Parts 531 and 533, NPRM, Corporate Average Fuel Economy (CAFE) Preemption

The Edison Electric Institute (EEI) appreciates the opportunity to submit comments on the National Highway Traffic Safety Administration's (NHTSA's) proposed rule Corporate Average Fuel Economy (CAFE) Preemption (Proposal or Proposed Rule). 86 Fed. Reg. 25,980 (May 12, 2021). NHTSA correctly proposes to repeal in their entirety the regulatory changes codified in the Safer Affordable Fuel-Efficient (SAFE) Vehicles Rule Part One: One National Program (SAFE I) rule. 84 Fed. Reg. 51,310 (Sept. 27, 2019). NHTSA also appropriately proposes to repeal and withdraw any additional interpretive statements regarding preemption and NHTSA's authority under the Energy Policy and Conservation Act (EPCA) included in the preamble to SAFE I. EEI is the association that represents all U.S. investor-owned electric companies. Our members provide electricity for 220 million Americans and operate in all 50 states and the District of Columbia. As a whole, the electric power industry supports more than seven million jobs in communities across the United States. EEI member companies invest more than $120 billion annually to make the energy grid smarter, cleaner, more dynamic, more flexible, and more secure in order to provide affordable and reliable electricity to customers. EEI's members are committed to getting the energy they provide as clean as they can as fast as they can, keeping affordability and reliability front and center. Across the nation, EEI's member companies are leading a clean energy transformation, making significant progress to reduce emissions in our sector, while also creating good-paying jobs and an equitable clean energy future. The power sector also will play a key role in reducing emissions economywide through electrification, which will decrease emissions from other sectors—particularly transportation and buildings. NHTSA's proposal now properly recognizes that its preemption approach was legally novel and unsound, created significant tension with the states and other stakeholders, and exceeded the Agency's own authority—and thus appropriately proposes to repeal said approach. NHTSA should do so expeditiously and as proposed. Sincerely, Alex Bond Deputy General Counsel, Climate & Clean Energy Edison Electric Institute