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Statement of Need: This rulemaking would respond to requirements of the Energy Policy and Conservation Act, as amended by the Energy Independence and Security Act of 2007. The statute requires that corporate average fuel economy standards be prescribed separately for passenger automobiles and non-passenger automobiles to achieve a combined fleet fuel economy of at least 35 mpg by model year 2020. For model years 2021 and beyond, the statute requires that the average fuel economy required to be attained by each fleet of passenger and non-passenger automobiles be the maximum feasible for each model year. The law requires the standards be set at least 18 months prior to the start of the model year, and for model year 2017, standards must be set by April 1, 2015. On May 21, 2010, President Obama issued a memorandum directing NHTSA and EPA to conduct joint rulemaking, with NHTSA regulating fuel economy and EPA regulating greenhouse gas emissions.

Summary of the Legal Basis: Section 32910(d) of title 49 of the United States Code provides that the Administrator may prescribe regulations necessary to carry out his duties under chapter 329, Automobile Fuel Economy.

Alternatives: The Agency is not pursuing any alternatives.

Anticipated Costs and Benefits: The costs and benefits of the potential changes addressed in this action have not yet been assessed.

Risks: Depending upon how manufacturers use weight reduction to meet the fuel economy standards, there is a potential impact on motor vehicle safety. The 2010 NHTSA analysis shows that a 100-pound reduction in weight, while keeping footprint constant, decreases the fatality rate for light trucks over 3,870 pounds but increases the fatality rate for light trucks less than 3,870 pounds and for all passenger cars. An interagency team from DOT, EPA, and DOE are further examining this issue.