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1 of 971 20110 801 _Revised FRN

_EO12866_GHG+Fuel Eff Stds for Med - Heavy - Duty Engines+Vehicles 2060 - AP61 FRM.docx **ENVIRONMENTAL PROTECTION AGENCY**  40 CFR Parts 85, 86, 600, 1033, 1036, 1037, 1039, 1065, 1066, and 1068 **DEPARTMENT OF TRANSP ORTATION**  National Highway Traffic Safet y Administration 49 CFR Parts 5 23, 534, and 5 35 [EPA

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N 2127 - AK74 Greenhouse Gas Emissions Standards and Fuel Efficiency Standards for Medium - and Heav y - Duty

Engines and Vehi cles AGENCIES: Environmental Protection Agency (EPA) and National Highway Traffi c Safety Administration (NHTSA) ACTION: Final Rules

__________________________________________________________________ SUMMARY: EPA and NHTSA , on behalf of the Department of Transportation, are each finalizing rules to establish a comprehensive H eavy - D ut y N ational P rogram that will reduce greenhouse gas emissions and fuel consumption for on - road heav y - dut y vehicles , responding to the President’s directive on May 21, 2010, to take coordinated steps to produce a new generation of clean vehicles . NHTSA’s final fuel consumption standards and EPA’s final carbon dioxide ( CO 2 ) emissions standards are tailored to each of three regulatory

categories of heav y - dut y vehicles: ( 1 ) Combination Tractors ; (2 ) Heav y - duty Pickup Trucks and Vans; and (3) Vocational Vehicles. The rules include separate standards for the engines that power combination tractors and vocational vehicles. Certain rules are exclusive to the EPA program. These include EPA ’ s final hydrofluorocarbon standards to control leakage from air conditioning s ys tems in combination tractors, and pickup trucks and vans. These also include EPA’s final nitrous oxide (N 2 O) and methane (CH 4 ) emissions standards that will appl y to a ll heavy - dut y engines, pickup truck s and vans. EPA’s final greenhouse gas emission standards under the Clean Air Act w ill begin with model year 2014. NHTSA’s final fuel consumption standards under the Energy Independence and Security Act of 2007 w ill b e voluntary in model years 2014 and 2015, becoming mandatory with model year 201 6 for most regulatory categories . Commercial trailers are not regulated in this phase of the Heavy - Duty National Program.***** E.O. 12866 Review**
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2 of 971 The agencies estimate that the combined standards wi ll reduce CO 2 emissions by approximately 2 7 0 million metric tons and save 5 3 0 million barrels of oil over the life of vehicles sold during the 2014 through 2018 model years , providing over $ 7 b illion in net societal benefits, and $4 9 b illion in net societal benefits when private fuel savings are considered . EPA is also finalizing provisions allowing light - duty vehicle manufacturers to use CO 2 credits to meet the light - duty vehicle N 2 O and CH 4 standards , technical amendments to the fuel econo my

provisions for light - dut y vehicles in 40 CFR part 600, and a technical amendment to the criteria pollutant emissions requirements for certain switch locomotives in 40 CFR part 1039. DATES: These final rules are effective on **[Insert date 6**  **0 days after publication in the Federal**  **Register] ,**  sixty day s after date of publication in the Federal Register . The incorporation b y reference of certain publications listed in this regulation is approved b y the Director of the Federal Register as of **[Ins ert date 6**  **0 days after publication**  **in the Federal Register]**  . **ADDRESSES:** EPA and NHTSA have established dockets for this action under Docket ID No. EPA

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– 0162 and NHTSA - 2010 - 0079 , respectively . All documents in the docket are listed on the www. regulations.gov web site. Although listed in the index, some information is not publicly availab le, e.g. , confidential business information or other information whose disclosure is restricted b y statute. Certain other material, such as cop yri ghted material, is not placed on the Internet and will be publicly available onl y in hard copy form. Publicly

available docket materials are available either electronically

through www.regulations.gov or in hard cop y at the following locations: **EPA** : EPA Docket Center, EPA/DC , EPA West Building, 1301 Constitution Ave., N.W., Room 3334, Washington DC. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday

through Friday , excluding legal holiday s. The telephone number for the Public Reading Room is (202) 566

– 174 4, and the telephone number for the Air Docket is (202) 566 - 1742. **NHTSA** : Docket Management Facilit y, M - 30, U.S. Department of Transpo rtation, West Building, Ground Floor, Rm. W12 - 140, 1200 New Jersey Avenue, SE, Washington, DC 20590. The Docket Management Facility is open between 9 a.m. and 5 p.m. Eastern Time, Monday through Friday , except Federal holiday s. **FOR FURTHER INFORMATION CO NTACT:**  NHTSA: Li ly Smith , Office of Chief Counsel, National Highway Traffic Safet y Administration, 1200 New Jersey Avenue, SE, Washington, DC 20590. Telephone: (202) 366 - 2992. EPA: Lauren Steele , Office of Transportation and Air Qualit y, Assessment and Standards Division (ASD), Environmental Protection Agency , 2000 Traverwood Drive, Ann Arbor, MI48105; telephone number: (734) 214 - 4788 ; fax number: (734) 214 - 4816 ; email address: steele.lauren@epa.gov , or contact the Assessment and Standards Division , em ail OTAQPUBLICWEB @epa.gov. SUPPLEMENTARY INFORMATION:***** E.O. 12866 Review**
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### A. **Does this Action Apply to Me** This action affect s companies that manufacture, sell, or import into the United States new heav y - dut y engines and new Class 2b through 8 trucks, including combination tr actors, school and transit buses, vocational vehicles such as utility service trucks, as well as 3⁄4 - ton and 1 - ton pickup trucks and vans. The heav y - duty category incorporates all motor vehicles with a gross vehicle weight rating of 8,500 pounds or greater, and the engines that power them, except for medium - duty passenger vehicles already covered by

the greenhouse gas emissions standards and corporate average fuel econom y standards issued for light - dut y model ye ar 2012 - 2016 vehicles. Regulated categories and entities include the following: Category NAI CS Code a Examples of Potentially Affected Entities Industry 336111 Motor Vehicle Manufacturers, Engine and Truck Manufacturers 336112 336120 Industry 541514 Commercial Importers of Vehicles and Vehicle Components 811112 811198 Industry 336111 Alternative Fuel Vehicle Converters

336112 422720 454312 541514 541690 811198 Industry 333618 Manufacturers, remanufacturers and importers of locomotives and locomotive engines 336510 Note: a North American Industry Classification System (NAICS) This table is not intended to be exhaustive, but rather provides a guide for readers regarding entities likely covered by th ese rules . This table lists the ty pes of entities that the agencies are aware may be regulated by this action. Other ty

pes of entities not listed in the table could also be regulated. To determine whether your activities are regulated by this action, you should carefully examine the applicability criteria in the referenced regulations. You may

direct questions regarding the applicability of this action to the persons listed in the preceding **FOR FURTHER INFORMATION CONTACT** section. **Table of Contents** I. Overview A. Introduction***** E.O. 12866 Review**
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4 of 971 B. Building Blocks of the Heav y - duty National Program C. Summary

of the Final EPA and NHTSA HD National Program D. Summary

of Costs and Benefits of the HD National Program E. Program Flexibilities F. EPA and NHTSA Statutory Authorities G. Future HD GHG and Fuel Consumption Rulemakings II. Final GHG and Fuel Consumption Standards for Heav y - duty Engines and Vehicles A. What Vehicles Will Be Affected? B. Class 7 and 8 Combination Tractors C. Heav y - Dut y Pickup Trucks and Vans D. Class 2b - 8 Vocational Vehicles E. Other Standards III. Feasibility

Assessments and Conclusions A. Class 7 - 8 Combination Tractor B. Heav y - Dut y Pickup Trucks and Vans C. Class 2b - 8 Vocati onal Vehicles IV . Final Regulatory

Flexibility

Provisions A. Averaging, Banking, and Trading Program B. Additional Flexibility

Provisions V. NHTSA and EPA Compliance, Certification, and Enforcement Provisions A. Overview B. Heav y - dut y Pickup Trucks and Vans C. Heav y - Dut y Engines D. Class 7 and 8 Combination Tractors E. Class 2b - 8 Vocational Vehicles F. General Regulatory

Provisions G. Penalties VI . How Will This Program Impact Fuel Consumption, GHG Emissions, and Climate Change? A. What Methodologies Did the Agencies Use to Project GHG Emissions and Fuel Consumption Impacts? B. MOVES Anal ys is C. What Are the Projected Reductions in Fuel Consumption and GHG Emissions? D. Overview of Climate Change Impacts from GHG Emissions E. Changes in Atmospheric CO 2 Concentrations, Global Mean Temperature, Sea Level Rise, and Ocean pH Associated with the Program’s GHG Emissions Reductions VII. How Will This Final Action Impact Non - GHG Emissions and Their Associated Effects? A. Emissions Inventory

I mpacts B. Health Effects of Non - GHG Pollutants C. Environmental Effects of Non - GHG Pollutants D. Air Qualit y Impacts of Non - GHG Pollutants***** E.O. 12866 Review**
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5 of 971 VIII. What are the Agencies’ Estimated Cost, Economic, and Other Impacts of the Final Program? A. Conceptual Framework f or Evaluating Impacts B. Costs Associated With the Final Program C. Indirect Cost Multipliers D. Cost per Ton of Emissions Reductions E. Impacts of Reduction in Fuel Consumption F. Class Shifting and Fleet Turnover Impacts G. Benefits of Reducing CO 2 Emissions H. Non - GHG Health and Environmental Impacts I. Energy Security Impacts J. Other Impacts K. The Effect of Safet y Standards and Voluntary Safet y Improvements on Vehicle Wei ght L. Summary

of Costs and Benefits M. Employ

ment Impacts IX . Anal ys is of the Alternatives A. What Are the Alternatives that the Agencies Considered? B. How Do These Alternatives Compare in Overall GHG Emissions Reductions and Fuel Efficiency

and Cost? C. What I s the Agencies’ Decision Regarding Trailer Standards? X. Public Participation XI . NHTSA’s Record of Decision A. The Agency ’s Decision B. Alternatives Considered by NHTSA in Reaching its Decisio n, Including the Environmentally

Preferable Alternative C. Factors Balanced b y NHTSA in Making its Decision D. How the Factors and Considerations Balanced by NHTSA Entered into its Decision E. The Agency ’s Preferences among Alternatives Based on Relevant Factors, Including Economic and Technical Considerations and Agency Statutory Missions F. Mitigation XII. Statutory

and Executive Order Reviews XIII. Statutory

Provisions and Legal Authorit y 

## I. **Overview A.**  **Introduction** EPA and NHTSA (“the agencies”) are announcing a first - ever program to reduce greenhouse gas (GHG) emissions and fuel consumption in the heavy - dut y highway vehicle sector. This broad sector

– ranging from large pickups to sleeper - cab tractor s – together represent the second largest contributor to oil consumption and GHG emission s***** E.O. 12866 Review**
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6 of 971 from the mobile source sector , after light - dut y passenger cars and trucks. These are the second joint rules issued by the agencies, following on the April 1, 2010 standards to sharply reduce GHG emissions and fu el consumption from MY 2012 - 2016 passenger cars and light trucks (published on May 7, 2010 at 75 FR 25324). In a May 21, 2010 memorandum to the Administrators of EPA and NHTSA (and the Secretaries of Transportation and Energy) , the President stated that “America has the opportunity

to lead the world in the development of a new generation of clean cars and trucks through innovative technologies and manufacturing that will spur economic growth and create high - quality domestic jobs, enhance our energy securi ty , and improve our environment.” 1 , 2 In the May 2010 memorandum, the President specifically request ed the Administrators of EPA and NHTSA to “immediately begin work on a joint rulemaking under the Clean Air Act (CAA) and the Energy Independence and Security Act of 2007 (EISA) to establish fuel efficiency and greenhouse gas emissions standards for c ommercial m edium - and h eav y - d ut y o n - h ighway v ehicles and w ork trucks beginning with the 2014 model year (MY).” In this final rulemaking , each agency is addressing this Memorandum b y adopting rules under its respective authority that together comprise a coordinated and comprehensive HD National Program designed to address the urgent and closely intertwined challenges of reduction of dependence on oil, achi evement of energy securit y, and amelioration of global climate change. At the same time, the final program will enhance American competitiveness and job creation, benefit consumers and businesses b y reducing costs for transporting goods, and spur growth in the clean energy sector. The HD National Program the agencies are finalizing today reflects a collaborative effort between the agencies, a range of public interest nongovernmental organizations (NGOs), the state of California and the regulated industry . At the time of the President’s announcement, a number of major HD truck and engine manufacturers representing the vast majority of this industry , and the California Air Resources Board (California ARB) , sent letters to EPA and NHTSA supporting the cre ation of a HD National Program based on a common set of principles. In the letters, the stakeholders committed to working with the agencies and with other stakeholders toward a program consistent with common principles, including:
 In creased use of existin g technologies to achieve significant GHG emissions and fuel consumption reductions;

1 Improving Energy Security, American Competitiveness and Job Creation, and Environmental Protection Through a Transformation of Our Nation’s Fleet of Cars And Trucks , ” Issued May 21, 2010, published at 75 FR 29399 , May 26, 2010 . 2 The May 2010 Presidential Memorandum also directed EPA and NHTSA, in close coordination with the California Air Resources Board, to build on the National Program for 2012 - 2016 MY light - duty vehicles by developing and proposing coordinated light - duty vehicle standards for MY 2017 - 2025. The agencies have taken an initial step in this process, releasin g a Joint Notice of Intent and Initial Joint Technical Assessment Report in September 2010 (75 FR 62739) , and a Supplemental Notice of Intent (75 FR 76337). The agencies plan to issue a full light - duty vehicle proposal to extend the National Program to MY 2017 - 2025 in September 2011.***** E.O. 12866 Review**
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7 of 971  A program that starts in 2014 and is fully phased in by 2018;  A program that w orks towards harmonization of methods for determining a vehicle’s GHG and fuel efficiency , re cognizing the global nature of the issues and the industry ;  Standards that recognize the commercial needs of the trucking industry ; and  In centives leading to the earl y introduction of advanced technologies. The final rules adopted today reflect these princ iples. The final HD National Program also builds on many years of heav y - duty

engine and vehicle technology development to achieve what the agencies believe is the greatest degree of fuel consumption and GHG emission reduction appropriate , technologically and economicall y feasible, and cost - effective for model ye ars 2014 - 2018 . Inaddition to taking aggressive steps that are reasonabl y possible now, based on the technological opportunities and pathway s that present themselves during these model years , the agencies and industry will also continue learning about emerging opportunities for this complex sector to further reduce fuel consumption and GHG emission through future regulatory steps . Similarly , the agencies will parti cipate in efforts to impro ve our ability to accuratel y characterize the actual in - use fuel consumption and emissions of this complex sector. As technologies progress in the coming years and as the agencies improve the regulatory

tools to evaluate real world vehicle performance , we expect that we will develop a second phase of regulations to reinforce these initial rules and achieve further reductions in GHG emissions and fuel consumption reduction for the mid - and longer term time frame (beyond 2018) . The agencies are committed to working with all interested stakeholders in this effort and to the extent possible working towards alignment with similar programs being developed in Canada, Mexico, Europe, China, and Japan. In doing so, we will continue to evaluate man y of the structur al and technical decisions we are making in today ’s final action in the context of new technologies and the new regulatory

tools that we expect to realize in the future. The regulatory

program we are finalizing today is largel y unchanged from the proposal the agencies made on November 30, 2010 ( See 75 FR 741512). The structure of the program and the stringency of the standards are essentiall y the same as proposed. We have made a number of changes to the testing requirements and reporting requirements to p rovide greater regulatory certaint y and better align the NHTSA and EPA portions of the program. In response to comments, we have also made some changes to the averaging, banking and trading (ABT) provisions of the program that will make implementation of this final program more flexible for manufacturers. We have added provisions to further encourage the development of advanced technologies and to provide a more straightforward mechanism to certify engines and vehicles using innovative technologies. Fina lly in response to comments, we have made some technical changes to our emissions compliance model that results in different numeric standards for both combination tractors and vocational vehicles to more accurately characterize emissions while maintaining the same overall stringency and therefore expected costs and benefits of the program.***** E.O. 12866 Review**
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8 of 971 Heav y - dut y vehicles move much of the nation ’ s freight and carry out numerous other tasks, including utility work, concrete delivery , fire response, refuse collection, an d many more. Heavy - dut y vehicles are primaril y powered b y diesel engines, although about 37 percent of these vehicles are powered b y gasoline engines. 3 Heav y - duty trucks 4 have long been an important part of the goods movement infrastructure in this country and have experienced significant growth over the last decade related to increased imports and exports of finished goods and increased shipping of finished goods to homes through internet purchases. The heav y - duty

sector is extremely

diverse in several r espects, including t ypes of manufacturing companies involved, the range of sizes of trucks and engines they produce, the t ypes of work the trucks are designed to perform, and the regulatory history of different subcategories of vehicles and engines. The c urrent heav y - dut y fleet encompasses vehicles from the “ 18 - wheeler ” combination tractors one sees on the highway to school and transit buses, to vocational vehicles such as utility service trucks, as well as the largest pickup trucks and vans. For purposes of this preamble, the term “ heavy - duty” or “ HD ” is used to apply to all highway

vehicles and engines that are not within the range of light - dut y vehicles, light - duty trucks, and medium - duty passenger vehicles (MDPV) covered by the GHG and Corporate Average Fuel Economy (CAFE) standards issued for MY 2012 - 2016. 5 Italso does not include motorcycles. Thus, in this rulemaking, unless specified otherwise, the heav y - dut y category incorporates all vehicles with a gross vehicle weight rating above 8,500 pounds, and the engines that power them, except for MDPVs. 6 The agencies proposed to cover all segments of the heav y - dut y category above, except with respect to recreati onal vehicles (RV’s or motor homes). We note that the Energy Independence and Security Act of 2007 requires NHTSA to set standards for “ commercial medium - and heav y - dut y on - highway vehicles and work trucks. ” 7 The standards that EPA is finalizing today cov er r ecreational on - highway vehicles, while NHTSA proposed not to include recreational vehicles based on an interpretation of the term “commercial medium - and heav y - dut y on - highway commercial” vehicles.

3 References in this preamble to “gasoline” engines (and the vehicles pow ered by them) generally include other Otto - cycle engines as well, such as those fueled by ethanol and natural gas, except in contexts that are clearly ga soline - specific. 4 In this rulemaking, EPA and NHTSA use the term “truck” in a general way, referring to all categories of regulated heavy - duty highway vehicles (including buses). As such, the term is generally interchangeable with “heavy - duty vehicle.” 5 Light - Duty Vehicle Greenhouse Gas Emission Standards and Corporate Average Fuel Economy Standards; Final Rule 75 FR 25323, May 7, 2010. 6 The CAA defines heavy - duty as a truck , bus or other motor vehicles with a gross vehicle w eight rating exceeding 6 , 000 pounds ( CAA section 202(b)(3) ) . The term HD as used in this action refers to a subset of these vehicles and engines. 7 49 U.S.C. 32902(k)(2). “Commercial medium - and heavy - duty on - highway vehicles” are defined as on highway vehicles with a gross veh icle weight rating of 10,000 pounds or more, while “work trucks” are defined as vehicles rated between 8,500 and 10,000 pounds gross vehicle weight that are not MDPVs. See 49 U.S.C. §§ 32901(a)(7) and (a)(19).***** E.O. 12866 Review**
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9 of 971 NHTSA stated in the NPRM that recreational vehicles are non - commercial, and therefore outside of the term and the scope of its rule. Oshkosh Corporation commented that this interpretation did not match the statutory definition of the term in EI SA, which defines “commercial medium - and heav y duty on - highway vehicle” by

weight only , 8 and that therefore the agency ’s interpretation of the term should be explicitly broadened to include all vehicles , and more than only vehicles that are not engaged in interstate commerce as defined b y the Federal Motor Carrier Sa fet y Administration in 49 CFR § 202. Alternativel y, Oshkosh suggested that if NHTSA followed the definition provided in EI SA, which makes no direct reference to the concept of “commercial,” there would be no logical reason to exclude RVs based on that def inition. NHTSA has considered Oshkosh’s comment and reconsidered its interpretation that effectively

read words into the statutory definition. G iven the very wide variet y of vehicles contained in the HD fleet, reading those words into the definition and thereb y exclud ing certain ty

pes of vehicles could create illogical results , i.e., treating similar vehicles differentl y . Therefore, NHTSA will adhere to the statutory definition contained in EI SA for this rulemaking. However, a s RVs were not included by NHTSA in the proposed regulation in the NPRM, they are not within the scope and must be excluded in NHTSA’s portion of the final program . Accordingl y, NHTSA will address this issue in the next rulemaking . However, as noted, RVs are subject to the CO 2 standards for vocational vehicles. Setting fuel consumption standards for the heav y - duty sector, pursuant to NHTSA’s EISA authority , will also improve our energy and national security by reducing our dependence on foreign oil , which has been a national objective since the first oil price shocks in the 1970s. Net petroleum imports now account for approximately 49 - 51 percent of U.S. petroleum consumption. World crude oil production is highly concentrated, exacerbating the risks of su ppl y disruptions and price shocks as the recent unrest in North Africa and the Persian Gulf highlights. Recently , oil prices have been over $100 per barrel, gasoline and diesel fuel prices in excess of $4 per gallon , causing financial hardship for many families and businesses . The export of U.S. assets in exchange for oil imports continues to be an important component of the historically unprecedented U.S. trade deficits. Transportation accounts for about 72 percent of U.S. petroleum consumption. Heav y - dut y vehicles account for about 17 percent of transportation oil use, which means that they alone account for about 12 percent of all U.S. oil consumption . 9 Setting GHG emissions standards for the heav y - duty sector will help to ameliorate climate change . The EPA Administrator found after a thorough examination of the scientific evidence on the causes and impact of current and future climate change, and careful review of public comments, that the science compellingl y supports a positive finding that atmosph eric concentrations of six greenhouse gases taken in combination

8 See 49 U.S.C. 32902(k)(2), Note 7 above. 9 In 2009 Source: EIA Annual Energy Outlook 2010 released May 11, 2010 .***** E.O. 12866 Review**
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10 of 971 result in air pollution which may reasonabl y be anticipated to endanger both public health and welfare and that the combined emissions of these greenhouse gases from new motor vehicles and engines contributes to the greenhouse gas air pollution that endangers public health and welfare. In her finding, the Administrator carefull y studied and relied heavil y upon the major findings and conclusions from the recent assessments of the U.S. Climate Change Science Program and the U.N. Intergovernmental Panel on Climate Change. 74 FR 66496, December 15, 2009 . As summarized in the Technical Support Document for EPA ’ s Endangerment and Cause or Contribute Findings under s ection 202(a) of the Clean Air Act, anthropogenic emissions of GHGs are very likel y ( a 90 to 99 percent probability) the c ause of most of the observed global warming over the last 50 y ears. 10 P rimary GHGs of concern are carbon dioxide (CO 2 ), methane (C H 4 ), nitrous oxide (N 2 O ) , hydrofluo rocarbons (HFCs) , perfluorocarbons (PFCs) , and sulfur hexafluoride (SF 6 ) . Mobile sources emitted 31 percent of all U.S. GHGs in 2007 (transportation sources, which do not include certain off - highway sources, account for 28 percent) and have been the fastest - growing source of U.S. GHGs since 1990. 11 Mobile sources addressed in EPA’s endangerment and contribution findings under CAA section 202(a) -- light - duty vehicles, heavy - dut y trucks, buses, and motorcycles -- accounted f or 23 percent of all U.S. GHG emissions in 2007. 12 Heavy - dut y vehicles emit CO 2 , C H 4 , N 2 O , and HFCs and are responsible for nearly 19 percent of all mobile source GHGs (nearly 6% of all U.S. GHGs) and about 25 p ercent of s ection 202(a) mobile source GHGs . For heav y - dut y vehicles in 2007 , CO 2 emissions represent ed more than 99 percent of all GHG emissions (including HFCs ) . 13 In developing this HD National program , the a gencies have worked with a large and diverse group of stakeholders representing truck and engine manufacturers, trucking fleets, environmental organizations , and states including the State of California. 14 Further , it is our expectation based on our ongoing work with the State of California that the California ARB will be able to adopt regulations equivalent in practice to those of this HD National Program , just as it has done for past EPA regulation of heavy - duty trucks and engines. NHTSA and EPA have been working with C alifornia ARB to enable that outcome. In light of the industry ’ s diversity , and consistent with the recommendations of the National Academ y of Sciences (NAS) as discussed further below, the agencies are adopting a HD National Program that recognizes the different sizes and work
10 U.S. EPA. (2009). “ Technical Support Document for Endangerment and Cause o r Contribute Findings for Greenhouse Gases Under Section 202(a) of the Clean Air Act” Washington, D.C., available at Docket: EPA - HQ - OAR - 2009 - 0 171 - 11 645 , and at http://epa.gov/climatechange/endangerment.html. 11 U.S. Environmental Protection Agency. 2009. Inventory of U.S. Greenhouse Gas Emissions and Sinks: 1990 - 2007. EPA 430 - R - 09 - 004. Available at http://epa.gov/climatechange/emissions/downloads09/GHG2007entire_report - 508.pdf 12 See Endangerment TSD, Note 10 , above, at pp. 180 - 194. 13 U.S. Environmental Protection Agency. 2009. Inventory of U.S. Greenhouse Gas Emissions and Sinks: See Note 11 , above. 14 Pursuant to DOT Order 2100.2, NHTSA has docketed a memorandum recording those meetings that it attended and documents submitted by stakeholders which formed a basis for this action and w hich can be made publicly available in its docket for this rulemaking. DOT Order 2100.2 is available at http://www.reg - group.com/library/DOT2100 - 2.PDF .***** E.O. 12866 Review**
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11 of 971 requirements of this wide range of heav y - duty vehicles and their engines. NHTSA ’ s final fuel consumption standards and EPA ’ s final GHG standards appl y to manufacturers of the following t ypes of heavy - duty vehicles and their engines; the final provisions for each of these are described in more detail below in this section:
 Heav y - dut y Pickup Trucks and Vans  Combination Tractors  Vocational Vehicles As in the light - dut y 2012 - 2016 MY vehicle rule, EPA ’ s and NHTSA ’ s final standards for the heav y - duty sector are largely harmonized with one another due to the close and direct relationship between improving the fuel efficiency of these vehicles and reducing their CO 2 tailpipe emissions. For all vehicles that consume carbon - based fuels, the amount of CO 2 exhaust emissions is essentially constant per gallon for a given ty pe of fuel that is consumed. T he more efficient a heav y - duty truck is in completing its work, the lower its environmental impact will be , because the less fuel consume d to move cargo a given distance, the less CO 2 that truck emits directly into the air. T he technologies available for improving fuel efficiency , and therefore for reducing both CO 2 emissions and fuel consumption, are one and the same. 15 Because of this close technical relationship, NHTSA and EPA have been able to rely on jointl y - developed assumptions, anal ys es, and anal yt ical conclusions to support the standards and other provisions that NHTSA and EPA are ad opting under our separate legal authorities. This program is based on standards for direct exhaust emissions from engines and vehicles. In characterizing the overall emissions impacts, benefits and costs of the program, analy ses of air pollutant emissions from upstream sources have been conducted. In this action, the agencies use the term upstream to include emissions from the production and distribution of fuel. A summary of the anal ys is of upstream emissions can be found in Section VI.C of this preamble , and further details are available in Chapter 5 of the RIA. The timelines for the implementation of the final NHTSA and EPA standards are also closely

coordinated. EPA ’ s final GHG emission standards will begin in model y ear 2014. In order to provide for the four full model years of regulatory lead time required by EISA, as discussed in Section I. B. (5) below, NHTSA ’ s final fuel consumption standards will be voluntary in model years 2014 and 2015, becoming mandatory in model ye ar 2016, except for diesel engine standards which will be voluntary in model years 2014, 2015 and 2016, becoming mandatory in model year 2017. Both agenc ies are also allowing for early

compliance in model ye ar 2013. A detailed discussion of how the final standards are consistent with each agency ’ s respective statutory requirements and authorities is found later in this preamble.

15 How ever, as discussed below , in addition to addressing CO 2 , the EPA ’ s final standards also include provis ions to address other GHGs (nitrous oxide, methane, and air conditioning refrigerant emissions). See Section II .***** E.O. 12866 Review**
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12 of 971 Allison Transmission stated that sufficient time must be tak en before issuing the final rule s in order to ensure that the standards are supportable. As explained in Sections II and III below, as well as in the RIA, the agencies believe there is sufficient lead time to meet all of the standards adopted in today ’s r ules. For those areas for which the agencies have determined that insufficient time is available to develop appropriate standards, such as for trailers, the agencies are not including regulations as part of this initial program. NHTSA received several comments related to the timing of the implementation of its fuel consumption standards. The E ngine Manufacturers Association (E MA ) , the National Automobile Dealers Association (NADA ) , The Volvo Group ( Volvo ) , and Navistar argued that the timing of NHTSA’s st andards violated the lead time requirement of 49 U.S.C. 32902(k)(3)(A), which states that standards under the new medium - and heav y - dut y program shall have “not less than 4 full model y ears of regulatory lead - time.” The commenters seemed to interpret the voluntary program as the imposition of regulation upon industry . NADA described NHTSA’s standards during the voluntary period as “mandates.” NHTSA has reviewed this issue and believes that the regulatory schedule is consistent with the lead time require ment of 32902(k)(3). To clarify , NHTSA will not be imposing a mandatory

regulatory

program until 2016, and none of the voluntary standards will be “mandates.” As described in later sections, the voluntary standards would only

appl y to a manufacturer if i t makes the voluntary and affirmative choice to opt - in to the program. 16 Mandatory NHTSA standards will first come into effect in 2016, giving industry

four full y ears of lead time with the NHTSA fuel consumption standards. EMA, NADA, and Navistar also argued that the proposed standards would violate the stability

requirement of 49 U.S.C. 32902(k)(3)(B), which states that they shall have “not less than 3 full model y ears of regulatory stability .” EMA stated that since there are HD emission standards tak ing effect in 2013, the 2014 implementation date for this rule would violate the stability requirements. NADA argued that the MY 2014 - 2017/2018 phase - in period was inadequate to fulfill the stability requirement. Congress has not spoken directly to the meaning of the words “regulatory stability .” NHTSA believes that the “regulatory stability” requirement exists to ensure that manufacturers will not be subject to new standards in repeated rulemakings too rapidly , given that Congress did not include a minimum duration period for the MD/HD standards. 17 NHTSA further believes that s tandards , which as set provide for increasing stringency during the period that the standards are applicable under this rule to be the maximum feasible during the regulatory period , are within the meaning of the statute . In this statutory

context, NHTSA interprets the phrase “regulatory stability” in § 32902(k)(3)(B) as requiring that the standards remain in effect for three years before they

16 Prior to or at the same time that a manufacturer submits its first application for a certificate of conformity; See Section V below . 17 In c ontrast, light - duty

standards must remain in place for “at least 1, but not more than 5, model years.” 23902(b)(3)(B).***** E.O. 12866 Review**
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13 of 971 may be increased b y amendment . It does not prohibit standards which contain pre determined stringency

increases. As laid out in Section II below, NHTSA’s final standards follow different phase in schedules based on differences between the regulatory categories. Consistent with NHTSA’s statutory

obligation to implement a program designed to achieve the maximum feasible fuel efficiency

improvement, the standards increase in stringency based upon increasing fleet penetration rates for the available technologies. The NPRM proposed phase - in schedules aligned with EPA’s, some of which followed pre - determined stringency

increases. The NPRM also noted that NHTSA was considering alternate standards that would not change in stringency during the time frame when the regulations are effective for those standards that increased throughout the mandatory program . As described in Section II below, the final rule includes the proposed alt ernate standards for those standards that follow such a stringenc y phase - in path. Therefore , NHTSA believes that the final rule provides ample stability for each standard. Each standard, associated phase - in schedule, and alternative standard implemented by

this final rule w as noticed in the NPRM. Those fuel consumptio n standards that become mandatory in 2017 will remain in effect through at least 2019. This further ensures that the fuel consumption standards in this rule will remain in effect for at least three ye ars, providing the statutorily - mandated three full year s of regulatory stability , and ensuring that manufacturers will not be subject to new or amended standards too rapidl y. (The greenhouse gas emission standards remain in effect unless and until amended in all later model ye ars in an y case.) Therefore, NHTSA believes the commenters’ concern about regulatory stability is addressed in the structure of the rule. Neither EPA nor NHTSA is adopting standards at this time for GHG emissions or fuel consumption, respectively , for heav y - dut y commercial trailers or for vehicles or engines manufactured b y small business es. The agencies recognize that aerody namic and tire rolling resistance improvements to trailers represent a significant opportunity to reduce fuel consumption and GHGs as evidenced , among other things, by the work of the EPA SmartWay

program. While we are deferring action today on setting trailer standards, the agencies are committed to moving forward to create a regulatory program for trailers that would complement the current vehicle pro gram. See Section IX for more details on the agencies’ decisions regarding trailers, and Sections II and XI I for more details on the agencies’ decisions regarding small businesses. The agencies have anal yzed in detail the projected costs , fuel savings, and benefits of the final GHG and fuel consumption standards. Table I - 1 shows estimated lifetime discounted program cost s (including technological outlay s) , fuel savin gs, and benefits for all heav y - duty vehicles projected to be sold in model years 2014 - 2018 over these vehicles’ lives . Section I .D includes additional information about this analy sis.***** E.O. 12866 Review**
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14 of 971 **Table I**  **- 1**  **: Estimated Lif**  **etime Discounted Costs, Fuel Savings,**  **Benefits, and Net Benefits for**  **2014 -**  **2018 Model Year Heavy**  **- Duty Vehicles**  **a,b (**  **Billions, 200**  **9$ )**  Lifeti me Present V alue c

– 3% Discount Rate Program Costs $ 8.1 Fuel Savings $ 50 Benefits $ 7.3 Net Benefits d $49

Annualized V alue e

– 3% Discount Rate Annualized Costs $0.4 Fuel Savings $2.2 Annualized Benefits $0.4 Net Benefits d $2.2

Lifetime Present V alue c - 7% Discount Rate Program Costs $ 8.1 Fuel Savings $ 34 Benefits $6.7 Net Benefits d $ 33

Annualized V alue e

– 7% Discount Rate Annualized Costs $0.6 Fuel Savings $2.6 Annualized Benefits $0.5 Net Benefits d $2.5 Note s: a The agencies estimated the benefits associated with four different values of a one ton CO 2 reduction ( mo del average at 2.5% discount rate, 3%, and 5%; 95 th percentile at 3% ), which each increase over time. F or the purposes of this overview presentation of estimated costs and benefits , however, we are showing the benefits associated with the marginal value deemed to be central by the interagency working group on this topic: the mo del average at 3% discount rate , in 200 9 dollars. Section VIII.F provides a complete list of values for the 4 estimates . b Note that net present value of reduced GHG emissions is calculated differently than other benefits. The same discount rate used to discount the value of damages from future emissions (SCC at 5, 3, and 2.5 percent) is used to calculate net present value of SCC for internal consistency. Refer to Section VIII.F for more detail . c Present value is the total, aggregated amount that a series of monetized costs or benefits that occur over time is worth now (in year 2009 dollar terms), discounting future values t o the present. d Net benefits reflect the fuel savings plus benefits minus costs. e T he annualized value is the constant annual value through a given time period (2012 through 2050 in this analysis) whose summed present value equals the present value from which it was derived .***** E.O. 12866 Review**
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15 of 971 

### B. **Building Block** **s of the**  **Heavy -**  **duty National Progra**  **m** The standards that are being adopted in this notice represent the first time that NHTSA and EPA are regulating the heav y - dut y sector for fuel consumption and GHG emissions, respectivel y. The HD National Program is rooted in EPA’s prior regulatory history , the SmartWay  Transport Partnership program, and extensive technical and engineering anal ys es done at the federal level. This section summarizes some of the most important of these precursors and foundations for this HD National Program. **(1) EPA’s**  **Traditional Heavy -**  **duty Regulatory Program** Since the 1980s, EPA has acted several times to address tailpipe emissions of criteria pollutants and air toxics from heavy - dut y vehicles and engines. During the last 18 years, these programs have primaril y addressed emissions of particulate matter (PM) and the primary

ozone precursors, h ydrocarbons (HC) and oxides of nitrogen (NO X ). These programs have successfully achieved significant and cost - effective reductions in emissions and associated health and welfare benefits to the nation. They have been structured in way s that account for the varying circumstances of the engine and truck industries. As required by the CAA, the emission standards implemented by these programs include standards that apply at the time that the vehicle or engine is sold as well as standards that appl y in actual use. As a result of these programs, new vehicles meeting current emission standards will emit 98 percent less NO X and 99 percent less PM than new trucks 20 ye ars ago. The resulting emission reductions provide significant public health and welfare benefits. The most recent EPA regulations which were fully phased - in in 2010, the monetized health and welfare benefits alone are projected to be greater than $70 billion in 2030

– benefits far exceeding compliance costs and not including the unmonetized benefits resulting from reductions in air toxics and ozone precursors ( 66 FR 5002, January

18, 2001 ). EPA ’ s ov erall program goal has alway s been to achieve emissions reductions from the complete vehicles that operate on our roads. The agency has often accomplished this goal for man y heav y - duty truck categories through the regulation of heavy - duty engine emissions. A key part of this success has been the development over many years of a well - established, representative, and robust set of engine test procedures that industry and EPA now routinel y use to measure emissions and determine compliance with emission standards. These test procedures in turn serve the overall compliance program that EPA implements to help ensure that emissions reductions are being achieved. By isolating the engine from the many variables involved when the engine is installed and operated in a HD vehicle, EPA has been able to accuratel y address the contribution of the engine alone to overall emissions. The agencies discuss below how the final program incorporates the existing engine - based approach used for criteria pollutant regulations, as well as new vehicle - based approaches.***** E.O. 12866 Review**
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16 of 971 **(2) NHTSA**  **’ s Responsibilities to**  **Regulate Heavy**  **- Duty Fuel Efficiency under**  **EISA** With the passage of the EI SA in December 2007, Congress laid out a framework developing the first fuel efficiency regulations for HD vehicles. As codified at 49 U.S.C. 32902(k), EISA requires NHTSA to develop a regulatory s ys tem for the fuel efficiency of commercial medium - duty and heavy - duty

on - highway

vehicles and work trucks in three steps: a study

by NAS, a study

by NHTSA, and a rulemaking to develop the regulations themselves. 18 Specificall y, section 102 of EI SA, codified at 49 U.S.C. 32902(k)(2), states that not later than two years after completion of the NHTSA study, DOT (b y delegation, NHTSA), in consultation with the Department of Ener gy (DOE) and EPA, shall develop a regulation to implement a “ commercial medium - duty and heav y - duty

on - highway vehicle and work truck fuel efficiency improvement program designed to achieve the maximum feasible improvement. ” NHTSA interprets the timing req uirements as permitting a regulation to be developed earlier, rather than as requiring the agency to wait a specified period of time. Congress specified that as part of the “ HD fuel efficiency improvement program designed to achieve the maximum feasible improvement, ” NHTSA must adopt and implement:
 Appropriate test methods;  Measurement metrics;  Fuel economy

standards; 19 and  Compliance and enforcement protocols. Congress emphasized that the test methods, measurement metrics, standards, and compliance and enfo rcement protocols must all be appropriate , cost- effective , and technologically feasible for commercial medium - duty and heav y - dut y on - highway vehicles and work trucks. NHTSA notes that these criteria are different from the “ four factors ” of 49 U.S.C. 32902 (f) 20 that have long governed NHTSA ’ s setting of fuel econom y standards for passenger cars and light trucks, although man y of the same issues are considered under each of these provisions.

18 The NAS study is described below , and the NHTSA study accompanies this FRM. 19 In the context of 49 U.S.C. 32902(k), NHTSA interprets “fuel economy standards” as referring not specifically to miles per gallon, as in the light - duty vehicle context, but instead more broadly to account as accurately as possible for MD/HD fuel efficiency . While it is a metric that NHTSA con sidered for setting MD/HD fuel efficiency standards, the agency recognizes that miles per gallon may not be an appropriate metric given the work that MD/HD vehicles are manufactured to do . NHTSA is thus finalizing alternative metrics as discussed further below . 20 49 U.S.C. 32902(f) states that “When deciding maximum feasible average fuel economy under this section, [NHTSA] shall consider technological feasibility, economic practicability, the effect of other motor vehicle standards of the Government on fue l economy, and the need of the United States to conserve energy.”***** E.O. 12866 Review**
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17 of 971 Congress also stated that NHTSA may set separate standards for diffe rent classes of HD vehicles, which the agency interprets broadly

to allow regulation of HD engines in addition to HD vehicles, and provided requirements new to 49 U.S.C. 32902 in terms of timing of regulations, stating that the standards adopted as a resul t of the agency ’ s rulemaking shall provide not less than four full model y ears of regulatory lead time, and three full model ye ars of regulatory stability . **(3) National Academy of**  **Sciences Report on Heavy**  **- Duty Technology**  In April 2010 a s mandated by Congress in EISA, the National Research Council (NRC) under NAS issued a report to NHTSA and to Congress evaluating medium - duty and heav y - dut y truck fuel efficiency improvement opportunities , titled “ Technologies and Approaches to Reducing the Fuel Consumption of Medium - and Heav y - duty Vehicles. ” 21 This study

covers the same universe of heavy - duty vehicles that is the focus of this final rulemaking

– all highway vehicles that are not light - duty , MDPVs, or motorcycles. The agencies have carefully evaluated the res earch supporting this report and its recommendations and have incorporated them to the extent practicable in the development of this rulemaking. The NAS report is far reaching in its review of the technologies that are available and which may

become availa

ble in the future to reduce fuel consumption from medium and heav y - dut y vehicles. In presenting the full range of technical opportunities the report includes technologies which may not be available until 2020 or even further into the future. As such, the report provides not only a valuable list of off the shelf technologies from which the agencies have drawn in developing this near - term 2014 - 2018 program consistent with statutory

authorities and with the set of principles set forth by the President, but the report also provides a road map the agencies can use as we look to develop future regulations for this sector. A review of the technologies in the NAS report makes clear that there are not only man y technologies readil y available today to achieve important reductions in fuel consumption, like the ones we used in developing the 2014 - 2018 program, but there are also great opportunities for even larger reductions in the future through the development of advanced h ybrid drive systems and sophisticated engin e technologies such as Rankine waste heat recovery . The agencies will again make extensive use of this report when we move forward to develop the next phase of regulations for medium and heav y - dut y vehicles. Allison Transmission commented that NHTSA (impl icitly , both agencies) had improperly

relied on the NAS report and failed to do sufficient independent anal ys is, which Allison claimed did not meet the statutory obligation to provide an adequate basis for the rule. First, an agency does not improperl y de legate its authorit y or judgment merel y b y using work performed b y outside parties as the factual basis for its decision making. See U.S. Telecom Ass’n v. FCC, 359 F.3d 554, 568 (D.C. Cir. 2004); United 21 Committee to Assess Fuel Economy Technologies for Medium - and Heavy - Duty Vehicles; National Research Council; Transportation Research Board (2010). “Technologies and Approaches to Reducing the Fuel Consumption of Medium - and Heavy - Duty Vehicles,” (hereafter, “NAS Report”). Washington, D.C., The National Academies Press. Available electronically from the National Academies Press Website at http://www.nap.edu/catalog. php?record_id=12845 (las t accessed September 10, 2010).***** E.O. 12866 Review**
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18 of 971 Steelworkers of Am. v. Marshall, 647 F.2d 1189, 1216 - 17 (D.C. Cir. 1980). Here, although EPA and NHTSA carefull y considered the NAS report, the agencies’ consideration and use of the report was not uncritical and the agencies exercised reasonable independent judgment in developing the proposed and final rule s . Consistent with EI SA’s direction, NAS submitted a report evaluating MD/HD fuel economy standards to NHTSA in March of 2010. Indeed, many commenters argued that the agencies should have adopted more of the NAS report recommendations. The agencies revie wed the findings and recommendations of the NAS report when developing the proposed rule s , as was clearl y intended b y Congress, but also conducted an independent study , as described throughout the record to the propos al and summarized in Section X of the N PRM , 75 FR at 74351 - 56. In conducting its anal ys is of the NAS report, the agencies found that several key recommendations, such as the use of fuel efficiency metrics, were the best approach to implementing the new program. However, the agencies rejected other recommendations of the NAS report, for example , by proposing separate regulation of engines and vehicles and the regulation of large manufacturers. **(4) The NHTSA and EPA Light**  **- duty National GHG and Fuel Economy**  **Program** On May 7, 2010, EPA and NHTSA finalized the first - ever National Program for light - duty cars and trucks, which set GHG emissions and fuel economy standards for model years 2012 - 2016 ( See 75 FR 25324). The agencies have used the light - duty National Program as a model for this final HD N ational Program in man y respects. This is most apparent in the case of heav y - dut y pickups and vans, which are very similar to the light - duty trucks addressed in the light - dut y National Program both technologically as well as in terms of how they are manuf

actured (i.e., the same company often makes both the vehicle and the engine). For these vehicles, there are close parallels to the light - dut y program in how the agencies have developed our respective final standards and compliance structures, although, as discussed below, the technologies applied to light duty trucks are not invariably

applicable to heavy - duty pickups and vans at the same penetration rates in the lead time afforded in this heav y - dut y action. Another difference is that each agency

adopts s tandards based on attributes other than vehicle footprint, as discussed below. Due to the diversit y of the remaining HD vehicles, there are fewer parallels with the structure of the light - duty program. However, the agencies have maintained the same collab oration and coordination that characterized the development of the light - dut y program. Most notably , as with the light - dut y program, manufacturers will be able to design and build vehicles to meet a closel y coordinated, harmonized national program, and av oid unnecessaril y duplicative testing and compliance burdens. **(5) EPA’s**  **Sm artWay Program**  EPA ’ s voluntary

SmartWay

Transport Partnership program encourages shipping and trucking companies to take actions that reduce fuel consumption and CO 2 by working with the shipping community and the freight sector to identify low carbon strategies and technologies, and b y providing technical information, financial incentives, and partner***** E.O. 12866 Review**
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19 of 971 recognition to accelerate the adoption of these strategies. Through the SmartWay program, EPA has worked closely with truck manufacturers and truck fleets to develop test procedures to evaluate vehicle and component performance in reducing fuel consumption and has conducted testing and has established test programs to ve rify technologies that can achieve these reductions. Over the last six years, EPA has developed hands - on experience testing the largest heav y - dut y trucks and evaluating improvements in tire and vehicle aerodynamic performance. In 2010, according to vehic le manufacturers, approximately five percent of new combination heavy - dut y trucks will meet the SmartWay

performance criteria demonstrating that they represent the pinnacle of current heav y - duty truck reductions in fuel consumption. In developing this HD National Program, the agencies have drawn from the SmartWay

experience, as discussed in detail both in Sections II and III below (e.g., developing test procedures to evaluate trucks and truck components) but also in the RIA (estimating performance levels f rom the application of the best available technologies identified in the SmartWay program). These technologies provide part of the basis for the GHG emission and fuel consumption standards in this rulemaking for certain ty pes of new heav y - dut y Class 7 and 8 combination tractors. In addition to identifying technologies, the SmartWay program includes operational approaches that truck fleet owners as well as individual drivers and their freight customers can incorporate , that the NHTSA and EPA believe will c omplement the final standards. These include such approaches as improved logistics and driver training, as discussed in the RIA . This approach is consistent with the one of the three alternative approaches that the NAS recommended be considered. The thr ee approaches were raising fuel taxes, relax ing truck size and weight restrictions, and encouraging incentives to disseminate information to inform truck drivers about the relationship between driving behavior and fuel savings. Taxes and truck size and we ight limits are mandated b y public law; as such, these options are outside EPA ’ s and NHTSA ’ s authorit y to implement. However, complementary operational measures like driver training, which SmartWay does promote, can complement the final standards and also provide benefits for the existing truck fleet, furthering the public policy objectives of addressing energy security and climate change. **(6) Environment Canada**  The Government of Canada’s Department of the Environment (E nvironment Canada) assisted EPA 's develo pment of this rulemaking b y conducting emissions testing of heav y - dut y vehicles at their test facilities to gather data on a range of possible test cycles, and to evaluate the impact of certain emissions reduction technologies. Environment Canada also fac ilitated the evaluation of heavy - dut y vehicle aerodynamic properties at Canada’s National Research Council wind tunnel, and during coastdown testing. We expect the technical collaboration with Environment Canada to continue as we implement testing and comp liance verification procedures for this rulemaking. We may also begin to develop a knowledge base enabling improvement upon this regulatory***** E.O. 12866 Review**
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20 of 971 framework for model y ears beyond 2018 (for example, improvements to the means of demonstrating compliance). We also expect to continue our collaboration with Environment Canada on compliance issues. Collaboration with Environment Canada is taking place under the Canada - U.S. Air Quality

Committee. 

### C. **Summary of the**  **Final EPA and NHTSA HD National Program** When EPA first addressed emissions from heav y - duty trucks in the 1980s, it established standards for engines, based on the amount of work performed (grams of pollutant per unit of work, expressed as grams per brake horsepower - hour or g/bhp - hr). 22 This approach recognized th e fact that engine characteristics are the dominant determinant of the t ypes of emissions generated, and engine - based technologies (including exhaust aftertreatment sy stems) need to be the focus for addressing those emissions. Vehicle - based technologies, in contrast, have less influence on overall truck emissions of the pollutants that EPA has regulated in the past. The engine testing approach also recognized the relativel y small number of distinct heav y - duty engine designs, as compared to the extremely w ide range of truck designs. EPA concluded at that time that any

incremental gain in conventional emission control that could be achieved through regulation of the complete vehicle would be small in comparison to the cost of addressing the many variants of complete trucks that make up the heav y - dut y sector

– smaller and larger vocational vehicles for dozens of purposes, various designs of combination tractors, and many others. Addressing GHG emissions and fuel consumption from heav y - duty trucks, however, re quires a different approach. Reducing GHG emissions and fuel consumption requires increasing the inherent efficiency of the engine as well as making changes to the vehicles to reduce the amount of work demanded from the engine in order to move the truck d own the road. A focus on the entire vehicle is thus required. For example, in addition to the basic emissions and fuel consumption levels of the engine, the aerod ynamics of the vehicle can have a major impact on the amount of work that must be performed to transport freight at common highway speeds. For this first rulemaking, the agencies proposed a compl e mentary engine and vehicle approach in order to achieve the maximum feasible near - term reductions. NHTSA received comments on the proposal to create co mplementary engine and vehicle standards. Volvo and Daimler argued that EI SA limited NHTSA’s authority to the regulation of completed vehicles and did not give NHTSA authorit y to regulate engines. 49 U.S.C. 32902(k)(2) grants NHTSA broad authority to regulate this sector, stating simply

that the Secretary

“shall determine in a rulemaking proceeding how to

22 The term “brake power” refers to engine torque and power as m easured at the interface between the engine’s output shaft and the dynamometer. This contrasts with “indicated pow er”, which is a calculated value based on the pressure dynamics in the combustion chamber, not including internal losses that occur due to friction and pumping work. Since the measurement procedure inherently measures brake torque and power, the final regulations refer simply to g/hp - hr. This is con sistent with EPA’s other emission control programs, which generally include standards in g/kW - hr.***** E.O. 12866 Review**
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21 of 971 implement a commercial medium - and heav y - duty on - highway vehicle and work truck fuel efficiency

improvement program designed to achieve the maximum feas ible improvement,” considering appropriateness, cost - effectiveness, and technological feasibility . NHTSA does not believe that this language precludes the regulation of engines, but rather explicitly leaves the regulatory

approach to the agency ’s expertis e and discretion. See 75 FR at 74173 n. 36. Considering the factors described in the NPRM and in Section s III and IV below , NHTSA continues to believe that the separate regulation of engines and vehicles is both consistent with the agency ’s statutory man date to determine how to implement a regulatory program designed to achieve the maximum feasible improvement and facilitates coordination with EPA’s efforts to reduce greenhouse gas emissions . The Clean Air act, of course, mandates standards for both “new motor vehicles” and “new motor vehicle engines”, so there is no issue of authorit y for separate engine standards under the EPA GHG program. CAA section 202 (a)(1). As described elsewhere in this preamble, the final standards under the HD National Program address the complete vehicle, to the extent practicable and appropriate under the agencies’ respective statutory authorities, through complementary engine and vehicle standards. The agencies continue to believe that this complementary engine and vehicle a pproach is the best way

to achieve near term reductions from the heavy - dut y sector. However, we also recognize as did the NAS committee and a wide range of industry and environmental commenters, that in order to full y capture the multi - faceted sy nergistic aspects of engine and vehicle design a more comprehensive complete vehicle standard may

be appropriate in the future. The agencies are committed to fully exploring such a possibility

and to developing the testing and modeling tools necessary to enable su ch a regulatory

approach. We intend to work with all interested stakeholders as we move forward. **(1) Brief Overview**  **of the Heavy**  **- duty Truck Industry**  The heav y - duty

truck sector spans a wide range of vehicles with often unique form and function. A primary in dicator of the extreme diversit y among heavy - dut y trucks is the range of load - carrying capability across the industry . The heavy - dut y truck sector is often subdivided by vehicle weight classifications , as defined b y the vehicle ’ s gross vehicle weight rati ng ( GVWR), which is a measure of the combined curb (empt y) weight and cargo carrying capacity of the truck . 23 Table I - 2 below outlines the vehicle weight classificatio ns commonly used for man y years for a variet y of purposes by businesses and b y several federal agencies, including the Department of Transportation, the Environmental Protection Agency , the Department of Commerce, and the Internal Revenue Service.

23 GVWR describes the maximum load that can be carried by a vehicle, including the weight of the vehicle itself. Heavy - duty

vehicles also have a gross combine d weight rating (GCWR), which describes the maximum load that the vehicle can haul, including the weight of a loaded trailer and the vehicle itself.***** E.O. 12866 Review**
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22 of 971 **Table I**  **- 2**  **: Vehicle Weight Classification**  Class 2b 3 4 5 6 7 8 GVWR ( lb ) 8,501 -

10,000 10,001 -

14,000 14,001 -

16,000 16,001 -

19,500 19,501

- 26,000 26,001 -

33,000 > 33,001 In the framework of these vehicle weight classifications, the heav y - dut y truck sector refers to Class 2b through Class 8 vehicles and the engines that power those vehicles. 24 Unlike light - duty vehicles, which are primarily used for transporting passengers for personal travel, heavy - dut y vehicles fill much more di verse operator needs . Heavy - dut y pickup trucks and vans (Classes 2b and 3) are used chiefly as work truck and vans, and as shuttle vans, as well as for personal transportation , with an average annual mileage in the range of 15,000 miles. The rest of the heav y - dut y sector is used for carryi ng cargo and/or performing specialized tasks. “ Vocational ” vehicles, which may span Classes 2b through 8, vary widel y in size, including smaller and larger van trucks, utility “bucket ” trucks, tank truc ks, refuse trucks, urban and over - the - road buses, fire trucks, flat - bed trucks, and dump trucks, among others. The annual mileage of these trucks is as varied as their uses, but for the most part tends to fall in between heavy - dut y pickups/vans and the large combination tractors, t ypically from 15,000 to 150,000 miles per year, although some travel more and some less. Class 7 and 8 combination tractor trailers

– some equipped with sleeper cabs and some not -- are primaril y used for freight transportation. They are sold as tractors and sometimes run without a trailer in between loads , but most of the time they run with one or more trailers that can carry up to 50,000 pounds or more of payload , consuming significant quantities of fuel and producing signific ant amounts of GHG emissions . The combination tractor - trailers used in combination applications can travel more than 150,000 miles per y ear. EPA and NHTSA have designed our respective standards in careful consideration of the diversity

and complexity

of the heav y - dut y truck industry , as discussed next. **(2) Summary**  **of Final EPA GHG Emission Standards and NHTSA Fuel Consumption**  **Standards** As described above, NHTSA and EPA recognize the importance of addressing the entire vehicle in reducing fuel consumption and GHG emissions. At the same time, the agencies understand that the complexity of the industry

means that we will need to use different approaches to achieve this goal, depending on the characteristics of each general ty pe of truck. We are therefore dividi ng the industry into three discrete regulatory categories for purposes of setting our respective standards

– combination tractors, heavy duty pickups and vans, and vocational vehicles -- based on the relative degree of homogeneity

among trucks within each category . For each regulatory category , the agencies are adopting related but distinct program approaches reflecting the specific challenges that we see in these segments. In the following paragraphs, we discuss EPA ’ s final GHG emission standards and NHT SA ’ s final fuel consumption standards for the three regulatory

categories of heav y - dut y vehicles and their engines. 24 Class 2b vehicles designed as passenger vehicles (Medium Duty Passenger Vehicles, MDPVs) are covered by the light - duty GHG and fuel economy standards and not addressed in this rulemaking.***** E.O. 12866 Review**
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23 of 971 The agencies are adopting test metrics that express fuel consumption and GHG emissions relative to the most important measures of heav y - dut y truck utility for each segment , consistent with the recommendation of the 2010 NAS Report that metrics should reflect and account for the work performed by various ty

pes of HD vehicles . This approach differs from NHTSA’s light - dut y program that uses fue l economy as the basis. The NA S committee discussed the difference between fuel econom y (a measure of how far a vehicle will go on a gallon of fuel) and fuel consumption (the inverse measure, of how much fuel is consumed in driving a given distance) as po tential metrics for MD/HD regulations. The committee concluded that fuel economy would not be a good metric for judging the fuel efficiency of a heav y - dut y vehicle, and stated that NHTSA should instead consider fuel consumption as the metric for its stand ards. As a result, for heavy duty pickup trucks and vans, EPA and NHTSA are finalizing standards on a per - mile basis (g/mile for the EPA standards, gallons/100 miles for the NHTSA standards), as explained in Section I. C. (2) (b) below. For heavy - dut y trucks, both combination and vocational, the agencies are adopting standards expressed in terms of the key measure of freight movement, tons of payload miles or, more simply , ton - miles. Hence, for EPA the final standards are in the form of the mass of emissions from carrying a ton of cargo over a distance of one mile (g/ton - mi). Similarly , the final NHTSA standards are in terms of gallons of fuel consumed over a set distance (one thousand miles), or gal/1,000 ton - mile. Finally , for engines, EPA is adopting standards in the form of grams of emissions per unit of work (g/bhp - hr), the same metric used for the heavy - dut y highway engine standards for criteria pollutants t oday . Similarl y, NHTSA is finalizing standards for heav y - dut y engines in the form of gallons of fuel consumption per 100 units of work (gal/100 bhp hr). Section II below discusses the final EPA and NHTSA standards in greater detail. (a ) Class 7 and 8 Combinat ion Tractors Class 7 and 8 combination tractors and their engines contribute the largest portion of the total GHG emissions and fuel consumption of the heav y - duty sector , approximately 65 percent , due to their large payload s, their high annual miles travel ed , and their major role in national freight transport. 25 These vehicles consist of a cab and engine (tractor or combination tractor) and a detachable trailer. In general, reducing GHG emissions and fuel consumption for these vehicles will involve improve ments in aerod ynamics and tires and reduction in idle operation, as well as engine - based efficiency improvements. In general, the heavy - duty combination tractor industry consists of tractor manufacturers (which manufacture the tractor and purchase and in stall the engine) and trailer manufacturers . These manufacturers are usually not the same entity . We are not aware of an y m anufacturer that ty picall y assembles both the finished truck and the trailer and introduces the combination into commerce for sale to a bu yer. T he owners of trucks

25 The on - highway Class 7 and 8 combination tractors constitute the vast majority of this regulatory category, and form the backbone of this HD National Program. A small fr action of combination tractors are used in off

- road applications and are regulated differently, as described in Section II.***** E.O. 12866 Review**
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24 of 971 and trailers are often distinct as well . A t ypical truck buyer will purchase only the tractor. The trailers are usually purchased and owned b y fleets and shippers. This occurs in part because trucking fleets on average maintain 3 trailers per tractor and in some cases as many as 6 or more trailers per tractor. There are also large differences in the kinds of manufacturers involved with producing tractors and trailer s. For HD highway tractors and their engines, a relatively limited number of manufacturers produce the vast majority of these products. The trailer manufacturing industry is quite different, and includes a large number of companies, many of which are rel atively

small in size and production volume. Setting standards for the products involved -- tractors and trailers -- requires recognition of the large differences between these manufacturing industries, which can then warrant consideration of different re gulatory approaches. Based on these industry

characteristics , EPA and NHTSA believe that the most straightforward regulatory approach for combination tractors and trailers is to establish standards for tractors separatel y from trailers . As discussed bel ow in Section IX , the agencies are adopting standards for the tractors and their engines in this rulemaking, but did not propose and are not adopting standards for trailers. As with the other regulatory categories of heavy - duty vehicles, EPA and NHTSA have concluded that achieving reductions in GHG emissions and fuel consumption from combination tractors requires addressing both the cab and the engine, and EPA and NHTSA each are adopting standards that reflect this conclusion. The importance of the cab i s that its design determines the amount of power that the engine must produce in moving the truck down the road. As illustrated in Figure I - 1 , the loads that require additional power from the engine include air resistance (aerodynamics), tire rolling resistance, and parasitic losses (including accessory loads and friction in the drivetrain). The importance of the engine design is that it determines the basic GHG emis sions and fuel consumption performance of the engine for the variety of demands placed on the engine, regardless of the characteristics of the cab in which it is installed. The agencies intend for the final standards to result in the application of improv ed technologies for lower GHG emissions and fuel consumption for both the cab and the engine .***** E.O. 12866 Review**
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**Figure** Accordingl y, for Class 7 and 8 combination tractors, the agencies are each finalizing two sets of standards. For vehicle tractor manufacturers are required to vehic le standard will ty

pically be determined based on a customized vehicle simulation model, called the Greenhouse gas Emissions Model (GEM) NAS Report recommendations to require compliance testing for combination tractors using v ehicle simulation rather than chassis d ynamometer testing. This compliance model was developed b y EPA specificall y for this final action. It is an accurate and cost effective alternative to measuring emissions and fuel consumption while operating the veh icle on a chassis dy

namometer. Instead of using a chassis dy namometer as an indirect way to evaluate real - world operation and performance, various characteristics of the vehicle are measured and these measurements are used as inputs to the model. These c haracteristics relate to key technologies appropriate for this subcategory of truck including aerodynamic features, weight reductions, tire rolling resistance, the presence of idle - reducing technology, and vehicle speed limiters. The model also assumes a representative typical engine, rather than a vehicle regulated separately . Using these inputs, the model will be used to quantify the overall performance of the vehicle in terms of model ’ s development and design, as well as the sources for inputs, are discussed in detail in Section II below and in Chapter 4 of the RIA. (i ) Final Standards for Class 7 and 8 Combination Tractors and Their Engines The vehicle standards combination tractor manufacturers are based on several key attributes related to GHG emissions and fuel consumption that we believe reasonably represent the many differences in utility

and performance among depending on GVWR ( i.e

26 Adapted from Figure 4.1 . Class 8 Truck Energy Audit, Technology Roadmap for the 21st Century Truck Program: A Government- Indust **Revised Version**
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25 of 971 **Figure I**  **- 1**  **: Com bination Tractor and Trailer Loads**  **26** Accordingl y, for Class 7 and 8 combination tractors, the agencies are each finalizing two sets of standards. For vehicle - related emissions and fuel consumption, tractor manufacturers are required to meet vehicle - based standards. Compliance with the le standard will ty

pically be determined based on a customized vehicle simulation model, called the Greenhouse gas Emissions Model (GEM) , which is consistent with the NAS Report recommendations to require compliance testing for combination tractors ehicle simulation rather than chassis d ynamometer testing. This compliance model was developed b y EPA specificall y for this final action. It is an accurate and cost effective alternative to measuring emissions and fuel consumption while operating the icle on a chassis dy

namometer. Instead of using a chassis dy namometer as an indirect world operation and performance, various characteristics of the vehicle are measured and these measurements are used as inputs to the model. These haracteristics relate to key technologies appropriate for this subcategory of truck including aerodynamic features, weight reductions, tire rolling resistance, the presence of reducing technology, and vehicle speed limiters. The model also assumes a representative typical engine, rather than a vehicle - specific engine, because engines are regulated separately . Using these inputs, the model will be used to quantify the overall performance of the vehicle in terms of CO 2 emissions and fuel co nsumption. The s development and design, as well as the sources for inputs, are discussed in detail in Section II below and in Chapter 4 of the RIA. Final Standards for Class 7 and 8 Combination Tractors and Their Engines The vehicle standards that EPA and NHTSA are adopting for Class 7 and 8 combination tractor manufacturers are based on several key attributes related to GHG emissions and fuel consumption that we believe reasonably represent the many differences in utility

and performance among these vehicles. The final standards differ i.e ., whether the truck is Class 7 or Class 8), the height of the roof Class 8 Truck Energy Audit, Technology Roadmap for the 21st Century Truck Industry Research Partnership, 21CT - 001, December 2000 .

