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e-CFR data is current as of September 24, 2020

Title 49Subtitle BChapter V → Part 533


Title 49: Transportation


PART 533—LIGHT TRUCK FUEL ECONOMY STANDARDS


Contents
§533.1   Scope.
§533.2   Purpose.
§533.3   Applicability.
§533.4   Definitions.
§533.5   Requirements.
§533.6   Measurement and calculation procedures.
§533.7   Preemption.
Appendix A to Part 533—Example of Calculating Compliance Under §533.5(i)
Appendix B to Part 533—Preemption

Authority: 49 U.S.C. 32902; delegation of authority at 49 CFR 1.95.

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§533.1   Scope.

This part establishes average fuel economy standards pursuant to section 502(b) of the Motor Vehicle Information and Cost Savings Act, as amended, for light trucks.

[42 FR 13807, Mar. 14, 1977, as amended at 43 FR 12013, Mar. 23, 1978]

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§533.2   Purpose.

The purpose of this part is to increase the fuel economy of light trucks by establishing minimum levels of average fuel economy for those vehicles.

[42 FR 13807, Mar. 14, 1977, as amended at 43 FR 12013, Mar. 23, 1978]

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§533.3   Applicability.

This part applies to manufacturers of light trucks.

[42 FR 13807, Mar. 14, 1977, as amended at 43 FR 12013, Mar. 23, 1978]

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§533.4   Definitions.

(a) Statutory terms. (1) The terms average fuel economy, average fuel economy standard, fuel economy, import, manufacture, manufacturer, and model year are used as defined in section 501 of the Act.

(2) The term automobile is used as defined in section 501 of the Act and in accordance with the determinations in part 523 of this chapter.

(3) The term domestically manufactured is used as defined in section 503(b)(2)(E) of the Act.

(b) Other terms. As used in this part, unless otherwise required by the context—

(1) Act means the Motor Vehicle Information Cost Savings Act, as amended by Pub. L. 94-163.

(2) Light truck is used in accordance with the determinations in part 523 of this chapter.

Captive import means with respect to a light truck, one which is not domestically manufactured but which is imported in the 1980 model year or thereafter by a manufacturer whose principal place of business is in the United States.

4-wheel drive, general utility vehicle means a 4-wheel drive, general purpose automobile capable of off-highway operation that has a wheelbase of not more than 280 centimeters, and that has a body shape similar to 1977 Jeep CJ-5 or CJ-7, or the 1977 Toyota Land Cruiser.

Basic engine means a unique combination of manufacturer, engine displacement, number of cylinders, fuel system (as distinguished by number of carburetor barrels or use of fuel injection), and catalyst usage.

Limited product line light truck means a light truck manufactured by a manufacturer whose light truck fleet is powered exclusively by basic engines which are not also used in passenger automobiles.

[42 FR 13807, Mar. 14, 1977, as amended at 43 FR 12013, Mar. 23, 1978; 43 FR 46547, Oct. 10, 1978; 58 FR 18029, Apr. 7, 1993]

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§533.5   Requirements.

(a) Each manufacturer of light trucks shall comply with the following fleet average fuel economy standards, expressed in miles per gallon, in the model year specified as applicable:

Table I

Model year2-wheel drive light trucks4-wheel drive light trucksLimited product line light trucks
Captive
imports
OtherCaptive
imports
Other
197917.215.8
198016.016.014.014.014.0
198116.716.715.015.014.5

Table II

Model yearCombined standard2-wheel drive light trucks4-wheel drive light trucks
Captive
imports
OthersCaptive
imports
OthersCaptive
imports
Others
198217.517.518.018.016.016.0
198319.019.019.519.517.517.5
198420.020.020.320.318.518.5
198519.519.519.719.718.918.9
198620.020.020.520.519.519.5
198720.520.521.021.019.519.5
198820.520.521.021.019.519.5
198920.520.521.521.519.019.0
199020.020.020.520.519.019.0
199120.220.220.720.719.119.1

Table III

Model yearCombined standard
Captive
imports
Other
199220.220.2
199320.420.4
199420.520.5
199520.620.6

Table IV

Model yearStandard
200120.7
200220.7
200320.7
200420.7
200521.0
200621.6
200722.2
200822.5
200923.1
201023.5

Figure 1:

eCFR graphic er15oc12.076.gif

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Where:

N is the total number (sum) of light trucks produced by a manufacturer;

Ni is the number (sum) of the ith light truck model type produced by a manufacturer; and

Ti is the fuel economy target of the ith light truck model type, which is determined according to the following formula, rounded to the nearest hundredth:

eCFR graphic er15oc12.077.gif

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Where:

Parameters a, b, c, and d are defined in Table V;

e = 2.718; and

x = footprint (in square feet, rounded to the nearest tenth) of the model type.

