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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.

Alternatives:

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.

Risks:

The agency believes there are no substantial risks to this rulemaking.
Timetable:
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: www.regulations.gov   Public Comment URL: www.regulations.gov  
RIN Data Printed in the FR: No 
Agency Contact:
Kerry Kolodziej
Trial Attorney
Department of Transportation
National Highway Traffic Safety Administration
1200 New Jersey Avenue SE,
Washington, DC 20590
Phone:817 222-4094
Email: kerry.kolodziej@dot.gov