**Do Not Cite, Quote, or Release During Review *****

Accordingl y, for Class 7 and 8 combination tractors, the agencies are each related emissions and fuel consumption, based standards. Compliance with the le standard will ty

pically be determined based on a customized vehicle simulation which is consistent with the NAS Report recommendations to require compliance testing for combination tractors ehicle simulation rather than chassis d ynamometer testing. This compliance model was developed b y EPA specificall y for this final action. It is an accurate and cost effective alternative to measuring emissions and fuel consumption while operating the icle on a chassis dy

namometer. Instead of using a chassis dy namometer as an indirect world operation and performance, various characteristics of the vehicle are measured and these measurements are used as inputs to the model. These haracteristics relate to key technologies appropriate for this subcategory of truck

– including aerodynamic features, weight reductions, tire rolling resistance, the presence of reducing technology, and vehicle speed limiters. The model also assumes the use of specific engine, because engines are regulated separately . Using these inputs, the model will be used to quantify the overall nsumption. The s development and design, as well as the sources for inputs, are discussed in detail Final Standards for Class 7 and 8 Combination Tractors and Their Engines

that EPA and NHTSA are adopting for Class 7 and 8 combination tractor manufacturers are based on several key attributes related to GHG emissions and fuel consumption that we believe reasonably represent the many these vehicles. The final standards differ ., whether the truck is Class 7 or Class 8), the height of the roof Class 8 Truck Energy Audit, Technology Roadmap for the 21st Century Truck***** E.O. 12866 Review**
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26 of 971 of the cab, and whether it is a “ day cab ” or a “ sleeper cab.” These later two attributes are important because the height of the roof, designed to correspond to the height of the trailer, significantl y affects air resistance, and a sleeper cab generall y corresponds to the opportunity

for extended duration idle emission and fuel consumption improvements. We received a numbe r of comments supporting this approach and no comments that provided a compelling reason to change our approach in this final action. Thus, the agencies have created nine subcategories within the Cl ass 7 and 8 combination tractor category based on the diff erences in expected emissions and fuel consumption associated with the key attributes of GVWR, cab ty pe, and roof height. The agencies are setting standards beginning in 2014 model year with more stringent standards following in 2017 model y ear. Table I - 3 presents the agencies’ respective standards for combination tractor manufacturers for the 2017 model year. The standards represent an overall fuel c onsumption and CO 2 emissions reduction up to 23 percent from the tractors and the engines installed in them when compared to a baseline 2010 model ye ar tractor and engine without idle shutdown technology . The standard values shown below differ somewhat fr om the proposal, reflecting refinements made to the GEM in response to comments. These changes did not impact our estimates of the relative effectiveness of the various control technologies modeled in this final action nor the overall cost or benefits or cost effectiveness estimated for these final vehicle standards. As proposed, the agencies are exempting certain types of tractors which operate off - road to be exempt from the combination tractor vehicle standards (although standards would still apply

to the engines installed in these vehicles). The criteria for tractors to be considered off

- road have been amended slightl y from those proposed, in response to public comment. The agencies have also recognized, again in response to public comment , that some combination tractors operate in a manner essentially the same as vocational vehicles and have created a subcategory of “vocational tractors” as a result. Vocational tractors will be subject to the standards for vocational vehicles rather than the combination tractor standards. See Section II.B of this preamble.***** E.O. 12866 Review**
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27 of 971 **Table I**  **- 3**  **: Heavy -**  **duty Co**  **mbination Tr**  **actor EPA Emissions Standards (g CO**  **2 /ton**  **- mi**  **le) and**

**NHTSA Fuel Consumption Standards**  **(gal/ 1,000**  **ton -**  **mile)** 2017 Model Year CO 2 Grams per Ton - Mile

Day Cab Sleeper Cab Class 7 Class 8 Class 8 Low Roof 104 80 66 Mid Roof 115 86 73 High Roof 120 89 72 2017 Model Year Gallons of Fuel per 1,000 Ton - Mile

Day Cab Sleeper Cab Class 7 Class 8 Class 8 Low Roof 10.2 7.8 6.5 Mid Roof 11.3 8.4 7.2 High Roof 11.8 8.7 7.1 In addition, the agencies are finalizing separate performance standards for the engines manufactured for use in these trucks. EPA ’ s engine - based CO 2 standards and NHTSA ’ s engine - based fuel consumption standards are implemented using EPA’s existing test procedures and regulatory structure for criteria pollutant emissions from medium - and heav y - duty engines. As at proposal, the final engine standards vary depending on engi ne size linked to intended vehicle service class. Consistent with our proposal, the agencies are finalizing an interim alternative compression ignition engine standard for model years 2014 - 2016. This alternative standard is designed to provide a glide path for legacy

diesel engine products that may not be able to compl y with the final engine standards for model years 2014 - 16 given the short (approximately 2 - ye ar) lead time of this program. We believe this alternative standard is appropriate for a first - e ver program when the overall baseline performance of the industry is quite varied and where the short lead time means that not every product can be brought into compliance b y 2014. The alternative standard only applies through and including model year 201 6. Separatel y, EPA is adopting standards for combination tractors that appl y i n use. EPA is also finalizing engine - based N 2 O and CH 4 standards for manufacturers of the engines used in these combination tractors. EPA is finalizing separate engine - based st andards for N 2 O and CH 4 because the agency believes that emissions of these GHGs are technologicall y related solely to the engine, fuel, and emissions aftertreatment systems, and the agency

is not aware of any

influence of vehicle - based technologies on the se emissions. NHTSA is not incorporating standards for N 2 O and CH 4 because these emissions do not impact fuel consumption in a significant way . The standards that EPA is finalizing for N 2 O and CH 4 are less stringent than those we proposed, reflecting new data provided to EPA in comments on the proposal showing that the current baseline level of N 2 O and CH 4 emissions varies more than EPA had expected. EPA expects that manufacturers of current engine technologies will be able to compl y with the final N 2 O and CH 4 “cap” standards with little or no technological improvements; the value of the standards will be to prevent significant increases in these emissions as alternative technologies are developed and introduced in the future. Compliance with the final E PA engine - based CO 2 standards and the final NHTSA engine - based fuel consumption***** E.O. 12866 Review**
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28 of 971 standards, as well as the final EPA N 2 O and CH 4 standards, will be determined using the appropriate EPA engine test procedure, as discussed in Section s II .B, II.D, and II.E below. As with the other categories of heav y - duty vehicles, EPA and NHTSA are finalizing respective standards that will apply to Class 7 and 8 tractors at the time of production (as in Table I - 3 , above). In addition, EPA is finalizing separate standards that will apply

for a specified period of time in use. All of the standards for these vehicles, as well as details about the provisions for certification and implem entation of these standards, are discussed in more detail in Sections II, III, IV, and V below and in the RIA. (ii) EPA’s Final Air Conditioning Leakage Standard for Class 7 and 8 Combination Tractors In addition to the final EPA tractor - and engine - based stand ards for CO 2 and engine - based standards for N 2 O, and CH 4 emissions, EPA is finalizing a separate standard to reduce leakage of HFC refrigerant from cabin air conditioning (A/C) sy stems from combination tractors, to apply to the tractor manufacturer. This standard is independent of the CO 2 tractor standard, as discussed below in Section II.E.5. Because the current refrigerant used widel y in all these s ys tems has a very high global warming potential, EPA is concerned about leakage of refrigerant. 27 Because the interior volume to be cooled for most tractor cabins is similar to that of light - dut y vehicles, the size and design of current tractor A/C systems is also very similar. The compliance approach for Class 7 and 8 tractors is therefore similar to that i n the light - dut y rule in that these standards are design - based. Manufacturers will choose technologies from a menu of leak - reducing technologies sufficient to comply with the standard, as opposed to using a test to measure performance. However, the fina l heavy - duty A/C provisions differ in two important way s from those established in the light - dut y rule. First, the light - dut y provisions were established as voluntary

way s to generate credits towards the CO 2 g/mi standard, and EPA took into account the expected use of such credits in determining the stringency of the CO 2 emissions standards. In the HD National Program, EPA is requiring that manufacturers actuall y meet a standard

– as opposed to having the opportunity to earn a credit -- for A/C refrigerant leakage. Thus, refrigerant leakage control is not separatel y accounted for in the final heav y - duty CO 2 standards. We are taking this approach here recognizing that while the benefits of leakage control are almost identical between light - duty and heavy duty vehicles on a per vehicle basis, these benefits on a per mile basis expressed as a percentage of overall GHG emissions are much smaller for heav y - dut y vehicles due to their much higher CO 2 emissions rates and higher annual mileage when compared to light - duty vehicles. Hence a credit - based approach as done for light - dut y vehicles would provide less motivation for manufacturers to install low leakage s ys tems even though

27 The global warming potential for HFC - 134a refrigerant of 1430 used in this program is consistent with the Intergovernmental Panel on Climate Change Fourth Assessment Report.***** E.O. 12866 Review**
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29 of 971 such sy stems represent a highl y cost effective means to control GHG emissions. The second difference relates to the expression of the leakage rate. The light - duty A/C leakage standard is expressed in terms of grams per year. For EPA’s heavy - duty program, however, because of the wide variet y of system designs and arrangements, a one - siz e - fits - all gram per year standard would not be appropriate, so EPA is adopting a standard in terms of annual mass leakage rate for A/C sy stems with refrigerant capacities less than or equal to 733 grams and percent of total refrigerant leakage per year for A/C sy stems with refrigerant capacities greater than 733 grams. The percent of total refrigerant leakage per year requires the total refrigerant capacity of the A/C sy stem to be taken into account in determining compliance. EPA believes that this approa ch -- a standard instead of a credit, and basing the standard on percent or mass of leakage over time

– is more appropriate for heav y - dut y tractors than the light - dut y vehicle approach and that it will achieve the desired reductions in refrigerant leakage. Compliance with the standard will be determined through a showing by the tractor manufacturer that it s A/C sy stem incorporates a combination of low - leak technologies sufficient to meet the leakage rate of the applicable standard. The “ menu ” of technolog ies is very similar to that established in the light - duty 2012 - 2016 MY vehicle rule. 28 Finally , the agencies did not propose and are not adopting an A/C s ys tem efficiency standard in this heavy - dut y rulemaking, although an efficiency credit was a part of the light - duty

rule. The much larger emissions of CO 2 from a heav y - duty tractor as compared to those from a light - dut y vehicle mean that the relative amount of CO 2 that could be reduced through A/C efficiency improvements is very

small. A more detailed discussion of A/C related issues is found in Section II.E.5 of this preamble. (b ) Heavy -Duty Pickup Trucks and Vans (Class 2b and 3 ) Heav y - dut y vehicles with GVWR between 8,501 and 10,000 lb are classified in the industry

as Class 2b motor veh icles per the Federal Motor Carrier Safety Administration definition. As discussed above, Class 2b includes MDPVs that are regulated b y the agencies under the light - duty vehicle rule , and the agencies are not adopting additional requirements for MDPVs in this rulemaking. Heavy - duty vehicles with GVWR between 10,001 and 14,000 lb are classified as Class 3 motor vehicles. Class 2b and Class 3 heavy - dut y vehicles (referred to in these rules as “ HD pickups and vans”) together emit about 15 percent of today ’s GHG emissions from the heav y - dut y vehicle sector. About 90 percent of HD pickups and vans are 3⁄4 - ton and 1 - ton pickup trucks, 12 - and 15 - passenger vans, and large work vans that are sold by vehicle manufacturers as complete vehicles, with no secondary manufacturer making substantial modifications

28 EPA has approved an alternat ive refrigerant, HFO - 1234yf, which has a very low GWP, for use in light duty vehicle mobile A/C systems. The final heavy - duty vehicle A/C leakage standard is designed to account for use of an alternative, low - GWP refrigerant. If in the future this refrig erant is approved for heavy - duty applications and if it becomes widespread as a substitute for HFC - 134a in heavy - duty vehicle mo bile A/C systems, EPA may propose to revise or eliminate the leakage standard.***** E.O. 12866 Review**
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30 of 971 prior to registration and use. These vehicle manufacturers are companies with major light - duty markets in the United States, primarily Ford, General Motors, and Chry sler. Furthermore, the technologies available to reduce fuel consumption and GHG emissions from this segment are similar to the technologies used on light - dut y pickup trucks , including both engine efficiency improvements (for gasoline and diesel engines) and vehicle efficiency improvements. For these reasons, EPA believes it is appropriate to adopt GHG standards for HD pickups and vans based on the whole vehicle (including the engine), expressed as grams per mile, consistent with the way these vehicles are regulated b y EPA today for criteria pollutants. NHTSA believes it is appropriate to adopt corresponding gallons per 100 mile fuel consumption standards that are likewise based on the whole vehicle. This complete vehicle approach being adopted by both agencies for HD pickups and vans is con sistent with the recommendations of the NAS Committee in their 2010 Report. EPA and NHTSA also believe that the structure and man y of the detailed provisions of the recentl y finalized light - duty

GHG and fuel economy

program, which also involves vehicle - ba sed standards, are appropriate for the HD pickup and van GHG and fuel consumption standards as well, and this is reflected in the standards each agency is finalizing, as detailed in Section II.C. These commonalities include a new vehicle fleet average standard for each manufacturer in each model ye ar and the determination of these fleet average standards based on production volume - weighted targets for each model, with the targets varying based on a defined vehicle attribute. Vehicle testing will be conduc ted on chassis dy

namo meters using the drive cycles from the EPA Federal Test Procedure ( Li ght - dut y FTP or “ cit y ” test) and Highway Fuel Economy

Test (HFET or “ highway” tes t). 29 For the light - dut y GHG and fuel econom y standards, the agencies factored in vehi cle size by

basing the emissions and fuel economy targets on vehicle footprint (the wheelbase times the average track width). 30 For those standards, passenger cars and light trucks with larger footprints are assigned higher GHG and lower fuel economy targe t levels in acknowledgement of their inherent tendency to consume more fuel and emit more GHGs per mile. For HD pickups and vans, the agencies believe that setting standards based on vehicle attributes is appropriate, but feel that a work - based metric ser ves as a better attribute than the footprint attribute utilized in the light - duty vehicle rulemaking. Work - based measures such as payload and towing capabilit y are key among the parameters that characterize differences in the design of these vehicles, as well as differences in how the vehicles will be utilized. Buyers consider these utility - based attributes when purchasing a heav y - dut y pickup or van. EPA and NHTSA are therefore finalizing standards for HD pickups and vans based on a “work factor” attribute that combines their payload and towing capabilities, with an added adjustment for 4 - wheel drive vehicles. The agencies received a number of comments supporting this approach 29 The Light - duty FTP is a vehicle driving cycle that was originally developed for certifying light - duty vehicles and subsequently applied to HD chassis testing for criteria pollutants. This contrasts with the Heavy - duty

FTP, w hich refers to the transient engine test cycles used for certifying heavy - duty engines (with separate cycles specified for diesel and spark - ignition engines). 30 EISA requires CAFE standards for passenger cars and light trucks to be attribute - based; See 49 U.S.C. 32902(b)(3)(A).***** E.O. 12866 Review**
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31 of 971 arguing, as the agencies had, that this approach was an effective way to encourage technology

development and to appropriately reflect the utility

of work vehicles while setting a consistent metric measure of vehicle performance . As proposed, the agencies are adopting provisions such that each manufacturer’s fleet average standard w ill be based on production volume - weighting of target standards for all vehicles that in turn are based on each vehicle’s work factor. These target standards are taken from a set of curves (mathematical functions), presented in Section II.C below and in § 1037.104 . EPA is also phasing in the CO 2 standards gradually starting in the 2014 model year, at 15 - 20 - 40 - 60 - 100 percent of the model year 2018 standards stringency

level in model years 2014 - 2015 - 2016 - 2017 - 2018, respectivel y. The phase - in takes the form of a set of target standard curves, with increasing stringency in each model ye ar, as detailed in Section II.C. The final EPA standards for 2018 (including a separate standard to control air conditioning s ys tem leakage) represent an average per vehicle re duction in GHGs of 17 percent for diesel vehicles and 12 percent for gasoline vehicles, compared to a common baseline, as described in Sections II.C and III.B of this preamble. The rule contains separate standards for diesel and gasoline heavy dut y pickup s and vans for reasons described in Section II.C below. EPA is also finalizing a compliance alternative whereb y manufacturers can phase in different percentages: 15 - 20 - 67 - 67 - 67 - 100 percent of the model year 2019 standards stringency level in model years 2014 - 2015 - 2016 - 2017 - 2018 - 2019, respectively . This compliance alternative parallels and is equivalent to NHTSA’s first alternative described below. NHTSA is allowing manufacturers to select one of two fuel consumption standard alternatives for model years 2016 and later. The first alternative defines individual gasoline vehicle and diesel vehicle fuel consumption target curves that will not change for model years 2016 - 2018, and are equivalent to EPA’s 67 - 67 - 67 - 100 percent target curves in model ye ars 2016 - 2017 - 2018 - 2019, respectivel y. The target curves for this alternative are presented in Section II.C. The second alternative uses target curves that are equivalent to the EPA’s 40 - 60 - 100 percent target curves in model years 2016 - 2017 - 2018, respectivel y. Stringency for the alternatives has been selected to allow a manufacturer, through the use of the credit and deficit carry - forward provisions that the agencies are also finalizing, to rel y on the same product plans to satisfy either of these two alternatives , and also EPA requirements. If a manufacturer cannot meet an applicable standard in a given model year, it may make up its shortfall by

overcompl yi ng in a subsequent year, called reconciling a credit deficit. NHTSA is also allowing manufacturers to voluntarily opt into the NHTSA HD pickup and van program in model ye ars 2014 or 2015. For these model y ears, NHTSA’s fuel consumption target curves are equivalent to EPA’s target curves. The agencies received a number of comments including from the Senate authors and supporters of the Ten - in - Ten Fuel Econom y Act suggesting that the standards for heav y - dut y pickups and vans should be made more stringent for gasoline vehicles and that the phase - in timing of the standards should be accelerated to the 2016 model year (from 2018). We also received comments arguing that the proposed standards were aggressive and could only be met given the phase - in schedules proposed by the agencies. In response to these comments, we reviewed again the technology assessments from the***** E.O. 12866 Review**
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32 of 971 2010 NAS report, our own joint light - duty 2012 - 2016 rulemaking, and information provided b y the commenters relevant to the stringency of these standards. After reviewing all of the information, we continue to conclude that the proposed standards and as sociated phase - in schedules represent technically stringent but reasonable standards considering the available lead time and costs to bring the necessary technologies to market and our own assessments of the efficacy of the technologies when applied to heavy - dut y pickup trucks and vans. Further detail on the feasibility of the standards and the agencies’ choices among alternative standards is found in Section III.C below. The Senate authors and supporters of the Ten - in - Ten Fuel Economy Act sent a letter to the agencies encouraging the agencies to finalize a fuel econom y l abeling requirement for heav y - duty pickups and vans. 31 The agencies recognize that consumer information in the form of a fuel efficiency label can be a valuable tool to help achieve our goa ls, and we note that the agencies have just recentl y finalized a new fuel econom y label for passenger cars and light trucks. See 76 FR at 39478 **.** That rulemaking effort focused solel y on modifying an existing label and was a multi - ye ar process with signifi cant public input. As we did not propose a consumer label for heav y - duty pickups and vans in this action and have not appropriatel y engaged the public in developing such a label, we are not prepared to finalize a consumer - based label in this action. Howe ver, we do intend to consider this issue as we begin work on the next phase of regulations, as we recognize that a consumer label can play an important role in reducing fuel consumption and GHG emission s. The form and stringency

of the EPA and NHTSA standard s curves are based on a set of vehicle, engine, and transmission technologies expected to be used to meet the recentl y established GHG emissions and fuel economy standards f

or model year 2012 - 2016 light - duty

vehicles, with full consideration of how these technologies are likel y to perform in heav y - dut y vehicle testing and use. All of these technologies are already in use or have been announced for upcoming model years in some light - duty vehicle models , and some are in use in a portion of HD pickups and vans as well . The technologies include:
 advanced 8 - speed automatic transmissions  aerod ynamic improvements  electro - hydraulic power steering  engine friction reductions  improved accessories  low friction lubricants in powertrain components  lower rolling resis tance tires  lightweighting  gasoline direct injection  diesel aftertreatment optimization

31 See Docket EPA - HQ - OAR - 2010 - 0162.***** E.O. 12866 Review**
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33 of 971  air conditioning s ys tem leakage reduction (for EPA program onl y) See Section III. B for a detailed anal ys is of these and other potential technologies, including their fe asibility, costs, and effectiveness when emplo yed for reducing fuel consumption and CO 2 emissions in HD pickups and vans . A relativel y small number of HD pickups and vans are sold b y vehicle manufacturers as incomplete vehicles, without the primary load - c arryi ng device or container attached. We are generall y regulating these vehicles as Class 2b through 8 vocational vehicles but are also allowing manufacturers the option to choose to comply with heav y - dut y pickup or van standards , as described in Section I.C.(2)(c) . Although , as with vocational vehicles generall y , we have little information on baseline aerody namic performance and opportunities for improvement , a sizeable subset of these incomplete vehicles, often called cab - chassis vehicles, are sold by the vehicle manufacturers in configurations with many of the components that affect GHG emissions and fuel consumption identical to those on complete pickup truck or van counterparts

— including engines, cabs, frames, transmissions, axles, and wheels. We are including provisions that will allow manufacturers to include these vehicles, as well as some Class 4 and 5 vehicles, to be regulated under the chassis - based HD pickup and van program (i.e. subject to the standards for HD pickups and vans), rather than the vocational vehicle program. These provisions are described in Section V.B(1)(e ). In addition to the EPA CO 2 emission standards and the NHTSA fuel consumption standards for HD pickups and vans, EPA is also finalizing standards for two additional GHGs , N 2 O and CH 4 , as well as standards for air conditioning - related HFC emissions. These standards are discussed in more detail in Section II.E. Finally , EPA is finalizing standards that will apply

to HD pickups and vans in use. All of the standards for th ese HD pickups and vans, as well as details about the provisions for certification and implementation of these standards, are discussed in Section II.C. (c) Class 2b - 8 Vocational Vehicles Class 2b - 8 vocational vehicle s consist of a wide variet y of vehicle ty pe s. Some of the primary

applications for vehicle s in this segment include delivery , refuse, utility , dump, and cement trucks; transit, shuttle, and school buses; emergency vehicles, motor homes, 32 tow trucks, among others . These vehicle s and their engines contribute approximately 20 percent of today ’ s heavy - dut y truck sector GHG emissions . Manufacturing of vehicles in this segment of the industry is organized in a more complex way

than that of the other heav y - dut y categories . Class 2b - 8 vocational vehicle s are often built as a chassis with an installed engine and an installed transmission. Both the engine and transmissions are t ypicall y manufactured b y other manufacturers and the chassis manufacturer purchases and installs them. Many of the same companie s that build Class 7 and 8 tractors are also in the Class 2b - 8 chassis manufacturing market. The chassis is ty

picall y then sent to a body manufacturer , which completes the vehicle by 32 NHTSA’s final fue l consumption standards will not apply to recreational vehicles, as discussed in earlier in this preamble section.***** E.O. 12866 Review**
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34 of 971 installing the appropriate feature -- such as dump bed, delivery box, or utility bucket -- onto the chassis. Vehicle b ody manufacturers tend to be small businesses that specialize in specific t ypes of bodies or specialized features . EPA and NHTSA proposed that in this vocational vehicle category the proposed GHG and fuel con sumption standards appl y to chassis manufacturers. Chassis manufacturers play

a central role in the manufacturing process . T he product they produce

– the chassis with engine and transmission

– includes the primary technologies that affect GHG emissions and fuel consumption. They also constitute a much more limited group of manufacturers for purposes of developing and implementing a regulatory

program. The agencies believe that a focus on the body manufacturers would be much less practical, since they represent a much more diverse set of manufacturers, many of whom are small businesses . Further , the part of the vehicle that they add affords very few opportunities to reduce GHG emissions and fuel consumption (given the limited role that aerodynamics plays in man y ty pes of lower speed and stop - and - go operation ty picall y found with vocational vehicles.) Therefore, the agencies proposed that the standards in this vocational vehicle category would apply

to the chassis manufacturers of all heav y - dut y vehicles not otherwise covered by the HD pickup and van standards or Class 7 and 8 combination tractor standards discussed above. The agencies requested comment on the proposed focus on chassis manufacturers. Volvo commented that the EI SA does not speak to the regulation of subs ys tems, such as incomplete vehicles, and argued that on the other hand, Section 32902(k)(2) prescribes the regulation of vehicles. Volvo further stated that precedent for the regulation of complete vehicles exists in the light - duty fuel eco nom y rule. As noted above, NHTSA does not believe that EISA mandates a particular regulatory approach, but rather gives the agency wide latitude and explicitly leaves that determination to the agency . NHTSA also notes that its heavy - duty rule creates a n ew fuel efficiency program for which the light - dut y program does not necessarily serve as a useful precedent for considerations of its structure. Unlike the light - duty fuel econom y program, MD/HD vehicles are produced in widely diverse stages. Further, g iven the MD/HD market structure, where the complete vehicle manufacturers are numerous, diverse, and often small businesses, the regulation of complete vehicles would create unique difficulties for the application of appropriate and feasible technologies. These same considerations justify EPA’s determination, pursuant to CAA section 202 (a), to regulate only chassis manufacturers in this first stage of GHG rules for the heav y - dut y sector. NHTSA also notes that this rule does not represent the first time that the agency has regulated incomplete vehicles. Rather, incomplete vehicles have a history of regulation under the Federal Motor Vehicle Safet y Standards. 33 For this first phase of the HD National Program, NHTSA and EPA believe that given the complexity of the manufacturing process for vocational vehicles, and given the wide range of entities that participate in that process, vehicle fuel consumption standards would be most appropriately applied to chassis manufacturers and not to body builders.

33 See 49 U.S.C. §§ 567.5 and 568.4***** E.O. 12866 Review**
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35 of 971 The ag encies continue to believe that regulation of the chassis manufacturers for this vocational vehicle category will achieve the maximum feasible improvement in fuel efficiency for purposes of EI SA and appropriate emissions reductions for purposes of the CAA. Therefore, consistent with our proposal the final standards in this vocational vehicle category

appl y to the chassis manufacturers of all heav y - dut y vehicles not otherwise covered b y the HD pickup and van standards or Class 7 and 8 combination tractor st andards discussed above. As discussed above, EPA and NHTS A have concluded that reductions in GHG emissions and fuel consumption require addressing both the vehicle and the engine. As discussed above for Class 7 and 8 combination tractors, the agencies are each finalizing two sets of standards for Class 2b - 8 vocational vehicles. For vehicle - related emissions and fuel consumption, the agencies are adopting standards for chassis manufacturers: EPA CO 2 (g/ton - mile) standards and NHTSA fuel consumption (gal/1 ,000 ton - mile) standards). While the agencies believe that a freight - based metric is broadly appropriate for vocational vehicles because the vocational vehicle population is dominated by

freight trucks and maintain that it is appropriate for the first pha se of the program, the agencies may consider other metrics for future phases of a HD program. Manufacturers will use GEM, the same customized vehicle simulation model used for Class 7 and 8 tractors, to determine compliance with the vocational vehicle stan dards finalized in this action. The primary manufacturer - generated input into the GEM for this category of trucks will be a measure of tire rolling resistance, as discussed further below, because tire improvements are the primary means of vehicle improvem ent available at this time for vocational vehicles. The model also assumes the use of a typical representative, compliant engine in the simulation, resulting in an overall value for CO 2 emissions and one for fuel consumption. This is done for the same reason as for combination tractors. As is the case for combination tractors, the manufacturers of the engines intended for vocational vehicles will be subject to separate engine - based standards. (i ) Final Standards for Class 2b - 8 Vocational Vehicles and their Engines Based on our analy sis and research, the agencies believe that the primary opportunity for reductions in vocational vehicle GHG emissions and fuel consumption will be through improved engine technologies and improved tire rolling resistance. For engines, EPA and NHTSA are adopting separate standards for the manufacturers of engines used in Class 2b - 8 vocational vehicles (the same approach as for combination tractors and engines intended for use in those tractors) . EPA ’ s final engine - based CO 2 standards and NHTSA ’ s final engine - based fuel consumption standards vary based on the expected weight class and usage of the truck into which the engine will be installed. Tire rolling resistance is closely related to the weight of the vehicle. Therefore, we are adopting vehicle - based standards for these trucks which vary according to one key attribute, GVWR. For this initial HD rulemaking, we are adopting standards based on the same groupings of truck weight clas ses used for the engine standards -- light heavy - dut y, medium heav y - dut y, and heav y heav y - dut y. These groupings are appropriate for the final vehicle - based standards because they parallel the general divisions among key engine characteristics, as discusse d in Section II.***** E.O. 12866 Review**
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36 of 971 The agencies are also finalizing an interim alternative compression ignition (diesel) engine standard for model years 2014 - 2016, again analogous to the alternative standards for compression ignition engines use in combination tractors. Th e need for this provision and our considerations in adopting it are the same for the engines used in vocational vehicles as for the engines used in combination tractors. As we proposed, these alternative standards will only be available through model year 2016. Inaddition , manufacturers that use the interim alternative diesel engine standards for model years 2014 - 2016 under the EPA program must use equivalent fuel consumption standards under the NHTSA program. For the 2014 to 2016 model years, manufacturers may also choose to meet alternative engine standards that are phased - in over the model y ears to coincide with new EPA On - Board Diagnostic ( OBD ) requirements applicable for these same model years. See Sections II.B and II. D below. The agencies receiv ed a significant number of comments including from the Senate authors and supporters of the Ten - in - Ten Fuel Economy Act arguing that our proposed standards for vocational vehicles did not reflect all of the technologies identified in the 2010 NAS report. The commenters encouraged the agencies to expand the program to bring in additional reductions through the use of new transmission technologies, vehicle weight reductions and h ybrid drivetrains. In general, the agencies agree with the commenters ’ central contention that there are additional technologies to improve the fuel efficiency of vocational vehicles. As discussed later, we are finalizing provisions to allow new technologies to be brought into the program through the innovative technology

credit pro gram. More specifically , we are including provisions to account for and credit the use of h ybrid technology as a technology that can reduce emissions and fuel consumption. Hy brid technology

can currentl y be a cost - effective technology

in certain specific vocational applications, and the agencies want to recognize and promote the use of this technology . ( See Sections I .E and IV below.) However, we are not finalizing standards that are premised on the use of these additional technologies because we have n ot been able to develop the test procedures, regulatory mechanisms and baseline performance data necessary to adopt a more comprehensive approach to controlling fuel efficiency and GHG emissions from vocational vehicles. In concept, the agencies would nee d to know the baseline weight, aerody namic performance, and transmission configuration for the wide range of vocational vehicles produced today . We do not have this information even for relativel y s mall portions of this market (e.g. concrete mixers ) nor are we well informed regarding the potential tradeoffs to changes to vehicle utility

that might exist for changes to concrete mixer designs in response to a regulation. Nor did the commenters provide an y s uch information. Absent this information and the necessary regulatory

tools, we believe the standards we are finalizing for vocational vehicles represent the most appropriate standards for this segment during the model years of the first phase of the program . We intend to address fuel consumption and GH G emissions from these vehicles in a more comprehensive manner through future regulation and look forward to working with all stakeholders on this important segment in the future.***** E.O. 12866 Review**
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37 of 971 The agencies are setting standards beginning in the 2014 model y ear and es tablishing more stringent standards in the 2017 model year. Table I - 4 presents EPA ’ s final CO 2 standards and NHTSA ’ s final fuel consumption standards for chassis manufacturers of Class 2b through Class 8 vocational vehicles for the 2017 model year. The 2017 mo del year standards represent a 6 to 9 percent reduction in CO 2 emissions and fuel consumption over a 2010 model y ear vehicle. **Table I**  **- 4**  **: Final 2017 Class 2b -**  **8 Vocational Vehicle EPA CO 2**  **Standards and NHTSA Fue l**  **Consumption Standards** EPA CO 2 (gram/ton - mile) Standard Effective 2017 Model Year

Li ght Heav y - Dut y Class 2b - 5 Medium Heav y Duty Class 6 - 7 Heav y Heav y - Duty

Class 8 CO 2 Emissions 373 225 222 NHTSA Fuel Consumption (gallon per 1,000 ton - mile) Standard Effective 2017 Model Year Li ght Heav y - Dut y

Class 2b - 5 Medium Heav y Duty Class 6 - 7 Heav y Heav y - Duty

Class 8 Fuel Consumption 36.7 22.1 21.8 As mentioned above for Class 7 and 8 combination tractors, EPA believes that N 2 O and CH 4 emissions are technologicall y related solely to the engine, fuel, and emissions aftertreatment sy stems, and the agency is not aware of any

influence of vehicle - based technologies on these emissions. Therefore, for Class 2b - 8 vocational vehicles, EPA’s fi nal N 2 O and CH 4 standards cover manufacturers of the engines to be used in vocational vehicles. EPA did not propose, nor are we adopting separate vehicle based standards for these GHGs. As for the engines used in Class 7 and 8 tractors, we are finalizing a somewhat higher N 2 O and CH 4 emission standards reflecting new data submitted to the agencies during the public comment period. EPA expects that manufacturers of current engine technologies will be able to compl y with the final “cap” standards with little or no technological improvements; the value of the standards is that they will prevent significant increases in these emissions as alternative technologies are developed and introduced in the future. Compliance with the final EPA engine - based CO 2 standar ds and the final NHTSA fuel consumption standards, as well as the final EPA N 2 O and CH 4 standards, will be determined using the appropriate EPA engine test procedure, as discussed in Section II below. As with the other regulatory categories of heavy - duty vehicles, EPA and NHTSA are adopting standards that apply to Class 2b - 8 vocational vehicles at the time of production, and EPA is adopting standards for a specified period of time in use. All of the standards for these trucks, as well as details about th e final provisions for certification and implementation of these standards, are discussed in more detail later in this notice and in the RIA.***** E.O. 12866 Review**
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38 of 971 EPA did not propose, nor is it adopting A/C refrigerant leakage standards for Class 2b - 8 vocational vehicles, prim arily because of the number of entities involved in their manufacture and thus the potential for different entities besides the chassis manufacturer to be involved in the A/C sy stem production and installation. (d ) What Manufacturers Are Not Covered by the F inal Standards? The NPRM proposed to defer temporaril y greenhouse gas emissions and fuel consumption standards for an y manufacturers of heav y - dut y engines, manufacturers of combination tractors, and chassis manufacturers for vocational vehicles that meet t he “small business” size criteria set b y the Small Business Administration (SBA). 13 CFR 121.201 defines a small business by the maximum number of employees; for example, this is currently

1,000 for heav y - dut y vehicle manufacturing and 750 for engine manu facturing. 34 The agencies stated that they would instead consider appropriate GHG and fuel consumption standards for these entities as part of a future regulatory action. This includes both U.S. - based and foreign small - volume heav y - dut y manufacturers. To ensure that the agencies are aware of which companies would be exempt, the agencies proposed to require that such entities submit a declaration descri bing how it qualifies as a small entity

under the provisions of 13 CFR 121.201 to EPA and NHTSA as prescri bed in Section V below. EPA and NHTSA were not aware of an y manufacturers of HD pickups and vans that meet these criteria. For each of the other categories and for engines, the agencies identified a small number of manufacturers that would appear to quali fy as small businesses under the SBA size criterion, which were estimated to comprise a negligible percentage of the U.S. market. 35 Therefore, the agencies believed that deferring the standards for these companies at this time would have a negligible impac t on the GHG emission reductions and fuel consumption reductions that the program would otherwise achieve. The agencies proposed to consider appropriate GHG emissions and fuel consumption standards for these entities as part of a future regulatory action. The Institute for Policy

I ntegrit y ( IP I ) commented that the small business exemption proposed in the NPRM was based on the improper framework of whether the exemption would have a negligible impact, and did not adequatel y explain why the regulation of sm all businesses would face special compliance and administrative burdens. IP I argued that the onl y proper basis for this exemption would be if the agencies could explain how these burdens create costs that exceeded the benefits of regulation. NHTSA belie ves that developing standards that are “appropriate, cost - effective, and technologicall y feasible” under 49 U.S.C. 32902(k)(2) includes the authority to ex clude certain manufacturers if their inclusion would work against these statutory

34 See § 1036.150 and § 1037.150 35 Two heavy - duty

com bination tractor and ten chassis manufacturers each comprising less than 0.5 percent of the total tractor and vocational market based on Polk Registration Data from 2003 through 2007, and three engine manufacturing entities based on comp any information included in Hoover’s, comprising less than 0.1 percent of the total heavy - duty engine sales in the United States based on 2009 and 2010 EPA certification information.***** E.O. 12866 Review**
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39 of 971 factors. Similarly , under section 202 (a) of the CAA, EPA may reasonabl y choose to defer regulation of industry segments based on considerations of cost, cost - effectiveness and available lead time for standards. As noted above, small businesses make up a very small percent age of the market and are estimated to have a negligible impact on the emissions and fuel consumption goals of this program . The short lead time before the CO 2 standards take effect , the extremely small fuel savings and emissions contribution of these ent ities, and the potential need to develop a program that would be structured differentl y for them (which would require more time to determine and adopt), all led to the decision that the inclusion of small businesses would not be appropriate at this time. Therefore, the final rule ex empt s small business es as proposed . Volvo and EMA stated that by exempting small businesses based on the definition from SBA, the rule s would create a competitive advantage for small businesses over larger entities. EMA commented that the exemption should not apply to market segments where a small business has a significant share of a particular HD market. Volvo argued that the exempted businesses could expand their product offerings or sell vehicles on behalf of lar ger entities, thereb y inappropriatel y increasing the scope of the exclusion . The agencies anticipate that the gain a manufacturer might achieve b y restructuring its practices and products to circumvent the standard (which for vocational vehicles simply me ans installing low rolling resistance tires) in the first few y ears of this program will be outweighed b y the costs, particularl y as small businesses anticipate their potential inclusion in the next rulemaking. Volvo also commented that the agencies shou ld elaborate on the requirements for the exemption in greater detail. The agencies agree that this may help to clarify

the process. As suggested by Volvo, the agencies will consider affiliations to other companies and evidence of spin - offs for the purpos e of circumventing the standards in determining whether a business qualifies as a small entity for this ex clusion . Each declaration must be submitted in writing to EPA and NHTSA as prescribed in Section V below . As the agencies gain more experience with this exemption, these clarifications may be codified in the regulatory te x t of a future rulemaking. Volvo further commented that the agencies were adopting a n ex emption of “small business es ” in order to avoid doing a S mall Business Regulatory Enforcement F airness Act (S BREFA ) and Regulatory Flexibility

Act ( RFA ) anal ys is. The agencies would like to reiterate that they

have decided not to include small businesses at this time due to the factors described above. The discussion on an RFA anal ys is is laid out in Section X II (4). The agencies continue to believe that deferring the standards for these companies at this time will have a negligible impact on the GHG emission reductions and fuel consumption reductions that the program would otherwise achieve. The refore, the final rule s include the small business exemption as proposed . The specific deferral provisions are discussed more detail in Section II. The agencies will consider appropriate GHG emissions and fuel consumption standards for these entities as p art of a future regulatory action.***** E.O. 12866 Review**
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40 of 971 (e) Light- duty Vehicle CH 4 and N

2 O Standards Flexibility After finalization of the N 2 O and CH 4 standards for light - dut y vehicles as part of the 2012 - 2016 MY program, some manufacturers raised concerns that they may have difficulty meeting those standards across their light - duty vehicle fleets. In response to these concerns, as part of the same Federal Register notice as the heav y - duty proposal, EPA requested comments on additional options for manufacturers to comply with light duty vehicle N 2 O and CH 4 standards to provide additional near - term flexibility . Commenters providing comment on this issue supported additional flexibility for manufacturers. EPA is finalizing provisions allowing manufacturers to use CO 2 credits, on a CO 2 - equivalent basis, to meet the N 2 O and CH 4 standards, which is consistent with many commenters’ preferred approach. Manufacturers will have the option of using CO 2 credits to meet N 2 O and CH 4 standards on a test group basis as needed for MYs 2012 - 2016. (f ) Alternative Fuel Engines and Vehicles The agencies believe that it is also appropriate to take steps to recognize the benefits of flexible - fueled vehicles (FFVs) and dedicated alternative - fueled vehicles. In the NPRM, EPA proposed to determine the emissions performance of dedicated alternative fuel engines and pickup trucks and vans by measuring tailpipe CO 2 emissions. NHTSA proposed to determine fuel consumption performance of non - electric dedicated alternative fuel engines and pickup trucks and v ans by measuring fuel consumption with the alternative fuel and then calculating a petroleum equivalent fuel consumption using a Petroleum Equivalency

Factor (PEF) that is determined by the Department of Energy . NHTSA proposed to treat electric vehicles a s having zero fuel consumption, comparable to the EPA proposal. Both agencies proposed to determine FFV performance in the same way as for GHG emissions for light - dut y vehicles, with a 50 - 50 weighting of alternative and conventional fuel test results thro ugh MY 2015, and a weighting based on demonstrated fuel use in the real world after MY 2015 (defaulting to an assumption of 100 percent conventional fuel use). This approach was considered to be a reasonable and logical way

to properly

credit alternative fuel use in FFVs in the real world without imposing a difficult burden of proof on manufacturers. How ever, unlike in the light - dut y rule, the agencies do not believe it is appropriate to create a provision for additional incentives similar to the 2012 - 201 5 light - dut y incentive program ( See 49 U.S.C. 32904) because the HD sector does not have the incentives mandated in EI SA for light - dut y FFVs, and so has not relied on the existence of such credits in devising compliance strategies for the early

model years of this program. See 74 FR at 49531. In fact, manufacturers have not in the past produced FFV heav y - dut y vehicles. On the other hand, the agencies sought comment on how to properly recognize the impact of the use of alternative fuels, and E85 in partic ular, in HD pickups and vans, including the proper accounting for alternative fuel use in FFVs in the real world. 36 See 75 FR at 74198. T he agencies received several comments from natural gas vehicle (NGV) interests arguing for greater crediting of NGVs than the proposed approach would have provided.

36 E85 is a blended fuel consisting of nominally 15 percent gasoline and 8 5 percent ethanol.***** E.O. 12866 Review**
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41 of 971 Clean Energy , Hayday

Farms, Border Valley , AGA, Ryder, Encana, and a group of NGV interests commented that the NPRM ignored Congress’ intent to incentivize the use of NGVs by not including the conversion fac tor that exists in the light - duty statutory language. The commenters argued that Congress’ intent to incentivize NGV s is evident in the formula contained in 49 U.S.C. 32905, which deems a gallon equivalent of gaseous fuel to have a fuel content of 0.15 ga llon of fuel. The commenters also argued that Congress implicitly

intended NGVs to be incentivized in th is rulemaking , as evidenced by the incentives in the light - dut y statutory text. AGA and Hayday

suggested that the agencies were not including the NGV incentive from light - duty because Congress did not explicitly include it in 49 U.S.C. 32902(k), and argued that this would contradict the agencies’ inclusion of other incentives similar to the light - dut y rule. The American Trucking Association expressed s upport for estimating natural gas fuel efficiency

by using carbon emissions from natural gas rather than energy content to estimate fuel consumption. ATA explained that two vehicles can achieve the same fuel efficiency , yet one operated on natural gas wou ld have a lower carbon dioxide emissions rate. A natural gas conversion factor that uses carbon content versus energy content is a more appropriate method for calculating fuel consumption , in the commenter’s view . A number of other groups commented on th e appropriate method to use in establishing fuel consumption from alternative fueled vehicles. A group of NGV interests , Ryder, Border Valley Trading, Waste Management, Robert Bosch and the Blue Green Alliance encouraged the agencies to adopt the 0.15 conversion factor in estimating fuel consumptio n for FFVs and alternative fuel vehicles finalized in the light - duty 2012 - 2016 MY vehicle standards. The suggested incentive would effectively reduce the calculated fuel consumption for FFVs and alternative fuel vehicles by a factor of 85 percent. T he commenters argue d that the incentive is needed for heavy - dut y vehicles to encourage the use of natural gas and to reduce the nation’s dependence on petroleum. The agencies reassessed the options for evaluat ing th e CO 2 and fuel consumption performance of alternative fuel vehicles in response to comments and because the agencies recognized that the treatment of alternate fuel vehicles was one of the few provisions in the proposal where the EPA and NHTSA programs were not aligned. The agencies conducted an analy sis comparing fuel consumption calculated based on CO 2 emissions 37 to fuel consumption calculated based on gasoline or diesel energy equivalency to evaluate impacts of a consistent consumption measurement for all vehicle classes covered b y this program and to further understand how alternative fuels would be impacted b y this measurement methodology. In particular the agencies evaluated how measuring consumption via CO 2 emissions would hinder or benefit the application of alternative fuels versus following similar alternative fuel incentivizing programs provided via statute for the Agency’s light - dut y programs. The anal ys is showed measuring a vehi cle’s CO 2 output converted to fuel consumption provided a fuel consumption measurement benefit to those vehicles operating on fuels other than gasoline or diesel. For CNG, LNG and LPG the benefit is approximately 19 percent to 24 percent, for

37 Fuel consumption calculated from measured CO 2 using conversion factors of 8,887 g CO 2 /gallon for gasoline (for alternative fuel engines that are derived from gasoline engines), and 10,180 g CO 2 /gallon for diesel fuel (for alternative f uel engines that are derived from diesel engines).***** E.O. 12866 Review**
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42 of 971 biodiesel an d ethanol blends the benefit is approximately 1 percent to 3 percent, and for electricit y and h ydrogen fuels the benefit is 100 percent benefit, as fuel consumption is zero. The agencies also considered that the EPA Renewable Fuel Standard, 38 a separate pr ogram, requires an increase in the volume of renewable fuels used in the U.S. transportation sector. For the fuels covered b y the Renewable Fuels Standard additional incentives are not needed in this regulation given the large volume increases required un der the R enewable F uel S tandard . The agencies continue to believe that alternative - fueled vehicles , including NGVs , provide fuel consumption benefits that should be , and are, accounted for in this program. However, the agencies do not agree with the comme nters’ claim that the NGV incentive contained in EISA, and reflected in the light - dut y program , is an explicit Congressional directive that must also be applied to the heav y - dut y program, nor that the light - duty incentive for NGVs should be interpreted as an implicit Congressional directive for NGVs to be comparabl y incentivized in the heavy - dut y program. Further, the agencies believe that the fuel consumption benefits that alternative fuel vehicles w ould obtain through measuring CO 2 emissions for the EPA program and converting CO 2 emissions to fuel consumption for the NHTSA program accuratel y reflect s their energy benefits . T h is accurate accounting , in conjunction with the volumetric increases required b y the Renewable Fuels Standard, provide s sufficient incentives for these vehicles. The agencies continue to believe that the light - dut y conversion factor is not appropriate for this program . Instead, the agencies are finalizing measuring the performance of alternative fueled vehicles b y measuring CO 2 emissions for the EPA program and converting CO 2 emissions to fuel consumption for the NHTSA program. The agencies are also finalizing measuring FFV performance with a 50 - 50 weighting of alternative and conventional fuel test results through MY 2015, and an agency - or manufacturer - determined weighting based on demonstrated fuel use in the real world after MY 2015 (defaulting to an assumption of 100 percent conventional fuel use). The agencies believe this structure accuratel y reflects the fuel consumpti on of the vehicles while at the same time providing a n incentive for the alternative fuel use. (For example, natural gas heavy dut y engines perform 20 to 30 percent better than their diesel and gasoline counterparts from a CO 2 perspective, and so meet the standards adopted in these rules without cost, and indeed will be credit generators without cost.) We believe this is a substantial enough advantage to spur the market for these vehicles. The calculation at the same time does not overestimate the benefi t from th ese technolog ies , which could reduce the effectiveness of the regulation. Therefore, the final rule s do not include the light - dut y 0.15 conversion factor for NGVs. The agencies would like to clarify that the decision not to include an NGV incent ive was based on this policy determination, not on a belief that incentives present in the light - duty rule could not be developed for the heav y - duty sector beca u se they were not explicitly

included in Section 32902(k).

38 EPA is responsible for developing and implementing regulations to ensure that transportation fuel sold in the United States contains a minimum volume of renewable fuel. The RFS program was created unde r the Energy Policy Act (EPAct) of 2005, and expanded under the Energy Independence and Security Act (EISA) of 2007.***** E.O. 12866 Review**
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43 of 971 NHTSA recognizes that EPCA/EI SA promo tes incentives for alternative fueled vehicles for different purposes than does the CAA, and that there may be additional energy and national security

benefits that could be achieved through increasing fleet percentages of natural gas and other alternative - fueled vehicles. More alternative - fueled vehicles on road would arguably displace petroleum - fueled vehicles, and thereb y increase both U.S. energy

and national securit y b y reducing the nation’s dependence on foreign oil. However, a rule that adopts ide ntical incentive provisions reduces industry reporting burdens and NHTSA’s monitoring burden. In addition, the agencies are concerned that providing greater incentives under EPCA/EI SA might lead to little increased production of alternative fueled vehicles . If this were the case, then the benefits of harmonization could outweigh an y potential gains from providing greater incentives. It is also consistent with Executive Order 13563 . 39 Adopting the same incentive provisions could also have benefits for the p ublic, the regulated industries, and the agencies. This approach allows manufacturers to project clear benefits for the application of GHG - reduction and fuel efficiency technologies, thus spurring their adoption. This combined rulemaking b y EPA and NHTSA is designed to regulate two separate characteristics of heav y dut y vehicles: greenhouse gas emissions (GHG) and fuel consumption. Inthe case of diesel or gasoline powered vehicles, there is a one - to one relationship between these two characteristics. Each gallon of gasoline combusted by a truck engine generates approximately 8,887 grams of CO 2 ; and each gallon of diesel fuel burned generates about 10,180 grams of CO 2 . Because no available technologies reduce tailpipe CO 2 emissions per gallon of fuel combusted, any rule that limits tailpipe CO 2 emissions is effectively identical to a rule that limits fuel consumption. Compliance by a truck manufacturer with the NHTSA fuel economy rule assures compliance with the EPA rule, and vice versa. For alternati vel y fueled vehicles, which use no petroleum, the situation is different. For example, a natural gas vehicle that achieves approximately the same fuel econom y as a diesel powered vehicle would emit 20 percent less CO 2 ; and a natural gas vehicle with the s ame fuel economy as a gasoline vehicle would emit 30 percent less CO 2 . Yet natural gas vehicles consume no petroleum. To the extent that the goal of the NHTSA fuel economy

portion of this rulemaking is to curb petroleum use, crediting natural gas vehicle s with zero fuel consumption per mile could contribute to achieving that goal. Similar differences between oil consumption and greenhouse gas emissions would apply

to electric vehicles, hy

brid electric vehicles, and biofuel - powered vehicles.

39 EO 13563 states that an agency shall “ tailor its regulations to impose the least burden on society, consistent with obtaining regulatory objectives, taking into account, among other things, and to the extent practicable, the costs of cumulative regulations,” and “promote such coordination, simplification, and harmonization” as will reduce redundancy, inconsistency, and costs of multiple re gulatory requirements.***** E.O. 12866 Review**
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44 of 971 NHTSA notes that the purpose of EPCA/EI SA is not merely to curb petroleum use – it is more generally to secure energy independence, which can be achieved by reducing petroleum use. The value of incentivizing natural gas, electric vehicles, biofuels, hydrogen, or othe r alt fuel vehicles for energy independence is limited to the extent that the alternative fuels may be imported. In the recent rulemaking for light - dut y vehicles, EPA and NHTSA have followed the light duty specific statutory

provision that treats one gall on of alternative fuel as equivalent to 0.15 gallons of gasoline until MY 2016, when performance on the EPA CO 2 standards is measured based on actual emissions. 75 FR at 25433 . Following that MY 2012 - 2015 approach in this heav y dut y program would mean th at, for example, a natural gas powered truck would have attributed to it 20 percent less CO 2 emissions than a comparable diesel powered truck, but 85 percent less fuel consumption. Engine manufacturers with a relativel y l arge share of alternative - fuel prod

ucts would likely

have an easier time complying with NHTSA’s average fuel econom y standard than with EPA’s GHG standard. Similarly , engine manufacturers with a relatively small share of alternative - fuel products would have a relativel y easier time complyi ng with EPA’s CO 2 standard than with NHTSA’s fuel econom y standard. In that way , the rule would not differ from the light duty vehicle rules. Instead, in this program , EPA and NHTSA are establishing identical rules. Fuel consumption for alternatively - powered vehicles will be calculated according to their tailpipe CO 2 emissions. In that way , there will be a one - to - one relationship between fuel econom y and tailpipe CO 2 emissions for all vehicles . However, this might not result in a one - to - one relationship between petroleum consumption and GHG emissions for all vehicles. On the other hand, it could have the disadvantage of not doing more to encourage some cost - effective means of reducing petroleum consumption by trucks, and the accompan yi ng energy securit y costs. By attributing to natural gas engines only 20 percent less fuel consumption than comparable diesel engines, because they emit 20 percent less CO 2 , rather than attributing to them a much larger percentage reduction in fuel consumpti on, because they use no petroleum, this uniform approach to rulemaking provides less of an incentive for technologies that reduce consumption of petroleum based fuels. In the future, the Agencies will consider the possibility of proposing standards in a wa y that more fully reflects differences in fuel consumption and greenhouse gas emissions. Under such standards, an y given vehicle might “over - comply” with the fuel econom y standard, but might “under - compl y” with the greenhouse gas standard. Therefore, in meeting the fleet - wide requirements, a manufacturer would need to meet both standards using all available options, such as credit trading and technology mix. Allowing for two distinct standards might enable manufacturers to achieve the twin goals of reduc ing greenhouse gas emissions and decreasing consumption of petroleum - based fuels in a more cost - effective manner. 

### D. **Summary of Costs and Benefits of the HD National Program** This section summarizes the projected costs and benefits of the final NHTSA fuel con sumption and EPA GHG emissions standards. These projections help ed to inform the***** E.O. 12866 Review**
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45 of 971 agencies’ choices among the alternatives considered and provide further confirmation that the final standards are an appropriate choice within the spectrum of choices allowab le under the agencies’ respective statutory criteria. NHTSA and EPA have used common projected cost s and benefits as the bases for our respective standards. The agencies have anal yzed in detail the projected costs , fuel savings, and benefits of the final GHG and fuel consumption standards. Table I - 5 shows estimated lifetime discounted program cost s (including technological outlay s) , fuel savings, and benefits for all heav y - duty vehicles projected to be sold in model years 2014 - 2018 over these vehicles’ lives . The benefits include impacts such as climate - related economic benefits from reducing emissi ons of CO 2 (but not other GHGs) and reductions in en ergy securit y externalities caused by U.S. petroleum consumption and imports. The anal ys is also includes economic impacts stemming from additional heavy - duty vehicle use attributable to fuel savings , such as the economic damages caused b y accidents, conge stion and noise. Note that benefits reflect on estimated values for the social cost of carbon (SCC) , as described in Section VIII.G. The costs , fuel savings, and benefits summarized here are slightly higher than at proposal, reflecting the use of 2009 (ve rsus 2008) dollars, some minor changes to our cost estimates in response to comments, and a change to the 2011 Annual Energy Outlook (AEO) estimate of economic growth and future fuel prices. In aggregate, these changes lead to an increased estimate of the net benefits of the final action compared to the proposal.***** E.O. 12866 Review**
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46 of 971 **Table I**  **- 5**  **: Estimated Lifetime Discounted Costs,**  **Fuel Savings, Benefits, and Net Benefits** 

**for 2014**  **- 2018 Model Year**  **H eavy**  **- Duty**  **Vehicles a,b**  **( Billions,**  **200 9**  **$ )**  Lifeti me Present V alue c

– 3% Discount Rate Program Costs $ 8.1 Fuel Savings $ 50 Benefits $ 7.3 Net Benefits d $49

Annualized V alue e

– 3% Discount Rate Annualized Costs $0.4 Fuel Savings $2.2 Annualized Benefits $0. 4 Net Benefits d $2. 2

Lifetime Present V alue c - 7% Discount Rate Program Costs $ 8.1 Fuel Savings $ 34 Benefits $6.7 Net Benefits d $ 33

Annualized V alue e

– 7% Discount Rate Annualized Costs $0.6 Fuel Savings $2.6 Annualized Benefits $0.5 Net Benefits d $2.5 Note s: a The agencies estimated the benefits associated with four different values of a one ton CO 2 reduction ( mo del average at 2.5% discount rate, 3%, and 5%; 95 th percentile at 3% ), which each increase over time. F or the purposes of this overview presentation of estimated costs and benefits , however, we are showing the benefits associated with the marginal value deemed to be central by the interagency working group on this topic: the mo del average at 3% discount rate , in 200 9 dollars. Section VIII.F provides a c om plete list of values for the 4 estimates . b Note that net present value of reduced GHG emissions is calculated differently than other benefits. The same discount rate used to discount the value of damages from future emissions (SCC at 5, 3, and 2.5 percent) is used to calculate net present value of SCC for internal consistency. Refer to Section VIII.F for more detail . c Present value is the total, aggregated amount that a series of monetized costs or benefits that occur over time is worth now (in year 2009 dollar terms), discounting future values to the present. d Net benefits reflect the fuel savings plus benefits minus costs. e T he annualized value is the constant annual value through a given time period (2012 through 2050 in this analysis) whose summed present value equals the present value from which it was derived . Table I - 6 shows the estimated lifetime reductions in CO 2 emissions (in million metric tons (MMT)) and fuel consumption for all heavy - dut y vehicles sold in the model ye ars 2014 - 2018. The values in Table I - 6 are projected lifetime totals for each model ye ar and are not discounted. The two agencies’ standards together comprise the HD National Program, and the agencie s’ respective GHG emissions and fuel consumption standards, jointly , are the source of the benefits and costs of the HD National Program.***** E.O. 12866 Review**
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47 of 971 **Table I**  **- 6**  **: Estimated Lifetime**  **Reductions in Fuel Consumption and**  **CO 2**  **Em issions**  **f or 2014**  **- 2018**  **Model Year HD Vehicles** All Heavy - Duty Vehicles 2014 MY 2015 MY 2016

MY 2017

MY 2018 MY Total Fuel (billion gallons) 4.0 3.6 3.6 5.1 5.8 22. 1 Fuel (billion barrels) 0.10 0.09 0.0 8 0.12 0.14 0.5 3 CO 2 (MMT) a 50.2 44.8 44. 0 6 2.8 7 1.7 27 3 Note: a Includes upstream and downstream CO 2 reductions . Table I - 7 shows the estimated lifetime discounted benefits for all heav y - duty vehicles sold in model years 2014 - 2018. Although the agencies estimated the benefits associated with four different values of a one ton CO 2 reduction ($5, $22, $36, $66), for the purposes of this overview presentation of estimated benefits the agencies are showing the ben efits associated with one of these marginal values, $22 per ton of CO 2 , in 200 9 dollars and 2010 emissions. Table I - 7 presents benefits based on the $22 per ton of CO 2 value. Section VIII.F presents the four marginal values used to estimate monetized benefits of CO 2 reductions and Section VIII presents the program benefits using each of the four marginal values, which represent onl y a partial accounting of total benefits due to omitted climate change impacts and other factors that are not readil y monetized. The values in the table are discounted values for each model year of vehicles throughout their projected lifetimes. The anal ys is include s other economic impacts such as energy securit y , and other externalities such as impacts on accidents, congestion and noise. However, the model year lifetime anal ys is supporting the program omits other impacts such as benefits related to non - GHG emission reductions. 40 The lifetime discounted benefits are shown for one of four different SCC values considered b y EPA and NHTSA. The values in Table I - 7 do not include costs associated with new technology required to meet the GHG and fuel consumption standard s . **Table I**  **- 7**  **: Estimated Lifetime D**  **iscounted Benefits for**  **2014 -**  **2018 Model Year HD Vehicles**  **Assuming**

**the Model Average, 3% Discount Rate**  **SCC Value a,b**  **,c (billions of 200**  **9 dollars)**  Discount Rate Model Year

2014 2015 2016 2017 2018 Total 3% $10.7 $9. 4 $9.2 $13.2 $14.9 $5 7 7% $8. 3 $ 6.9 $6.6 $9.2 $10.1 $41 Notes: a The analysis includes impacts such as the economic value of reduced fuel consumption and accompanying climate - related economic benefits from reducing emissions of CO 2 (but not other GHGs), and reductions in energy security external ities caused by U.S. petroleum consumption and im ports. The analysis also includes economic impacts stemming from additional heavy - duty vehicle use, such as the economic damages caused by accidents, congestion and noise. b Note that net present value of r educed CO 2 emissions is calculated differently than other benefits. The same discount rate used to discount the value of damages from future emissions (SCC at 5, 3, and 2.5 percent) is used to calculate net present value of SCC for internal consistency. Refer to Section VIII.F for more detail , including a list of all four SCC values, which increase over time . 40 Non - GHG emissions and health - related impacts were estimated for the calendar year analysis. See Section VII for more information about non - GHG emission impacts and Section VIII for more information about non - GHG - related health imp acts.***** E.O. 12866 Review**
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48 of 971 c Benefits in this table include fuel savings. Table I - 8 shows the agencies’ estimated lifetime fuel savings , lifetime CO 2 emission reductions, and the monetized net present values of those fuel savings and CO 2 emission reductions. The gallons of fuel and CO 2 emission reductions are projected lifetime values for all vehicles sold in the model years 2014 - 2018. The estimated fuel savings in billions of barrels and the GHG reductions in million metric tons of CO 2 shown in Table I - 8 are totals for the five model ye ars throughout their projected lifetime and are not discounted. The monetized values shown in Table I - 8 are the summed values of the discounted monetized - fuel consumption and mone tized - CO 2 reductions for the five model years 2014 - 2018 throughout their lifetimes. The monetized values in Table I - 8 reflect both a 3 percent and a 7 percent discount rate as noted. **Table I**  **- 8**  **: Estimated Lifetime**  **Reductions and Associated Discounted Monetized Benefits**  **for 2014**  **-**

**2018 Model Year HD Vehicles**  **(m onetized values in 200**  **9 dollars)**  Amount $ value (billions) Fuel Consumption Reductions 0.5 3 billion barrels $50.1 , 3% discount

rate $34. 4 , 7% discount rate CO 2 Emission Reductions a V alued assuming $22/ton CO 2 in 2010 27 3 MMT CO 2 $5.8 b Notes: a Includes both upstream and downstream CO 2 emission reductions. b Note that net present value of reduced CO 2 emissions is calculated differently than other benefits. The same discount rate used to discount the value of damages from future emissions (SCC at 5, 3, and 2.5 percent) is used to calculate net present value o f SCC for internal consistency. Refer to Section VIII.F for more detail. Table I - 9 shows the estimated incremental and total technology outlay s for all heav y - dut y v ehicles for each of the model years 2014 - 2018. The technology outlay s shown in Table I - 9 are for the industry as a whole and do not account for fuel saving s associate d with the program. **Table I**  **- 9**  **: Estimated Incremental Technology Outlays**  **for 2014**  **- 2018 Model Year**  **HD Vehicles (billions of 200**  **9 dollars)**  2014 MY 2015 MY 2016 MY 2017 MY 2018 MY Total All Heav y Duty Vehicles $1.6 $ 1.4 $ 1.5 $ 1.6 $ 2.0 $8. 1 Table I - 10 shows the agencies’ estimated incremental cost increase of the average new heav y - dut y vehicle for each model year 2014 - 201 8 . The values shown are incremental to a baseline vehicle and are not cumulative.***** E.O. 12866 Review**
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49 of 971 **Table I**  **- 10**  **: Estimated Incremental Increase in Average Cost**  **for 2014**  **- 2018 Model Year**  **HD Vehicles (200**  **9 dollars per unit)**  2014 MY 2015

MY 2016 MY 2017 MY 2018 MY Combination Tractors $6,019 $5,871 $5,677 $6,413 $6,215 HD Pickups &Vans $165 $215 $422 $631 $1,048 Vocational Vehicles $329 $320 $397 $387 $378 Both costs and benefits presented in this section are in comparison to a reference case with no improvements in fuel consumption or greenhouse gas emissions in model ye ars 2014 to 2018. 

### E. **Program Flexibilities** For each of the heav y - duty vehicle and heavy - duty

engine categories for which we are adopting respective standards, EPA and NHTSA are also finalizing provisions designed to give manufacturers a degree of flexibility in compl yi ng with the standards. These final provisions have enabled the agencies to c onsider overall standards that are more stringent and that will become effective sooner than we could consider with a more rigid program, one in which all of a manufacturer’s similar vehicles or engines would be required to achieve the same emissions or fu el consumption levels, and at the same time. 41 We believe that incorporating carefull y structured regulatory flexibility

provisions into the overall program is an important way to achieve each agency ’s goals for the program. NHTSA’s and EPA’s flexibility provisions are essentially identical in structure and function. Within combination tractor and vocational vehicle categories and within heav y - dut y engines, we are finalizing four primary types of flexibility : averaging, banking, and trading (ABT) provis ions; earl y credits; advanced technology credits (including h ybrid powertrains); and innovative technology credit provisions. The final ABT provisions are patterned on existing EPA and NHTSA ABT programs and will allow a vehicle manufacturer to reduce CO 2 emission and fuel consumption levels further than the level of the standard for one or more vehicles to generate ABT credits. The manufacturer can use those credits to offset higher emission or fuel consumption levels in the same averaging set , “bank” th e credits for later use, or “trade” the credits to another manufacturer. For HD pickups and vans, we are finalizing a fleet averaging sy stem very similar to the light - duty

GHG and CAFE fleet averaging s ys tem. At proposal, we restricted the use of the ABT provisions of the program to vehicles or engines within the same regulatory subcategory . This meant that credit exchanges could only

happen between similar vehicles meeting the same standards. We proposed this approach for two reasons. First, we were co ncerned about a level playing

41 NHTSA notes that it has greater flexibility in the HD program to include consideration of credits and other flexibilities in determining appropriate and feasible levels of stringency than it does in the light - duty CAFE program. Cf. 49 U.S.C. 32902 (h), which applies to light - duty CAFE but not heavy - duty fuel efficiency under 49 U.S.C. 32902(k).***** E.O. 12866 Review**
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50 of 971 field between different manufacturers who may not participate equally

in the various truck and engine markets covered in the regulation. Second, we were concerned about the uncertainties inherent in credit calculations that are based on projections of lifetime emissions for different vehicles in wholly different vehicle markets. In response to comments, we have revised our ABT provisions to provide greater flexibility while continuing to provide assurance that the projected r eductions in fuel consumption and GHG emissions will be achieved. We are relaxing the restriction on averaging, banking, and trading of credits between the various regulatory subcategories, by

defining three HD vehicle averaging sets: Light Heav y - Dut y (C lasses 2b - 5); Medium Heav y - Duty (Class 6 - 7); and Heav y Heavy - Duty (Class 8). This allows the use of credits between vehicles within the same weight class. This means that a Class 8 day cab tractor can exchange credits with a Class 8 high roof sleeper trac tor but not with a smaller Class 7 tractor. Also, a Class 8 vocational vehicle can exchange credits with a Class 8 tractor. We are adopting these revisions based on comments from the regulated industry that convinced us these changes would allow the broadest trading possible while maintaining a level playing field among the various market segments. However, we are restricting trading between engines and chassis, even within the same vehicle class. The agencies believe that restricting trading to wi thin the same eight c lasses as EPA’s existing criteria pollutant program (i.e. Heavy - Heavy Dut y, Light Heav y - Duty , Medium Heav y - Dut y) and restricting between engines and chassis for the same vehicle ty pe , but not restricting trad ing between vehicle or engi ne ty pe (such as combination tractors ) , is appropriate and reasonable. We do not expect emissions from engines and vehicles

– when restricted by weight class

– to be dissimilar. W e therefore expect that the lifetime vehicle performance and emissions leve ls will be very similar across these defined categories , and the estimated credit calculations will fairly ensure the expected fuel consumption and GHG reductions. The agencies considered even broader averaging, banking, and trading provisions but decide d that in this first phase of regulation, it would be prudent to s tart w ith the program described here, which will regulate greenhouse gas emissions and fuel consumption from this sector for the first time and provide considerable early reductions as well as opportunities to learn about technical and other issues that can inform future rulemakings. In the future we intend to consider whether such provisions could be designed so as to address any other relevant concerns. Reducing the cost of regulation thro ugh broader use of market tools is a high priority for the Administration. See Executive Order 13563 and in particular section 1(b)(5) and section 4. Consistent with this principle, we intend to seek public comment through a Notice of Data Availability a fter credit trading begins in 2013, the first year we expect manufacturers to begin certifying 2014 model year vehicles, on whether broader credit trading is more appropriate in developing the next phase of heav y - duty regulations. We believe that input wi ll be better informed b y the work the agencies and the regulated industry will have put into implementing this first phase of heavy - dut y regulations. Through this public process, emphasizing the Administration’s strong preference for flexible approaches an d maximizing the use of market tools, the agencies intend to***** E.O. 12866 Review**
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51 of 971 fully consider whether broader credit tra ding is more appropriate in dev e l oping the next phase of heav y - dut y regulations. This program thus does not allow credits to be exchanged between heavy - duty vehicles and light - dut y vehicles, nor can credits be traded from heav y - dut y vehicle fleets to light - duty

vehicle fleets and vice versa. The engine ABT provisions are also changed from the proposal and now are the same as in EPA’s existing criteria pol lutant emission rules . The agencies have broadened the averaging sets to include both FTP - certified and SET - certified engines in the same averaging set. For example, a SET - certified engine intended for a Class 8 tractor can exchange credits with a FTP - ce rtified engine intended for a Class 8 vocational vehicle. The agencies are finalizing three year deficit carry - forward provisions for heav y duty engines and vehicles within a limited time frame. This flexibility is expected to provide an opportunit y for manufacturers to make necessary technological improvements and reduce the overall cost of the program without compromising overall environmental and fuel economy

objectives. This flexibility , similar to the flexibility the agencies have offered under the light - duty vehicle program, is intended to assist the broad goal of harmonizing the two agencies’ standards while preserving the flexibility of manufacturers of vehicles and engines in meeting the standards, to the extent appropriate and required by law. During the MYs 2014

–2018 manufacturers are expected to go through the normal business cycle of redesigning and upgrading their heavy - dut y engine and vehicle products, and in some cases introducing entirel y new vehicles and engines not on the market today . As explained in the following paragraph, the carry - forward provision will allow manufacturers the time needed to incorporate technology to achieve GHG reductions and improve fuel econom y during the vehicle redesign process. We received comments from Cente r for Biological Diversity against the need to offer the deficit carry - forward flexibility . CBD has stated that allowing manufacturers to carry - forward deficits for up to three y ears would incentiv iz e delay s in investment and technological innovation and allow for the generation of additional tons of GHG emissions that may

be prevented today . However, the deficit carry - forward flexibility (as well as ABT generall y) has enabled the agencies to consider overall standards that are more stringent and that wil l become effective at an earlier period than we could consider with a more rigid program. The agencies also believe this flexibility is an important aspect of the program , as it avoids the much higher costs that would occur if manufacturers needed to add or change technology at times other than their scheduled redesigns, i.e. the cost of adopting a new engine or vehicle platform mid - production or mid - design. This time period would also provide manufacturers the opportunity to plan for compliance using a mu lti - year time frame, again consistent with normal business practice. Over these four model years, there would be an opportunity for manufacturers to evaluate practically

all of their vehicle and engine model platforms and add technology in a cost effective way

to control GHG emissions and improve fuel economy . As noted above, in addition to ABT, the other primary flexibility

provisions in this program involve opportunities to generate early credits, advanced technology credits***** E.O. 12866 Review**
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52 of 971 (including for use of hy

brid powertrains), and innovative technology credits. For the earl y credits and advanced technology credits, the agencies sought comment on the appropriateness of providing a 1.5x multiplier as an incentive for their use. We received a number of comments sup porting the idea of a credit multiplier, arguing it was an appropriate means to incentivize the earl y compliance and advanced technologies the agencies sought. We received other comments suggesting a multiplier was unnecessary . After considering the comm ents, the agencies have decided to finalize a 1.5x multiplier consistent with our request for comments. We believe that given the very short lead time of the program and the nascent nature of the advanced technologies identified in the proposal, that a 1. 5x multiplier is an effective means to bring technology forward into the heav y - dut y sector sooner than would otherwise occur. In addition, advanced technology credits could be used an ywhere within the heav y duty sector (including both vehicles and engines ), but early

credits would be restricted to use within the same defined averaging set generating the credit. For other technologies which can reduce CO 2 and fuel consumption, but for which there do not yet exist established methods for quantifying reducti ons, the agencies still wish to encourage the development of such innovative technologies, and are therefore adopting special “innovative technology” credits. These innovative technology credits will apply

to technologies that are shown to produce emissio n and fuel consumption reductions that are not adequatel y recognized on the current test procedures and that are not yet in widespread use in the heavy - dut y sector . Manufacturers will need to quantify

the reductions in fuel consumption and CO 2 emissions that the technology is expected to achieve, above and beyond those achieved on the existing test procedures. As with ABT, the use of innovative technology credits will only

be allowed for use among vehicles and engines of the same defined averaging set gen erating the credit, as described above. The credit multiplier will not be used for innovative technology credits. CBD argued that including an y opportunities for manufacturers to earn credits in the final rule would violate NHTSA’s statutory mandate to implement a program designed to achieve the maximum feasible improvement. NHTSA strongl y believes that creating credit flexibilities for manufacturers for this first phase of the HD National Program is fully consistent with the agency ’s obligation to devel op a fuel efficiency improvement program designed to achieve the maximum feasible improvement. EI SA gives NHTSA broad authorit y to develop “compliance and enforcement protocols” that are “appropriate, cost - effective, and technologicall y feasible,” and the agency believes that compliance flexibilities such as the opportunity

to earn and use credits to meet the standards are a reasonable and appropriate interpretation of that authority , along with the other compliance and enforcement provisions developed for this final rule. Unlike in NHTSA’s light - dut y program, where the agency is restricted from considering the availability of credits in determining the maximum feasible level of stringency for the fuel economy

standards, 42 in this HD National Program, NHTSA and EPA have based the levels of stringency in part on our assumptions of the use of available flexibilities that have been built into the

42 See 49 U.S.C. 32902(h).***** E.O. 12866 Review**
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53 of 971 program to incentivize over - compliance in some respects, to balance out potential under compliance in others. By a ssuming the use of credits for compliance, the agencies were able to set the fuel consumption/GHG standards at more stringent levels than would otherwise have been feasible. Greater improvements in fuel efficiency will occur under more stringent standards ; manufacturers will simply have greater flexibility

to determine where and how to make those improvements than they would have without credit options. Further, this is consistent with EO s 12866 and 13563, which encourage agencies to design regulations th at promote innovation and flexibility where possible. 43 A detailed discussion of each agency ’s ABT, early credit, advanced technology , and innovative technology provisions for each regulatory category of heavy - dut y vehicles and engines is found in Section IV below. 

