[Code of Federal Regulations]
[Title 49, Volume 6]
[Revised as of October 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR534.5]

[Page 103]
 
                        TITLE 49--TRANSPORTATION
 
                   CHAPTER V--NATIONAL HIGHWAY TRAFFIC
                    SAFETY ADMINISTRATION, DEPARTMENT
                            OF TRANSPORTATION
 
PART 534_RIGHTS AND RESPONSIBILITIES OF MANUFACTURERS IN THE CONTEXT OF CHANGES IN CORPORATE RELATIONSHIPS--Table of Contents
 
Sec.  534.5  Manufacturers within control relationships.

    (a) If a civil penalty arises out of a fuel economy shortfall 
incurred by a group of manufacturers within a control relationship, each 
manufacturer within that group is jointly and severally liable for the 
civil penalty.
    (b) A manufacturer is considered to be within a control relationship 
for an entire model year if and only if it is within that relationship 
on September 30 of the calendar year in which the model year ends.
    (c) Credits of a manufacturer within a control relationship may be 
used by the group of manufacturers within the control relationship to 
offset shortfalls, subject to the agreement of the other manufacturers, 
the availability of the credits, and the general three-year restriction 
on carrying credits forward or backward.
    (d) If a manufacturer within a group of manufacturers is sold or 
otherwise spun off so that it is no longer within that control 
relationship, the manufacturer may use credits that were earned by the 
group of manufacturers within the control relationship while the 
manufacturer was within that relationship, subject to the agreement of 
the other manufacturers, the availability of the credits and the general 
restriction on carrying credits forward or backward.
    (e) Agreements among manufacturers in a control relationship related 
to the allocation of credits or liabilities addressed by this section 
shall be filed with the agency within 60 days of the end of each model 
year in the same form as specified in section 534.6. The manufacturers 
may seek confidential treatment for information provided in the 
certified report in accordance with 49 CFR Part 512.