Tailpipe Rule - GlobalWarming.org

Recommendations

Info

Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 25367 mstockstill on DSKB9S0YB1PROD with RULES2 BILLING CODE 6560–50–C While the resultant light truck curves are visually indistinguishable from one another, the refitted curve for passenger cars would increase stringency for the smallest cars, decrease stringency for the largest cars, and provide a greater incentive to increase vehicle size throughout the range of footprints within which NHTSA and EPA project most passenger car models will be sold through MY 2016. The agencies are concerned that these changes would make it unduly difficult for manufacturers to introduce new small passenger cars in the United States, and VerDate Mar2010 20:30 May 06, 2010 Jkt 220001 PO 00000 Frm 00045 Fmt 4701 Sfmt 4700 E:\FR\FM\07MYR2.SGM 07MYR2 unduly risk losses in energy and environmental benefits by increasing incentives for the passenger car market to shift toward larger vehicles. Also, the agencies note that the refitted passenger car curve produces only a slightly closer fit to the corrected fleet than would the curve estimated in ER07MY10.012
25368 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations mstockstill on DSKB9S0YB1PROD with RULES2 the NPRM; with respect to the corrected fleet (between the ‘‘cut off’’ footprint values, and after the ‘‘maximum technology’’ analysis discussed above), the mean absolute deviation for the refitted curve is 13.887 percent, and that of a refitted curve held to the original slope is 13.933 percent. In other words, the data support the original slope very nearly as well as they support the refitted slope. Considering NHTSA’s and EPA’s concerns regarding the change in incentives that would result from a refitted curve for passenger cars, and considering that the data support the original curves about as well as they would support refitted curves, the agencies are finalizing CAFE and GHG standards based on the curves presented in the NPRM. Finally, regarding some commenters’ inability to reproduce the agencies’ NPRM analysis, NHTSA believes that its correction of the errors discussed above and its release (on NHTSA’s Web site) of the updated Volpe model and all accompanying inputs and external analysis files should enable outside parties to independently reproduce the agencies’ analysis. If outside parties continue to experience difficulty in doing so, we encourage them to contact NHTSA, and the agency will do its best to provide assistance. Thus, in summary, the agencies’ approach to developing the attributebased mathematical functions for MY 2012–2016 CAFE and CO 2 standards represents the agencies’ best technical judgment and consideration of potential outcomes at this time, and we are confident that the conclusions have resulted in appropriate and reasonable standards. The agencies recognize, however, that aspects of these decisions may merit updating or revision in future analysis to support CAFE and CO 2 standards or for other purposes. Consistent with best rulemaking practices, the agencies will take a fresh look at all assumptions and approaches to curve fitting, appropriate attributes, and mathematical functions in the context of future rulemakings. The agencies also recognized in the NPRM the possibility that lower fuel prices could lead to lower fleetwide fuel economy (and higher CO 2 emissions) than projected in this rule. One way of addressing that concern is through the use of a universal standard—that is, an average standard set at a (single) absolute level. This is often described as a ‘‘backstop standard.’’ The agencies explained that under the CAFE program, EISA requires such a minimum average fuel economy standard for domestic passenger cars, but is silent with regard to similar backstops for imported passenger cars and light trucks, while under the CAA, a backstop could be adopted under section 202(a) assuming it could be justified under the relevant statutory criteria. NHTSA and EPA also noted that the flattened portions of the curves at the largest footprints directionally address the issue of a backstop (i.e., the mpg ‘‘floor’’ or gpm ‘‘ceiling’’ applied to the curves provides a universal and absolute value for that range of footprints). The agencies sought comment on whether backstop standards, or any other method within the agencies’ statutory authority, should and can be implemented in order to guarantee a level of CO 2 emissions reductions and fuel savings under the attribute-based standards. The agencies received a number of comments regarding the need for a backstop beyond NHTSA’s alternative minimum standard. Comments were divided fairly evenly between support for and opposition to additional backstop standards. The following organizations supported the need for EPA and NHTSA to have explicit backstop standards: American Council for an Energy Efficient Economy (ACEEE), American Lung Association, California Air Resources Board (CARB), Environment America, Environment Defense Fund, Massachusetts Department of Environmental Protection, Natural Resources Defense Council (NRDC), Northeast States for Coordinated Air Use Management (NESCAUM), Public Citizen and Safe Climate Campaign, Sierra Club, State of Washington Department of Ecology, Union of Concerned Scientists, and a number of private citizens. Commenters in favor of additional backstop standards for all fleets for both NHTSA and EPA 66 generally stated that the emissions reductions and fuel savings expected to be achieved by MY 2016 depended on assumptions about fleet mix that might not come to pass, and that various kinds of backstop standards or ‘‘ratchet mechanisms’’ 67 were necessary to ensure that those reductions were achieved in fact. In addition, some commenters 68 stated that manufacturers might build larger vehicles or more trucks during MYs 66 ACEEE, American Lung Association, CARB, Christopher Lish, Environment America, EDF, MA DEP, NRDC, NESCAUM, Public Citizen, Sierra Club et al., SCAQMD, UCS, WA DE. 67 Commenters generally defined a ‘‘ratchet mechanism’’ as an automatic re-calculation of stringency to ensure cumulative goals are reached by 2016, even if emissions reductions and fuel savings fall short in the earlier years covered by the rulemaking. 68 CBD, MA DEP, NJ DEP, Public Citizen, Sierra Club et al., UCS. VerDate Mar2010 20:30 May 06, 2010 Jkt 220001 PO 00000 Frm 00046 Fmt 4701 Sfmt 4700 E:\FR\FM\07MYR2.SGM 07MYR2 2012–2016 than the agencies project, for example, because (1) any amount of slope in target curves encourages manufacturers to upsize, and (2) lower targets for light trucks than for passenger cars encourage manufacturers to find ways to reclassify vehicles as light trucks, such as by dropping 2WD versions of SUVs and offering only 4WD versions, perhaps spurred by NHTSA’s reclassification of 2WD SUVs as passenger cars. Both of these mechanisms will be addressed further below. Some commenters also discussed EPA authority under the CAA to set backstops, 69 agreeing with EPA’s analysis that section 202(a) allows such standards since EPA has wide discretion under that section to craft standards. The following organizations opposed a backstop: Alliance of Automobile Manufacturers (AAM), Association of International Automobile Manufacturers (AIAM), Ford Motor Company, National Automobile Dealers Association (NADA), Toyota Motor Company, and the United Auto Workers Union. Commenters stating that additional backstops would not be necessary disagreed that upsizing was likely, 70 and emphasized the anti-backsliding characteristics of the target curves. Others argued that universal absolute standards as backstops could restrict consumer choice of vehicles. Commenters making legal arguments under EPCA/EISA 71 stated that Congress’ silence regarding backstops for imported passenger cars and light trucks should be construed as a lack of authority for NHTSA to create further backstops. Commenters making legal arguments under the CAA 72 focused on the lack of clear authority under the CAA to create multiple GHG emissions standards for the same fleets of vehicles based on the same statutory criteria, and opposed EPA taking steps that would reduce harmonization