### F. **EPA and NHTSA Statutory**  **Authorities (1)**  **EPA Authority**  Title II of the CAA provides for comprehensive regulation of mobile sources, authorizing EPA to regulate emissions of air pollutants from all mobile source categories. When acting under Title II of the CAA, EPA considers such issues as technology effectiveness, its cost (both per vehicle, per manufacturer, and per consumer), the lead time necessary

to implement the technology , and based on this the feasibility and practicabilit y of potential stand ards; the impacts of potential standards on emissions reductions of both GHGs and non - GHGs; the impacts of standards on oil conservation and energy

securit y; the impacts of standards on fuel savings by customers ; the impacts of standards on the truck indus try ; other energy impacts; as well as other relevant factors such as impacts on safety . This final action implements a specific provision from Title II, section 202(a). 44 S ection 202(a)(1) of the CAA states that “ the Administrator shall by regulation pres cribe (and from time to time revise)...standards applicable to the emission of any air pollutant from an y class or classes of new motor vehicles ..., which in his judgment cause, or contribute to, air pollution which may reasonabl y be anticipated to endanger p ublic health or welfare. ” With EPA ’ s December 2009 final findings that certain greenhouse gases may reasonably

be anticipated to endanger public health and welfare and that emissions

43 EO 12866 states that an agency must “design its regulations in the most cost - effective manner to achieve the regulatory objective ... consider[ing] incentives for innovation... [and] flexibility,” among other factors ; EO 13563 directs agencies to “seek to identify, as appropriate, means to achieve regulatory goals that are designed to promote innovatio n,” and “ identify and consider regulatory approaches that... maintain flexibility.” 44 See 42 U.S.C. 7521 (a) . A number of commenters believed that the GHG program was being adopted pursuant to section 202 (a)(3)(A) and that the lead time requirements of section 202 (a)(3)(C) therefore apply. This is mistaken. Section 202 (a)(3)(A) applies to standards for emissions of hydrocarbons, carbon mo noxide, oxides of nitrogen, and particulate matter from heavy - duty vehicles and engines. This does not include the GHGs regulated under the standards in today’s action. This comment is addressed further in the Response to Comment document.***** E.O. 12866 Review**
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54 of 971 of GHGs from section 202 (a) sources cause or contribute to that endange rment , section 202(a) requires EPA to issue standards applicable to emissions of those pollutants from new motor vehicles. Any standards under CAA section 202(a)(1) “ shall be applicable to such vehicles ... for their useful life. ” Emission standards set by the EPA under CAA section 202(a)(1) are technology - based, as the levels chosen must be premised on a finding of technological feasibility . Thus, standards promulgated under CAA section 202(a) are to take effect onl y “ after providing such period as the Adm inistrator finds necessary to permit the development and application of the requisite technology , giving appropriate consideration to the cost of compliance within such period ” (section 202(a)(2); see also NRDC v. EPA , 655 F. 2d 318, 322 (D.C. Cir. 1981)). EPA is afforded considerable discretion under section 202(a) when assessing issues of technical feasibility and availability

of lead time to implement new technology . Such determinations are “ subject to the restraints of reasonableness ” , which “ does not open the door to ‘ crys tal ball ’ inquiry . ” NRDC , 655 F. 2d at 328, quoting International Harvester Co. v. Ruckelshaus , 478 F. 2d 615, 629 (D.C. Cir. 1973). However, “ EPA is not obliged to provide detailed solutions to every

engineering problem posed in the perfection of the trap - oxidizer. In the absence of theoretical objections to the technology , the agency need only

identify the major steps necessary

for development of the device, and give plausible reasons for its belief that the industry

will be able to solve those problems in the time remaining. The EPA is not required to rebut all speculation that unspecified factors may hinder ‘ real world ’ emission control. ” NRDC , 655 F. 2d at 333 - 34. In developing such technology based standards, EPA has the discretion to consider different standards for appropriate groupings of vehicles ( “ class or classes of new motor vehicles ” ), or a single standard for a larger grouping of motor vehicles (NRDC , 655 F. 2d at 338). Although standards under CAA section 202(a)( 1) are technology - based, they are not based exclusively

on technological capability . EPA has the discretion to consider and weigh various factors along with technological feasibility , such as the cost of compliance ( See section 202(a) (2)), lead time nece ssary for compliance (section 202(a)(2)), safet y ( See NRDC , 655 F. 2d at 336 n. 31) and other impacts on consumers, and energy impacts associated with use of the technology . See George E. Warren Corp. v. EPA , 159 F.3d 616, 623 - 624 (D.C. Cir. 1998) (ordinaril y permissible for EPA to consider factors not specificall y enumerated in the CAA). See also Entergy Corp. v. Riverkeeper, Inc. , 129 S.Ct. 1498, 1508 - 09 (2009) (congressional silence did not bar EPA from employing cost benefit anal ys is under Clean Water Act absent some other clear indication that such anal ys is was prohibited; rather, silence indicated discretion to use or not use such an approach as the agency

deems appropriate). In addition, EPA has clear authority to set standards under CAA section 202(a) that are technology

forcing when EPA considers that to be appropriate, but is not required to do so (as compared to standards set under provisions such as section 202(a)(3) and***** E.O. 12866 Review**
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55 of 971 section 213(a)(3)). 45 EPA has interpreted a similar statutory provision, CAA section 231, as follows: While the statutory

language of section 231 is not identical to other provisions in title II of the CAA that direct EPA to establish technology - based standards for various ty pes of engines, EPA interprets its authorit y under section 231 to be somewhat similar to those provisions that require us to identify a reasonable balance of specified emissions reduction, cost, safet y, noise, and other factors. See , e.g. , Husqvarna AB v. EPA, 254 F.3d 195 (D . C . Cir. 2001) (upholding EPA ’ s promulgation of technology - based standards for small non - road engines under section 213(a)(3) of the CAA). However, EPA is not compelled under section 231 to obtain the ‘‘ greatest degree of emission reduction achievable ’’ as per sections 213 and 202 of the CAA, and so EPA does not interpret the Act as requiring the agency to give subordinate status to factors such as cost, safet y, and noise in determining what standards are reasonable for aircraft engines. Rather, EPA has greater flexibility

under section 231 in determining what standard is most reasonable for aircraft engines, and is not required to achieve a ‘‘ technology forcing ’’ result ( 70 FR 69664 and 69676, November 17, 2005 ) . This interpretation was upheld as reason able in NACAA v. EPA , 489 F.3d 1221, 1230 (D.C. Cir. 2007). CAA section 202(a) does not specify the degree of weight to apply to each factor, and EPA accordingl y has discretion in choosing an appropriate balance among factors. See Sierra Club v. EPA , 325 F.3d 374, 378 (D.C. Cir. 2003) (even where a provision is technology - forcing, the provision “ does not resolve how the Administrator should weigh all [the statutory] factors in the process of finding the ‘ greatest emission reduction achievable ’ ” ). See a ls o Husqvarna AB v. EPA , 254 F. 3d 195, 200 (D.C. Cir. 2001) (great discretion to balance statutory factors in considering level of technology - based standard, and statutory requirement “ to [give appropriate] consideration to the cost of applying ... technolog y” does not mandate a specific method of cost anal ys is); see also Hercules Inc. v. EPA , 598 F. 2d 91, 106 (D.C. Cir. 1978) ( “ In reviewing a numerical standard the agencies must ask whether the agency ’ s numbers are within a zone of reasonableness, not wheth er its numbers are precisely right ” ); Permian Basin Area Rate Cases , 390 U.S. 747, 797 (1968) (same); Federal Power Commission v. Conway Corp. , 426 U.S. 271, 278 (1976) (same); Exxon Mobil Gas Marketing Co. v. FERC , 297 F. 3d 1071, 1084 (D.C. Cir. 2002) (s ame). (a ) EPA Testing Authority Under section 203 of the CAA, sales of vehicles are prohibited unless the vehicle is covered b y a certificate of conformity . EPA issues certificates of conformity pursuant to section 206 of the Act, based on (necessarily) pre - s ale testing conducted either by EPA or by the manufacturer. The Heav y - dut y Federal Test Procedure (Heav y - duty FTP) and the Supplemental Engine Test (SET) are used for this purpose. Compliance with standards is required not only at certification but throu ghout a vehicle ’ s useful life, so

45 One commenter mistakenly stated that section 202 (a) standards must be technology - forcing, but the provision plainly does not require EPA to adopt technology - forcing standards. See further discussion in Section III.A below .***** E.O. 12866 Review**
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56 of 971 that testing requirements may continue post - certification. Useful life standards may apply an adjustment factor to account for vehicle emission control deterioration or variability

in use (section 206(a)). EPA establish ed the Li ght - duty FTP for emissions measurement in the earl y 1970s. In 1976, in response to the Energy Policy and Conservation Act, EPA extended the use of the Li ght - dut y FTP to fuel econom y measurement ( See 49 U.S.C. 32904(c) ) . EPA can determine fuel efficiency of a vehicle by

measuring the amount of CO 2 and all other carbon compounds ( e.g., total hydrocarbons and carbon monoxide (CO)), and then, by mass balance, calculating the amount of fuel consumed. (b ) EPA Enforcement Authority Section 207 of the CAA grants EPA broad authority to require manufacturers to remed y vehicles if EPA determines there are a substantial number of noncomplying vehicles. In addition, section 205 of the CAA authorizes EPA to assess penalties of up to $37,500 per vehicle for violations of various prohibited acts specified in the CAA. In determining the appropriate penalty, EPA must consider a variety of factors such as the gravity of the violation, the economic impact of the violation, the violator ’ s history of compliance, and “ suc h other matters as justice may require. ” **(2) NHTSA Authority**  In 1975, Congress enacted the Energy Policy and Conservation Act (EPCA), mandating a regulatory

program for motor vehicle fuel econom y to meet the various facets of the need to conserve energy . In D ecember 2007, Congress enacted the Energy Independence and Securities Act (EISA), amending EPCA to require, among other things, the creation of a medium - and heav y - duty fuel efficiency program for the first time. This mandate in EISA represents a major st ep forward in promoting EPCA’s goals of energy independence and securit y, and environmental and national security. NHTSA has primary

responsibility

for fuel economy

and consumption standards, and assures compliance with EI SA through rulemaking, including s tandard - setting; technical reviews, audits and studies; investigations; and enforcement of implementing regulatio ns including penalty actions. This final action implements Section 32902(k)(2) of EI SA, which instructs NHTSA to create a fuel efficiency impr ovement program for “commercial medium - and heav y - dut y on - highway vehicles and work trucks” 46 by rulemaking, which is to include standards, test methods, measurement metrics, and enforcement protocols. See 49 U.S.C. 32902(k)(2). Congress directed that the standards, test methods, measurement metrics, and compliance and enforcement protocols be “appropriate, cost - effective, and technologically feasible” for the vehicles to be regulated, while achieving the “maximum feasible improvement” in fuel efficiency . N HTSA has clear authority to design and implement a fuel efficiency program for vehicles and work trucks under EISA, and was given broad discretion to balance the 46 “Co mmercial medium - and heavy - duty on - highway vehicles” are defined at 49 U.S.C. 32901(a)(7), and “work trucks” are defined at (a)(19).***** E.O. 12866 Review**
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57 of 971 statutory factors in 32902(k)(2) in developing fuel consumption standards to achieve the maximum feasible improvement. Since this is the first rulemaking that NHTSA has conducted under 49 U.S.C. 32902(k)(2), the agency interpreted these elements and factors in the context of setting standards, choosing metrics, and determining test methods and compliance/enforcement mechanisms. Discussion of the application of these factors can be found in Section III below. Congress also gave NHTSA the authority to set separate standards for different classes of these vehicles, but required that all standards ad opted provide not less than four full model years of regulatory lead - time and three full model ye ars of regulatory stability . In E IS A, Congress required NHTSA to prescribe separate average fuel economy standards for passenger cars and light trucks in accordance with the provisions in 49 U.S.C. Section 32902(b), and to prescribe standards for work trucks and commercial medium - and heav y - duty vehicles in accordance with the provisions in 49 U.S.C. 32902(k). See 49 U.S.C. Section 32902(b)(1). Congress also added in EISA a requirement that NHTSA shall issue regulations prescribing fuel econom y s tandards for at least 1, but not more than 5, model years. See 49 U.S.C. Section 32902(b)(3)(B). For purposes of the fuel efficiency standards that the agency proposed for HD vehicles and engines, the NPRM stated an interpretation of the statute that the 5 - year maximum limit did not apply

to standards promulgated in accordance with 49 U.S.C. Section 32902(k), given the language in Section 32902(b)(1). B ased on this interpretation, NHTSA proposed that the standards ultimately finalized for HD vehicles and engines would remain in effect indefinitely at their 2018 or 2019 model y ear levels until amended by a future rulemaking action. In any future rulemaki ng action to amend the standards, NHTSA would ensure not less than four full model years of regulatory lead - time and three full model ye ars of regulatory stability . NHTSA sought comment on its interpretation of EISA. Robert Bosch LLC (Bosch) commented that the absence of an expiration date for the standards proposed in the NPRM could violate 49 U.S.C. Section 32902, which it interpreted as requiring the MD/HD program to have standards that expire in f ive ye ars. Section 32902(k)(3), which lay s out the requi rements for the MD/HD program, specifies the minimum regulatory

lead and stability

times, as described above, but does not specify a maximum duration period. In contrast, Section 32902(b)(3)(B) lay s out the minimum and maximum durations of standards to be established in a rulemaking for the light - dut y program, but prescribes no minimum lead or stability time. Bosch argued that as 49 U.S.C. Section 32902(k)(3) does not require a maximum duration period, Congress intended that NHTSA take the maximum duration period specified for the light - duty program in Section 32902(b)(3)(B), five y ears, and apply it to Section 32902(k)(3). Bosch also argued, however, that the minimum duration period should not be carried over from the light - dut y to the heav y - dut y section, as a minimum duration period for HD was specified in Section 32902(k)(3). NHTSA has revisited this issue and continues to believe that it is reasonable to assume that if Congress intended for the HD/MD regulatory program to be limited by the timeline pres cribed in Subs ection (b)(3)(B), it would have either mentioned HD/MD***** E.O. 12866 Review**
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58 of 971 vehicles in that subsection or included the same timeline in Subs ection (k). 47 Inaddition, in order for S ubs ection (b)(3)(B) to be interpreted to apply to S ubs ection (k), the agency woul d need to give less than full weight to the earlier phrase in the statute directing the Secretary to prescribe standards for “work trucks and commercial medium - duty or heav y duty on - highway

vehicles in accordance with Subsection (k).” 49 U.S.C. 32902(b)(1 )(C). Instead, this direction would need to be re ad to mean “in accordance with S ubse ction (k) and the remainder of S ubsection (b).” NHTSA believes this interpretation would be inappropriate. Interpreting “in accordance with S ubsection (k)” to mean something indistinct from “in accordance with this S ubsection” goes against the canon that statutes should not be interpreted in a way that “render[s] language superfluous.” Dobrova v. Holder , 607 F.3d 297, 302 (2d Cir. 2010), quoting Mendez v. Holder , 566 F. 3d 316, 321 - 22 (2d Cir. 2009). Based on this reasoning, NHTSA believes the more reasonable and appropriate approach is reflected in the propos al , and the final rule s therefore follow this approach. Another commenter, CBD, expressed concern that lack of an expiration date meant that the standards would remain indefinitely, thus forgoing the possibility of increased stringency

in the future. CBD argued that this violated NHTSA’s statutory duty to set maximum feasible standards. NHTSA disagrees that the i ndefinite duration of the standards in this rule would prevent the agency from setting future standards at the maximum feasibl e level in future rulemakings. The absence of an expiration date for these standards should not be interpreted to mean that there will be no future rulemakings to establish new MD/HD fuel efficiency standards for MYs 2019 and beyond

– the agencies have already previewed the possibility of such a rulemaking in other parts of this final rule preamble. Therefore, NHTSA believes this c oncern is unnecessary . (a ) NHTSA Testing Authority 49 U.S.C. Section 32902(k)(2) states that NHTSA must adopt and implement appropriate, cost - effective, and technologically feasible test methods and measurement metrics as part of the fuel efficiency improvement program. For this program, manufacturers will test and conduct modeling to determine GHG emissions and fuel consumption performance, and EPA and NHTSA will perform validation testing. The results of the validation tests will be used by EPA to create a finalized reporting that confirms the manufacturer’s final model ye ar GHG emissions and fuel consumption results, which each agency will use to enforce compliance with its standards.

47 “[W]here Congress includes particular language in one section of a statute but omits it in another section of the same Act, it is generally presumed that Congress acts intentionally and purposely in the disparate inclusion or exclusion.” Russello v. United States , 464 U.S. 16, 23 (1983), quoting U.S. v. Wong Kim Bo , 472 F.2d 720, 722 (5 th Cir 1972) . , See also Mayo v. Questech, Inc. , 727 F.Supp. 1007, 1014 (E.D.Va. 1989) (conspicuous absence of provision from section where inclusion would be most logical signals Congress did not intend for it to be implie d).***** E.O. 12866 Review**
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59 of 971 (b ) NHTSA Enforcement Authority (i ) Overview The NPRM proposed a compliance and enforcement program that included civil penalties for violations o f the fuel efficiency standards. 49 U.S.C. 32902(k)(2) states that NHTSA must adopt and implement appropriate, cost - effective, and technologically feasible compliance and enforcement protocols for the fuel efficiency improvement program. Congress gave DO T broad discretion to fashion its fuel efficiency improvement program and thus necessaril y did not speak directly or specifically as to the nature of the compliance and enforcement protocols that would be best suited for effectivel y supporting the yet - to - b e - designed - and - established program . In stead, it left the matter generally

to the Secretary . Congress’ approach is unlike CAFE enforcement for passenger cars and light trucks, where Congress specified the precise details of a program and provided that a m anufacturer either complies with standards or pay s civil penalties. The statute is silent with respect to how “protocol” should be interpreted. The term “protocol” is imprecise and thus Congress’ choice of that term affords the agency substantial breadth of discretion . For example, in a case interpreting section 301(c)(2) of the Comprehensive Environmental Response, Compensation, and L iability Act (CERCLA), the D.C. Circuit noted that the word “protocols” has man y definitions that are not much help. Ke nnecott Utah Copper Corp., Inc. v. U.S. Dept. of Interior , 88 F.3d. 1191, 1216 (D.C. Cir. 1996). Section 301(c)(2) of CERCLA prescribed the creation of two ty pes of procedures for conducting natural resources damages assessments. The regulations were to specify (a) “standard procedures for simplified assessments requiring minimal field observation” (the “Ty pe A” rules), and (b) “alternative protocols for conducting assessments in individual cases” (the “Ty pe B” rules). 48 The court upheld the challenged pr ovisions, which were a part of a set of rules establishing a step - by - step procedure to evaluate options based on certain criteria, and to make a decision and document the results. Taking the considerations above into account, including Congress’ instructio ns to adopt and implement compliance and enforcement protocols, and the Secretary ’s authority to formulate policy

and make rules to fill gaps left, implicitly or explicitly , by Congress, the agency

interpreted “protocol” in the context of EI SA as authorizi ng the agency to determine both whether manufacturers have complied with the standards, and to establish suitable and reasonable enforcement mechanisms and decision criteria for non - compliance. Therefore, NHTSA interpreted its authority to develop an enfor cement program to include the authority to determine and assess civil penalties for non compliance. Several commenters disagreed with this interpretation. Volvo and EMA commented that the penalties proposed by NHTSA exceeded the authority granted to the agency by Congress, and Volvo commented that the fact that Congress did not adopt an entirely new statute for the HD program should be interpreted to mean that provisions 48 State of Ohio v. U.S. Dept. of Interior , 880 F.2d 432, 439 (D.C. Cir. 1989).***** E.O. 12866 Review**
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60 of 971 adopted for the light - duty program should appl y to the HD program as well. Daimler argued that it was likel y that EI SA did not give NHTSA the authority to assess civil penalties, and Navistar and EMA argued that NHTSA could not have the authority as Congr ess did not expressly grant it. NHTSA continues to believe that it is reasonable to interpret “compliance and enforcement protocols” to include authority to impose civil penalties. Where a statute does not specify

an approach, the discretion to do so is l eft to the agency . When Congress has “explicitly

left a gap for an agency

to fill, there is an express delegation of authority to the agency

to elucidate a specific provision of the statute by regulation.” U nited States . v. Mead, 533 U.S. 218, 227 (2001) , quoting Chevron v. NRDC, 467 U.S. 837, 843 - 44 (1984). The delegation of authorit y may be implicit rather than express. Id . at 229. NHTSA believes it would be unreasonable to assume that Congress intended to create a hollow regulatory program without a mechanism for effective enforcement. Further, interpreting “enforcement protocols” to mean not more than “compliance protoc ols” would go against the canon noted above that statutes should not be interpreted in a way that “render[s] language superfluous.” Dobrova v. Holder , 607 F.3d 297, 302 (2d Cir. 2010), quoting Mendez v. Holder 566 F. 3d 316, 321 - 22 (2d Cir. 2009). The interpretation urged b y the commenters would render an entire program superfluous. Further, NHTSA believes that Congress would have anticipated that compliance and enforcement protocols would include civil penalties for the HD sector, given that penalties ar e an integral part of a product standards program and given the long precedent of civil penalties for the light - dut y sector. The agency disagrees with the argument that the HD program would have appeared in a wholl y separate statute if Congress had not intended the penalt y program for light - dut y to apply to it. The inclusion of the MD/HD program in Title 329 does not mean that Congress intended for the boundaries and differences between the separate sections to be ignored. Rather, this argument leads to the opposite conclusion that the fact that Congress created a new section for the HD program, instead of simply amending the existing light - duty program to include “work trucks and other vehicles” in addition to automobiles, means the agency should assume that Congress acted intentionally when it created two wholly separate programs and respect their distinctions. Therefore, consistent with the statutory interpretation proposed in the NPRM, the final rule includes penalties for non - compliance with the fuel e fficiency standards. (ii) Penalty Levels NHTSA proposed to adopt penalty levels equal to those in EPA’s existing heavy duty program, in order to provide adequate deterrence as well as consistency with the GHG regulation. The proposed maximum penalty levels w ere $37,500.00 per vehicle or engine. Several manufacturers commented that the penalty levels should be limited to those mandated in the light - duty program. Volvo and Daimler argued that Congress***** E.O. 12866 Review**
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61 of 971 intended lower penalties for the HD program than were prop osed in the NPRM, because they believed that Congress had expressly or implicitly

intended for the HD program to be included in the penalty calculation of Section 32912(b). That section prescribes penalty levels for violators under Section 32902 of “$5 mu ltiplied by each tenth (0 .1 ) of a mile a gallon by

which the applicable average fuel econom y standard under that section exceeds the average fuel econom y,” 49 calculated and applied to automobiles. Volvo further argued that NHTSA was rel yi ng upon the CAA as the statutory basis for the penalty levels. NHTSA recognizes that Section 329 contains a detailed penalty s cheme, for light duty vehicle CAFE standards. However, Section 32902(k)(2) explicit ly directs NHTSA to “adopt and implement appropriate test method s, measurement metrics, fuel econom y standards, and compliance and enforcement protocols,” in the creation of the new HD program. NHTSA continues to believe that this broad Congressional mandate should be interpreted based on a plain text reading, which i ncludes the authorit y to determine compliance and enforcement protocols that will be effective and appropriate for this new sector of regulation. NHTSA also believes that reading Section 32912 to apply to the new HD program would contradict Congress’ broa d mandate for the agency to establish new measurement metrics and a compliance and enforcement program. Further, interpreting the requirement to create “enforcement protocols” for HD vehicles to mean that NHTSA should rel y on the enforcement provisions fo r light - dut y vehicles would go against the canon noted above that statutes should not be interpreted in a way that “render[s] language superfluous.” Dobrova v. Holder , 607 F.3d 297, 302 (2d Cir. 2010), quoting Mendez v. Holder 566 F. 3d 316, 321 - 22 (2d Ci r. 2009). NHTSA believes that Section 32912 does not apply to the new HD program for several other reasons. First, this section uses a fuel economy metric, miles/gallon, while the HD program is built around a fuel consumption metric, per the requirement t o develop a “fuel efficiency improvement program” and the agencies’ conclusion, supported by

NAS, that a fuel consumption metric is a much more reasonable choice than a fuel economy

metric for HD vehicles given their usage as work vehicles. Second, this s ection specifies a calculation for automobiles, a vehicle class which is confined to the light - duty rule. In addition, the HD program prescribes fuel consumption standards, not average fuel econom y standards. Finally , NHTSA believes that if Congress had intended for a pre - determined penalty scheme to appl y t o the new HD program, it would have been specific. Instead, Congress explicitly

directed the agency

to develop a new measurement, compliance, and enforcement scheme. Consistent with the statutory interpretation of the duration of the standards, NHTSA believes that if Congress intended for particular penalty levels to be used in 32902(k)(3), it would have either included a reference to those levels or included

49 This fine was increased by 49 CFR Part 578.6, w hich provides that “Except as provided in 49 U.S.C. 32912(c), a manufacturer that violates a standard prescribed for a mode l y ear under 49 U.S.C. 32902 is liable to the United States Government for a civil penalty of $5.50 multiplied by each 0.1 of a mile a gallon by which the applicable average fuel economy standard under that section exceeds the average fuel economy.”***** E.O. 12866 Review**
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62 of 971 a reference in 32912 to the vehicles and metrics regulated by 32902(k)(3). SeeRussello v. United States , 464 U.S. 16, 23 (1983), quoting U nited States . v. Wong Kim Bo , 472 F.2d 720, 722 (5th Cir 1972) (“[W]here Congress includes particular language in one section of a statute but omits it in ano ther section of the same Act, it is generall y presumed that Congress acts intentionally and purposel y in the disparate inclusion or exclusion.”) Instead, the absence of such language could mean either that Congress did not contemplate the specific penalty levels to be used, or that Congress left the choice of specific penalty

levels to the agency . See Alliance for Community Media v. F.C.C. 529 F. 3d 763, 779 (6 th Cir. 2008) (absence of a statutory deadline in one section but not others meant that Congress authorized but did not require it in that section). Therefore, the final rule retains the maximum penalty level proposed in the NPRM. 

### G. **Future HD GHG and Fuel Consumption Rulemakings** This final action represents a first regulatory step by NHTSA and EPA to address the multi - faceted challenges of reducing fuel use and greenhouse gas emissions from these vehicles. By

focusing on existing technologies and well - developed regulatory tools, the agencies are able to adopt rules that we believe will produce real a nd important reductions in GHG emissions and fuel consumption within only a few y ears. Within the context of this regulatory time frame , our program is very aggressive - with limited lead time compared to historic heav y - dut y regulations - but pragmatic in the context of technologies that are available and that can be reasonably implemented during the regulatory time frame . While we are now onl y finalizing this first step, it is worthwhile to consider how the next regulatory

step may be designed. Technologies such as hy brid drivetrains, advanced bottoming cycle engines, and full electric vehicles are promoted in this first step through incentive concepts as discussed in Section IV, but we believe that these advanced technologies will not be necessary to meet the final standards. Today ’s standards are premised on the use of existing technologies given the short lead time, as discussed in Section III, below. When we begin work to develop a possible next set of regulatory

standards, the agencies expec t these advanced technologies to be an important part of the regulatory

program and will consider them in setting the stringency of any standards beyond the 2018 model y ear. We will not only

consider the progress of technology in our future regulatory effo rts, but the agencies are also committed to fully considering a range of regulatory approaches. To more completely capture the complex interactions of the total vehicle and the potential to reduce fuel consumption and GHG emissions through the optimizatio n of those interactions may require a more sophisticated approach to vehicle testing than we are adopting today for the largest heav y - dut y vehicles. In future regulations, the agencies expect to fully evaluate the potential to expand the use of vehicle co mpliance models to reflect engine and drivetrain performance. Similarly , we intend to consider the potential for complete vehicle testing using a chassis dy namometer, not only as a means for compliance, but also as a complementary tool for the***** E.O. 12866 Review**
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63 of 971 development of more complex vehicle modeling approaches. In considering these more comprehensive regulatory approaches, the agencies will also reevaluate whether separate regulation of trucks and engines remains necessary. In addition to technology and test procedur es, vehicle and engine drive cycles are an important part of the overall approach to evaluating and improving vehicle performance. EPA, working through the WP.29 Global Technical Regulation process, has activel y participated in the development of a new Wo rld Harmonized Duty C ycle for heav y - dut y engines. EPA is committed to bringing forward these new procedures as part of our overall comprehensive approach for controlling criteria pollutant and GHG emissions. However, we believe the important issues and t echnical work related to setting new criteria pollutant emissions standards appropriate for the World Harmonized Duty C ycle are significant and beyond the scope of this rulemaking. Therefore, the agencies are not adopting these test procedures in this act ion, but we are ready to work with interested stakeholders to adopt these procedures in a future action. As noted above, the agencies also intend to further investigate possibilities of expanded credit trading across the heav y - dut y sector. As part of this effort, the agencies will investigate the degree to which the issue of credit trading is connected with complete vehicle testing procedures. As with this program, our future efforts will be based on collaborative outreach with the stakeholder community an d will be focused on a program that delivers on our energy securit y and environmental goals without restricting the industry’s ability to produce a very

diverse range of vehicles serving a wide range of needs. 

## II. **Final GHG and Fuel Consumption Standards for Heavy**  **** **duty Engines**  **and Ve**  **hicles** This section describes the standards and implementation dates that the agencies are finalizing for the three categories of heav y - duty vehicles and engines. The agencies have performed a technology anal ys is to determine the level of standards that we believe will be cost - effective, feasible, and appropriate in the lead time provided. This analy sis, described in Section III and in more detail in the RIA Chapter 2, considered for each of the regulatory

categories:
 the level of technology that is incorporated in current new engines and trucks,  forecasts of manufacturers’ product redesign schedules,  the available data on corresponding CO 2 emissions and fuel consumption for these engines and vehicles,  technologies th at would reduce CO 2 emissions and fuel consumption and that are judged to be feasible and appropriate for these vehicles and engines through the 2018 model year,  the effectiveness and cost of these technologies, and***** E.O. 12866 Review**
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64 of 971  projections of future U.S. sales for tr ucks and engines. 

### A. **What V ehicles**  **Will B**  **e A**  **ffected?** EPA and NHTSA are finalizing standards for heavy - dut y engines and also for what we refer to generally as “heavy - dut y vehicles.” In general, these standards will apply for the model year 2014 and later en gines and vehicles, although some standards do not apply until 2016 or 2017. The EPA standards will apply throughout the useful life of the engine or vehicle, just as existing criteria emission standards appl y throughout the useful life. As noted in Sect ion I, for purposes of this preamble and rules, the term “heav y - dut y or “HD” applies to all highway vehicles and engines that are not regulated by the light - dut y vehicle, light - duty truck and medium - duty

passenger vehicle greenhouse gas and CAFE standards issued for MYs 2012 - 2016. Thus, in this notice, unless specified otherwise, the heav y - duty category incorporates all vehicles rated with GVWR greater than 8,500 pounds, and the engines that power these vehicles, except for MDPVs. The CAA defines heav y - d ut y vehicles as trucks, buses or other motor vehicles with GVWR exceeding 6,000 pounds. See CAA section 202(b)(3). In the context of the CAA, the term HD as used in these final rules thus refers to a subset of these vehicles and engines. EISA section 103 (a)(3) defines a ‘commercial medium - and heav y - duty on highway vehicle’ as an on - highway vehicle with GVWR of 10,000 pounds or more. 50 EI SA section 103(a)(6) defines a ‘work truck’ as a vehicle that is rated at between 8,500 and 10,000 pounds gross vehicle weight and is not a medium - duty passenger vehicle. 51 Therefore, the term “heavy - dut y vehicles ” in this rulemaking refers to both work trucks and commercial medium - and heav y - dut y on - highway vehicles as defined by

EISA. Heav y - dut y engines affected b y the standards are those that are installed in commercial medium - and heav y - duty vehicles, except for the engines installed in vehicles certified to a complete vehicle emissions standard based on a chassis test, which would be addressed as a part of those compl ete vehicles, and except for engines used exclusively for stationary power when the vehicle is parked. The agencies’ scope is the same with the exception of recreational vehicles (or motor homes), as discussed above. The standards that EPA is finalizing today cover recreational on - highway vehicles, while NHTSA limited its scope in the proposal to not include these vehicles. See Section I.A above. The NPRM did not include an export exclusion in NHTSA’s fuel consumption standards. Oshkosh Corporation co mmented that NHTSA should add an export exclusion in order to accommodate the testing and delivery needs of manufacturers of vehicles intended for export. NHTSA agrees with this comment and Section 535.3 of the final rule specifies such an exclusion.

50 Codified at 49 U.S.C. 32901(a)(7). 51 EISA Section 103(a)(6) is codified at 49 U.S.C. 32901(a)(19). EPA defines medium - duty passenger vehicles as any complete vehicle between 8,500 and 10,000 pounds GVWR designed primarily for the transportation of person s which meet the criteria outlined in 40 CFR 86.1803 - 01. The definition specifically excludes any vehicle that (1) has a capacity of more than 12 persons total or, (2) is designed to accommodate more than 9 persons in seating rearward of the driver’s seat or, (3) has a cargo box ( e.g., pickup box or bed) of six feet or more in interior length. ( See the Tier 2 final rulemaking, 65 FR 6698, February 10, 2000.)***** E.O. 12866 Review**
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65 of 971 EP A and NHTSA are finalizing standards for each of the following categories, which together comprise all heav y - dut y vehicles and all engines used in such vehicles. In order to most appropriately regulate the broad range of heav y - dut y vehicles and engines, th e agencies are setting separate engine and vehicle standards for the combination tractors and Class 2b through 8 vocational vehicles. The engine standards and test procedures for engines installed in the tractors and vocational vehicles are discussed with in the preamble sections for combination tractors and vocational vehicles, respectivel y . The agencies are establishing standards for heav y - dut y pickups and vans that apply to the entire vehicle ; – there are no separate engine standards. As discussed in Sec tion IX, the agencies are not adopting GHG emission and fuel consumption standards for trailers at this time. In addition, the agencies are not adopting standards at this time for engine, chassis, and vehicle manufacturers which are small businesses (as d efined by the Small Business Administration). More detailed discussion of each regulatory

category is included in the subsequent sections below. 

### B. **Class 7 and**  **8 Combination Tractors** EPA is finalizing CO 2 standards and NHTSA is finalizing fuel consumption standards for new Class 7 and 8 combination tractors. The standards are for the tractor cab, with a separate standard for the engine that is installed in the tractor. Together these standards would achi eve reductions of up to 23 percent compared to the model 2010 baseline level. As discussed below, EPA is finalizing its proposal to adopt the existing useful life definitions for Class 7 and 8 tractors and the heav y - dut y engines installed in them. NHTSA and EPA are finalizing revised fuel consumption and GHG emissions standards for tractors , and finalizing as proposed engine standards for heavy - dut y engines in Class 7 and 8 tractors . The agencies' analy ses, as discussed briefl y below and in more detail l ater in this preamble and in the RIA Chapter 2, show that these standards are feasible and appropriate under each agency ’s respective statutory authorities. EPA is also finalizing standards to control N 2 O, CH 4 , and HFC emissions from Class 7 and 8 combin ation tractors. The final heavy - dut y engine standards for both N 2 O and CH 4 and details of the standard are included in the discussion in Section II.E.1.b and II.E.2.b, respectivel y. The final air conditioning leakage standards appl yi ng to tractor manufac turers to address HFC emissions are discussed in Section II.E.5. The agencies are finalizing CO 2 emissions and fuel consumption standards for the combination tractors that reflect reductions that can be achieved through improvements in the tractor (such a s aerody namics), tires, and other vehicle s ys tems. The agencies are also finalizing heav y - duty engine standards for CO 2 emissions and fuel consumption that reflect technological improvements in combustion and overall engine efficiency . The agencies have anal yzed the feasibility of achieving the CO 2 and fuel consumption standards, and have identified means of achieving the standards that are technicall y feasible in the lead time afforded, economically practicable and cost - effective. EPA and NHTSA present the estimated costs and benefits of the standards in Section III. In developing the final rules, the agencies have evaluated the kinds of technologies that could be utilized by

engine and tractor manufacturers, as well as the associated costs for***** E.O. 12866 Review**
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66 of 971 the ind ustry and fuel savings for the consumer and the magnitude of the national CO 2 and fuel savings that may

be achieved. The agencies received comments from multiple stakeholders regarding the definition and classification of “combination tractors.” The comme nters raised three key issues. First, EMA/TMA, Navistar and DTNA requested that both agencies use the same definition for “tractor” or “truck tractor” in the final rule s . EPA proposed a definition for “tractor” in § 1037. 801 as : Tractor means a vehicle ca pable of pulling trailers that is not intended to carry significant cargo other than cargo in the trailer, or any other vehicle intended for the primary

purpose of pulling a trailer. For purposes of this definition, the term ‘‘cargo’’ includes permanently attached equipment such as fire - fighting equipment. (1) The following vehicles are tractors: (i) An y vehicle sold to an ultimate purchaser with a fifth wheel coupling installed. (ii) Any vehicle sold to an ultimate purchaser with the rear portion of the frame exposed where the length of the exposed portion is 5.0 meters or less. See § 1037.620 for special provisions related to vehicles sold to secondary vehicle manufacturers in this condition. (2) The following vehicles are not tractors: (i) An y vehicle sold to an ultimate purchaser with an installed cargo carryi ng feature. For example, this would include dump trucks and cement trucks. (ii) Any vehicle lacking a fifth wheel coupling sold to an ultimate purchaser with the rear portion of the frame exposed where the length of the exposed portion is more than 5.0 meters. NHTSA proposed a definition of “truck tractor” in 49 CFR 571.3 as : Truck tractor means a truck designed primaril y for drawing other motor vehicles and not so constructed as to carry a load other than a part of the weight of the vehicle and the load so drawn. Second, EMA/TMA, NTE A and Navistar expressed concerns over, and requested the removal of, the proposed lan guage that all vehicles with sleeper cabs would be classified as tractors. The commenters argued that because there are vocational vehicles manufactured with sleeper cabs that operate as vocational vehicles and not as tractors, those vehicles should be tr eated the same as all other vocational vehicles. Third, eleven different commenters requested that the agencies subdivide tractors into line - haul tractors and vocational tractors and treat each based upon their operational characteristics :***** E.O. 12866 Review**
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67 of 971 vocational trac tors , which operate at lower speeds offroad or in stop - and - go city driving as vocational vehicles ; and line - haul tractors , which operate at highway speeds on interstate roadway s over long distances , as line - haul tractors. In response to the first comment , the agencies have decided to standardize the definition of tractor b y using the long - standing NHTSA definition of “truck tractor” established in 49 CFR 571.3. 49 CFR 571.3(b) states that a “truck tractor means a truck designed primaril y for drawing othe r motor vehicles and not so constructed as to carry a load other than a part of the weight of the vehicle and the load so drawn.” EPA’s proposed definition for “tractor” in the NPRM was similar to the NHTSA definition, but included some additional languag e to require a fifth wheel coupling and an exposed frame in the rear of the vehicle where the length of the exposed portion is 5.0 meters or less. EMA and Navistar argued that these two different definitions could lead to confusion if the agencies applied their requirements for truck tractors differently from each other. The commenters suggested that the EPA definition was more complicated than necessary , and that the simpler NHTSA definition should be used by both agencies as the base definition of truck tractor. The agencies agree that the definitions should be standardized and that the NHTSA definition is sufficient and includes the essential requirement that a truck tractor is a truck designed “primarily for drawing other motor vehicles and not so cons tructed as to carry a load other than a part of the weight of the vehicle and the load so drawn .” EPA’s proposed tractor definition was intended to be functionall y equivalent to NHTSA’s definition based on design, but to be more objective b y including the criteria related to “fifth wheels” and exposed rear frame. However, EPA no longer believe s that such additional criteria are needed for implementation. NHTSA established the definition for truck tractor in 49 CFR 571.3(b) ye ars ago , 52 and has not encount ered an y notable problems with its application. Nevertheless , because the NHTSA definition relies more on design intent than EPA’s proposed definition, we recognize that there may be some questions regarding how the agencies would apply the NHTSA definiti on being finalized to certain unique vehicles. For example, many of the common automobile and boat transport trucks may look similar to tractors, but the agencies would not consider them to meet the definition, because they have the capability

to carry on e or several vehicles as cargo with or without a trailer attached, and therefore are not “constructed as to carry a load other than a part of the weight of the vehicle and the load so drawn.” Similarly , a “dromedary” style truck that has the capability to carry a large load of cargo with or without drawing a trailer would also not qualify as a tractor. 53 Even though these particular vehicles identified could potentially draw other motor vehicles like a trailer, they have also been designed to carry cargo with or without the trailer attached. NHTSA has previousl y interpreted its definition for “truck tractor” as excluding these specific vehicles like the dromedary and automobile/boat transport vehicles. Tow trucks have also been excluded from the category of truck tractor. On the other hand, it is worth clarifying that designs that allow cargo to be carried in the passenger compartment, the sleeper compartment, or external toolboxes would not exclude a vehicle from the tractor

52 33 FR 19703, December 25, 1968. 53 A dromedary is a box, deck or plate mounted behind the cab to carry freight or cargo.***** E.O. 12866 Review**
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68 of 971 category . The agencies plan to continue with this approach for the HD fuel efficiency and GHG standards, which means that these particular vehicles w ill be subject to the vocational vehicle standards and not the tractor standards, but vehicles that did meet the definition above for “tractor” w ill be subject to the combination tractor standards. In response to the second comment, the agencies have decided not to classify vocational vehicle s with sleeper cabs as tractors. In the NPRM, the agencies proposed that vocational vehicle s wi th sleeper cabs be classified as tractors out of concern that a vehicle could initially

be manufactured as a straight truck vocational vehicle with a sleeper cab and, soon after introduction into commerce, be converted to a combination tractor as a means t o circumvent the Class 8 sleeper cab regulations. Commenters who addressed this issue generally disagreed with the agencies’ concern. EMA/TMA, for example, argued that it is expensive and difficult for a manufacturer to change a vehicle from a straight truck to a tractor, because of modifications required to the vehicle, such as to the vehicle’s air brake sy stem, and also because of the manufacturers ultimate responsibility

for recertification to NHTSA’s safety standards. EMA/TMA also argued that straight trucks are often built with sleeper cabs to perform the functions of a vocational ty

pe vehicle and not the functions of a line - haul tractor. NTE A also provided an example of a straight truck (Expediter Cab) that can be built with a sleeper cab and a car go - carrying body , which it argued should be classified as a vocational vehicle and not a tractor. Upon further consideration, the agencies agree that vocational vehicles with sleeper cabs are more appropriatel y classified as vocational vehicles than as tractors. The comments discussed above help to illustrate the reasons for building a vocational vehicle with a sleeper cab and the difficulties of converting a straight truck to a tractor. Moreover, 49 U.S.C. Chapter 301 requires an y s ervice org anization making such modifications to be responsible for recertification to all applicable Federal motor vehicle safet y standards, which should act as a further deterrent to an yone contemplating making such a conversion. Together these two items address the agencies’ primary reason for proposing the requirement that all vehicles with sleeper cabs be treated as tractors

– the concern of circumvention of the tractor standards. However, the agencies will continue to monitor whether it appears that the defin itions are creating unintended consequences, and may consider revising the definitions in a future rulemaking to address such issues should any

arise . NHTSA and EPA have concluded that the engine and tire improvements required in the vocational category are appropriate for this set of vehicles based on the t ypical operation of these vehicles. The agencies did not intend to include vocational vehicles with sleeper cabs, such as an Expediter vehicle, into the tractor category in either the NPRM or in this f inal action, and the agencies’ anal yses at proposal reflected this intention. Therefore the agencies did not make an y adjustments to the program costs and benefits due to this classification change. In response to the third comment, the agencies have de cided to allow manufacturers to exclude certain vocational - ty pe of tractors from the combination tractor standards and instead be subject to the vocational vehicle standards . We discuss below the reasoning underlying this decision, the criteria manufactur ers would use in asserting a***** E.O. 12866 Review**
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69 of 971 claim that a vocational tractor should be re classified as a vocational vehicle, and the procedures the agencies will use to accept or reject manufacturers’ claims . Multiple commenters (Allison Transmission, ATA, CAL START, Eat on, EMA/TMA, National Solid Waste Management Association, MEMA, Navistar, NADA, RMA, and Volvo) argued that the agencies’ proposed classification failed to recognize genuine differences between vocational tractors, which ty pically operate at lower speeds i n stop - and - go city

driving, and line - haul tractors, which ty pically operate at highway speeds on interstate roadway s over long distances. Commenters argued that the proposed tractor standards and associated tractor GEM test cycles were derived based primarily upon the operational characteristics of the line - haul tractors, and that technologies that apply to these line - haul tractors, such as improved aerody namics, vehicle speed limiters and automatic engine shutdown, as well as engine performance for improv ing emissions and fuel consumption, do not have the same positive impact on fuel consumption when used on tractors In today’s market , as mentioned by Volvo and ATA, we understand that approximately

15 percent, or approximately 15,000 to 20,000, of the C la ss 7 and 8 tractors could be classified as vocational tractors based upon the work they perform. The agencies agree that the overall operation of these vocational - ty pes of tractors resembles other vocational vehicles’ operation: lower average speed and m ore stop and go activity

than line - haul tractors. Due to their operation style, a FTP certified engine is a better match for these tractors than a SET certified engine, because the FTP cycle uses a lower average speed and more stop and go activity than th e SET cycle. In addition, the limited high speed operation leads to minimal opportunities for fuel consumption and CO 2 emissions reductions due to aerodyn amic improvements. Conversel y, the additional weight of the aerodynam ic components could cause an un intended consequence of increasing gram per ton - mile emissions by reducing the amount of payload the vehicle can carry in those applications which are weight - limited. Similarly , the vocational tractors t ypicall y do not hotel overnight and therefore will h ave little to no benefit through the installation of an idle reduction technology . The agencies received several other comments that described criteria that could be used to distinguish between vocational and non - vocational tractors. Volvo suggested that a tractor could be a vocational tractor if it meets three of five specified features:

(1) a frame Resisting Bending Moment (RBM) greater than or equal to 2,000,000 in - lbs per rail, or rail and liner combination; (2) an approach angle greater than or equ al to 20 degrees nominal design specification, to exclude extended front rails/bumpers for additional equipment (e.g.

– pumps, winch, front engine PTO); (3) ground clearance greater than or equal to 14 inches as measured unladen from the lowest point of any frame rail or body

mounted components, excluding axles and suspension (for HHD and MHD vehicles this is usually considered as the lowest point of the fuel tank/mounting or chassis aerodyn amic devices);***** E.O. 12866 Review**
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70 of 971 (4) a total reduction in high gear greater than or equal to 3.00 : 1; and (5) a total reduction in low gear greater than or equal to 57:1. The approach proposed by Volvo is somewhat similar to the approach NHTSA has for determining if a vehicle is a light truck under the light vehicle CAFE program, in wh ich a vehicle must either have a GVWR greater than 6,000 pounds or have 4 - wheel drive, and meet four of the five specified suspension characteristics (approach angle, break - over angle, axle clearance, etc.) to be classified as a light truck. Although w e do not believe that the criteria suggested b y Volvo are workable for all manufacturers and all applications, we agree that these criteria would reflect a reasonable basis for allowing manufacturers to reclassify their vehicles as vocational tractors. Two other commenters, EMA/TMA and Navistar, suggested simpl y that the manufacturer should have the burden of establishing that a tractor is a vocational tractor to the agencies’ reasonable satisfaction. The commenter s also suggested some factors that could be used to establish that a tractor is actually a “vocational tractor” , including : (1) a vehicle speed limiter set at 55 mph or less; (2) power take - off (PTO) controls; (3) extended front frame; (4) ground clearance greater than 14 in.; (5) an approach angle greater than 20 degrees; (6) frame RBM greater than 2,000,000 in - lbs.; and (7) a total gear reduction in low gear greater than 57 and a total gear reduction in top gear greater than 3. The agencies believe that both suggested approa ches have some merit. A rule based on specific criteria as suggested b y Volvo could help to minimize the burden on both the manufacturers and the agencies , as manufacturer - written requests for approval and agency

approvals of those requests w ould not be r equired for each vocational tractor determination whereas the EMA/TMA and Navistar approach requires the opposite namely that each manufacturer would have to justify the determination of each vocational tractor based upon its related design features in a s eparate petition to the agencies. Neither of the two approaches, which are based on specific criteria, could be used to identify all the tractors that should be classified as vocational tractors. An urban beverage delivery

tractor, for example, may not b e designed with an y of the features mentioned but is used in a vocational vehicle manner. Also, the agencies were concerned about the possibility

of manufacturers circumventing the s ys tem by incorporating design changes to their line - haul tractors in ord er to classify them a s vocational tractors required to meet less stringent emission and fuel consumption standards. However, at this time the agencies do not believe that circumventing the sy stem is likely , as most of these vocational tractors are built t o order and will incorporate the design features required b y the customer. Manufacturer vehicle offerings are designed or tailored to suit the***** E.O. 12866 Review**
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71 of 971 particular task of the consumer. The vehicle transport mission including vehicle ty pe, gross vehicle weight, gr oss combi nation weight, body st yl e and load handling characteristics , must be considered in the design process . Further, how the vehicle will be utilized , including operating cycles, operating environment and road conditions , is another important consider ation in designing a vehicle to accomplish a particular task. The agencies agree that these criteria could also be used as part of a basis for classification. We also note that many of these vehicles have front axle weight ratings greater than 14,600 pounds . Although the agencies agree that these vocational tractors are operated differently than line - haul tractors and therefore fit more appropriately into the vocational vehicle category , we need to ensure that only tractors that are truly vocational tra ctors are classified as such. Upon further consideration of the comments received the agencies have decided to allow manufacturers to exclude certain vocational - ty pe tractors from the combination tractor standards , and instead be subject to the standards f or vocational vehicles . A vehicle determined by the manufacturer to be a HHD vocational tractor would fall into the HHD vocational vehicle subcategory and be regulated as a vocational vehicle. Similarly , MHD which the manufacturer chooses to reclassify as vocational tractors will be regulated as a MHD vocational vehicle. Specificall y, under the provision being finalized at 40 CFR 1037.630 and NHTSA’s regulation at 49 CFR 523.2 of today ’s rules only the follow ing three t ypes of vocational tractors are eligible for reclassification by the manufacturer : (1) Low - roof tractors intended for intra - cit y pickup and delivery, such as those that deliver bottled beverages to retail stores. (2) Tractors intended for off - ro ad operation (including mixed service operation), such as those with reinforced frames and increased ground clearance. (3) Tractors with a GCWR over 120,000 pounds. As adopted in 40 CFR 1037.230 (a)(1)(xiii) , manufacturers will be required to group vocation al tractors into a unique family , separate from other combination tractors and vocational vehicles. The provision being adopted in 40 CFR 1037.630 and 49 CFR 535.8 requires the manufacturers to summarize in their applications their basis for believing that the vehicles are eligible for manufacturer reclassification as vocational tractors. EPA and NHTSA could ask for a more detailed description of the basis and EPA would deny

an application for certification where it determines the manufacturer lacks an ade quate basis for reclassification . The manufacturer would then have to resubmit a modified application to certify the vehicles in question to the tractor standards. Where we determine that a manufacturer is not applying this allowance in good faith, we may require that manufacturer to obtain preliminary approval before using this allowance. This would mean that a manufacturer would need to submit its detailed records to EPA and receive formal approval before submitting its application for certification. The agencies plan to monitor how manufacturers classify their tractor fleets and would re consider the issue of vocational tractor classification in a future rulemaking if necessary .***** E.O. 12866 Review**
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72 of 971 Because the difference between some vocational tractors and line - haul trac tors is potentially

somewhat subjective, we are also including an annual sales limit of 7,000 vocational tractors per manufacturer (based on a three ye ar rolling average ) consistent with past production volumes of such vehicles . Itis important to note, h owever, that we do not expect it to be common for manufacturers to be able to justify classifying 7,000 vehicles as vocational tractors in a given model ye ar. Under the regulations being promulgated in 40 CFR 1037.630 and 49 CFR Part 523.2, manufacturers will be required to keep records of how they determined that such vehicles qualify

as vocational. These records would be more detailed than the description submitted in the applications. Ty pically , this would be a combination of records of the design fe atures and/or purchasers of the vehicles. The agencies have anal yzed the design features that reflect the special needs of these vocational tractors in the three areas noted above

– mixed service, heavy haul, and urban delivery . Mixed service applications , such as construction trucks, t ypically require higher ground clearance and approach angle to accommodate non - paved roads. In addition, they often require frame rails with greater resisting bending moment (RBM) because of the terrain where they operate . 54 The mixed service applications also sometimes require higher front axle weight ratings to accommodate extra loads and/or power take off s ystems for additional capability . Heavy haul tractors are t ypicall y designed with frame rails with extra strength (greater RBM) and higher front axle weight ratings to accommodate the heavy payloads. Often the heav y haul tractors will also have higher ground clearance and greater approach angle for similar reasons as the mixed service applications. L astl y, heav y haul vehicles require a total gear reduction of 57:1 or greater to provide the torque necessary to start the vehicle moving. Urban delivery

tractors, such as beverage haulers, have less defined design features that reflect their operational needs. These vehic les offer options which include high RBM rails and front axle weight ratings, but not all beverage trucks are specified with these options. The primary differentiation of these urban delivery tractors is their operation. For this final rulemaking, the ag encies projected the costs and benefits of the program considering this provision. As detailed in RIA Section 5.3.2.2.1, the agencies assumed that approximately 20 percent of short - haul tractors sold in 2014 model year and beyond will be vocational tracto rs. As such, these vehicles will experience benefits reflective of a FTP - certified engine and tire rolling resistance improvement at the technology

costs projected in the rules for vocational vehicles. **(1) What**  **is the**  **form of the Class**  **7 and 8 Tractor**  **CO 2**  **E missions**  **and Fuel Consumption**  **S tandards?**  As proposed, EPA and NHTSA are finaliz i ng different standards for different subcategories of these tractors with the basis for subcategorization being particular tractor attributes. Attribute - based standards in general recognize the variety of functions

54 The agencies have found based on standard truck specifications, that vehicles designed for significant off - road applications, such as concrete pumper and logging trucks have resisting bending moment greater than 2,100,000 lb - in. (ranging up to 3,580,000 lb - in.). The typical on highway tractors have resisting bending moment of 1,390,000 lb - in. An example line haul truck is the Mack Pinnacle which has a RBM of 1,390,000 lb - in, as shown at http://www.macktrucks.com/assets/MackMarketing/Specifications/CXU6124x2PinAxleBack.pdf .***** E.O. 12866 Review**
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73 of 971 performed b y vehicles and engines, which in turn can affect the kind of technology that is available to control emissions and reduce fuel consumption, or its effectiveness. Attributes that characterize difference s in the design of vehicles, as well as differences in how the vehicles will be employed in - use, can be key factors in evaluating technological improvements for reducing CO 2 emissions and fuel consumption. Developing an appropriate attribute - based standard can also avoid interfering with the ability of the market to offer a variet y of products to meet consumer demand. There are several examples of where the agencies have utilized an attribute - based standard. In addition to the example of the light - duty 2 012 - 16 MY vehicle rule, in which the standards are based on the attribute of vehicle “ footprint, ” the existing heavy - dut y highway engine standards for criteria pollutant s have for man y ye ars been based on a vehicle weight attribute (L ight Heav y, Medium Heavy , Heavy Heavy) with different useful life periods, which is a similar approach finalized for the engine GHG and fuel consumption standards discussed below. Heav y - dut y combination tractors are built to move freight. The ability of a vehicle to meet a c ustomer’s freight transportation requirements depends on three major characteristics of the tractor: the gross vehicle weight rating (which along with gross combination weight rating (GCWR) establishes the maximum carrying capacity of the tractor and trai ler), cab t ype (sleeper cabs provide overnight accommodations for drivers), and the tractor roof height (to mate tractors to trailers for the most fuel - efficient configuration). Each of these attributes impacts the baseline fuel consumption and GHG emissi ons, as well as the effectiveness of possible technologies, like aerodynamics, and is discussed in more detail below. The first tractor characteristic to consider is payload which is determined by a tractor’s GVWR and GCWR relative to the weight of the tractor, trailer, fuel, driver, and equipment. Class 7 trucks, which have a GVWR of 26,001 - 33,000 pounds and a t ypical GCWR of 65,000 pounds, have a lesser payload capacity than Class 8 trucks. Class 8 trucks have a GVWR of greater than 33,000 pounds and a t ypical GCWR of greater than 80,000 pounds, the effective weight limit on the federal highway s ys tem except in states with preexisting higher weight limits. Consistent with the recommendation in the National Academ y of Sciences 2010 Report to NHTSA, 55 th e agencies are finalizing a load - specific fuel consumption metric (g/ton - mile and gal/1,000 ton - mile) where the “ton” represents the amount of payload. Generally , higher payload capacity vehicles have better specific fuel consumption and GHG emissions than lower payload capacit y vehicles. Therefore, since the amount of payload that a Class 7 vehicle can carry is less than the Class 8 vehicle’s payload capacit y, the baseline fuel consumption and GHG emissions performance per ton - mile differs between the categories. It is consequently reasonable to distinguish between these two vehicle categories, so that the agencies are finalizing separate standards for Class 7 and Class 8 tractors. The agencies are not finalizing a single standard for both Class 7 and 8 tractors based on the payload carryingcapabilities and assumed ty pical payload levels of Class 8 tractors alone, as that would quite likely have the perverse impact of increasing fuel

55 See 2010 NAS Report, Note **21** , Recommendation 2 - 1.***** E.O. 12866 Review**
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74 of 971 consumption and greenhouse gas emissions. Such a single standard wou ld penalize Class 7 vehicles in favor of Class 8 vehicles. However, the greater capabilities of Class 8 tractors and their related greater efficiency when measured on a per ton - mile basis are only relevant in the context of operations where that greater c apacit y is needed. For many applications such as regional distribution, the trailer payloads dictated by the goods being carried are lower than the average Class 8 tractor payload. In those situations, Class 7 tractors are more efficient than Class 8 tra ctors when measured b y t on - mile of actual freight carried. This is because the extra capabilities of Class 8 tractors add additional weight to vehicle s that is only beneficial in the context of its higher capabilities. The existing market already selects for vehicle performance based on the projected payloads. By

setting separate standards the agencies do not advantage or disadvantage Class 7 or 8 tractors relative to one another and continue to allow trucking fleets to purchase the vehicle most appropri ate to their business practices. The second characteristic that affects fuel consumption and GHG emissions is the relationship between the tractor cab roof height and the ty pe of trailer used to carry the freight. The primary

trailer ty pes are box, flat b ed, tanker, bulk carrier, chassis, and low boy s. Tractor manufacturers sell tractors in three roof heights

– low, mid, and high. The manufacturers do this to obtain the best aerodyn amic performance of a tractor - trailer combination, resulting in reduction s of GHG emissions and fuel consumption, because it allows the frontal area of the tractor to be similar in size to the frontal area of the trailer. In other words, high roof tractors are designed to be paired with a (relatively tall) box trailer while a low roof tractor is designed to pull a (relatively low) flat bed trailer. The baseline performance of a high roof, mid roof, and low roof tractor differs due to the variation in frontal area which determines the aerody namic drag. For example, the frontal area of a low roof tractor is approximately 6 square meters, while a high roof tractor has a frontal area of approximately 9.8 square meters. Therefore, as explained below, the agencies are using the roof height of the tractor to determine the trailer ty pe required to be used to demonstrate compliance of a vehicle with the fuel consumption and CO 2 emissions standards. As with vehicle weight classes, setting separate standards for each tractor roof height helps ensure that all tractors are regulated to ac hieve appropriate improvements, without inadvertentl y leading to increased emissions and fuel consumption by

shifting the mix of vehicle roof heights offered in the market away from a level determined by

market foces linked to the actual trailers vehicles will haul in - use. Tractor cabs t ypicall y can be divided into two configurations

– day cabs and sleeper cabs. Line haul operations ty picall y require overnight accommodations due to Federal Motor Carrier Safety Administration hours of operation requirements . 56 Therefore, some truck buy ers purchase tractor cabs with sleeping accommodations, also known as sleeper cabs, because they do not return to their home base nightly . Sleeper cabs tend to have a greater empt y curb weight than day cabs due to the larger c ab volume and accommodations, which lead to a higher baseline fuel consumption for sleeper cabs 56 The Federal Motor Carrier Safety Administration’s Hours - of - Service regulations put limits in place for when and how long commercial motor vehicle drivers may drive. They are based on an exhaustive scientific review and are designed to ensure truck drivers get the necessary rest to perform safe operations . See 49 CFR part 395, and see also http://www.fmcsa.dot.gov/rules - regulations/topics/hos/index.htm (last accessed August 8, 2010).***** E.O. 12866 Review**
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75 of 971 when compared to day

cabs. In addition, there are specific technologies, such as extended idle reduction technologies, which are appropriate onl y for tractors which hotel

-- such as sleeper cabs. To respect these differences, the agencies are finalizing separate standards for sleeper cabs and day cabs. 57 The agencies received comments from industry stakeholders (EMA, Allison Transmission, Bosch, and the Heav y - Dut y Fuel Efficiency Leadership Group) and ICCT supporting the nine tractor regulatory subcategories proposed and did not receive any comments which supported an alternate classification. Thus, to account for the relevant combinations of these attributes, the agencies are adopting the classification scheme proposed, segmenting combination tractors into the following nine regulatory subcategories:
 Class 7 Day

Cab with L ow Roof  Class 7 Day

Cab with Mid Roof  Class 7 Day

Cab with High Roof  Class 8 Day

Cab with Lo w Roof  Class 8 Day

Cab with Mid Roof  Class 8 Day

Cab with High Roof  Class 8 Sleeper Cab with L ow Roof  Class 8 Sleeper Cab with Mid Roof  Class 8 Sleeper Cab with High Roof Adjustable roof fairings are used today on what the agencies consider to be low ro of tractors. The adjustable fairings allow the operator to change the fairing height to better match the t ype of trailer that is being pulled which can reduce fuel consumption and GHG emissions during operation. As proposed, the agencies are treating trac tors with adjustable roof fairings as low roof tractors that will test ed with the fairing in its lowest position . **(2) What are the**  **Final Class**  **7 and 8 Tractor**  **and Engine CO 2**  **Emissions and**  **Fuel Consumption S**  **tandards and T**  **heir T**  **iming?** In developing the final s tandards for Class 7 and 8 tractors and for the engines used in these tractors, the agencies have evaluated the current levels of emissions and fuel consumption, the kinds of technologies that could be utilized by truck and engine manufacturers to reduce e missions and fuel consumption from tractors and associated engines, the necessary

lead time, the associated costs for the industry , fuel savings for the consumer, and the magnitude of the CO 2 and fuel savings that may be achieved. The technologies on whos e performance the final tractor standards are predicated are improvements in aerodyn amic design, lower rolling resistance tires, extended idle reduction technologies, and lightweighting of the tractor. The technologies on whose

57 The agencies note, as discussed in the previous section, that some day cabs and sleeper cabs will be reclassified as vocational tractors and if so will not be subject to the combination tractor standards.***** E.O. 12866 Review**
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76 of 971 performance the final tract or standards are predicated are engine friction reduction, aftertreatment optimization, and turbocompounding, among others, as described in RIA Chapter 2.4. The agencies’ evaluation showed that these technologies are available today , but have very

low app lication rates on current vehicles and engines. EPA and NHTSA also present the estimated costs and benefits of the Class 7 and 8 combination tractor and engine standards in Section III and in RIA Chapter 2, explaining as well the basis for the agencies’ c onclusion not to adopt standards which are less stringent or more stringent. (a ) Tractor Standards The agencies are finalizing the following standards for Class 7 and 8 combination tractors in Table II - 1 , using the subcategorization approach that was proposed. As explained below in Section III, EPA has determined that there is sufficient lead time to introduce various tractor and engine technologies into the fleet starting in the 2014 model ye ar, and is finalizing standards starting for that model year predicated on performance of those technologies. EPA is finalizing more stringent tractor standards for the 2017 model ye ar which reflect the CO 2 emissions reductions requir ed for 2017 model year engines. (As explained in Section II.B(3)(h)(v) below, engine performance is one of the inputs into the compliance model, and that input will change in 2017 to reflect the 2017 MY engine standards.) The 2017 MY vehicle standards ar e not premised on tractor manufacturers installing additional vehicle technologies. EPA’s final standards appl y throughout the useful life period as described in Section V. As proposed, and as discussed further in Section IV below, manufacturers may gene rate and use credits from Class 7 and 8 combination tractors to show compliance with the standards. NHTSA is finalizing Class 7 and 8 tractor fuel consumption standards that are voluntary standards in the 2014 and 2015 model years and become mandatory be ginning in the 2016 model year, as required b y the lead time within EI SA . The 2014 and 2015 model year standards are voluntary in that manufacturers are not subject to them unless they opt - in to the standards. 58 Manufacturers that opt in become subject to NHTSA standards for all regulatory categories. NHTSA is also adopting new tractor standards for the 2017 model y ear which reflect additional improvements in only the heavy - dut y engines. As proposed, NHTSA is not implementing an in - use compliance program for fuel consumption because it does not anticipate that there will be notable deterioration of fuel consumption over the useful life of the vehicle. As explained more fully

in Section III and Chapter 2 of the RIA, EPA and NHTSA are not adopting more stringent tractor standards for 2014 - 2017 MY. The final tractor standards are based on the maximum application rates of available technologies considering the available lead time, and we explain in Section III and Chapter 2 of the RIA that use of additional technologies, or further application of the technologies already mentioned would be either infeasible in the lead time afforded, or uneconomic.

58 Once a manufacturer opts into the NHTSA program it must stay in the program for all the optional MYs.***** E.O. 12866 Review**
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77 of 971 **Table II**  **- 1**  **: Heavy -**  **duty Combination Tractor Emissions and Fuel Co nsu**  **mption Standards** 2014 Model Year CO 2 Grams per Ton - Mile

Day Cab Sleeper Cab Class 7 Class 8 Class 8 Low Roof 107 81 68 Mid Roof 119 88 76 High Roof 124 92 75 2014 - 2016 Model Year Gallons of Fuel per 1,000 Ton - Mile 59

Day Cab Sleeper Cab Class 7 Class 8 Class 8 Low Roof 10.5 8.0 6.7 Mid Roof 11.7 8.7 7.4 High Roof 12.2 9.0 7.3 2017 Model Year CO 2 Grams per Ton - Mile

Day Cab Sleeper Cab Class 7 Class 8 Class 8 Low Roof 104 80 66 Mid Roof 115 86 73 High Roof 120 89 72 2017 Model Year and Later Gallons of Fuel per 1,000 Ton - Mile

Day Cab Sleeper Cab Class 7 Class 8 Class 8 Low Roof 10.2 7.8 6.5 Mid Roof 11.3 8.4 7.2 High Roof 11.8 8.7 7.1 The standard values shown above differ somewhat from the proposal, reflecting refinements made to the GEM in response to comments. For example, the agencies received comments from stakeholders concerned that the 2017 MY tractor standards appeared to be ba cksliding because the reductions were not in line with the reductions expected from the 2017 MY engine standards. The agencies reviewed the issue and found that the engine maps we created in the GEM for the 2017 model ye ar for the proposal did not appropriately reflect the engine improvements. Therefore, the agencies developed new fuel maps for the GEM v2.0 which fully reflect the engine improvements due to the 2017 MY standards. 60 These changes to the GEM did not impact our estimates of the relative effe ctiveness of the greenhouse gas emissions and fuel consumption improving technologies modeled in this final action nor the overall cost or benefits estimated for these final vehicle standards.

