The Energy Independence and Security Act of 2007

[Federal Register Volume 74, Number 17 (Wednesday, January 28, 2009)]
[Presidential Documents]
[Pages 4907-4908]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-1942]

Memorandum of January 26, 2009

The Energy Independence and Security Act of 2007

Memorandum for the Secretary of Transportation [and]
the Administrator of the National Highway Traffic
Safety Administration

In 2007, the Congress passed the Energy Independence
and Security Act (EISA). This law mandates that, as
part of the Nation's efforts to achieve energy
independence, the Secretary of Transportation prescribe
annual fuel economy increases for automobiles,
beginning with model year 2011, resulting in a combined
fuel economy fleet average of at least 35 miles per
gallon by model year 2020. On May 2, 2008, the National
Highway Traffic Safety Administration (NHTSA) published
a Notice of Proposed Rulemaking entitled Average Fuel
Economy Standards, Passenger Cars and Light Trucks;
Model Years 2011-2015, 73 Fed. Reg. 24352. In the
notice and comment period, the NHTSA received numerous
comments, some of them contending that certain aspects
of the proposed rule, including appendices providing
for preemption of State laws, were inconsistent with
provisions of EISA and the Supreme Court's decision in
Massachusetts v. Environmental Protection Agency, 549
U.S. 497 (2007).

Federal law requires that the final rule regarding fuel
economy standards be adopted at least 18 months before
the beginning of the model year (49 U.S.C.
32902(g)(2)). In order for the model year 2011
standards to meet this requirement, the NHTSA must
publish the final rule in the Federal Register by March
30, 2009. To date, the NHTSA has not published a final
rule.

Therefore, I request that:

(a) in order to comply with the EISA requirement that
fuel economy increases begin with model year 2011, you
take all measures consistent with law, and in
coordination with the Environmental Protection Agency,
to publish in the Federal Register by March 30, 2009, a
final rule prescribing increased fuel economy for model
year 2011;

(b) before promulgating a final rule concerning model
years after model year 2011, you consider the
appropriate legal factors under the EISA, the comments
filed in response to the Notice of Proposed Rulemaking,
the relevant technological and scientific
considerations, and to the extent feasible, the
forthcoming report by the National Academy of Sciences
mandated under section 107 of EISA; and

(c) in adopting the final rules in paragraphs (a) and
(b) above, you consider whether any provisions
regarding preemption are consistent with the EISA, the
Supreme Court's decision in Massachusetts v. EPA and
other relevant provisions of law and the policies
underlying them.

This memorandum is not intended to, and does not,
create any right or benefit, substantive or procedural,
enforceable at law or in equity by any party against
the United States, its departments, agencies, or
entities, its officers, employees, or agents, or any
other person.

The Secretary of Transportation is hereby authorized
and directed to publish this memorandum in the Federal
Register.

THE WHITE HOUSE,

Washington, January 26, 2009