[Federal Register Volume 74, Number 126 (Thursday, July 2, 2009)]
[Proposed Rules]
[Pages 31812-31817]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-15604]



[[Page 31811]]

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Part III





Department of Transportation





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National Highway Traffic Safety Administration



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49 CFR Chapter V



Consumer Assistance To Recycle and Save Act of 2009; Proposed Rule

Federal Register / Vol. 74, No. 126 / Thursday, July 2, 2009 / 
Proposed Rules

[[Page 31812]]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

49 CFR Chapter V

[Docket No. NHTSA-2009-0109]


Consumer Assistance To Recycle and Save Act of 2009

AGENCY: National Highway Traffic Safety Administration (NHTSA); 
Department of Transportation.

ACTION: Summary of the Consumer Assistance to Recycle and Save Act of 
2009 and notice of upcoming rulemaking proceeding.

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SUMMARY: To inform consumers, dealers, and other interested persons 
about the Consumer Assistance to Recycle and Save Act of 2009 (CARS Act 
or the Act), this agency is publishing a brief summary of the Act's key 
features in question and answer format. The Act establishes a new 
program under which the government will provide $3,500 or $4,500 to 
help consumers purchase or lease a new, more fuel efficient car, van, 
sport utility vehicle or pickup truck from a participating dealer when 
they trade in an old, less fuel efficient vehicle. This notice also 
describes the steps that the agency is taking to enable it to meet its 
twin responsibilities under the Act: establishing an effective program 
for promptly making money available under the CARS Act for eligible 
purchases and leases, and exercising due diligence in guarding against 
the possibility of fraud.

FOR FURTHER INFORMATION CONTACT: You may obtain additional information 
about the CARS program by calling 1-866-CAR-7891. It is dedicated to 
calls about the program. For technical issues, you may contact Mr. 
Frank Borris, Office of Enforcement, by telephone at (202) 366-2544. 
For legal issues, you may contact Mr. David Jasinski, Office of Chief 
Counsel, by telephone at (202) 366-5552.

SUPPLEMENTARY INFORMATION:

About the CARS Act

    On June 24, the President signed the Consumer Assistance to Recycle 
and Save Act of 2009 into law.\1\ The Act directs NHTSA to set up a 
program in which owners of vehicles meeting statutorily specified 
criteria may receive a monetary credit for trading in their vehicle and 
purchasing or leasing certain new vehicles. If all of the conditions of 
eligibility are met, NHTSA would make an electronic payment to the 
dealer equal to the amount of the credit after the dealer provides 
NHTSA with sufficient documentation relating to the transaction. The 
vehicle that was traded in would then be disposed of (i.e., crushed or 
shredded) in a manner that ensures it would never be used again, 
although parts of the vehicle, other than the engine block and drive 
train,\2\ may be sold prior to disposal.
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    \1\ The CARS Act is part (Title XIII) of the Supplemental 
Appropriations Act, Public Law 111-32, 123 Stat. 1859.
    \2\ Under certain conditions, which are explained later in this 
notice, the drive train too may be sold.
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    The Act requires NHTSA to issue final regulations implementing the 
CARS Act within 30 days after the enactment of the Act, i.e., by July 
24. The nearness of this statutory deadline precludes the issuance of a 
notice of proposed rulemaking seeking public comment. The regulations 
must, among other things:
    (1) Set up a means for registering dealers to participate in the 
program;
    (2) Set forth the procedures for reimbursing dealers participating 
in the program;
    (3) Require that dealers use the credit as an addition to, instead 
of as a substitute for, other rebates and discounts advertised by the 
dealer or offered by the manufacturer;
    (4) Require that dealers disclose to the person trading in an 
eligible vehicle the best estimate of the scrappage value of such 
vehicle and authorize dealers to retain $50 of the amount paid for the 
scrappage value as payment for the administrative costs of the program; 
\3\
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    \3\ Allocation of any remaining scrappage fees is subject to 
negotiation between the dealer and purchaser.
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    (5) Establish, in consultation with the Environmental Protection 
Agency (EPA), requirements and procedures for the disposal of eligible 
trade-in vehicles; and
    (6) Provide for a means to enforce penalties for violations of the 
program requirements.
    NHTSA must also, not later than July 24, and in consultation with 
the EPA, make available on an Internet Web site information about the 
program, including instructions on
    <bullet> How to determine if a vehicle is an eligible trade-in 
vehicle;
    <bullet> How to participate in the program;
    <bullet> How to determine if a dealer is participating in the 
program; as well as a comprehensive list, by make and model, of 
eligible new vehicles that may purchased as part of the program.
    Because NHTSA will need several weeks to develop and issue a final 
rule implementing the Act, we are issuing this notice providing general 
information about the requirements of the CARS Act. NHTSA has already 
established a Web site, http://www.cars.gov, which provides overview 
information about the program. The agency will periodically update that 
information. To address additional questions regarding the CARS 
program, NHTSA has expanded the capacity of the NHTSA hotline (888) 
327-4236, TTY: (800) 424-9153 (available Monday-Friday, 8 a.m. to 10 
p.m.). Beginning June 27, the number will be available for CARS calls 
on Saturdays 10 a.m.-8 p.m. Beginning July 1, we will have a new 
number, 1-866-CAR-7891, dedicated to calls about the program.
    As appropriate in taking these steps, NHTSA is actively consulting 
with the EPA.

