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DOT/NHTSA RIN: 2127-AM33 Publication ID: Fall 2021 
Title: +Corporate Average Fuel Economy (CAFE) Preemption 
Abstract: This action would repeal of The Safer Affordable Fuel-Efficient (SAFE) Vehicles Rule Part One: One National Program, 84 FR 51310 (Sept. 27, 2019) ("SAFE I Rule"). 
Agency: Department of Transportation(DOT)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 49 CFR 533   
Legal Authority: delegation of authority at 49 CFR 1.95   
Legal Deadline:  None

Statement of Need:

This action is directed under Executive Order 13990.

Summary of the Legal Basis:

This rulemaking would respond to requirements of the Energy Independence and Security Act of 2007 (EISA), Title 1, Subtitle A, Section 102, as it amends 49 USC § 32902, which was signed into law December 19, 2007. The statute requires that corporate average fuel economy standards be prescribed separately for passenger automobiles and non-passenger automobiles. The law requires the standards be set at least 18 months prior to the start of the model year.


NHTSA considered alternatives in its May 2021 NPRM. NHTSA will update the regulatory alternatives in the final rule as appropriate.

Anticipated Costs and Benefits:

NHTSA estimated costs and benefits in its May 2021 NPRM. NHTSA will update the costs and benefits in the final rule as appropriate.


The agency believes there are no substantial risks to this rulemaking.

Action Date FR Cite
NPRM  05/12/2021  86 FR 25980   
NPRM Comment Period End  06/11/2021 
Final Rule  11/00/2021 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: Yes 
RIN Information URL:   Public Comment URL:  
RIN Data Printed in the FR: No 
Agency Contact:
Kerry Kolodziej
Trial Attorney
Department of Transportation
National Highway Traffic Safety Administration
1200 New Jersey Ave, SE,
Washington, DC 20590
Phone:202 366-2161