CAFE

Later this week, NHTSA will publish a notice in the Federal Register announcing that, consistent with President Obama’s January 26, 2009 memorandum requesting that NHTSA complete its rulemaking in two phases, NHTSA intends to re-examine the issue of preemption in the context of its forthcoming rulemaking to establish CAFE standards for model year 2012 and later years. NHTSA will not address the issue in the forthcoming final rule establishing CAFE standards for MY 2011 nor include any provisions addressing preemption in the in the amendments made by that rule to the Code of Federal Regulations.