What Is the CARS program?

    The Car Allowance Rebate System is a new program from the 
government that will help you pay for a new, more fuel-efficient 
vehicle from a participating dealer when you trade in a less fuel 
efficient one.

When Does the CARS Program Begin; How Will NHTSA Handle Trade-Ins That 
Are Made Between July 1 and the Issuance of the Final Rule?

    While the CARS Act makes transactions on and after July 1 
potentially eligible for credits under the CARS program, interested 
dealers and consumers may want to wait until all of the detailed issues 
that must be addressed in the implementing regulations are resolved and 
the final rule is issued. Issuance will occur around July 23. At that 
point, NHTSA will have in place detailed provisions about establishing 
eligibility and a system to ensure the prompt payment of money for 
credits used under the CARS program.
    If dealer choose to structure a transaction before the final rule 
is issued, they will bear the risks associated with later demonstrating 
that the transaction meets all of the specifications of the final rule. 
The dealers should also give the credit to the consumer at the time of 
such transaction. The dealer would be reimbursed by NHTSA later if the 
dealer registers and submits documentation sufficient to demonstrate 
that the transaction was an eligible one, that the traded-in vehicle 
was properly disposed of, and that all requirements in the final rule 
were met.

When Does the CARS Program End?

    The CARS Act provides two limitations on the duration of the 
program. First, the program ends

[[Page 31813]]

November 1, 2009. Second, NHTSA has been appropriated a fixed sum of 
money ($1 billion) to fund the program. Thus, under current law, the 
program will end on November 1, 2009, or when the appropriated funds 
are exhausted, whichever occurs first. Consumers and dealers are 
advised that, in the event NHTSA exhausts funds before the end of the 
program, NHTSA will be unable to reimburse dealers for some otherwise 
eligible transactions, even if the transactions have already occurred. 
NHTSA will develop a method of providing consumers and dealers with 
information regarding the amount of remaining program funds.

Do I Need To Obtain a Paper Voucher That I Can Redeem When I Go To 
Purchase or Lease a New Vehicle?

    No. Under the CARS Act, consumers will not receive vouchers or 
money directly from the government. Instead, automobile dealers would 
credit the applicable amount against the cost of purchasing or leasing 
an eligible new vehicle and then apply to NHTSA for reimbursement. 
NHTSA would then reimburse dealers for the amount of the credit through 
an electronic transfer of funds, assuming that the agency determines 
that all program requirements have been met.

Is the Credit Subject To Being Taxed as Income to the Consumers or 
Dealers that Participate in the Program?

    The CARS Act expressly provides that the credit is not income for 
the consumer. However, the credit will be considered as income for the 
dealer.

How Do I Know Which Dealers Are Participating in the CARS Program?