Table V—Parameters for the Light Truck Fuel Economy Targets for MYs 2008-2011

Model yearParameters
a (mpg)b (mpg)c (gal/mi/ft2)d (gal/mi)
200828.5619.9949.305.58
200930.0720.8748.005.81
201029.9621.2048.495.50
201127.1021.1056.414.28

Figure 2:

eCFR graphic er15oc12.078.gif

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Where:

CAFErequired is the fleet average fuel economy standard for a given light truck fleet;

Subscript i is a designation of multiple groups of light trucks, where each group's designation, i.e., i = 1, 2, 3, etc., represents light trucks that share a unique model type and footprint within the applicable fleet.

Productioni is the number of light trucks produced for sale in the United States within each ith designation, i.e., which share the same model type and footprint;

TARGETi is the fuel economy target in miles per gallon (mpg) applicable to the footprint of light trucks within each ith designation, i.e., which share the same model type and footprint, calculated according to either Figure 3 or Figure 4, as appropriate, and rounded to the nearest hundredth of a mpg, i.e., 35.455 = 35.46 mpg, and the summations in the numerator and denominator are both performed over all models in the fleet in question.

Figure 3:

eCFR graphic er15oc12.079.gif

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Where:

TARGET is the fuel economy target (in mpg) applicable to vehicles of a given footprint (FOOTPRINT, in square feet);

Parameters a, b, c, and d are defined in Table VI; and

The MIN and MAX functions take the minimum and maximum, respectively, of the included values.

Table VI—Parameters for the Light Truck Fuel Economy Targets for MYs 2012-2016

Model yearParameters
a (mpg)b (mpg)c (gal/mi/ft2)d (gal/mi)
201229.8222.270.00045460.014900
201330.6722.740.00045460.013968
201431.3823.130.00045460.013225
201532.7223.850.00045460.011920
201634.4224.740.00045460.010413

Figure 4:

eCFR graphic er15no12.102.gif

View or download PDF

Where:

TARGET is the fuel economy target (in mpg) applicable to vehicles of a given footprint (FOOTPRINT, in square feet);

Parameters a, b, c, d, e, f, g, and h are defined in Table VII; and

The MIN and MAX functions take the minimum and maximum, respectively, of the included values.

Table VII—Parameters for the Light Truck Fuel Economy Targets for MYs 2017-2026

Model yearParameters
a
(mpg)
b
(mpg)
c
(gal/mi/ft2)
d
(gal/mi)
e
(mpg)
f
(mpg)
g
(gal/mi/ft2)
h
(gal/mi)
201736.2625.090.00054840.00509735.1025.090.00045460.009851
201837.3625.200.00053580.00479735.3125.200.00045460.009682
201938.1625.250.00052650.00462335.4125.250.00045460.009603
202039.1125.250.00051400.00449435.4125.250.00045460.009603
202139.7125.630.0005060.00443NANANANA
202240.3126.020.0004990.00436NANANANA
202340.9326.420.0004910.00429NANANANA
202441.5526.820.0004840.00423NANANANA
202542.1827.230.0004770.00417NANANANA
202642.8227.640.0004690.00410NANANANA

(b)(1) For model year 1979, each manufacturer may:

(i) Combine its 2- and 4-wheel drive light trucks and comply with the average fuel economy standard in paragraph (a) of this section for 2-wheel drive light trucks; or

(ii) Comply separately with the two standards specified in paragraph (a) of this section.

(2) For model year 1979, the standard specified in paragraph (a) of this section for 4-wheel drive light trucks applies only to 4-wheel drive general utility vehicles. All other 4-wheel drive light trucks in that model year shall be included in the 2-wheel drive category for compliance purposes.

