be available to be taken into account with respect to the average fuel economy for the same class of light trucks of that manufacturer for any of the three consecutive model years immediately following the model year in which such manufacturer exceeds

such applicable average fuel economy standard.

(c) (1) At any time prior to the end of any model year, a manufacturer which has reason to believe that its average fuel economy for a class of light trucks will be below such applicable standard for that model year may submit a plan demonstrating that such manufacturer will earn sufficient credits under paragraph (b) of this section within the next 3 model years which when taken into account would allow the manufacturer to meet that standard for the model year involved.

(2) Such credits shall be available for the model year involved subject to

(i) The Administrator approving such plan; and

(ii) The manufacturer earning credits in accordance with such plan.

(3) The Administrator approves any such plan unless the Administrator finds that it is unlikely that the plan will result in the manufacturer earning sufficient credits to allow the manufacturer to meet the standard for the model year involved.

provides

(4) The Administrator notice to any manufacturer in any case in which the average fuel economy of that manufacturer is below the applicable standard under Part 533 of this chapter, after taking into account credits available under paragraph (b)(1) of this section, and affords the manufacturer a reasonable period (of not less than 60 days) in which to submit a plan under this paragraph.

(d) The amount of credit to which a manufacturer is entitled under this section shall be equal to

(1) The number of tenths of a mile per gallon by which the average fuel economy for a class of light trucks manufactured by such manufacturer in the model year in which the credit is earned pursuant to this section exceeds the applicable average fuel economy standard established in Part 533 of this chapter, multiplied by

(2) The total number of light trucks in that class manufactured by such manufacturer during such model year.

(e) The Administrator takes credits into account for any model year on the basis of the number of tenths of a mile per gallon by which the manufacturer involved was below an applicable average fuel economy standard for a class of light trucks for that model year and the volume of that class of light trucks manufactured that model year by the manufacturer. Credits may not be applied between class of light trucks, except as determined by the Administrator to account for changes made in the definitions of classes between model years. Credits once taken into account for any model year shall not thereafter be available for any other model year. Prior to taking any credit into account, the Administrator provides the manufacturer involved with written notice and reasonable opportunity to comment thereon.

(a) Statutory terms. (1) The terms "average fuel economy standard," "fuel," "manufacture," and "model year" are used as defined in section 501 of the Act.

(2) The term "manufacturer" is used as defined in section 501 of the Act and in accordance with Part 529 of this chapter.

(3) The terms "average fuel economy," "fuel economy," and "model type" are used as defined in Subpart A of 40 CFR Part 600.

(4) The terms "automobile," "automobile capable of off-highway operation" and "passenger automobile" are used as defined in section 501 of the Act and in accordance with the determinations in Part 523 of this chapter.

(b) Other terms. (1) The term "loaded vehicle weight" is used as defined in Subpart A of 40 CFR Part 86.

(2) The terms "axle ratio," "base level," "body style," "car line," "city fuel economy," "combined fuel economy," "engine code," "gross vehicle weight," "highway fuel economy," "inertia weight," "transmission class," and "vehicle configuration" are used as defined in Subpart A of 40 CFR Part 600.

(3) The term "nonpassenger automobile" is used as defined in Part 523 of this chapter and in accordance with determinations in that part.

(4) The terms "approach angle," "axle clearance," "breakover angle," "cargo carrying volume," "departure angle," "passenger carrying volume," "running clearance," and "temporary living quarters" are used as defined in Part 523 of this chapter.

(5) The term "incomplete automobile manufacturer" is used as defined in Part 529 of this chapter.

(6) The term "designated seating position" is used as defined in § 571.3 of this chapter.

(7) As used in this part, unless otherwise required by the context:

(i) "Act" means the Motor Vehicle Information and Cost Savings Act (Pub. L. 92-513), as amended by the Energy Policy and Conservation Act (Pub. L. 94-163).

(ii) "Administrator" means the Administrator of the National Highway Traffic Safety Administration or the Administrator's delegate.

(iii) "Current model year" means:

(A) In the case of a pre-model year report, the full model year immediately following the period during which that report is required by § 537.5(b) to be submitted.

(B) In the case of a mid-model year report, the model year during which that report is required by § 537.5(b) to be submitted.

(iv) “Average" means a productionweighted average.

(v) "Sales mix" means the number of automobiles, and the percentage of a manufacturer's annual total production of automobiles, in each inertia weight class, which the manufacturer plans to produce in a specified model year.

(vi) "Total drive ratio" means the ratio of an automobile's engine rotational speed (in revolutions per minute) to the automobile's forward speed (in miles per hour).

§ 537.5 General requirements for reports.

(a) For each current model year, each manufacturer shall submit a premodel year report, a mid-model year report, and, as required by § 537.8, supplementary reports.