    The CARS Act requires that NHTSA set up a system for registering 
dealers to participate in the program and make available on the 
Internet information that will enable the public to determine whether a 
dealer is participating in the program. We are working to set up such a 
system and expect to make that information available on the program's 
Web site, http://www.cars.gov, which will be accessible directly or 
from a link on NHTSA's home page, http://www.nhtsa.gov. Consumers can 
also contact dealers to ask whether they plan to participate in the 
program. The CARS Act requires that dealers be licensed by their 
respective State for the sale of new automobiles in order for them to 
participate in the program. NHTSA will complete the registration 
process as soon as possible.

What Vehicles Are Eligible To Be Traded in Under the CARS Program?

    The CARS Act establishes four criteria for eligible trade-in 
vehicles:
    (1) The trade-in vehicle must be in drivable condition;
    (2) The trade-in vehicle must have been continuously insured, in 
accordance with State law, and registered in the same owner's name for 
the one-year period immediately prior to the trade in;
    (3) The trade-in vehicle must have been manufactured not earlier 
than 25 years before the date of trade in \4\ and, in the case of a 
category 3 vehicle, must also have been manufactured not later than 
model year 2001; and
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    \4\ This means that all pre-model year 1984 vehicles, and most 
model year 1984 vehicles, are not eligible as trade in vehicles.
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    (4) In the case of a passenger automobile, category 1 truck, and 
category 2 truck, as those terms are defined in the Act, the vehicle 
must have a combined fuel economy value of 18 miles per gallon or 
less.\5\ (These truck categories are explained below.)
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    \5\ There is no minimum for category 3 trucks because they do 
not have any miles-per-gallon ratings.
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    Vehicles that do not meet all four criteria are not eligible to be 
traded in under the CARS program.

How Can I Find Out When My Trade in Vehicle Was Manufactured?

    The month and year of manufacture (e.g., 1-96 (January 1996)) 
appear on the safety standard certification label that is located on 
the frame or edge of the driver's door in most vehicles. In the sample 
label below, that information is located in the upper right hand 
corner. It may appear in a different location on the label on your 
vehicle.
[GRAPHIC] [TIFF OMITTED] TP02JY09.009

How Can I Determine the Fuel Economy of My Trade in Vehicle?

    The CARS Act requires that, by July 24, NHTSA set up a location on 
the program Web site, http://www.cars.gov, to assist consumers in 
determining whether their vehicle is an eligible trade-in vehicle. 
Until that part of the Web site is operational, consumers can visit 
http://www.fueleconomy.gov/feg/findacar.htm and search for their 
vehicle to find its combined fuel economy value.\6\ When searching that 
Web site, consumers will need to know their vehicle's model year, make, 
model, engine size, and transmission type. MPG requirements for model 
year 1985 and newer vehicles are based on the Combined ``Estimated New 
EPA MPG'' as given in the Find a Car section at http://www.fueleconomy.gov.\7\ See the illustration below. Data for model year 
1984 vehicles will be added to that section soon.
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    \6\ The fuel economy information available through http://www.cars.gov will be the same as that now available only through 
http://www.fueleconomy.gov.
    \7\ It is important to note that the Environmental Protection 
Agency (EPA) changed the way it estimated fuel economy beginning in 
model year 2008. The new estimated combined EPA fuel economy for a 
trade-in vehicle is likely to be less than the value that was listed 
on the window sticker (Monroney label) of the vehicle when it was 
sold as a new vehicle. EPA has converted all MPG estimates to the 
new ratings system to help consumers compare the MPG of older and 
newer cars. The converted estimates are referred to as ``new'' on 
http://fueleconomy.gov.

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[GRAPHIC] [TIFF OMITTED] TP02JY09.010

What New Vehicles May Be Acquired Under the CARS Program?