(c) For model years 1980 and 1981, manufacturers of limited product line light trucks may:

(1) Comply with the separate standard for limited product line light trucks, or

(2) Comply with the other standards specified in §533.5(a), as applicable.

(d) For model years 1982-91, each manufacture may:

(1) Combine its 2- and 4-wheel drive light trucks (segregating captive import and other light trucks) and comply with the combined average fuel economy standard specified in paragraph (a) of this section; or

(2) Comply separately with the 2-wheel drive standards and the 4-wheel drive standards (segregating captive import and other light trucks) specified in paragraph (a) of this section.

(e) For model year 1992, each manufacturer shall comply with the average fuel economy standard specified in paragraph (a) of this section (segregating captive import and other light trucks).

(f) For each model year 1996 and thereafter, each manufacturer shall combine its captive imports with its other light trucks and comply with the fleet average fuel economy standard in paragraph (a) of this section.

(g) For model years 2008-2010, at a manufacturer's option, a manufacturer's light truck fleet may comply with the fuel economy standard calculated for each model year according to Figure 1 and the appropriate values in Table V, with said option being irrevocably chosen for that model year and reported as specified in §537.8.

(h) For model year 2011, a manufacturer's light truck fleet shall comply with the fleet average fuel economy standard calculated for that model year according to Figure 1 and the appropriate values in Table V.

(i) For model years 2012-2016, a manufacturer's light truck fleet shall comply with the fleet average fuel economy standard calculated for that model year according to Figures 2 and 3 and the appropriate values in Table VI.

(j) For model years 2017-2025, a manufacturer's light truck fleet shall comply with the fleet average fuel economy standard calculated for that model year according to Figures 2 and 4 and the appropriate values in Table VII.

[43 FR 12014, Mar. 23, 1978]

Editorial Note: For Federal Register citations affecting §533.5, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov.

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§533.6   Measurement and calculation procedures.

(a) Any reference to a class of light trucks manufactured by a manufacturer shall be deemed—

(1) To include all light trucks in that class manufactured by persons who control, are controlled by, or are under common control with, such manufacturer; and

(2) To exclude all light trucks in that class manufactured (within the meaning of paragraph (a)(1) of this section) during a model year by such manufacturer which are exported prior to the expiration of 30 days following the end of such model year.

(b) The fleet average fuel economy performance of all light trucks that are manufactured by a manufacturer in a model year shall be determined in accordance with procedures established by the Administrator of the Environmental Protection Agency under 49 U.S.C. 32904 and set forth in 40 CFR part 600. For model years 2017 to 2026, a manufacturer is eligible to increase the fuel economy performance of light trucks in accordance with procedures established by the EPA set forth in 40 CFR part 600, subpart F, including any adjustments to fuel economy the EPA allows, such as for fuel consumption improvements related to air conditioning efficiency, off-cycle technologies, and hybridization and other performance-based technologies for full-size pickup trucks that meet the requirements specified in 40 CFR 86.1803.

(1) A manufacturer that seeks to increase its fleet average fuel economy performance through the use of technologies that improve the efficiency of air conditioning systems must follow the requirements in 40 CFR 86.1868-12. Fuel consumption improvement values resulting from the use of those air conditioning systems must be determined in accordance with 40 CFR 600.510-12(c)(3)(i).

(2) A manufacturer that seeks to increase its fleet average fuel economy performance through the use of off-cycle technologies must follow the requirements in 40 CFR 86.1869-12. A manufacturer is eligible to gain fuel consumption improvements for predefined off-cycle technologies in accordance with 40 CFR 86.1869-12(b) or for technologies tested using the EPA's 5-cycle methodology in accordance with 40 CFR 86.1869-12(c). The fuel consumption improvement is determined in accordance with 40 CFR 600.510-12(c)(3)(ii).

(3) The eligibility of a manufacturer to increase its fuel economy using hybridized and other performance-based technologies for full-size pickup trucks must follow 40 CFR 86.1870-12 and the fuel consumption improvement of these full-size pickup truck technologies must be determined in accordance with 40 CFR 600.510-12(c)(3)(iii).

