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FMVSS 139 and FMVSS 208

On November 28, 2008, NHTSA published a notice in the Federal Register which corrects FMVSS 139, New pneumatic radial tires for light vehicles, which specifies tire dimensions, test requirements, and labeling requirements and which defines tire load ratings for certain types of light vehicle tires. The corrections relate to a definition for snow tires and tire marking requirements, which were inadvertently removed. The notice also corrects FMVSS 208, Occupant Crash Protection, with respect to specifying a test tolerance for a procedure used to test air bag suppression systems and low risk deployment systems.

The changes covered in this notice will become effective December 29, 2008.

NHTSA contact: Ms. Rebecca Yoon, Office of the Chief Counsel, (202) 366-2992.

EPA Sets Renewable Fuel Requirement of 10.21% for 2009

The U.S. EPA announced on November 17 that the 2009 renewable fuel standard (RFS) will require most refiners, importers, and non-oxygenate blenders of gasoline to displace 10.21% of their gasoline with renewable fuels such as ethanol. That requirement aims to ensure that at least 11.1 billion gallons of renewable fuels will be sold in 2009, in keeping with the targets established by the Energy Independence and Security Act of 2007, which President Bush signed into law in December 2007. While the RFS requirement is increasing by about 23%—from 9 billion gallons in 2008 to 11.1 billion gallons in 2009—the percentage requirement is increasing by nearly one third, from 7.76% in 2008 to 10.21% in 2009.

The larger relative increase in the percentage requirement reflects the fact that fuel consumption is expected to be lower in 2009, so a greater percentage of renewable fuel is needed to reach 11.1 billion gallons of renewable fuels. Based on data from DOE's Energy Information Administration, the EPA anticipates that 138.47 billion gallons of gasoline blends will be sold in 2009 in the 48 contiguous states plus Hawaii (Alaska doesn't participate in the program). That's down from the 144.5 billion gallons of blended gasoline that the EPA expected to be sold in those 49 states this year.

According to Department of Energy, the 2009 RFS is also pushing up against what is known as the "blend wall." Most gasoline sold in the U.S. contains at most 10% ethanol (E10), but the new RFS requires a slightly greater percentage of gasoline to be displaced with renewable fuel. That extra percentage, 0.21%, equals about 300 million gallons of renewable fuel. One way to sell greater amounts of ethanol is to sell E85, a blend of 85% ethanol and 15% gasoline, but despite rapid growth in the number of E85 pumps, there are still only about 1,800 E85 pumps in the United States. Minnesota has about one-fifth of the stations, at 357, and the most recent report on sales from the Minnesota Department of Commerce suggests that at most 24 million gallons of E85 will be sold in the state this year, containing about 20.4 million gallons of ethanol. Extrapolating that result to the entire nation yields only 100 million gallons of ethanol. To address the blend wall issue, DOE and others are studying the use of mid-range blends, such as E15 and E20, for use in standard gasoline-burning vehicles. DOE says that allowing all gasoline blends to contain up to 20% ethanol would double the potential market for ethanol.

Advanced Technology Vehicles Manufacturing Incentives Program

On December 1 and 5, 2008, DOE will hold public meetings for the purpose of addressing inquiries from potential loan applicants regarding the ATVMLP’s Interim Final Rule as published in the Federal Register, 73 FR 66721, on November 12, 2008. The first tranche of loan applications is due to the agency on or before December 31, 2008. Thereafter, applications will be due at the end of each calendar quarter.

The meetings will be held at the DOE’s Forrestal Building, 1000 Independence Avenue, SW, Washington DC, Room 4A-104. The meetings will be held on Monday December 1, 2008 and again on Friday December 5, 2008 from 10:00 a.m. to 12:00 noon each day. The meetings are open to the public on a first-come, first-served basis. As space is limited, only two individuals per corporation are asked to attend. Reservations are required to attend either meeting; to register, send an e-mail to atvmloan@hq.doe.gov, or call 202-586-3811 to reserve your spot no later than close of business on Wednesday November 26, 2008 (for the December 1 date) and Wednesday December 3, 2008 (for the December 5 date).