59 As noted above, manufacturers may voluntarily opt - in to the NHTSA fuel consumption program in 2014 or 2015. Once a manufacturer opts into the NHTSA program it must stay in the program for all the optional MYs. 60 See RIA Chapter 4 for the engine fuel maps used in GEM v2.0.***** E.O. 12866 Review**
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78 of 971 Based on our analy sis, the 2017 model y ear standards for comb ination tractors and engines represent up to a 23 percent reduction in CO 2 emissions and fuel consumption over a 2010 model year baseline tractor (the baseline sleeper cab does not include idle shutdown technology) , as detailed in Section III.A.2. In considering the feasibility of vehicles to comply

with the standards, EPA also considered the potential for CO 2 emissions to increase during the regulatory useful life of the product. As we discuss separately in the context of deterioration factor (DF) te sting, we have concluded that CO 2 emissions are likely

to stay the same or actuall y decrease in - use compared to new certified configurations. In general, engine and vehicle friction decreases as products wear in leading to reduced parasitic losses and low er CO 2 emissions. Similarly , tire rolling resistance falls as tires wear due to the reduction in tread height. In the case of aerod ynamic components, we project no change in performance through the regulatory life of the vehicle since there is essentiall y no change in their ph ys ical form as vehicles age. Similarly , weight reduction elements such as aluminum wheels are not projected to increase in mass through time, and hence, we can conclude will not deteriorate with regard to CO 2 performance in - use. Gi ven all of these considerations, EPA is confident in projecting that the standards finalized today will be technical feasible throughout the regulatory

useful life of the program. (b ) Standards for Engines Installed in Combination Tractors EPA is adopting GHG standards and NHTSA is adopting fuel consumption standards for new heav y - duty engines. This section discusses the standards for engines used in Class 7 and 8 combination tractors and also provides some overall background information. We also note that th e agencies are adopting standards for heavy - dut y engines used in vocational vehicles. However, as explained further below, compliance with the standards would be measured using different test procedures, corresponding with actual vehicle use, depending on whether the vehicle in which the engine is installed is a Class 7 and 8 combination tractor or a vocational vehicle. The heav y - duty

engine standards vary

depending on the ty

pe of vehicle in which they are installed , as well as whether the engines are co mpression ignition or spark ignition. The agencies are adopting separate engine fuel consumption and GHG emissions standards for engines installed in combination tractors versus engines installed in vocational vehicles. Also, for the purposes of the GHG engine emissions and engine fuel consumption standards, the agencies are adopting engine subcategories that match EPA’s existing criteria pollutant emissions regulations for heav y - dut y highway engines which established four regulatory service classes that represent the engine’s intended and primary vehicle application. 61 The L ight Heavy - Duty (LHD) diesel engines are intended for application in Class 2b through Class 5 trucks (8,501 through 19,500 pounds GVWR). The Medium Heav y - Duty (MHD) diesel engines are intended for Class 6 and Class 7 trucks (19,501 through 33,000 pounds GVWR). The Heav y Heav y - Dut y (HDD) diesel engines are primaril y used in Class 8 trucks (33,001 pounds and greater GVWR). Lastly, spark ignition engines (primarily gasoline - powered engin es) installed in incomplete vehicles less than 14,000 pounds GVWR and spark ignition engines that are installed in

61 See 40 CFR 86.90 - 2.***** E.O. 12866 Review**
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79 of 971 all vehicles (complete or incomplete) greater than 14,000 pounds GVWR are grouped into a single engine service class. The engines in these f our regulatory

service classes range in size between approximately five liters and sixteen liters. This subcategory structure enables the agencies to set standards that appropriatel y reflect the technology available for engines installed in each t ype of v ehicle, and that are therefore technologicall y feasible for these engines. This is the same engine classification scheme the agencies proposed, and there were no adverse comments in response to the proposal. Heav y heav y - dut y diesel and medium heav y - dut y d iesel engines are used today in combination tractors. The following section refers to the engine standards for these types of engines. This section does not cover gasoline or light heav y - dut y diesel engines because they

are not used in combination tracto rs. In the NPRM, the agencies proposed CO 2 and fuel consumption standards for HD diesel engines to be installed in Class 7 and 8 combination tractors as shown in Table II 2. 62 **Table II**  **- 2**  **: Proposed Heavy -**  **duty D iesel Engine Standards for Engines Installed in Tractors** 

Effective 2014 Model Year Effective 2017 Model Year CO 2 standard (g/bhp - hr) Voluntary Fuel Consumption Standard (gal/100 bhp - hr) CO 2 standard

(g/bhp - hr) Fuel

Consumption Standard (gal/100 bhp - hr) MHD diesel engine 502 4.93 487 4.78 HHD diesel engine 475 4.67 460 4.52 The agencies proposed to require diesel engine manufacturers to achieve , on average , a three percent reduction in fuel consumption and CO 2 emissions for the 2014 standards over the baseline MY 2010 performance for the engines. 63 The agencies’ preliminary assessment of the findings of the 2010 NAS Report and other literature sources indicate d that there are technologies available to reduce fuel consumption by this amount in the time frame in the lead time provided by the rule s . These technologies include improved turbochargers, aftertreatment optimization, and low temperature exhaust gas recirculation. The agencies also proposed to require diesel engine manufacturers to ach ieve, on average , a six percent reduction in fuel consumption and CO 2 emissions for the 2017 MY

62 The agencies note that the CO 2 and fuel consumption standards for Class 7 and 8 combination tractors do not cover gasoline or LHDD engines , as those are not used in Class 7 and 8 combination tractors . 63 The baseline HHD diesel engine performance in MY 201 0 on the SET is 490 g CO 2 /bhp - hr (4.81 gal/100 bhp - hr), as determined from confidential data provided by manufacturers and data submitted for the non GHG emissions certification process. T he baseline MHD diesel engine performance on the SET cycle is 518 g CO 2 /bhp - hr (5.09 gallon/100 - bhp - hr) in MY 2010. Further discussion of the derivation of the baseline can be found in Section III.***** E.O. 12866 Review**
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80 of 971 standards over the baseline MY 2010 performance for MHD and HHD diesel engines required to use the SET - based standard. The agencies stated that additional reductions could likely

be achieved through the increased refinement of the technologies projected to be implemented for 2014, plus the addition of turbocompounding , which the agencies’ anal ys is showed would require a longer development time an d would not be available in MY 2014 . The agencies therefore proposed to provid e additional lead time to allow for the introduction of this additional technology , and to wait until 2017 to increase stringency

to levels reflecting application of this techno logy . The agencies proposed that the MHD and HHD diesel engine CO 2 standards for Class 7 and 8 combination tractors would become effective in MY 2014 for EPA, with more stringent CO 2 standards becoming effective in MY 2017, while NHTSA’s fuel consumption s tandards would become effective in MY 2017, which would be both consistent with the EI SA four - ye ar minimum lead - time requirements and harmonized with EPA’s timing. The agencies explained that the three - year timing, besides being required b y E IS A, made sen se because EPA’s heavy - dut y highway engine program for criteria pollutants had begun to provide new emissions standards for the industry in three ye ar increments , which had caused the heavy - dut y engine product plans to fall largel y into three year cycles r eflect ing this regulatory environment. To further harmonize with EPA, NHTSA proposed voluntary fuel consumption standards for MHD and HHD diesel engines that are equivalent to EPA CO 2 standards for MYs 2014 - 2016, allowing manufacturer s to opt into the vol untary standards in any

of those model y ears. 64 NHTSA proposed that manufacturers could opt into the program by declaring their intent to opt in to the program at the same time they submit the Pre - Certification Compliance Report , and that a manufacturer op ting into the program would begin tracking credits and debits beginning in the model year in which they opt into the program. Both agencies proposed to allow manufacturers to generate and use credits to achieve compliance with the HD diesel engine standards, including averaging, banking, and trading (ABT) and deficit carry - forward. The agencies sought comment on the proposed MHD and HHD engine standards and timing. The agencies received comments from EMA, Navistar, Cummins, ACEEE, Center for Biological Di versity , Detroit Diesel Corporation, American Lung Association, and the Union of Concerned Scientists. Comments were divided with respect to the proposed levels of stringency . While Cummins and DDC expressed support for the CO 2 and fuel consumption stand ards for diesel engines, and EMA and Navistar stated the standards could be met if the flexibilities outlined in the NPRM are finalized as proposed, Navistar also stated that the model y ear 2017 standard may not be feasible since what the agencies characte rized as existing technologies are not in production for all manufacturers In contrast, environmental groups and NGOs stated that the standards did not reflect the potential reductions outlined in the 2010 NAS study and should be more stringent . CBD argued that the standards were not set at the maximum feasible level by definition , because the agencies had said that they were based on the use of existing

64 Once a manufacturer opts into the NHTSA program it must stay in the program for all the optional MYs and remain standardized with the implementation approach being used to meet the EPA emission program.***** E.O. 12866 Review**
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81 of 971 technologies. In addition, the Center for Neighborhood Technology encouraged the agencies to impl ement the rules as soon as possible, beginning in the 2012 model y ear. In light of the above comments, the agencies re - evaluated the technical basis for the heav y - dut y engine standards. The baseline HHD diesel engine performance in 2010 model year on th e SET is estimated at 490 g CO 2 /bhp - hr (4.81 gal/100 bhp - hr), based on our anal ys is of confidential data provided b y manufacturers and data submitted for the non - GHG emissions certification process. Similarly , the baseline MHD diesel engine performance on the SET cycle is estimated to be 518 g CO 2 /bhp - hr (5.09 gallon/100 - bhp hr) for the 2010 model year. Further discussion of the derivation of the baseline can be found in Section III. The agencies believe that the MY 2014 standards can be achieved by most manufacturers through the use of technologies time frame such as improved aftertreatment s ys tems, friction reduction, improved auxiliaries, turbochargers, pistons, and other components. These standards will require diesel engine manufacturers to achieve on average a three percent reduction in fuel consumption and CO 2 emissions over the baseline 2010 model year levels. However, in recognizing that some manufacturers have engines that would not meet the standard even after appl yi ng technologies that improv e GHG emissions and fuel consumption by

three percent, the agencies are finalizing both the proposed ABT provisions for these engines and also an optional alternate engine standard for 2014 model year, described in more detail below. We believe that conce rns expressed by Navistar regarding the 2014 MY standards will be addressed b y this alternative standard . The agencies also continue to believe that the 2017 MY standards are achievable using the above approaches and, in the case of SET certified engines, turbocompounding. While Navistar commented that the 2017 MY standard may be challenging because not all manufacturers are presently producing the technologies that may be required to meet the standards, the agencies believe that since manufacturers that may require turbocompounding to meet the standards will not have to do so until 2017 MY, there will be sufficient lead time for all manufacturers to introduce this technology . As noted above, b y MY 2017 all MHD and HHD engines installed in combination tra ctors should have gone through a redesign during which all needed technology can be applied. We note that we are finalizing these standards as proposed based on the assessment that most manufacturers (not just Navistar) will need to make improvements to e xisting engine sy stems in order to meet the standards. EPA’s HD diesel engine CO 2 emission standards and NHTSA’s HD diesel engine fuel consumption standards for engines installed in tractors are presented in Table II - 3 . As explained above, the first set of standards take effect with MY 2014 (mandatory standards for EPA, voluntary standards for NHTSA), and the second set take effect with MY 2017 (mandatory for both agencies).***** E.O. 12866 Review**
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82 of 971 **Table II**  **- 3**  **Final Heavy -**  **duty Diesel Engine Standards for Engines Installed in Tractors**

Effective 2014 Model Year Effective 2017 Model Year CO 2 standard (g/bhp - hr) Voluntary Fuel Consumption Standard (gal/100 bhp - hr) CO 2 standard

(g/bhp - hr) Fuel

Consumption Standard (gal/100 bhp - hr) MHD diesel engine 502 4.93 487 4.78 HHD diesel engine 475 4.67 460 4.52 The agencies have also decided to remove NHTSA’s proposed Pre - Certification Compliance Report requirement. Instead, manufacturers must submit their decision to opt into NHTSA’s voluntary

standards for the 2014 through 2016 model y ears as part of its certification process with EPA . O nce a manufacturer opts into the NHTSA program it must stay in the program for all the subsequent optional model years. Manufacturers that opt in become subject to NHTSA standards for all regulatory categories. The declaration statement must be entered prior to or at the same time th e manufacturer submits its first application for a certificate of conformity. NHTSA w ill begin tracking credits and debits beginning in the model year in which a manufacturer opt s into its program. Compliance with the CO 2 emissions and fuel consumption st andards will be evaluated based on the SET engine test cycle. In the NPRM, the agencies proposed standards based on the SET cycle for MHD and HHD engines used in tractors due to these engines’ primary

use in stead y state operating conditions ( ty pified by highway cruising) . Tractors spend the majority of their operation at steady state conditions, and will obtain in - use benefit of technologies such as turbocompounding and other waste heat recovery technologies during this kind of ty pical engine operation. Therefore, the engines installed in tractors will be required to meet the standard based on the SET, which is a steady state test cycle. The agencies gave full consideration to the need for engine manufacturers to redesign and upgrade their engine s durin g the MYs 2014 - 2017 to meet standards, and fully considered the cost - effectiveness of the standards and the available lead time . The final two - step CO 2 emission and fuel consumption standards recognize the opportunity for technology

improvements over the rulemaking time frame , while reflecting the t ypical engine manufacturers’ product plan cycles. Over these four model y ears there will be an opportunity

for manufacturers to evaluate almost every one of their engine models and add technology

in a cost - effe ctive way , consistent with existing redesign schedules, to control GHG emissions and reduce fuel consumption. The time - frame and levels for the standards, as well as the ability to average, bank and trade credits and carry a deficit forward for a limited time, are expected to provide manufacturers the time and flexibilities needed to incorporate technology that will achieve the final GHG and fuel consumption standards within the normal engine redesign process. This is an important aspect of the final rule s, as it will avoid the much higher costs that would occur if manufacturers needed to add or change technology at times other than these scheduled***** E.O. 12866 Review**
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83 of 971 redesigns. 65 This time period will also provide manufacturers the opportunity to plan for compliance using a multi - ye ar time frame, again in alignment with their normal business practice. Further details on lead time, redesigns and technical feasibility can be found in Section III. The agencies continue to believe the standards for MHD and HHD diesel engines ins talled in combination tractors are the most stringent technicall y feasible in the time frame established in this regulation. The standards will require a 3 percent reduction in engine fuel consumption and GHG emissions in 2014 MY based on improvements to engine components and aftertreatment sy stems. The 2017 MY standards will require a 6 percent reduction in fuel consumption and GHG emissions over a 2010 model year baseline and assumes the introduction, for some engines, of technologies such as turbocompo unding. The standards , however, are not premised on the introduction of technologies that are still in development

– such as R ankine bottoming cycle - since these approaches cannot be introduced without further technical development or engine re design. 66 Additional discussion on technical feasibility is included in Section III below and in Chapter 2 of the RIA . The agencies recognize, however, that the schedule of changes for the final standards may

not be the most cost - effective one for all manufacturer s. The agencies also sought comment as to whether an alternate phase - in schedule for the HD diesel engine standards for combination tractors should be considered. In developing the proposal, heav y - duty engine manu facturers stated that the phase - in of the GHG and fuel consumption standards should be aligned with the On Board Diagnostic (OBD) 67 phase in schedule , which includes new requirements for heavy - dut y vehicles in the 2013 and 2016 model years . The agencies did not adopt this suggestion in the proposal, explaining that the credit averaging, banking and trading provisions would provide manufacturers with considerable flexibility to manage their GHG and fuel efficiency standard compliance plans

– including the phase - in of the new heav y - dut y OBD requirements

– b ut requested comment on whether EPA and NHTSA should provide an alternate phase in schedules that would more explicitly accommodate this request in the event that manufacturers did not agre e that the ABT provisions mitigated their concern about the GHG/fuel consumption standard phase - in. See 75 FR at 74178. In response, Cummins, Engine Manufacturers Association, and DTNA commented that their first choice was a delay in the OBD effective date for one y ear to the 2014 model y ear. The industry ’s second choice was to provide manufacturers with an optional GHG and fuel consumption phase - in that align s their product development plans with their current plans to meet the OBD regulations for EPA and California in the 2013

65 See 75 FR at 25467 - 68 for further discussion of th e negative cost implications of establishing requirements outside of the redesign cycle. 66 See RIA Chapter 2.4.2.7. 67 On - b oard diagnostics (OBD) is a computer - based emissions monitoring system that was first required in 2007 for vehicles under 14,000 pounds (65 FR 59896, Oct. 6, 2000) and in 2010 for vehicles over 14,000 pounds (74 FR 8310, Feb. 24, 2009).***** E.O. 12866 Review**
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84 of 971 and 2016 model years . These commenters argued that meeting the OBD regulation in the 2013 model year alread y poses a significant challenge, and that having to meet GHG an d fuel consumption standards beginning in 2014 could require them to redesign and recertify their products just one year later. They argued that bundling design changes where possible can reduce the burden on industry for compl yi ng with regulations, so al igning the introduction of the OBD, GHG, and fuel consumption standards could help reduce manufacturers’ burden for product development, validation and certification. In order to provide additional flexibility for manufacturers looking to align their techn ology

changes with multiple regulatory requirements, the agencies are finalizing an alternate “OBD phase - in ” option for meeting the standards for MHD and HHD diesel engines installed in tractors (in addition to engines installed in vocational vehicles as n oted below in Section II.D) , which delivers equivalent CO 2 emissions and fuel consumption reductions as the primary standards for the engines built in the 2013 through 2017 model years, as shown in Table II - 4 . The optional OBD phase - in schedule requires that engines built in the 2013 and 2016 model years to achieve greater reductions than the engines built in those model years under the primary program, but requires f

ewer reductions for the engines built in the 2014 and 2015 model years. **Table II**  **- 4**  **: Comparison of**  **CO 2**  **reductions for the HHD and MHD Tractor Standards**  **Under the**  **Alternative OBD Phase -**  **in and Primary**  **Phase -**  **In** HHD Tractor Engines MHD Tractor Engines Primary Phase - in Standard (g/bhp - hr) Optional

Phase - in Standard (g/bhp - hr) Difference

in L ifetime CO 2 Engine Emissions (MMT) Primary

Phase - in Standard (g/bhp - hr) Optional

Phase - in Standard (g/bhp - hr) Difference in

Lifetime CO 2 Engine Emissions (MMT) Baseline 490 490 -- 518 518 -- 2013 MY Engine 490 485 14 518 512 17 2014 MY Engine 475 485 - 28 502 512 - 28 2015 MY Engine 475 485 - 28 502 512 - 28 2016 MY Engine 475 460 42 502 487 42 2017 MY Engine 460 460 0 487 487 0 Net Reductions (MMT) 0 3

The technologies for the 2013 model y ear optional standard include a subset of technologies that could be used to meet the primary 2014 model year standard. The agencies believe this approach is appropriate because the shorter lead time provided for manufacturers selecting this option limits the technologies which can be applied. However, in order to maintain equivalent CO 2 emissions and fuel consumption reduction over the 2013 through 2017 model y ear period, it is nec essary for the 2016 model y ear***** E.O. 12866 Review**
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85 of 971 standard to be equal to the 2017 model y ear standard, using the same technology paths described for the primary engine program. If a manufacturer selects this optional phase in, then the engines must be certified starting in the 2013 model y ear and continue using this phase - in through 2016 model y ear. That is, once electing this compliance path, manufacturers must adhere to it. 68 Manufacturers may opt into the optional OBD phase in through the voluntary

NHTSA program, but mus t opt in in the 2013 model year and continue using this phase - in through the 2016 model y ear. Manufacturers that opt in to the voluntary

NHTSA program in 2014 and 2015 will be required to meet the primary phase - in schedule and may not adopt the OBD phase - in option . Table II - 5 below presents the final HD diesel engine CO 2 emission standards under the “OBD phase - in” option. **Table II**  **- 5**  **: Optional Heavy -**  **Duty Engine Standard Phase -**  **in Schedule for Tractor Engines**  Effective 2013 Through 2015 Model Year MHD Diesel Engine HHD Diesel

Engine CO 2 Standard (g/bhp - hr) 512 485 Voluntary

Fuel Consumption Standard (gallon/100 bhp - hr) 5.03 4.76 Effective 2016 Model Year and Later MHD Diesel Engine HHD Diesel

Engine CO 2 Standard (g/bhp - hr) 487 460 Fuel Consumption (gallon/100 bhp - hr) 4.78 4.52 Although the agencies believe that the standards for the HD diesel engines installed in combination tractors are generally appropriate, cost - effective, and technologicall y feasible in the rulemaking time frame , we also recognize that when regulating a cat egory

of engines for the first time, there will be individual products that may deviate significantl y from the baseline level of performance, whether because of a specific approach to criteria pollution control, or due to engine calibration for specific ap plications or duty

cycles. In the current fleet of 2010 and 2011 model year engines used in combination tractors , NHTSA and EPA understand that there is a relatively small group of legacy engines that are up to approximately 25 percent worse than the aver age baseline for other engines. For this group of legacy MHD and HHD diesel engines installed in tractors , when compared to the t ypical performance levels of the majority of the engines in the fleet and the fuel consumption/GHG emissions reductions that the majority of engines would achieve through increased application of technology , the same reduction from the industry baseline may

not be possible at reasonabl y comparable cost given the same amount of lead - time, because these products may require a total redesign in order to meet the standards. Manufacturers of the MHD and HHD diesel engines installed in tractors with aty pically high baseline CO 2 and fuel consumption levels may

68 See §1036.150(e).***** E.O. 12866 Review**
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86 of 971 also, in some instances, have a limited line of engines across which to avera ge performance to meet the generall y - applicable standards. To account for this possibility , the agencies requested comment in the NPRM on the establishment of an optional alternative MHD and HHD engine standard for those engines installed in combination tractors which would be set at 3 percent below a manufacturer’s 2011 engine baseline emissions and fuel consumption , or alternativel y, at 2 percent below a manufacturer’s 2011 baseline. T he agencies also requeste d comment on extending this optional standard one ye ar (to the 2017 MY ) for a single engine famil y at a 6 percent level below the 2011 baseline. 69 This option would not be available unless and until a manufacturer had exhausted all available credits and cr edit opportunities, and engines under the optional standard could not generate credits. In comments to the NPRM, Navistar supported the alternative engine standard, but recommended that it be set at 2 percent below the manufacturer’s 2011 baseline. They also supported the extension to 2017 MY at 6 percent. Navistar provided CBI in support of its comments. Volvo, DTNA, environmental groups, NGOs, and the New York State Department of Environmental Conservation opposed the optional engine standard , arguin g that existing flexibilities are sufficient to allow compliance with the standards and that all manufacturers should be held to the same standards. Based on the CBI submitted by Navistar, the agencies found that a large majority of the HD diesel engines used in Class 7 and 8 combination tractors were relatively close to the average baseline, with some above and some below , but also that some legacy MHD and HDD diesel engines were far enough away from the baseline that they could not meet the generally - ap plicable standards with application of technology that would be available for those specific engines b y 2014 . The agencies continue to believe that an interim alternative standard is needed for these products, and that an interim standard reflects a legit imate differen ce between products starting from different fuel consumption/GHG emitting baselines. As explained in the proposal, it is legall y permissible to accommodate short term lead time constraints with alternative standards. Commenters did not disp ute that there are legacy engine families with significantly higher CO 2 emissions and fuel consumption baselines, and that these engines require longer lead time to meet the principal standards in the earl y model ye ars of the program. Although the agencie s acknowledge the view that all manufacturers should be subject to the same burden for meeting the primary standards, the agencies believe that, in the initial ye ars of a new program, additional flexibilities should be provided. The GHG standards and fuel consumption standards are first - time standards for these engines, so the possibility

of significantly

different baselines is not unexpected. 70 Moreover, the agencies do not believe that the alternative standard affords a relative competitive advantage to the higher emitting legacy engines: the same level of improvement at the same cost will be required of those tractor engines, and in addition, by 2017 MY, those tractor engines will be required to make the additional improvements to meet the same standards as other engines . We believe that the concern expressed b y Navistar regarding

69 See 75 FR at 74178 - 74179. 70 See 75 FR at 74178.***** E.O. 12866 Review**
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87 of 971 the 2014 MY standards will be addressed b y this alternative. The agencies also continue to believe the 2017 MY standards are achievable using the above approaches and, in the case of MHD and HHD engines installed in tractors, turbocompounding. While Navistar commented that the 2017 MY standard may be challenging, the agencies believe that since manufacturers which may need to use turbocompounding to meet the standards will not have to do so until 2017 MY, there will be sufficient lead time for all engine manufacturers to introduce this technology . Thus, the agencies are finalizing a regulatory alternative whereb y a manufacturer , for an interim period of the 2014 - 2016 model ye ars, w ould have the option to comply with a unique standard based on a three percent reduction from an individual engine’ s own 2011 model year baseline level. Our assessment is that this three percent reduction is appropriate given the potential for manufacturers to appl y similar technology packages with similar cost to what we have estimated for the primary program. This is similar to EPA’s approach in the light - dut y rule for handling a certain subset of vehicles that were deemed unable to meet the gen erall y - applicable GHG standards during the 2012 - 2015 time frame due to higher initial baseline conditions , and which therefore needed alternate standards in those model ye ars. 71 The agencies stress that this is a temporary and limited option being implem ented to address diverse manufacturer needs associated with complying with this first phase of the regulations. As codified in 40 CFR 1036. 620 and 49 CFR 535.5(d), this optional standard will be available only for the 2014 through 2016 model y ears, becaus e we believe that manufacturers will have had ample opportunity to make appropriate changes to bring their product performance into line with the rest of the industry after that time . As proposed, the final rule s require that manufacturers making use of these provisions for the optional standard would need to exhaust all credits available to this averaging set prior to using this flexibility and would not be able to generate emissions credits from other engines in the same regulatory averaging set as the e ngines compl yi ng using this alternate approach. The agencies note again that manufacturers choosing to utilize this option in MYs 2014 - 2016 will have to make a greater relative improvement in MY 2017 than the rest of the industry , since they

will be starting from a worse level

– for compliance purposes, emissions from engines certified and sold at the three percent level will be averaged with emissions from engines certified and sold at more strin gent levels to arrive at a weighted average emissions for all engines in the subcategory . Again, this option can only be taken if all other credit opportunities have been exhausted and the manufacturer still cannot meet the primary

standards. If a manufa cturer chooses this option to meet the EPA emission standards in the MY 2014

– 2016, and wants to opt into the NHTSA fuel consumption program in these same MYs it must follow the exact path followed under the EPA program utilizing equivalent fuel consumpti on standards. Since the NHTSA standards are optional in 2014, manufacturers may choose not to adopt either the alternative engine standard or the regular voluntary standard b y not participating in the NHTSA program in 2014 and 2015.

71 See 75 FR 25414 - 25419***** E.O. 12866 Review**
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88 of 971 Some commenters argue d that manufacturers could game the standard b y establishing an artificially high 2011 baseline emission level. This could be done, for example, by

certifying an engine with high fuel consumption and GHG emissions that is either: 1) not sold in significant quantities ; or 2) later altered to emit fewer GHGs and consume less fuel through service changes. In order to mitigate this possibility , the agencies are requiring that the 2011 model year baseline must be developed by averaging emissions over all engine s in an engine famil y certified and sold for that model y ear so as to prevent a manufacturer from developing a single high GHG output engine solely for the purpose of establishing a high baseline. As an alternative, if a manufacturer does not certify all engine families in an averaging set to the alternate standards, then the tested configuration of the engine certified to the alternate standard must have the same engine displacement and its rated power within 5 percent of the highest rated power of the ba seline tested configuration. In addition, the tested configuration of the engine certified to the alternate standard must be a configuration sold to customers. These three requirements will prevent a manufacturer from producing an engine with an artifici ally high power rating and therefore produce artificially low grams of CO 2 emissions and fuel consumption per brake horsepower. In addition, the tested configurations must have a BSFC equivalent to or better than all other configurations within the engine family which will prevent a manufacturer from creating a baseline configuration with artificially high CO 2 emissions and fuel consumption. (c) In - use Standards Section 202(a)(1) of the CAA specifies that EPA is to adopt emissions standards that are applicabl e for the useful life of the vehicle. The in - use standards that EPA is finalizing would apply

to individual vehicles and engines. NHTSA is adopting an approach which does not include in - use standards. EPA proposed that the in - use standards for heav y - duty engines installed in tractors be established b y adding an adjustment factor to the full useful life emissions and fuel consumption results projected in the EPA certification process to address measurement variability

inherent in comparing results among different laboratories and different engines . The agency proposed a two percent adjustment factor and requested comments and additional data during the proposal to assist in developing an appropriate factor level. The agency

received additional data durin g the comment period which identified production variability which was not accounted for at proposal. Details on the development of the final adjustment factor are included in RIA Chapter 3. Based on the data received, EPA determined that the adjustment factor in the final rules should be higher than the proposed level of two percent. EPA is finalizing a three percent adjustment factor for the in - use standard to provide a reasonable margin for production and test - to - test variability that could result in d ifferences between the initial emission test results and emission results obtained during subsequent in - use testing. We are finalizing regulatory text (in §1036.150) to allow engine manufacturers to used assigned deterioration factors (DFs) without perfo rming their own durability emission tests or engineering anal ys is. However, the engines would still be required to meet the standards in actual use without regard to whether the manufacturer used the***** E.O. 12866 Review**
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89 of 971 assigned DFs. This allowance is being adopted as an interim provision applicable only for this initial phase of standards. Manufacturers will be allowed to use an assigned additive DF of 0.0 g/bhp - hr for CO 2 emissions from any conventional engine (i.e., an engine not including advance or innovative technolo gies). Upon request, we could allow the assigned DF for CO 2 emissions from engines including advance or innovative technologies, but only if we determine that it would be consistent with good engineering judgment. We believe that we have enough informati on about in - use CO 2 emissions from conventional engines to conclude that they

will not increase as the engines age. However, we lack such information about the more advanced technologies. EPA is also finalizing the proposed provisions requiring that the useful life for these engine and vehicles with respect to GHG emissions be set equal to the respective useful life periods for criteria pollutants. EPA is adopting provisions where the existing engine useful life periods, as included in Table II - 6 , be broadened to include CO 2 emissions for both engines ( See 40 CFR 1036.108(d)) and tractors ( See 40 CFR 1037.105). **Table II**  **- 6**  **: Tractor and Engine Useful Life Periods** Years Miles Medium Heav y - Dut y Diesel Engines 10 185,000 Heav y Heav y - Duty

Diesel Engines 10 435,000 Class 7 Tractors 10 185,000 Class 8 Tractors 10 435,000 **(3) Test Procedures and**  **Related Issues** The agencies are finalizing a complete set of test procedures to evaluate fuel consumption and CO 2 emissions from Class 7 and 8 tractors and the engines installed in them. Consistent with the proposal, the test procedures related to the tra ctors are all new, while the engine test procedures already established were built substantially on EPA’s current non - GHG emissions test procedures, except as noted. This section discusses the final simulation model developed for demonstrating compliance with the tractor standard and the final engine test procedures. (a ) Vehicle Simulation Model We are finalizing as proposed separate engine and vehicle - based emission standards to achieve the goal of reducing emissions and fuel consumption for both combination tractors and engines. Engine manufacturers are subject to the engine standards while the Class 7 and 8 tractor manufacturers are required to install certified engines in their tractors. The tractor manufacturer is also subject to a separate vehicle base d standard which utilizes a vehicle simulation model to evaluate the impact of the tractor cab design to determine compliance with the tractor standard.***** E.O. 12866 Review**
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90 of 971 A simulation model, in general, uses various inputs to characterize a vehicle’s properties (such as we ight, aerody namics, and rolling resistance) and predicts how the vehicle would behave on the road when it follows a driving cycle (vehicle speed versus time). On a second - by - second basis, the model determines how much engine power needs to be generated fo r the vehicle to follow the driving cycle as closely as possible. The engine power is then transmitted to the wheels through transmission, driveline, and axles to move the vehicle according to the driving cycle. The second - by - second fuel consumption of the vehicle, which corresponds to the engine power demand to move the vehicle, is then calculated according to a fuel consumption map in the model. Similar to a chassis d ynamometer test, the second - by - second fuel consumption is aggregated over the complete drive cycle to determine the fuel consumption of the vehicle. Consistent with the proposal, NHTSA and EPA are finalizing a procedure to evaluate fuel consumption and CO 2 emissions respectivel y through a simulation of whole - vehicle operation, consistent wi th the NAS recommendation to use a truck model to evaluate truck performance. 72 The EPA developed the Greenhouse gas Emissions Model (GEM) for the specific purpose of this rulemaking to evaluate truck performance. The GEM is similar in concept to a number of vehicle simulation tools developed by commercial and government entities. The model developed b y the EPA and finalized here was designed for the express purpose of vehicle compliance demonstration and is therefore simpler and less configurable than si milar commercial products. This approach gives a compact and quicker tool for vehicle compliance without the overhead and costs of a more sophisticated model. Details of the model are included in Chapter 4 of the RIA. The agencies are aware of several o ther simulation tools developed by universities and private companies. Tools such as Argonne National Lab oratory 's Autonomie, Gamma Technologies ’ GT - Drive, AVL ’ s CRUI SE, Ricardo ’ s VSIM, Dassault ’ s DYMOLA, and University of Michigan's HE - VESIM codes are publicly available. In addition, manufacturers of engines, vehicles, and trucks often have their own in - house simulation tools. The agencies sought comments regarding other software packages which would better serve the compliance purposes of the rules tha n the GEM, but did not receive an y recommendations. The GEM is designed to focus on the inputs most closely associated with fuel consumption and CO 2 emissions - i.e., on those which have the largest impacts such as aerod ynamics, rolling resistance, weight, and others. EPA has validated the GEM based on the chassis test results from two combination tractors tested at Southwest Research Institute. The validation work conducted on this vehicle was representative of the other Class 7 and 8 tractors. Many aspects of one tractor configuration (such as the engine, transmission, axle configuration, tire sizes, and control sy stems) are similar to those used on the manufacturer’s sister models. For example, the powertrain configuration of a sleeper cab with any roof height is similar to the one used on a day cab with any

roof height. Overall, the GEM predicted the fuel consumption and CO 2 emissions within 2 percent of the chassis test procedure results for three test cycles

– the California ARB Transient cycle, 65 mph cruise cycle,

72 See 2010 NAS Report. Note **21** , Recommendation 8 - 4. Page 190.***** E.O. 12866 Review**
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91 of 971 and 55 mph cruise cycle. These cycles are the ones the agencies are utilizing in compliance testing. Since the time of the proposal, the EPA also conducted a validation of the GEM relative to a commonly used vehicle simulation softw are, GT - Power. The results of this validation found that the two software programs predicted the fuel efficiency of each subcategory of tractor to be within 2 percent. Test to test variation for heav y - dut y vehicle chassis testing can be higher than 4 percent due to driver variation alone. The final simulation model is described in greater detail in Chapter 4 of the RIA and is available for download by at ( http://www.epa.gov/otaq/ climate/regulations.htm ). After proposal, the agencies conducted a peer review of GEM version 1.0 which was proposed. In addition, we requested comment on all aspects of this approach to compliance determination in general and to the use of the GEM in particular. The agencies rec eived comments from stakeholders and made changes for the release of GEM v2.0 to address concerns raised in the comments, along with the comments received during the peer review process. The most noticeable changes to the GEM include improvements to the graphical user interface (GUI). In response to comments, the agencies have reduced the amount of information required in the Identification section; linked the inputs to the selected subcategory while graying - out the items that are not applicable to the su

bcategory ; and added batch modeling capability to reduce the compliance burden to manufacturers. In addition, substantial work went into model validations and benchmarking against vehicle test data and other commonly used vehicle simulation models. The model also includes a new driver model, a simplified electric s ys tem model, and revised engine fuel maps to better reflect the 2017 model year engine standards. The model in the final rulemaking uses the targeted vehicle driving speed to estimate vehicle torque demand at an y given time, and then the power required to drive the vehicle is derived to estimate the required accelerator and braking pedal positions. If the driver misses the vehicle speed target, a speed correction logic controlled b y a PID contr oller is applied to adjust necessary accelerator and braking pedal positions in order to match targeted vehicle speed at every simulation time step. The enhanced driver model used in the final rulemaking with its feed - forward driver controls more realisti call y models driving behavior. The GEM v1.0, the proposed version of the model, had four individual components to model the electric s ys tem

– starter, electrical energy s ys tem, alternator, and electrical accessory . For the final rulemaking, the GEM v2.0 h as a single electric sy stem model with a constant power consumption level. Based on comments received, the agencies revisited the 2017 model year proposed fuel maps, specificall y the low load area, which was extrapolated during the proposal and (incorrect ly) generated negative improvements. The agencies redeveloped the fuel maps for the final rulemaking to better predict the fuel consumption of engines in this area of the fuel consumption map. Details of the changes are included in RIA Chapter 4. To demo nstrate compliance, a Class 7 and 8 tractor manufacturer will measure the performance of specified tractor s ys tems (such as aerody namics and tire rolling resistance), input the values into the GEM, and compare the model’s output to the standard. The rules require that a tractor manufacturer provide the inputs for each of following factors for each of the tractors it wishes to certify under CO 2 standards and for***** E.O. 12866 Review**
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establishing fuel consumption values: Coefficient of Drag, Tire Rolling Resistance Coefficient, Weight Reduction, Vehicle Speed Limiter, and Extended I dle Reduction Technology . These are the technologies on which the agencies’ own feasibility anal ys is for these vehicles is predicated. An example of the GEM input screen is included in Figure II - 1.

For the aerodyn amic assessment, tire rolling resistance, and tractor weight reduction, the input values for the simulation model will be determined by the manufacturer through conducting tests using the test procedures finalized by the agencies in this action and described below. The agencies are allowing several testing alternatives for aerodynamic assessment referenced back to a coastdown test procedure, a single procedure fo r determination of the coefficient of prescribed method to determine tractor weight reduction. The agencies have finalized defined model inputs for determining vehicle speed limiter and extended idle reduction tec hnology

benefits. The other aspects of vehicle performance are fixed within the model as defined b y the agencies and are not varied for the purpose of compliance. (b ) Metric Test metrics which are quantifiable and meaningful are critical for a regulatory prog ram. The CO 2 and fuel consumption metric should reflect what we wish to control (CO 2 or fuel consumption) relative to the clearest value of its use: in this case, carry ing freight. It should encourage efficiency improvements that will lead to reductions i **Revised Version**
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92 of 971 establishing fuel consumption values: Coefficient of Drag, Tire Rolling Resistance

Weight Reduction, Vehicle Speed Limiter, and Extended I dle Reduction Technology . These are the technologies on which the agencies’ own feasibility anal ys is for these vehicles is predicated. An example of the GEM input screen is included in

**Figure II**  **- 1**  **: GEM Input Screen** For the aerodyn amic assessment, tire rolling resistance, and tractor weight reduction, the input values for the simulation model will be determined by the

conducting tests using the test procedures finalized by the agencies in this action and described below. The agencies are allowing several testing alternatives for aerodynamic assessment referenced back to a coastdown test procedure, a single

determination of the coefficient of rolling resistance ( CRR) prescribed method to determine tractor weight reduction. The agencies have finalized defined model inputs for determining vehicle speed limiter and extended idle reduction hnology benefits. The other aspects of vehicle performance are fixed within the model as defined b y the agencies and are not varied for the purpose of compliance. Test metrics which are quantifiable and meaningful are critical for a regulatory

and fuel consumption metric should reflect what we wish to control or fuel consumption) relative to the clearest value of its use: in this case, carry ing freight. It should encourage efficiency improvements that will lead to reductions i **Do Not Cite, Quote, or Release During Review ***** establishing fuel consumption values: Coefficient of Drag, Tire Rolling Resistance

Weight Reduction, Vehicle Speed Limiter, and Extended I dle Reduction Technology . These are the technologies on which the agencies’ own feasibility anal ys is for these vehicles is predicated. An example of the GEM input screen is included in

For the aerodyn amic assessment, tire rolling resistance, and tractor weight reduction, the input values for the simulation model will be determined by the

conducting tests using the test procedures finalized by the agencies in this action and described below. The agencies are allowing several testing alternatives for aerodynamic assessment referenced back to a coastdown test procedure, a single ) for tires , and a prescribed method to determine tractor weight reduction. The agencies have finalized defined model inputs for determining vehicle speed limiter and extended idle reduction hnology benefits. The other aspects of vehicle performance are fixed within the model as defined b y the agencies and are not varied for the purpose of compliance. Test metrics which are quantifiable and meaningful are critical for a regulatory

and fuel consumption metric should reflect what we wish to control or fuel consumption) relative to the clearest value of its use: in this case, carry ing freight. It should encourage efficiency improvements that will lead to reductions i n***** E.O. 12866 Review**
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93 of 971 emissions and fuel consumption during real world operation. The agencies are finalizing standards for Class 7 and 8 combination tractors that would be expressed in terms of moving a ton (2,000 pounds) of freight over one mile. Thus, NHTSA’s final fuel consumption standards for these trucks would be represented as gallons of fuel used to move one ton of freight 1,000 miles, or gal/1,000 ton - mile. EPA's final CO 2 vehicle standards would be represented as grams of CO 2 per ton - mile. The model converts CO 2 emissions to fuel consumption using the CO 2 grams per ton mile estimated by GEM and an assumed 10,180 grams of CO 2 per gallon of diesel fuel. This approach tracks the recommendations of the NAS report. The NAS panel concluded, in their report, that a loa d - specific fuel consumption metric is appropriate for HD trucks. The panel spent considerable time explaining the advantages of and recommending a load - specific fuel consumption approach to regulating the fuel efficiency of heav y - dut y trucks. See NAS Rep ort pages 20 through 28. The panel first points out that the nonlinear relationship between fuel econom y and fuel consumption has led consumers of light - duty vehicles to have difficulty in judging the benefits of replacing the most inefficient vehicles. The panel describes an example where a light - duty vehicle can save the same 107 gallons per y ear (assuming 12,000 miles travelled per y ear) by improving one vehicle’s fuel efficiency from 14 to 16 mpg or improving another vehicle’s fuel efficiency

from 35 to 50.8 mpg. The use of miles per gallon leads consumers to undervalue the importance of small mpg improvements in vehicles with lower fuel econom y. Therefore, the NAS panel recommends the use of a fuel consumption metric over a fuel economy metric. The panel also describes the primary purpose of most heav y - duty vehicles as moving freight or passengers (the payload). Therefore, they

concluded that the most appropriate way to represent an attribute - based fuel consumption metric is to normalize the fuel c onsumption to the payload. With the approach to compliance NHTSA and EPA are adopting, a default payload is specified for each of the tractor categories suggesting that a gram per mile metric with a specified payload and a gram per ton - mile metric would be effectivel y equivalent. The primary

difference between the metrics and approaches relates to our treatment of mass reductions as a means to reduce fuel consumption and greenhouse gas emissions. In the case of a gram per mile metric, mass reductions are reflected only in the calculation of the work necessary to move the vehicle mass through the drive cycle. As such it directly

reduces the gram emissions in the numerator since a vehicle with less mass will require less energy to move through the drive cyc le leading to lower CO 2 emissions. In the case of Class 7 and 8 tractors and our gram/ton - mile metric, reductions in mass are reflected both in less mass moved through the drive cycle (the numerator) and greater payload (the denominator). We adjust the p ayload based on vehicle mass reductions because we estimate that approximately one third of the time the amount of freight loaded in a trailer is limited not by volume in the trailer but by the total gross vehicle weight rating of the tractor. By reducing the mass of the tractor the mass of the freight loaded in the vehicle can go up. Based on this general approach, it can be estimated that for every

1,200 pounds in mass reduction across all Class 7 and 8 tractors on the road, that total vehicle miles traveled, and therefore trucks on the road, could be reduced b y one percent. Without the use of a per ton - mile metric it would not be clear or straightforward for the agencies to reflect the benefits of mass reduction from large***** E.O. 12866 Review**
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94 of 971 freight carrying vehicles that are often limited in the freight they carry by the gross vehicle weight rating of the vehicle. There was strong consensus in the public comments for adopting the proposed metrics for tractors. (c) Vehicle Aerodynamic Assessment The aerod ynamic drag of a veh icle is determined by the vehicle’s coefficient of drag (Cd), frontal area, air density and speed. As noted in the NPRM, quantifying truck aerod ynamics as an input to the GEM presents technical challenges because of the proliferation of vehicle configurat ions, the lack of a clearly preferable standardized test method, and subtle variations in measured aerodynamic values among various test procedures. Class 7 and 8 tractor aerodynamics are currently developed b y manufacturers using a range of techniques, i ncluding wind tunnel testing, computational fluid dy namics, and constant speed tests. Consistent with our discussion at proposal, we believe a broad approach allowing manufacturers to use these multiple different test procedures to demonstrate aerodynami c performance of its tractor fleet is appropriate given that no single test procedure is superior in all aspects to other approaches. Allowing manufacturers to use multiple test procedures and modeling coupled with good engineering judgment to determine a erod ynamic performance is consistent with the current approach used in determining representative road load forces for light - dut y vehicle testing (40 CFR 86.129 - 00(e)(1)). However, we also recognize the need for consistency and a level playing field in eva luating aerody

namic performance. The agencies are retaining an aerodyn amic bin structure for the final rulemaking, but are adjusting the method used to determine the bins. To address the consistency and level playing field concerns, NHTSA and EPA propos ed that manufacturers use a two part screening approach for determining the aerodynamic inputs to the GEM. The first part would have required the manufacturers to assign each vehicle aerodynamic configuration based on descriptions of vehicle characteristi cs to one of five aerodynamics bins created b y EPA and NHTSA. The proposed assignment b y bin would have fixed (b y rule) the aerodynamic characteristics of the vehicle. However, the agencies, while working with industry , concluded for the final rulemaking that an approach which identified a reference aerody namic test method and a procedure to align results from other aerod ynamic test procedures with the reference method is a simpler, more accurate approach than deciphering and interpreting written descriptions of aerody namic components. Therefore, we are finalizing an approach, as described in Section V.B.3.d and §1037.501, which uses an enhanced coastdown procedure as a reference method and defines a process for manufacturers to align drag results from each of their own test methods to the reference method results. Manufacturers will be able to use any aerod ynamic evaluation method in demonstrating a vehicle’s aerodyn amic performance as long as the method is aligned to the reference method . The results from the aerod ynamic testing will be the single determining factor for aerodynamic bin assignments.***** E.O. 12866 Review**
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95 of 971 EPA and NHTSA recognize that wind conditions, most notably wind direction, have a greater impact on real world CO 2 emissions and fuel consumption of heav y - dut y trucks than of light - duty

vehicles. As noted in the NAS report, 73 the wind average drag coefficient is about 15 percent higher than the zero degree coefficient of drag. In addition, the agencies received comments that supported the us e of wind averaged drag results for the aerodynam ic determination. The agencies considered finalizing the use of a wind averaged drag coefficient in this regulatory program, but ultimately

decided to finalize drag values which represent zero yaw ( i.e., r epresenting wind from directly in front of the vehicle, not from the side) instead. We are taking this approach recognizing that the reference method is coastdown testing which is not capable of determining wind averaged yaw. Wind tunnels are currently the only tool which can accurately assess the influence of wind speed and direction on a vehicle’s aerodynamic performance. The agencies recognize, as NAS did, that the results of using the zero yaw approach may result in fuel consumption predictions that are offset slightly from real world performance levels, not unlike the offset we see today between fuel econom y test results in the CAFE program and actual fuel economy performance observed in - use. We believe this approach will not impact overall technolog y effectiveness or change the kinds of technology decisions made b y the tractor manufacturers in developing equipment to meet our final standards. However, the agencies are adopting provisions which allow manufacturers to generate credits reflecting perfo rmance of technologies which improve the aerody namic performance in crosswind conditions, similar to those experienced b y vehicles in use through innovative technologies, as described in Section IV. As just noted, the agencies are adopting an approach for this final action where the manufacturer would determine a tractor’s aerody namic drag force using their own aerod ynamic assessment tools and correlating the results back to the reference aerod ynamic test method of enhanced coastdown testing. The manufacturer determines the appropriate predefined aerodynamic bin based on the correlated test results and then inputs the predefined Cd value for that aerodyn amic bin into the GEM. Coefficient of drag and frontal area of the tractor - trailer combination go hand - i n - hand to determine the force required to overcome aerodyn amic drag. The agencies proposed that the Cd value would be a GEM input derived b y the manufacturer and that the agencies would specify the vehicle’s frontal area for each regulatory subcategory . T he agencies sought and received comment recommending an alternate approach where the aerody namic input tables (as shown in Table II - 7 and Table II - 8 ) represent the drag force as defined as Cd multiplied by

the frontal area. Because both approaches are essentially equivalent and the use of CdA more directly relates back to the aerodynamic testing, the agencies are finalizing the use of CdA as recomm ended by manufacturers. The agencies are finalizing aerod ynamic technology bins which divide the wide spectrum of tractor aerody namics into five bins (i.e., categories) for high roof tractors . The first high roof category , Bin I, is designed to represent tractor bodies which prioritize appearance or special duty capabilities over aerodynamics. The se Bin I trucks incorporate few, if an y, aerod ynamic features and may have several features which detract from aerodynamics, such as bug deflectors, custom sun shades, B - pillar exhaust
73 See 2010 NAS Report, Note **21** , Finding 2 - 4 on page 39.***** E.O. 12866 Review**
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96 of 971 stacks, and others. The second high roof aerodyn amics category is Bin II which roughl y represents the aerod ynam ic performance of the average new tractor sold today . The agencies developed this bin to incorporate c onventional tractors which capitalize on a generall y aerod yn amic shape and avoid classic features which increase drag. High roof tractors within Bin III build on the basic aerodyn amics of Bin II tractors with added components to reduce drag in the most si gnificant areas on the tractor, such as integral roof fairings, side extending gap reducers, fuel tank fairings, and streamlined grill/hood/mirrors/bumpers , similar to SmartWay trucks today . The Bin IV aerod ynamic category for high roof tractors builds up on the Bin III tractor body with additional aerod ynamic treatments such as underbody airflow treatment, down exhaust, and lowered ride height , among other technologies . And finally , Bin V tractors incorporate advanced technologies which are currentl y in the prototy pe stage of development, such as advanced gap reduction, rearview cameras to replace mirrors, wheel s ys tem streamlining, and advanced body designs. The agencies had proposed five aerodynamic bins for each tractor regulatory subcategory . The ag encies received comments from ATA, EMA/TMA, and Volvo indicating that this approach was not consistent with the aerodynamics of low and mid roof tractors. High roof tractors are consistently paired with box trailer designs, and therefore manufacturers can design the tractor aerody namics as a tractor - trailer unit and target specific areas like the gap between the tractor and trailer. In addition, the high roof tractors tend to spend more time at high speed operation which increases the impact of aerod ynami cs on fuel consumption and GHG emissions. On the other hand, low and mid roof tractors are designed to pull variable trailer loads and shapes. They may pull trailers such as flat bed, low bo y, tankers, or bulk carriers. The loads on flat bed trailers ca n range from rectangular cartons with tarps, to a single roll of steel, to a front loader. Due to these variables, manufacturers do not design unique low and mid roof tractor aerod ynamics but instead use derivatives from their high roof tractor designs. The aerod ynamic improvements to the bumper, hood, windshield, mirrors, and doors are developed for the high roof tractor application and then carried over into the low and mid roof applications. As mentioned above, the types of designs that would move high roof tractors from a Bin III to Bins IV and V include features such as gap reducers and integral roof fairings which would not be appropriate on low and mid roof tractors. The agencies considered and largel y agree with the se comments and are therefore f inalizing only two aerod ynamic bins for low and mid roof tractors. The agencies are reducing the number of bins to reflect the actual range of aerodynamic technologies effective in low and mid roof tractor applications. Thus, the agencies are differentiating the aerodynamic performance for low and mid roof applications into two bins

– conventional and aerod ynamic. 74 For high roof combination tractor compliance determination, a manufacturer would use the aerodynamic results determined through testing to est ablish the appropriate bin. The manufacturer would then input into GEM the Cd value specified for each bin as

74 As explained in Section IV, there are no ABT implications to this change from proposal, since all Class 8 combination tractors are considered to be a single averaging set for ABT purposes. Similarly, a ll Class 7 tractors are considered to be a single averaging set for ABT purposes.***** E.O. 12866 Review**
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97 of 971 defined in Table II - 7 and Table II - 8 . For example, if a manufacturer tests a Class 8 sleeper cab high roof tractor and the test produces a CdA value between 5.8 and 6.6 , the manufacturer would assign this tractor to the Class 8 Sleeper Cab High Roof Bin III. The manufacturer would then use the Cd value identified for Bin III of 0.60 as the input to GEM. The Cd values in Table II - 7 and Table II - 8 differ from proposal based on a change in the reference method (enhanced coastdown procedure) and additional testing conducted b y EPA. Details of the test program and results are included in RIA Chapter 2.5.1.4. **Table II**  **- 7**  **: Aerodynamic Input Definitions to GEM for High Roof Tractors**

Class 7 Class 8 Day Cab Day Cab Sleeper Cab High Roof High Roof High Roof Aerod ynamic Test Results (CdA in m 2 ) Bin I ≥ 8.0 ≥ 8.0 ≥ 7.6 Bin II 7.1 - 7.9 7.1 - 7.9 6.7 - 7.5 Bin III 6.2 - 7.0 6.2 - 7.0 5.8 - 6.6 Bin IV 5.6 - 6.1 5.6 - 6.1 5.2 - 5.7 Bin V ≤ 5.5 ≤ 5.5 ≤ 5.1 Aerod ynamic Input to GEM (Cd) Bin I 0.7 9 0.7 9 0.7 5 Bin II 0.7 2 0.7 2 0.6 8 Bin III 0.6 3 0.6 3 0. 60 Bin IV 0.5 6 0.5 6 0.5 2 Bin V 0.5 1 0.5 1 0.4 7 The CdA values in Table II - 8 are based on testing using the enhanced coastdown test procedures adopted for the final rulemaking, which includes aerodynamic assessment of the low and mid roof tractors without a trailer. The removal of the trailer signi ficantly reduces the CdA value of mid roof tractors with tanker trailers because of the poor aerod ynamic performance of the tanker trailer. The agencies developed the Cd input for each of the low and mid roof tractor bins to represent the Cd of the tracto r, its frontal area, and the impact of the Cd value due to the trailer such that the GEM value is representative of a tractor - trailer combination, as it is for the high roof tractors.***** E.O. 12866 Review**
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98 of 971 **Table II**  **- 8**  **: Aerodynamic Input Definitions to GEM for Low and Mid Roof Tractors**  Class 7 Class 8 Day Cab Day Cab Sleeper Cab Low Roof Mid Roof Low Roof Mid Roof Low Roof Mid Roof Aerod ynamic Test Results (CdA in m 2 ) Bin I ≥ 5.1 ≥ 5.6 ≥ 5.1 ≥ 5.6 ≥ 5.1 ≥ 5.6 Bin II ≤ 5.0 ≤ 5.5 ≤ 5.0 ≤ 5.5 ≤ 5.0 ≤ 5.5 Aerod ynamic Input to GEM (Cd) Bin I 0.77 0.87 0.77 0.87 0.77 0.87 Bin II 0.71 0.82 0.71 0.82 0.71 0.82 (d ) Tire Rolling Resistance Assessment NHTSA and EPA are finalizing as proposed that the tractor’s tire rolling resistance input to the GEM be determined by either the tire manufacturer or tractor manufacturer using the test method adopted by the International Organization for Standardization, I SO 28580:2009. 75 The agencies believe the ISO test procedure is appropriate for thi s program because the procedure is the same one used b y NHTSA in its fuel efficiency

tire labeling program 76 and is consistent with the testing direction being taken b y the tire industry both in the United States and Europe. The rolling resistance from thi s test would be used to specify the rolling resistance of each tire on the steer and drive axle of the tractor . The results would be expressed as a rolling resistance coefficient ( CRR) and measured as kilogram per metric ton (kg/metric ton). The agencies are finalizing as proposed that three tire samples within each tire model be tested three times each to account for some of the production variability and the average of the nine tests would be the rolling resistance coefficient for the tire. The GEM wil l use the steer and drive tire rolling resistance inputs and distribute 15 percent of the gross weight of the tractor and trailer to the steer axle, 42.5 percent to the drive axles, and 42.5 percent to the trailer axles. 77 The trailer tires’ rolling resist ance is prescribed by the agencies as part of the standardized trailer used for demonstrating compliance at 6 kg/metric ton, which was the average trailer tire rolling resistance measured during the SmartWay

tire testing. 78 EPA and NHTSA conducted additio nal evaluation testing on HD trucks tires used for tractors , and also for vocational vehicles. The agencies also received several 75 ISO, 2009, Passenger Car, Truck, and Bus Tyres

– Methods of Measuring Rolling Resistance

– Single Point Test and Correlation of Measurement Results: ISO 28580:2009(E), Fir st Edition, 2009 - 07 - 01 76 NHTSA, 2009. “NHTSA Tire Fuel Efficiency Consumer Information Program Development: Phase 1

– Evaluation of Laboratory Test Protocols.” DOT HS 811 119. June. (www.regulations.gov, Docket ID: NHTSA - 2008 - 0121 - 0019). 77 This distributio n is equivalent to the federal over - axle weight limits for an 80,000 GVWR 5 - axle tractor trailer: 12,000 pounds over the steer axle, 34,000 pounds over the tandem drive axles (17,000 pounds per axle) and 34,000 pounds over the tandem trailer axles (17,000 pounds per axle). 78 US E nvironmental Protection Agency. SmartWay Transport Partnership July 2010 e - update accessed July 16, 2010, from http://www.epa.gov/smartwaylogistics/newsroom/documents/e - update - july - 10.pdf***** E.O. 12866 Review**
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99 of 971 comment s on the suitability of low rolling resistance tires for various HD vehicle applications. The summary of the agencies ’ finding s and a response to issues raised b y commenters is presented in Section II.D(1)(a). (e) Weight Reduction Assessment T he agencies proposed that the tractor standards reflect improved CO 2 emissions and fuel consumption performance of a 400 pound weight reduction in Class 7 and 8 tractors through the substitution of single wide tires and light - weight wheels for dual tires and steel wheels. This approach was taken since there is a large variation in the baseline weight among trucks that perform roughl y similar functions with roughl y similar configurations . Because of this , the only effective way to quantify

the exact CO 2 and fuel consumption benefit of mass reduction using GEM is to estimate baseline weights for specific components that can be replaced with light weight components . I f the weight reduction is specified for light weight versions of specific components, then both the baseline and weight differentials for these are readily quantifiable and well - understood. Li ghtweight wheels are commercial ly available as are single wide tires and thus data on the weight reductions attributable to these two approaches are readily available. The agencies received comments on this approach from Volvo, ATA, MEMA, Navistar, American Chemistry Council, the Auto Policy Center, Iron and Steel Institute, Arvin Meritor, Aluminum Association, and environmental groups and NGOs. Volvo and ATA stated that not all fleets can use single wide tires and if this is the case the 400 pound weight reduction target cannot be met . Volvo stated that without the use of single wide drive tires, a 6x4 tractor will have a maximum weight reduction of 300 pounds if the customer selects all ten wheels to be outfitted with light weight aluminum wheels. A number of additional commenters

– including American Chemistry Council, The Auto Policy Center, Iron and Steel Institute, Aluminum Association, Arvin Meritor, MEMA, Navistar, Volvo, and environmental and nonprofit groups

– stated that manufacturers should be allowed to use additional light weight components in order to meet the tractor fuel consumption and CO 2 emissions standards. These groups stated that weight reductions should not be limited to wheels and tires. They asked that cab doors, cab sides and backs, cab underbodies, frame r ails, cross members, clutch housings, transmission cases, axle differential carrier cases, brake drums, and other components be allowed to be replaced with light - weight versions. Materials suggested for substitution included aluminum, light - weight aluminum, high strength steel, and plastic composites. The American Iron and Steel Institute stated there are opportunities to reduce mass by replacing mild steel

– which currently dominates the heavy - dut y industry

– with high strength steel. In addition, The American Auto Policy Center asked that manufacturers be allowed to use materials other than aluminum and high strength steel to comply with the regulations. DTNA asked that weight reduction due to engine downsizing be allowed to receive credit. Volvo requested that weight reductions due to changes in axle configuration be credited. They used the example of a customer selecting a 4 X 2 over a 6 X 4 axle tractor. In this case, they assert there would be a 1,000 pound weight savings from removing an axle.***** E.O. 12866 Review**
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100 of 971 As proposed, man y of the material substitutions could have been considered as innovative technologies for tractors and hence eligible for off cycle credits (so that the commenters overstated that these technologies were ‘disallowed’). Nonetheless in res ponse to the above summarized comments, the agencies evaluated whether additional materials and components could be used directly for compliance with the tractor weight reduction through the primary program (i.e. be available as direct inputs to the GEM) . The agencies reviewed comments and data received in response to the NPRM and additional studies cited by commenters. A summary of this review is provided in the following paragraphs. TIAX, in their report to the NAS, cited information from Alcoa identifying several mass reduction opportunities from material substitution in the tractor cab components which were similar to the ones identified by the Aluminum Association in their comments to this rulemaking. 79 TIAX included studies submitted by Alcoa showing the potential to reduce the weight of a tractor - trailer combination by 3,500 to 4,500 pounds. 80 Inaddition, The U.S. Department of Energy has several projects underway to improve the freight efficiency of Class 8 trucks which provide relevant data: 81 DOE reviewed prospective lightweighting alternative materials and found that aluminum has a potential to reduce mass by 40 to 60 percent, which is in line with the estimates of mass reductions of various components provided by Alcoa, and b y the Aluminum Assoc iation in their comments and as cited in the TIAX report. These combined studies, comments, and additional data provided information on specific components that could be replaced with aluminum components. With regard to high strength steel, the Iron and S teel Institute found that the use of high strength steel and redesign can reduce the weight of light - duty trucks by 25 percent. 82 Approximately 10 percent of this reduction results from material substitution and 15 percent from vehicle re - design. While th is study evaluated light - duty

trucks, the agencies believe that a similar reduction could be achieved in heav y - dut y trucks since the reductions from material substitution would likely be similar in heavy - trucks as in light trucks. U.S. DOE, in the report noted above, identified opportunities to reduce mass by 10 percent through high strength steel. 83 This study was also for light - dut y vehicles. The agencies considered other materials such as plastic composites and magnesium substitutes but were not able to obtain weights for specific components made from these materials. We have therefore not included components made from these materials as possible substitutes in the primary program, but they

may be considered 79 TIAX, LLC. “Assessment of Fuel Economy Technologies for Medium - and Heavy - Duty Vehicles,” Final Report to National Academy of Sciences, November 19, 2009. Pages 4 - 62 through 4 - 6 4. 80 Alcoa. “Improving Sustainability of Transport: Aluminum is Part of the Solution.” 2009 81 Schutte, Carol. U.S. Department of Energy, Vehicle Technologies Program. “Losing Weight

– an enabler for a Systems Level Technology Development, Integration, and Demonstration for Efficient Class 8 Trucks (SuperTruck) and Advanced Technology Pow ertrains for Light - Duty Vehicles” 82 American Iron and Steel Institute. “A Cost Benefit Analysis Report to the North American Steel Industry on Improved Materials and Pow ertrain Architectures for 21st Century Trucks.” 83 Schutte, Carol. U.S. Department of Energy, Vehicle Technologies Program. “Losing Weight

– an enabler for a Systems Level Technology Development, Integration, and Demonstration for Efficient Class 8 Tru cks (SuperTruck) and Advanced Technology Pow ertrains for Light - Duty Vehicles”***** E.O. 12866 Review**
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101 of 971 through the innovative technology /off - cycle c redits provision. We may consider including these materials as part of the primary compliance option in a subsequent regulation if data become available. Based on this analy sis, the agencies developed an expanded list of weight reduction opportunities f

or the final rulemaking that may be reflected in the GEM, as listed in Table II - 9 . The list includes additional components, but not materials, from those proposed. For high strength steel, the weight reduction value is equal to 10 p ercent of the presumed baseline component weight, as the agencies used a conservative value based on the DOE report. We recognize that there may be additional potential for weight reduction in new high strength steel components which combine the reduction due to the material substitution along with improvements in redesign, as evidenced b y the studies done for light - duty vehicles. Inthe development of the high strength steel component weights, we are onl y assuming a reduction from material substitution and no weight reduction from redesign, since we do not have an y data specific to redesign of heav y - dut y components nor do we have a regulatory mechanism to differentiate between material substitution and improved design. We are finalizing for wheels that both aluminum and light weight aluminum are eligible to be used as light - weight materials. Aluminum, but not light - weight aluminum, can be used as a light - weight material for other components. The reason for this is that data w ere available for light weight aluminum for wheels but were not available for other components. The agencies received comments on the proposal from the American Chemistry Council highlighting the role of plastics and composites in heavy - duty vehicle s. As they stated, composites can be low density while having high strength and are currentl y used in applications such as oil pans and buses. The DOE mass reduction program demonstrated for heav y vehicles proof of concept designs for h ybrid composite do ors with an overall mass savings of 40 percent; 30 percent mass reduction of a hood sy stem with carbon fiber sheet molding compound; 50 percent mass reduction from composite tie rods, trailing arms, and axles; and superplastically formed aluminum body

pane ls. 84 While the agencies recognize these opportunities, we do not believe the technologies have advanced far enough to quantify the benefits of these materials because they are very dependent on the actual composite material. The agencies may consider suc h lightweighting opportunities in future actions, but are not including them as part of this primary program. Manufacturers which opt to pursue composite and plastic material substitutions may seek credits through the innovative technology provisions. With regard to Volvo’s request that manufacturers be allowed to receive credit for trucks with fewer axles, the agencies recognize that vehicle options exist today which have less mass than other options. However, we believe the decisions to add or subtract s uch components will be made based on the intended use of the vehicle and not based on a crediting for the mass difference in our compliance program. It is not our intention to create a tradeoff between the right vehicle to serve a need (e.g. one with more or fewer

84 Schutte, Carol. U.S. Department of Energy, Vehicle Technologies Program. “Losing Weight

– an enabler for a Systems Level Technology Development, Integration, and Demonstrat ion for Efficient Class 8 Trucks (SuperTruck) and Advanced Technology Pow ertrains for Light - Duty Vehicles”***** E.O. 12866 Review**
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102 of 971 axles) and compliance with our final standards. Therefore, we are not including provisions to credit (or penalize) vehicle performance based on the subtraction (or addition) of specific vehicle components. Table II - 9 provides weight reduction values for different components and materials. **Table II**  **- 9**  **: Weight**  **Reduction Values** Weight Reduction Technology Weight Re duction ( lb per tire/wheel) Single Wide Drive Tire with .. . Steel Wheel 84

Aluminum Wheel 139 Li ght Weight Aluminum Wheel 147 Steer Tire or Dual Wide Drive Tire with ... High Strength Steel

Wheel 8 Aluminum Wheel 21 Li ght Weight Aluminum Wheel 30 Weight Reduction Technolog ies Aluminum Weight Reduction (lb.) High Strength Steel

Weight Reduction (lb.) Door 20 6 Roof 60 18 Cab rear wall 49 16 Cab floor 56 18 Hood Support Structure 15 3 Fairing Support Structure 35 6 Instrument Panel Support Structure 5 1 Brake Drums

– Drive (4) 140 11 Brake Drums

– Non Drive (2) 60 8 Frame Rails 440 87 Crossmember - Cab 15 5 Crossmember

– Suspension 25 6 Crossmember

– Non Suspension (3) 15 5 Fifth Wheel 100 25 Radiator Support 20 6 Fuel Tank Support Structure 40 12 Steps 35 6***** E.O. 12866 Review**
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103 of 971 Bumper 33 10 Shackles 10 3 Front Axle 60 15 Suspension Brackets, Hangers 100 30 Transmission Case 50 12 Clutch Housing 40 10 Drive Axle Hubs (8) 160 4 Non Drive Front Hubs (2) 40 5 Driveshaft 20 5 Transmission/Clutch Shift Levers 20 4 EPA and NHTSA are specifying the baseline vehicle weight for each regulatory vehicle subcategory

(including the tires, wheels, frame, and cab components) in the GEM in aggregate based on weight of vehicles used in EPA’s aerodyn amic test program, but allow manufacturers to specify the use of light - weight components. The GEM then quantifies the weight reductions based on the pre - determined weight of the baseline component minus the pre - determined weight of the component made from light - we ight material. Manufacturers cannot specify the weight of the light - weight component themselves, only

the material used in the substitute component. The agencies assume the baseline wheel and tire configuration contains dual tires with steel wheels, alon g with steel frame and cab components, because these represent the vast majority of new vehicle configurations today . The weight reduction due to replacement of components with light weight versions will be reflected partiall y in the payload tons and part iall y in reducing the overall weight of the vehicle run in the GEM. The specified payload in the GEM will be set to the prescribed payload plus one third of the weight reduction amount to recognize that approximately

one third of the truck miles are trave lled at maximum payload, as discussed below in the payload discussion. The other two thirds of the weight reduction will be subtracted from the overall vehicle weight prescribed in the GEM. The agencies continue to believe that the 400 pound weight target is appropriate to use as a basis for setting the final combination tractor CO 2 emissions and fuel consumption standards. The agencies agree with the commenter that 400 pounds of weight reduction without the use of single wide tires may not be achievable for all tractor configurations. As noted, the agencies have extended the list of weight reduction components in order to provide the manufacturers with additional means to comply with the combination tra ctors and to further encourage reductions in vehicle weight. The agencies considered increasing the target value beyond 400 pounds given the additional reduction potential identified in the expanded technology list; however, lacking information on the cap acity for the industry

to change to these lightweight components across the board b y the 2014 model year , we have decided to maintain the 400 pound target. The agencies intend to continue to study the potential for additional weight reductions in our future work considering a second phase of vehicle fuel efficiency and GHG regulations. Inthe context of the current rulemaking for HD fuel consumption and GHG standards, one would expect that reducing the weight of medium - dut y trucks similarly would, if an yth ing, have a positive impact on safet y. However, given the large***** E.O. 12866 Review**
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104 of 971 difference in weight between light - duty and medium - duty vehicles , and even larger difference between light - duty vehicles and heavy - duty

vehicles with loads, the agencies believe that the impa ct of weight reductions of medium - and heav y - dut y vehicles would not have a noticeable impact on safety for any of these classes of vehicles. 85 (f ) Extended Idle Reduction Technology Assessment Extended idling from Class 8 heav y - dut y long haul combination tra ctors contributes to significant CO 2 emissions and fuel consumption in the United States. The Federal Motor Carrier Safety Administration regulations require a certain amount of driver rest for a corresponding period of driving hours. 86 Extended idle occurs when Class 8 long haul drivers rest in the sleeper cab compartment during rest periods as drivers find it both convenient and less expensive to rest in the tractor cab itself than to pull off the road and find accommodations. 87 During this rest period a driver will idle the tractor engine in order to provide heating or cooling, or to run on - board appliances. In some cases the engine can idle in excess of 10 hours. During this period, the engine will consume approximately

0.8 gallons of fuel and emit ove r 8,000 grams of CO 2 per hour. An average tractor engine can consume 8 gallons of fuel and emit over 80,000 grams of CO 2 during overnight idling in such a case. Idling reduction technologies (IRT) are available to allow for driver comfort while reducing f

uel consumptions and CO 2 emissions. Auxiliary power units, fuel operated heaters, battery

supplied air conditioning, and thermal storage s ys tems are among the technologies available today . The agencies are adopting a provision for use of extended idle red

uction technology

as an input to the GEM for Class 8 sleeper cabs. As discussed further in Section III, if a manufacturer wishes to receive credit for using IRT to meet the standard, then an automatic main engine shutoff must be programmed and enabled, su ch that engine shutdown occurs after 5 minutes of idling, to help ensure the reductions are realized in - use. A discussion of the provisions the agencies are adopting for allowing an override of this automatic shutdown can be found in RIA Chapter 2. As with all of the technology inputs discussed in this section, the agencies are not mandating the use of idle reductions or idle shutdown, but rather allowing their use as one part of a suite of technologies feasible for reducing fuel consumption and meeting th e final standards and using these technologies as the inputs to the GEM. The default value (5 g CO 2 /ton - mile or 0.5 gal/1,000 ton - mile) for the use of automatic engine shutdown (AES) with idle reduction technologies was determined as the difference betwee n a baseline main engine with idle fuel consumption of 0.8 gallons per hour that idles 1,800 hours and travels 125,000 miles per year, and a diesel auxiliary power unit operating in lieu of main engine during those same idling hours. The agencies received various comments from ACEEE and MEMA regarding the assumptions used to derive the idle reduction value. ACEEE argued that the agencies should us e a fuel consumption rate of 0.47 gallon/hour for main engine idling based on a paper written b y Kahn. MEMA argued that the 85 For more information on the estimated safety effects of this rule, see Chapter 9 of the RIA. 86 Federal Motor Carrier Safety Administration. Hour s of Service Regulations. Last accessed on August 2, 2010 at http://www.fmcsa.dot.gov/rules - regulations/topics/hos/ 87 The agencies note that some sleeper cabs may be classified as vocational tractors and therefore are expected to primarily travel locally and would not benefit from an idle reduction technology.***** E.O. 12866 Review**
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105 of 971 agencies should use a main engine idling fuel consumption rate of 0.87 gal/hr , which is the midpoint of a DOE calculator r eporting fuel consumption rates from 0.64 to 1.15 gal/hr at idling conditions , and between 800 and 1200 rpm with the a ir conditioning on and off , respectivel y . The agencies respectfull y disagree with the 0.47 gal/hr recommendation because the same paper b y Kahn shows that while idling fuel consumption is 0.47 gal/hr on average at 600 rpm, CO 2 emissions increase by 25 per cent with A/C on at 600 rpm, and increase b y 165 percent between 600 rpm and 1 , 100 rpm with A/C on. 88 MEMA recommend ed using 2,500 hours per ye ar for APU operation . They cite d the SmartWay

website which uses 2,400 hours per y ear (8 hours per day and 300 d ay s per y ear). Also, they cite d an Argonne study

which assumed 7 hours per day and 303 day s per ye ar, which equals 2,121 hours per y ear. Lastl y, they refer red to the FMCSA 2010 driver guidelines which reduce the number of hours driven per day by one to two hours, which would lead to 2,650 to 2,900 hours per ye ar. The agencies reviewed other studies to quantify

idling operations, as discussed in greater detail in RIA Section 2.5.4.2 , and believe that the entiret y of the research does not support a change from the proposed calculation. Therefore, the agencies are finalizing the calculation as proposed. Additional details regarding the comments, calculations, and agency decisions are included in RIA Section 2.5.4.2. The agencies are adopting a provision to allow manufacturers to provide an AES sy stem which is active for only a portion of a vehicle’s life. In this case, a discounted idle reduction value would be entered into GEM. A discussion of the calculation of a discounted IRT credit can be found in Section III. Additional details on the emission and fuel consumption reduction values are included in RIA Section 2.5.4.2. (g ) Vehicle Speed Limiters The NPRM proposed to allow combination tractors that use vehicle speed limiters (VSL) to include the maximum governed speed value as an input to the GEM for purposes of determining compliance with the vehicle standards. The agencies also proposed not to assume the use of a mandatory vehicle speed limiter because of concerns about how to set a realistic application rate that avoids unintended consequences. See 75 FR at 74223. Governing the top speed of a vehicle can reduce fuel c onsumption and GHG emissions, because f uel consumption and CO 2 emissions increase proportional ly to the square of vehicle speed . 89 Li miting the speed of a vehicle reduces the fuel consumed, which in turn reduces the amount of CO 2 emitted . The specific input to the GEM would be the maximum go verned speed limit of the VSLthat is programmed into the powertrain control module (PCM). The agencies stressed in the NPRM that in order to obtain a benefit in the GEM, a manufacturer must preset the limiter in such a way that the setting will not be “ c apable of being easily overridden by the fleet or the owner .” If the top speed could be easil y overridden, the fuel consumption/CO 2 benefits of the VSLmight not be realized, and the agencies did not want to allow the technology to be used for

88 See Gaines, L., A. Vyas, J.Anderson. “Estimation of Fuel Used by Idling Commercial Trucks,” Page 9 (2006) 89 See 2010 NAS Report, Note **21** , Page 28. Road Load Force Equation defines the aerodynamic portion of the road load as 1⁄2 * Coefficient of Drag * Frontal Area * air density * vehicle speed squared.***** E.O. 12866 Review**
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106 of 971 compliance if the technology could be disabled easily

and the real world benefits not achieved. Both the Center for Biological Diversit y (CBD) and New York State Department of Transportation and Environmental Conservation commented that the application of speed limi ters should be used to set the tractor standards. 90 CBD urged the agencies to reconsider the position and adopt a speed limitation technology. NY State commented that the technologies are cost effective, reduce emissions, and appear to be generall y accept able to the trucking industry . They continued to say

that the vehicle speed limit could be set without compromising operational logistics. Many commenters (Cummins, Daimler, EMA/TMA, ATA, AAPC, NADA) supported the use of VSL s as an input to the GEM, but requested clarification of what the specific requirements would be to ensure the VSL setting would not be capable of being easily overridden. Cummins and Daimler re quested that the final rules explicitly allow vehicle manufacturers to access and adjust the VSL control feature for setting the maximum governed speed, arguing that the diverse needs of the commercial vehicle indus try warrant flexibility in electronic control features , and that otherwise supply chain issues 91 may

result from the use of VSLs. NADA and EMA/TMA also requested that VSL s have override features and be adjustable, citing various needs for flexibility by the fleets. EMA/TMA and ATA requested that VSLs be adjustable downward by fleets in order to obtain greater benefit in GEM, if compa ny policies change or if a subsequent vehicle owner needs a different VSL setting. EMA/TMA stated that the agencies should prohibit tampering with VSL s, and both EMA and TRALA requested more information on how the agencies intended to address tampering wi th VSLs. In addition to features governing the maximum vehicle speed, commenters requested adding other programmable flexibilities to mitigate potential drawbacks to VSL s. Cummins, DTNA , and EMA/TMA requested that a programmable “soft top” speed be added to PCMs which would allow a vehicle to exceed the speed limit setting governed b y a VSLfor a short period of time. A “soft top” feature could be used for a limited duration in order to maneuver and pass other on - road vehicles at speeds greater than that governed b y the VSL . The commenters argued this was important for vehicle passing and safet y - related situations where, without a soft top feature, it could be possible for speed limited trucks to obstruct other vehicles on the road and cause severe road co ngestion. ATA and EMA/TMA also requested that manufacturers be allowed to program a mileage based expiration into the VSL control feature , in order to preserve the value of vehicles for second owner s who may require operation at higher speeds. ATA further commented that manufacturers should be allowed to account for additional GEM input

90 One commenter mistakenly thought that the agencies were rejecting consideration of VSLs due to perceived jurisdictional obstacles. In fact, both the CAA and EISA allow consideration of VSL technology and the agencies considered the appropriateness of basing standards on performance of the te chnology. 91 Commenters stated that OEMs need access for setting appropriate trims for managing the VSL , otherwise significant supply chain issues could result such as parts shortages caused by the need for unique speed governed PCMs.***** E.O. 12866 Review**
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107 of 971 benefits if the speed governor is reprogrammed to a lower speed within the useful life of the vehicle. After carefully considering the comments, the agencies h ave decided, for th e s e final rule s , to retain most of the elements in the proposal. Manufacturers will be allowed to implement a fixed maximum governed vehicle speed through a VSL feature and to use the maximum governed vehicle speed as an input to the GE M for certification. Also consistent with the proposal, the agencies are not premising the final standards on the use of VSL s. The comments received from stakeholders did not address the agencies’ concerns discussed in the proposal, specifically the risk of requiring VSLin situations that are not appropriate from an efficiency perspective because it may lead to additional vehicle trips to deliver the same amount of freight. 92 The agencies continue to believe that we are not in a position to determine how many additional vehicles would benefit from the use of a VSL with a setting of less than 65 mph (a VSLwith a speed set at or above 65 mph will show no CO 2 emissions or fuel consumption benefit on the drive cycles included in this program). The agencies further believe that manufacturers will not utilize VSL s unless it is in their interest to do so, so that these unintended consequences should not occur when m anufacturers use VSL s as a compliance strategy . We will monitor the industry ’s use of VSL in thi s program and may consider using this technology

in standard setting in the future. The agencies have decided to adopt commenters’ suggestions to allow adjustable lower limits that can be set and governed b y VS Ls independent of the one governing the maxi mum certified speed limit to provide the desired flexibility requested by

the trucking industry . We believe that this flexibility would not decrease the anticipated fuel consumption or CO 2 benefits of VSL s because the adjustable limits would be lower valu es. Issues identified by the commenters including the abilit y to change delivery routes requiring lower governed speeds or when a fleet’s business practices change resulting in a desire for greater fuel consumption savings are not in conflict with the pur pose and benefit of VSL s. As such, the agencies have decided to allow a manufacturer to install features for its fleet customers to set their own lower adjustable limits below the maximum VSLspecified by the agencies. However, the agencies have decided to not allow an y additional benefit in the GEM to a manufacturer for allowing a lower governed speed in - use than the certified maximum limit for this first phase of the HD National Program because we can onl y be certain that the VSLwill be at the maximum setting. Both agencies also agree that manufacturers can provide a “soft top” and expiration features to be programmed into PCMs to provide additional flexibility for fleet owners and so that fleets who purchase used vehicles have the abilit y to have dif ferent VSLpolicies than the original owner of the vehicle. Although the agencies considered limiting the soft top maximum level due to safety and fuel consumption/GHG benefit concerns, we have decided to allow the soft top maximum level to be set to any level higher than the maximum speed governed by the VSL . This approach will provide drivers with the ability

to better navigate through traffic. However, the agencies are

92 See 75 FR at page 74223***** E.O. 12866 Review**
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108 of 971 requiring that manufacturers providing a soft top feature must design the s ystem so it cannot be modified b y the fleets and will not decrement the vehicle speed limit causing the vehicle to decelerate while the driver is operating a vehicle above the normal governed vehicle speed limit. For example, if a manufacturer designs a vehicle s peed limiter that has a normal governed speed limiter setting of 62 mph, and a “soft top” speed limiter value of 65 mph, the algorithm shall not cause the vehicle speed to decrement causing the vehicle to decelerate while the driver is operating the vehicl e at a speed greater that 62 mph (between 62 and 65 mph). The agencies are concerned that a forced deceleration when a driver is attempting to pass or maneuver could have an adverse impact on safet y. In using a soft top feature, a manufacturer will be r equired to provide to the agencies a functional description of the “soft top” control strategy including calibration values, the speed setting for both the hard limit and the soft top and the maximum time per day the control strategy

could allow the vehicl e to operate at the “soft top” speed limit at the time of certification. This information will be used to derive a factor to discount the VSLinput used in the GEM to determine the fuel consumption and GHG emissions performance of the vehicle. The agenci es also agree with comments that VSL s should be adjustable so as not to potentially limit a vehicle’s resale value. However, m anufacturers choosing th e option to override the VSL after a specified number of miles would be required to discount the benefit of the VSL relative to the tractor’s full lifetime miles. The VSLdiscount benefits for using soft - top and expiration features must be calculated using Equation II - 1 . 93 Additional details regarding the derivation of the discounted equation are included i n RIA Chapter 2 . The agencies are also requiring that any vehicle that has a “soft top” VSL to identify the use of the “soft top” VSL on the vehicle emissions label. **Equation II**  **- 1**  **: Dis counted Vehicle Speed Limiter Equation**  VSLinput for GEM = Expiration Factor * [Soft Top Factor* Soft Top VSL + (1 - Soft