(c) A manufacturer is eligible to increase its fuel economy performance through use of an off-cycle technology requiring an application request made to the EPA in accordance with 40 CFR 86.1869-12(d). The request must be approved by the EPA in consultation with NHTSA. To expedite NHTSA's consultation with the EPA, a manufacturer shall concurrently submit its application to NHTSA if the manufacturer is seeking off-cycle fuel economy improvement values under the CAFE program for those technologies. For off-cycle technologies that are covered under 40 CFR 86.1869-12(d), NHTSA will consult with the EPA regarding NHTSA's evaluation of the specific off-cycle technology to ensure its impact on fuel economy and the suitability of using the off-cycle technology to adjust the fuel economy performance. NHTSA will provide its views on the suitability of the technology for that purpose to the EPA. NHTSA's evaluation and review will consider:

(1) Whether the technology has a direct impact upon improving fuel economy performance;

(2) Whether the technology is related to crash-avoidance technologies, safety critical systems or systems affecting safety-critical functions, or technologies designed for the purpose of reducing the frequency of vehicle crashes;

(3) Information from any assessments conducted by the EPA related to the application, the technology and/or related technologies; and

(4) Any other relevant factors.

[42 FR 13807, Mar. 14, 1977, as amended at 43 FR 12013, Mar. 23, 1978; 77 FR 63194, Oct. 15, 2012; 85 FR 25274, Apr. 30, 2020]

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§533.7   Preemption.

(a) General. When an average fuel economy standard prescribed under this chapter is in effect, a State or a political subdivision of a State may not adopt or enforce a law or regulation related to fuel economy standards or average fuel economy standards for automobiles covered by an average fuel economy standard under this chapter.

(b) Requirements must be identical. When a requirement under section 32908 of title 49 of the United States Code is in effect, a State or a political subdivision of a State may adopt or enforce a law or regulation on disclosure of fuel economy or fuel operating costs for an automobile covered by section 32908 only if the law or regulation is identical to that requirement.

(c) State and political subdivision automobiles. A State or a political subdivision of a State may prescribe requirements for fuel economy for automobiles obtained for its own use.

[84 FR 51362, Sept. 27, 2019]

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Appendix A to Part 533—Example of Calculating Compliance Under §533.5(i)

Assume a hypothetical manufacturer (Manufacturer X) produces a fleet of light trucks in MY 2012 as follows:

Appendix A Table I

Model typeDescriptionActual measured fuel economy
(mpg)
Volume
GroupCarline nameBasic engine
(L)
Transmission class
1Pickup A 2WD4A5Reg cab, MB27.1800
2Pickup B 2WD4M5Reg cab, MB27.6200
3Pickup C 2WD4.5A5Reg cab, LB23.9300
4Pickup C 2WD4M5Ext cab, MB23.7400
5Pickup C 4WD4.5A5Crew cab, SB23.5400
6Pickup D 2WD4.5A6Crew cab, SB23.6400
7Pickup E 2WD5A6Ext cab, LB22.7500
8Pickup E 2WD5A6Crew cab, MB22.5500
9Pickup F 2WD4.5A5Reg cab, LB22.51,600
10Pickup F 4WD4.5A5Ext cab, MB22.3800
11Pickup F 4WD4.5A5Crew cab, SB22.2800
Total6,700

Note to Appendix A Table I: Manufacturer X's required fleet average fuel economy standard level would first be calculated by determining the fuel economy targets applicable to each unique model type and footprint combination for model type groups 1-11 as illustrated in Appendix A Table II.

Manufacturer X calculates a fuel economy target standard for each unique model type and footprint combination.

Appendix A Table II

Model typeDescriptionBase tire sizeWheelbase
(inches)
Track width F&R average
(inches)
Footprint
(ft2)
VolumeFuel economy target standard
(mpg)
GroupCarline nameBasic engine
(L)
Transmission class
1Pickup A 2WD4A5Reg cab, MB235/75R15100.068.847.880027.30
2Pickup B 2WD4M5Reg cab, MB235/75R15100.068.247.420027.44
3Pickup C 2WD4.5A5Reg cab, LB255/70R17125.068.859.730023.79
4Pickup C 2WD4M5Ext cab, MB255/70R17125.068.859.740023.79
5Pickup C 4WD4.5A5Crew cab, SB275/70R17150.069.071.940022.27
6Pickup D 2WD4.5A6Crew cab, SB255/70R17125.068.859.740023.79
7Pickup E 2WD5A6Ext cab, LB255/70R17125.068.859.750023.79
8Pickup E 2WD5A6Crew cab, MB285/70R17125.069.260.150023.68
9Pickup F 2WD4.5A5Reg cab, LB255/70R17125.068.959.81,60023.76
10Pickup F 4WD4.5A5Ext cab, MB275/70R17150.069.071.980022.27
11Pickup F 4WD4.5A5Crew cab, SB285/70R17150.069.272.180022.27
Total6,700