For additional details, click here.

Assessment of Fuel Economy Technologies for Medium and Heavy Duty Vehicles

As directed by section 108 of the Energy Independence and Security Act of 2007 (EISA), the National Academy of Sciences is initiating a study to assess fuel economy technologies for medium and heavy-duty vehicles. According to EISA, the study is to develop a report evaluating medium-duty and heavy-duty truck fuel economy standards. Based on the language in Section 108, the committee will address the following tasks:

(1) consider appropriate approaches to measuring fuel economy for medium- and heavy-duty vehicles that would be required for setting standards. Given the diversity of vehicles and applications, consideration of classification of vehicles will likely be required in this review. In addition, the committee will likely have to work with DOT/NHTSA, EPA, and others, as appropriate, to identify a reasonable approach, which would then lay the basis for what technologies to consider for potential improved fuel economy. As part of its considerations, the committee will comment on what might be an appropriate metric for a fuel economy standard or a fuel efficiency measure (e.g., miles per gallon or ton-miles per gallon or other measures); how might an appropriate baseline be defined for estimating improvements; what kinds of test cycles would be appropriate; and what kinds of testing facilities exist, or would be needed, to evaluate fuel economy. The committee is not asked to provide a standard but to give guidance to NHTSA, who will have to follow-up the committee's report with their own proposals for what should be done.

(2) assess current and potential technologies and estimate improvements in fuel economy for medium-duty and heavy-duty trucks that might be achieved. As part of its assessment the committee will also include "work" trucks, namely, those in the 8,500 to 10,000 lb weight range. The committee will need to decide what time frame is appropriate to consider for the technology assessment. In addition, the committee should try to estimate the costs of technologies for fuel economy improvements.

(3) address how the technologies identified in Task 2 above may be used practically to improve medium-duty and heavy-duty truck fuel economy. This will likely entail a discussion by the committee of barriers, time frames, competitive pressures, and other factors that may inhibit or accelerate the adoption of technologies for improved fuel economy.;

(4) address how such technologies may be practically integrated into the medium-duty and heavy-duty truck manufacturing process. Again, the committee will likely identify barriers, timing, economics, competitive pressures, and other factors, that may inhibit or accelerate the practical implementation into the manufacturing of the various vehicles under consideration.

(5) assess how such technologies may be used to meet fuel economy standards to be prescribed under section 32902(k) of title 49, United States Code, as amended by this subtitle;

(6) discuss the pros and cons of approaches to improving the fuel efficiency of moving goods as opposed to setting vehicle fuel economy standards; and

(7) identify the potential costs and other impacts on the operation of medium-duty and heavy-duty trucks.

(8) write a report documenting its conclusions and recommendations.

The Committee will hold its first meeting on Dec. 4-5, 2008 in Washington, DC. For a copy of the meeting agenda, click here.

A listing of the Committee members is available by clicking here.

For more information, go to the project website at http://www8.nationalacademies.org/cp/projectview.aspx?key=48979.

EPA/Industry Compliance Meeting

On November 14, 2008, EPA published a notice (CISD-08-16) announcing that it will hold an EPA/Manufacturer meeting beginning at 10 A.M. on Wednesday, November 19, 2008. The meeting will be held in the large classroom of the Morris J. Lawrence Building at Washtenaw Community College in Ann Arbor, Michigan.

The meeting is intended for the broader light-duty industry to update and inform them on a wide variety of issues. EPA has several topics related to Certification and Fuel Economy Compliance and, since they have completed their transition from CFEIS to Verify, they we will be discussing current Verify System implementation and their future plans for the Verify System. The meeting is anticipated to conclude by 1 pm. The meeting notice also includes information for participating via conference phone and webcast.

2009 Fuel Economy Guide

The U.S. EPA's 2009 Model Year Fuel Economy guide is available. For an online copy, click here.

FMVSS 208 Appendix A Child Restraint List

NHTSA has finalized amendments to FMVSS 208 to update the list of child restraint systems (CRSs) contained in FMVSS 208 which are used to test advanced air bag suppression or low risk deployment systems. The amendments replace the CRSs currently listed in Appendix A with CRSs that are more available and more representative of the CRS fleet currently on the market. The final rule will be published in the Federal Register on November 12, 2008.

