Federal Register / Vol. 62, No. 64 / Thursday, April 3, 1997 / Rules and Regulations 15859

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety

Administration

49 CFR Part 533

[Docket No. 97–15; Notice 1]

RIN 2127–AG64

Light Truck Average Fuel Economy

Standard, Model Year 1999

AGENCY: National Highway Traffic

Safety Administration (NHTSA).

ACTION: Final rule.

SUMMARY: This final rule establishes the

average fuel economy standard for light

trucks manufactured in model year

(MY) 1999. The issuance of the standard

is required by statute. Pursuant to

section 323 of the fiscal year (FY) 1997

DOT Appropriations Act, the light truck

standard for MY 1999 is 20.7 mpg.

DATES: The amendment is effective May

5, 1997. The standard applies to the

1999 model year. Petitions for

reconsideration must be submitted

within 45 days of publication.

ADDRESSES: Petitions for reconsideration

should be submitted to: Administrator,

National Highway Traffic Safety

Administration, 400 Seventh Street,

S.W., Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Mr.

Otto G. Matheke, III, Office of Chief

Counsel, National Highway Traffic

Safety Administration, 400 Seventh

Street SW, Washington, DC 20590 (202–

366–5263).

SUPPLEMENTARY INFORMATION:

I. Background

In December 1975, during the

aftermath of the energy crisis created by

the oil embargo of 1973–74, Congress

enacted the Energy Policy and

Conservation Act. The Act established

an automotive fuel economy regulatory

program by adding Title V, ‘‘Improving

Automotive Efficiency,’’ to the Motor

Vehicle Information and Cost Saving

Act. Title V has been amended and

recodified without substantive change

as Chapter 329 of Title 49 of the United

States Code. Chapter 329 provides for

the issuance of average fuel economy

standards for passenger automobiles and

automobiles that are not passenger

automobiles (light trucks).

Section 32902(a) of Chapter 329 states

that the Secretary of Transportation

shall prescribe by regulation corporate

average fuel economy (CAFE) standards

for light trucks for each model year.

That section also states that ‘‘[e]ach

standard shall be the maximum feasible

average fuel economy level that the

Secretary decides the manufacturers can

achieve in that model year.’’ (The

Secretary has delegated the authority to

implement the automotive fuel economy

program to the Administrator of

NHTSA. 49 CFR 1.50(f).) Section

32902(f) provides that in determining

the maximum feasible average fuel

economy level, NHTSA shall consider

four criteria: 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. Pursuant to this authority, the

agency has set light truck CAFE

standards through MY 1998. See 49 CFR

533.5(a). The standard for MY 1998 is

20.7 mpg.

NHTSA began the process of

establishing light truck CAFE standards

for model years after MY 1997 by

publishing an Advance Notice of

Proposed Rulemaking (ANPRM) in the

Federal Register. 59 FR 16324 (April 6,

1994). The ANPRM outlined the

agency’s intention to set standards for

some or all of model years 1998 to 2006.

On November 15, 1995, the

Department of Transportation and

Related Agencies Appropriations Act for

Fiscal Year 1996 was enacted. Pub. L.

104–50. Section 330 of that Act

provides:

None of the funds in this Act shall be

available to prepare, propose, or promulgate

any regulations * * * prescribing corporate

average fuel economy standards for

automobiles * * * in any model year that

differs from standards promulgated for such

automobiles prior to enactment of this

section.

NHTSA thereafter issued a final rule

limited to MY 1998, which set the light

truck CAFE standard for that year at

20.7 mpg, the same standard as had

been set for MY 1997. 61 FR 14680

(April 3, 1996).

On September 30, 1996, the

Department of Transportation and

Related Agencies Appropriations Act for

Fiscal Year 1997 was enacted. Pub. L.

104–205. Section 323 of that Act

provides:

None of the funds in this Act shall be

available to prepare, propose, or promulgate

any regulations * * * prescribing corporate

average fuel economy standards for

automobiles * * * in any model year that

differs from standards promulgated for such

automobiles prior to enactment of this

section.

Because light truck CAFE standards

must be set no later than eighteen

months before the beginning of the

model year in question, the deadline for

NHTSA to set the MY 1999 standard is

approximately April 1, 1997, a date

falling within FY 1997. Since the

issuance of a standard requires the

expenditure of funds, the agency’s

ability to promulgate a standard for MY

1999 at a level other than the level

specified for MY 1998 is prohibited by

the terms of section 323 of the FY 1997

Appropriations Act.