Note to Appendix A Table II: With the appropriate fuel economy targets determined for each unique model type and footprint combination, Manufacturer X's required fleet average fuel economy standard would be calculated as illustrated in Appendix A Figure 1:

Appendix A Figure 1—Calculation of Manufacturer X's Fleet Average Fuel Economy Standard Using Table II

Fleet average fuel economy standard=

eCFR graphic er15oc12.081.gif

View or download PDF

= 23.7 mpg

Appendix A Figure 2—Calculation of Manufacturer X's Actual Fleet Average Fuel Economy Performance Level Using Table I

Fleet average fuel economy performance =

eCFR graphic er15oc12.082.gif

View or download PDF

= 23.3 mpg

Note to Appendix A Figure 2: Since the actual fleet average fuel economy performance of Manufacturer X's fleet is 23.3 mpg, as compared to its required fleet fuel economy standard of 23.7 mpg, Manufacturer X did not comply with the CAFE standard for MY 2012 as set forth in §533.5(i).

[77 FR 63196, Oct. 15, 2012, as amended at 84 FR 51362, Sept. 27, 2019]

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Appendix B to Part 533—Preemption

(a) Express Preemption:

(1) To the extent that any law or regulation of a State or a political subdivision of a State regulates or prohibits tailpipe carbon dioxide emissions from automobiles, such a law or regulation relates to average fuel economy standards within the meaning of 49 U.S.C. 32919.

(A) Automobile fuel economy is directly and substantially related to automobile tailpipe emissions of carbon dioxide;

(B) Carbon dioxide is the natural by-product of automobile fuel consumption;

(C) The most significant and controlling factor in making the measurements necessary to determine the compliance of automobiles with the fuel economy standards in this part is their rate of tailpipe carbon dioxide emissions;

(D) Almost all technologically feasible reduction of tailpipe emissions of carbon dioxide is achievable through improving fuel economy, thereby reducing both the consumption of fuel and the creation and emission of carbon dioxide;

(E) Accordingly, as a practical matter, regulating fuel economy controls the amount of tailpipe emissions of carbon dioxide, and regulating the tailpipe emissions of carbon dioxide controls fuel economy.

(2) As a law or regulation of a State or a political subdivision of a State related to fuel economy standards, any state law or regulation regulating or prohibiting tailpipe carbon dioxide emissions from automobiles is expressly preempted under 49 U.S.C. 32919.

(3) A law or regulation of a State or a political subdivision of a State having the direct or substantial effect of regulating or prohibiting tailpipe carbon dioxide emissions from automobiles or automobile fuel economy is a law or regulation related to fuel economy standards and expressly preempted under 49 U.S.C. 32919.

(b) Implied Preemption:

(1) A law or regulation of a State or a political subdivision of a State regulating tailpipe carbon dioxide emissions from automobiles, particularly a law or regulation that is not attribute-based and does not separately regulate passenger cars and light trucks, conflicts with:

(A) The fuel economy standards in this part;

(B) The judgments made by the agency in establishing those standards; and

(C) The achievement of the objectives of the statute (49 U.S.C. Chapter 329) under which those standards were established, including objectives relating to reducing fuel consumption in a manner and to the extent consistent with manufacturer flexibility, consumer choice, and automobile safety.

(2) Any law or regulation of a State or a political subdivision of a State regulating or prohibiting tailpipe carbon dioxide emissions from automobiles is impliedly preempted under 49 U.S.C. Chapter 329.

(3) A law or regulation of a State or a political subdivision of a State having the direct or substantial effect of regulating or prohibiting tailpipe carbon dioxide emissions from automobiles or automobile fuel economy is impliedly preempted under 49 U.S.C. Chapter 329.

[84 FR 51362, Sept. 27, 2019]

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