. (2) Each report required by paragraph (a)(3) of this section must be submitted in accordance with Sec. 537.5(c) not later than five days after the day by which the manufacturer is required to submit a preliminary calculation of its average fuel economy for the current model year to the Environmental Protection Agency under 40 CFR 600.506. (d) A supplementary report is not required to be submitted by the manufacturer under paragraph (a) (1) or (2) of this section: (1) With respect to information submitted under this part before the most recent semiannual report submitted by the manufacturer under this part, or (2) When the date specified in paragraph (c) of this section occurs: (i) During the 60-day period immediately preceding the day by which the mid-model year report for the current model year must be submitted by the manufacturer under this part, or (ii) After the day by which the pre-model year report for the model year immediately following the current model year must be submitted by the manufacturer under this part.