with NHTSA in standard setting. Furthermore, AIAM indicated that EISA’s requirement that the combined (car and truck) fuel economy level reach at least 35 mpg by 69 CARB, Public Citizen, Sierra Club et al. 70 For example, the Alliance and Toyota said that upsizing would not be likely because (1) it would not necessarily make compliance with applicable standards easier, since larger vehicles tend to be heavier and heavier vehicles tend to achieve worse fuel economy/emissions levels; (2) it may require expensive platform changes; (3) target curves become increasingly more stringent from year to year, which reduces the benefits of upsizing; and (4) the mpg floor and gpm ceiling for the largest vehicles (the point at which the curve is ‘‘cut off’’) discourages manufacturers from continuing to upsize beyond a point because doing so makes it increasingly difficult to meet the flat standard at that part of the curve. 71 AIAM, Alliance, Ford, NADA, Toyota. 72 Alliance, Ford, NADA, UAW.
Page 1 and 2: 25324 Federal Register / Vol. 75, N
Page 43: 25366 Federal Register / Vol. 75, N
Page 51 and 52: mstockstill on DSKB9S0YB1PROD with
Page 95 and 96:
25418 Federal Register / Vol. 75, N
Page 97 and 98:
Page 99 and 100:
Page 101 and 102:
Page 103 and 104:
Page 105 and 106:
Page 107 and 108:
Page 109 and 110:
Page 111 and 112:
Page 113 and 114:
Page 115 and 116:
Page 117 and 118:
Page 119 and 120:
Page 121 and 122:
Page 123 and 124:
Page 125 and 126:
Page 127 and 128:
Page 129 and 130:
Page 131 and 132:
Page 133 and 134:
Page 135 and 136:
Page 137 and 138:
Page 139 and 140:
Page 141 and 142:
Page 143 and 144:
Page 145 and 146:
Page 147 and 148:
Page 149 and 150:
Page 151 and 152:
Page 153 and 154:
Page 155 and 156:
Page 157 and 158:
Page 159 and 160:
Page 161 and 162:
Page 163 and 164:
Page 165 and 166:
Page 167 and 168:
Page 169 and 170:
Page 171 and 172:
Page 173 and 174:
Page 175 and 176:
Page 177 and 178:
Page 179 and 180:
Page 181 and 182:
Page 183 and 184:
Page 185 and 186:
Page 187 and 188:
Page 189 and 190:
mstockstill on DSKB9S0YB1PROD with
Page 191 and 192:
Page 193 and 194:
Page 195 and 196:
Page 197 and 198:
Page 199 and 200:
Page 201 and 202:
Page 203 and 204:
Page 205 and 206:
Page 207 and 208:
Page 209 and 210:
Page 211 and 212:
Page 213 and 214:
Page 215 and 216:
Page 217 and 218:
Page 219 and 220:
Page 221 and 222:
Page 223 and 224:
Page 225 and 226:
Page 227 and 228:
Page 229 and 230:
Page 231 and 232:
Page 233 and 234:
Page 235 and 236:
Page 237 and 238:
Page 239 and 240:
Page 241 and 242:
Page 243 and 244:
Page 245 and 246:
Page 247 and 248:
Page 249 and 250:
Page 251 and 252:
Page 253 and 254:
Page 255 and 256:
Page 257 and 258:
Page 259 and 260:
Page 261 and 262:
Page 263 and 264:
Page 265 and 266:
Page 267 and 268:
Page 269 and 270:
Page 271 and 272:
Page 273 and 274:
Page 275 and 276:
Page 277 and 278:
Page 279 and 280:
Page 281 and 282:
Page 283 and 284:
Page 285 and 286:
Page 287 and 288:
Page 289 and 290:
Page 291 and 292:
Page 293 and 294:
Page 295 and 296:
Page 297 and 298:
Page 299 and 300:
Page 301 and 302:
Page 303 and 304:
Page 305 and 306:
Page 307 and 308:
Page 309 and 310:
Page 311 and 312:
Page 313 and 314:
Page 315 and 316:
Page 317 and 318:
Page 319 and 320:
Page 321 and 322:
Page 323 and 324:
Page 325 and 326:
Page 327 and 328:
Page 329 and 330:
Page 331 and 332:
Page 333 and 334:
Page 335 and 336:
Page 337 and 338:
Page 339 and 340:
Page 341 and 342:
Page 343 and 344:
Page 345 and 346:
Page 347 and 348:
Page 349 and 350:
Page 351 and 352:
Page 353 and 354:
Page 355 and 356:
Page 357 and 358:
Page 359 and 360:
Page 361 and 362:
Page 363 and 364:
Page 365 and 366:
Page 367 and 368:
Page 369 and 370:
Page 371 and 372:
Page 373 and 374:
Page 375 and 376:
Page 377 and 378:
Page 379 and 380:
Page 381 and 382:
Page 383 and 384:
Page 385 and 386:
Page 387 and 388:
Page 389 and 390:
Page 391 and 392:
Page 393 and 394:
Page 395 and 396:
Page 397 and 398:
Page 399 and 400:
Page 401 and 402:
Page 403 and 404:
Page 405:
show all

Tailpipe Rule - GlobalWarming.org

Create successful ePaper yourself

Delete template?

Save as template?