(b)(1) The pre-model year report required by this part for each current model year must be submitted not more than 30 days and not less that 1 day before the 1st day of that model year.

(2) The mid-model year report required by this part for each current model year must be submitted not ear

lier than the 180th day and not later than the 209th day of that model year. (3) Each supplementary report must be submitted in accordance with § 537.8(c).

(c) Each report required by this part must:

(1) Identify the report as a premodel year report, mid-model year report, or supplementary report, as appropriate;

(2) Identify the manufacturer submitting the report;

(3) State the full name, title, and address of the official responsible for preparing the report;

(4) Be submitted in 10 copies to: Administrator, National Highway Traffic Safety Administration, 400 Seventh Street SW., Washington, D.C. 20590.

(5) Identify the current model year; (6) Be written in the English language; and

(7) Specify any part of the information or data in the report that the manufacturer believes should be withheld from public disclosure as trade secret or other confidential business information in accordance with Part 512 of this chapter.

(d) Each report required by this part must be based upon all information and data available to the manufacturer 30 days before the report is submitted to the Administrator.

(e)(1) Any manufacturer may provide any item of information or data required by § 537.7(e) as an estimate, or as a set or range of alternatives.

(2) Any manufacturer submitting estimates, or sets or ranges of alternatives as permitted by paragraph (e)(1) of this section, shall state:

(i) The method for determining them;

(ii) The major uncertainties associated with them; and

(iii) The most likely value in the case of an estimate and the most likely alternative in the case of a set or range of alternatives.

[42 FR 62374, Dec. 12, 1977, as amended at 46 FR 2063, Jan. 8, 1981]

EFFECTIVE DATE NOTE: At 46 FR 2063, Jan. 8, 1981, paragraph (c)(7) of § 537.5 was revised. At 46 FR 40513, Aug. 10, 1981, the effective date of paragraph (c)(7) was deferred to Nov. 6, 1981. For the convenience of the user the superseded text appears below.

§ 537.5 General requirements for reports.

(c)

(7) (i) Specify any part of the information or data in the report that the manufacturer believes should be withheld from public disclosure as trade secret or other confidential business information.

(ii) With respect to each item of information or data requested by the manufacturer to be withheld under 5 U.S.C. 552(b)(4) and 15 U.S.C. 2005(d)(1), the manufacturer shall:

(A) Show that the item is within the scope of sections 552(b)(4) and 2005(d)(1);

(B) Show that disclosure of the item would result in significant competitive damage;

(C) Specify the period during which the item must be withheld to avoid that damage; and (D) Show that earlier disclosure would result in that damage.

§ 537.6 General content of reports.

(a) Pre-model year and mid-model year reports. Except as provided in paragraph (c) of this section, the premodel year report and the mid-model year report for model year 1978 and each model year thereafter must contain the information required by § 537.7(a).

(b) Supplementary report. Each supplementary report must contain the information required by § 537.8(b) (1), (2), or (3), as appropriate.

(c) Exceptions. (1) The pre-model year report for model year 1978 is required to contain only the information specified in § 537.7 (b) and (c) (1) through (4) for passenger automobiles and a description of how the manufacturer will use marketing measures to aid in achieving the sales mix of passenger automobiles projected for that model year.

(2) The mid-model year report for model year 1978 is required to contain only the information specified in § 537.7(b) through (e) for passenger automobiles.

(3) The pre-model year report is not required to contain the information specified in § 537.7 (b), (c) (1) and (2), or (c)(4) (xiv) through (xvi) and (xxiv) if that report is required to be submit

ted before the fifth day after the date by which the manufacturer must submit the preliminary determination of its average fuel economy for the current model year to the Environmental Protection Agency under 40 CFR 600.506. Each manufacturer that does not include information under the exception in the immediately preceding sentence shall indicate in its report the date by which it must submit that preliminary determination.

(4) The pre-model year report and the mid-model year report submitted by an incomplete automobile manufacturer for any model year are not required to contain the information specified in § 537.7 (c)(4)(xviii) through (xxii) and (c)(5). The information provided by the incomplete automobile manufacturer under § 537.7 (c) and (e) shall be according to base level instead of model type or carline.

§ 537.7 Pre-model year and mid-model year reports.

(a) (1) Provide the information required by paragraphs (b) through (e) of this section for the manufacturer's passenger automobiles for the current model year.

(2) After providing the information required by paragraph (a)(1) of this section, provide the information required by paragraphs (b) through (e) of this section for each class, as specified in Part 533 of this chapter, of the manufacturer's nonpassenger automobiles for the current model year.

(b) Projected average fuel economy. (1) State the projected average fuel economy for the manufacturer's automobiles determined in accordance with § 537.9 and based upon the fuel economy values and projected sales figures provided under paragraph (c)(2) of this section.

(2) State the projected final average fuel economy that the manufacturer anticipates having if the changes described under paragraph (d)(1)(ii) will cause that average to be different from the average fuel economy projected under paragraph (b)(1) of this section.