The language contained in Section

323 of the FY 1997 Appropriations Act

is identical to that found in Section 330

of the FY 1996 Appropriations Act. The

adoption of identical language in the FY

1997 Act compels the conclusion that

Congress considered the agency’s prior

interpretation of this language to be

correct: the limitation precludes NHTSA

from setting a light truck standard that

differs from one adopted in the previous

year.

Examination of the legislative history

of the FY 1997 Act further supports this

view. The language contained in Section

323 remained unmodified as part of

H.R. 3675, which was eventually

enacted as the FY 1997 Act. Section 323

was reported by the House Committee

on Appropriations as part of H.R. 3675.

The Committee print of the House

Report to accompany H.R. 3675 stated

that the section precluded NHTSA from

prescribing CAFE standards that differ

from those set for the 1998 model year.

As explained above, section 323

precludes NHTSA from preparing,

proposing, or issuing any CAFE

standard that is not identical to those

previously established for MY 1998. In

NHTSA’s view, the express directive

contained in the FY 1997

Appropriations Act precludes the

agency from exercising any discretion in

setting CAFE standards for the 1999

model year. The agency has not issued

a Notice of Proposed Rulemaking

(NPRM) and has therefore not offered an

opportunity for notice and comment

prior to issuance of the MY 1999 light

truck standard. As NHTSA cannot

expend any funds to set the 1999

standard at any level other than the MY

1998 standard, providing an

opportunity for notice and comment

would be superfluous. Accordingly,

NHTSA is setting the MY 1999 light

truck CAFE standard at the MY 1998

level of 20.7 mpg.

II. Impact Analyses

A. Economic Impacts

All past fuel economy rules have had

economic impacts in excess of $100

million per year. Although the agency

has no discretion under the statute (as

well as with respect to the costs it

imposes), NHTSA is treating this rule as

‘‘economically significant’’ under

Executive Order 12866 and ‘‘major’’

under 5 U.S.C. 801.
15860 Federal Register / Vol. 62, No. 64 / Thursday, April 3, 1997 / Rules and Regulations

B. Environmental Impacts

NHTSA has not conducted an

evaluation of the impacts of this action

under the National Environmental

Policy Act. There is no requirement for

such an evaluation where Congress has

eliminated the agency’s discretion by

precluding any action other than the

one announced in this notice.

C. Impacts on Small Entities

NHTSA has not conducted an

evaluation of this action pursuant to the

Regulatory Flexibility Act. As Congress

has eliminated the agency’s discretion

by precluding any action other than the

one taken in this notice, such an

evaluation is unnecessary. Past

evaluations indicate, however, that few,

if any, light truck manufacturers would

have been classified as a ‘‘small

business’’ under the Regulatory

Flexibility Act.

D. Impact of Federalism

This action has not been analyzed in

accordance with the principles and

criteria contained in Executive Order

12612. The preparation of a Federalism

Assessment is not required where

Congress has precluded any action other

than the one published in this notice.

As a historical matter, prior light truck

standards have not had sufficient

Federalism implications to warrant the

preparation of a Federalism Assessment.

E. Department of Energy Review

In accordance with section 49 U.S.C.

§ 32902(j), NHTSA submitted this final

rule to the Department of Energy for

review. That Department made no

unaccommodated comments.

III. Conclusion

Based on the foregoing, the agency is

establishing a combined average fuel

economy standard for non-passenger

automobiles (light trucks) for MY 1999

at 20.7 mpg.

List of Subjects in 49 CFR Part 533

Energy conservation, Motor vehicles.

PART 533—[AMENDED]

In consideration of the foregoing, 49

CFR part 533 is amended as follows:

1. The authority citation for part 533

continues to read as follows:

Authority: 49 U.S.C. 32902; delegation of

authority at 49 CFR 1.50.

2. § 533.5(a) is amended by revising

Table IV to read as follows:

§ 533.5 Requirements.

* * * * *

TABLE IV

Model year Standard

1996 .............................................. 20.7

1997 .............................................. 20.7

1998 .............................................. 20.7

1999 .............................................. 20.7

Issued on: March 31, 1997.

Philip R. Recht,

Deputy Administrator.

[FR Doc. 97–8519 Filed 3–31–97; 1:44 pm]

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