Top Factor) * VSL ] + (1 - Expiration Factor)*65 mph The agencies will require that the VSL algorithm be designed to assure that over the u seful life of the vehicle that the vehicle will not operate in the soft top mode for more miles than would be expected based on the values used in Equation II - 1 , as specified b y the expiration factor and the soft top factor. In addit ion, any time the cumulative percentage of operation in the soft top mode (based on miles) exceeds the maximum ratio that could occur at the full lifetime mileage, or at the expiration mileage if used, the algorithm must not allow the vehicle to exceed the VSL value. In this case, the soft top feature remain disabled until the vehicle mileage reaches a point where the ratio no longer meets this condition . In response to the comments about how the agencies will evaluate tampering, NHTSA and EPA have added a number of requirements in these final rules relating to the VSLcontrol feature. VSL control features should be designed so they cannot be easily overridden. M anufacture r s must ensure that the governed speed limit programmed into
93 See §1037.640***** E.O. 12866 Review**
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109 of 971 the VSL must also be verifiable through on - board diagnostic scanning tools , and must provide a description of the coding to identify the governed maximum speed limit and the expiration mileage both at the time of the initial vehicle certification and in - use. The agencies beli eve both manufacturers and fleets should work toward maintaining the integrit y of VSLs, and the agencies may conduct new - vehicle and in - use random audits to verify that inputs into GEM are accurate. The agencies are aware that some fleets/owners make cha nges to vehicles, such as installing different diameter tires, changing the axle (final drive) ratio and transmission gearing, such that a vehicle could travel at speeds higher than the speed limited by its VSL . Vehicles subject to FMCSA requirements must be in compliance with 49 CFR § 393.82 . The requirements apply to s peedometer s and s tates as follows: Each bus, truck, and truck - tractor must be equipped with a speedometer indicating vehicle speed in miles per hour and/or kilometers per hour. The speedo meter must be accurate to within plus or minus 8 km/hr (5 mph) at a speed of 80 km/hr (50 mph). To facilitate adjustments for component changes affecting vehicle speed, manufacturers should provide a fleet/owner with the means to do so unless the adjustments would affect the VSLsetting or operation . DTNA and ATA additionally requested that the agencies ensure that an y VSL provisions adopted under the GHG emissions and fuel efficiency rule s align with existing NHTSA standards. T he agencies agree and not e that there are no existing standards for a VSLoutside of this current rulemaking activity . However, NHTSA has announced its intent to publish a proposal in 2012 for a VSL. 94 While both agencies have taken steps to avoid potential conflicts between the rulemaking being finalized today for fuel consumption and GHG emissions and the anticipated safet y rulemaking, different conclusions may

be reached in a safety - based rulemaking on VSLs, particularly in the approach to specifying soft top parameters and VSL expiration. (h ) Defined Vehicle Configurations in the GEM As discussed above, the agencies are adopting methodologies that manufacturers will use to quantify

the values input into the GEM for these factors affecting vehicle efficiency : Coefficient of Drag, Tire Rolling Resistance Coefficient, Weight Reduction, Vehicle Speed Limiter, and Extended I dle Reduction Technology . The other aspects of the vehicle configuration are fixed within the model and are not varied for the purpose of compliance. The defined inputs include the tractor - trailer combination curb weight, payload, engine characteristics, and drivetrain for each vehicle t ype, and others. (i ) Vehicle Drive Cycles The GEM simulation model uses various inputs to characterize a vehicle’s configuration (su ch as weight, aerody namics, and rolling resistance) and predicts how the

94 76 FR 78.***** E.O. 12866 Review**
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110 of 971 vehicle would behave on the road when it follows a driving cycle (vehicle speed versus time). As noted by

the 2010 NAS Report, 95 the choice of a drive cycle used in compliance testing has significant consequences on the technology that will be employed to achieve a standard as well as the ability of the technology

to achieve real world reductions in emissions and improvements in fuel consumption. Manufacturers naturally will design ve hicles to ensure they satisfy regulatory

standards. An ill - suited drive cycle for a regulatory

category could encourage GHG emissions and fuel consumption technologies which satisfy the test but do not achieve the same benefits in use. For example, requi ring all trucks to use a constant speed highway drive cycle will drive significant aerodyn amic improvements. However, in the real world a combination tractor used for local delivery

may spend little time on the highway , reducing the benefits achieved b y this technology . In addition, the extra weight of the aerody namic fairings will actually

penalize the GHG and fuel consumption performance in urban driving and may reduce the freight carrying capability . The unique nature of the kinds of CO 2 emissions control and fuel consumption technology means that the same technology can be of benefit during some operation but cause a reduced benefit under other operation. 96 To maximize the GHG emissions and fuel consumption benefits and avoid unintended reductions in b enefits, the drive cycle should focus on promoting technology that produces benefits during the primary operation modes of the application. Consequently , drive cycles used in GHG emissions and fuel consumption compliance testing should reasonabl y represent the primary actual use, notwithstanding that every vehicle has a different drive cycle in - use. The agencies proposed a modified version of the California ARB Heav y Heav y duty Truck 5 Mode C ycl e 97 , using the basis of three of the cycles which best mirror Class 7 and 8 combination tractor driving patterns, based on information from EPA’s MOVES model. 98 The key

advantage of the California ARB 5 mode cycle is that it provides the flexibility to use several different modes and weight the modes to fit specific vehicle application usage patterns. For the proposal, EPA anal yz ed the five cycles and found that some modifications to the cycles were required to allow sufficient flexibility in weightings. The agencies proposed the use of the Transient mode, as defin ed by California ARB, because it broadly covers urban driving. The agencies also proposed altered versions of the High Speed Cruise and Low Speed Cruise modes which reflected only constant speed cycles at 65 mph and 55 mph respectivel y. In the NPRM, the a gencies proposed to use three cycles which were the ARB transient cycle, a 55 mph steady state cruise, and a 65 mph steady state cruise. The agencies received comment from NACAA recommending an increase in the high speed cruise cycle speed from the proposed value of 65 mph to 75 mph because

95 See 2010 NAS Report, Note **21** , Chapters 4 and 8. 96 This situation does not typically occur for heavy - duty emission control technology designed to control criteria pollutants such as PM and NO X . 97 California Air Resources Board. Heavy Heavy - duty Diesel Truck chassis dynamometer schedule, Transient Mode. Last accessed on August 2, 2010 at http://www.dieselnet.com/standards/cycles/hhddt.html 98 EPA’s MOVES (Motor Vehicle Emission Simulator). See http://www.epa.gov/otaq/models/moves/index.htm for additional information.***** E.O. 12866 Review**
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111 of 971 trucks travel at higher speeds. The agencies anal yzed the urban and rural interstate truck speed limits in each state to determine the national average truck speed limit. State interstate speed limits for trucks vary between 55 and 75 mph, depending on the state. 99 Based on this information, the national median truck speed limit is 65 mph. The agencies also anal yz ed the national average truck speed limit weighted by VMT for each state based on VMT data b y state from the Federal Highway Administration as described in RIA Section 3.4.2. Based on this information, the national average VMT - weighted truck speed limit is 63 mph. The agencies continue to believe that the appropriate high speed cruise speed should be s et at the national average truck speed limit to appropriately balance the evaluation of technologies such as aerody namics, but not overstate the benefits of these technologies. Therefore, the agencies are adopting as proposed a speed of 65 mph for the high speed cruise cycle. The agencies also received comments from Allison which disagreed with proposed drive cycles for combination tractors because the cycles did not account for external factors such as grades, wind, traffic condition, etc. Allison also b elieves that the acceleration rates are too low. The agencies recognize that the proposed drive cycles do not incorporate the external factors described b y Allison. Parallel to the approach used to evaluate light - dut y vehicles, the drive cycles do not in corporate either grade or wind which can be difficult to simulate in chassis dy namometer cells. In the final rules, the agencies are defining an approach that manufacturers may take to evaluate their aerod ynamic packages in a wind - averaged condition and u se a modified Cd value in GEM. 100 T he agencies are also adopting provisions for the innovative technology demonstration that allows for the use of on - road testing which includes grades for technologies whose benefits are reflected with grade. Lastly , the a gencies’ final drive cycles for highway

operation contain a constant speed, as proposed. The acceleration and deceleration rates are only used to bring the vehicle to the cruising speed and the CO 2 emissions and fuel consumption from these portions of the drive cycle are not included in the composite emissions and fuel consumption results. The agencies did not include the speed dithering, which is representative of actual driving and traffic conditions, in the proposed constant speed portion of the cycles because the dithering does not provide any additional distinction between technologies but only added complexity

to the cycle. The agencies believe this approach is still appropriate for the final action. Allison referred the agencies to the Oak Ridge National L aboratory and SmartWay

program to review the amount of time long - haul vehicles spend on the highway . They

believe the steady state highway speeds are overestimated. Data provided b y Allison indicates that day cabs spend only 14 percent of miles traveling at speeds greater than 60 mph. NHTSA and EPA recognize that there is a variation in the amount of miles day

cabs travel under different operations. As described above, the agencies are adopting an approach where tractors which operate like vocat ional vehicles may be regulated as such in the HD program. Thus, these day cabs will have a drive

99 Governors Highway Safety Association. Speed Limit Laws May 2011. Last viewed on May 9, 2011 at http://www.ghsa.org/html/stateinfo/laws/speedli mi t_laws.html 100 See Section IV.B.3.b below .***** E.O. 12866 Review**
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112 of 971 cycle weighting representative of vocational vehicles with more weighting on the transient operation and less on the highway speed operation. For proposal, E PA and NHTSA relied on the EPA MOVES anal ys is of Federal Highway Administration data to develop the mode weightings to characterize ty pical operations of heav y - dut y trucks, per Table I I - 10 below. 101 A detailed discussion of drive cycles is included in RIA Chapter 3. 102 The agencies are adopting the proposed drive cycle weightings for combination tractors. **Table I**  **I -**  **10 : Drive**  **Cycle Mode Weightings** Transient 55 mph Cruise 65 mph Cruise Day Cabs 19% 17% 64% Sleeper Cabs 5% 9% 86% (ii) Standardized Trailers As proposed, NHTSA and EPA are adopting provisions so that the tractor performance in the GEM is judged assuming the tractor is pulling a standardized trailer. The agencies did not receive an y adverse comments related to this approach. The agencies believe that an assessment of the tractor fuel consumption and CO 2 emissions should be conducted using a tractor - trailer combinati on. We believe this approach best reflects the impact of the overall weight of the tractor - trailer and the aerodynamic technologies in actual use, where tractors are designed and used with a trailer. The GEM will continue to use a predefined t ypical trai ler in assessing overall performance. The high roof sleeper cabs are paired with a standard box trailer; the mid roof tractors are paired with a tanker trailer; and the low roof tractors are paired with a flat bed trailer. (iii) Empty Weight and Payload The t otal weight of the tractor - trailer combination is the sum of the tractor curb weight, the trailer curb weight, and the payload. The total weight of a vehicle is important because it in part determines the impact of technologies, such as rolling resistance , on GHG emissions and fuel consumption. In this final action, the agencies are specifying each of these aspects of the vehicle, as proposed. In use, trucks operate at different weights at different times during their operations. The greatest freight transport efficiency (the amount of fuel required to move 101 The Environmental Protection Agency. Draft MOVES2009 Highway Vehicle Population and Activity Data. EPA - 420 - P - 09 - 001, August 2009 http://www.epa.gov/otaq/models/moves/techdocs/420p09001.pdf 102 In the light - duty vehicle rule, EPA and NHTSA based compliance with tailpipe standards on use of the FTP and HFET, and declined to use alternative tests. See 75 FR 25407. NHTSA is mandated to use the FTP and HFET tests for CAFE standards, and all relevant data was obtain ed by FTP and HFET testing in any case. Id. Neither of these constraints exists for Class 7 - 8 tractors. The little data w hich exist on current performance are principally measured by the ARB Heavy Heavy - duty Truck 5 Mode Cycle testing, and NHTSA is not mandated to use the FTP to establish heavy - duty fuel economy standards. See 49 U.S.C. 32902(k)(2) authorizing NHTSA, among other things, to adopt and implement appropriate “test methods, measurement metrics, ... and compliance protocols”.***** E.O. 12866 Review**
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113 of 971 a ton of payload) would be achieved b y operating trucks at the maximum load for which they are designed all of the time. However, logistics such as delivery demands which require that trucks travel without full loads, the density of payload, and the availability of full loads of freight limit the ability of trucks to operate at their highest efficiency all the time. M.J. Bradley

anal yzed the Truck Inventory and Use Survey

and found that approximatel y 9 percent of combination tractor miles travelled empty, 61 percent are “cubed - out” (the trailer is full before the weight limit is reached), and 30 percent are “weighed out” (operating weight equal 80,000 pounds which is the gross vehicle weight limit on the Federal Interstate Highway S ys tem or greater than 80,000 pounds for vehicles traveling on roads outside of the interstate sy stem). 103 As described above, the amount of payload that a tractor can carry depends on the category (or GVWR and GCWR) of the vehicle. For example, a t ypical Class 7 tractor can carry less payload than a Class 8 tractor. For proposal, the agencies used the Federal Highway Administration Truck Payload Equivalent Factors using Vehicle Inventory and Use Survey

(VIUS) and Vehicle T ravel Information Sy stem data to determine the proposed payloads. FHWA’s results found that the average payload of a Class 8 vehicle ranged from 36,247 to 40,089 pounds, depending on the average distance travelled per day . 104 The same results found that Cl ass 7 vehicles carried between 18,674 and 34,210 pounds of payload also depending on average distance travelled per day . Based on this data, the agencies proposed to prescribe a fixed payload of 25,000 pounds for Class 7 tractors and 38,000 pounds for Clas s 8 tractors for their respective test procedures. The agencies proposed a common payload for Class 8 day cabs and sleeper cabs as predefined GEM input because the data available do not distinguish based on typ e of Class 8 tractor. These payload values represent a heavil y loaded trailer, but not maximum GVWR, since as described above the majority of tractors “ cube - out ” rather than “ weigh - out.” The agencies developed the proposed tractor curb weight inputs from actual tractor weights measured in two of EPA’s test programs and based on information from the manufacturers. The proposed trailer curb weight inputs were derived from actual trailer weight measurements conducted b y EPA and weight data provided to I CF International b y the trailer manufacturers. 105 The agencies received comments from UMTRIand ATA regarding the values assumed for the combination tractor weights. UMTRIrecommended using 80,000 pounds for the total weight for tractor - trailer combinations. ATA based on their anal ys is of the Federal Highway

Administration’s L ong Term Pavement Database, recommended 5,000 to 10,000 pound payload for Class 7 tractors and 25,000 to 30,000 pounds for Class

103 M.J. Bradley & A ssociates. Setting the Stage for Regulation of Heavy - Duty Vehicle Fuel Economy and GHG Emissions: Issues and Opportunities. February 2009. Page 35. Analysis based on 1992 Truck Inventory and Use Survey data, where the survey data allowed developing the distribution of loads instead of merely the average loads. 104 The U.S. Federal Highway Administration. Development of Truck Payload Equivalent Factor. Table 11. Last viewed on March 9, 2010 at http://ops.fhwa.dot.gov/freight/freight_analysis/faf/faf2_re ports/reports9/s510_11_12_tables.htm. 105 ICF International. Investigation of Costs for Strategies to Reduce Greenhouse Gas Emissions for Heavy - Duty On - road Vehicles. July 2010. Pages 4 - 15. Docket Number EPA - HQ - OAR - 2010 - 0162 - 0044.***** E.O. 12866 Review**
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114 of 971 8 tractors. ATA also determined from the same database that 20 percent of tractor miles are empt y, 67 percent cube - out, and 13 percent weigh - out. The agencies are adopting the proposed tractor - trailer weights because we do not have strong evidence to select other values and because chang ing the assumed values would not change the impact on GHG emission s or fuel consumption of the technologies included in this phase of the HD program (the relative stringency of the standards and the projected emission reductions do not change with assumed payload) . NHTSA and EPA intend to continue evaluat ing additional sources of weight information in future phases of the program. Details of the final individual weight inputs by regulatory

category , as shown in Table II - 11 , are incl uded in RIA Chapter 3. **Table II**  **- 11**  **: Final Combination Tractor Weights**  Model Type Regulatory

Subcategory Tractor Tare

Weight (lbs) Trailer

Weight (lbs) Payload (lbs) Total Weight (lbs) Class 8 Sleeper Cab

High Roof 19,000 13,500 38,000 70,500 Class 8 Sleeper Cab

Mid Roof 18,750 10,000 38,000 66,750 Class 8 Sleeper Cab

Low Roof 18,500 10,500 38,000 67,000 Class 8 Day Cab

High Roof 17,500 13,500 38,000 69,000 Class 8 Day Cab

Mid Roof 17,100 10,000 38,000 65,100 Class 8 Day Cab

Low Roof 17,000 10,500 38,000 65,500 Class 7 Day Cab

High Roof 11,500 13,500 25,000 50,000 Class 7 Day Cab

Mid Roof 11,100 10,000 25,000 46,100 Class 7 Day Cab

Low Roof 11,000 10,500 25,000 46,500 (iv) Standardized Drivetrain The agencies’ assessment at proposal of the current vehicle configuration process at the truck dealer’s level was that the truck companies provide tools to specify the proper drivetrain matched to the buyer’s specific circumstances. These dealer tools allow a significant amount of customization for drive cycle and payload to provide the best specification for each individual customer. The agencies are not seeking to disrupt this process. Optimal drivetrain selection is dependent on the engine, drive cycle ( including vehicle speed and road grade), and payload. Each combination of engine, drive cycle, and payload has a single optimal transmission and final drive ratio. The agencies received comments from ArvinMeritor and ICCT which suggested that the agencies incorporate the actual drivetrain configuration (axle configuration, driveline efficiency , and transmission) into the GEM. The agencies continue to believe, and therefore are adopting as proposed, that it is appropriate to specify the engine’s fuel consumption map,***** E.O. 12866 Review**
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115 of 971 drive cycle, and payload; therefore, it makes sense to also specify the drivetrain that matches. (v) Engine Input to the GEM for Tractors As proposed, the agencies are defining the engine characteristics used in the GEM, including the fuel consumption map which provides the fuel consumption at hundreds of engine speed and torque points. If the agencies did not standardize the fuel map, then a tractor that uses an engine with emissions and fuel consumption better than the standards would require fewer vehicle reductions than those technically feasible reductions reflected in the final standards. The agencies are finalizing two distinct fuel consumption maps for use in the GEM. The first fuel consumption map would be used in the GEM for the 2014 through 2016 model ye ars and represents an average engine which meets EPA’s final 2014 model y ear engine CO 2 emissions standards. The same fuel map would be used for NHTSA’s voluntary standards in the 2014 and 2015 model years , as well as its mandatory

program in the 2016 model year. A second fuel consumption map will be used beginning in the 2017 model y ear and represents an engine which meets the 2017 model year CO 2 emissions and fuel consumption standards and accounts for the increased stringency

in the final MY 2017 standard. The agencies have modified the 2017 MY fuel map used in the GEM for the final rulemaking to address comments received. Details regarding this change can be found in RIA Chapter 4.4.4. Effectivel y th ere is no change in stringency of the tractor vehicle (not including the engine standards over the full rulemaking period) . 106 These inputs are appropriate given the separate regulatory

requirement that Class 7 and 8 combination tractor manufacturers use on ly certified engines. (i ) Heavy -Duty Engine Test Procedure for Engines Installed in Combination Tractors The HD engine test procedure consists of two primary aspects

– a duty

cy cle and a metric to evaluate the emissions and fuel consumption. EPA proposed that the GHG emission standards for heav y - dut y engines under the CAA would be expressed as g/bhp - hr while NHTSA’s proposed fuel consumption standards under EI SA, in turn, be represented as gal/100 bhp - hr. The NAS panel did not specificall y discuss or recommend a metric to evaluate the fuel consumption of heavy duty engines. However, as noted above they did recommend the use of a load - specific fuel consumption metric for the evaluation of vehicles. 107 An analogous metric for engines is the amount of fuel consume d per unit of work. The g/bhp - hr metric is also consistent with EPA’s current standards for non - GHG emissions for these engines. The agencies did not receive any adverse comments related to the metrics for HD engines; therefore, we are adopting the metri cs as proposed. The agencies believe it is appropriate to set standards based on a single test procedure, either the Heavy - dut y FTP or SET, depending on the primary expected use of

106 As noted earlier, use of the 2017 model year fuel consumption map as a GEM input results in numerically more stringent final vehicle standards for MY 2017. 107 See NAS Report, Note **21** , at page 39.***** E.O. 12866 Review**
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116 of 971 the engine. This approach differs from EPA’s criteria pollutant standards for engines which currently

require that manufacturers demonstrate compliance over the transient FTP cycle; over the steady - state SET procedure; and during not - to - exceed testing. EPA created this multi - layered approach to criteria emissions control in res ponse to engine designs that optimized operation for lowest fuel consumption at the expense of very high criteria emissions when operated off the regulatory cycle. EPA’s use of multiple test procedures for criteria pollutants helps to ensure that manufact urers calibrate engine sy stems for compliance under all operating conditions. We are not concerned if manufacturers further calibrate engines off - cycle to give better in - use fuel consumption while maintaining compliance with the criteria emissions standards as such calibration is entirely consistent with the goals of our joint program. Further, we believe that setting GHG and fuel consumption standards based on both transient and steady - state operating conditions for all engines could lead to undesirable outcomes. It is critical to set standards based on the most representative test cycles in order for performance in - use to obtain the intended (and feasible) air qualit y and fuel consumption benefits. Tractors spend the majority of their operation at ste ady state conditions, and will obtain in - use benefit of technologies such as turbocompounding and other waste heat recovery technologies during this kind of ty pical engine operation. Turbocompounding is a very effective approach to lower fuel consumption under steady driving conditions ty

pified by combination tractor trailer operation and is well reflected in testing over the SET test procedure. However, when used in driving ty pified by transient operation as we expect for vocational vehicles and as is represented by the Heav y - dut y FTP, turbocompounding shows very little benefit. Setting an emission standard based on the Heavy - duty FTP for engines intended for use in combination tractor trailers could lead manufacturers to not apply turbocompounding even though it can be a highl y cost effective means to reduce GHG emissions and lower fuel consumption. (It is for this reason that turbocompounding is not part of the technology basis for MHD or HHD engines installed in vocational vehicles.) The agencies prop osed that engines installed in tractors demonstrate compliance with the CO 2 emissions and fuel consumption standards over the SET cycle. Commenters such as Cummins, Bosch, Daimler, and Honey well supported the proposed approach. ACEEE recommended adopting a new test cycle, such as the World Harmonized Duty

C ycl e which was developed using newer data, to evaluate HD engines. Daimler also supported the WHDC for future phases of the program. The agencies continue to believe the important issues and technical work related to setting new criteria pollutant emissions standards appropriate for the World Harmonized Duty Cycle are significant and beyond the scope of this rulemaking. The SET cycle remains representative of t ypical driving cycles for combination tra ctors (and engines installed in them). Therefore, the agencies are adopting the SET cycle to evaluate CO 2 emissions and fuel consumption of HD engines installed in tractors, as proposed. The current non - GHG emissions engine test procedures also require th e development of regeneration emission rates and frequency factors to account for the emission changes during a regeneration event (40 CFR 86.004 - 28). EPA and NHTSA proposed not to include these emissions from the calculation of the compliance levels***** E.O. 12866 Review**
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117 of 971 over the defined test procedures. Cummins and Daimler supported this approach and stated th at sufficient incentives alread y exist for manufacturers to limit regeneration frequency . Conversely , Volvo opposed the omission of IRAF requirements for CO 2 emissions because emissions from regeneration can be a significant portion of the expected improvement and a significant variable between manufacturers At proposal, we considered including regeneration in the estimate of fuel consumption and GHG emissions and decide d not to do so for two reasons. See 75 FR at 74188. First, EPA’s existing criteria emission regulations already provide a strong motivation to engine manufacturers to reduce the frequency and duration of infrequent regeneration events. The very stringent 2010 NO X emission standards cannot be met by engine designs that lead to frequent and extend regeneration events. Hence, we believe engine manufacturers are already reducing regeneration emissions to the greatest degree possible. In addition to believi ng that regenerations are already controlled to the extent technologicall y possible, we believe that attempting to include regeneration emissions in the standard setting could lead to an inadvertently lax emissions standard. In order to include regenerati on and set appropriate standards, EPA and NHTSA would have needed to project the regeneration frequency and duration of future engine designs in the time frame of this program. Such a projection would be inherentl y difficult to make and quite likely would underestimate the progress engine manufacturers will make in reducing infrequent regenerations. If we underestimated that progress, we would effectivel y be setting a more lax set of standards than otherwise would be expected. Hence in setting a standard including regeneration emissions we faced the real possibility that we would achieve less effective CO 2 emissions control and fuel consumption reductions than we will achieve b y not including regeneration emissions. Therefore, the agencies are finalizing an approach as proposed which does not include the regenerative emissions. (j ) Chassis - based Test Procedure In the proposal, the agencies considered proposing a chassis - based vehicle test to evaluate Class 7 and 8 tractors based on a laboratory test of the engine and vehicle together. A “ chassis d yn amometer test ” for heavy - duty vehicles would be similar to the Federal Test Procedure used today for light - dut y vehicles. However, the agencies decided not to propose the use of a chassis test procedure to demo nstrate compliance for tractor standards due to the significant technical hurdles to implementing such a program by the 2014 model year. The agencies recognize that such testing requires expensive, specialized equipment that is not yet widespread within the industry . The agencies have onl y identified approximately 11 heavy - dut y chassis sites in the United States today

and rapid installation of new facilities to comply with model year 2014 is not possible. 108 In addition, and of equal if not greater import ance, because of the enormous numbers of vehicle configurations that have an impact on fuel consumption, we do not

108 For comparison, engine manufacturers typically own a large number of engine dynamometer test cells for engine development and durability (up to 100 engine dynamometers per manufacturer).***** E.O. 12866 Review**
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118 of 971 believe that it would be reasonable to require testing of man y combinations of tractor model configurations on a chassis dynamometer. The a gencies evaluated the options available for one tractor model (provided as confidential business information from a truck manufacturer) and found that the compan y offered three cab configurations, six axle configurations, five front axles, 12 rear axles, 1 9 axle ratios, eight engines, 17 transmissions, and six tire sizes

– where each of these options could impact the fuel consumption and CO 2 emissions of the tractor. Even using representative grouping of tractors for purposes of certification, this present s the potential for many different combinations that would need to be tested if a standard were adopted based on a chassis test procedure. The agencies received comments from ACEEE and UCS supporting a full vehicle testing approach, but these commenters recognized the difficulties in doing this in the first phase of the HD program. The agencies maintain that the full vehicle testing on chassis dy

namometers is not feasible in the time frame of this rulemaking, although we believe such an approach may be ap propriate in the future, if more testing facilities become available and if the agencies are able to address the complexity of tractor configurations issue described above. **(4) Summary of**  **F lexibility and**  **C redit**  **P rovisions**  **for Tractors and Engine Used in These Tractors**  EPA and NHTSA are finalizing four flexibility provisions specifically

for heavy duty tractor and engine manufacturers, as discussed in Section IV below. These are an averaging, banking and trading program fo r emissions and fuel consumption credits, as well as provisions for early credits, advanced technology credits, and credits for innovative vehicle or engine technologies which are not included as inputs to the GEM or are not demonstrated on the engine SET test cycle. With the exception of the advanced technology

credits, credits generated under these provisions can only be used within the same averaging set which generated the credit (for example, credits generated by HD engines installed in tractors can o nl y be used b y HD engines). EPA is also adopting a N 2 O emission credit program, as described in Section IV below. **(5) Deferral**  **of Standards for Tractor and Engine M**  **anufacturing C**  **ompanies T**  **hat A**  **re S**  **mall B**  **usinesses** EPA and NHTSA are not adopting greenhouse gas emissions and fuel consumption standards for small tractor or engine manufacturers meeting the Small Business Administration (SBA) size criteria of a small business as described in 13 CFR 121.201. 109 The agencies will instead consider appropriate GHG and f uel consumption standards for these entities as part of a future regulatory action. This includes both U.S. - based and foreign small volume heav y - dut y tractor and engine manufacturers. The agencies have identified two entities that fit the SBA size criterio n of a small business. 110 The agencies estimate that these small entities comprise less than 0.5 percent 109 See § 1036.150 and § 1037.150 110 The agencies have identified Ottawa Truck, Inc. and Kalmar Industries USA as two potential small tractor manufacturers.***** E.O. 12866 Review**
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119 of 971 of the total heav y - dut y combination tractors in the United States based on Polk Registration Data from 2003 through 2007, 111 and therefore that the exempti on will have a negligible impact on the GHG emissions and fuel consumption improvements from the final standards. To ensure that the agencies are aware of which companies would be exempt, we are requiring that such entities submit a declaration to EPA an d NHTSA containing a detailed written description of how that manufacturer qualifies as a small entity under the provisions of 13 CFR 121.201. 

### C. **Heavy -**  **Duty Pickup Trucks and Vans**  The primary

elements of the EPA and NHTSA programs for complete HD pickups and vans are presented in this section. These provisions also cover optional chassis certification of incomplete HD vehicles and of Class 4 and 5 vehicles, as discussed in detail in Section V.B(1)(e). Section II.C(1) explains the form of the CO 2 and fuel co nsumption standards, the numerical levels for those standards, and the approach to phasing in the standards over time. The measurement procedure for determining compliance is discussed in Section II.C(2), and the EPA and NHTSA compliance programs are di scussed in Section II.C(3). Section II.C(4) discusses implementation flexibility provisions. Section II.E discusses additional standards and provisions for N 2 O and CH 4 emissions , for vehicle air conditioning leakage, and for ethanol - fueled and electric v ehicles. HD pickup and van air conditioning efficiency is not being regulated, for reasons discussed in Section II.E. **(1) What**  **A re the**  **Levels and T iming of**  **HD Pickup and Van S tandards**  **?** (a ) Vehicle -Based Standards About 90 percent of Class 2b and 3 vehicles are pickup trucks, passenger vans, and work vans that are sold by the original equipment manufacturers as complete vehicles, ready for use on the road. In addition, most of these complete HD pickups and vans are covered b y CAA vehicle emissions standards for criteria pollutants today (i.e., they are chassis tested similar to light - duty), expressed in grams per mile. This distinguishes this category from other, larger heavy - dut y vehicles that t ypically have onl y the engines covered b y C AA engine emission stand ards, expressed in grams per brake horsepower - hour. As a result, Class 2b and 3 complete vehicles share much more in common with light - duty

trucks than with other heavy - duty vehicles. Three of these commonalities are especiall y significant: (1) over 95 pe rcent of the HD pickups and vans sold in the United States are produced b y Ford, General Motors, and Chry sler

– three companies with large light - duty vehicle and light - duty

truck sales in the United States, (2) these companies typicall y base their HD picku p and van designs on higher sales volume light - duty truck platforms and technologies, often incorporating new light - duty truck design features into HD pickups and vans at their next design cycle, and (3) at this time most complete HD pickups and vans are c ertified to vehicle - based rather 111 M.J. Bradley. Heavy - duty Vehicle Market Analysis. May 2009.***** E.O. 12866 Review**
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120 of 971 than engine - based EPA standards. There is also the potential for substantial GHG and fuel consumption reductions from vehicle design improvements beyond engine changes (such as through optimizing aerodynamics, weight, tire s, and accessories), and the manufacturer is generall y responsible for both engine and vehicle design. All of these factors together suggest that it is appropriate and reasonable to set standards for the vehicle as a whole, rather than to establish separate engine and vehicle GHG and fuel consumption standards, as is being done for the other heav y - dut y categories. This approach for complete vehicles is consistent with Recommendation 8 - 1 of the NAS Report, which encourages the regulation of “the final stag e vehicle manufacturers since they have the greatest control over the design of the vehicle and its major subsy stems that affect fuel consumption.” There was consensus in the public comments supporting this approach. (b ) Work -Based Attributes In setting heav y - dut y vehicle standards it is important to take into account the great diversit y of vehicle sizes, applications, and features. That diversity reflects the variet y of functions performed by heav y - duty vehicles, and this in turn can affect the kind of techn ology

that is available to control emissions and reduce fuel consumption, and its effectiveness. EPA has dealt with this diversity in the past by

making weight - based distinctions where necessary , for example in setting HD vehicle standards that are diffe rent for vehicles above and below 10,000 lb GVWR, and in defining different standards and useful life requirements for light - , medium - , and heav y - heavy - dut y engines. Where appropriate, distinctions based on fuel ty pe have also been made, though with an ov erall goal of remaining fuel - neutral. The joint EPA GHG and NHTSA fuel economy rules for light - dut y vehicles accounted for vehicle diversity in that segment by

basing standards on vehicle footprint (the wheelbase times the average track width). Passenger cars and light trucks with larger footprints are assigned numericall y higher target levels for GHGs and numericall y lower target levels for fuel econom y in acknowledgement of the differences in technology

as footprint gets larger, such that vehicles with larger footprints have an inherent tendency

to burn more fuel and emit more GHGs per mile of travel. Using a footprint - based attribute to assign targets also avoids interfering with the ability of the market to offer a variet y of products to maintain cons umer choice. In developing this rulemaking, the agencies emphasized creating a program structure that would achieve reductions in fuel consumption and GHGs based on how vehicles are used and on the work they perform in the real world, consistent with the NAS report recommendations to be mindful of HD vehicles’ unique purposes. Despite the HD pickup and van similarities to light - duty vehicles, we believe that the past practice in EPA’s heav y - duty program of using weight - based distinctions in dealing with the diversity

of HD pickup and van products is more appropriate than using vehicle footprint. Work - based measures such as payload and towing capability are key among the things that characterize differences in the design of vehicles, as well as difference s in how the vehicles will be used. Vehicles in this category have a wide range of payload and towing capacities. These work - based differences in design and in - use operation are the***** E.O. 12866 Review**
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121 of 971 key factors in evaluating technological improvements for reducing CO 2 emi ssions and fuel consumption. Payload has a particularl y important impact on the test results for HD pickup and van emissions and fuel consumption, because testing under existing EPA procedures for criteria pollutants is conducted with the vehicle loaded t o half of its payload capacit y (rather than to a flat 300 lb as in the light - dut y program), and the correlation between test weight and fuel use is strong. 112 Towing, on the other hand, does not directl y factor into test weight as nothing is towed during the test. Hence onl y the higher curb weight caused b y heavier truck components would play

a role in affecting measured test results. However towing capacity can be a significant factor to consider because HD pickup truck towing capacities can be quite large, with a correspondingly large effect on design. We note too that, from a purchaser perspective, payload and towing capability ty picall y pla y a greater role than phy sical dimensions in influencing purchaser decisions on which heav y - duty

vehicle to buy . For passenger vans, seating capacit y i s of course a major consideration, but this correlates closely with payload weight. Although heav y - dut y vehicles are traditionally classified by their GVWR, we do not believe that GVWR is the best weight - based attribute on which to base GHG and fuel consumption standards for this group of vehicles. GVWR is a function of not only payload capacit y but of vehicle curb weight as well; in fact, it is the simple sum of the two. Allowing more GHG emissions from vehicles with higher curb weight tends to penalize lightweighted vehicles with comparable payload capabilities by making them meet more stringent standards than they would have had to meet without the weight reduction. The same would be true for another common weight - based measure, the gross vehicle combination weight, which adds the maximum combined towing and payload weight to the curb weight. Similar concerns about using weight - based attributes that include vehicle curb weight were raised in the EPA/NHTSA p roposal for light - dut y GHG and fuel econom y standards: “footprint - based standards provide an incentive to use advanced lightweight materials and structures that would be discouraged by weight - based standards”, and “there is less risk of ‘gaming’ (artificia l manipulation of the attribute(s) to achieve a more favorable target) b y increasing footprint under footprint - based standards than by increasing vehicle mass under weight - based standards

—it is relativel y eas y for a manufacturer to add enough weight to a v ehicle to decrease its applicable fuel econom y target a significant amount, as compared to increasing vehicle footprint” (74 FR 49685, September 28, 2009). The agencies believe that using payload and towing capacities as the work - based attributes avoids the above - mentioned disincentive for the use of lightweighting technology by taking vehicle curb weight out of the standards determination.

112 Section II.C(2) discusses our decision that GHGs and fuel consumptio n for HD pickups and vans be measured using the same test conditions as in the existing EPA program for criteria pollutants.***** E.O. 12866 Review**
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122 of 971 After taking these considerations into account, EPA and NHTSA proposed to set standards for HD pickups and vans bas ed on the proposed “work factor” attribute that combines vehicle payload capacity and vehicle towing capacity , in pounds, with an additional fixed adjustment for four - wheel drive (4wd) vehicles. This adjustment accounts for the fact that 4wd, critical to enabling the many off - road heav y - duty

work applications, adds roughly 500 lb to the vehicle weight. There was consensus in the public comments supporting this attribute, and the agencies are adopting it as proposed. Target GHG and fuel consumption standards will be determined for each vehicle with a unique work factor (analogous to a target for each discrete vehicle footprint in the light duty vehicle rules). These targets will then be production weighted and summed to derive a manufacturer’s annual flee t average standard for its heavy - dut y pickups and vans. Widespread support for the proposed work factor - based approach to standards and fleet average approach to compliance was expressed in the comments we received. To ensure consistency

and help preclude gaming, we are finalizing the proposed provision that payload capacity be defined as GVWR minus curb weight, and towing capacity as GCWR minus GVWR. For purposes of determining the work factor, GCWR is defined according to the Society of Automotive Engin eers (SAE) Recommended Practice J2807 APR2008, GVWR is defined consistent with EPA’s criteria pollutants program, and curb weight is defined as in 40 CFR 86.1803 - 01. Based on analy sis of how CO 2 emissions and fuel consumption correlate to work factor, we believe that a straight line correlation is appropriate across the spectrum of possible HD pickups and vans, and that vehicle distinctions such as Class 2b versus Class 3 need not be made in setting standards levels for these vehicles. 113 This approach was supported b y commenters. We note that payload/towing - dependent gram per mile and gallon per 100 mile standards for HD pickups and vans parallel the gram per ton - mile and gallon per 1,000 ton - mile standards being finalized for Class 7 and 8 combination trac tors and for vocational vehicles. Both approaches account for the fact that more work is done, more fuel is burned, and more CO 2 is emitted in moving heavier loads than in moving lighter loads. Both of these load - based approaches avoid penalizing vehicle designers wishing to reduce GHG emissions and fuel consumption by reducing the weight of their trucks. However, the sizeable diversity in HD work truck and van applications, which go well beyond simpl y transporting freight, and the fact that the curb wei ghts of these vehicles are on the order of their payload capacities, suggest that setting simple gram/ton - mile and gallon/ton - mile standards for them is not appropriate. Even so, we believe that our setting of payload - based standards for HD pickups and vans is consistent with the NAS Report’s recommendation in favor of load - specific fuel consumption standards. Again, commenters agreed with this approach to setting HD pickup and van standards. These attribute - based CO 2 and fuel consumption standards are me ant to be relativel y consistent from a stringency perspective. Vehicles across the entire range of the HD pickup and van segment have their respective target values for CO 2 emissions and fuel consumption, and therefore all HD pickups and vans will be affe cted by the standard.

113 Memorandum from Anthony Neam and Jeff Cherry, U.S.EPA, to docket EPA - HQ - OAR - 2010 - 0162 , October 18, 2010.***** E.O. 12866 Review**
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123 of 971 With this attribute - based standards approach, EPA and NHTSA believe there should be no significant effect on the relative distribution of vehicles with differing capabilities in the fleet, which means that buyers should still be able to purchase the vehicle that meets their needs. (c) Standards The agencies are finalizing standards based on a technology anal ys is performed by EPA to determine the appropriate HD pickup and van standards. This analy sis, described in detail in RIA Chapter 2 , considered:
 the level of technology that is incorporated in current new HD pickups and vans,  the available data on corresponding CO 2 emissions and fuel consumption for these vehicles,  technologies that would reduce CO 2 emissions and fuel consumption an d that are judged to be feasible and appropriate for these vehicles through the 2018 model y ear,  the effectiveness and cost of these technologies for HD pickup and vans,  projections of future U.S. sales for HD pickup and vans, and  forecasts of manufacturers’ product redesign schedules. Based on this analy sis, EPA is finalizing the proposed CO 2 attribute - based target standards shown in Figure II - 2 and II - 3, and NHTSA is finalizing the equivalent attribute - based fuel consumption target standards, also shown in Figure II - 2 and II - 3, applicable in model year 2018 . Th ese figures also shows phase - in standards for model ye ars before 2018, and their derivation is explained below, along with alternative implementation schedules to ensure equivalency between the EPA and NHTSA programs while meeting respective statutory obligations . Also , f

or reasons discussed below, the agencies proposed and are establishing separate targets for gasoline - fueled (and an y other Otto - cycle) vehicles and diesel - fueled (and any other Diesel - cycle) vehicles. The targets will be used to determine the p roduction - weighted fleet average standards that apply to the combined diesel and gasoline fleet of HD pickups and vans produced by a manufacturer in each model y ear.***** E.O. 12866 Review**
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124 of 971 **Figure II**  **- 2**  **: EPA CO**  **2 Target Standards and NHTSA Fuel Consumption Ta**  **rget Standard**  **s for Diesel**  **HD Pickups and Vans 114** 

114 The NHTSA program prov ides voluntary standards for model years 2014 and 2015. Target line functions for 2016 - 2018 are for the second NHTSA alternative described in Section II.C(d)(ii). 300 350 400 450 500 550 600 650 700 750 800

0 1000 2000 3000 400 0 500 0 6000 7000 80 00 9000 10000 **Wor k**  **Fa cto**  **r (p ou**  **nds) C** **O 2** **( g** **r a** **m s** **p e** **r m** **i l** **e )** 

2. 95 3. 95 4. 95 5. 95 6. 95**F u** **e l** **C o** **n s** **u m** **p t** **i o** **n (** **g a** **l l** **o n** **s p** **e r** **1 0** **0 m** **i l** **e s** **)** Di es el Veh ic le s

20 18 20 17 20 15 20 14

20 16

300 350 400 450 500 550 600 650 700 750 800

0 1000 2000 3000 400 0 500 0 6000 7000 80 00 9000 10000 **Wor k**  **Fa cto**  **r (p ou**  **nds) C** **O 2** **( g** **r a** **m s** **p e** **r m** **i l** **e )** 

2. 95 3. 95 4. 95 5. 95 6. 95**F u** **e l** **C o** **n s** **u m** **p t** **i o** **n (** **g a** **l l** **o n** **s p** **e r** **1 0** **0 m** **i l** **e s** **)** Di es el Veh ic le s

20 18 20 17 20 15 20 14

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125 of 971 **Figure II**  **- 3**  **: EPA CO 2**  **Target Standards and NHTSA Fuel Consumption Ta rget**  **Standard s**  **for Gasoline HD Pickups**  **and Vans 115**  Described mathematically , EPA’s and NHTSA’s target standards are defined by the following formulae: EPA CO **2** Target (g/mile) = [a x WF ] + b NHTSA Fuel Consumpti on Target (gallons/100 miles) = [c x WF] + d Where: WF = Work Factor = [0.75 x ( Payload Capacity + xwd)] + [0.25 x Towing Capacity] Payload Capacit y = GVWR (lb)

– Curb Weight (lb ) xwd = 500 lb if the vehicle is equip ped with 4wd, otherwise equals 0 lb Towing Capacit y = GCWR (lb)

– GVWR (lb ) Coefficients a, b, c, and d are taken from Table II - 12 or Table II - 13 .

115 The NHTSA program provides voluntary standards for model years 2014 and 2015. Target line functions for 2016 - 2018 are for the second NHTSA alternative described in Section II.C(d)(ii). 300 350 400 450 500 550 600 650 700 750 800

0 1000 2000 3000 4000 5000 60 00 7000 8000 9000 10000 **Work Fact**  **or (**  **pou nds)** **C O** **2 (** **g r** **a m** **s p** **e r** **m i** **l e** **)**

3.3 8 4.3 8 5.3 8 6.3 8 7.3 8 8.3 8**F u** **e l** **C o** **n s** **u m** **p t** **i o** **n (** **g a** **l l** **o n** **s p** **e r** **1 0** **0 m** **i l** **e s** **)** Gas ol in e Veh ic le s

201 8 20 17 201 5 20 14

20 16

300 350 400 450 500 550 600 650 700 750 800

0 1000 2000 3000 4000 5000 60 00 7000 8000 9000 10000 **Work Fact**  **or (**  **pou nds)** **C O** **2 (** **g r** **a m** **s p** **e r** **m i** **l e** **)**

3.3 8 4.3 8 5.3 8 6.3 8 7.3 8 8.3 8**F u** **e l** **C o** **n s** **u m** **p t** **i o** **n (** **g a** **l l** **o n** **s p** **e r** **1 0** **0 m** **i l** **e s** **)** Gas ol in e Veh ic le s

201 8 20 17 201 5 20 14

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126 of 971 **Table II**  **- 12**  **: Coef** 

**ficients for HD Pickup and Van Target Standards**  **116 Diesel Vehicles**  Model Year a b c d 2014 0.0478 368 0.000470 3.6 1 2015 0.0474 366 0.000466 3. 60 2016 0.0460 354 0.000452 3.48 2017 0.0445 343 0.000437 3.37 2018 and later 0.0416 320 0.00040 9 3.1 4 **Gasoline Vehicles** Model Year a b c d 2014 0.0482 371 0.000542 4.17 2015 0.0479 369 0.000539 4.15 2016 0.0469 362 0.000528 4.07 2017 0.0460 354 0.000518 3.98 2018 and later 0.0440 339 0.000495 3.81 **Table II**  **- 13**  **: Coef** 

**ficients for NHTSA’s First Alternative and EPA’s Alternative HD Pickup and Van**  **Target Standards Diesel Vehicles**  Model Year a b c d 2014 a 0.0478 368 0.000470 3.6 1 2015 a 0.0474 366 0.000466 3. 60 2016 - 2018 0.0440 339 0.000432 3.33 2019 and later 0.0416 320 0.00040 9 3.1 4 **Gasoline Vehicles** Model Year a b c d 2014 a 0.0482 371 0.000542 4.17 2015 a 0.0479 369 0.000539 4.15 2016 - 2018 0.0456 352 0.000513 3.96 2019 and later 0.0440 339 0.000495 3.81 Notes: a NHTSA standards will be voluntary in 2014 and 2015 These targets are based on a set of vehicle, engine, and transmission technologies assessed b y the agencies and determined to be feasible and appropriate for HD pickups and vans in the 2014 - 2018 time frame . See Section III. B for a detailed analy sis of the se

116 The NHTSA program provides voluntary standards for model years 2014 and 2015. Target line functions for 2016 - 2018 are for the second NHTSA alternative descri bed in Section II.C(d)(ii).***** E.O. 12866 Review**
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127 of 971 vehicle, engine and transmission technologies, including their feasibility , costs, and effectiveness in HD pickups and vans . To calculate a manufacturer’s HD pickup and van fleet average standard, the agencies are requiring that separate target curves b e used for gasoline and diesel vehicles. The agencies estimate that in 2018 the target curves will achieve 15 and 10 percent reductions in CO 2 and fuel consumption for diesel and gasoline vehicles, respectively, relative to a common baseline for current (m odel y ear 2010) HD pickup trucks and vans . An additional two percent reduction in GHGs will be achieved b y the direct air conditioning leakage standard in the EPA standards . These reductions are based on the agencies’ assessment of the feasibility of inc orporating technologies (which differ significantl y for gasoline and diesel powertrains) in the 2014 - 2018 model years, and on the differences in relative efficiency in the current gasoline and diesel vehicles. The resulting reductions represent roughl y equivalent stringency levels for gasoline and diesel vehicles, which is important in ensuring our program maintains product choices available to vehicle bu yers. In written comments on the proposal, Cummins objected to setting separate diesel and gasoline v ehicle standards, on the basis that it increases the burden for diesel engine manufacturers more than for gasoline engine manufacturers, and thereby could shift market share away

from diesels. EMA argued for fuel - neutrality based on historical precedent and the fact that GHGs emitted by one ty pe of engine are no different than those emitted by

another ty

pe of engine. We believe that both engine t ypes have roughl y equivalent redesign burdens as evidenced b y the feasibility and cost anal ys is in RIA Chapter 2. Also, even though the emissions and fuel consumption reductions are expressed from a common diesel/gasoline baseline in these final rules, the actual starting base for diesels is at a lower level than for gasoline vehicles. Other industry commenters, i ncluding those with sizeable diesel sales, expressed general support for the standards. The agencies agree that standards that do not distinguish between fuel ty pes are generall y preferable where technological or market - based reasons do not strongl y argue otherwise. These technological differences exist presently between gasoline and diesel engines for GHGs, as described above. The agencies emphasize, however, that they are not committed to perpetuating separate GHG standard s for gasoline and diesel heav y - dut y vehicles and engines, and expect to reexamine the need for separate gasoline/diesel standards in the next rulemaking. Environmental groups and others commented that the proposed standards were not stringent enough, citing the heav y - dut y vehicle NAS study finding that technologies such as h ybridization are feasible. However, in the ambitious time frame we are focusing on for these rules, targeting as it does technologies implementable in the HD pickup and van fleet starting in 2014 and phasing in with normal product redesign cycles through 2018, our assessment shows that the standards we are establishing are appropriate. More advanced technologies considered in the NAS report would be appropriate for consideration in future rulemaking activity . Addi tional conventional technologies identified by

commenters as promising in light - duty applications and potentially useful for HD applications are discussed in RIA Chapter 2.***** E.O. 12866 Review**
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128 of 971 The NHTSA fuel consumption target curves and the EPA GHG target curves are equivale nt. The agencies established the target curves using the direct relationship between fuel consumption and CO 2 using conversion factors of 8,887 g CO 2 /gallon for gasoline and 10,180 g CO 2 /gallon for diesel fuel. It is expected that measured performance values for CO 2 will generally be equivalent to fuel consumption. However, as explained below in Section II. E. (3) , EPA is finalizing a provision for manufacturers to use CO 2 credits to help demonstrate compliance with N 2 O and CH 4 emissions standards, by expressing an y N 2 O and CH 4 undercompliance in terms of their CO 2 - equivalent and appl yi ng the needed CO 2 credits. F or test families that do not use this compliance alternative, the measured performance values for CO 2 and fuel consumption will be equivalent because the same test runs and measurement data will be used to determine both values, and calculated fuel consump tion will be based on the same conversion factors that are used to establish the relationship between the CO 2 and fuel consumption target curves (8,887 g CO 2 /gallon for gasoline and 10,180 g CO 2 /gallon for diesel fuel). For manufacturers that choose to us e the EPA provision for CO 2 credit use in demonstrating N 2 O and CH 4 compliance, compliance with the CO 2 standard will not be directl y equivalent to compliance with the NHTSA fuel consumption standard. (d ) Implementation Plan (i ) EPA Program Phase - in MY 2014 - 2018 EPA is finalizing the proposed provision that the GHG standards be phased in graduall y over the 2014 - 2018 model years, with full implementation effective in the 2018 model year. Therefore, 100 percent of a manufacturer’s vehicle fleet will need to meet a fleet - average standard that will become increasingl y more stringent each year of the phase - in period. For both gasoline and diesel vehicles, this phase - in will be 15 - 20 - 40 - 60 - 100 percent of the model y ear 2018 stringency in model years 2014 - 2015 - 2016 - 201 7 - 2018, respectivel y. These percentages reflect stringency increases from a baseline performance level for model year 2010, determined by the agencies based on EPA and manufacturer data. Because these vehicles are not currentl y regulated for GHG emission s, this phase - in takes the form of target line functions for gasoline and diesel vehicles that become increasingl y stringent over the phase - in model years. These y ear by - ye ar functions have been derived in the same way as the 2018 function, by

taking a pe rcent reduction in CO 2 from a common unregulated baseline. For example, in 2014 the reduction for both diesel and gasoline vehicles will be 15% of the full y - phased - in reductions . Figures II - 2 and II - 3, and Table II - 12 , reflect this phase - in approach. EPA is also providing manufacturers with an optional alternative implementation schedule in model years 2016 through 2018, equivalent to NHTSA’s first alternative for standards that do not change over these model years, described below. Under this option the phase - in will be 15 - 20 - 67 - 67 - 67 - 100 percent of the model year 2019 stringency in model years 2014 - 2015 - 2016 - 2017 - 2018 - 2019, respectivel y. Table II - 13 , above, provides the coefficients “a” and “b” for this manufacturer’s alternative. As explained below, this alternative will provide roughl y equivalent overall CO 2 redu ctions and fuel consumption improvements as the 15 - 20 - 40 - 60 - 100 percent phase - in. In addition, as***** E.O. 12866 Review**
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129 of 971 explained below, the stringency of this alternative was established by NHTSA such that a manufacturer with a stable production volume and mix over the model year 2016 - 2018 period could use Averaging, Banking and Trading to comply with either alternative and have a similar credit balance at the end of model year 2018. Under the above - described alternatives, each manufacturer will need to demonstrate compliance with the applicable fleet average standard using that year’s target function over all of its HD pickups and vans starting with its MY 2014 fleet of HD pickups and vans . No comments were received in support of an alternative approach that EPA requested comment on, involving phasing in an annuall y increasing percentage of each manufacturer’s sales volume. (ii) NHTSA Program Phase - in 2016 and Later NHTSA is finalizing the proposed provision to allow manufacturers to select one of two fuel consumption standard alt ernatives for model years 2016 and later. Each manufacturer will select an alternative in its joint pre - model year report, discussed below, that is now required to be electronically submitted to the agencies; and, once selected, the alternative will appl y for model years 2016 and later, and cannot be reversed. The first alternative will define a fuel consumption target line function for gasoline vehicles and a target line function for diesel vehicles that will not change for model ye ars 2016 to 2018. The target line function coefficients are provided in Table II - 13 . The second alternative will be equivalent to the EPA target line functions in each model year starting in 2016 and continuing afterwards. Stringency of fuel consumption standards will increase gradually for the 201 6 and later model years . Relative to a model ye ar 2010 unregulated baseline f or both gasoline an d diesel vehicles, stringency will be 40 , 60 , and 100 percent of the 2018 target line function in model years 2016 , 2017 , and 2018, respectivel y. The stringency of the target line functions in the first alternative for model years 2016 - 2017 - 2018 - 2019 is 6 7 - 67 - 67 - 100 percent, respectively , of the 2019 stringency

in the second alternative. The stringency of the first alternative was established so that a manufacturer with a stable production volume and mix over the model year 2016 - 2018 period could use Aver aging, Banking and Trading to comply with either alternative and have a similar credit balance at the end of model ye ar 2018 under the EPA and NHTSA programs. (iii) NHTSA Voluntary Standards Period NHTSA is finalizing the proposed provision that manufacturers may voluntarily opt into the NHTSA HD pickup and van program in model y ears 2014 or 2015. If a manufacturer elects to opt into the program, it must stay in the program for all the optional model years . Manufacturers that opt in become subject to NHTSA stan dards for all regulatory

categories. To opt into the program, a manufacturer must declare its intent to opt in to the program in its Pre - Model Year Report. The agencies have finalized new requirements for manufacturers to provide all early model declarat ions as a part of the pre - model year reports. See regulatory text for 49 CFR 535.8 for information related to the Pre - Model Year Report. A manufacturer would begin tracking credits and debits***** E.O. 12866 Review**
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130 of 971 beginning in the model year in which they opt into the program . The handling of credits and debits would be the same as for the mandatory program. For manufacturers that opt into NHTSA’s HD pickup and van fuel consumption program in 2014 or 2015, the stringency would increase gradually each model year. Relative to a model year 2010 unregulated baseline, f or both gasoline and diesel vehicles, stringency would be 15 - 2 0 percent of the model y ear 2019 target line function stringency (under the NHTSA first alternative) and 15 - 20 percent of the model ye ar 2018 target line function stringency

(under the NHTSA second alternative) in model years 201 4 - 201 5, respectivel y. The correspond ing absolute standards targets levels are provided in Figure II - 2 and II - 3, and the accompanying equations. **(2) What**  **A re the**  **HD Pickup and Van T est**  **C ycles and**  **P rocedures**  **?** EPA and NHTSA are finalizing the proposed provision that HD pickup and van testing be conducted using the same heav y - dut y chassis test procedures currently used b y EPA for measuring criteria pollutant emissions from these vehicles, but with the addition of the highway

fuel economy

test cycle (HFET) currentl y required onl y for light - duty vehicle GHG emissions and fuel econom y testing. Although the highway cycle driving pattern is identical to that of the light - dut y test, other test parameters for running the HFET, such as test vehicle loaded weight, are identical to those used in running the current EPA Federal Test Procedure for complete heav y - dut y vehicles. The GHG and fuel consumption results from vehicle testing on the Li ght - duty FTP and the HFET will be weighted by 55 percent and 45 percent, respectively , and then averaged in calculating a combined cycle result. This result corresponds with the data used to develop the work factor - based CO 2 and fuel consumption standards, since the data on the baselin e and technology efficiency

was also developed in the context of these test procedures. The addition of the HFET and the 55/45 cycle weightings are the same as for the light - dut y CO 2 and CAFE programs, as we believe the real world driving patterns for HD pickups and vans are not too unlike those of light - dut y trucks, and we are not aware of data specifically on these patterns that would lead to a different choice of cycles and weightings, nor did any commenters provide such data. More importantly , we beli eve that the 55/45 weightings will provide for effective reductions of GHG emissions and fuel consumption from these vehicles, and that other weightings, even if they were to more precisely

match real world patterns, are not likely to significantl y improve the program results. Another important parameter in ensuring a robust test program is vehicle test weight. Current EPA testing for HD pickup and van criteria pollutants is conducted with the vehicle loaded to its Adjusted L oaded Vehicle Weight (ALVW), th at is, its curb weight plus 1⁄2 of the payload capacit y. This is substantially more challenging than loading to the light - duty

vehicle test condition of curb weight plus 300 pounds, but we believe that this loading for HD pickups and vans to 1⁄2 payload bette r fits their usage in the real world and will help ensure that technologies meeting the standards do in fact provide real world reductions. The choice is likewise consistent with use of an attribute based in considerable part on payload for the standard. We see no reason to set test load conditions differentl y for GHGs and fuel consumption than for criteria pollutants, and we***** E.O. 12866 Review**
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131 of 971 are not aware of an y new information (such as real world load patterns) since the ALVW was originally

set this way

that would suppo rt a change in test loading conditions, nor did any commenters provide such information. We are therefore using ALVW for test vehicle loading in GHG and fuel consumption testing. Additional provisions for our final testing and compliance program are provi ded in Section V.B. **(3) How**  **A re the**  **HD Pickup and Van Standards S**  **tructured?** EPA and NHTSA are finalizing the proposed fleet average standards for new HD pickups and vans , based on a manufacturer’s new vehicle fleet makeup. In addition, EPA is finalizing propo sed in - use standards that appl y t o the individual vehicles in this fleet over their useful lives. The compliance provisions for these fleet average and in - use standards for HD pickups and vans are largely based on the recentl y promulgated light duty GHG and fuel economy

program, as described in detail in the proposal. (a ) Fleet Average Standards In the programs we are finalizing, each manufacturer will have a GHG standard and a fuel consumption standard unique to its new HD pickup and van fleet in each model ye ar, depending on the load capacities of the vehicle models produced by that manufacturer, and on the U.S. - directed production volume of each of those models in that model year. Vehicle models with larger payload/towing capacities have individual target s at numerically

higher CO 2 and fuel consumption levels than lower payload/towing vehicles, as discussed in Section II.C(1). The fleet average standard for a manufacturer is a production - weighted average of the work factor - based targets assigned to unique vehicle configurations within each model t ype produced b y the manufacturer in a model ye ar. The fleet average standard with which the manufacturer must compl y is based on its final production figures for the model ye ar, and thus a final assessment of comp liance will occur after production for the model ye ar ends. Because compliance with the fleet average standards depends on actual test group production volumes, it is not possible to determine compliance at the time the manufacturer applies for and receiv es an EPA certificate of conformity

for a test group. Instead, at certification the manufacturer will demonstrate a level of performance for vehicles in the test group, and make a good faith demonstration that its fleet, regrouped b y unique vehicle configurations within each model ty pe, is expected to comply with its fleet average standard when the model year is over. EPA will issue a certificate for the vehicles covered b y the test group based on this demonstration, and will include a condition in the cer tificate that if the manufacturer does not comply

with the fleet average, then production vehicles from that test group will be treated as not covered b y the certificate to the extent needed to bring the manufacturer’s fleet average into compliance. As in the light - duty program, additional “model ty pe” testing will be conducted by the manufacturer over the course of the model y ear to supplement the initial test group data . T he emissions and fuel consumption level s of the test vehicles will be us ed to calc ulate the production - weighted fleet average s for the***** E.O. 12866 Review**
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132 of 971 manufacturer , after application of the appropriate deterioration factor to each result to obtain a full useful life value. See generally 75 FR 25470 - 25472. EPA and NHTSA do not currentl y anticipate notable deterioration of CO 2 emissions and fuel consumption performance, and are therefore requiring that an assigned deterioration factor be applied at the time of certification: an additive assigned deterioration factor of zero, or a multiplicative facto r of one will be used. EPA and NHTSA anticipate that the deterioration factor may be updated from time to time, as new data regarding emissions deterioration for CO 2 are obtained and analyzed. Additionally , EPA and NHTSA may

consider technology - specific deterioration factors, should data indicate that certain control technologies deteriorate differently than others. See also 75 FR 25474. (b ) In - Use Standards Section 202(a)(1) of the CAA specifies that EPA set emissions standards that are applicable for the u seful life of the vehicle. The in - use standards that EPA is finalizing apply to individual vehicles. NHTSA is not adopting in - use standards because they are not required under EISA, and because it is not currently anticipated that there will be any notab le deterioration of fuel consumption. For the EPA program, compliance with the in use standard for individual vehicles and vehicle models will not impact compliance with the fleet average standard, which will be based on the production - weighted average of the new vehicles. EPA is finalizing the proposed provision that the in - use standards for HD pickups and vans be established by adding an adjustment factor to the full useful life emissions and fuel consumption results used to calculate the fleet average. EPA is also finalizing the proposed provision that the useful life for these vehicles with respect to GHG emissions be set equal to their useful life for criteria pollutants: 11 years or 120,000 miles, whichever occurs first (40 CFR 86.1805 - 04(a)). As di scussed above, we are finalizing the proposed provision that certification test results obtained before and during the model ye ar be used directly to calculate the fleet average emissions for assessing compliance with the fleet average standard. Therefore, this assessment and the fleet average standard itself do not take into account test - to - test variability

and production variability that can affect measured in - use levels. For this reason, EPA is finalizing the proposed adjustment factor for the in - use st andard to provide some margin for production and test - to - test variability that could result in differences between the initial emission test results used to calculate the fleet average and emission results obtained during subsequent in - use testing. EPA is finalizing the proposed provision that each model’s in - use CO 2 standard be the model - specific level used in calculating the fleet average, plus 10 percent. This is the same as the approach taken for light - dut y vehicle GHG in - use standards ( See 75 FR 2547 3 - 25474). No adverse comments were received on this proposed provision. As it does now for heav y - duty vehicle criteria pollutants, EPA will use a variety of mechanisms to conduct assessments of compliance with the in - use standards, including***** E.O. 12866 Review**
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133 of 971 pre - productio n certification and in - use monitoring once vehicles enter customer service. The full useful life in - use standards appl y to vehicles that have entered customer service. The same standards apply to vehicles used in pre - production and production line testin g, except that deterioration factors are not applied. **(4) What**  **HD Pickup and Van F lexibility**  **Provisions A re**  **B eing**  **Established ?**  This program contains substantial flexibility in how manufacturers can choose to implement the EPA and NHTSA standards while preservi ng their timel y benefits for the environment and energy

securit y. Primary among these flexibilities are the gradual phase - in schedule, alternative compliance paths, and corporate fleet average approach which encompasses averaging, banking and trading desc ribed above. Additional flexibility provisions are described briefl y here and in more detail in Section IV. As explained in Section II.C(3), we are finalizing the proposed provision that, at the end of each model ye ar, when production for the model y ear is complete, a manufacturer calculate its production - weighted fleet average CO 2 and fuel consumption. Under this approach, a manufacturer’s HD pickup and van fleet that achieves a fleet average CO 2 or fuel consumption level better than its standard will b e allowed to generate credits. Conversel y, if the fleet average CO 2 or fuel consumption level does not meet its standard, the fleet would incur debits (also referred to as a shortfall). A manufacturer whose fleet generates credits in a given model ye ar wi ll have several options for using those credits to offset emissions from other HD pickups and vans. These options include credit carry - back, credit carry - forward, and credit trading. These provisions exist in the light - dut y 2012 - 2016 MY vehicle rule , and similar provisions are part of EPA’s Tier 2 program for light - dut y vehicle criteria pollutant emissions, as well as many other mobile source standards issued by EPA under the CAA. The manufacturer will be able to carry back credits to offset a deficit that had accrued in a prior model ye ar and was subsequentl y carried over to the current model year, with a limitation on the carry - back of credits to three model y ears, consistent with the light - dut y program. We are finalizing the proposed provision that, af ter satisfying any

need to offset pre - existing deficits, a manufacturer may bank remaining credits for use in future ye ars, with a limitation on the carry - forward of credits to five model years. We are also finalizing the proposed provision that manufacturers may certify their HD pickup and van fleet a ye ar earl y, in MY 2013, to generate credits against the MY 2014 standards. This averaging, banking, and trading program for HD pickups and vans is discussed in more detail in Section IV.A. For reasons disc ussed in detail in that section, we are not finalizing an y credit transferability to or from other credit programs or averaging sets. Consistent with the President’s May 21, 2010 directive to promote advanced technology

vehicles and with the agencies’ resp ective statutory authorities, we are adopting flexibility

provisions that parallel similar provisions adopted in the light - dut y program. These include credits for advance technology vehicles such as electric vehicles, and credits for innovative technologi es that are shown by the manufacturer to provide GHG and fuel consumption reductions in real world driving, but not on the test cycle. See Section IV.B.***** E.O. 12866 Review**
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134 of 971 

### D. **Class 2b -**  **8 Vocational Vehicle**  **s** Heav y - dut y vehicles serve a vast range of functions including service for urban delivery , refuse hauling, utility service, dump, concrete mixing, transit service, shuttle service, school bus, emergency , motor homes, 117 and tow trucks to name onl y a small subset of the full range of vehicles. The vehicles designed to serve th ese functions are as unique as the jobs they

do. They

are vastly

different

– one from the other

– in size, shape and function. The agencies were unable to develop a specific vehicle definition based on the characteristics of these vehicles. Instead at p roposal, we proposed to define that Class 2b - 8 vocational vehicles as all heav y - dut y vehicles which are not included in the Heav y duty Pickup Truck and Van or the Class 7 and 8 Tractor categories. In effect, we said every thing that is not a combination tr actor or a pickup truck or van is a vocational vehicle. We are finalizing that definition as proposed reflecting the same challenges we faced at proposal regarding defining the full range of heav y - dut y vehicles. As at proposal, recreational vehicles are included under EPA’s standards but are not included under NHTSA’s final standards. The agencies note that we are adding vocational tractors to the vocational vehicle category in the final rulemaking, as described above in Section II.B. The agencies propo sed that Class 4 pickup trucks although similar to Class 2b and 3 vehicles be included in the vocational vehicle category . Comments from EMA, Cummins, NTEA and Navistar supported the premise that Class 4 vehicles belong as part of the vocational vehicle p rogram because they are specifically

designed and engineered to meet vocational requirements. They stated that components such as transmissions, axles, frames, and tires differ from the similar pickup truck s and vans in the Class 2b and 3 market. We agre e with commenters’ arguments that there are a number of important differences between the Class 4 and Class 3 trucks it unreasonable to regulate Class 4 vehicles under the standards for heav y duty pickups and vans . As a result, we are keeping Class 4 vehi cles in the vocational vehicle category , but are allowing the optional chassis certification of Class 4 and 5 vehicles. (See Section V.B(1)(e)). As mentioned in Section I, vocational vehicles undergo a complex build process. Often an incomplete chassis is built by a chassis manufacturer with an engine purchased from an engine manufacturer and a transmission purchased from another manufacturer. A body manufacturer purchases an incomplete chassis which is then completed by attaching the appropriate featur es to the chassis. The diversity

in the vocational vehicle segment can be primaril y attributed to the variet y of vehicle bodies rather than to the chassis. For example, a body builder can build either a Class 6 bucket truck or a Class 6 delivery truck f rom the same Class 6 chassis. The aerod ynamic difference between these two vehicles due to their bodies will lead to different baseline fuel consumption and GHG emissions. However, the baseline fuel consumption and emissions due to the components include d in the common chassis (such as the engine, drivetrain, frame, and tires) will be the same between these two ty pes of complete vehicles.