(3) State whether the manufacturer believes that the projection it provides

under paragraph (b)(2) of this section, or if it does not provide an average under that paragraph, the projection it provides under paragraph (b)(1) of this section sufficiently represents the manufacturer's average fuel economy for the current model year for the purposes of the Act. In the case of a manufacturer that believes that the projection is not sufficiently representative for those purposes, state the specific nature of and reason for the insufficiency and the specific additional testing or derivation of fuel economy values by analytical methods believed by the manufacturer necessary to eliminate the insufficiency and any plans of the manufacturer to undertake that testing or derivation voluntarily and submit the resulting data to the Environmental Protection Agency under 40 CFR 600.509.

(c) Model type fuel economy and technical information. (1) For each model type of the manufacturer's automobiles, provide the information specified in paragraph (c)(2) of this section in tabular form. List the model types in order of increasing average inertia weight from top to bottom down the left side of the table and list the information categories in the order specified in paragraph (c)(2) of this section from left to right across the top of the table.

(2) (i) City fuel economy;
(ii) Highway fuel economy;

(iii) Combined fuel economy; and (iv) Projected sales for the current model year.

(3) For each vehicle configuration whose fuel economy was used to calculate the fuel economy values for a model type under paragraph (c)(2) of this section, provide the information specified in paragraph (c)(4) of this section in tabular form. List the vehicle configurations, by model type in the order listed under paragraph (c)(2) of this section, from top to bottom down the left of the table and list the information categories across the top of the table from left to right in the order specified in paragraph (c)(4) of this section.

(4) (i) Loaded vehicle weight; (ii) Inertia weight;

(iv) Number of engine cylinders;

(v) SAE net horsepower;

(vi) Engine code;

(vii) Fuel system (number of carburetor barrels or, if fuel injection is used, so indicate);

(viii) Emission control system;

(ix) Transmission class;

(x) Number of forward speeds;

(xi) Existence of overdrive (indicate yes or no);

(xii) Total drive ratio;

(xiii) Axle ratio;

(xiv) City fuel economy;

(xv) Highway fuel economy;
(xvi) Combined fuel economy;

(xvii) Projected sales for the current model year;

(xviii) (A) In the case of passenger automobiles, interior volume index, determined in accordance with Subpart D of 40 CFR Part 600;

(B) In the case of nonpassenger automobiles:

(1) Passenger-carrying volume, and (2) Cargo-carrying volume;

(xix) Number of designated seating positions;

(xx) Performance of the function described in § 523.5(a)(5) of this chapter (indicate yes or no);

(xxi) Existence of temporary living quarters (indicate yes or no);

(xxii) Body style;
(xxiii) Frontal area;

(xxiv) Road load power at 50 miles per hour, if determined by the manufacturer for purposes other than compliance with this part to differ from the road load setting prescribed in 40 CFR 86.177-11(d);

(xxv) Optional equipment which the manufacturer is required under 40 CFR Parts 86 and 600 to have actually installed on the vehicle configuration, or the weight of which must be included in the curb weight computation for the vehicle configuration, for fuel economy testing purposes.

(5) For each model type of automobile which is classified as an automobile capable of off-highway operation under Part 523 of this chapter, provide the following data:

(i) Approach angle;

(ii) Departure angle;

(iii) Breakover angle; (iv) Axle clearance;

(v) Minimum running clearance; and

(vi) Existence of 4-wheel drive (indicate yes or no).

(6) The fuel economy values provided under paragraphs (c) (2) and (4) of this section shall be determined in accordance with § 537.9.

(d) Automobile technology and sales mix changes. (1) For each inertia weight class of the manufacturer's automobiles—

(i) Describe the differences between the technology of its automobiles for the current model year and of its automobiles for the immediately preceding model year that result in its automobiles for the current model year having higher fuel economy than its automobiles for the immediately preceding model year.

(ii) Describe any running changes that the manufacturer intends to make on its automobiles for the current model year that will affect the fuel economy of those automobiles.

(2) Describe any differences in the projected sales mixes of the inertia weight classes of the manufacturer's automobiles for the current model year and of the manufacturer's automobiles for the immediately preceding model year that result in its automobiles for the current model year having higher average fuel economy than its automobiles for the immediately preceding model year.

(e) Marketing measures. (1) Describe and quantify the manufacturer's advertising and automobile base price and equipment option pricing that will tend to aid the manufacturer in improving the average fuel economy of its automobiles for the current model year.

(2) Describe and quantify the manufacturer's dealer incentive programs that have been or will be implemented during the current model year for each carline of the manufacturer's automobiles.

(3) State the total number of dollars spent and to be spent on advertising for the current model year for each carline of the manufacturer's automobiles, and to the extent available, for each model type in that carline.