[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: 49CFR538.7]

[Page 107-108]
 
                        TITLE 49--TRANSPORTATION
 
                            OF TRANSPORTATION
 
PART 538--MANUFACTURING INCENTIVES FOR ALTERNATIVE FUEL VEHICLES--Table of Contents
 
Sec. 538.7  Petitions for reduction of minimum driving range.

    (a) A manufacturer of a model type of passenger automobile capable 
of operating on both electricity and either gasoline or diesel fuel may 
petition for a reduced minimum driving range for that model type in 
accordance with paragraphs (b) and (c) of this section.
    (b) Each petition shall:
    (1) Be addressed to: Administrator, National Highway Traffic Safety 
Administration, 400 Seventh Street SW, Washington, DC 20590.
    (2) Be submitted not later than the beginning of the first model 
year in which the petitioner seeks to have the model type treated as an 
electric dual fueled automobile.
    (3) Be written in the English language.
    (4) State the full name, address, and title of the official 
responsible for preparing the petition, and the name and address of the 
petitioner.
    (5) Set forth in full data, views, and arguments of the petitioner, 
including the information and data specified in paragraph (c) of this 
section, and the calculations and analyses used to develop that 
information and data. No documents may be incorporated by reference in a 
petition unless the documents are submitted with the petition.
    (6) Specify and segregate any part of the information and data 
submitted under this section that the petitioner wishes to have withheld 
from public

[[Page 108]]

disclosure in accordance with part 512 of this chapter.
    (c) Each petitioner shall include the following information in its 
petition:
    (1) Identification of the model type or types for which a lower 
driving range is sought under this section.
    (2) For each model type identified in accordance with paragraph 
(c)(1) of this section:
    (i) The driving range sought for that model type.
    (ii) The number of years for which that driving range is sought.
    (iii) A description of the model type, including car line 
designation, engine displacement and type, electric storage capacity, 
transmission type, and average fuel economy when operating on:
    (A) Electricity; and
    (B) Gasoline or diesel fuel.
    (iv) An explanation of why the petitioner cannot modify the model 
type so as to meet the generally applicable minimum range, including the 
steps taken by the petitioner to improve the minimum range of the 
vehicle, as well as additional steps that are technologically feasible, 
but have not been taken. The costs to the petitioner of taking these 
additional steps shall be included.
    (3) A discussion of why granting the petition would be consistent 
with the following factors:
    (i) The purposes of 49 U.S.C. chapter 329, including encouraging the 
development and widespread use of electricity as a transportation fuel 
by consumers, and the production of passenger automobiles capable of 
being operated on both electricity and gasoline/diesel fuel;
    (ii) Consumer acceptability;
    (iii) Economic practicability;
    (iv) Technology;
    (v) Environmental impact;
    (vi) Safety;
    (vii) Driveability; and
    (viii) Performance.
    (d) If a petition is found not to contain the information required 
by this section, the petitioner is informed about the areas of 
insufficiency and advised that the petition will not receive further 
consideration until the required information is received.
    (e) The Administrator may request the petitioner to provide 
information in addition to that required by this section.
    (f) The Administrator publishes in the Federal Register a notice of 
receipt for each petition containing the information required by this 
section. Any interested person may submit written comments regarding the 
petition.
    (g) In reaching a determination on a petition submitted under this 
section, the Administrator takes into account:
    (1) The purposes of 49 U.S.C. chapter 329, including encouraging the 
development and widespread use of alternative fuels as transportation 
fuels by consumers, and the production of alternative fuel powered motor 
vehicles;
    (2) Consumer acceptability;
    (3) Economic practicability;
    (4) Technology;
    (5) Environmental impact;
    (6) Safety;
    (7) Driveability; and
    (8) Performance.
    (h) If the Administrator grants the petition, the petitioner is 
notified in writing, specifying the reduced minimum driving range, and 
specifying the model years for which the reduced driving range applies. 
The Administrator also publishes a notice of the grant of the petition 
in the Federal Register and the reasons for the grant.
    (i) If the Administrator denies the petition, the petitioner is 
notified in writing. The Administrator also publishes a notice of the 
denial of the petition in the Federal Register and the reasons for the 
denial.

[63 FR 66069, Dec. 1, 1998]