117 See above for discussion of applicability of NHTSA’s standards to non - commercial vehicles.***** E.O. 12866 Review**
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135 of 971 The agencies face difficulties in establishing the baseline CO 2 and fuel consumption performance for the wide variety of complete vocational vehicles because of the very

large number of vehicle t ypes and the need to conduct testing on each of the vehicle t ypes to establish the baseline. To establish standards for a complete vocational vehicle, it would be necessary to a ssess the potential for fuel consumption and GHG emissions improvement for each of these vehicle ty pes and to establish standards for each vehicle t ype. Because of the size and complexity of this task, the agencies judged it was not practical to regulate complete vocational vehicles for this first fuel consumption and GHG emissions program. To overcome the lack of baseline information from the different vehicle t ypes and to still achieve improvements to fuel consumption and GHG emissions, the agencies prop osed to set standards for the chassis manufacturers of vocational vehicles (but not the body builders) and the engine manufacturers. Chassis manufacturers represent a limited number of companies as compared to body builders , which are made up of a diverse set of companies that are t ypically small businesses. These companies would need to be regulated if whole vehicle standards were established. Similar to combination tractors, the agencies proposed to set separate vehicle and engine standards for vocational vehicles. A number of comments were received on the proposal to regulate chassis and engine manufacturers . The agencies received comments from DTNA supporting the proposal to regulate the chassis manufacturer but not b ody manufacturers . While organizations like Cummins and I CCT expressed support for separate engine and vehicle standards ; Navistar, Pew, and Volvo , in contrast, opposed separate engine and chassis standards , stating that separate engine standards disadvantages integrated truck/engine manufacturers and full vehicle standards should be required. Volvo asked that the standards include an alternative integrated standard as well as complete vehicle modeling and testing beginning in 2017. ACEEE and Sierra Club stated that the proposed standards and test procedures should move the agencies closer to full vehicle testing. Although the agencies understand that full vehicle standards would allow integrated truck/engine manufacturers

– such as electrified accessories and weight reduction -- the agencies are finalizing separate standards for vocational vehicles that apply to chassis manufacturers and engine standards for engines installed in these vehicles that appl y to engine manufacturers. The agencies continue t o believe that it is not practical to regulate complete vocational vehicles for this first fuel consumption and GHG emissions program because of the size and complexity of the task associated with assessing the potential for fuel consumption and GHG emissi ons improvement for each of the my riad t ypes of vocational vehicles. This issue is discussed further in comment res ponses found in sections 5 and 6.1.4 of the Response to Comment Document, as well as in the following section of the preamble. Thus, the age ncies are finalizing a set of standards for the chassis manufacturers of vocational vehicles (but not the body builders) and for the manufacturers of HD engines used in vocational vehicles.***** E.O. 12866 Review**
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136 of 971 **(1) What A**  **re the Vocational Vehicle and Engine**  **CO 2**  **and Fuel Consumpt ion**  **S tandards and**  **T heir**  **T iming?**  In the NPRM, the agencies proposed vehicle standards based on the agencies’ assessment of the availability of low rolling resistance tires that could be applied generall y to vocational vehicles a cross the entire category . T he agencies considered the possibility

of including other technologies in determining the proposed stringency of the vocational vehicle standards, such as aerodynamic improvements, but as discussed in the NPRM, tentatively

concluded that such improvements would not be appropriate for basing vehicle standard stringency in this phase of the rulemaking. 118 For example, the aerod ynamics of a recovery vehicle are impacted significantl y b y the equipment such as the arm located on the exterior of the truck. 119 The a gencies found little opportunity to improve the aerodynamics of the equipment on the truck. The agencies also evaluated the aerodyn amic opportunities discussed in the NAS report. The panel found that there was minimal fuel consumption reduction opportuni ty through aerod ynamic technologies for bucket trucks, transit buses, and refuse trucks 120 primarily due to the low vehicle speed in normal operation. The panel did report that there are opportunities to reduce the fuel consumption of straight trucks b y app roximately 1 percent for trucks which operate at the average speed t ypi cal of a pickup and delivery truck (30 mph), although the opportunity

is greater for vehicles that operate at higher speeds. 121 The agencies received comments from the Motor Equipment M anufacturers Association, Eaton, NRDC, NESCAUM, NACAA, ACEEE, I CCT, Navistar, Arvin Meritor, the Union of Concerned Scientists and others that technologies such as idle reduction, advanced transmissions, advanced drivetrains, weight reduction, hy brid powertrains, and improved auxiliaries provide opportunities to reduce fuel consumption from vocational vehicles. Commenters asked that the agencies establish regulations that would reflect performance of these technologies and essentially force their utilizati on. The agencies assessed these technologies and have concluded that they may have the potential to reduce fuel consumption and GHG emissions from at least certain vocational vehicles, but the agencies have not been able to estimate baseline fuel consumption and GHG emissions levels for each type of vocational vehicle and for each ty pe of technology , given the wide variet y of models and uses of vocational vehicles. For example, idle reduction technologies such as APUs and cabin heaters can reduce workday idlin g associated with vocational vehicles. However, characterizing idling activity for the vocational segment in order to quantify the benefits of idle reduction technology

is complicated by

the variet y of dut y cycles found in the sector. I dling in school bu ses, fire trucks, pickup trucks, delivery trucks, and other t ypes of vocational vehicles varies significantly . Given the great variety of dut y c ycl es and operating conditions of vocational vehicles and the timing of these rules, it is not feasible at this time to establish an accurate baseline for quantifying the expected improvements which could result from use of idle reduction technologies. Similarly , for advanced drivetrains

118 See 75 FR at 74241 119 A recovery vehicle removes or recovers vehicles that are disabled (broken down). 120 See 2010 NAS Report, Note **21** , page 133. 121 See 2010 NAS Report, Note **21** , page 110.***** E.O. 12866 Review**
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137 of 971 and advanced transmissions determining a baseline configuration, or a set of baseline configurations, is extremely difficult given the variety of trucks in this segment. The agencies do not believe that we can legitimately base standard stringency on the use of technologies for which we cannot identify baseline configurations , bec ause absent baseline emissions and baseline fuel consumption, the emissions reductions achieved from introduction of the technology cannot be quantified. For some technologies, such as weight reduction and improved auxiliaries

– such as electrically drive n power steering pumps and the vehicle’s air conditioning s ys tem -- the need to limit technologies to those under the control of the chassis manufacturer further restricted the agencies’ options for predicating standard stringency on use of these technolog ies. For example, lightweight components that are under the control of chassis manufacturers are limited to a very few components such as frame rails. Considering the fuel efficiency and GHG emissions reduction benefits that will be achieved b y finalizin g these rules in the time frame proposed, rather than delaying in order to gain enough information to include additional technologies, the agencies have decided to finalize standards that do not assume the use of these technologies and will consider incorporating them in a later action applicable to later model years. Cf. Sierra Club v. EPA , 325 F. 3d 374, 380 (D.C. Cir. 2003) (in implementing a technology - forcing provision of the CAA, EPA reasonably adopted modest initial controls on an industry sector in order to better assess rules’ effects in preparation for follow - up rulemaking). As the program progresses and the agencies gather more information, we expect to reconsider whether vocational vehicle standards for MYs 2019 and beyond should be based on the use of additional technologies besides low rolling resistance tires. EPA is adopting CO 2 standards and NHTSA is finalizing fuel consumption standards for manufacturers of chassis for new vocational vehicles and for manufacturers of heav y - dut y engines installed in these vehicles. The f inal heavy - dut y engine standards for CO 2 emissions and fuel consumption focus on potential technological improvements in fuel combustion and overall engine efficiency and those controls would achieve most of the emission reductions. Further reductions from the Class 2b - 8 vocational vehicle itself are possible within the time frame of these final regulations. Therefore, the agencies are also finalizing separate standards for vocational vehicles that will focus on additional reductions that can be achieved through improvements in vehicle tires. The agencies ’ anal ys es, as discussed briefly below and in more detail later in this preamble and in the RIA Chapter 2 , show that these final standards a ppear appropriate under each agency ’s respective statutory authori tie s. Together these standards are estimated to achieve reductions of up to 10 percent from most vocational vehicles. EPA is also adopting standards to control N 2 O and CH 4 emissions from Class 2b 8 vocational vehicles through controlling these GHG emission s from the HD engines. The final heav y - dut y engine standards for both N 2 O and CH 4 and details of the standard are included in the discussion in Section II.E.1.b and II.E.2.b. EPA neither proposed nor is adopting air conditioning leakage standards applyin g to vocational vehicle chassis manufacturers.***** E.O. 12866 Review**
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138 of 971 As discussed further below, the agencies are setting CO 2 and fuel consumption standards for the chassis based on tire rolling resistance improvements and for the engines based on engine technologies. The fue l consumption and GHG emissions impact of tire rolling resistance is impacted by the mass of the vehicle. However, the impact of mass on rolling resistance is relativel y small so the agencies proposed to aggregate several vehicle weight categories under a single category for setting the standards. The agencies proposed to divide the vocational vehicle segment into three broad regulatory subcategories - Li ght Heavy - Dut y (Class 2b through 5), Medium Heav y - Duty (Class 6 and 7), and Heav y Heav y - Duty (Class 8) which is consistent with the nomenclature used in the diesel engine classification. The agencies received comments supporting the division of vocational vehicles into three regulatory categories from DTNA. The agencies also received comments from Bosch, Clean Air Task Force, and National Solid Waste Management Association supporting a finer resolution of vocational vehicle subcategories. Their concerns include that the agencies’ vehicle configuration in GEM is not representative of a particular vocationa l application, such as refuse trucks. Another recommendation was to divide the category by both GVWR and by

operational characteristics. Upon further consideration, the agencies are finalizing as proposed three vocational vehicle subcategories because we believe this adequatel y balances simplicity while still obtaining reductions in this diverse segment . (As noted in section IV.A below, these three subcategories also denominate separate averaging sets for purposes of ABT.) . Finer distinctions in regulat ory subcategories would not change the technology basis for the standards or the reductions expected from the vocational vehicle category . As the agencies move towards future heav y - duty fuel consumption and GHG regulations for post - 2017 model years, we intend to gather GHG and fuel consumption data for specific vocational applications which could be used to establish application - specific standards in the future. The agencies received comments supporting the exclusion of recreational vehicles, emergency

veh icles, school buses from the vocational vehicle standards. The commenters argued that these individual vehicle ty pes were small contributors to overall GHG emissions and that tires meeting their particular performance needs might not be available b y 2014. The agencies considered these comments and the agencies have met with a number of tire manufacturers to better understand their expectations for product availability

for the 2014 model y ear. Based on our review of the information shared, we are convince d that tires with rolling resistance consistent with our final vehicle standards and meeting the full range of other performance characteristics desired in the vehicle market , including for RVs, emergency vehicles, and school buses, will be broadly availab le b y the 2014 model year. 122 Absent regulations for the vast majorit y of vehicles in this segment, feasible cost - effective reductions available at reasonable cost in the 2014 - 2018 model years will be needlessl y foregone. Therefore, the agencies have decid ed to finalize the vocational vehicle standards as proposed with recreational vehicles, emergency

vehicles and school buses included in the vocational vehicle category . As RVs were not included by NHTSA for proposed regulation, they are not within the sco pe of the NPRM and are therefore excluded in NHTSA’s portion of the

122 Bachman, Joseph. Memorandum to the Docket. Heavy - Duty Tire Evaluation. . See Docket #EPA - HQ OAR - 2010 - 0162.Pages 2 - 3 and Appendix B.***** E.O. 12866 Review**
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139 of 971 final program. NHTSA will revisit this issue in the next rulemaking. In developing the final standards, the agencies have evaluated the current levels of emissions and fuel consumption, the kinds of technologies that could be utilized by manufacturers to reduce emissions and fuel consumption and the associated lead time, the associated costs for the industry , fuel savings for the consumer, and the magnitude of the CO 2 and fuel savings that may be achieved. After examining the possibility of vehicle improvements based on use of the technologies underlying the standards for Class 7 and 8 tractors, including improved aerod yn amics, vehicle speed limiters, idle reduction technologies, tire rolling resistance, and weight reduction, as well as use of hy brid technologies, the agencies ultimately

determined to base the final vehicl e standards on performance of tires with superior rolling resistance. For standards for diesel engines installed in vocational vehicles, the agencies examined performance of engine friction reduction, aftertreatment optimization, air handling improvements , combustion optimization, turbocompounding, and waste heat recovery , ultimately deciding to base the final standards on the performance of all of the technologies except turbocompounding and waste heat recovery sy stems. The standards for gasoline engine installed in vocational vehicles are based on performance of technologies such as gasoline direct injection, friction reduction, and variable valve timing. The agencies’ evaluation indicates that these technologies, as described in Section III. C, are avai lable today in the heavy - dut y tractor and light - duty vehicle markets, but have very low application rates in the vocational vehicle market. The agencies have anal yzed the technical feasibility of achieving the CO 2 and fuel consumption standards, based on projections of what actions manufacturers would be expected to take to reduce emissions and fuel consumption to achieve the standards, and believe that the standards are cost - effective and technologically feasible and appropriate within the rulemaking time frame. EPA and NHTSA also present the estimated costs and benefits of the vocational vehicle standards in Section III. (a ) Vocational Vehicle Chassis Standards In the NPRM, the agencies defined tire rolling resistance as a frictional loss of energy , associ ated mainly with the energy

dissipated in the deformation of tires under load that influences fuel efficiency and CO 2 emissions. Tires with higher rolling resistance lose more energy in response to this deformation, thus using more fuel and producing more CO 2 emissions in operation, while tires with lower rolling resistance lose less energy , and save more fuel and CO 2 emissions in operation. Tire design characteristics ( e.g. , materials, construction, and tread design) influence durability , traction (both wet and dry grip), vehicle handling, ride comfort, and noise in addition to rolling resistance. The agencies explained that a ty pical Low Rolling Resistance (LRR) tire’s attributes, compared to a non - LRR tire, would include increased tire inflation press ure; material changes; and tire construction with less hy steresis, geometry changes ( e.g. , reduced height to width aspect ratios), and reduction in sidewall and tread deflection. When a manufacturer applies LRR tires to a vehicle, the manufacturer general ly also makes changes to the vehicle’s suspension tuning and/or suspension design in order to maintain vehicle handling and ride comfort.***** E.O. 12866 Review**
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140 of 971 The agencies also explained that while LRR tires can be applied to vehicles in all MD/HD classes, they

may have specia l potential for improving fuel efficiency and reducing CO 2 emissions for vocational vehicles. According to an energy audit conducted by Argonne National Lab, tires are the second largest contributor to energy losses of vocational vehicles, after engines. 123 Given this finding, the agencies considered the availability

of LRR tires for vocational applications by examining the population of tires available, and concluded that there appeared to be few LRR tires for vocational applications. The agencies suggest ed in the NPRM that this low number of LRR tires for vocational vehicles could be due in part to the fact that the competitive pressure to improve rolling resistance of vocational vehicle tires has been less than in the line haul tire market, given that li ne haul vehicle s generally drive significantly more miles and therefore have significantly higher operating costs for fuel than vocational vehicles, and much greater incentive to improve fuel consumption . The small number of LRR tires for vocational vehicl es may

perhaps also be due in part to the fact that vocational vehicles generall y operate more frequently on secondary roads, gravel roads and roads that have less frequent winter maintenance, which leads vocational vehicle buyers to value tire traction an d durability

more than rolling resistance. The agencies recognized that this provided an opportunit y to improve fuel consumption and GHG emissions by creating a regulatory

program that encourages improvements in tire rolling resistance for both line haul and vocational vehicles. The agencies proposed to base standards for all segments of HD vehicles on the use of LRR tires. The agencies estimated that a 10 percent reduction in average tire rolling resistance would be attainable between model y ears 2010 an d 2014 based on the tire development achievements over the last several ye ars in the line haul truck market. This reduction in tire rolling resistance would correlate to a two percent reduction in fuel consumption as modeled by the GEM. 124 (i ) Summary of Comment

s The agencies received many comments on the subject of tire rolling resistance as applied to vocational vehicles. Comments included suggestions for alternative test procedures ; whether LRR tires should be applied to certain t ypes of vocational vehicles and whether certain vehicles should be exempted from the vocational vehicle standards if the standards are based on the ability to use LRR tires; the appropriateness of the proposed standards ; and compliance issues (discussed below in Section II.D.2.b . Re garding whether LRR tires should be applied to certain t ypes of vocational vehicles, the agencies received m an y comments from stakeholders, such as Daimler Trucks North America, Fire Apparatus Manufacturers Association (FAMA), International Association of Fire Chiefs, National Ready Mix, National Solid Wastes Management Association (NSWMA), Spartan Motors, National Automobile Dealers Association, among others. There were comments regarding applicability of low rolling resistance tires to vocational vehicle s based on LRR tire availability , suitability of the tires for the 123 A Class 6 pick up and delivery truck at 50% load has tires as the second largest contributor at speeds up to 35 mph, a typical average speed of urban delivery vehicles. See Argonne National Laboratory. “E valuation of Fuel Consumption Potential of Medium and Heavy Duty Vehicles through Modeling and Simulation.” October 2009. Page 91. 124 See 75 FR at 74241.***** E.O. 12866 Review**
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141 of 971 applications, fuel consumption and GHG emissions benefits and the appropriateness of standards. Man y of these commenters focused particularly on the whether LRR tires would compromise the capability of emergency

vehicles. Regarding whether LRR tire s are availab le in the market for certain vocational vehicles and whether the vocational vehicle stand ards were therefore appropriate and feasible , both Ford and AAPC stated that the proposed model - based requirement for Class 2b - 8 vocational chassis appear ed to require tires with rolling resistance values of approximately

8.0 - 8.1 kg/metric ton or better , and that l imited data available for smaller diameter tires , such as light - truck (LT) tires used on many light heav y - duty

trucks and vans , suggest ed that there exist few if an y choices for tires that would comply . Given this concern about the availability o f compliant tires, particularl y in the case of tires smaller than 22.5 ” , during the proposed regulatory time frame , AAPC and Ford request ed revisions to the requirement, or the modeling method, to establish different standards for vehicles that use differe nt tire class es, with separate requirements for LT tires, 19.5 ” tires, and 22.5 ” tires. AAPC argu ed that standards should be set based on data collected on high volume in - use tires , and that they should be set at a level that ensures the availability of multiple compliant tires. CRR (ii) Summary of Research Done Since the Notice of Proposed Rulemaking Since the NPRM , the agencies have conducted additional research on tire rolling resistance for m edium - and heav y - d ut y applications. This research involved direct discussions with tire suppliers, 125 assessment of the comments received, additional review of tire products available, and a more thorough review of tire use in the field. In addition, EPA has conducted tire rolling resistance testing to help inform the fi nal rulemaking. 126 The agencies discussed many aspects of low rolling resistance tire technologies and their application to vocational vehicles with tire suppliers since publication of the NPRM . Several tire suppliers indicated to the agencies that low ro lling resistance tires are currentl y available for vocational applications that would enable compliance with the proposed vocational vehicle standards , such as delivery vehicles, refuse vehicles, and other vocations . However, these conversations also made the agencies aware that availability

of low rolling resistance tires varies by supplier. Some suppliers stated they focused their compan y resources on areas of the medium - and heav y - dut y vehicle spectrum where fleet operators would see the most fuel efficie ncy benefits for the application of low rolling resistance technologies; specificall y the long - haul, on - highway applications that drive many miles and use large amounts of fuel. These suppliers stated that this choice w as driven by the significant capital investment that would be needed to improve tire rolling resistance across the relativel y large number of product offerings in the vocational vehicle segment, based on the wide range of tire sizes, load ratings, and speed ratings, compared to the much narrower range of offerings for long - haul

125 Records of these communications, and additional information submitted by the supplier companies and not CBI, are available at Docket No. EPA - HQ - OAR - 2010 - 0162. 126 Bachman, Joseph. M emorandum to the Docket. Heavy - Duty Tire Evaluation. July 2011. Docket EPA - HQ - OAR - 2010 - 0162, Pages 3 - 6.***** E.O. 12866 Review**
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142 of 971 applications. 127 Other suppliers stated that they have made conscious efforts to reduce the rolling resistance of all of their medium - and heav y - dut y vehicle tire offerings, including vocational applications, in an effo rt to become leaders in this technology . The agencies also discussed with tire suppliers the potential tire attribute tradeoffs that may be associated with incorporating designs that improve tire rolling resistance, given the driving patterns, environmenta l conditions, and on - road and off - road surface conditions that vocational vehicles are subjected to. Some vehicle manufacturer commenters had suggested that c hanges in tire tread block design that improve rolling resistance may

adversel y affect tire perfo rmance characteristics such as traction, resistance to tearing, and resistance to wear and damage from scrubbing on curbs and frequent tight radius turns that are important to customers for vocational vehicle performance . The suppliers agreed that providi ng tires unable to withstand these conditions or meet the vehicle application needs would adversel y affect customer satisfaction and warrant y expenses, and would have detrimental financial effects to their businesses. One supplier indicated that theoretica lly , tread - wear (tire life) could be compromised if suppliers choose to reduce the initial tire tread depth without any offsetting tire compound or design enhancements as the means to achieve rolling resistance reductions. T hat supplier argued that t aking this approach could lead to more frequent tire replacements or re - treading of existing tire carcasses , and that the agencies should therefore take a total lifecycle view when evaluating the effects of driving rolling resistance reductions. That supplier a lso indicated that a correlation of a 20 percent reduction in rolling resistance achieved through tread depth reduction could lead to a 30 percent decrease in tread - life and 15 percent reduction in wet traction. The agencies note that when they inquired about potential ‘safet y’ related tradeoffs, such as traction (braking and handling) and tread wear when applyinglow rolling resistance technologies , tire suppliers which remain subject to safet y standards regardless of this program , consistently

responded that they

would not produce a tire that compromises safet y when fitted in its proper application. In addition to the supplier discussions and evaluation of comments to the Notice of Proposed Rulemaking, EPA conducted a series of tire rolling resistance tes ts on medium - and heav y - duty vocational vehicle tires. The testing measured the CRR of tires representing 16 different vehicle applications for C lass 4

– 8 vocational vehicles . The testing included approximately 5 samples each of both steer and drive tires for each application. The tests were conducted b y two independent tire test labs, Standards Testing Lab (STL) and Smithers - Rapra (Smithers). Overall, a total of 156 medium - and heav y - dut y tires 128 were included in this testing, which was comprised of 88 tires covering various commercial vocational vehicle

127 More tire types and sizes have been developed for vocational vehicle applications than for long - haul applications. In some cases, suppliers offer up to 17 different vocational tire designs, and for each design there may be 8 - 10 different tire sizes. In contrast, a line - haul application may have only 2 - 3 tire designs with a fewer range of sizes. 128 After the agencies completed their analysis of these data, the agencies received raw data on 43 additional tires. See Pow ell, Greg. Memorandum to the Docket. Additional Tire Testing Results. July 2011. Docket NHTSA - 2010 - 0079. The agencies have not analyzed these additional data, nor included***** E.O. 12866 Review**
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143 of 971 ty pes, such as bucket trucks, school buses, city delivery vehicles, cit y transit buses and refuse haulers among others; 47 tires intended for application to tractors; and 21 tires classified as light - truck (LT) tires intended for Class 4 vocational vehicles such as delivery vans. In addition, approximately 20 of the tires tested were exchanged between the labs to assess inter - laboratory variability . The test results for 88 commercial vocational veh icle tires (19.5” and 22.5” sizes) showed a test average CRR of 7.4 kg/metric ton , with results ranging from 5. 1 to 9.8. To comply with the proposed vocational vehicle fuel consumption and GHG emissions standards using improved tire rolling resistance as the compliance strategy, a manufacturer would need to achieve an average tire CRR value of 8.1 kg/metric ton . 129 The measured average CRR of 7.4 kg/metric ton is thus better than the average value that would be needed to meet vocational vehicle standards. O f th ose 173 tires tested, twent y tires had CRR values exceeding 8.1 kg/metric ton, two were at 8.1 kg/metric ton, and sixty - six tires were better than 8.1 kg/metric ton. Additional data anal ys es examining the tire data b y tire size to determine the range and distribution of CRR values within each tire size showed each tire size generall y had tires rang ing from approximately 6.0 to 8.5 kg/metric ton, with a small number of tires in the 5.3

– 5.7 kg/metric ton range and a small number of tires in a range as high as 9.3

– 9.8 kg/ton. Review of the data showed that for each tire size and vehicle type, the majo rity of tires tested would enable compliance with vocational vehicle fuel consumption and GHG emission standards. The test results for the 47 tires intended for tractor application showed an overall average of 6.9 kg/ton, the lowest overall average rollin g resistance of the differ ent tire applications test ed . 130 This is consistent with what the agencies heard through comment s and meetings with tire suppliers wh ose efforts have focused on tractor applications , particularl y for long - haul applications, which yi eld the highest fuel efficiency benefits from LRR tire technology . Finally , the 21 LT tires intended for Class 4 vocational vehicles were comprised of two sizes; L T225/75R16 and LT245/75R16 with 11 and 10 samples tested, respectivel y. Some auto manufactur ers have indicated that CRR values for tires fitted to these Class 4 vehicles t ypically have a higher CRR value s than tires found on commercial vocational vehicles because of the smaller diameter wheel size and the I SO testing protocol. 131 The test data show ed the average CRR for L T225/75R16 tires was 9.1 kg/metric ton and the average for LT245/75R16 tires was 8.6 kg/metric ton. The range for the LT225/75R16 tires spanned 7.4 to 11.0 132 and the range for the LT245/75R16 tires them in the final report, and the data therefore played no role in the agencies' determination of an appropriate standard for vocational vehicles. The agencies will analyze and consider these data, along with any future data received through continued testing, as ap propriate , in the next rulemaking for the heavy duty secto r. 129 See 75 FR at 74244. 130 The CRR values for these applications ranged from 5. 4 to 9. 2 kg/metric ton. 131 See comments to docket EPA - HQ - OAR - 2010 - 0162 - 1761; Ford Motor Company 132 The agency notes the h ighest CRR values recorded for LT tires, of 11.0 and 10.9, w ere for two tires of the same size and brand. The nearest recorded values to these two tires were 9.8; substantially beyond the differences between other tires tested.***** E.O. 12866 Review**
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144 of 971 ranged from 6.6 to 9.8 kg/metric to n. Overall, the average for the tested LT tires was 8. 9 kg/metri c ton. Analy sis of the EPA test data for all vocational vehicles, including LT tires, shows the test average CRR is 7. 7 kg/metri c ton with a standard deviation of 1. 2 kg/metric ton. R eview of the data thus shows that for each tire size and vehicle ty pe, the re are man y tires available that would enable compliance with the proposed standards for vocational vehicles and tractors except for LT tires for Class 4 vocational vehicles where test resul ts show the majority of these tires have CRR worse than 8.1 kg/metri c ton. The agencies also reviewed the CRR data from the tires that were tested at both the STLand Smithers laboratories to assess inter - laboratory and test machine variability . The agencies conducted statistical analy sis of the data to gain better understanding of lab to - lab correlation and deve loped an adjustment factor for data measured at each of the test labs. When applied, this correction factor showed that for 77 of the 80 tires tested, the difference between the original CRR and a value corrected CRR was 0.01 kg/metric ton. The values for the remaining three tires were 0.03 kg/metric ton, 0.05 kg/metric ton and 0.07 kg/metric ton. Based on these results, the agencies believe the lab - to - lab variation for the STL and Smithers laboratories would have very small effect on measured CRR values. Further, in anal yz ing the data, the agencies considered both measurement variability

and the value of the measurements relative to proposed standards. The agencies concluded that although laboratory - to - laboratory and test machine - to - test machine measurem ent variability exists, the level observed is not excessive relative to the distribution of absolute measured CRR performance values and relative to the proposed standards. Based on this, the agencies concluded that the test protocol is reasonable for thi s program , but are making some revisions to the vehicle standards . The agencies also conducted a winter traction test of 28 tires to evaluate the impact of low rolling resistance designs on winter traction. The results of the study indicate that there was no statistical relationship between rolling resistance and snow tr action. 133 (iii) Summary of Final Rules For vocational vehicles, the agencies intend to keep rolling resistance as an input to the GEM but with modifications to the proposed targets as a result of the testing completed b y EPA since the NPRM and information from ti re suppliers. The agencies continue to believe that LRR tires, which are an available, cost - effective, and appropriate technology

with demonstrated fuel efficiency and GHG reduction benefits, are reasonable for all on - highway

vehicles. The agencies ackno wledge there can be tradeoffs when designing a tire for reduced rolling resistance. These tradeoffs can include characteristics such as wear resistance, cost and scuff resistance. However, the agencies have continued to review 133 Bachman, Joseph. Memorandum to Docket. Heavy - Duty Tire Evaluation. Docket EPA - HQ - OAR 2010 - 0162. Pages 3 - 6.***** E.O. 12866 Review**
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145 of 971 this issue and do not belie ve that LRR tires as specified in the rule s present safet y issues. As just noted , the agencies conducted independent testing of current tires available to assist confirming the finalized rolling resistance standards. The tire test samples were selected f rom those currently

available on the market and therefore have no known safet y issues and meet all current requirements to allow availability in commerce ; including wear, scuff resistance, braking, traction under wet or icy conditions, and other requirements. These tires included a wide array of sizes and designs intended for most all vocational applications, including those used for school buses, refuse haulers, emergency vehicles, concrete mixers, and recreational vehicles . As the test results revealed, there are a significant number of tires available that meet or do better than the rolling resistance targets for vocational vehicles; both l ight - truck (with an adjustment factor described later in this preamble section) and n on - LT tire t ypes , while meeting all applicable safety standards. The agencies also recognize the extreme conditions fire apparatus equipment must navigate to enable firefighters to perform their duties. As described below , the final rules contain provisio ns to allow for exemption of specific off - road capable vocational vehicles from the fuel efficiency

and greenhouse gas standards. Included in the exemption criteria are provisions for vehicles equipped with specific tire ty pes that would be fit to a vehic le to meet extreme demands, including those vehicles designed for off - road capability . As follow - up to the final rule s and in support for development of a separate FMVSS rule, NHTSA plans to conduct additional performance - focused testing (beyond rolling r esistance) for medium - and heav y - dut y trucks. This testing is targeted for completion toward the end of this y ear. The agencies will review th e s e performance data when available , in concert with any subsequent proposed rulemakings regarding fuel consumptio n and GHG emissions standards for medium - and heav y - dut y vehicles. For vocational vehicles, the rolling resistance of each tire will be measured using the I SO 28850 test method for drive tires and steer tires planned for fitment to the vehicle being certif

ied. Once the test CRR values are obtained, a manufacturer will input the CRR values for the drive and steer tires separatel y into the GEM where, for vocational vehicles, the vehicle load is distributed equally over the steer and drive tires . Once entered, the amount of GHG reduction attributed to tire rolling resistance will be incorporated into the overall vehicle compliance value. The following table provides the revised target CRR values for vocational vehicles for 2014 and 2017 model y ears that are use d to determine the vehicle standards.

**Table II**  **- 14**  **: Vocational Vehicle**
**– Target**  **CRR Values for GEM Input**  2014 MY 2017 MY Tire Rolling Resistance (kg/metric ton) 7.7 kg/metric ton 7.7 kg/metric ton These target values are being revised based on the significant availability of tires for vocational vehicles applications which have performance better than the originally proposed 8.1 kg/metric ton target. As just discussed, 63 of the 88 tires tested fo r***** E.O. 12866 Review**
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146 of 971 vocational applications had CRR values better than the proposed target. The tires tested covered fitment to a wide range of vocational vehicle ty pes and classes; thus agencies believe the original target value of 8.1 kg/metric ton was possibly too lenient after reviewing the testing data. Therefore, the agencies believe it is appropriate to reduce the proposed vehicle standard based on performance of a CRR target value of 7.7 kg/metric ton for non - LT tire t ype. As discussed previousl y, this value is the test average of all vocational tires tested (including LT) which takes a conservative approach over setting a target based on the average of onl y the non - LT vocational tires tested. For LT tires, based on both the test data and the comments from AAPC and F ord Motor Company , the agencies recognize the need to provide an adjustment. In lieu of having two sets of L ight Heav y - Duty

vocational vehicle standards, the agencies are finalizing an adjustment factor which applies to the CRR test results for L T tires. T he agencies developed an adjustment factor dividing the overall vocational test average CRR of 7.7 by the LT vocational average of 8.9. This yi elds an adjustment factor of 0.87. For LT vocational vehicle tires, the measured CRR values will be multiplied by the 0.87 adjustment factor before entering the values in the GEM for compliance. Based on the tire rolling resistance inputs noted above EPA is finalizing the following CO 2 standards for the 2014 model ye ar for the Class 2b through Class 8 vocational veh icle chassis, as shown in Table II - 15 . Similarly , NHTSA is finalizing the following fuel consumption standards for the 2016 model year, with voluntary standards beginning in the 2014 model year. For the EPA GHG program, the standard applies throughout the useful life of the vehicle. The agencies note that both the baseline performance and standards derived for the final rule s slightly differ from the values derived f or the NPRM. The first difference is due to the change in the target rolling resistance from 8.1 to 7.7 kg/metric ton based on the agencies’ test results. Second, there are minor differences in the fuel consumption and CO 2 emissions due to the small modi fications made to the GEM, as noted in RIA Chapter 4. Lastl y, the final HHD vocational vehicle standard uses a revised payload assumption of 15,000 pounds instead of the 38,000 pounds used in the NPRM, as described in Section II.D.3.c.iii. As a result, the emission standards shown in Table II - 15 for vocational vehicles have changed from the standards published in the NPRM. The changes for light heav y and medium heavy duty vehicle s are modest. The change for heav y heav y - dut y vocatio nal vehicles is larger, due to the difference in assumed payload. As with the 2017 MY standards for Class 7 and 8 tractors, EPA and NHTSA are adopting more stringent vocational vehicle standards for the 2017 model year which reflect the CO 2 emissions red uctions required through the 2017 model ye ar engine standards. See also Section II.B.2 explaining the same approach for the standards for combination tractors. As explained in Section II. D. (2) (c)(iv) below, engine performance is one of the inputs into the GEM compliance model that has a pre - defined ( i.e. fixed) value established by the agencies, and that input will change in the 2017 MY to reflect the 2017 MY engine standards. The 2017 MY vocational vehicle standards are not premised on manufacturers installing additional vehicle technologies, and a vocational vehicle that complies with the standards in MY 2016 will also comply in MY 2017 with no vehicle (tire ) changes. Thus, although chassis manufacturers will not be required to make further improvements in the 2017 MY to meet the standards, the***** E.O. 12866 Review**
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1 47 of 971 standards will be more stringent to reflect the engine improvements required in that y ear. This is because in 2017 MY GEM vehicle modeling outputs (in grams per ton mile and gallons per 1,000 ton mile) will automaticall y decrease since engine efficiency will improve in that year. **Table II**  **- 15**  **: Final Class 2b -**  **8 Vocational Vehicle CO**  **2 and Fuel Consumption Standards**  EPA CO 2 (gram/ton - mile) Standard Effective 2014 Model Year

Li ght Heav y - Dut y Class 2b - 5 Medium Heav y Duty Class 6 - 7 Heav y Heav y - Duty

Class 8 CO 2 Emissions 388 234 226 NHTSA Fuel Consumption (gallon per 1,000 ton - mile) Standard Effective 2016 Model Year 134 Li ght Heav y - Dut y

Class 2b - 5 Medium Heav y Duty Class 6 - 7 Heav y Heav y - Duty

Class 8 Fuel Consumption 38.1 23.0 22.2 EPA CO 2 (gram/ton - mile) Standard Effective 2017 Model Year

Li ght Heav y - Dut y Class 2b - 5 Medium Heav y Duty Class 6 - 7 Heav y Heav y - Duty

Class 8 CO 2 Emissions 373 225 222 NHTSA Fuel Consumption (gallon per ton - mile) Standard Effective 2017 Model Year

Li ght Heav y - Dut y Class 2b - 5 Medium Heav y Duty Class 6 - 7 Heav y Heav y - Duty

Class 8 Fuel Consumption 36.7 22.1 21.8 (iv) Off -Road and Low - Speed Vocational Vehicle Standards Some vocational vehicles, because they are primarily

designed for off

- road use, may not be good candidates for low rolling resistance tires. These vehicles may travel on - road for very

limited periods of time, such as in traveling on an urban road, or if they are off - loaded from another vehicle onto a road and then are driven off - road. The infrequent and limited exposure to on - road environments makes these vehicles suitable candidates for providing an exemption from the CO 2 emissions and fuel consumption standards for vocational vehicles (although the standards for HD engines used in vocational vehicles would still apply). 135 The agencies are also targeting other vehicles that travel at low - speeds and that are meant to be used both on - and off - road. The application of certain technologies to these vehicles may not provide the same level of benefits as it would for pure on - ro ad vehicles, and moreover, could even reduce the functionality

of the vehicle. In this case, the agencies want to ensure that vehicle functionality

is maintained to the maximum extent possible , while avoiding the possibility

that achievable benefits are n ot realized because of the structure of the

134 Manufacturers may voluntarily opt - in to the NHTSA fuel consumption program in 2014 or 2015. Once a manufacturer opts into the NHTSA program it must stay in the program for all the optional MYs. 135 See 75 FR at 74199.***** E.O. 12866 Review**
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148 of 971 regulations. The sections below explain this issue in more detail as it applies to tractors and vocational vehicles. The agencies explained in the NPRM that certain vocational vehicles have very limited on - road usage, and that although they would be defined as “motor vehicles” per 40 CFR 85.1703, the fact that they spend the most of their operations off - road might be reason for excluding them from the vocational vehicle standards. Vocational vehicles, such as th ose used on oil fields and construction sites 136 , experience very little benefit from LRR tires or from any other technologies to reduce GHG emissions and fuel consumption. The agencies proposed to allow a narrow range of these de facto off - road vehicles to be excluded from the proposed vocational vehicle standards if equipped with special off

- road tires having lug ty

pe treads. The agencies stated in the NPRM that on/off road traction is the only

tire performance parameter which trades off with TRR so signi ficantl y that tire manufacturers could be unable to develop tires meeting both a TRR standard while maintaining or improving the characteristic allowing them to perform offroad. See generally

75 FR at 74199 - 200. Therefore, the agencies proposed to exemp t these vehicles from the standards while requiring them to use certified engines, which would provide fuel consumption and CO 2 emission reductions in all vocational applications. To ensure that these vehicles were in fact used chiefl y off - road, the agenc ies proposed requirements that would allow exemption of a vehicle provided the vehicle and the tires were speed limited. As mentioned, the agencies were aware that the majority of off road trucks primarily use off - road tires and are low speed vehicles as well. Based upon this understanding, the agencies specifically proposed that a vehicle must meet the following requirements to qualify for an exemption from vocational vehicle standards:
 Tires which are lug tires or contain a speed rating of less than or equal to

60 mph; and
 A vehicle speed limiter governed to 55 mph. In response to the NPRM, EMA/TMA, Navistar and Volvo agreed with the proposal to exclude off

- road vocational vehicles from the standards because these vehicles primaril y operate off - road, but requested broadening the exclusion to cover other ty pes of vocational vehicles. Several manufacturers (IAFC, FAMA, NTEA, NSWMA, AAPC, RMA, Navistar and DTNA) requested the exemption of specific vehicle ty pes, such as on/off

- road emergency

vehicles, refus e vehicles, low speed transit buses or school buses, because their usage was viewed as being incompatible with LRR tires. Navistar oppose d the application of the proposed regulations to school buses , arguing that LRR tires may

impact the ride qualit y for children in school buses . However, Navistar also acknowledged that a significant portion of the national fleet of school buses alread y utilize s off

- road tires designed with lug t ype tread patterns (e.g., Kentucky) . IAFC, FAMA and NTEA commented that fire trucks and ambulances should also be exempted due to their part - time off

- road use such as in responding to a wildland fire or hazardous materials incidents which would require operations on dirt and gravel roads, fields or

136 Vehicles such as c oncrete m ixer s , off - road dump trucks, backhoes and wheel l oaders .***** E.O. 12866 Review**
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149 of 971 other off - road environments. Co mmenters also contended that b y requiring a 55 - mph limitation, the proposed exemption would be impractical for emergency vehicles due to the need to respond quickly to life - threatening events. The refuse truck manufacturers and trade associations, NSWMA and AAPC, commented that the solid waste industry operates a variet y of vocational vehicles that perform solely off - road at landfills. These comments also requested an exemption for certain refuse trucks (i.e., roll - off container trucks) that frequentl y go off - road at construction sites. Other commenters (FAMA, IA FC and Oshkosh) opposed compliance with the LRR standard for vocational vehicles for on/off road mixed service tires with aggressive or lug treads, stating that up to this point the industry

has h ad very

little interest in improving the LRR aspects of these tires or even to conducting testing to determine values for the coefficient of rolling resistance . For the final rules, the agencies have considered the issues raised b y commenters and have de cided to adopt different criteria than proposed for exempting vocational vehicles and vocational tractors that primarily travel off - road. The agencies believe that the reasons for proposing the exemption are equally applicable to a wider class of vocation al vehicles operating mostly off - road so that the proposals were either unsuitable for the industry

or too restrictive to capture all the vehicles intended for the exemption. For example, the NPRM proposal, by using tire tread patterns and VSLs as the bas is for qualifying vehicles for the exemption, was too restrictive because other non - lug t ype tread patterns exist in the market as well as other technologies which are equally capable of limiting the speed of the vehicle, as mentioned by Volvo. Therefore, the proposed exemption for off

- road vocational vehicles will be replaced with new criteria based on the vehicle application, whether it operates at low speed and whether the vehicle has speed restricted tires. The exemption is in part based on existing i ndustry standards established by

NHTSA. 137 As such, an y vocational vehicle including vocational tractors primarily used off - road or at low speeds must meet the following criteria to be exempt from GHG and fuel consumption vehicle standards:

 Any vehicle primarily

designed to perform work off - road such as in oil fields, forests, or construction sites and having permanently or temporaril y affixed components designed to work in an off - road environment (i.e., hazardous material equipment or off - road drill equip ment) or vehicles operating at low speeds making them unsuitable for normal highway operation; and meeting one or more of the following criteria:

 Any vehicle equipped with an axle that has a gro ss axle weight rating (GAWR) of 29,000 pounds ; or

137 The heavy - duty off road exemption is based in part on requirements existing in NHTSA’s Federal Motor V ehicle Safety Standards (FMVSS) Nos. 119 and 121. In FMVSS No. 119, titled “New pneumatic tires for mo tor vehicles with a GVWR of more than 4,538 kilograms (10,000 pounds) and motorcycles,” speed restricted tires rated at a speed of 55 mph or less are subjected to low e r test drum speeds in the endurance test to account for their low design speeds (e.g., off - road tires). The off

- road vehicle exemptions adopted for this heavy - duty program were based on the requirements used in FMVSS No. 121, “Air brake systems,” to ident ify and exclude vocational vehicles based upon their inability to meet on - highway stopping distance requirements.***** E.O. 12866 Review**
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150 of 971  Any truck or bus that has a speed attainable in 2 miles of not more than 33 mph; or  Any truck that has a speed attainable in 2 miles of not more than 45 mph, an unloaded vehicle weight that is not less than 95 percent of its gross vehicle weight rating (GVWR), and n o capacity to carry occupants other than the driver and operating crew. The agencies are also adopting in the final rules provisions to exempt any vocational vehicle that can operate in both on and off - road environments and has speed restricted tires rate d at 55 mph or below. 138 The agencies’ reasoning in adopting a speed restricted exemption for tires is that the majority of mixed service tires used for off - road use was identified as being restricted at 55 mph or less. 139 Also, as identified by FMVSS No. 11 9, speed restricted tires at a rating of 55 mph or less are incapable of meeting the same on - road performance standards as conventional tires. The agencies acknowledge that using a speed restriction criteria could allow certain vehicles to be exempted ina ppropriatel y (i.e., low speed cit y delivery tractors) but the agencies believe this is preferable to creating a situation where a segment of vehicles are precluded from performing their intended applications. Therefore, the final rules include an exemptio n for an y mixed service (on and off - road) vocational vehicle equipped with off - road tires that are speed restricted at 55 mph or less. Manufacturers choosing to exempt vehicles based on the above criteria will be required to provide a description of how they meet the qualifications for each vehicle family group in their end - of

- the ye ar and final ye ar reports (see Section V). A manufacturer having an off - road vehicle failing to meet the criteria under the agencies’ off

- road exemptions will be allowed to submit a petition describing how and why their vehicles should qualify for exclusion. The process of petitioning for an exemption is explained in §§ 1037.63 1 and 535.8. For each request, the manufacturer will be required to describe wh y it believes an exemption is warranted and address the following factors which the agencies will consider in granting its petition:

 The agencies provide an exemption based on off - road capability

of the vehicle or if the vehicle is fitted with speed restricted tires. Which exemption does your vehicle qualify under; and  Are there an y comparable tires that exist in the market to carry out the desired application both on and off road for the subject vehicle(s) of the petition which have LLR values that would enable compliance with the standard?

138 See 40 CFR 1037.631 139 Particular tire use was identified during the FMVSS 119 rulemaking and confirmed through subsequent market research. See “2010 Year Book the Tire and RIM Association Inc.”***** E.O. 12866 Review**
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151 of 971 (b ) Heavy - duty Engine Standard s for Engines Installed in Vocational Vehicles EPA is finalizing GHG standards 140 and NHTSA is finalizing fue l consumption standards for new heav y - duty engines installed in vocational vehicles. The standards will vary depending on whether the engines are diesel or gasoline powered since emissions and fuel consumption profiles differ significantly depending on wh ether the engine is gasoline or diesel powered. The agencies ’ anal ys es, as discussed briefl y below and in more detail later in this preamble and in the RIA Chapter 2 , show that these standards are appropriate and feasible under each agency ’s respective st atutory authorities. The agencies have anal yzed the feasibility of achieving the GHG and fuel consumption standards, based on projections of what actions manufacturers are expected to take to reduce emissions and fuel consumption. EPA and NHTSA also pre sent the estimated costs and benefits of the heav y - dut y engine standards in Section III below. In developing the final rules, the agencies have evaluated the kinds of technologies that could be utilized by

engine manufacturers compared to a baseline engin e, as well as the associated costs for the industry and fuel savings for the consumer and the magnitude of the GHG and fuel consumption savings that may be achieved. EPA’s existing criteria pollutant emissions regulations for heav y - dut y highway engines est ablish four service classes (three for compression - ignition or diesel engines and one for spark ignition or gasoline engines) that represent the engine’s intended and primary vehicle application, as shown in Table II - 16 (40 CFR 1036.140 and NHTSA’s 49 CFR 535.4). The agencies proposed to use the existing service classes to define the engine subcategories in this HD GHG emissions and fuel consumption program. The agenc ies did not receive any adverse comments to using this approach. Thus, the agencies are adopting the four engine subcategories for this final action. **Table II**  **- 16**  **: Engine Regulatory Subcategories** Engine Category Intended Application Li ght Heav y - dut y (LHD) Diesel Class 2b through Class 5 trucks (8,501 through 19,500 pounds GVWR) Medium Heav y - dut y (MHD) Diesel Class 6 and Class 7 trucks (19,501 through 33,000 pounds GVWR) Heav y Heav y - dut y (HHD) Diesel Class 8 trucks (33,001 pounds and greater GVWR Gasoline In complete vehicles less than 14,000 pounds GVWR and all vehicles (complete or incomplete) greater than 14,000 pounds GVWR

140 Specifically, EPA is finalizing CO 2 , N 2 O, and CH 4 emissions standards for new heavy - duty engines over an EPA specified useful life period (See Section II. E. for the N 2 O and CH 4 standards ).***** E.O. 12866 Review**
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152 of 971 (i ) Diesel Engine Standards for Engines Installed in Vocational Vehicles In the NPRM, the agencies proposed the following CO 2 and fuel consumption standards for HD diesel engines to be installed in vocational vehicles, as shown in Table II - 17 . **Table II**  **- 17**  **: Vocati onal Diesel Engine Standards over the Heavy**  **- Duty FTP Cycle**  Model Year Standard Li ght Heav y - Duty Diesel Medium

Heav y - Duty Diesel Heav y

Heav y - Duty Diesel 2014 - 2016 CO 2 Standard (g/bhp - hr) 600 600 567

Voluntary

Fuel Consumption Standard (gallon/100 bhp - hr) 5.89 5.89 5.57 2017 and Later CO 2 Standard (g/bhp - hr) 576 576 555

Fuel Consumption (gallon/100 bhp - hr) 5. 66 5. 66 5.45 The agencies explained in the NPRM that the standards were based on our assessment of the findings of the 2010 NAS report and other literature sources that there are technologies available to reduce fuel consumption in all these engines by this level in the final time frame in a cost - effective manner. Similar to the technology basis for HD engines used in combinat ion tractors, these technologies include improved turbochargers, aftertreatment optimization, low temperature exhaust gas recirculation, and engine friction reductions. The agencies proposed that the HD diesel engine CO 2 standards for vocational vehicles would become effective in MY 2014 for EPA, with more stringent CO 2 standards becoming effective in MY 2017, while NHTSA’s fuel consumption standards would become effective in MY 2017, which would be both consistent with the EI SA four - ye ar minimum lead - tim e requirements and harmonized with EPA’s timing for stringency

increases. The agencies explained that the three - ye ar timing, besides being required b y E IS A, made sense because EPA’s heavy - dut y highway engine program for criteria pollutants had begun to provide new emissions standards for the industry in three ye ar increments, which had caused the heav y - dut y engine and vehicle manufacturer product plans to fall largely into three year cycles reflecting this regulatory environment. 141 To further harmonize with EPA, NHTSA proposed voluntary fuel consumption standards for HD diesel engines for vocational vehicles in MYs 2014 - 2016, allowing manufacturers to opt into the voluntary standards in any

of those model years. 142 Manufacturers opting into the program must declare b y statement their intent to comply prior to or at the same time they submit their first application for a certificate of conformity . A manufacturer opting into the program would begin tracking credits and debits beginning in the model year in whi ch they opt in. Both agencies proposed to allow

141 See generally 75 FR at 74200 - 201. 142 Once a manufacturer opts into the NHTSA program it must stay in the program for all the optional MYs and remain standardized with the implementation approach being used to meet the EPA emission program.***** E.O. 12866 Review**
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153 of 971 manufacturers to generate and use credits to achieve compliance with the HD diesel engine standards for vocational vehicles, including averaging, banking, and trading (ABT), and deficit carry - forward. The ag encies proposed to require HD diesel engine manufacturers to achieve, on average, a three percent reduction in fuel consumption and CO 2 emissions for the 2014 standards over the baseline MY 2010 performance for the HHD diesel engines , and a five percent re duction for the LHD and MHD diesel engines. The standard s for the LH D and MH D engine categories were proposed to be set at the same level because the agencies found that there is an overlap in the displacement of engines which are currently certified as L HDD or MHDD. The agencies developed the baseline 2010 model y ear CO 2 emissions from data provided to EPA by manufacturers during the non - GHG certification process. Analy sis of CO 2 emissions from 2010 model y ear LHD and MHDD diesel engines showed little difference between LHD and MHD diesel engine baseline CO 2 performance in the 2010 model y ear, which overall averaged 630 g CO 2 /bhp - hr (6.19 gal/100 bhp - hr) . 143 Furthermore, the techno logies available to reduce fuel consumption and CO 2 emissions from these two categories of engines are similar. The agencies considered combining these engine categories into a single category , but decided to maintain these two separate engine categories with the same standard level to respect the different useful life periods associated with each category . For vocational engines certified on the FTP cycle, the agencies proposed to require a five percent reduction for HHD engines and nine percent for LHD and MHD engines. For LHD and MHD engines in 2017 MY, the nine percent reduction is based on the assumption that valvetrain friction reduction can be achieved in LHD and MHD engines in addition to turbo efficiency and accessory

(water, oil, and fuel pump) improvements, improved EGR cooler, and other approaches being used for HHD engines. Commenters who discussed the HD diesel engine standards generall y did not differentiate between the standards for engines used in combination tractors and the engines used in vocational vehicles. As explained above in Section II.B.2.b, some commenters, such as EMA/TMA, Cummins, DTNA, and other manufacturers , supported the proposed standards , as long as the flex ibilities proposed in the NPRM we re finalized as proposed. Vol vo argued that the standards are being phased in too quickly . Environmental groups and NGOs commented that the standards should be more stringent and reflect the potential for greater fuel consumption and CO 2 emissions reductions through the use of additi onal technologies outlined in the 2010 NAS study . In response to those comments, the agencies refer back to our discussion in Section II.B.2.b. The agencies believe that the additional reductions may be achieved through the increased development of the technologies evaluated for the 2014 model y ear standard , but the agencies’ anal ys is indicates that this ty pe of advanced engine development will require a longer development time than MY 2014 . The agencies are therefore provid ing additio nal lead time to a llow for the introduction of this additional

143 Calculated using the conversion 10,180 g CO 2 /gallon for diesel fuel.***** E.O. 12866 Review**
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154 of 971 technology , and waiting until 2017 to increase stringency to levels reflecting application of turbocompounding . See Chapter 2 of the RIA for more details. While it made sense to set standards at the same leve l for LHD and MHD diesel engines for vocational vehicles, the agencies found that it did not make sense to set HHD standards at the same level. Based on manufacturer - submitted CO 2 data for the non GHG emissions certification process , the agencies found th at the baseline for HHD diesel engines was much lower than for LHD/MHD diesel engines -- 584 g CO 2 /bhp - hr (5.74 gal/100 bhp - hr) on average for HHD, compared to 630 g CO 2 /bhp - hr (6.19 gal/100 bhp hr) on average for LHD/MHD. 144 In addition to the differences in the baseline performance , the agencies believe that there may be some technologies available to reduce fuel consumption and CO 2 emissions that may be appropriate for the HHD diesel engines but not for the LHD/MHD diesel engines, such as turbocompounding. Therefore, the agencies are setting a different standard level for HHD diesel engines to be used in vocational vehicles . Additional discussion on technical feasibility is included in Section III below and in Cha pter 2 of the RIA . After consideration of the comments, EPA and NHTSA are adopting as proposed the CO 2 emission standards and fuel consumption standards for heav y - dut y diesel engines installed in vocational vehicles are presented i n Table II - 17 . Consistent with proposal, the first set of standards take effect with MY 2014 (mandatory standards for EPA, voluntary

standards for NHTSA), and the second set take effect wi th MY 2017 (mandatory

for both agencies). Compliance with the standards for engines installed in vocational vehicles will be evaluated based on the composite HD FTP cycle. Inthe NPRM, the agencies proposed standards based on the Heav y - dut y FTP cycle for engines used in vocational vehicles reflecting their primary

use in transient operating conditions ( ty pified b y both frequent accelerations and decelerations ), as well as in some stead y cruise conditions as represented on the Heav y - duty FTP. The primary

r eason the agencies proposed two separate certification cycles for HD diesel engines

– one for HD diesel engines used in combination tractors and the other for HD diesel engines used in vocational vehicles -- is to encourage engine manufacturers to install technologies appropriate to the intended use of the engine with the vehicle. 145 DTNA , Cummins, EMA/TMA, and Honey well commented that certain vocational vehicle applications would achieve greater fuel consumption and CO 2 emissions reductions in - use by using an engine designed to meet the SET - based standard. They stated that some vocational vehicles operate at steady - state more frequently than in transient operation , such as motor coaches, and thus should be able to have an engine certified on a steady - state cycle to better reflect the vehicle’s real use. In response, while the agencies recognize the value to manufacturers of having additional flexibility

that allows them to meet the standards in a way most consistent with

144 Calculated using the conversion 10,180 g CO 2 /gallon for diesel fuel. 145 See generally 75 FR at 74201.***** E.O. 12866 Review**
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155 of 971 how their vehicles and engines will ultimately be used, we remain concerned about increasing flexibility

in way s that might impair fuel consumption and CO 2 emissions reductions. T he agencies are therefore providing the option in these final rules for some vocational vehicles , but not others, to have SET certified engines . Heavy heavy - dut y vocational engines will be allowed to be SET certified for vocational vehicles, s ince SET certified HHD engines must meet more stringent GHG and fuel consumption stan dards than FTP certified engines. W e believe this will provide manufacturers additional flexibility while still achieving the expected fuel consumption and CO 2 emissions reductions . However, medium heavy - dut y vocational engines will not be allowed to be SET - certified , because m edium heavy - dut y engines certified on the FTP must meet a more stringent standard than engines certified on the SET , and the agencies are not confident that fuel consumption and CO 2 emissions reduction levels would necessarily be maintained . As discussed above in Section II.B.2.b, the agencies place important weight in making our decisions about the cost - effectiveness of the standards and the availability of lead time on the fact that engine manufacturers are expected to redesign and upgrade their products during MYs 2014 - 2017. The final two - step CO 2 emission and fuel consumption standards recognize the opportunity for technology

improvements over the rulemaking time frame , while reflecting the t ypical diesel truck manufacturers’ and diesel engine manufacturers’ p roduct plan cycles. Over these four model y ears there will be an opportunity

for manufacturers to evaluate almost every one of their engine models and add technology

in a cost - effective way , consistent with existing redesign schedules, to control GHG emis sions and reduce fuel consumption. The time - frame and levels for the standards, as well as the ability to average, bank and trade credits and carry a deficit forward for a limited time, are expected to provide manufacturers the time needed to incorporate technology

that will achieve the final GHG and fuel consumption reductions, and to do this as part of the normal engine redesign process. This is an important aspect of the final rules, as it will avoid the much higher costs that would occur if manufactur ers needed to add or change technology at times other than these scheduled redesigns. 146 This time period will also provide manufacturers the opportunity to plan for compliance using a multi - year time frame, again in accord with their normal business practi ce. Further details on lead time, redesigns and technical feasibility can be found in Section III. The agencies recognize, however, that the schedule of changes for the final standards may

not be the most cost - effective one for all manufacturers. For HD diesel engines for use in tractors, the agencies discussed above in Section II.B.2.b our decision in this final program to allow an “OBD phase - in” option for meeting the standards, based on comments received from several industry organizations indicating that aligning technology

changes for multiple regulatory requirements would provide them with greater flexibility . In the context of HD diesel engines for use in vocational vehicles, Volvo, EMA/TMA, and DDC specifically requested an “OBD phase - in” option i n its comments to the NPRM. DDC argued that bundling design changes where possible can reduce the burden on industry for compl yi ng with regulations, so aligning the
146 See 75 FR at 25467 - 68.***** E.O. 12866 Review**
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156 of 971 introduction of the OBD, GHG, and fuel consumption standards could help reduce the resourc es devoted to validation of new product designs and certification. The agencies have the same interest in providing this flexibility for manufacturers of HD diesel engines for use in vocational vehicles as in providing it for manufacturers of HD diesel eng ines for use in combination tractors, as long as equivalent emissions and fuel savings are maintained. Thus, in order to provide additional flexibility for manufacturers looking to align their technology changes with multiple regulatory requirements, the agencies are finalizing an alternate “OBD phase - in ” option for meeting the HD diesel engine standards which delivers equivalent CO 2 emissions and fuel consumption reductions as the primary standards for the engines built in the 2013 through 2017 model year s, as shown in Table II - 18 . **Table II**  **- 18**  **Comparison of CO 2**  **reductions for the Engine**  **Standards under the Alternative OBD Phase**  **- in and Primary Phase**  **- In**  HHD FTP LHD/MHD FTP Primary Phase - in Standard (g/bhp - hr) Optional

Phase - in Standard (g/bhp - hr) Difference in

Lifetime CO 2 Engine Emissions (MMT) Primary

Phase - in Standard (g/bhp - hr) Optional

Phase - in Standard (g/bhp - hr) Difference in

Lifetime CO 2 Engine Emissions (MMT) Baseline 584 584 -- 630 630 -- 2013 MY Engine 584 577 20 630 618 14 2014 MY Engine 567 577 - 28 600 618 - 22 2015 MY Engine 567 577 - 28 600 618 - 22 2016 MY Engine 567 555 34 600 576 29 2017 MY Engine 555 555 0 576 576 0 Net Reductions (MMT) - 3 0

Table II - 19 presents the final HD diesel engine CO 2 emission and fuel consumption standards under the optional “OBD phase - in” option.***** E.O. 12866 Review**
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157 of 971 **Table II**  **- 19**  **: Optional Heavy -**  **Duty Engine Standard Phase -**  **in** Model Year Standard Li ght Heav y Duty Diesel Medium

Heav y Duty Diesel Heav y

Heav y Duty Diesel 2013 CO 2 Standard (g/bhp - hr) 6 18 6 18 577

Voluntary

Fuel Consumption Standard (gallon/100 bhp - hr) 6.07 6.07 5. 67 2016 and Later CO 2 Standard (g/bhp - hr) 576 576 555

Fuel Consumption (gallon/100 bhp - hr) 5. 66 5. 66 5.45 In order to ensure equivalent CO 2 and fuel consumption reductions and orderly compliance, and to avoid gaming, the agencies are requiring that i f a manufacturer selects th e OBD phase - in option , it must certify its engines starting in the 2013 model year and continue using this phase - in through 2016 model year. Manufacturers may opt into the OBD phase - in option through the voluntary NHTSA program, but must opt in in the 2013 model year and continue using this phase - in through the 2016 model year. Manufacturers that opt in to the voluntar y NHTSA program in 2014 and 2015 will be required to meet the primary

phase - in schedule and may not adopt the OBD phase - in option . As discussed above in Section II.B.2.b , while the agencies believe that the HD diesel engine standards are appropriate, cost - effective, and technologicall y feasible in the rulemaking time frame , we also recognize that when regulating a category of engines for the first time, there will be individual products that may deviate significantly from the baseline level of performance, whether because of a specific approach to criteria pollution control, or due to engine calibration for specific applications or duty cycles. Th at earlier discussion described HD diesel engines for use in combination tractors, but the same supporting information is relevant to the agencies’ consideration of an alternate standard for HD diesel engines installed in vocational vehicles. In the NPRM, the agenci es proposed an optional engine standard for HD diesel engines installed in vocational vehicles based on a five percent reduction from the engine’s own 2011 model ye ar baseline level , but requested comment on whether a two percent reduction would be more ap propriate . 147 The comments received in response did not directly address engines for vocational vehicles, but the agencies believe that the information provided by Navistar and others is equally applicable to HD diesel engines for combination tractors and f or vocational vehicles. Our assessment for the final standards is that a 2.5 percent reduction is appropriate for LHD and MHD engines installed in vocational vehicles and 3 percent is appropriate for HHD engines installed in vocational vehicles given the technologies available for application to legacy products by

model year 2014. 148 Unlike the majority

of engine products in this segment, engine manufacturers have devoted few resources to developing technologies for these legacy products reasoning that the

147 See 75 FR at 74202. 148 To be codified at 40 CFR 1036.620.***** E.O. 12866 Review**
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158 of 971 investment would have little value if the engines are to be substantially redesigned or replaced in the next five years. Hence , although the technologies we have identified to achieve the proposed five percent reduction would theoreticall y work for these legacy products, there is inadequate lead time for manufacturers to complete the pre application development needed to add the technology to these engines b y 2014. T he mix of technologies available off the shelf for legacy engines varies between engine li nes within OEMs and varies among OEMs as well. On average, based on our review of manufacturer development history and current plans, we project that for the legacy products approximately

half of the defined technologies appropriate for the 2014 standard will be available and ready for application by

2014 for older legacy

engine designs. Hence, we have concluded that if we limit the reductions to those improvements which reflect further enhancements of already installed systems rather than the addition or replacement of technologies with fully developed new on the shelf components, the potential improvement for the 2014 model year will be 2.5 percent for LHD and MHD engines and 3 percent HHD engines. Just a s for HD diesel engines used in combination trac tors, the agencies stress that this option for HD engines used in vocational vehicles i s temporary and limited and is being adopted to address diverse manufacturer needs associated with complyingwith this first phase of the regulations . T his optiona l, a lternative standard will be available only for the 2014 through 2016 model y ears, because we believe that manufacturers will have had ample opportunity

to make appropriate changes to bring their product performance into line with the rest of the industry after that time . This optional standard will not be available unless and until a manufacturer has exhausted all available credits and credit opportunities, and engines under the alternative standard could not generate credits. The agencies note that manufacturers choosing to utilize this option in MYs 2014 - 2016 will have to make a greater relative improvement in MY 2017 than the rest of the industry , since they

will be starting from a worse level . F or compliance purposes, in MYs 2014 - 2016 emissions fro m engines certified and sold at the alternate level will be averaged with emissions from engines certified and sold at more stringent levels to arrive at a weighted average emissions level for all engines in the subcategory . Again, this option can only

be taken if all other credit opportunities have been exhausted and the manufacturer still cannot meet the primary standards. If a manufacturer chooses this option to meet the EPA emission standards in MY 2014

– 2016, and wants to opt into the NHTSA fuel con sumption program in these same MYs it must follow the exact path followed under the EPA program utilizing equivalent fuel consumption standards. As discussed above in Section II.B.2.b, Volvo argued that manufacturers could game the standard b y establishing an artificiall y high 2011 baseline emission level. This could be done, for example, by certifying an engine with high fuel consumption and GHG emissions that is either: 1) not sold in significant quantities ; or 2) later altered to emit fewer GHGs and cons ume less fuel through service changes. In order to mitigate this possibility , the agencies are requiring either that the 2011 model year baseline must be developed b y averaging emissions over all engines in an engine averaging set certified and sold for that model year so as to prevent a manufacturer from developing a single high GHG output engine solely for the purpose of establishing a high baseline or meet***** E.O. 12866 Review**
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159 of 971 additional criteria . The agencies are allowing manufacturers to combine light heavy - dut y and medi um heav y - dut y diesel engines into a single averaging set for this provision because the engines have the same GHG emissions and fuel consumption standards. If a manufacturer does not certify all engine families in an averaging set to the alternate standar ds, then the tested configuration of the engine certified to the alternate standard must have the same engine displacement and its rated power within 5 percent of the highest rated power as the baseline engine. In addition, the tested configurations must have a BSFC equivalent to or better than all other configurations within the engine famil y and represent a configuration that is sold to customers. (ii) Gasoline Engine Standard Heav y - dut y gasoline engines are also used in vocational vehicle applications. The number of engines certified in the past for this segment of vehicles is very limited and has ranged between three and five engine models. 149 Unlike the heav y - dut y diesel engines ty pical of this segment which are built for vocational vehicles , these gasolin e engines are developed for heav y - duty pickup trucks and vans primarily , but are also sold as loose engines to vocational vehicle manufacturers , for use in vocational vehicles such as some delivery trucks. Some fleets still prefer gasoline engines over di esel engines. In the past, this was the case since gasoline stations were more prevalent than stations that sold diesel fuel. Because they

are developed for HD pickups and vans, the agencies evaluated these engines in parallel with the heav y - dut y pickup truck and van standard development. As in the pickup truck and van segment, the agencies anticipate d that the manufacturers will have onl y one engine re - design within the 2014 - 20 18 model y ears under consideration within th e proposal. The agencies therefo re proposed fuel consumption and CO 2 emissions standards for gasoline engines for use in vocational vehicles, which represent a five percent reduction in CO 2 emissions and fuel consumption in the 2016 model year over the 2010 MY baseline through use of technologies such as coupled cam phasing, engine friction reduction, and stoichiometric gasoline direct injection. In our meetings with all three of the major manufacturers in the HD pickup and van segment, confidential future product plans were shared wi th the agencies. Reflecting those plans and our estimates for when engine changes will be made in alignment w ith those product plans, we had concluded for proposal that the 2016 model year reflects the most logical model year start date for the heav y - duty gasoline engine standards. In order to meet the standards we are finalizing for heav y - duty pickups and vans, we project that all manufacturers will have redesigned their gasoline engine offerings b y the start of the 2016 model year. Given the small volume of loose gasoline engine sales relative to complete heav y - duty

pickup sales, we think it is appropriate to set the timing for the heav y - dut y gasoline engine standard in line with our projections for engine redesigns to meet the heav y - duty

pickup truck s tandards. Therefore, NHTSA’s final fuel consumption standard and EPA’s final CO 2 standard for heav y - dut y gasoline engines are first effective in the 2016 model year.