    The CARS Act applies to new vehicles. Thus, used vehicles do not 
qualify under the program.
    The new vehicle must have a manufacturer's suggested retail price 
of not more than $45,000. That price appears on the window sticker on 
new vehicles.
    The new vehicle must also achieve minimum combined fuel economy 
levels.\8\ For passenger automobiles, the new vehicle must have a 
combined fuel economy value of at least 22 miles per gallon. For 
category 1 trucks, the new vehicle must have a combined fuel economy 
value of at least 18 miles per gallon. For category 2 trucks, the new 
vehicle must have a combined fuel economy value of at least 15 miles 
per gallon. Category 3 trucks have no minimum fuel economy requirement; 
however, there are special requirements that apply to the purchase of 
category 3 vehicles.
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    \8\ A vehicle's combined fuel economy is a weighted average of 
its city fuel economy and its highway fuel economy.
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    As noted above, the CARS Act also requires that NHTSA make 
available on an Internet Web site a comprehensive list of new vehicles 
that meet the requirements of the program. Until that information is 
posted on the program's Web site, consumers may determine whether a new 
vehicle meets the fuel economy requirements of the program in two ways. 
First, the combined fuel economy of a new vehicle will be posted under 
the heading ``Combined Fuel Economy'' on the window sticker (``Monroney 
label'') of a new vehicle. Second, you may also find the combined fuel 
economy value of a new vehicle by visiting http://www.fueleconomy.gov/feg/findacar.htm and searching for their vehicle to find its combined 
fuel economy value. When searching that Web site, consumers will need 
to know their vehicle's model year, make, model, engine size, and 
transmission type.

May I Lease, Instead of Purchase, a Vehicle Under the CARS Program?

    Yes. The credit given for trading in an eligible vehicle may be 
used to offset the cost of leasing a new vehicle. However, the CARS Act 
requires that any lease under the program be for a period of at least 
five years.

How Do I Determine Whether the Vehicle I Want To Purchase or Lease Is a 
Passenger Automobile or a Category 1, 2, or 3 Truck?

    The CARS Act divides the eligible vehicles into four groups: 
Passenger automobiles; category 1 trucks; category 2 trucks; and 
category 3 trucks.\9\ NHTSA will soon publish a list of the vehicles 
that fall into these groups. For the present, we describe here the 
statutory definitions, give examples of types of vehicles that satisfy 
those definitions, and refer readers to the large table at the end of 
this notice.
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    \9\ Section 1302(i) of the CARS Act defines those categories 
largely with reference to statutory categories of vehicles subject 
to the Corporate Average Fuel Economy (CAFE) Standards as follows:
    (1) The term ``passenger automobile'' means a passenger 
automobile, as defined in section 32901(a)(18) of title 49, United 
States Code, that has a combined fuel economy value of at least 22 
miles per gallon;
    (2) The term ``category 1 truck'' means a nonpassenger 
automobile, as defined in section 32901(a)(17) of title 49, United 
States Code, that has a combined fuel economy value of at least 18 
miles per gallon, except that such term does not include a category 
2 truck;
    (3) The term ``category 2 truck'' means a large van or a large 
pickup, as categorized by the Secretary using the method used by the 
Environmental Protection Agency and described in the report entitled 
`Light-Duty Automotive Technology and Fuel Economy Trends: 1975 
through 2008';\9\
    (4) The term ``category 3 truck'' means a work truck, as defined 
in section 32901(a)(19) of title 49, United States Code.
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    The term ``passenger automobile'' and its definition are borrowed 
from the fuel economy statute. The definition excludes from that term 
(1) vehicles that NHTSA has determined are not manufactured primarily 
for transporting persons and (2) vehicles that are capable of off-
highway operation. Vehicles not manufactured primarily for transporting 
persons include pickup trucks and certain vehicles that permit expanded 
use of the vehicle for cargo-carrying purposes. See 49 CFR 523.5(a). 
Under NHTSA's regulations (49 CFR 523.5(b)), there are two groups of 
vehicles with capability of off-highway operation. The first includes 
vehicles that have 4-wheel drive and have at least four out of five 
specified physical characteristics relating to ground clearance. The 
second includes vehicles that are rated at more than 6,000 pounds gross 
vehicle weight and have at least four out of five specified physical 
characteristics relating to ground clearance, but do not have 4-wheel 
drive. Passenger automobiles are what are commonly known as passenger 
cars.
    A category 1 truck is a nonpassenger automobile. This category 
includes sport utility vehicles (SUVs), small and medium pickup trucks 
and small and medium passenger and cargo vans.\10\
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    \10\ As noted in a preceding footnote, the statutory definition 
of the term ``category 2 truck'' is based on the categorization 
method used by the Environmental Protection Agency and described in 
the report entitled `Light-Duty Automotive Technology and Fuel 
Economy Trends: 1975 through 2008.'' Based on that method of 
categorization, large vans and pickup trucks, which would otherwise 
fall within category 1, instead fall within category 2. The method 
is based primarily on published wheelbase data according to the 
following criteria:

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                                             Pickup                    Van                       SUV
----------------------------------------------------------------------------------------------------------------
Small..............................  Less than 105''.......  Less than 109''.......  Less than 100''.
Midsize............................  105'' to 115''........  109'' to 124''........  100'' to 110''.
Large..............................  More than 115''.......  More than 124''.......  More than 110''.
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    A category 2 truck is a large van or a large pickup truck, based 
upon the length of the wheelbase (more than 115 inches for pickup 
trucks and more than 124 inches for vans). Note: some pickup trucks and 
cargo vans exceeding these thresholds are treated as category 3 trucks 
instead of category 2 trucks.
    A category 3 truck is a work truck and is rated between 8,500 and 
10,000 pounds gross vehicle weight. This category includes very large 
pickup trucks (those with cargo beds 72 inches or more in length) and 
very large cargo vans.
    By July 24, NHTSA will make available on an Internet Web site a 
comprehensive list of the trucks that fall into these categories and 
meet the requirements of the program.

What Is the Value of the Credit for the Purchase or Lease of a New 
Passenger Car?

    The value of the credit for the purchase or lease of a new 
passenger car depends upon the difference between the combined fuel 
economy of the vehicle that is traded in and that of the new vehicle 
that is purchased or leased. If the new vehicle has a combined fuel 
economy that is at least 4, but less than 10, miles per gallon higher 
than the traded-in vehicle, the credit is $3,500. If the new vehicle 
has a combined fuel economy value that is at least 10 miles per gallon 
higher than the traded-in vehicle, the credit is $4,500.

What Is the Value of the Credit for the Purchase or Lease of a New Van, 
Pickup Truck or SUV?

    The value of the credit given for the purchase or lease of a 
category 1 or 2 truck also generally depends on the difference between 
the combined fuel economy of the vehicle that is traded in and that of 
the new vehicle that is purchased or leased. If the new vehicle is a 
category 1 truck that has a combined fuel economy value that is at 
least 2, but less than 5, miles per gallon higher than the traded-in 
vehicle, the credit is $3,500. If the new category 1 truck has a 
combined fuel economy value that is at least 5 miles per gallon higher 
than the traded-in vehicle, the credit is $4,500.
    If both the new vehicle and the traded-in vehicle are category 2 
trucks and the combined fuel economy value of the new vehicle is at 
least 1, but less than 2, miles per gallon higher than the combined 
fuel economy value of the traded in vehicle, the credit is $3,500. If 
both the new vehicle and the traded-in vehicle are category 2 trucks 
and the combined fuel economy of the new vehicle is at least 2 miles 
per gallon higher than that of the traded-in vehicle, the credit is 
$4,500. A $3,500 credit applies to the purchase or lease of a category 
2 truck if the trade-in vehicle is a category 3 (work) truck that was 
manufactured not later than model year 2001, but not earlier than 25 
years before the date of the trade in.

What Rules Apply to New Work Trucks?

    A work truck, which is called a category 3 truck under the CARS 
Act, is subject to special rules. Work trucks are not rated for fuel 
economy by the EPA. Thus, the eligibility of work trucks for the 
program does not depend on combined fuel economy. Instead, work trucks 
may only be traded in under the program if they were manufactured not 
later than model year 2001 and not earlier than 25 years before the 
date of the trade in. In addition, work trucks may only be traded in 
for the purchase of a category 2 truck or another category 3 truck that 
is of similar size or smaller than the traded-in vehicle. Finally, the 
Act provides only for a $3,500 credit for trading in a work truck.
    The CARS Act limits the amount of funds that can be used to provide 
credits for purchases or leases of work trucks. Only 7.5 percent of the 
funds appropriated for the program may be used for credits for work 
trucks. Once that limit is reached, NHTSA will stop making payments for 
these transactions. NHTSA will keep the public informed as to the funds 
that remain available for these credits.

Can I Use the Credit in Combination With Manufacturer Rebates or 
Discounts?

    The CARS Act requires the dealer to use the credit under the CARS 
program in addition to any rebates or discounts advertised by the 
dealer or offered by the new vehicle's manufacturer. The dealer may not 
use the credit to offset these rebates and discounts.

