ExecutiveOrdersEO
MemoMemorandumObama · D

Presidential Memorandum

The Energy Independence and Security Act of 2007

President Obama directed the Secretary of Transportation and NHTSA Administrator to publish a final rule by March 30, 2009 increasing fuel economy standards for model year 2011 vehicles, as required by the 2007 Energy Independence and Security Act. The memorandum also instructed consideration of legal, scientific, and preemption issues—including consistency with Massachusetts v. EPA—before finalizing rules for later model years.

Federal Register Open PDF 74 FR 4907

Impact dates

  1. Publish final rule prescribing increased fuel economy for model year 2011

Key directives

  • Publish final rule for model year 2011 fuel economy standards in Federal Register by March 30, 2009
  • Coordinate with EPA in rulemaking
  • Consider EISA legal factors, public comments, technological/scientific considerations, and National Academy of Sciences report before finalizing rules for model years after 2011
  • Evaluate whether preemption provisions are consistent with EISA, Massachusetts v. EPA, and other law

Who is ordered

Timeline

Immediate

  • NHTSA directed to publish final rule for MY 2011 by March 30, 2009

Near term (90d)

  • Final rule publication deadline (March 30, 2009 falls within 90 days of January 26, 2009)

Long term

  • Fuel economy standards increasing through model year 2020
  • Potential reconsideration of state preemption provisions

Risks & tensions

  • Tight 63-day deadline to finalize rule that NHTSA had not yet completed
  • Preemption controversy: some comments argued proposed state law preemption was inconsistent with EISA and Massachusetts v. EPA
  • Implicit tension with Bush administration's approach to state authority on emissions standards
  • Coordination requirement with EPA may introduce interagency friction
Presidential Memorandum: The Energy Independence and Security Act of 2007 · Executive Orders