The final rule adopts a one-year phase-in of the requirements to test with the child restraints in the revised Appendix A. Under the phase-in, 50% of vehicles manufactured on or after September 1, 2009 must be certified as meeting FMVSS 208 when tested with the CRSs listed in App. A-1 and all vehicles manufactured on or after September 1, 2010 must be so certified.

Petitions for reconsideration of the final rule are due December 27, 2008.

NHTSA contacts: Carla Cuentas, Office of Crashworthiness Standards, Light Duty Vehicle Division, 202-366-4583 and Deirdre Fujita, Office of Chief Counsel 202-366-4992.

Docket Reference: NHTSA-08-0168.

U.S. Department of Energy Issues Rules for Auto Loan Program

On November 5, 2008, the U.S. Department of Energy issued an Interim Final Rule that implements the Advanced Technology Vehicles Manufacturing Incentive Program authorized by section 136 of the Energy Independence and Security Act of 2007 (EISA). The FY09 Continuing Resolution provided DOE with funding to make up to $25 billion in direct loans to eligible applicants for the costs of reequipping, expanding, and establishing manufacturing facilities in the United States to produce advanced technology vehicles, and components for such vehicles. These vehicles must provide meaningful improvements in fuel economy performance. According to Energy Secretary, Samuel Bodman, “Issuance of the interim final rule opens the process for automakers and component manufacturers to immediately apply for government funding under the Advanced Technology Vehicles Manufacturing Incentive Program. Congress has appropriated $7.5 billion to cover the subsidy costs of direct loans issued to automobile manufacturers and component suppliers under EISA section 136. The actual amount of loans that DOE will be able to issue with this funding, up to the statutory ceiling of $25 billion in loans, will depend on the particular circumstances of specific borrowers and proposed projects. Additionally, the Department must comply with statutory requirements including the National Environmental Policy Act (NEPA) in connection with the issuance of any loans to be made under the EISA section 136 program. The Department intends to act quickly to review and evaluate any applications it receives from eligible applicants under the section 136 program. Details about the loan program can found at DOE’s Advanced Technology Vehicles Manufacturing Loan Program website. For a copy of the Auto Loan Program Final Rule, click here. For assistance obtaining loans through this program, please contact Dale Kardos at Dale Kardos & Associates, Inc. at (202) 742-4415 or dale.kardos@motorvehicleregs.com.

2008 SAE Government / Industry Meeting NHTSA Presentations

The following NHTSA presentations given at the 2008 SAE Government/Industry meeting are now available online:

• Update on NHTSA Crash Data Collection of Event Data Recorders

• A Test Track Evaluation of Electronic Rollover Mitigation Technology

• NHTSA Outreach for Regulated Imported Safety Equipment

• Utilizing Large Truck Crash Causation Data to Assess Countermeasure Effectiveness

• Benefits of Vehicle Safety Communications CICAS-V and VSC-A

• Recommended Guidance and Best Importer Practices to Enhance the Safety of Imported Motor Vehicles and Motor Vehicle Equipment

• NHTSA's Initial Evaluation of Child Side Impact Protection

• Side Impact Crash Testing with the 50th Percentile Male WorldSID

• Side Impact Child Dummy Development

• Preliminary Results of NHTSA's Comparison of the Current Offset Deformable Barrier Specified in FMVSS No. 208 and the Progressive Deformable Barrier

• January 14, 2008 - EDR Final Rule

• Safety Benefits Methodology for RSC and ESC Systems in Commercial Vehicle Tractor Semi-Trailers

• NHTSA Research on Improved Restraints in Rollovers

• "How Difficult Can It Be?": Investigating Child Seat Installation Errors

To access the presentations, click here.

EPA Vehicle and Engine Compliance Report for 2007

EPA has published a new report, 2007 Progress Report: Vehicle and Engine Compliance Activities. Issued by the U.S. EPA's Office of Transportation and Air Quality (OTAQ), the report summarizes vehicle and engine compliance program data collected in 2007. For a copy, click here.