Can I Combine This Credit With Other Government Incentives?

    Yes. You can combine this with other State and Federal incentives, 
such as the hybrid vehicle credit. For information on this credit, go 
to http://www.fueleconomy.gov/Feg/tax_hybrid.shtml.

May I Receive or Use More Than One Credit Under the CARS Program?

    No, the CARS Act specifies that not more than one credit may be 
issued to a single person, not more than one credit may be issued for 
joint registered owners of a single eligible trade-in vehicle, and that 
only one credit under this program may be applied toward the purchase 
or lease of any single new vehicle.

Can Dealers Charge Me a Fee for Buying or Leasing a Vehicle Under the 
CARS Program?

    While dealers can charge their normal types of fees, the CARS Act 
specifically prohibits dealers from charging a fee for purchasing or 
leasing a vehicle under the program.

What Will I Need To Bring to the Dealer in Order To Participate in the 
Program?

    You should bring documentation establishing the identity of the 
person who currently owns the vehicle, preferably the title of the 
vehicle, and documentary proof that the vehicle ``has been continuously 
insured consistent with the applicable State law and registered to the 
same owner for a period of not less than 1 year immediately prior to 
the trade-in.'' \11\ The final rule will specify what types of 
documentation would be acceptable.
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    \11\ See section 1302(i)(7) of the CARS Act.
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What Happens to the Vehicle I Trade In?

    The CARS Act requires that the trade-in vehicle be crushed or 
shredded so that it will not be resold for use in the United States or 
elsewhere as an automobile. The entity crushing or shredding the 
vehicles in this manner will be allowed to sell some parts of the 
vehicle prior to crushing or shredding it, but these parts cannot 
include the engine or the drive train.\12\
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    \12\ However, if ``the transmission, drive shaft, or rear end 
are sold as separate parts,'' the drive train may be sold.
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How and When Will NHTSA Provide More Details About the CARS Program?

    The rule implementing the CARS Act will provide specific detail 
regarding the process for registering dealers, the manner in which 
dealers will be reimbursed for eligible transactions, the requirements 
and procedures for disposing of trade-in vehicles, and the means for 
enforcing the program's requirements. NHTSA must issue those 
regulations on or before July 24, 2009, legislation.
    In the final rule, NHTSA will seek to balance the need to provide 
prompt payment to dealers with the need to prevent fraud and preserve 
records for the purposes of enforcing program requirements. NHTSA is 
meeting with a variety of groups to ensure that a proper balance is 
struck. NHTSA will also need to set up and staff a new office to 
administer the CARS program.

[[Page 31816]]

Why Is Fuel Economy Important?

    Buying a fuel efficient vehicle is important because it can:
    <bullet> Save you money.
    You can reduce fuel costs each year by choosing the most efficient 
vehicle that meets your needs.
    <bullet> Reduce greenhouse gas emissions.
    Carbon dioxide (CO<INF>2</INF>) from burning gasoline and diesel 
contributes to global climate change. You can do your part to reduce 
climate change by reducing your carbon footprint.
    <bullet> Improve energy security and reduce oil dependence costs.
    Our dependence on oil makes us vulnerable to oil market 
manipulation and price shocks.
    <bullet> Increase energy sustainability.
    Oil is a non-renewable resource, and we cannot sustain our current 
rate of use indefinitely. Using it wisely now allows us time to find 
alternative technologies and fuels that will be more sustainable.
    For more information on the importance of better fuel economy, go 
to  http://www.fueleconomy.gov/feg/why.shtml. For the 2009 Fuel Economy 
Guide, go to http://www.fueleconomy.gov/feg/FEG2009.pdf.

What Will NHTSA Do To Guard Against Fraud and Ensure That the CARS 
Payments Go to the Right People?