149 EPA’s heavy - duty

engine certification database at http://www.epa.gov/otaq/certdata.htm#largeng .***** E.O. 12866 Review**
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160 of 971 The baseline 2010 model year CO 2 performance of these heavy - dut y gasoline engines over the Heav y - duty FTP cycle is 660 g CO 2 /bhp - hr (7.43 gal/100 bhp - hr) in 2010 based on non - GHG certification data provided to EPA by the manufacturers. The agencies are finalizing 2016 model year standards that require manufacturers to achieve a five percent reduction in CO 2 compared to the 2010 MY baseline through use of technologies such as coupled cam phasing, engine friction reduction, and stoichiometric gasoline direct injection. Additional detail on technology feasibility

is included in Section III and in the RIA Chapter 2. As shown in Table II - 20 , NHTSA is finalizing as proposed a 7.06 gallon/100 bhp - hr standard for fuel consumption while EPA is adopting as proposed a 627 g CO 2 /bhp - hr standard tested over the Heav y - dut y FTP, effe ctive in the 2016 model y ear. Similar to EPA’s non - GHG standards approach, manufacturers may generate and use credits by the same engine averaging set to show compliance with both agencies’ standards. **Table II**  **- 20**  **: Heavy -**  **Duty Gasoline Engine Standards** Model Year Gasoline Engine Standard 2016 and Later CO 2 Standard (g/bhp - hr) 627

Fuel Consumption (gallon/100 bhp - hr) 7.06 (c) In - Use Standards Section 202(a)(1) of the CAA specifies that emissions standards are to be applicable for the useful life of the vehicle. The in - use standards that EPA is finalizing apply to individual vehicles and engines. NHTSA is not finalizing in - use standards that w ould apply

to the vehicles and engines in a similar fashion. EPA proposed that the in - use standards for heav y - duty engines installed in vocational vehicles be established by adding an adjustment factor to the full useful life emissions results projected in the EPA certification process to account for measurement variability

inherent in testing done at different laboratories with different engines . The agency proposed a two percent adjustment factor and requested comments and additional data during the pr oposal to assist in developing an appropriate factor level. The agency received additional data during the comment period which identified production variability

which was not accounted for at proposal. Details on the development of the final adjustment f

actor are included in RIA Chapter 3. Based on the data received, EPA determined that the adjustment factor in the final rules should be higher than the proposed level of two percent. EPA is finalizing a three percent adjustment factor for the in - use stand ard to provide a reasonable margin for production and test - to - test variability that could result in differences between the initial emission test results and emission results obtained during subsequent in - use testing. We are finalizing regulatory text (i n §1036.150) to allow engine manufacturers to used assigned deterioration factors (DFs) without performing their own durability***** E.O. 12866 Review**
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161 of 971 emission tests or engineering anal ys is. However, the engines would still be required to meet the standards in actual use without regard to whether the manufacturer used the assigned DFs. This allowance is being adopted as an interim provision applicable only for this initial phase of standards. Manufacturers will be allowed to use an assigned additive DF of 0.0 g/bhp - hr for CO 2 emissions from any conventional engine (i.e., an engine not including advance or innovative technologies). Upon request, we could allow the assigned DF for CO 2 emissions from engines including advance or innovative technologies, but only if we determine that it would be consistent with good engineering judgment. We believe that we have enough information about in - use CO 2 emissions from conventional engines to conclude that they

will not increase as the engines age. However, we lack such information about the more advanced technologies. EPA proposed that the useful life for these engines and vehicles with respect to GHG emissions be set equal to the respective useful life periods for criteria pollutants. EPA proposed that the existing engine useful lif e periods, as included in Table II - 21 , be broadened to include CO 2 emissions and fuel consumption for both engines and vocational vehicles. The agency did not receive any

adverse comments with this approach and is finalizing the useful life periods as proposed (see 40 CFR 1036.108(d) and 1037.105). While NHTSA will use useful life considerations for establishing fuel consumption performance for initial compliance and fo r ABT, NHTSA does not intend to implement an in - use compliance program for fuel consumption, because it is not required under EISA and because it is not currently anticipated there will be notable deterioration of fuel consumption over the engines’ useful life. **Table II**  **- 21**  **: Useful Life Periods** Years Miles Class 2b - 5 Vocational Vehicles, Spark Ignited, and Li ght Heav y - Dut y Diesel Engines 10 110,000 Class 6 - 7 Vocational Vehicles and Medium Heav y - Duty Diesel Engines 10 185,000 Class 8 Vocational Vehicles and Heav y Heavy Duty Diesel Engines 10 435,000 **(2) Test Procedures and Related Issues**  The agencies are finalizing test procedures to evaluate fuel consumption and CO 2 emissions of vocational vehicles in a manner very similar to Class 7 and Class 8 combination tractors. This section describes the simulation model for demonstrating compliance, engine test procedures, and a test procedure for evaluating h yb rid powertrain s (a potential means of generating credits, although not part of the technology package on which the final standard for vocational vehicles is premised).***** E.O. 12866 Review**
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162 of 971 (a ) Computer Simulation Model As previously

mentioned, to achieve the goal of reducing emissions and fuel consumption for both trucks and engines, we are finalizing separate engine and vehicle based emission and fuel consumption standards for vocational vehicles and engines used in those vehicles. For the vocational vehicles, engine manufacturers are subject to the engine standards, and chassis manufacturers are required to install certified engines in their chassis. The chassis manufacturer is subject to a separate vehicle - based standard that uses the final vehicle simulation model , the GEM, to evaluate the impact of the tire design to determine compliance with the vehicle standard. A simulation model, in general, uses various inputs to characterize a vehicle’s properties (such as weight, aerodynamics, and rolling resistance) and predicts how the vehicle wou ld behave on the road when it follows a driving cycle (vehicle speed versus time). On a second - by - second basis, the model determines how much engine power needs to be generated for the vehicle to follow the driving cycle as closely as possible. The engin e power is then transmitted to the wheels through transmission, driveline, and axles to move the vehicle according to the driving cycle. The second - by - second fuel consumption of the vehicle, which corresponds to the engine power demand to move the vehicle , is then calculated according to the fuel consumption map embedded in the compliance model. Similar to a chassis dynamometer test, the second - by - second fuel consumption is aggregated over the complete drive cycle to determine the fuel consumption of the vehicle. NHTSA and EPA are finalizing an approach consistent with the proposal to evaluate fuel consumption and CO 2 emissions respectivel y through a simulation of whole - vehicle operation, consistent with the NAS recommendation to use a truck model to evalu ate truck performance. The EPA developed the GEM for the specific purpose of this rulemaking to evaluate vehicle performance. The GEM is similar in concept to a number of vehicle simulation tools developed by commercial and government entities. The mode l developed b y the EPA and finalized here was designed for the express purpose of vehicle compliance demonstration and is therefore simpler and less configurable than similar commercial products. This approach gives a compact and quicker tool for evaluati ng vehicle compliance without the overhead and costs of a more complicated model. Details of the model, including changes made to the model to address concerns of the peer reviewers and commenters are included in Chapter 4 of the RIA. An example of the G EM input screen is shown in Figure II - 4.***** E.O. 12866 Review**
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EPA and NHTSA have validated the GEM simulation of vocational vehicles against a commonly

used simulation tool used in vehicle subcategory . Prior to using GT benchmarked a GT - Drive simulation of the combination tractor tested at Southwest Research against the experimental test results f manner as done for GEM. Then the EPA developed three vocational vehicle models (LHD, MHD, and HHD) and simulated them using both GEM and GT the GEM and GT - Drive predicted the fuel consumption and CO vocational vehicle subcategories with differences of less than 2 percent for the three test cycles

– the California ARB Transient cy cle, 55 mph cruise, and 65 mph cruise cy cle. The final simulation model is described in greater available for download by interested parties at ( The agencies are requiring that for demonstrating compliance, a chassis manufacturer would measure the performance of tires, input the values into compare the model’s output to the standard. As explained earlier, low rolling resistance tires are the onl y technology on which the agencies’ own feasibility anal ys is for these vehicles is predicated. The input values for the simulation model wi manufacturer from the final tire test procedure described in this action. The remaining

150 See RIA Chapter 4, Table 4 **Revised Version**
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163 of 971 **Figure II**  **- 4**  **: Example**  **GEM Input Screen** EPA and NHTSA have validated the GEM simulation of vocational vehicles against a commonly

used simulation tool used in industry , GT - Drive, for each vocational vehicle subcategory . Prior to using GT - Drive as a comparison tool, the agencies first

Drive simulation of the combination tractor tested at Southwest Research against the experimental test results f rom the chassis dy

namometer in the same manner as done for GEM. Then the EPA developed three vocational vehicle models (LHD, MHD, and HHD) and simulated them using both GEM and GT - Drive. Overall,

Drive predicted the fuel consumption and CO 2 emissions for all three vocational vehicle subcategories with differences of less than 2 percent for the three test the California ARB Transient cy cle, 55 mph cruise, and 65 mph cruise cy cle. The final simulation model is described in greater detail in RIA Chapter 4 and is available for download by interested parties at ( http://www.epa.gov/otaq/ The agencies are requiring that for demonstrating compliance, a chassis manufacturer would measure the performance of tires, input the values into compare the model’s output to the standard. As explained earlier, low rolling resistance tires are the onl y technology on which the agencies’ own feasibility anal ys is for these vehicles is predicated. The input values for the simulation model wi ll be derived b y the manufacturer from the final tire test procedure described in this action. The remaining RIA Chapter 4, Table 4 - 8. **Do Not Cite, Quote, or Release During Review *****

EPA and NHTSA have validated the GEM simulation of vocational vehicles Drive, for each vocational Drive as a comparison tool, the agencies first Drive simulation of the combination tractor tested at Southwest rom the chassis dy

namometer in the same manner as done for GEM. Then the EPA developed three vocational vehicle models Drive. Overall, emissions for all three vocational vehicle subcategories with differences of less than 2 percent for the three test the California ARB Transient cy cle, 55 mph cruise, and 65 mph cruise cy cle. 150 detail in RIA Chapter 4 and is http://www.epa.gov/otaq/ ). The agencies are requiring that for demonstrating compliance, a chassis manufacturer would measure the performance of tires, input the values into GEM, and compare the model’s output to the standard. As explained earlier, low rolling resistance tires are the onl y technology on which the agencies’ own feasibility anal ys is for these ll be derived b y the manufacturer from the final tire test procedure described in this action. The remaining***** E.O. 12866 Review**
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164 of 971 model inputs will be fixed values pre - defined by the agencies. These are detailed in the RIA Chapter 4, including the engine fuel consumption map to be used in the simulation. (b ) Tire Rolling Resistance Assessment In terms of how tire rolling resistance would be measured, the agencies proposed to require that the tire rolling resistance input to the GEM be determined using ISO 28580:2009(E), Passenger car, truck and bus tyres

— Methods of measuring rolling resistance

—

Single point test and correlation of measurement results . 151 The agencies stated that they believed the I SO test method was the most appropriate for this program because the method is the sam e one used b y the NHTSA tire fuel efficiency consumer information program, 152 by European regulations, 153 and by the EPA SmartWay

program. The NPRM also discussed the potential for tire - to - tire variability to confound rolling resistance measurement results f or LRR tires

– that is, different tires of the same tire model could turn out to have different rolling resistance measurements when run on the same test. NHTSA’s research during the development of the light - dut y vehicle tire fuel efficiency

consumer info rmation program identified several sources of variability including test procedures, test equipment and the tires themselves, but found that all of the existing test methods had similar levels of and sources of variability . 154 The agencies proposed to addre ss production tire - to - tire variability by specifying that three tire samples within each tire model be tested three times each , and that the average of the nine tests would be used as the Rolling Resistance Coefficient ( CRR) for the tire , which would be th e basis for the rolling resistance value for that tire that the manufacturer would enter into the GEM. The agencies requested comment on this proposed method. 155 The agencies received many comments on the subject of tire rolling resistance , including sugges tions for alternative test procedures and compliance issues . Regarding whether the agencies should base tire CRR inputs for the GEM on the use of the I SO 28580 test procedure, the American Automotive Policy Council (AAPC) argued that the agencies should i nstead require the SAE J2452 Coastdown test method for calculating tire rolling resistance , which the commenter stated was preferred b y OEMs because it simulates the use of tires on actual vehicles rather than the I SO procedure which tests the tire by itse lf . The Rubber Manufacturers Association (RMA) argued, in contrast, that the agencies should use the SAE J1269 multi - point test, which is currentl y the basis for the EPA SmartWayTM CRR baseline values. RMA also argued that the SAE J1269 multi point test c an be used to accuratel y predict truck/bus tire CRR at various loads and inflations , including at the I SO 28580 load and inflation conditions , and that therefore the agencies should use the SAE test, or if the agencies want to use I SO, they should accept results from the SAE test and just correlate them . Regarding compliance obligations, RMA further argued that it was not clear how or in what format testing information

151 See http://www.iso.org/iso/iso

_ catalogue/catalogue

_tc/catalogue

_ detail.htm?csnumber=44770. 152 75 FR 15893, March 30,2010 153 See http://www.energy.ca.gov/2009publ ications/CEC - 600 - 2009 - 010/CEC - 600 - 2009 - 010 - SD - REV.PDF (last accessed May 9, 2011) 154 75 FR 15893, March 30, 2010 155 See generally 75 FR at 74204.***** E.O. 12866 Review**
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165 of 971 would need to be provided in order to be in compliance with the proposed requirement at §1037.125(i) . The agencies analyzed many comments on the subject of tire rolling resistance . One of the primary

concerns raised in comments was that the proposed test protocol and measurement methodology would not adequatel y address production tire varia bility and measurement variability . Commenters stated that machine - to - machine differences are a significant source of variation, and this variation would make it difficult for manufacturers to be confident that the agency would assign the same CRR to a ti re was tested for compliance purposes. Commenters argued that the I SO 28580 test method is unique in that it specifies a procedure to correlate results between different test equipment ( i.e., different rolling resistance test machines), but not all aspect s of the I SO procedure have been completely defined. Commenters stated that under ISO 28580, the lab alignment procedure depends on the specification of a reference test machine to which all other labs will align their measurement results. RMA particularly emphasized the need for establishing a tire testing reference lab for use with ISO 28580, referencing the European T yr e and Rim Technical Organization (ETRTO) estimate that CRR values could vary

as much as 20 percent absent an inter - laboratory alignment procedure. RMA stated the agencies should specify a reference laboratory

with the designation proposed in a supplemental notice that provides public comment. In addition, RMA commented that the extra burden proposed by the agencies for testing three tir es, three times each is nine times more burdensome than what is required through the ISO procedure. Based on the additional tire rolling resistance research conducted by the agencies , we have decided to use the I SO 28580 test procedure , as proposed , to mea sure tire performance for th e s e final rule s . The agencies believe this test procedure provides two advantages over other test methods. First, the I SO 28580 test method is unique in that it specifies a procedure to correlate results between different test e quipment (i.e., different tire rolling resistance test machines). This is important because NHTSA’s research conducted for the light - duty tire fuel efficiency

program indicated that machine - to - machine differences are a source of variation. 156 In addition, the I SO 28580 test procedure is either used, or proposed to be used, by several groups including the European Union through Regulation (EC) No 661/2009 157 and the California Air Resources Board (CARB) through a staff recommendation for a California regulation , 158 and the EPA SmartWay program. Using the I SO 28580 may

help reduce burden on manufacturers b y allowing a single test protocol to be used for multiple regulations and programs. While we recognize that commenters recommended the use of other tes t procedures, like SAE J1269, the agencies have determined there is no established data conversion method from the SAE J1269 vehicle condition for vocational vehicle tires to the I SO 28580 single point condition at this time, and that given our reasonable preference for the ISO procedure, it would not be 156 75 FR 15893, March 30, 2010 157 See http://eur - lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2009:200:0001:0024:EN:PDF (last accessed May 8, 2011). 158 See http://www.energy.ca.gov/2009publications/CEC - 600 - 2009 - 010/CEC - 600 - 2009 - 010 - SD - REV.PDF (last accessed May 9, 2011 )***** E.O. 12866 Review**
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166 of 971 practical to attempt to include the use of the SAE J1269 procedure as an optional way of determining CRR values for the GEM inputs . The agencies received comments from the Rubber Manufacturers Association , Michelin, and Bridgestone which identified the need to develop a reference lab and alignment tires. Because the I SO has not y et specified a reference lab and machine for the I SO 28580 test procedure, NHTSA announced in its March 2010 final rule concerni ng the light - dut y tire fuel efficiency consumer information program that NHTSA would specify

this laboratory

for the purposes of implementing that rule so that tire manufacturers would know the identity of the machine against which they may correlate their test results. NHTSA has not y et announced the reference test machine(s) for the tire fuel efficiency

consumer information program. Therefore, for the light - duty tire fuel efficiency rule, the agencies are postponing the specification of a procedure for machine to - machine alignment until a tire reference lab is established. The agencies anticipate establishing this lab in the future with intentions for the lab to accommodate the light duty tire fuel efficiency

program. Under the ISO 28580 lab alignment procedure, machine alignment is conducted using batches of alignment tires of two models with defined differences in rolling resistance that are certified on a reference test machine. I SO 28580 specifies requirements for these alignment tires ( “ Lab Alignment Tires ” or LATs), but exact tire sizes or models of LATs are not specificall y identified in I SO 28580. Because the test procedure has not been finalized and heav y - dut y LATs are not currently defined , the agencies are postponing the use of these elements of I SO 28580 to a future rulemaking . The agencies also note the lab - to - lab comparison conducted in the most recent EPA tire test program mentioned previously . The agencies reviewed the CRR data from the tires that were tested at both the STLand Smithers laboratories to assess inter - laboratory and machine variability . The agencies conducted statistical anal ys is of the data to gain better understanding of lab - to - lab correlation and developed an adjustment factor for data measured at each of the test labs. Based on these results, the agencies believe the lab - to lab variation for the STL and Smithers laboratories would have very small effect on measured CRR values. Based on the test data, the agencies judge that it is reasonable to implement the HD program with current levels of variability , and to allow the use of either Smithers or STLlaboratories for determining the CRR value in the HD program, or demonstrate that the test facilities will not bias results low relative to Smithers or STL laboratories. RMA also commented that the extra burden proposed by the agencies for testing three tires, three times each is nine times more burdensome than what is required through the I SO procedure. Since the proposal, EPA obtained replicate test data for a number of Class 8 combination tractor tires from various manufacturers. Some of these were tires submitted to SmartWay

for verification, while some were tires tested b y manufacturers for other purposes. Three tire model samples for 11 tire models were tested usin g the ISO 28580 test. 159 A mean and a standard deviation were calculated for each set of three

159 Bachman, Joseph. EPA Memorandum to the Docket. Heavy - Duty Tire Evaluation. D ocket EPA - HQ OAR - 2010 - 0162. July 2011.***** E.O. 12866 Review**
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167 of 971 replicate measurements performed on each tire of the 3 - tire sample. The coefficient of variability

(COV) of the CRR was calculated b y dividing the standard deviation by the mean. The values of COV ranged from 0 percent (no measurable variability) to six percent. In addition, during the period September 2010 and June 2011, EPA contracted with Smithers - Rapra to select and test for rolling resistance using ISO 2858 0 for a representative sample of Class 4 - 8 vocational vehicle tires. As part of the test, 10 tires were selected for replicate testing. 160 Three replicate tests were conducted for each of the tires, to evaluate test variability only . The COV of the RR C re sults ranged from nearl y 0 to 2 percent, with a mean of less than 1 percent. Based on the results of these two testing programs, the agencies determined that the impact of production variability is greater than the impact of measurement variability . Thus , the agencies concluded that the extra burden of testing a single tire three times was not necessary to obtain accurate results, but the variability

of RR C results due to manufacturing of the tires is significant to continue to require testing of three ti re samples for each tire model. In summary , we are allowing manufacturers to determine the rolling resistance coefficient of the heav y - duty tires b y testing three tire samples one time each. For the final rules , the agencies are also including a warm up cycle as part of the procedure for bias ply

tires to allow these tires to reach a steady temperature and volume state before ISO 28580 testing. This procedure is similar to a procedure that was developed for the light - duty tire fuel efficiency consumer i nformation program, and was adopted from a procedure defined in Federal motor vehicle safety standard No. 109 (FMVSS No. 109). 161 Finally , the agencies are includ ing testing and reporting for ‘single - wide’ or ‘super - single’ ty

pe tires. These tires replace th e traditional ‘dual’ wheel tire combination with a single wheel and tire that is nearl y as wide as the dual combination with similar load capabilities. These tire ty pes were developed as a fuel saving technology . The tires provide lower rolling resistanc e along with a reduction in weight when compared to a ty pical set of dual wheel tire combinations; and are one of the technologies included in the EPA SmartWayTM program. The agencies have learned that there is limited testing equipment available that is capable of testing single wide tires; single wide tires require a wider test machine drum than required for conventional tires. Although the number of machines available is limited, the agencies believe the equipment is adequate for the testing and report ing of CRR for this program. As discussed above, the agencies are taking the approach of using CRR for the HD fuel efficiency

and greenhouse gas program to align with the measurement methodology

alread y employed or proposed b y the EPA SmartWay program, the European Union Regulation (EC) No 661/2009 162 and the California Air Resources Board (CARB) through a staff recommendation for a California regulation . 163 Inthe NPRM, the agencies proposed to use CRR , but for purposes of developing these final rules, the 160 Bachman, Joseph. EPA Memorandum to the Docket. Heavy - Duty Tire Evaluation. Docket EPA - HQ OAR - 2010 - 0162. July 2011. 161 See 49 CFR 571.109. 162 See Note 157 , above. 163 See Note 158 , above.***** E.O. 12866 Review**
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168 of 971 ag encies also evaluated whether to use CRR or Rolling Resistance Force (RRF ) as the measurement for tire rolling resistance for the GEM input. The agencies considered RRF largel y because i n the NPRM for Passenger Car Tire Fuel Efficiency (TFE) program, NHTSA had propos ed to use RRF . A key distinction between these two programs, and their associated metrics, are the differences in how the measurement data are used and who uses the data. In particular, the HD fuel efficiency and GHG emissions program is a compliance program using information developed by and for technical personnel at manufacturers and agencies to determine a vehicle’s compliance with regulations. The TFE program , in contras t, is a consumer education program intended to inform consumers making purchase decisions regarding the fuel saving benefits of replacement passenger car tires . The target audiences are much different for the two programs which in turn affect how the info rmation will be used . The agencies believe that RRF may be more intuitive for non - technical people because tires that are larger and/or that carry higher loads will generally have numerically higher RRF values than smaller tires and/or tires that carry

low er loads. CRR values generally follow an opposite trend, where tires that are larger and/or carry higher loads will generally have numerically

lower CRR values than smaller tires and/or tires that carry lower loads. The agencies believe this key distinct ion helps define the ty pe of metrics to be used and communicated in accordance with their respective purposes. Additionally , the CRR metric for use in the MD/HD program is not susceptible to the skew associated with tire diameter. Medium - and heav y - dut y v ehicle tires are available in a small fraction of the tire sizes of the passenger market and, for the most part, are larger tires than those found on passenger cars. When viewing CRR over a larger range of sizes, small diameter tires tend to appear as hav ing a lower performance, which is not necessarily

accurate, with the converse occurring as the diameter increases. U sing the CRR value for determining the rolling resistance also takes into account the load carrying capab ility for the tire being tested, which, i ntuitively , can lead to some potentially

confusing results. Several vocational vehicle manufacturers argued in their comments that LRR tires were not available for, e.g. , vehicles like refuse trucks, which tend to use large diameter tires to carry very heavy loads. Based on the agencies’ testing, in fact, the measured CRR (as opposed to the RRF ) for refuse trucks were found to be among the best tested. This finding can be explained by considering that CRR is calculated b y dividing the measured rol ling resistance force b y the tire ’ s load capacit y rating. Although the tire may have a relativel y high rolling resistance force, the tire load capacity rating is also very

high, resulting in an overall lower (better) CRR value than many other ty pes of tir es. The amount of load tire can carry (test load) contributes to a very low reported CRR , thus confirming low rolling resistance tires meeting the standards, as measured by CRR , are available to the industry regardless of segment or application . Based on these considerations, the agencies have decided to use the CRR metric for the HD fuel efficiency and GHG emissions program.***** E.O. 12866 Review**
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169 of 971 (c) Defined Vehicle Configurations in the GEM As discussed above, the agencies are finalizing a methodology that chassis manufacturers will use to quantify the tire rolling resistance values to be input into the GEM. Moreover, the agencies are defining the remaining GEM inputs ( i.e., specifying them by rule), which differ by

the regulatory

subcategory

(for reasons described in the RIA Ch apter 4). The defined inputs , among others, include the drive cycle, aerod ynamics, vehicle curb weight, payload, engine characteristics, and drivetrain for each vehicle t ype. (i ) Metric Based on NAS’s recommendation and feedback from the heav y - dut y truck indu stry , NHTSA and EPA proposed standards for vocational vehicles that would be expressed in terms of moving a ton of payload over one mile. Thus, NHTSA’s proposed fuel consumption standards for these vehicles would be represented as gallons of fuel used to move one ton of payload one thousand miles, or gal/1,000 ton - mile. EPA’s proposed CO 2 vehicle standards would be represented as grams of CO 2 per ton - mile. The agencies received comments that a payload - based metric is not appropriate for all ty pes of vocat ional vehicles, specificall y buses. The agencies recognize that a payload - based approach may

not be the most representative of an individual vocational application; however, it best represents the broad vocational category . The metric which we proposed treats all vocational applications equall y and requires the same technologies be applied to meet the standard. Thus, the agencies are adopting the proposed metric, but will revisit the issue of metrics in any future action, if required, depending on the breadth of each standard. (ii) Drive cycle The drive cycles proposed for the vocational vehicles consisted of the same three modes used for the Class 7 and8 combination tractors. The proposed cycle included the Transient mode, as defined by California ARB in the HHDDT cycle, a constant speed cycle at 65 mph and a 55 mph constant speed mode. The agencies proposed different weightings for each mode for vocational vehicles than those proposed for Class 7 and 8 combination tractors, given the known difference in dri ving patterns between these two categories of vehicles. The same reasoning underlies the agencies’ use of the Heav y - dut y FTP cycle to evaluate compliance with the standards for diesel engines used in vocational vehicles. The variet y of vocational vehicle applications makes it challenging to establish a single cycle which is representative of all such trucks. However, in aggregate, the vocational vehicles t ypically operate over shorter distances and spend less time cruising at highway

speeds than combinati on tractors. The agencies evaluated for proposal two sources for mode weightings, as detailed in RIA Chapter 3. The agencies proposed the mode weightings based on the vehicle speed characteristics of single unit trucks used in EPA’s MOVES model which wer e developed using Federal Highway Administration***** E.O. 12866 Review**
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170 of 971 data to distribute vehicle miles traveled b y road t ype. 164 The proposed weighted CO 2 and fuel consumption value consisted of 37 percent of 65 mph Cruise, 21 percent of 55 mph Cruise, and 42 percent of Transie nt performance. The agencies received comments stating that the proposed drive cycles and weightings are not representative of individual vocational applications, such as buses and refuse haulers. A number of groups commented that the vocational vehicle c ycle is not representative of real world driving and recommended changes to address that concern. Several organizations proposed the addition of new drive cycles to make the test more representative. Bendix suggested using the Composite International Tr uck Local and Commuter Cycle ( CIL CC ) as the general purpose mixed urban/f r eeway cycles and to use four representative cycles: mixed urban, f r eeway , cit y bus, refuse, and utility . Bendix suggested using the Standardized On - Road Test (SORT) cycles for vocat ional vehicles operating in the urban environment in addition to SORT cycles for 3 different vocations

– with separate weightings. They stated that SORT with an average speed of 11.2 mph, lines up most closely

with the average of transit bus duty cycles at 9.9 mph as well as the overall US National average of 12.6 mph. As alternative approaches they suggested adopting the Orange County dut y c ycl e for the urban transit bus vocation , or creating an Urban Transit Bus cycle with several possible weighting fac tors

– all with very high percentage transient (90% to 100%), very low 55 mph (0% to 7%), very low 65 mph (0% to 3%), and an average speed of 15 to 17 mph. Bendix supported their assertions about urban bus vehicle speed with data from the 2010 American Pu blic Transportation Association (APTA) ‘ Fact Book ’ and other sources. In contrast, Bendix stated, the GEM cycle average speed is currentl y 32.6 mph. Such high speeds at steady state will penalize technologies such as h yb ridization. Clean A ir Task Force s aid the agencies have not adequatel y addressed the diversity of the vocational vehicle fleet since they are not distinguished b y different dut y cycles. They

urged the agencies to sub - divide vocational vehicle s by expected use, with separate test cycles fo r each sub - group in order to capture the full potential benefits of hy bridization and other advanced technologies in a meaningful and accurate way in future rulemakings for MY2019 and later trucks. Two groups cautioned that unintended consequences could result from the lack of diversity in dut y c ycl es. DTNA said that the single drive cycle proposed for all vehicles by the agencies would likely lead to unintended consequences - such as customers being driven for regulatory

reasons to purchase a transmiss ion that does not suit their actual operation. Similarly , Volvo said medium - and heavy - duty vehicles are uniquely

built for specific applications but it will not be feasible to develop regulatory protocols that can accuratel y predict efficiency in each ap plication duty cycle. This trade - off could result in unintended or negative consequences in parts of the market.

164 The Environmental Protection Agency. Draft MOVES2009 Highway Vehicle Population and Activity Data . EPA - 420 - P - 09 - 001, August 2009 http://www.epa.gov/otaq/models/moves/techdocs/420p09001.pdf***** E.O. 12866 Review**
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171 of 971 Several commenters suggested changing the weightings of the cycle to more accuratel y reflect real world driving. Allison stated that the vocational vehicle cycle includes too much steady state driving time. They suggested (with supporting data from the Oakridge National Laboratory analy sis) reducing steady state driving at 60 mph to minimal or no time on the cycle to address this problem. All ison commented that GEM contains length y accelerations to reach 55 and 65 miles per hour

– much longer than is required in real world driving. They supported this statement with data from a testing program conducted at Oakridge National Laboratory showing medium - and heav y - dut y vehicles accelerate more rapidly than in the GEM drive cycle. According to Allison, this long acceleration time in the GEM, coupled with too much steady state operation with very little variation, is not representative of vocationa l vehicle operation. In addition, Allison said that the GEM does not adequatel y account for shift time, clutch profile, turbo lag, and other impacts on both steady state and transient operation. The impact, they state, is that the cycle will hinder prope r deploy ment of technologies to reduce fuel consumption and GHG emissions. BAE focused their comments on urban transit bus operation. They stated the weighting factors for steady state operation are inconsistent with urban transit bus cycles. Other commenters suggested the agencies develop chassis dy namometer tests based on the engine (FTP) test. Cummins said that chassis dy namometer testing should allow the use of average vehicle characteristics to determine road load and make use of the vehicle FTP and SET cycles. Others commented that the correlation between the FTP and the UDDS is poor. After careful consideration of the comments, the agencies are adopting the proposed drive cycles. The final drive cycles and weightings represent the straight truck o perations which dominate the vehicle miles travelled by vocational vehicles. The agencies do not believe that application - specific drive cycles are required for this final action because the program is based on the generally - applicable use of low rolling resistance tires. The drive cycles that we are adopting treat all vocational applications equally predicate standard stringency on use of the same technology (LRR tires) to meet the standard. The drive cycles in the final rule accuratel y reflect the perf ormance of this technology . The agencies are also finalizing, as proposed, the mode weightings based on the vehicle speed characteristics of single unit trucks used in EPA’s MOVES model which were developed using Federal Highway Administration data to dis tribute vehicle miles traveled b y road t ype. 165 Similar to the issue of metrics discussed above, the agencies may

revisit drive cycles and weightings in any future regulatory

action to develop standards specific to applications. (iii) Empty Weight and Payload The total weight of the vehicle is the sum of the tractor curb weight and the payload. The agencies are proposed to specify each of these aspects of the vehicle. The

165 The Environmental Protection Agency. Draft MOVES2009 Highway Vehicle Population and Activity Data. EPA - 420 - P - 09 - 001, August 2009 http://www.epa.gov/otaq/models/mo ves/techdocs/420p09001.pdf***** E.O. 12866 Review**
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172 of 971 agencies developed the proposed vehicle curb weight inputs based on industry information de veloped by I CF. 166 The proposed curb weights were 10,300 pounds for the LH D trucks, 13,950 pounds for the MH D trucks, and 29,000 pounds for the HH D trucks. NHTSA and EPA proposed payload requirements for each regulatory category developed from Federal Highway statistics based on averaging the payloads for the weight categories represented within each vehicle subcategory . 167 The proposed payloads were 5,700 pounds for the Light Heavy - Duty trucks, 11,200 pounds for Medium Heav y - Dut y trucks, and 38,000 poun ds for Heav y Heav y - Dut y trucks. The agencies received comments from several stakeholders regarding the proposed curb weights and payloads for vocational vehicles. BAE said a Class 8 transit bus has a ty

pical curb weight of 27,000 pounds and max imum payl oad of 15,000 pounds. Daimler commented that Class 8 buses have a GVWR of 42,000 pounds. Autocar said that Class 8 refuse trucks ty pical ly have a curb weight of 31,000 to 33,000 pounds, ty pical average payload of 10,000 pounds, and typical maximum payloa d of 20,000 pounds . Upon further consideration, the agencies are reducing the assigned weight of heav y heav y - dut y vocational vehicle s . While we still believe the proposed values are appropriate for some vocational vehicles, we reduced the total weight to bring it closer to some of the lighter vocational vehicles. The agencies are adopting final curb weights of 10,300 pounds for the LHD trucks, 13,950 pounds for the MHD trucks, and 27,000 pounds for the HHD trucks. The agencies are also adopting payloads of 5,700 pounds for the L ight Heavy - Dut y trucks, 11,200 pounds for Medium Heav y - Dut y trucks, and 15,000 pounds for Heav y Heav y - Duty trucks. Additional information is available in RIA Chapter 3. (iv) Engine As the agencies are finalizing separate engine and veh icle standards, the GEM will be used to assess the compliance of the chassis with the vehicle standard. To maintain the separate assessments, the agencies are adopting the proposed approach of using fixed values that are predefined b y the agencies for the engine characteristics used in GEM, including the fuel consumption map which provides the fuel consumption at hundreds of engine speed and torque points. If the agencies did not standardize the fuel map, then a vehicle that uses an engine with emissions and fuel consumption better than the standards would require fewer vehicle reductions than those being finalized. As proposed, the agencies are using diesel engine characteristics in the GEM, as most representative of the largest fraction of engines in th is market. The agencies did not receive an y adverse comments to using this approach.

166 ICF International. “Investigation of Costs for Strategies to Reduce Greenhouse Gas Emissions for Heavy - Duty On - Road Vehicles.” July 2010. Pages 16 - 20. Docket ID# EPA - HQ - OAR - 2010 - 0162 - 0044. 167 The U.S. Federal Highway Admini stration. Development of Truck Payload Equivalent Factor. Table 11. Last viewed on March 9, 2010 at http://ops.fhwa.dot.gov/freight/freight_analysis/faf/faf2_reports/reports9/s510_11_12_tables.htm***** E.O. 12866 Review**
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173 of 971 The agencies are finalizing two distinct sets of fuel consumption maps for use in GEM. The first fuel consumption map would be used in GEM for the 2014 through 2016 mo del years and represent a diesel engine which meets the 2014 model year engine CO 2 emissions standards. A second fuel consumption map would be used beginning in the 2017 model year and represents a diesel engine which meets the 2017 model year CO 2 emissio ns and fuel consumption standards and accounts for the increased stringency in the final MY 2017 standard). The agencies have modified the 2017 MY heav y heav y duty diesel fuel map used in the GEM for the final rulemaking to address comments received. Det ails regarding this change can be found in RIA Chapter 4.4.4. Effectivel y there is no change in stringency of the vocational vehicle standard (not including the engine) between the 2014 MY and 2017 MY standards for the full rulemaking period. These input s are reasonable (indeed, seemingl y necessitated) given the separate final regulatory

requirement that vocational vehicle chassis manufacturers use only certified engines. (v) Drivetrain The agencies’ assessment of the current vehicle configuration process at the truck dealer’s level is that the truck companies provide software tools to specify the proper drivetrain matched to the buyer’s specific circumstances. These dealer tools allow a significant amount of customization for drive cycle and payload to prov ide the best specification for the customer. The agencies are not seeking to disrupt this process. Optimal drivetrain selection is dependent on the engine, drive cycle (including vehicle speed and road grade), and payload. Each combination of engine, drive cycle, and payload has a single optimal transmission and final drive ratio. The agencies are specifying the engine’s fuel consumption map, drive cycle, and payload; therefore, it makes sense to specify

the drivetrain that matches. (d ) Engine Metrics and Test Procedures EPA proposed that the GHG emission standards for heav y - dut y engines under the CAA would be expressed as g/bhp - hr while NHTSA’s proposed fuel consumption standards under EI SA, in turn, be represented as gal/100 bhp - hr. The NAS panel did no t specificall y discuss or recommend a metric to evaluate the fuel consumption of heav y duty engines. However, as noted above they did recommend the use of a load - specific fuel consumption metric for the evaluation of vehicles. 168 An analogous metric for en gines is the amount of fuel consumed per unit of work. The g/bhp - hr metric is also consistent with EPA’s current standards for non - GHG emissions for these engines. The agencies did not receive any adverse comments related to the metrics for HD engines; therefore, we are adopting the metrics as proposed. With regard to GHG and fuel consumption control, the agencies believe it is appropriate to set standards based on a single test procedure, either the Heavy - dut y FTP or SET, depending on the primary expec ted use of the engine. EPA’s criteria pollutant standards for engines currently require that manufacturers demonstrate compliance over

168 See NAS Report, Note **21** , at page 39.***** E.O. 12866 Review**
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174 of 971 the transient Heav y - dut y FTP cycle; over the steady - state SET procedure; and during not to - exceed testing. EPA created this multi - layered approach to criteria emissions control in response to engine designs that optimized operation for lowest fuel consumption at the expense of very

high criteria emissions when operated off the regulatory cy cle. EPA’s use of multiple test procedures for criteria pollutants helps to ensure that manufacturers calibrate engine s ys tems for compliance under all operating conditions. We are not concerned if manufacturers further calibrate these engines off cycle to give better in - use fuel consumption while maintaining compliance with the criteria emissions standards as such calibration is entirely consistent with the goals of our joint program. Further, we believe that setting standards based on both transient and steady - state operating conditio ns for all engines could lead to undesirable outcomes. It is critical to set standards based on the most representative test cycles in order for performance in - use to obtain the intended (and feasible) air qualit y and fuel consumption benefits. We are f inalizing standards based on the composite Heav y - duty FTP cycle for engines used in vocational vehicles reflecting these vehicles’ primary use in transient operating conditions ty pified b y frequent accelerations and decelerations as well as some steady cru ise conditions as represented on the Heavy - dut y FTP. The primary reason the agencies are finalizing two separate diesel engine standards

– one for diesel engines used in tractors and the other for diesel engines used in vocational vehicles

-- is to encour age engine manufacturers to install engine technologies appropriate to the intended use of the engine with the vehicle. The current non - GHG emissions engine test procedures also require the development of regeneration emission rates and frequency factors t o account for the emission changes during a regeneration event (40 CFR 86.004 - 28). EPA and NHTSA proposed not to include these emissions from the calculation of the compliance levels over the defined test procedures. Cummins and Daimler supported and stated sufficient incentives alread y exist for manufacturers to limit regeneration frequency . Conversely , Volvo opposed the omission of IRAF requirements for CO 2 emissions because emissions from regeneration can be a significant portion of the expected impro vement and a significant variable between manufacturers For the proposal, we considered including regeneration in the estimate of fuel consumption and GHG emissions and decided not to do so for two reasons. First, EPA’s existing criteria emission regulati ons alread y provide a strong motivation to engine manufacturers to reduce the frequency and duration of infrequent regeneration events. The very stringent 2010 NO X emission standards cannot be met b y engine designs that lead to frequent and extend regener ation events. Hence, we believe engine manufacturers are already reducing regeneration emissions to the greatest degree possible. In addition to believing that regenerations are already controlled to the extent technologically possible, we believe that attempting to include regeneration emissions in the standard setting could lead to an inadvertentl y lax emissions standard. In order to include regeneration and set appropriate standards, EPA and NHTSA would have needed to project the regeneration frequenc y and duration of future engine designs in the time frame of this program. Such a projection would be inherentl y difficult to make and quite likely would underestimate the progress engine manufacturers will make in reducing infrequent regenerations. If w e underestimated that progress, we would effectivel y be setting a more lax set of standards than otherwise would be expected. Hence in setting a***** E.O. 12866 Review**
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175 of 971 standard including regeneration emissions we faced the real possibility that we would achieve less effective C O 2 emissions control and fuel consumption reductions than we will achieve b y not including regeneration emissions. Therefore, the agencies are finalizing an approach as proposed which does not include the regenerative emissions. (e) Hybrid Powertrain Technology Although the final vocational vehicle standards are not premised on use of hy brid powertrains, certain vocational vehicle applications may be suitable candidates for use of hy brids due to the greater frequency of stop - and - go urban operation and their u se of power take - off (PTO) s ystems. Examples are vocational vehicles used predominantly in stop - start urban driving (e.g., delivery trucks). As an incentive, the agencies are finalizing to provide credits for the use of h ybrid powertrain technology as de scribed in Section IV. Under the advanced technology credit provisions, credits generated b y use of hy brid powertrains could be used to meet an y of the heav y - dut y standards, and are not restricted to the averaging set generating the credit, unlike the oth er credit provisions in the final rules. The agencies are finalizing that any credits generated using such advanced technologies could be applied to an y heavy - duty vehicle or engine, and not be limited to the averaging set generating the credit. Section IV below also details the final approach to account for the use of a h yb rid powertrain when evaluating compliance with the vehicle standard. In general, manufacturers can derive the fuel consumption and CO 2 emissions reductions based on comparative test r esults using the final chassis testing procedures. **(3) Summary of**  **Final F**  **lexibility and**  **C redit**  **P rovisions**  EPA and NHTSA are finalizing four flexibility provisions specifically

for heavy duty vocational vehicle and engine manufacturers, as discussed in Section IV below. These are an averaging, banking and trading program for emissions and fuel consumption credits, as well as provisions for early credits, advanced technology credits, and credits for innovative vehicle or engine technologies which are not included as inputs to the GEM or are not demonstrated on the engine FTP test cycle. With the exception of the advanced technology

credits, credits generated under these provisions can only be used within the same averaging set which generated the credit (for example, credits generated by HHD vocational vehicles can onl y be used b y HHD vehicles). EPA is also adopting a temporary

provision whereb y N 2 O emission credits can be used to comply with the CO 2 emissions standard, as described in Section IV below. **(4) Deferral of**  **S tandards for**  **S mall**  **Chassis M**  **anufacturing Business**  **and Small**  **Business Engine C**  **om panies**  EPA and NHTSA are finalizing an approach to defer greenhouse gas emissions and fuel consumption standards from small vocational vehicle chassis manufacturers meeting the SBA size criteria of a small business as described in 13 CFR 121.201 (see 40 CFR 1036.150 and 1037.150). The agencies will instead consider appropriate GHG and fuel consumption standards for these entities as part of a future regulatory actio n. This***** E.O. 12866 Review**
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176 of 971 includes both U.S. - based and foreign small volume heav y - dut y truck and engine manufacturers. The agencies have identified ten chassis entities that appear to fit the SBA size criterion of a small business. 169 The agencies estimate that these small entities comprise less than 0.5 percent of the total heav y - dut y vocational vehicle market in the United States based on Polk Registration Data from 2003 through 2007, 170 and therefore that the exemption will have a negligible impact on the GHG emissions and fu el consumption improvements from the final standards. EPA and NHTSA have also identified three engine manufacturing entities that appear to fit the SBA size criteria of a small business based on company information included in Hoover’s. 171 Based on 2008 and 2009 model y ear engine certification data submitted to EPA for non - GHG emissions standards, the agencies estimate that these small entities comprise less than 0.1 percent of the total heav y - dut y engine sales in the United States. The final exemption fr om the standards established under this rulemaking would have a negligible impact on the GHG emissions and fuel consumption reductions otherwise due to the standards. To ensure that the agencies are aware of which companies would be exempt, we are finali zing as proposed to require that such entities submit a declaration to EPA and NHTSA containing a detailed written description of how that manufacturer qualifies as a small entity

under the provisions of 13 CFR 121.201, as d escribed in Section V below. 

### E. **Ot her Standards**  In addition to finalizing CO 2 emission standards for heav y - dut y vehicles and engines, EPA is also finalizing separate standards for N 2 O and CH 4 emissions. 172 NHTSA is not finalizing comparable separate standards for these GHGs because they ar e not directly

related to fuel consumption in the same way that CO 2 is, and NHTSA’s authority under EISA exclusively relates to fuel efficiency . N 2 O and CH 4 are important GHGs that contribute to global warming, more so than CO 2 for the same amount of emis sions due to their high Global Warming Potential (GWP). 173 EPA is finalizing N 2 O and CH 4 standards which apply to HD pickup trucks and vans as well as to all heavy - dut y

169 The agencies have identified Lodal, Indiana Phoenix, Autocar LLC, HME, Giradin, Azure Dynamics, DesignLine International, Ebus, Krystal Koach, and Millenium Transit Services LL C as potential small business chassis manufacturers. 170 M.J. Bradley. Heavy - duty Vehicle Market Analysis. May 2009. 171 The agencies have identified Baytech Corporation, Clean Fuels USA, and BAF Technologies, Inc. as three potential small businesses. 172 NHTS A's statutory responsibilities relating to reducing fuel consumption are directly related to reducing CO 2 emissions, but not to the control of other GHGs. 173 The global warming potentials (GWP) used in this rule are consistent with the 2007 Intergovernmenta l Panel on Climate Change (IPCC) Fourth Assessment Report (AR4). At this time, the 1996 IPCC Second Assessment Report (SAR) GWP values are used in the official U.S. greenhouse gas inventory submission to the United Nations Framework Convention on Climate Change ( per the reporting requirements under that international convention). N 2 O has a GWP of 298 and CH 4 has a GWP of 25 according to the 2007 IPCC AR4 .***** E.O. 12866 Review**
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177 of 971 engines. EPA is not finalizing N 2 O and CH 4 standards for the Class 7 and 8 tractor or Class 2b - 8 chassis manufacturers because these emissions would be controlled through the engine program. EPA requested comment on possible alternative CO 2 equivalent approaches to provide near - term flexibility for 2012 - 14 MY light - duty vehicles. As describ ed below, EPA is finalizing alternative provisions allowing manufacturers to use CO 2 credits, on a CO 2 - equivalent (CO 2 eq) basis, to meet the N 2 O and CH 4 standards, which is consistent with many

commenters’ preferred approach. Almost universally

across current engine designs, both gasoline - and diesel fueled, N 2 O and CH 4 emissions are relativel y low today and EPA does not believe it would be appropriate or feasible to require reductions from the levels of current gasoline and diesel engines . This is becau se for the most part, the same hardware and controls used by heavy - dut y engines and vehicles that have been optimized for non - methane hydrocarbon (NMHC) and NO X control indirectly result in highl y effective control of N 2 O and CH 4 . Additionally , unlike cri teria pollutants, specific technologies beyond those presentl y implemented in heav y - dut y vehicles to meet existing emission requirements have not surfaced that specificall y target reductions in N 2 O or CH 4 . Because of this, reductions in N 2 O or CH 4 beyond current levels in most heavy - duty applications would occur through the same mechanisms that result in NMHC and NO X reductions and would likely result in an increase in the overall stringency of the criteria pollutant emission standards. Nevertheless, it i s important that future engine technologies or fuels not currentl y researched do not result in increases in these emissions, and this is the intent of the final “cap” standards. The final standards would primarily function to cap emissions at today ’s level s to ensure that manufacturers maintain effective N 2 O and CH 4 emissions controls currently

used should they

choose a different technology path from what is currentl y used to control NMHC and NO X but also largel y successful methods for controlling N 2 O and CH 4 . As discussed below, some technologies that manufacturers may adopt for reasons other than reducing fuel consumption or GHG emissions could increase N 2 O and CH 4 emissions if manufacturers do not address these emissions in their overall engine and afte rtreatment design and development plans. Manufacturers will be able to design and develop the engines and aftertreatment to avoid such emissions increases through appropriate emission control technology selections like those already used and available tod ay . Because EPA believes that these standards can be capped at the same level, regardless of ty pe of HD engine involved, the following discussion relates to all ty pes of HD engines regardless of the vehicles in which such engines are ultimatel y used. In addition, since these standards are designed to cap current emissions, EPA is finalizing the same standards for all of the model years to which the rules apply . EPA believes that the final N 2 O and CH 4 cap standards will accomplish the primary goal of deter

ring increases in these emissions as engine and aftertreatment technologies evolve because manufacturers will continue to target current or lower N 2 O and CH 4 levels in order to maintain ty pical compliance margins. While the cap standards are set at levels that are higher than current average emission levels, the control technologies used today

are highl y effective and there is no reason to believe that emissions will slip to levels close to the cap, particularl y considering compliance margin***** E.O. 12866 Review**
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178 of 971 targets. The caps will protect against significant increases in emissions due to new or poorly implemented technologies. However, we also believe that an alternative compliance approach that allows manufacturers to convert these emissions to CO 2 eq emission values and c ombine them with CO 2 into a single compliance value would also be appropriate, so long as it did not undermine the stringency of the CO 2 standard. As described below, EPA is finalizing that such an alternative compliance approach be available to manufacturers to provide certain flexibilities for different technologies . EPA requested comments in the NPRM on the approach to regulating N 2 O and CH 4 emissions including the appropriateness of “cap” standards, the technical bases for the levels of the final N 2 O and CH 4 standards, the final test procedures, and the final timing for the standards. In addition, EPA requested any additional emissions data on N 2 O and CH 4 from current technology engines. We solicited additional data, and especiall y data for in - use veh icles and engines that would help to better characterize changes in emissions of these pollutants throughout their useful lives, for both gasoline and diesel applications. As is ty pical for EPA emissions standards, we are finalizing that manufacturers shou ld establish deterioration factors to ensure compliance throughout the useful life. We are not at this time aware of deterioration mechanisms for N 2 O and CH 4 that would result in large deterioration factors, but neither do we believe enough is known about these mechanisms to justify finalizing assigned factors corresponding to no deterioration, as we are finalizing for CO 2 , or for that matter to an y predetermined level. In addition to N 2 O and CH 4 standards, this section also discusses air conditioning - re lated provisions and EPA provisions to extend certification requirements to all - electric HD vehicles and vehicles and engines designed to run on ethanol fuel. **(1) What is EPA’s**  **Approach to C ontrolling N**  **2 O?**  N 2 O is a global warming gas with a GWP of 298. It acc ounts for about 0.3% of the current greenhouse gas emissions from heav y - duty trucks. 174 N 2 O is emitted from gasoline and diesel vehicles mainly during specific cataly st temperature conditions conducive to N 2 O formation. Specificall y, N 2 O can be generated during periods of emission hardware warm - up when rising catal ys t temperatures pass through the temperature window when N 2 O formation potential is possible. For current heav y - dut y gasoline engines with conventional three - way cataly st technology , N 2 O is not generall y produced in significant amounts because the time the catal ys t spends at the critical temperatures during warm - up is short. This is largel y due to the need to quickly reach the higher temperatures necessary for high cataly st efficiency to achiev e emission compliance of criteria pollutants. N 2 O formation is generall y onl y a concern with diesel and potentially

with future gasoline lean - burn engines with compromised NO X emissions control sy stems. If the risk for N 2 O formation is not factored into the design of the controls, these s ys tems can but need not be designed in a way that emphasizes efficient NO X control while allowing the formation of significant quantities of N 2 O. However, these future advanced gasoline and diesel technologies do not inh erently require N 2 O formation to properl y control NO X . Pathway s exist today that meet criteria emission

174 Value adapted from “Inventory of U.S. Greenhouse Gas Emissions and Sinks: 1990 - 2007. April 2009.***** E.O. 12866 Review**
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179 of 971 standards that would not compromise N 2 O emissions in future sy stems as observed in current production engine and vehicle testing 175 which would also work for future diesel and gasoline technologies. Manufacturers would need to use appropriate technologies and temperature controls during future development programs with the objective to optimize for both NO X and N 2 O control. Therefore, future designs and co ntrols at reducing criteria emissions would need to take into account the balance of reducing these emissions with the different control approaches while also preventing inadvertent N 2 O formation, much like the path taken in current heav y - duty compliant en gines and vehicles. Alternativel y, manufacturers who find technologies that reduce criteria or CO 2 emissions but see increases N 2 O emissions beyond the cap could choose to offset N 2 O emissions with reduction in CO 2 as allowed in the CO 2 eq option discussed in Section II.E.3. EPA is finalizing an N 2 O emission standard that we believe would be met by most current - technology

gasoline and diesel vehicles at essentially no cost to the vehicle, though the agency

is accounting for additional N 2 O measurement equip ment costs. EPA believes that heav y - dut y emission standards since 2008 model y ear, specifically the very stringent NO X standards for both engine and chassis certified engines, directly result in stringent N 2 O control. It is believed that the current emiss ion control technologies used to meet the stringent NO X standards achieve the maximum feasible reductions and that no additional technologies are recognized that would result in additional N 2 O reductions. As noted, N 2 O formation in current catal ys t sy stems occurs, but their emission levels are inherently

low, because the time the catal ys t spends at the critical temperatures during warm - up when N 2 O can form is short. At the same time, we believe that the standard would ensure that the design of advanced NO X control sy stems for future diesel and lean burn gasoline vehicles would control N 2 O emission levels. While current NO X control approaches used on current heavy - dut y diesel vehicles do not compromise N 2 O emissions and actuall y result in N 2 O control, we be lieve that the standards would discourage an y new emission control designs for diesels or lean - burn gasoline vehicles that achieve criteria emissions compliance at the cost of increased N 2 O emissions. Thus, the standard would cap N 2 O emission levels, with the expectation that current gasoline and diesel vehicle control approaches that comply with heavy - dut y vehicle emission standards for NO X would not increase their emission levels, and that the cap would ensure that future diesel and lean - burn gasoline veh icles with advanced NO X controls would appropriatel y control their emissions of N 2 O. (a ) Heavy -Duty Pickup Truck and Van N 2 O Exhaust Emission Standard EPA is finalizing the proposed per - vehicle N 2 O emission standard of 0. 0 5 g/mi, measured over the Light - duty FTP and HFET drive cycles. Similar to the CO 2 standard approach, the N 2 O emission level of a vehicle would be a composite of the Light - dut y FTP and HFET cycles with the same 55 percent city weighting and 45 percent highway weighting. The standard would b ecome effective in model year 20 14 for all HD pickups and vans that are subject to the CO 2 emission requirements. Averaging between vehicles would not be allowed. The standard is designed to prevent increases in N 2 O emissions from current levels, i.e., a no - backsliding standard.

175 Memorandum “N 2 O Data from EPA Heavy - Duty Testing”***** E.O. 12866 Review**
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180 of 971 The N 2 O standard level is approximately two times the average N 2 O level of current gasoline and diesel heav y - dut y trucks that meet the NO X standards effective since 2008 model year. 176 Manufacturers ty pically use design targets for NO X emission levels at approximately

50 percent of the standard, to account for in - use emissions deterioration and normal testing and production variability , and we expect manufacturers to utilize a similar approach for N 2 O emission compliance. We are not adopting a more stringent standard for current gasoline and diesel vehicles because the stringent heavy - dut y NO X standards already result in significant N 2 O control, and we do not expect current N 2 O levels to rise for these vehicles particularl y with expec ted manufacturer compliance margins. Diesel heav y - duty

pickup trucks and vans with advanced emission control technology

are in the early

stages of development and commercialization. As this segment of the vehicle market develops, the final N 2 O standard wo uld require manufacturers to incorporate control strategies that minimize N 2 O formation. Available approaches include using electronic controls to limit cataly st conditions that might favor N 2 O formation and considering different cataly st formulations. While some of these approaches may

have associated costs, EPA believes that they will be small compared to the overall costs of the advanced NO X control technologies already required to meet heav y - dut y standards. The light - dut y GHG rule requires that manufacturers begin testing for N 2 O by 2015 model year . The manufacturers of complete pickup trucks and vans (Ford, General Motors, and Chry sler) are already impacted b y the light - dut y GHG rule and will therefore have this equipment and capability in place for the timing of this rulemaking . Overall, we believe that manufacturers of HD pickups and vans (both gasoline and diesel) would meet the standard without implementing an y significantly new technologies, only

further refinement of their existing controls, and we do not expect there to be an y significant costs associated with this standard. (b ) Heavy - duty Engine N 2 O Exhaust Emission Standard EPA proposed a per engine N 2 O emissions standard of 0.05 g/bhp - hr for heavy duty engines, but is finalizing a standard of 0.10 g/bhp - hr based on additional data submitted to the agency

which better represents the full range of current diesel and gasoline engine performance. The final N 2 O standard becomes effective in 2014 model ye ar for diesel en gines, as proposed. However, EPA is finalizing N 2 O standards for gasoline engines that become effective in 2016 model year to align with the first year of the CO 2 gasoline engine standards. Without this alignment, manufacturers would not have an y flexibi lity , such as CO 2 eq credits, in meeting the N 2 0 cap and therefore would not have an y recourse to comply if an engine’s N 2 O emissions were above the standard. The standard remains the same over the useful life of the engine. The N 2 O emissions would be mea sured over the composite Heav y - duty FTP cycle because it is believed that this cycle poses the highest risk for N 2 O formation versus the additional heavy - dut y

176 Memorandum “N 2 O Data from EPA Heavy - Duty Testing.”***** E.O. 12866 Review**
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181 of 971 compliance cycles. The agencies received comments from industry suggesting that the N 2 O and CH 4 emissions be evaluated over the same test cycle required for CO 2 emissions compliance. In other words, the commenters wanted to have the N 2 O emissions measured over the SET for engines installed in tractors. The agencies are not adopting this approach fo r the final action because we do not have sufficient data to set the appropriate N 2 O level using the SET. The agencies are not requiring an y additional burden b y requiring the measurement to be conducted over the Heav y - Duty FTP cycle because it is already required for criteria emissions. Averaging of N 2 O emissions between HD engine s w ill not be allowed. The standard is designed to prevent increases in N 2 O emissions from current levels, i.e., a no - backsliding standard. The proposed N 2 O level was twice the average N 2 O level of primaril y pre - 2010 model year diesel engines as demonstrated in the ACES Study and in EPA’s testing of two additional engines with selective catal yt ic reduction aftertreatement s ystems. 177 Manufacturers t ypicall y use design targets for NO X emission levels of about 50 percent of the standard, to account for in - use emissions deterioration and normal testing and production variability , and manufacturers are expected to utilize a similar approach for N 2 O emission complian ce. EPA sought comment about deterioration factors for N 2 O emissions. See 75 FR 74208. Industry

stakeholders recommended that the agency define a DF of zero. While we believe it is also possible that N 2 O emissions will not deteriorate in use, very littl e data exist for aged engines and vehicles. Therefore, the value we are assigning is conservative , specifically additive DF of 0.02 g/bhp - hr. While the value is conservative, it is small enough to allow compliance for all engines except those very close to the standards. For engines too close to the standard to use the assigned DFs, the manufacturers would need to demonstrate via engineering analy sis that deterioration is less than assigned DF. EPA sought additional data on the level of the proposed N 2 O level of 0.05 g/bhp hr. See 75 FR 74208. The agency received additional data of 2010 model y ear engines from the Engine Manufacturers Association. 178 The agencies reanal yz ed a new data set, as shown in Table II - 22 , to derive the fina l N 2 O standard of 0.10 g/bhp - hr with a defined deterioration factor of 0.02 g/bhp - hr.

177 Coordinating Research Council Report: ACES Phase 1 of the Advanced Collaborative Emissions Study, 2009.(This study included detailed chemical charact erization of exhaust species emitted from four 2007 mo del year heavy heavy diesel engines) 178 Engine Manufacturers Association. EMA N 2 O Email 03_22_2011. See Docket EPA - HQ - OAR - 2010 - 0162.***** E.O. 12866 Review**
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182 of 971 **Table II**  **- 22**  **: N 2**  **O Data Analysis** Engine Famil y Rated Power (HP) Composite FTP

Cycle N 2 O Result (g/bhp - hr) EPA Data of 2007 Engine with SCR 0.042 EPA Data of 2010 Production Intent

Engine 0.037 A 450 0.0181 A 600 0.0151 B 360 0.0326 C 380 0.0353 D 560 0.0433 D 455 0.0524 E 600 0.0437 F 500 0.0782 G 483 0.1127 H 385 0.0444 H 385 0.0301 H 385 0.0283 J 380 0.0317 Mean 0.043 2 * Mean 0.09 Engine emissions regulations do not currently require testing for N 2 O. The Mandatory

GHG Reporting final rule requires reporting of N 2 O and requires that manufacturers either measure N 2 O or use a compliance statement based on good engineering judgment in lieu of direct N 2 O measurement ( 74 FR 56260, October 30, 2009 ) . The light - dut y GHG final rule allows manufacturers to provide a compliance statement based on good engineering judgment through the 2014 model ye ar, but requi res measurement beginning in 2015 model y ear ( 75 FR 25324, May 7, 2010 ) . EPA is finalizing a consistent approach for heav y - dut y engine manufacturers which allows them to delay direct measurement of N 2 O until the 2015 model y ear. Manufacturers without th e capability to measure N 2 O by

the 2015 model ye ar would need to acquire and install appropriate measurement equipment in response to this final program. EPA has established four separate N 2 O measurement methods, all of which are commercially

available today . EPA expects that most manufacturers would use either photo - acoustic measurement equipment for stand - alone, existing FTIR instrumentation at a cost of $50,000 per unit or upgrade existin g emission measurement sy stems with NDIR analyzers for $25,000 per test cell **.** Overall, EPA believes that manufacturers of heavy - dut y engines, both gasoline and diesel, would meet the final standard without implementing an y new technologies, and beyond re latively

small facilities costs for any company that still needs to acquire and***** E.O. 12866 Review**
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183 of 971 install N 2 O measurement equipment, EPA does not project that manufacturers would incur significant costs associated with this final N 2 O standard. EPA is not adopting an y vehicle - level N 2 O standards for heav y - dut y vocational vehicles and combination tractors. The N 2 O emissions would be controlled through the heav y - dut y engine portion of the program. The only requirement of those vehicle manufacture rs to compl y with the N 2 O requirements is to install a certified engine. **(2) What is EPA’s**  **A pproach to**  **C ontrolling CH**  **4 ?**  CH 4 is greenhouse gas with a GWP of 25. It accounts for about 0.03 percent of the greenhouse gases from heav y - dut y trucks. 179 EPA is finalizi ng a standard that would cap CH 4 emission levels, with the expectation that current heav y - dut y vehicles and engines meeting the heav y - duty emission standards would not increase their levels as explained earlier due to robust current controls and manufactur er compliance margin targets. It would ensure that emissions would be addressed if in the future there are increases in the use of natural gas or an y other alternative fuel. EPA believes that current heav y - dut y emission standards, specificall y the NMHC st andards for both engine and chassis certified engines directl y result in stringent CH 4 control. It is believed that the current emission control technologies used to meet the stringent NMHC standards achieve the maximum feasible reductions and that no addi tional technologies are recognized that would result in additional CH 4 reductions. The level of the standard would generally be achievable through normal emission control methods already required to meet heav y - duty emission standards for h ydrocarbons and E PA is therefore not attributing an y cost to this part of the final action. Since CH 4 is produced in gasoline and diesel engines similar to other hydrocarbon components, controls targeted at reducing overall NMHC levels generall y also work at reducing CH 4 e missions. Therefore, for gasoline and diesel vehicles, the heav y - dut y h ydrocarbon standards will generally prevent increases in CH 4 emissions levels. CH 4 from heav y - duty vehicles is relatively

low compared to other GHGs largel y due to the high effectiveness of the current heav y - duty standards in controlling overall HC emissions. EPA believes that this level for the standard would be met by current gasoli ne and diesel trucks and vans, and would prevent increases in future CH 4 emissions in the event that alternative fueled vehicles with high methane emissions, like some past dedicated compressed natural gas vehicles, become a significant part of the vehicle fleet. Currentl y EPA does not have separate CH 4 standards because, unlike other h ydrocarbons, CH 4 does not contribute significantly to ozone formation. 180 However, CH 4 emissions levels in the gasoline and diesel heavy - dut y truck fleet have nevertheless ge nerally been controlled by the heav y - dut y HC emission standards. Even so, without an emission standard for CH 4 , future emission levels of CH 4 cannot be guaranteed to remain at current levels as vehicle technologies and fuels evolve.

179 Value adapted from “Inventory of U.S. Greenhouse Gas Emissions and Sinks: 1990 - 2007. April 2009. 180 But See Ford Motor Co. v. EPA , 604 F. 2d 685 (D.C. Cir. 1979) (permissible for EPA to regulate CH 4 under CAA section 202(b)).***** E.O. 12866 Review**
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184 of 971 In recent model years, a small number of heav y - duty trucks and engines were sold that were designed for dedicated use of natural gas. While emission control designs on these recent dedicated natural gas - fueled vehicles demonstrate CH 4 control can be as effective as on gasoline or diesel equivalent vehicles, natural gas - fueled vehicles have historically generated significantly higher CH 4 emissions than gasoline or diesel vehicles. This is because the fuel is predominantly methane, and most of the unburned fuel that escapes combu stion without being oxidized by the catal ys t is emitted as methane. However, even if these vehicles meet the heav y - duty hydrocarbon standard and appear to have effective CH 4 control by nature of the h ydrocarbon controls, the heavy - dut y standards do not re quire CH 4 control and therefore some natural gas vehicle manufacturers have invested very little effort into methane control. While the final CH 4 cap standard should not require an y different emission control designs beyond what is alread y required to meet heav y - dut y h ydrocarbon standards on a dedicated natural gas vehicle (i.e., feedback controlled 3 - way catal ys t), the cap will ensure that sy stems provide robust control of methane much like a gasoline - fueled engine. We are not finalizing more stringent CH 4 standards because we believe that the controls used to meet current heavy duty hydrocarbon standards should result in effective CH 4 control when properly implemented. Since CH 4 is alread y measured under the current heav y - dut y emissions regulations (so that it may be subtracted to calculate NMHC), the final standard w ill not result in additional testing costs. (a ) Heavy - duty Pickup Truck and Van CH 4 Standard EPA is finalizing the proposed CH 4 emission standard of 0. 05 g/mi as measured on the L ight - dut y FTP an d HFET drive cycles, to apply beginning with model year 20 14 for HD pickups and vans subject to the CO 2 standards. Similar to the CO 2 standard approach, the CH 4 emission level of a vehicle will be a composite of the Light - duty FTP and HFET cycles, with the same 55 percent city weighting and 45 percent highway weighting. The level of the standard is approximately two times the average heavy - duty gasoline and dies el truck and van levels. 181 As with N 2 O, this standard level recognizes that manufacturers t ypically set emissions design targets with a compliance margin of approximately

50 percent of the standard. Thus, we believe that the standard should be met by curr ent gasoline vehicles with no increase from today ’s CH 4 levels. Similarly , since current diesel vehicles generally have even lower CH 4 emissions than gasoline vehicles, we believe that diesels will also meet the standard with a larger compliance margin re sulting in no change in today ’s CH 4 levels. (b ) Heavy - duty Engine CH 4 Exhaust Emission Standard EPA is adopting a heav y - duty engine CH 4 emission standard of 0.10 g/hp - hr with a defined deterioration factor of 0.02 g/bhp - hr as measured on the composite Heavy - dut y FTP, to apply

beginning in model y ear 2014 for diesel engines and in 2016 model y ear for gasoline engines. EPA is adopting a different CH 4 standard than proposed based on

181 Memorandum “CH 4 Data from 2010 and 2011 Heavy - Duty Vehicle Certification Tests”.***** E.O. 12866 Review**
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185 of 971 additional data submitted to the agency which better represents the full range of current diesel and gasoline engine performance. EPA is adopting CH 4 standards for gasoline engines that become effective in 2016 model year to align with the first year of the gasoline engine CO 2 standards. Without this alignment, manufacturers would not have any flexibility , such as CO 2 eq credits, in meeting the CH 4 cap and therefore would not be able to sell an y engine with a CH 4 level above the standard. The final standard would cap CH 4 emissions at a level currentl y achieved b y diesel and gasoline heavy - duty engines. The level of the standard would generall y be achievable through normal emission control methods already required to meet 2007 emission standards for NMHC and EPA is therefore not attributing any cost to this part of this program (see 40 CFR 86.007 - 11). The level of the final CH 4 standard is twice the average CH 4 emissions from gasoline engines from General Motors in addition to the four diesel engines in the ACES study . 182 As with N 2 O, this final level recognizes that manufacturers t yp ically set emission design targets at about 50 percent of the standard. Thus, EPA believes the final standard would be met by current diesel and gasoline engines with little if any technological improvements. The agency believes a more stringent CH 4 stan dard is not necessary due to effective CH 4 controls in current heav y - dut y technologies, since, as discussed above for N 2 O, EPA believes that the challenge of compl yi ng with the CO 2 standards should be the primary focus of the manufacturers CH 4 is measured under the current 2007 regulations so that it may be subtracted to calculate NMHC. Therefore EPA expects that the final standard would not result in additional testing costs. EPA is not adopting an y vehicle - level CH 4 standards for heav y - dut y combination tractors or vocational vehicles in this final action. The CH 4 emissions will be controlled through the heav y - dut y engine portion of the program. The onl y requirement of these truck manufacturers to comply with the CH 4 requirements is to install a certified engine. **(3) Use of**  **CO 2**  **Credits** As proposed, if a manufacturer is unable to meet the N 2 O or CH 4 cap standards, the EPA program will allow the manufacturer to comply using CO 2 credits. Inother words, a manufacturer could offset an y N 2 O or CH 4 emissions above the standard by taking steps to further reduce CO 2 . A manufacturer choosing this option would convert its measured N 2 O and CH 4 test results that are in excess of the applicable standards into CO 2 eq to determine the amount of CO 2 credits required. For example, a manufacturer would use 25 M g of positive CO 2 credits to offset 1 M g of negative CH 4 credits or use 298 M g of positive CO 2 credits to offset 1 M g of negative N 2 O credits. 183 By using the Global Warming Potential of N 2 O and CH 4 , the approach recognizes the inter - correlation of these compounds in impacting global warming and is environmentall y neutral for demonstrating compliance with the individual emissions caps. Because fu el conversion manufacturers certifying under 40 CFR Part 85, subpart F do not participate in ABT

182 Coordinating Research Council Report: ACES Phase 1 of the Advanced Collaborative Emissions Study, 2009. 183 N 2 O has a GWP of 298 and CH 4 has a GWP of 25 according to the IPCC AR4 .***** E.O. 12866 Review**
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186 of 971 programs, EPA is finalizing a compliance option for fuel conversion manufacturers to comply with the N 2 O and CH 4 standards that is similar to the credit program just described above. The compliance option will allow conversion manufacturers, on an individual engine family

basis, to convert CO 2 overcompliance into CO 2 equivalents of N 2 0 and/or CH 4 that can be subtracted from the CH 4 and N 2 0 measured values to de monstrate compliance with CH 4 and/or N 2 0 standards. Other than in the limited case of N 2 O for model years 2014 - 16, we have not finalized similar provisions allowing overcompliance with the N 2 O or CH 4 standards to serve as a means to generate CO 2 credits b ecause the CH 4 and N 2 O standards are cap standards representing levels that all but the worst vehicles should alread y be well below. Allowing credit generation against such cap standard would provide a windfall credit without any true GHG reduction. The f inal NHTSA fuel consumption program will not use CO 2 eq, as suggested above. Measured performance to the NHTSA fuel consumption standards will be based on the measurement of CO 2 with no adjustment for N 2 O and/or CH 4 . For manufacturers that use the EPA alt ernative CO 2 eq credit, compliance to the EPA CO 2 standard will not be directl y equivalent to compliance with the NHTSA fuel consumption standard. **(4) Am**  **endment to Light**  **- duty Vehicle N**  **2 O and CH**  **4 Standards**  EPA also requested comment on revising a portion of the light - dut y vehicle standards for N 2 O and CH 4 . 75 FR at 74211. Specificall y, EPA requested comments on two additional options for manufacturers to comply with N 2 O and CH 4 standards to provide additional near - term flexibility . EPA is finalizing one of tho se options, as discussed below. For light - duty

vehicles, as part of the MY 2012

–2016 rulemaking, EPA finalized standards for N 2 O and CH 4 which take effect with MY 2012. 75 FR at 25421

–24. Similar to the heavy - duty standards discussed in Section II.E above, the light - duty vehicle standards for N 2 O and CH 4 were established to cap emissions and to prevent future emissions increases, and were generall y not expected to result in the application of new technologies or significant costs for the manufacturer s for current vehicle designs. EPA also finalized an alternative CO 2 equivalent standard option, which manufacturers may choose to use in lieu of complying with the N 2 O and CH 4 cap standards. The CO 2 equivalent standard option allows manufacturers to fol d all N 2 O and CH 4 emissions, on a CO 2 eq basis, along with CO 2 into their otherwise applicable CO 2 emissions standard level. For flexible fueled vehicles, the N 2 O and CH 4 standards must be met on both fuels (e.g., both gasoline and E

– 85). After the light - dut y standards were finalized, manufacturers raised concerns that for a few of the vehicle models in their existing fleet they were having difficulty

meeting the N 2 O and/or CH 4 standards, especially in the early

years of the program for a few of the vehicl e models in their existing fleet. These standards could be problematic in the near - term because there is little lead time to implement unplanned redesigns of vehicles to meet the standards. In such cases, manufacturers may need to either drop vehicle mod els from their fleet or to comply using the CO 2 equivalent alternative. On a CO 2 eq basis, folding in all N 2 O and CH 4 emissions would add 3

–4 g/mile or more to a***** E.O. 12866 Review**
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187 of 971 manufacturer’s overall fleet - average CO 2 emissions level because the alternative standard must be used for the entire fleet, not just for the problem vehicles. 184 See 75 FR at 74211. This could be especially

challenging in the early

y ears of the program for manufacturers with little compliance margin because there is very limited lead time to develo p strategies to address these additional emissions. As stated at proposal, EPA believed this posed a legitimate issue of sufficiency of lead time in the short term, as well as an issue of cost, since EPA assumed that the N 2 O and CH 4 standards would not res ult in significant costs for existing vehicles. Id. However, EPA expected that manufacturers would be able to make technology

changes (e.g., calibration or cataly st changes) to the few vehicle models not currentl y meeting the N 2 O and/or CH 4 standards in the course of their planned vehicle redesign schedules in order to meet the standards. Because EPA intended for these standards to be caps with little anticipated nearterm impact on manufacturer’s current product lines, EPA requested comment in the heav y - dut y vehicle and engine proposal on two approaches to provide additional flexibilities in the light - duty vehicle program for meeting the N 2 O and CH 4 standards. 75 FR at 74211. EPA requested comments on the option of allowing manufacturers to use the CO 2 equivalent approach for one pollutant but not the other for their fleet

—that is, allowing a manufacturer to fold in either CH 4 or N 2 O as part of the CO 2 - equivalent standard. For example, if a manufacturer is having trouble complying with the CH 4 standard but not the N 2 O standard, the manufacturer could use the CO 2 equivalent option including CH 4 , but choose to comply separatel y with the applicable N 2 O cap standard. EPA also requested comments on an alternative approach of allowing manufactur ers to use CO 2 credits, on a CO 2 equivalent basis, to offset N 2 O and CH 4 emissions above the applicable standard. This is similar to the approach proposed and being finalized for heav y - duty vehicles as discussed above in Section II.E . EPA requested comme nts on allowing the additional flexibility in the light - duty

program for MYs 2012

–2014 to help manufacturers address any near - term issues that they may have with the N 2 O and CH 4 standards. Commenters providing comment on this issue supported additional fle xibility for manufacturers, and manufacturers specificall y supported the heav y - dut y vehicle approach of allowing CO 2 credits on a CO 2 equivalent basis to be used to meet the CH 4 and N 2 O standards. The Alliance of Automobile Manufacturers and the American Automotive Policy Council commented that the proposed heavy - dut y approach represented a significant improvement over the approach adopted for light - dut y vehicles. Manufacturers support de - linking N 2 O and CH 4 , and commented that the formation of the pollut ants do not necessarily trend together. Manufacturers also commented that a deficit against the N 2 O or CH 4 cap would be required to be covered with CO 2 credits for that model, but the approach does not “punish” manufacturers for using a specific technolog y (which could provide CO 2 benefits, e.g., diesel, CNG, etc.) b y requiring manufacturers to use the CO 2 - equivalent approach for their entire fleet. The Natural Gas Vehicle Interests 184 0.030 g/mile CH 4 mu ltiplied by a GWP of 25 plus 0.010 g/mile N 2 O multiplied by a GWP of 298 results in a combined 3.7 g/mile CO 2 - equivalent value. Manufacturers using the default N 2 O value of 0.10 g/mile prior to MY 2015 in lieu of measuring N 2 O would fold in the entire 0.0 10 g/mile on a CO 2 - equivalent basis, or about 3 g/mile under the CO 2 - equivalent option.***** E.O. 12866 Review**
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188 of 971 also supported allowing the use of CO 2 credits on a CO 2 - equivalent basis for compliance with CH 4 standards and urged providing this type of flexibility on a permanent basis. The Institute for Policy

