The Federal Register today published the National Highway Traffic Safety Administration’s proposed rule to repeal the agency’s portions Part 1 of the Trump administration’s Safer Affordable Fuel Efficient (SAFE) Vehicles Rule.
In SAFE 1, NHTSA determined that California’s tailpipe carbon dioxide standards and zero-emission vehicle mandates are “related to” fuel economy standards. Consequently, those policies are preempted under Section 32919(a) of the Energy Policy and Conservation Act.
The SAFE 1 Rule, also known as the One National Program Rule, is available here.
NHTSA’s unnamed proposed rule to repeal the statutory interpretation and regulatory text contributed by the agency to SAFE 1 is available here.