From: david.kayes@daimler.com

To: Byron Bunker/AA/USEPA/US@EPA, Coralie.Cooper@dot.gov

Cc: brian.burton@daimler.com, donald.keski-hynnila@daimler.com

Date: 04/20/2011 06:13 PM

Subject: Further suggestions re. GHG / FE NPRM: resolve differences in EPA's and NHTSA's reporting dates and report conte

Byron, Coralie:

Yesterday, in preparing for a presentation about the expected certification paperwork and credit reporting 

of the GHG / FE rules, I found many differences in the cert apps and paperwork that the agencies 

propose. First, the reports require that different types of information be submitted to the agencies at 

different times through a paperwork-intensive and burdensome set of reports. Second, the regulations 

use different language to describe these reports, leading to the possibility of different interpretations, in 

turn allowing the reporting requirements to diverge and the burden to increase still further. Such 

differences in reports and regulatory requirements are counter to the Paperwork Reduction Act and EO 

12866. Although I have raised some of these concerns with the agencies already, I do have two 

additional recommendations (below).

Here are the reporting requirements, summarizing and excerpting the NPRM:

PRECERTIFICATION OR CERT APPLICATION

Certification application for EPA, 40 CFR §1037.725

(1) A statement that, to the best of your belief, you will not have a negative balance of emission credits for 

any averaging set when all emission credits are calculated...

(2) Detailed calculations of projected emission credits (positive or negative) based on projected U.S.-

directed production volumes.

Pre-certification report for NHTSA, 49 CFR §535.8

For each regulatory subcategory of vocational trucks and truck tractors identify:

(A) The vehicle-family and subfamily designations selected in accordance with 40 CFR part 1037, subpart 

C;

(B) The fuel consumption standards that would otherwise apply to each vehicle family;

(C) The vehicle family fuel consumption FELs (gallons per 1,000 ton-mile);

(D) The projected final U.S.-directed production volumes for the model year as a total for the subcategory 

and for each vehicle family;

(E) The useful life value for each vehicle family; and

(F) The calculated projected final surplus or shortfall fuel consumption...

For vehicles in each vehicle family belonging to the vocational vehicle regulatory subcategories identify:

(A) The FEL for each family and the fuel consumption performance for each vehicle in the family.

(B) Intended commercial use.

(C) Gross Vehicle Weight Rating.

(D) Rolling resistance coefficient for the tires.

(E) Any aerodynamic features.

(F) Any weight reduction features.

(G) Any drivetrain (i.e., axles, accessories, and transmission) improvements that reduce emissions and 

fuel consumption.
(H) Any idle reduction technologies.

(I) Any hybrid powertrains including hydraulic, electric, and plug-in electric.

(J) The model types and projected final production of all alternate and dedicated fueled vehicles.

For vehicles in each vehicle family belonging to the truck tractor regulatory subcategories identify:

(A) The FEL for each family and the fuel consumption performance for each vehicle in the family.

(B) Aerodynamic drag coefficient (Cd).

(C) Steer tire rolling resistance (kg/metric ton).

(D) Drive tire rolling resistance (kg/metric ton).

(E) Weight reduction (lbs).

(F) Extended idle reduction (g/tonmile).

(G) Vehicle speed limiter.

END OF YEAR REPORTS

End of year report #1 for EPA, 40 CFR §1037.250

Due date: 45 days after the end of the model year

Elements: 

Volumes by vehicle configuration

Transmission by vehicle configuration

Axle ratio by vehicle configuration

Engine by vehicle configuration

Subfamily identifiers (meaning Cd, Crr, idle timer, weight reduction, and speed limiter) by vehicle 

configuration

(So, in reality, this will have to be a vehicle-by-vehicle report of transmission, axle ratio, engine, and all 

subfamily identifiers.)

End of year report #2 for EPA, 40 CFR §1037.730

Due date: 90 days after the end of the model year

Elements: By family (really, by vehicle configuration), report the following.

(1) Vehicle-family and subfamily designations.

(2) The emission standards that would otherwise apply to the vehicle family.