    NHTSA is aware that some organizations have already begun to convey 
incorrect information about how dealers and individuals can participate 
in the CARS program. The only official site providing information on 
this system is the agency's Web site, http://www.cars.gov. Note that 
the suffix ``.gov'' indicates it is an official government site. Other 
sites may or may not have correct information, but none plays an 
official role in this program. We urge great caution in providing any 
information over the Internet to any Web site that purports to be 
related to this program. The CARS program will not request electronic 
submission of information from individual consumers.
    NHTSA is working to create a system that will provide payments only 
for eligible transactions under the CARS program. Under the law, NHTSA 
will make electronic funds transfers only to a registered dealer that 
has submitted the required proof of a completely eligible transaction. 
We will develop a registration system to identify licensed, franchised 
new vehicle dealers and to obtain the banking and tax identification 
information necessary for making secure electronic transfers. Only 
registered dealers will have access to the payment system.
    As noted above, at the time of the transaction at the dealer, the 
consumer who is trading in the ``trade-in vehicle'' will need to 
provide evidence of ownership of the vehicle and proof that the vehicle 
has been continuously registered and insured to the same person 
throughout the last 12 months. To prevent repeated use of the program 
by the same person, we anticipate that the consumer will need to 
provide evidence of identity, such as a driver's license, and permit 
that information to become part of the documentation of the 
transaction.
    The dealer will have every reason to avoid entering into a 
transaction for which the dealer cannot be reimbursed under this 
program. The dealer will be expected to verify that the vehicle being 
traded in and the vehicle being purchased or leased are both eligible 
under the program. This will entail, with regard to the trade-in, 
making sure that the registration and insurance information is accurate 
and that the vehicle is in drivable condition. For both vehicles, the 
dealer will need to verify their combined fuel economy.
    With regard to the trade-in, NHTSA is considering various measures 
to ensure that the vehicle is never used again as an automobile in this 
or any other country. We intend to enforce the Act's requirements 
strictly and vigorously and to conduct audits to detect any possible 
violations. See the question below on penalties and enforcement 
policies.

If I Think Fraud Is Being Committed, How Do I Report This?

    Please call the NHTSA Hotline, Monday-Friday 8 a.m. to 10 p.m. at 
(888) 327-4236, TTY: (800) 424-9153. Beginning June 27, the number will 
be available for CARS calls on Saturdays 10 a.m.--8 p.m. Beginning July 
1, we will have a new number, 1-866-CAR-7891, dedicated to calls about 
the program.
    You may also call the Hotline of the Office of the Inspector 
General (OIG) at the U.S. Department of Transportation. The OIG Hotline 
is an important tool that is used to facilitate the reporting of 
allegations of fraud, waste, abuse, or mismanagement in the 
Department's programs or operations, including the CARS program. 
Allegations of fraud may be reported by DOT employees, grantees, 
contractors or the general public. The Hotline is set up to receive 
allegations in a variety of forms, including by e-mail 
(<a href="/cdn-cgi/l/email-protection#cba3a4bfa7a2a5ae8ba4a2ace5afa4bfe5aca4bd"><span class="__cf_email__" data-cfemail="6a02051e0603040f2a05030d440e051e440d051c">[email protected]</span></a>), regular mail (DOT Inspector General, P.O. Box 
708, Fredericksburg, VA 22404), fax (540-373-2090) or a toll free 
number (1-800-424-9071). OIG's Hotline is open 24 hours a day, seven 
days a week and is operated by a third party contractor.

Are There Penalties for Violations Related to the CARS Program?

    Yes. The money Congress has provided for this program is intended 
only for eligible recipients, and the requirement to destroy the trade-
in vehicle is an important part of the program. To protect consumers, 
dealers, and others, NHTSA intends to enforce the Act and the 
implementing regulations strictly. The CARS Act has provisions 
specifically aimed at preventing fraud. A person who violates the Act 
or the implementing regulations could be subject to a fine of up to 
$15,000 per transaction. While NHTSA may provide discretionary relief 
for innocent clerical errors, NHTSA intends to prevent fraud in the 
first place and penalize any fraud that occurs.
    Willful misstatements or false reporting made to the government in 
connection with the program may also make a person liable for criminal 
penalties under applicable laws. See 18 U.S.C. 1001.

[[Page 31817]]

[GRAPHIC] [TIFF OMITTED] TP02JY09.011


    Issued on: June 26, 2009.
Ronald L. Medford,
Acting Deputy Administrator.
[FR Doc. E9-15604 Filed 6-30-09; 4:15 pm]
BILLING CODE 4910-59-P


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