(3) The FEL for each pollutant. If you change the FEL after the start of production, identify the date that 

you started using the new FEL and/or give the vehicle identification number for the first vehicle covered 

by the new FEL. In this case, identify each applicable FEL and calculate the positive or negative emission 

credits as specified in § 1037.225.

(4) The projected and actual U.S.-directed production volumes for the model year. If you changed an FEL 

during the model year, identify the actual production volume associated with each FEL. 

(5) Useful life.

(6) Calculated positive or negative emission credits for the whole vehicle family. Identify any emission 

credits that you traded, as described in paragraph (d)(1) of this section. 

(7) If you have a negative credit balance for the averaging set in the given model year, specify whether 

the vehicle family (or certain subfamilies with the vehicle family) have a credit

Plus credit banking or trading information.

End of year report #3 for EPA ("final report"), 40 CFR §1037.730
Due date: 270 days after the end of the model year

Elements: same as report #2.

End of year report #1 for NHTSA, 49 CFR §535.8

Due date: "within 90 days after the end of the given model year and no later than April 1 of the next 

calendar year." Really this is 90 days after the end of the model year. For example, in the case of MY 

2014, the 90 day date would be early May 2014, far before April 1, 2015. Why NHTSA introduces 

different language for the same result is unclear to me, as it can only make the agencies' due dates 

diverge. NHTSA should adopt EPA's due date language.

Elements: 

End of year reports and final reports sent to EPA plus the following:

(1) Report and provide a description of the various credit flexibility options that were used to comply with 

the standards and, if necessary, include the amount of credits the manufacturer acquired from innovative 

or advanced technologies...

(2) Report the methodology which the manufacturer used to comply with N2O and CH4 emission 

standards.

This report can be waived if EPA notifies NHTSA. Such waiver should be the standard procedure.

End of year report #2 for NHTSA ("final report"), 49 CFR §535.8

Due date: 270 days after the end of the model year or October 1, but again this will be 270 days.

Elements: same as report #1.

Plus there are the exempt vehicle reports...

In other words, the agencies propose two different pre-model year reports and five different end-of-year 

reports submitted at various different times, reporting similar but not identical information. I recommend 

you take into account the conflict between these reporting requirements and the Paperwork Reduction 

Act requirements for agencies to (1) "reduce information collection burdens on the public," (2) certify that 

the reports you require of us are not "unnecessarily duplicative of information otherwise reasonably 

accessible to the agency," and (3) "reduce[ ] to the extent practicable and appropriate the burden on 

persons who shall provide information to or for [each] agency." 44 U.S.C. §3506. Moreover, I 

recommend you take into account (4) the principles of EO 12866 including that each agency "avoid 

regulations that are inconsistent ... or duplicative with its other regulations or those of other Federal 

agencies" and (5) the requirement that each agency assess the cost of parties in complying with 

regulations and explain to the OMB why the agencies' proposed regulation is "preferable to ... potential 

alternatives" such as the one I have identified, a joint reporting program. EO 12866 (reaffirmed in 

January 2011).

Daimler already commented to the agencies that the NPRM's estimate of reporting burden was far short 

of the actual burden, probably by a factor of about 1/10. And we already commented that we think the 

agencies should have the same regulations using, where possible, exactly the same language (for 

example, in the context of the definitions in 40 CFR §1037.801 and 49 CFR §535.4). But I am not sure 

that we have adequately made clear to the agencies that we recommend that the agencies have (firstly) 

one set of reports submitted jointly to the two agencies and (secondly) exactly the same regulatory 

language describing those reports. Unless there is a reason that one agency's regulatory language will 

not suffice for the other, the one's reg should copy the other's reg word-for-word or should merely say (for 
example) "Submit to NHTSA the reports required in 40 CFR §1037.xxx on the same day that those 

reports are due at the EPA." In other words, EPA and NHTSA should do as was done in the Customs 

regulations at 19 CFR §12.73, where DHS simply referred to EPA regulations.

Regards,

Dave

-------------------------

David Kayes

Compliance and Regulatory Affairs --- Environmental Compliance

Daimler Trucks

(503) 745-9162 Office

(503) 265-9838 Mobile

David.Kayes@Daimler.com

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