Integrity also submitted comments supportive of providing additional flexibility to manufacturers as long as it does not undermin e standard stringency . This commenter was supportive of either approach discussed at proposal. 185 Manufacturers supported not only adopting the aspects of the heav y - dut y approach noted above, but the entire heav y - dut y vehicle approach, including two aspects of the program not contemplated in EPA’s request for comments. First, manufacturers commented that EPA incorrectl y characterizes the light - duty vehicle issues with CH 4 and N 2 O as short - term or early lead time issues. For the reasons discussed above, manu facturers believe the changes should be made permanent, for the entire 2012 - 2016 light - duty rulemaking period and, indeed, in an y s ubsequent rules for the light - dut y vehicle sector. Second, manufacturers commented that N 2 O and CH 4 should be measured on th e combined 55/45 weighting of the FTP and highway cycles, respectively , as these cycles are the yardstick for fuel economy and CO 2 measurement. Manufacturers commented that there should not be a disconnect between the light - dut y and heav y - dut y vehicle pro grams. EPA continues to believe that it is appropriate to provide additional flexibility to manufacturers to meet the N 2 O and CH 4 standards. EPA is thus finalizing provisions allowing manufacturers to use CO 2 credits, on a CO 2 - equivalent basis, to meet th e N 2 O and CH 4 standards, which is consistent with many commenters’ preferred approach. Manufacturers will have the option of using CO 2 credits to meet N 2 O and CH 4 standards on a test group basis as needed for MYs 2012 - 2016. Because fuel conversion manufa cturers certifying under 40 CFR Part 85, subpart F do not participate in ABT programs, EPA is finalizing a compliance option for fuel conversion manufacturers to comply with the N 2 O and CH 4 standards similar to the credit option just described above. The c ompliance option will allow conversion manufacturers, on an individual test group basis, to convert CO 2 overcompliance into CO 2 equivalents of N 2 0 and/or CH 4 that can be subtracted from the CH 4 and N 2 0 measured values to demonstrate compliance with CH 4 and /or N 2 0 standards. In EPA’s request for comments, EPA discussed the new flexibility as being needed to address lead time issues for MYs 2012 - 2014. EPA understands that manufacturers are now making technology decisions for beyond MY 2014 and that some technologies such as FFVs may have difficulty

meeting the CH 4 and N 2 O standards, presenting manufacturers with difficult decisions of absorbing the 3 - 4 g/mile CO 2 - equivalent emissions fleet wide, making significant investments in existing vehicle

185 The Institute for Policy Integrity questioned whether EPA had provided adequate notice of the proposal, given that it appeared in the proposed GHG rules for heavy duty vehicles. EPA provided notice not only in the preamble, but in the summary of action appearing on the first page of the Federal Register notice (“EPA is also requesting comment on possible alternative CO 2 - equivalent approaches for model year 2012 - 14 lig ht - duty vehicles”). 75 FR at 74152. This is ample notice (demonstrated as well by the comments received on the issue, including from the Institute).***** E.O. 12866 Review**
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189 of 971 technologies, or curtailing the use of certain technologies. 186 The CH 4 standard, in particular, could prove challenging for FFVs because exhaust temperatures are lower on E - 85 and CH 4 is more difficult to convert over the catal ys t. EPA’s initial estimate that these issues could be resolved without disrupting product plans b y MY 2015 appears to be overl y optimistic, and therefore EPA is extending the flexibility through model y ear 2016 . This change helps ensure that the CH 4 and N 2 O standards will not be an obstacle for the use of FFVs or other technologies in this time frame, and at the same time, assure that overall fleet average GHG emissions will remain at the same level as under th e main standards. In response to comments from manufacturers and from the Natural Gas Vehicle Interests that the changes to the program make sense and should be made on a permanent basis (i.e. for model ye ars after 2016), EPA is extending this flexibility through MY 2016 as discussed above, but we believe it is premature to decide here whether or not these changes should be permanent. EPA may consider this issue further in the context of new standards for MYs 2017 - 2025 in the planned future light - dut y vehi cle rulemaking. With regard to comments on changing the test procedures over which N 2 O and CH 4 emissions are measured to determine compliance with the standards, the level of the standards and the test procedures go hand - in - hand and must be considered tog ether. Weighting the highway test result with the city

test result in the emissions measurement would in most cases reduce the overall emissions levels for determining compliance with the standards, and would thereb y, in effect make the standards less stringent. This appears to be inappropriate. In addition, EPA did not request comments on changing the level of the N 2 O and CH 4 standards or the test procedures and it is inappropriate to amend the standards for that reason as well. **(5) EPA’s**  **Final Standards fo**  **r D irect**  **E missions**  **f rom A**  **ir C**  **onditioning** Air conditioning s ys tems contribute to GHG emissions in two way s – direct emissions through refrigerant leakage and indirect exhaust emissions due to the extra load on the vehicle’s engine to provide power to the ai r conditioning s ys tem. HFC refrigerants, which are powerful GHG pollutants, can leak from the A/C s ystem. 187 This includes the direct leakage of refrigerant as well as the subsequent leakage associate with maintenance and servicing, and with disposal at th e end of the vehicle’s life. 188 The most commonly

used refrigerant in automotive applications

– R134a, has a high GWP of 1430. 189 Due to the high GWP of R134a , a small leakage of the refrigerant has a much greater

186 “Discussions with Vehicle Manufacturers Regarding the Light - duty Vehicle CH 4 and N 2 O Standards,” Memorandum from Christopher Lieske to Docket EPA - HQ - OAR - 2010 - 0162, 187 The United States has submitted a proposal to the Montreal Protocol which, if adopted, would phasedown production and consumption of HFCs. 188 The U.S. EPA has reclamation requirements for refri gerants in place under Title VI of the Clean Air Act. 189 The global warming potentials used in this rule are consistent with the 2007 Intergovernmental Panel on Climate Change (IPCC) Fourth Assessment Report. At this time, the global warming potential values from the 1996 IPCC Second Assessment Report are used in the official U.S. greenhouse gas inventory submission to the United Nations Framework Convention on Climate Change ( per the reporting requirements under that international convention , which were last updated in 2006 ).***** E.O. 12866 Review**
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190 of 971 global warming impact than a similar amount of emissions of CO 2 or other mobile source GHGs. Heav y - dut y ai r conditioning s ys tems today are similar to those used in light - duty applications. However, differences may exist in terms of cooling capacit y (such that sleeper cabs have larger cabin volum es than day cabs), s ys tem layout (such as the number of evaporators), and the durability requirements due to longer vehicle life. However, the component technologies and costs to reduce direct HFC emissions are similar between the two ty pes of vehicles. The quantity

of GHG refrigerant emissions from heavy - dut y trucks relative to the CO 2 emissions from driving the vehicle and moving freight is very small. Therefore, a credit approach is not appropriate for this segment of vehicles because the value of th e credit is too small to provide sufficient incentive to utilize feasible and cost - effective air conditioning leakage improvements. For the same reason, including air conditioning leakage improvements within the main standard would in many instances resul t in lost control opportunities. Therefore, EPA is finalizing the proposed requirement that vehicle manufacturers meet a low leakage requirement for all air conditioning s ys tems installed in 2014 model y ear and later trucks, with one exception. The agenc y is not finalizing leakage standards for Class 2b - 8 Vocational Vehicles at this time due to the complexity in the build process and the potential for different entities besides the chassis manufacturer to be involved in the air conditioning s ys tem product ion and installation, with consequent difficulties in developing a regulatory s ys tem. For air conditioning s ys tems with a refrigerant capacity greater than 733 grams, EPA is finalizing a leakage standard which is a “percent refrigerant leakage per year” to assure that high - qualit y, low - leakage components are used in each air conditioning sy stem design. The agency believes that a single “gram of refrigerant leakage per year” would not fairly

address the variet y of air conditioning s ys tem designs and layouts found in the heav y - dut y truck sector. EPA is finalizing a standard of 1.50 percent leakage per ye ar for heav y - dut y pickup trucks and vans and Class 7 and 8 tractors. The final standard was derived from the vehicles with the largest s ys tem refrigerant capacity based on the Minnesota GHG Reporting database. 190 The average percent leakage per year of the 2010 model year vehicles is 2.7 percent. This final level of reduction is roughl y comparable to that necessary to generate credits under the light - duty v ehicle program. See 75 FR 25426 - 25427. Since refrigerant leakage past the compressor shaft seal is the dominant source of leakage in belt - driven air conditioning sy stems, the agency recognizes that a single “percent refrigerant leakage per ye ar” is not f easible for s ys tems with a refrigerant capacity of 733 grams or lower, as the minimum feasible leakage rate does not continue to drop as the capacit y or size of the air conditioning s ys tem is reduced. The fixed leakage from the compressor seal and other sy stem devices results in a minimum feasible y earl y leakage rate, and further reductions in refrigerant capacity (the ‘denominator’ in the percent refrigerant leakage calculation) will result in a sy stem which cannot meet the 1.50 percent leakage per year st andard. EPA does not believe that

190 The Minnesota refrigerant leakag e data can be found at http://www.pca.state.mn.us/climatechange/mobileair.html#leakdata.***** E.O. 12866 Review**
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191 of 971 leakage reducing technologies are available at this time which would allow lower capacity s ys tems to meet the percent per ye ar standard, so we are finalizing a maximum gram per ye ar leakage standard of 11.0 grams per y ear for air conditioning sy stems with a refrigerant capacity

of 733 grams or lower. EPA defined the standard, as well as the refrigerant capacity

threshold, by

examining the State of Minnesota GHG Reporting Database for the ye arl y l eakage rate from 2010 and 2011 model year pickup trucks. In the Minnesota data, the average leak rate for the pickup truck category (16 unique model and refrigerant capacity

combinations) was 13.3 grams per y ear, with an average capacity of 654 grams, resulting in an average perce nt refrigerant leakage per year of 2.0 percent. 4 of the 16 model/capacity combinations in the reporting data achieved a leak rate 11.0 grams per ye ar or lower, and this was chosen as the maximum yearl y leak rate, as several manufacturers have demonstrated that this level of y earl y leakage is feasible . To avoid a discontinuity

between the “percent leakage” and “leak rate” standards

– where one approach would be more or less stringent, depending on the refrigerant capacity

– a refrigerant capacity

of 733 grams was chosen as a threshold capacity , below which, the leak rate approach can be used. EPA believes this approach of having a leak rate standard for lower capacity s ys tems and a percent leakage per year standard for higher capacity s ys tems will result in reduced refrigerant emissions from all air conditioning sy stems, while still allowing manufacturers the ability to produce low - leak, lower capacity s ys tems in vehicles which require them. Manufacturers can choose to reduce A/C leakage emissions in two way s. First, they can utilize leak - tight components. Second, manufacturers can largel y eliminate the global warming impact of leakage emissions by adopting sy stems that use an alternative, low - Global Warming Potential (GWP) refrigerant. One alternative ref rigerant, HFO 1234y f, with a GWP of 4, has been approved for use in light - dut y passenger vehicles under EPA’s Significant New Alternatives Program (SNAP). While the scope of this SNAP approval does not include heav y - dut y highway vehicles, we expect that those interested in using this refrigerant in other sectors will petition EPA for broader approval of its use in all mobile air conditioning sy stems. In addition, the EPA is currentl y acting on a petition to de - list R - 134a as an acceptable refrigerant for new, light - duty passenger vehicles. The time frame and scale of R - 134a de - listing is y et to be determined, but any phase - down of R - 134a use will likely take place after this rulemaking is in effect. Given that HFO - 1234y f is y et to be approved for heavy - duty vehicles, and that the time frame for the de - listing of R - 134a is not known, EPA believes that a leakage standard for heav y - dut y vehicles is still appropriate. If future heav y - dut y vehicles adopt refrigerants other than R - 134a, the calculated refrigerant leak rate can be adjusted b y multiplying the leak rate b y the ratio of the GWP of the new refrigerant divided b y the GWP of the old refrigerant (e.g. for HFO - 1234y f replacing R - 134a, the calculated leak rate would be multiplied by

0.0028, or 4 divided by 1430). EPA believes that reducing A/C s ys tem leakage is both highly cost - effective and technologicall y feasible. The availability of low leakage components is being driven b y the air conditioning program in the light - dut y GHG rule which apply to 2012 mod el year and later vehicles. The cooperative industry and government Improved Mobile Air Conditioning program has demonstrated that new - vehicle leakage emissions can be reduced b y 50 percent b y reducing the number and improving the quality of the***** E.O. 12866 Review**
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192 of 971 component s, fittings, seals, and hoses of the A/C sy stem. 191 All of these technologies are alread y in commercial use and exist on some of today’s s ys tems, and EPA does not anticipate an y significant improvements in sealing technologies for model years beyond 2014. H owever, EPA has recognized some manufacturers utilize an improved manufacturing process for air conditioning s ys tems, where a helium leak test is performed on 100 percent of all o - ring fittings and connections after final assembly . By leak testing each fitting, the manufacturer or supplier is verifying the o - ring is not damaged during assemb ly (which is the primary

source of leakage from o - ring fittings), and when calculating the yearly leak rate for a s ys tem, EPA will allow a relative emission value equivalent to a ‘seal washer’ can be used in place of the value normally used for an o - ring f itting, when 100% helium leak testing is performed on those fittings. While further updates to the SAE J2727 standard may be forthcoming (to address new materials and measurement methods for permeation through hoses, EPA believes it is appropriate to inclu de the helium leak test update to the leakage calculation method at this time. C onsistent with the light - duty 2012 - 2016 MY vehicle rule, we are estimating costs for leakage control at $18 (2008$) in direct manufacturing costs. Including a low complexity indirect cost multiplier ( IC M ) of 1.14 results in costs of $21 in the 2014 model year. A/C control technology is considered to be on the flat portion of the learning curve , so costs in the 2017 model y ear will be $19. These costs are applied to all heav y duty pickups and vans, and to all combination tractors. EPA views these costs as minimal and the reductions of potent GHGs to be easily feasible and reasonable in the lead times provided b y the final rules. EPA is requiring that manufacturers demonstrat e improvements in their A/C sy stem designs and components through a design - based method. The method for calculating A/C leakage is based closel y on an industry - consensus leakage scoring method, described below. This leakage scoring method is correlated to experimentally measured leakage rates from a number of vehicles using the different available A/C components. Under the final approach, manufacturers will choose from a menu of A/C equipment and components used in their vehicles in order to establish leak age scores, which will characterize their A/C sy stem leakage performance and calculate the percent leakage per ye ar as this score divided b y the s ys tem refrigerant capacit y. Consistent with the light - duty rule, EPA is finalizing a requirement that a manu facturer will compare the components of its A/C sy stem with a set of leakage reduction technologies and actions that is based closely on that being developed through the Improved Mobile Air Conditioning program and SAE International (as SAE Surface Vehicle Standard J2727, “HFC - 134a, Mobile Air Conditioning Sy stem Refrigerant Emission Chart,” August 2008 version). See generally 75 FR 25426. The SAE J2727 approach was developed from laboratory testing of a variety

of A/C related components, and EPA believes that the J2727 leakage scoring sy stem generall y represents a reasonable correlation with average real - world leakage in new vehicles. Like the cooperative industry - government program, our final approach will associate each component with a specific leakag e rate in grams per ye ar that is identical to the values in J2727 and then

191 Team 1 - Refrigerant Leakage Reduction: Final Report to Sponsors, SAE, 2007.***** E.O. 12866 Review**
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193 of 971 sum together the component leakage values to develop the total A/C sy stem leakage. However, in the heav y - duty vehicle program, the total A/C leakage score will then be divided by

the value of the total refrigerant s ys tem capacit y to develop a percent leakage per year. EPA believes that the design - based approach will result in estimates of likely leakage emissions reductions that will be comparable to those that would eventually resu lt from performance - based testing. EPA is not specifying a specific in - use standard for leakage, as neither test procedures nor facilities exist to measure refrigerant leakage from a vehicle’s air conditioning sy stem. However, consistent with the light - dut y rule, where we require that manufacturers attest to the durability of components and sy stems used to meet the CO 2 standards (see 75 FR 25689), we will require that manufacturers of heav y - duty vehicles attest to the durability

of these sy stems, and provid e an engineering analy sis which demonstrates component and sy stem durability . **(6) In**  **direct E**  **missions f**  **rom A**  **ir C**  **onditioning** In addition to direct emissions from refrigerant leakage, air conditioning s ystems also create indirect exhaust emissions due to the extra load on the vehicle’s engine to provide power to the air conditioning sy stem. These indirect emissions are in the form of the additional CO 2 emitted from the engine when A/C is being used due to the added loads. Unlike direct emissions which tend to be a set annual leak rate not directly tied to usage, indirect emissions are full y a function of A/C usage. These indirect CO 2 emissions are as sociated with air conditioner efficiency , since air conditioners create load on the engine. See 74 FR 49529. However, the agencies are not setting air conditioning efficiency standards for vocational vehicles, combination tractors, or heav y - dut y pickup trucks and vans. The CO 2 emissions due to air conditioning sy stems in these heavy - dut y vehicles are minimal compared to their overall emissions of CO 2 . For example, EPA conducted modeling of a Class 8 sleeper cab using the GEM to evaluate the impact of ai r conditioning and found that it leads to approximately

1 gram of CO 2 /ton - mile. Therefore, a projected 24 percent improvement of the air conditioning system (the level projected in the light - duty GHG rulemaking), would only

reduce CO 2 emissions by less than 0.3 g CO 2 /ton - mile, or approximately 0.3 percent of the baseline Class 8 sleeper cab CO 2 emissions. **(7) Ethanol**  **- F**  **ueled and El**  **ectric V**  **ehicles** Current EPA emissions control regulations explicitly appl y to heav y - duty

engines and vehicles fueled b y gasoline, methanol, natural gas and liquefied petroleum gas. For multi - fueled vehicles they call for compliance with requirements established for each consumed fuel. This contrasts with EPA’s light - duty vehicle regulations that apply to all vehicles generall y, re gardless of fuel t ype. As we proposed, we are revising the heav y duty vehicle and engine regulations to make them consistent with the light - duty vehicle approach, appl yi ng standards for all regulated criteria pollutants and GHGs regardless of fuel ty pe, i ncluding application to all - electric vehicles (EVs). This provision will take effect in the 2014 model year, and be optional for manufacturers in earlier model y ears. However, to satisfy

the CAA section 202(a)(3) lead time constraints, the provision will***** E.O. 12866 Review**
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194 of 971 remain optional for all criteria pollutants through the 2015 model year. Commenters did not oppose this change in EPA regulations. This change primarily

affects manufacturers of ethanol - fueled vehicles (designed to operate on fuels containing at least 50 percent ethanol) and EVs. Flex - fueled vehicles (FFVs) designed to run on both gasoline and fuel blends with high ethanol content will also be impacted, as they will need to comply with requirements for operation both on gasoline and ethanol. The regulatory

requirements we are finalizing today for certification on ethanol follow those already established for methanol, such as certification to NMHC equivalent standards and waiver of certain requirements. We expect testing to be done using the same E85 test fuel as is used today for light - dut y vehicle testing, an 85/15 blend of commerciall y - available ethanol and gasoline vehicle test fuel. EV certification will also follow light - dut y precedents, primarily calling on manufacturers to exercise good en gineering judgment in applying the regulatory requirements, but will not be allowed to generate NO X or PM credits. This provision is not expected to result in an y significant added burden or cost. It is alread y the practice of HD FFV manufacturers to voluntarily conduct emissions testing for these vehicles on E85 and submit the results as part of their certification application, along with gasoline test fuel results. No changes in certification fees are being set in connection with this provision. We exp ect that there will be strong incentives for an y manufacturer seeking to market these vehicles to also want them to be certified: (1) uncertified vehicles carry a disincentive to potential purchasers who typically have the benefit to the environment as on e of their reasons for considering alternative fuels, (2) uncertified vehicles are not eligible for the substantial credits they could likely

otherwise generate, (3) EVs have no tailpipe or evaporative emissions and thus need no added hardware to put them in a certifiable configuration, and (4) emissions controls for gasoline vehicles and FFVs are also effective on dedicated ethanol - fueled vehicles, and thus costly

development programs and specialized components will not be needed; in fact the highl y integr ated nature of modern automotive products make the emission control sy stems essential to reliable vehicle performance. Regarding technological feasibility , as mentioned above, HD FFV manufacturers alread y test on E85 and the resulting data shows that they can meet emissions standards on this fuel. Furthermore, there is a substantial body of certification data on light - duty FFVs (for which testing on ethanol is already a requirement), showing existing emission control technology

is capable of meeting even the more stringent Tier 2 standards in place for light - dut y vehicles. **(8) Correction to 40 CFR 1033.625**  In a 2008 final rule that set new locomotive and marine engine standards, EPA adopted a provision allowing manufacturers to use a limited number of nonroad engines to power switch locomotives provided, among other things, that “the engines were certified to standards that are numericall y lower than the applicable locomotive standards***** E.O. 12866 Review**
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195 of 971 of this part (1033) . ” (40 CFR 1033.625(a)). The goal of this provision is to encourage the replacement of aging, high - emitting switch locomotives with new switch locomotives having very

low emissions of PM, NO X , and h ydrocarbons. However, this provision neglected to consider the fact that preexisting nonroad engine emission standards for CO were set at levels that were slightl y numerically higher than those for locomotives. The applicable switch locomotive CO standard of Part 1033 is 3.2 g/kW - hr (2.4 g/hp - hr), while the applicable nonroad engine CO standard is 3.5 g/kW - hr (2.6 g/hp - hr). This is the case even for the cleanest final Tier 4 nonroad engines that will phase in starting in 2014. Thus, nonroad engines cannot be certified to CO standards that are numericall y lower than the applicable locomotive standards , and the nonr oad engine provision is rendered practicall y unusable. This matter was brought to EPA’s attention by affected engine manufacturers. 192 As indicated above, EPA believes that allowing certification of new switch locomotive engines to nonroad engine standard s will greatl y reduce emissions from switch locomotives, and EPA does not believe the slight difference in CO standards should prevent this environmentally beneficial program. EPA is therefore adopting a corrective technical amendment in Part 1033. The r egulation is being amended at § 1033.625(a)(2) to add the following italicized text: “ The engines were certified to PM, NO X , and hydrocarbon standards that are numerically lower than the applicable locomotive standards of this part.” This change is a str aightforward correction to restore the intended usability

of the provision and is not expected to have adverse environmental impacts, as nonroad engines have CO emissions that are typically well below both the nonroad and locomotive emissions standards. **(9) Co**  **rrections to 40 CFR part 600** EPA adopted changes to fuel econom y labeling requirements on July 6, 2011 (76 FR 39478). We are making the following corrections to these regulations in 40 CFR part 600:
 We adopted a requirement to use the specifications of SA E J1711 for fuel

econom y testing related to hybrid - electric vehicles. In this final rule, we are extending that requirement to the calculation provisions in §600.114 - 12. This change was inadvertently omitted from the earlier final rule.  We are correcting an equation in §600.116 - 12.  We are removing text describing label content that differs from the sample labels that were published with the final rule. The sample labels properly characterize the intended label content. **(10) Definition of Urban Bus**  EPA is adding a new section 86.012 - 2 to revise the definition of “urban bus.” The new definition will treat engines used in urban buses the same as engines used in an y

192 See e - mail correspondence from Timothy A. French, EMA, to Donald Kopinski and Charles Mo ulis, U.S. EPA dated 12/8/10, “Switcher Locomotive Flexibility”, docket# EPA - HQ - OAR - 2010 - 0162.***** E.O. 12866 Review**
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196 of 971 other HD vehicle application, relying on the definitions of primary intended service class for defining which standards and useful life appl y for bus engines. This change is necessary to allow for installation of engines other than HHDDE for hy brid bus applications . 

## III. **Feasibility Assessments and Conclusions**  In this section, NHTSA and EPA discuss sev eral aspects of our joint technical anal ys es. These anal ys es are common to the development of each agency ’s final standards. Specifically

we discuss: the development of the baseline used by each agency for assessing costs, benefits, and other impacts of the standards, the technologies the agencies evaluated and their costs and effectiveness, and the development of the final standards based on application of technology in light of the attribute based distinctions and related compliance measurement procedures. We also discuss the agencies’ consideration of standards that are either more or less stringent than those adopted. This program is based on the need to obtain significant oil savings and GHG emissions reductions from the transportation sector, and the recognition that there are appropriate and cost - effective technologies to achieve such reductions feasibly in the model years of this program . The decision on what standard to set is guided by each agency ’s statutory

requirements, and is largel y base d on the need for reductions, the effectiveness of the emissions control technology , the cost and other impacts of implementing the technology , and the lead time needed for manufacturers to employ the control technology . The availability of technology

to achieve reductions and the cost and other aspects of this technology are therefore a central focus of this final rulemaking. CBD submitted several comments on whether NHTSA had met EI SA’s mandate to set standards “designed to achieve the maximum feasible i mprovement” and, to that end, appropriatel y considered feasible technologies in setting the stringency level. CBD stated that the proposed rule had been improperl y limited to currently available technology , and that none of the alternatives contained all of the available technology , which it argued violated EI SA and the CAA . CBD also stated that the phase - in schedule violated the technology - forcing intention of EI SA, and that the agencies misperceived their statutory

mandates, arguing that the agencies ar e required to force technological innovation through aggressive standards. As demonstrated in the standard - specific discussions later in this section of the preamble, the standards adopted in the final program are consistent with section 202 (a) of the C AA and section 32902 (k)(2) of EISA With respect to the EPA rules, we note at the outset, that CBD’s premise that EPA must adopt “technology - forcing” standards for heav y - dut y vehicles and engines is wrong. A technology - forcing standard is one that is to be based on standards which will be available, rather than technology which is presentl y available. NRDC v. Thomas , 805 F. 2d 410, 429 (D.C. Cir. 1986). Clean Air Act provisions requiring “the greatest degree of emission reduction achievable through the application of technology which the Administrator determines will be available” are***** E.O. 12866 Review**
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197 of 971 technology - forcing. See e.g. CAA sections 202 (a)(3)(1) 193 ; 213 (a)(3). Section 202(a) (1) standards are technology - based, but not technology - forcing, requiring EPA to issu e standards for a vehicle’s useful life “after providing such period as the Administrator finds necessary

to permit the development and application of the requisite technology , giving appropriate consideration to the cost of compliance within such period.” See NACAA v. EPA , 489 F. 3d 1221, 1230 (D.C. Cir. 2007) upholding EPA’s interpretation of similar language in CAA section 231 (a) as providing even greater leeway to weigh the statutory factors than if the provision were technology - forcing. See generall y 74 FR at 49464 - 465 (Sept. 28. 2009); 75 FR at 74171. Section 202 (a)(1) of course allows EPA to consider application of technologies which will be available as well as those presently available, id., and EPA exercised that discretion here. For example , as shown below, the agencies carefull y considered application of h ybrid technologies and bottoming cycle technologies for a number of the standards. Thus, the critical issue is whether EPA’s choice of technology penetration on which the standards are pr emised is reasonable considering the statutory factors, the key ones being technology

feasibility , technology

availability

in the 2014 - 2018 model years (i.e. adequacy

of lead time), and technology cost and cost - effectiveness. EPA has considerable discreti on to weigh these factors in a reasonable manner (even for provisions which are explicitly technology - forcing, see Sierra Club v. EPA , 325 F. 3d 374, 378 (D.C. Cir. 2003)), and has done so here. With respect to EI SA, 49 U.S.C. section 32902(k)(2) directs NHTSA to “determine in a rulemaking proceeding how to implement a commercial medium - and heavy - duty on - highway vehicle and work truck fuel efficiency improvement program designed to achieve the maximum feasible improvement,” and “adopt and implement approp riate test methods, measurement metrics, fuel economy standards, and compliance and enforcement protocols that are appropriate, cost- effective, and technologically feasible for commercial medium - and heavy - duty on - h ighway vehicles and work trucks ” NHTSA recognizes that Congress intended EPCA (and b y extension, EI SA, which amended it) to be technology - forcing. See Center for Auto Safety v. National Highway Traffic Safety Admin . , 793 F.2d 1322, 1339 (D.C. Cir. 1986). However, NHTSA believes it is important to distinguish between setting “maximum feasible” standards, as EPCA/EI SA requires, and “maximum technologically feasible” standards, as CBD would have NHTSA do. The agency must weigh all of the statutory factors in setting fuel efficiency standar ds, and therefore may not weigh one statutory

factor in isolation of others. Neither EPCA nor EISA define “maximum feasible” in the context of setting fuel efficiency or fuel economy standards. Instead, NHTSA is directed to consider and meet three factors when determining what the maximum feasible standards are

– “appropriateness, cost - effectiveness, and technological feasibility .” 32902(k)(2). These factors modify

“feasible” in the context of the MD/HD rule s beyond a plain meaning of 193 CBD cites the District Court’s opinion in Cent. Valley Chrysler - Jeep Inc. v. Goldstene , 529 F. Supp. 2d 1151, 1178 (E.D. Cal. 2007) for the proposition thatsta ndard - setting provisions of Title II of the CAA are technology forcing, but the court was citing to the technology - forcing provision section 202 (a)(3)(A)(i), which is not the applicable authority here.***** E.O. 12866 Review**
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198 of 971 “capa ble of being done.” See Center for Biological Diversity v. National Highway Traffic Safety Admin ., 538 F.3d 1172, 1194 (9th Cir. 2008). With respect to the setting of standards for light - dut y vehicles, EPCA/EI SA “gives NHTSA discretion to decide how to b alance the statutory

factors

– as long as NHTSA’s balancing does not undermine the fundamental purpose of EPCA: energy conservation.” Id . at 1195. Where Congress has not directly

spoken to a potential issue related to such a balancing , NHTSA’s interpretation must be a “reasonable accommodation of conflicting policies... committed to the agency ’s care by

the statute.” Id . (discussing consideration of consumer demand) (internal citations omitted). In the context of the agency ’s light - dut y vehicle authority , it was determined that Congress delegated the process for setting the maximum feasible standard to NHTSA with broad guidelines concerning the factors that the agency must consider. Id. (internal citations omitted) (emphasis in original). We believe that the same conclusion should be drawn about the statutory provisions governing the agency ’s setting of standards for heav y - duty vehicles. Those provisions prescribe statutory factors comm ensurate to, and equally broad as, those prescribed for light - dut y. T hus, NHTSA believes that it is firmly

within our discretion to weigh and balance the factors laid out in 32902(k) in a way

that is technology - forcing, as evidenced b y these standards promulgated in this final action , but not in a way that requires the appl ication of technology which will not be available in the lead time provided by the rule s , or which is not cost - effective, or is cost - prohibitive, as CBD evidently deems mandated. As detailed below for each regulatory category , NHTSA has considered the appr opriateness, cost - effectiveness, and technological feasibility of the standards in designing a program to achieve the maximum feasible fuel efficiency improvement. It believes that each of those criteria is met. As described in Section I. F. (2) above, th e final standards w ill remain in effect indefinitely

at their 2018 or 2019 levels, unless and until the standards are revised . CBD maintained that this is a per se violation of EISA, arguing that , by definition, standards which are not updated continually and regularl y cannot be considered maximum feasible. NHTSA would like to clarify that the NPRM specified that the standards would remain indefinitely

“until amended by

a future rulemaking action.” NPRM at 74172 . Further, as noted above, NHTSA has broad discretion to determine the maximum feasible standards. Unlike § 32902(b)(3)(B), which applies to automobiles regulated under light - duty CAFE, § 32902(k) does not specify a maximum number of years that fuel econ omy standards for heav y - dut y vehicles will be in place. Consistent with its broad authority to define maximum feasible standards, NHTSA interprets its authority as including the discretion to define expiration periods where Congress has not otherwise spec ified. This is particularl y appropriate for the heav y - duty sector, where fuel efficiency regulation is unprecedented. NHTSA believes that it would be unwise to set an expiration period for this first rulemaking absent both Congressional direction and a k nown compelling reason for setting a specific date. NHTSA believes that the phase - in schedule s provide an appropriate balance between the technology - forcing purpose of the statute and EISA - mandated considerations of economic practicability . NHTSA recogn izes, as noted in the case above, that balancing each statutory

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199 of 971 the agency

must engage in a “reasonable accommodation of conflicting policies.” See 538 F.3d at 1195, supra . Here, the agency has determined that the phase - in schedule s are one such reasonable accommodation. Navistar commented generall y that the proposed rule was not technologically feasible, stating that the proposed standards assume technologies which are not in production for all manufacturers. This is not the test for technical feasibility . Under the Clean Air Act, EPA needs only to outline a technical path toward compliance with a standard, giving plausible reasons for its belief that technology will either be develope d or applied in the requisite period. NRDC v. EPA , 655 F. 2d 318, 333 - 34 (D.C. Cir. 1981). EPA has done so here with respect to the alternative engine standards of particular concern to Navistar. 194 Similarly , NHTSA has previousl y interpreted “technologic al feasibility” to mean “whether a particular method of improving fuel econom y can be available for commercial application in the model year for which a standard is being established.’ 74 FR 14196, 14216. NHTSA has further clarified that the consideratio n of technological feasibility “does not mean that the technology must be available or in use when a standard is proposed or issued.” Center for Auto Safety v. National Highway Traffic Safety Admin . , 793 F.2d 1322, 1325 n12 (D.C. Cir. 1986), quoting 42 Fe d. Reg. 63, 184, 63, 188 (1977). Consistent with these previous interpretations, NHTSA believes that a technology does not necessarily

need to be currently

available or in use for all regulated parties to be “technologicall y feasible” for this program , a s long as it is reasonable to expect, based on the evidence before the agency , that the technology will be available in the model year in which the relevant standard takes effect. The agencies provide multiple technology pathway s for compliance with a standard, allowing each manufacturer to develop technologies which fit their current production and research, and the standards are based on fleet penetration rates of those technologies. As discussed below, it is reasonable to assume that all the technologi es on whose performance the standards are premised will be available over the period the standards are in effect. The Institute for Policy

I ntegrit y ( IP I) commented that the agencies should increase the scope and stringency of the final rule to the point at which net benefits would be maximized, citing Executive Orders 12866 and 13563. EOs 12866 and 13563 instruct agencies, to the extent permitted by law, to select, among other things, the regulatory approaches which maximize net benefits. NHTSA agrees wi th IPIabout the applicability of these EOs and has made every effort to incorporate their guidance in drafting this rule. Though IPI agreed that the proposed rule was cost - benefit justified, IPIfurther stated that the agencies must implement an alternative that provides the maximum net benefits. The agencies believe that standards that maximized net benefits would be beyond the point of technological feasibility for this first phase of the HD National Program. The standards already require the maximum feasible fuel efficiency improvements for the HD fleet in the 2014 - 2018 time frame . Thus, even though, the final standards are highly cost - effective , and standards that maximized net benefits would

194 See 40 CFR 1036.620***** E.O. 12866 Review**
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200 of 971 likely be more stringent than those being promulgated in this final action , NHTSA believes that standards that maximized net benefits would not be appropriate or technologicall y feasible in the rulemaking time f rame . The Executive Orders cited b y IP I cannot and do not require an agency to select a regulatory

alternative that is inconsistent with its statutory

obligations. Thus, the standards adopted in the final rule s are consistent with the agencies’ respectiv e statutory authorities, and are not established at levels which are infeasible or cost - ineffective. Here, the focus of the standards is on appl yi ng fuel efficiency and emissions control technology

to reduce fuel consumption, CO 2 and other greenhouse gas es. Vehicles combust fuel to generate power that is used to perform two basic functions: 1) transport the truck and its payload, and 2) operate various accessories during the operation of the truck such as the PTO units. Engine - based technology can reduc e fuel consumption and CO 2 emissions by improving engine efficiency , which increases the amount of power produced per unit of fuel consumed. Vehicle - based technology can reduce fuel consumption and CO 2 emissions by increasing the vehicle efficiency , which reduces the amount of power demanded from the engine to perform the truck’s primary functions. Our technical work has therefore focused on both engine efficiency improvements and vehicle efficiency

improvements. In addition to fuel delivery , combustion, and aftertreatment technology, an y aspect of the truck that affects the need for the engine to produce power must also be considered. For example, the drag due to aerody namics and the resistance of the tires to rolling both have major impacts on the amount of power demanded of the engine while operating the vehicle. The large number of possible technologies to consider and the breadth of vehicle sy stems that are affected mean that consideration of the manufacturer’s design and production process play s a major role in developing the final standards. Engine and vehicle manufacturers t ypically develop man y different models based on a limited number of platforms. The platform typicall y consists of a common engine or truck model architecture. For example, a common engine platform may contain the same configuration (such as inline), number of cylinders, valvetrain architecture (such as overhead valve), cylinder head design, piston design, among other attributes. An engine platform may

have different calibrati ons, such as different power ratings, and different aftertreatment control strategies, such as exhaust gas recirculation (EGR) or selective catal yt ic reduction (SCR). On the other hand, a common vehicle platform has different meanings depending on the mar ket. In the heav y - duty

pickup truck market, each truck manufacturer usuall y has only a single pickup truck platform (for example the F series b y Ford) with common chassis designs and shared body panels, but with variations on load capacity of the axles, the cab configuration, tire offerings, and powertrain options. Lastl y, the combination tractor market has several different platforms and the trucks within each platform (such as LoneStar b y Navistar) have less commonality . Tractor manufacturers will offe r several different options for bumpers, mirrors, aerody namic fairing, wheels, and tires, among others. However, some areas such as the overall basic aerod ynamic design (such as the grill, hood, windshield, and doors) of the tractor are tied to tractor pl atform.***** E.O. 12866 Review**
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201 of 971 The platform approach allows for efficient use of design and manufacturing resources. Given the very large investment put into designing and producing each truck model, manufacturers of heav y - dut y pickup trucks and vans t ypicall y plan on a major r edesign for the models every 5 years or more (a key

consideration in the choice of the five model year duration during which the vehicle standards are phased in). Recently , EPA’s non - GHG heav y - duty engine program provided new emissions standards every thr ee model ye ars. Heavy - dut y engine and truck manufacturer product plans ty picall y have fallen into three ye ar cycles to reflect this regime. While the recent non - GHG emissions standards can be handled generall y with redesigns of engines and trucks, a comp lete redesign of a new heav y - dut y engine or truck ty pically occurs on a slower cycle and often does not align in time due to the fact that the manufacturer of engines differs from the truck manufacturer. At the redesign stage, the manufacturer will upgrad e or add all of the technology

and make most other changes supporting the manufacturer’s plans for the next several ye ars, including plans related to emissions, fuel efficiency , and safet y regulations. A redesign of either engine or truck platforms often i nvolves a package of changes designed to work together to meet the various requirements and plans for the model for several model y ears after the redesign. This often involves significant engineering, development, manufacturing, and marketing resources to create a new product with multiple new features. In order to leverage this significant upfront investment, manufacturers plan vehicle redesigns with several model ye ars of production in mind. Vehicle models are not completel y static between redesigns as limited changes are often incorporated for each model year. This interim process is called a refresh of the vehicle and it generall y does not allow for major technology changes although more minor ones can be done ( e.g. , small aerodyn amic improvements, et c). More major technology

upgrades that affect multiple sy stems of the vehicle thus occur at the vehicle redesign stage and not in the time period between redesigns. As discussed below, there are a wide variet y of CO 2 and fuel consumption reducing technol ogies involving several different sy stems in the engine and vehicle that are available for consideration. Many can involve major changes to the engine or vehicle, such as changes to the engine block and cylinder heads or changes in vehicle shape to improv e aerod ynamic efficiency. Incorporation of such technologies during the periodic engine, transmission or vehicle redesign process would allow manufacturers to develop appropriate packages of technology upgrades that combine technologies in way s that work together and fit with the overall goals of the redesign. By s ynchronizing with their multi - ye ar planning process, manufacturers can avoid the large increase in resources and costs that would occur if technology had to be added outside of the redesign proc ess. We considered redesign cycles both in our costing and in assessing needed the lead time required. As described below, the vast majority of technology

on whose performance the final standards are predicated is commerciall y available and already being utilized to a limited extent across the heav y - dut y fleet. Therefore the majorit y of the emission and fuel consumption reductions which would result from these final rules would result from the increased use of these technologies. EPA and NHTSA also belie ve that these final***** E.O. 12866 Review**
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202 of 971 rules will encourage the development and limited use of more advanced technologies, such as advanced aerod ynamics and h ybrid powertrains in some vocational vehicle applications. In evaluating truck efficiency , NHTSA and EPA have exclu ded consideration of standards which could result in fundamental changes in the engine or vehicle’s performance. Put another way , none of the technology pathway s underl yi ng the final standards involve an y alteration in vehicle utility. For example, the a gencies did not consider approaches that would necessitate reductions in engine power or otherwise limit truck performance. The agencies have thus limited the assessment of technical feasibility and resultant vehicle cost to technologies which maintain freight utility . Similarly , the agencies’ choice of attributes on which to base the standards, and the metrics used to measure them, are consciously adopted to preserve the utility of heavy - duty vehicles and engines. The agencies worked together to determi ne component costs for each of the technologies and build up the costs accordingl y. For costs, the agencies considered both the direct or “piece” costs and indirect costs of individual components of technologies. For the direct costs, the agencies followed a bill of materials approach utilized by the agencies in the light - dut y 2012 - 16 MY vehicle rule. A bill of materials, in a general sense, is a list of components or sub - sy stems that make up a s ys tem

— in this case, an item of technology

which reduces GHG emissions and fuel consumption. In order to determine what a s ys tem costs, one of the first steps is to determine its components and what they cost. NHTSA and EPA estimated these components and their costs based on a number of sources for cost - related information. In general, the direct costs of fuel consumption - improving technologies for heav y - d uty pickups and vans are consistent with those used in the light - duty 2012 - 2016 MY vehicle rule, except that the agencies have scaled up certain costs where appropriate to accommodate the larger size and/or loads placed on parts and sy stems in the heav y - duty classes relative to the light - dut y classes. For loose heav y - duty engines, the agencies have consulted various studies and have exercised engineering judgment when estimating direct costs. For technologies expected to be added to vocational vehicles an d combination tractors, the agencies have again consulted various studies and have used engineering judgment to arrive at direct cost estimates. Once costs were determined, they were adjusted to ensure that they were all expressed in 2009 dollars using a ratio of gross domestic product deflators for the associated calendar years. Indirect costs were accounted for using the ICM approach explained in Chapter 2 of the RIA, rather than using the traditional Retail Price Equivalent (RPE) multiplier approach. For the heav y - duty pickup truck and van cost projections in this final action, the agencies have used ICMs developed for light - duty vehicles (with the exception that here return on capital has been incorporated into the I CMs, where it had not been in the light - duty rule) primarily because the manufacturers involved in this segment of the heav y - dut y market are the same manufacturers that build light - duty trucks. For the Class 7 and 8 tractor, vocational vehicle , and heav y - dut y engine cost projections in th is final rulemaking, EPA contracted with RTIInternational to update EPA’s methodology for accounting for indirect costs associated with changes in direct manufacturing costs for***** E.O. 12866 Review**
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203 of 971 heav y - dut y engine and truck manufacturers. 195 Inaddition to the indirect cost multipliers varying by

complexity

and time frame, there is no reason to expect that the multipliers would be the same for engine manufacturers as for truck manufacturers. The report from RTIprovides a description of the methodology , as well as calculati ons of new indirect cost multipliers. The multipliers used here include a factor of 5 percent of direct costs representing the return on capital for heav y - dut y engines and truck manufacturers. These indirect cost multipliers are intended to be used, alon g with calculations of direct manufacturing costs, to provide improved estimates of the full additional costs associated with new technologies. The agencies did not receive any adverse comments related to this methodology . Details of the direct and indire ct costs, and all applicable ICMs, are presented in Chapter 2 of the RIA. Inaddition, for details on the I CMs, please refer to the RTIreport ( See Docket ID EPA - HQ - OAR - 2010 - 0162 - 0283). Importantly , the agencies have revised the ICM factors and the way that indirect costs are calculated using the I CMs. As a result, the ICM factors are now higher, the indirect costs are higher and, therefore, technology

costs are higher. The changes made to the I CMs and the indirect cost calculations are discussed in Sec tion VIII of this preamble and are detailed in Chapter 2 of the RIA. EPA and NHTSA believe that the emissions reductions called for b y the final standards are technologically feasible at reasonable costs within the lead time provided by the final standar ds, reflecting our projections of widespread use of commerciall y available technology . Manufacturers may also find additional means to reduce emissions and lower fuel consumption beyond the technical approaches we describe here. We encourage such innovat ion through provisions in our flexibility program as discussed in Section IV. The remainder of this section describes the technical feasibility and cost analy sis in greater detail. Further detail on all of these issues can be found in the joint RIA Chapte r 2. 

### A. **Class 7 -**  **8 Combination Tractor** Class 7 and 8 tractors are used in combination with trailers to transport freight. 196 The variation in the design of these tractors and their ty pical uses drive different technology

solutions for each regulatory subcategory . The agencies are adopting provisions to treat vocational tractors as vocational vehicles instead of as combination tractors, as noted in Section II.B. The focus of this section is on the feasibility of the standards for combination tractors, not the vo cational tractors. EPA and NHTSA collected information on the cost and effectiveness of fuel consumption and CO 2 emission reducing technologies from several sources. The primary

195 RTI International. Heavy - duty Truck Retail Price Equivalent and Indirect Cost Multipliers. July 2010. 196 “T ractor” is defined in 49 CFR Part 571.3 to mean “ a truck designed primarily for drawing other motor vehicles and not so constructed as to carry a load other than a part of the we ight of the vehicle and the load so draw n .”***** E.O. 12866 Review**
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204 of 971 sources of information were the 2010 National Academ y of Sciences report of T echnologies and Approaches to Reducing the Fuel Consumption of Medium - and Heav y - Duty

Vehicles, 197 TIAX’s assessment of technologies to support the NAS panel report, 198 EPA’s Heav y - duty Lumped Parameter Model 199 , the anal ys is conducted by the Northeast States Ce nter for a Clean Air Future, International Council on Clean Transportation, Southwest Research Institute and TIAX for reducing fuel consumption of heav y - dut y long haul combination tractors (the NESCCAF/I CCT study), 200 and the technology

cost anal ys is conduct ed b y IC F for EPA. 201 Following on the EISA of 2007, the National Research Council appointed a NAS committee to assess technologies for improving fuel efficiency of heav y - dut y vehicles to support NHTSA’s rulemaking. The 2010 NAS report assessed current and future technologies for reducing fuel consumption, how the technologies could be implemented, and identified the potential cost of such technologies. The NAS panel contracted with TIAX to perform an assessment of technologies which provide potential fuel consumption reductions in heav y - duty trucks and engines and the technologies’ associated capital costs. Similar to the Lumped Parameter model which EPA developed to assess the impact and interactions of GHG and fuel consumption reducing technologies for light - duty vehicles, EPA developed a new version of that model to specificall y address the effectiveness and interactions of the final pickup truck and light heavy - duty engine technologies. The NESCAFF/I CCT study assessed technologies available in 2012 through 2017 to reduce CO 2 emissions and fuel consumption of line haul combination tractors and trailers. Lastl y, the ICF report focused on the capital, maintenance, and operating costs of technologies currently available to reduce CO 2 emissions and fuel co nsumption in heavy - duty engines, combination tractors, and vocational vehicles. **(1) What Technologies Did the Agencies Consider to Reduce the CO**  **2 Emissions and Fuel Consumption of**  **Combination T ractors?**  Manufacturers can reduce CO 2 emissions and fuel consumption of combination tractors through use of, among others, engine, aerody namic, tire, extended idle, and weight reduction technologies. The standards in the final rule s are premised on use of these technologies. The agencies no te that SmartWay trucks are available today which incorporate the technologies on whose performance the final standards are based. We will also discuss other technologies that could potentially be used, such as vehicle speed limiters, although we are not basing the final standards on their use for the model years covered b y this rulemaking, for various reasons discussed below.

197 Committee to Assess Fuel Economy Technologies for Medium - and Heavy - Duty Vehicles; National Research Council; Transportation Research Board (2010). Technologies and Approaches to Reducing the Fuel Consumptio n of Medium - and Heavy - Duty Vehicles. (“The NAS Report”) Washington, D.C. **,** The National Academies Press. Available electronically from the National Academy Press Website at http://www.nap.edu/catalog.php?record_id=12845 . 198 TIAX, LLC. “Assessment of Fuel Ec onomy Technologies for Medium - and Heavy - Duty Vehicles,” Final Report to National Academy of Sciences, November 19, 2009. 199 U.S. EPA. Heavy - duty Lumped Parameter Model . 200 NESCCAF, ICCT, Southwest Research Institute, and TIAX. Reducing Heavy - Duty Long Haul Com bination Truck Fuel Consumption and CO 2 Emissions. October 2009. 201 ICF International. “Investigation of Costs for Strategies to Reduce Greenhouse Gas Emissions for Heavy - Duty On - Road Vehicles.” July 2010. Docket Number EPA - HQ - OAR - 2010 - 0162 - 0283.***** E.O. 12866 Review**
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205 of 971 In this section we discuss the baseline tractor and engine technologies for the 2010 model year, and then discuss the ty pes of technologies that the agencies considered to improve performance relative to this baseline, while S ection III.A.2 discusses the t echnology

packages the agencies used to determine the final standard levels. (a ) Baseline Tractor &Tractor Technologies Baseline tractor: The agencies developed the baseline tractor to represent the average 2010 model ye ar tractor. Today there is a large s pread in aerody namics in the new tractor fleet. Trucks sold may reflect so - called classic styling (as described in Section II.B.3.c), or may

be sold with aerody

namic packages. Based on our review of current truck model configurations and Polk data provid ed through MJ Bradley , 202 we believe the aerodynamic configuration of the baseline new truck fleet is approximately 25 percent Bin I, 70 percent Bin II, and 5 percent Bin III (as these bin configurations are explained above in Section II.B. (2)(c). The base line Class 7 and 8 day cab tractor consists of an aerodynam ic package which closely resembles the Bin I package described in Section II.B. (2)(c), baseline tire rolling resistance of 7.8 kg/metric ton for the steer tire and 8.2 kg/ metric ton, 203 dual tires with steel wheels on the drive axles, and no vehicle speed limiter. The baseline tractor for the Class 8 sleeper cabs contains the same aerod ynamic and tire rolling resistance technologies as the baseline day cab, does not include vehicle speed limiters, and does not include an idle reduction technology . The agencies assume the baseline transmission is a 10 speed manual. The agencies received a comment from the ICCT stating that the 0.69 Cd baseline for high roof sleepers published in the NPRM is higher than existing studies show. IC CT cited three studies including a Society of Automotive Engineering paper showing a lower Cd for tractor trailers. The agencies based the average Cd for high roof sleepers on available in use fleet composition data, combin ed with an assessment of drag coefficient for different truck configurations. The agencies are finalizing the 0.69 baseline Cd for high roof sleeper based on our assessment for the NPRM. However, we will continue to gather information on the composition of the in - use fleet and may alter the baseline in a future action, should more data become available that demonstrates our estimate is incorrect. Performance from this baseline can be improved by the use of the following technologies: Aerod ynamic technolog ies: There are opportunities to reduce aerodynamic drag from the tractor, but it is difficult to assess the benefit of individual aerodyn amic features. Therefore, reducing aerody namic drag requires optimizing of the entire s ys tem. The potential areas to reduce drag include all sides of the truck

– front, sides, top, rear and bottom. The grill, bumper, and hood can be designed to minimize the pressure created b y the front of the truck. Technologies such as aerodynamic mirrors and fuel tank fairings can reduce the surface area perpendicular to the wind and provide a smooth surface to minimize disruptions of the air flow. Roof fairings provide a transition to move the air

202 MJ Bradley. Heavy - duty Market Analysis. May 2009. Page 10. 203 US E nvironmental Protection Agency. SmartWay Transport Partnership July 2010 e - update accessed July 16, 2010, from http://www.epa.gov/smartwaylogistics/newsroom/documents/e - update - july - 10.pdf***** E.O. 12866 Review**
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206 of 971 smoothly over the tractor and trailer. Side extenders can minimize the air entrappe d in the gap between the tractor and trailer. Lastly , underbell y treatments can manage the flow of air underneath the tractor. As discussed in the TIAX report, the coefficient of drag (Cd) of a SmartWay sleeper cab high roof tractor is approximately 0.60 , which is a significant improvement over a truck with no aerody namic features which has a Cd value of approximately

0.80. 204 The GEM demonstrates that an aerodynamic improvement of a Class 8 high roof sleeper cab with a Cd value of 0.60 (which represents a Bin III tractor) provides a 5 percent reduction in fuel consumption and CO 2 emissions over a truck with a Cd of 0.68. Lower Rolling Resistance Tires: A tire’s rolling resistance results from the tread compound material, the architecture and materials of the casing, tread design, the tire manufacturing process, and its operating conditions (surface, inflation pressure, speed, temperature, etc.). Differences in rolling resistance of up to 50 percent have been identified for tires designed to equip the same vehicle. The baseline rolling resistance coefficient for today ’s fleet is 7.8 kg/metric ton for the steer tire and 8.2 kg/metric ton for the drive tire, based on sales weighting of the top three manufacturers based on market share. 205 Since 2007, SmartWay trucks have had steer tires with rolling resistance coefficients of less than 6.6 kg/metric ton for the steer tire and less than 7.0 kg/metric ton for the drive tire. 206 Lo w rolling resistance (LRR) drive tires are currently offered in both dual assembly

and single wide - base configurations. Single wide tires can offer rolling resistance reduction along with improved aerodyn amics and weight reduction. The GEM demonstrates that replacing baseline tractor tires with tires which meet the Bin I level provides a

pproximately

a 4 percent reduction in fuel consumption and CO 2 emissions over the prescribed test cycle, as shown in RIA Chapter 2, Figure 2 - 2. Weight Reduction: Reductions in vehicle mass reduce fuel consumption and GHGs b y reducing the overall vehicle m ass to be accelerated and also through increased vehicle payloads which can allow additional tons to be carried by fewer trucks consuming less fuel and producing lower emissions on a ton - mile basis. Initially for proposal, the agencies considered evaluati ng vehicle mass reductions on a total vehicle basis for combination tractors. 207 The agencies considered defining a baseline vehicle curb weight and the GEM would have used the vehicle’s actual curb weight to calculate the increase or decrease in fuel consumption related to the overall vehicle mass relative to that baseline. After considerable evaluation of this issue, including discussions with the industry , we decided it would not be possible to define a single vehicle baseline mass for the tractors that would be appropriate and representative. Actual vehicle curb weights for these classes of vehicles vary by thousands of pounds dependent on customer features added to vehicles and critical to the function of the vehicle in the particular vocation in which it is used. This is true of vehicles such as Class 8 tractors considered in this section that may

appear to be relativel y homogenous but which in fact are quite heterogeneous. 204 See TIAX, Note 198 , Page 4 - 50. 205 See SmartWay, Note 203 , above. 206 Ibid. 207 The agencies are using the approach of evaluating tota l vehicle mass for heavy - duty pickups and vans where we have more data on the current fleet vehicle mass.***** E.O. 12866 Review**
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207 of 971 This reality

led us to the solution we proposed. In the proposal, we reflecte d mass reductions for specific technology substitutions (e.g., installing aluminum wheels instead of steel wheels) where we could with confidence verify the mass reduction information provided b y the manufacturer even though we cannot estimate the actual c urb weight of the vehicle. In this way , we accounted for mass reductions where we can accurately account for its benefits. For the final rules, based on evaluation of the comments, the agencies developed an expanded list of weight reduction opportunitie s, from which the sum of the weight reduction from the technologies installed on a specific tractor can be input into the GEM as listed in Table II - 9 in Section II. The list includes additional components, but not materials, from those proposed in the NPRM. For high strength steel, the weight reduction value is equal to 10 percent of the presumed baseline component weight, as the agencies used a conservative value based on the DOE report. We recognize that there may be additional potential for weight red uction in new high strength steel components which combine the reduction due to the material substitution along with improvements in redesign, as evidenced by the studies done for light - duty vehicles. In the development of the high strength steel component weights, we are only assuming a reduction from material substitution and no weight reduction from redesign, since we do not have an y data specific to redesign of heav y - dut y components nor do we have a regulatory mechanism to differentiate between materia l substitution and improved design. We are finalizing for wheels that both aluminum and light weight aluminum are eligible to be used as light - weight materials. Onl y aluminum and not light weight aluminum can be used as a light - weight material for other components. The reason for this is data was available for light weight aluminum for wheels but was not available for other components. As explained in Section II. B above, the agencies continue to believe that the 400 pound weight target is appropriate for setting the final combination tractor CO 2 emissions and fuel consumption standards. The agencies agree with the commenter that 400 pounds of weight reduction without the use of single wide tires may not be achievable for all tractor configurations. The agencies have expand ed the list of weight reduction components which can be input into the GEM in order to provide the manufacturers with additional means to comply with the combination tractors and to further encourage reductions in vehicle weight. The agencies considered increasing the target value beyond 400 pounds given the additional reduction potential identified in the expanded technology list; however, lacking information on the capacity for the industry to change to these light weight components across the board b y the 2014 model year , we have decided to maintain the 400 pound target. The agencies intend to continue to study the potential for additional weight reductions in our future work considering a second phase of truck fuel efficiency and GHG regulations. A weight reduction of 400 pounds applied to a truck which travels at 70,000 poun ds will have a minimal impact on fuel consumption. However, for trucks which operate at the maximum GVWR which occurs approximately in one third of truck miles travelled, a reduced tare weight will allow for additional payload to be carried. The GEM demo nstrates that a weight reduction of 400 pounds applied to the payload tons for one***** E.O. 12866 Review**
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208 of 971 third of the trips provides a 0.3 percent reduction in fuel consumption and CO 2 emissions over the prescribed test cycle, as shown in Figure 2 - 3 of RIA Chapter 2. Extended I dle Reduction: Auxiliary power units (APU)s, fuel operated heaters, battery supplied air conditioning, and thermal storage s ys tems are among the technologies available today to reduce main engine extended idling from sleeper cabs. Each of these technolog ies reduces the baseline fuel consumption during idling from a truck without this equipment (the baseline) from approximately 0.8 gallons per hour (main engine idling fuel consumption rate) to approximately 0.2 gallons per hour for an APU. 208 EPA and NHTSA agree with the TIAX assessment of a 6 percent reduction in overall fuel consumption reduction. 209 Vehicle Speed Limiters: Fuel consumption and GHG emissions increase proportional to the square of vehicle speed. Therefore, lowering vehicle speeds can signi ficantl y reduce fuel consumption and GHG emissions. A vehicle speed limiter (VSL), which limits the vehicle’s maximum speed, is a simple technology that is utilized today by some fleets (though the t ypical maximum speed setting is often higher than 65 mph ). The GEM shows that using a vehicle speed limiter set at 62 mph on a sleeper cab tractor will provide a 4 percent reduction in fuel consumption and CO 2 emissions over the prescribed test cycles over a baseline vehicle without a VSLor one set above 65 mph. 210 Transmission: As discussed in the 2010 NAS report, automatic and automated manual transmissions may offer the ability to improve vehicle fuel consumption by optimizing gear selection compared to an average driver. However, as also noted in the report and in the supporting TIAX report, the improvement is very dependent on the driver of the truck, such that reductions ranged from 0 to 8 percent. 211 Well - trained drivers would be expected to perform as well or even better than an automatic transmission si nce the driver can see the road ahead and anticipate a changing stoplight or other road condition that an automatic transmission can not anticipate. However, poorly trained drivers that shift too frequentl y or not frequently enough to maintain optimum eng ine operating conditions could be expected to realize improved in - use fuel consumption by

switching from a manual transmission to an automatic or automated manual transmission. Although we believe there may be real benefits in reduced fuel consumption and GHG emissions through the application of dual clutch, automatic or automated manual transmission technology , we are not reflecting this potential improvement in our standard setting or in our compliance model. We have taken this approach because we canno t say with confidence what level of performance improvement to expect.

208 See the RIA Chapter 2 for details. 209 See the 2010 NAS Report, Note 197 , above, at 128. 210 The Center for Biological Diversity thought that the agencies; were limiting their consideration of vehicle speed limiters as a potential control technology due to perceived legal constraints. As noted above, vehicle speed limiters are a potential control technology for heavy duty vehicles and there is no statutory bar on either agency considering the performance of VSLs in developing the standards. 211 See TIAX, Note 198 , above at 4 - 70.***** E.O. 12866 Review**
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209 of 971 Low Friction Transmission, Axle, and Wheel Bearing Lubricants: The 2010 NAS report assessed low friction lubricants for the drivetrain as a 1 percent improvement in fuel consumption based on fleet testing. 212 The light - duty 2012 - 16 MY vehicle rule and the pickup truck portion of this program estimate that low friction lubricants can have an effectiveness value between 0 and 1 percent compared to traditional lubricants. However, it is n ot clear if in many heav y - dut y applications these low friction lubricants could have competing requirements like component durability issues requiring specific lubricants with different properties than low friction. Hy brid: Hy brid powertrain development in Class 7 and 8 tractors has been limited to a few manufacturer demonstration vehicles to date. One of the key benefit opportunities for fuel consumption reduction with hy brids is less fuel consumption when a vehicle is idling, but the standard is alrea dy premised on use of extended idle reduction so use of h ybrid technology would duplicate man y of the same emission reductions attributable to extended idle reduction. NAS estimated that hy brid sy stems would cost approximately

$25,000 per tractor in the 2 015 through the 2020 time frame and provide a potential fuel consumption reduction of 10 percent, of which 6 percent is idle reduction which can be achieved (less expensively) through the use of other idle reduction technologies. 213 The limited reduction po tential outside of idle reduction for Class 8 sleeper cab tractors is due to the mostly highway operation and limited start - stop operation. Due to the high cost and limited benefit during the model ye ars at issue in this action ( as well as issues regardin g sufficiency of lead time ( see S ection III. 2 (a) below) , the agencies are not including h ybrids in assessing standard stringency (or as an input to GEM). However as discussed in Section IV, the agencies are providing incentives to encourage the introduct ion of advanced technologies including hy brid powertrains in appropriate applications. Management: The 2010 NAS report noted man y operational opportunities to reduce fuel consumption, such as driver training and route optimization. The agencies have incl uded discussion of several of these strategies in RIA Chapter 2, but are not using these approaches or technologies in the standard setting process. The agencies are looking to other resources, such as EPA’s SmartWay Transport Partnership and regulations that could potentially be promulgated by

the Federal Highway

Administration and the Federal Motor Carrier Safet y Administration, to continue to encourage the development and utilization of these approaches. (b ) Baseline Engine & Engine Technologies The basel ine engine for the Class 8 tractors is a Heavy Heavy - D ut y Diesel engine with 15 liters of displacement which produces 455 horsepower. The agencies are using a smaller baseline engine for the Class 7 tractors because of the lower combined weights of this c lass of vehicles require less power, thus the baseline is an 11L engine with 350 horsepower. The agencies developed the baseline diesel engine as a 2010 model year engine with an aftertreatment sy stem which meets EPA’s 0.20 grams of NO X/bhp - hr

212 See the 2010 NAS Report, Note 197 , page 67. 213 See the 2010 NAS Report, Note 197 , page 128.***** E.O. 12866 Review**
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210 of 971 standard wi th an SCR system along with EGR and meets the PM emissions standard with a diesel particulate filter with active regeneration. The baseline engine is turbocharged with a variable geometry

turbocharger. The following discussion of technologies describes i mprovements over the 2010 model ye ar baseline engine performance, unless otherwise noted. Further discussion of the baseline engine and its performance can be found in Section III.A.2.6 below. With respect to stringency level, the agencies received comm ents from Cummins and Daimler stating that the proposed stringency levels were appropriate for the lead times. Conversely , the agencies received comments from several environmental groups (UCS, CATF, ACEEE) supporting a greater reduction in engine CO 2 emi ssions and fuel consumption based on the NAS report. Navistar also stated that the agencies’ baseline engine is inappropriate since there is not currently a 0.20 NO X compliant engine in production. A discussion of how the baseline engine configuration can be found below in S ection (2)(b)(i). Navistar also stated that the baseline engines proposed in the NPRM, MY 2010 selective catal yt ic reduction ( SCR) - equipped, coul d not meet the agencies’ statutory obligation to set feasible standards, and requested instead that MY 2010 engines currentl y in - use be used to meet the feasibility factor. The agencies thus disagree with the statement that SCR is infeasible and therefore , the agencies reaffirm that the engine used as the baseline engine in the agencies’ analy sis does indeed exist. In fact, several engine families have been certified by EPA using SCR technology over the past two y ears, all of which have met the 0.20 g/bhp - hr NO X standard. 214 EPA disagrees with Navistar that SCR engines currently

certified do not meet this standard. Compliance with the 0.20 g/bhp - hr FTP NO X standard is measured based on an engine’s performance when tested over a specific dut y c ycl e (see 40 CFR § 86.007 - 11(a)(2)). This is also true regarding the SET standard (see 40 CFR § 86.007 - 11(a)(3)). Further, the FTP and SET tests are average tests, so emissions could go over 0.20 even for some portion of the test itself. Manufacturers are also requi red to ensure that their engines meet the NTE standard under all conditions specified in the regulations (see 40 CFR § 86.007 - 11(a)(4)). Several manufacturers have been able to show compliance with these standards in applications for certification provid ed to EPA for several engine families. Navistar has provided no information indicating that these tests were false or improper. Indeed, Navistar does not appear to suggest, or provide any evidence, that engines with working SCR sy stems do not meet the NO X standard. Thus, it is demonstrably false to conclude that the NO X standard cannot be met with SCR - equipped engines. A more detailed response to these comments appears in Section 6 .2 of the Response to Comment document for this rule. Engine performance f

or CO 2 emissions and fuel consumption can be improved by use of the following technologies:

214 See 2010 Model Year Engine Certification Data and 2011 Model Year Engine Certification Data files located in the Docket EPA - HQ - OAR - 2010 - 0162.***** E.O. 12866 Review**
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211 of 971 Improved Combustion Process: Fuel consumption reductions in the range of 1 to 3 percent over the baseline diesel engine are identified in the 2010 NAS report throu gh improved combustion chamber design, higher fuel injection pressure, improved injection shaping and timing, and higher peak cylinder pressures. 215 Turbochargers: Improved efficiency of a turbocharger compressor or turbine could reduce fuel consumption by approximately 1 to 2 percent over variable geometry turbochargers in the market today . 216 The 2010 NAS report identified technologies such as higher pressure ratio radial compressors, axial compressors, and dual stage turbochargers as design paths to improv e turbocharger efficiency . Higher efficiency

air handling processes: To maximize the efficiency of such processes, induction s ys tems may be improved by manufacturing more efficiently designed flow paths (including those associated with air cleaners, chambe rs, conduit, mass air flow sensors and intake manifolds) and by designing such s ys tems for improved thermal control. Improved turbocharging and air handling s ys tems must include higher efficiency EGR s ys tems and intercoolers that reduce frictional pressur e loss while maximizing the ability

to thermally

control induction air and EGR. The agencies received comments from Honey well confirming that turbochargers provide a role in reducing the CO 2 emissions from engines. Other components that offer opportuniti es for improved flow efficiency include cylinder heads, ports and exhaust manifolds to further reduce pumping losses. Variable air breathing s ystems such as variable valve actuation may provide additional gains at different loads and speeds. The NESCCAF/ IC CT study indicated up to 1.2% reduction could be achieved solely through improved EGR sy stems. Low Temperature Exhaust Gas Recirculation: Most medium - and heav y - duty vehicle diesel engines sold in the U.S. market today use cooled EGR, in which part of th e exhaust gas is routed through a cooler (rejecting energy to the engine coolant) before being returned to the engine intake manifold. EGR is a technology employed to reduce peak combustion temperatures and thus NO X . L ow - temperature EGR uses a larger or se condary EGR cooler to achieve lower intake charge temperatures, which tend to further reduce NO X formation. If the NO X requirement is unchanged, low - temperature EGR can allow changes such as more advanced injection timing that will increase engine efficiency slightl y more than 1 percent. 217 Because low - temperature EGR reduces the engine’s exhaust temperature, it may not be compatible with exhaust energy recovery sy stems such as turbocompounding or a bottoming cycle. Engine Friction Reduction: Reduce d friction in bearings, valve trains, and the piston - to - liner interface will improve efficiency . Any friction reduction must be carefully developed to avoid issues with durability or performance capabilit y. Estimates of fuel consumption improvements due t o reduced friction range from 0 to 2 percent. 218

215 See TIAX. Note 198 , Page 4 - 13. 216 See TIAX Note 198 , Page 4 - 2. 217 See TIAX, Note 198 , Page 4 - 13. 218 TIAX, Note 198 , pg 4 - 15***** E.O. 12866 Review**
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212 of 971 Reduced Parasitic L oads: Accessories that are traditionally gear or belt driven by a vehicle’s engine can be optimized and/or converted to electric power. Examples include the engine water pump, oil pump, fu el injection pump, air compressor, power - steering pump, cooling fans, and the vehicle’s air - conditioning s ys tem. Optimization and improved pressure regulation may significantl y reduce the parasitic load of the water, air and fuel pumps. Electrification may result in a reduction in power demand, because electrically

powered accessories (such as the air compressor or power steering) operate only when needed if they are electrically powered, but they

impose a parasitic demand all the time if they

are engine driven. In other cases, such as cooling fans or an engine’s water pump, electric power allows the accessory to run at speeds independent of engine speed, which can reduce power consumption. The TIAX study used 2 to 4 percent fuel consumption improvement for accessory electrification, with the understanding that electrification of accessories will have more effect in short - haul/urban applications and less benefit in line - haul applications. 219 Bendix, in their comments to the agencies, confirmed that there are engine accessories available that can improve an engine’s fuel efficiency . Selective catal yt ic reduction: This technology is common on 2010 the medium and heav y - dut y diesel engines used in Class 7 and 8 tractors (and the agencies therefore have include d it as part of the baseline engine, as noted above). Because SCR is a highly effective NO X aftertreatment approach, it enables engines to be optimized to maximize fuel efficiency , rather than minimize engine - out NO X . 2010 SCR sy stems are estimated to re sult in improved engine efficiency of approximately

3 to 5 percent compared to a 2007 in - cylinder EGR - based emissions sy stem and by an even greater percentage compared to 2010 in - cylinder approaches. 220 As more effective low - temperature catal ys ts are develo ped, the NO X conversion efficiency of the SCR sy stem will increase. Next - generation SCR sy stems could then enable additional efficiency improvements; alternativel y, these advances could be used to maintain efficiency while down - sizing the aftertreatment. W e estimate that continued optimization of the catal ys t could offer 1 to 2 percent reduction in fuel use over 2010 model ye ar sy stems in the 2014 model year. 221 The agencies estimate an additional 1 to 2 percent reduction may be feasible in the 2017 model ye ar through additional refinement. Mechanical Turbocompounding: Mechanical turbocompounding adds a low pressure power turbine to the exhaust stream in order to extract additional energy , which is then delivered to the crankshaft. Published information on the fuel consumption reduction from mechanical turbocompounding varies between 2.5 and 5 percent. 222 Some of these differences may

depend on the operating condition or duty cycle that was considered b y the different researchers. The performance of a turbocompounding s ys tem tends to be highest at full load and much less or even zero at light load.

219 See TIAX. Note 198 , Page 3 - 5. 220 Stanton, D. “Advanced Diesel Engine Technology Development for High Efficiency, Clean Com bustion.” Cummins, Inc. Annual Progress Report 2008 Vehicle Technol ogies Program: Advanced Com bustion Engine Technologies, US Department of Energy. Pp 113 - 116. December 2008. 221 See TIAX, Note 198 , pg. 4 - 9 222 NESCCA F/ICCT study (p. 54) and TIAX (2009, pp. 3 - 5)***** E.O. 12866 Review**
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213 of 971 Electric Turbocompounding: This approach is similar in concept to mechanical turbocompounding, except that the power turbine drives an electrical generator. The e lectricit y produced can be used to power an electrical motor supplementing the engine output, to power electrified accessories, or to charge a h ybrid s ys tem battery . None of these sy stems have been demonstrated commercially , but modeled results by industry and DOE have shown improvements of 3 to 5 percent. 223 Bottoming C ycle: An engine with bottoming cycle uses exhaust or other heat energy from the engine to create power without the use of additional fuel. The sources of energy include the exhaust, EGR, c harge air, and coolant. The estimates for fuel consumption reduction range up to 10 percent as documented in the 2010 NAS report. 224 However, none of the bottoming cycle or Rankine sy stems has been demonstrated commerciall y and are currently in onl y the re search stage. See Section 2.4.2.7 of the RIA and Section II.B above. **(2) Projected Technology Package Effectiveness and Cost**  (a ) Class 7 and 8 Combination Tractors EPA and NHTSA project that CO 2 emissions and fuel consumption reductions can be feasibl y and cos t - effectivel y achieved in these rules’ time frame s through the increased application of aerodynamic technologies, LRR tires, weight reduction, extended idle reduction technologies, vehicle speed limiters, and engine improvements. The agencies believe that hy brid powertrains sy stems for tractors will not be sufficientl y developed and the necessary manufacturing capacity

put in place to base a standard on any significant volume of hy brid tractors. The agencies are not aware of any full hy brid sy stems currently

developed for long haul tractor applications. To date, h ybrid systems for tractors have been primarily focused on idle shutdown technologies and not the broader energy

storage and recovery

s ys tems necessary

to achieve reductions over ty pical vehicle drive cycles. The final standards reflect the potential for idle shutdown technologies through the GEM model. Further a s highlighted by the 2010 NAS report, the agencies do believe that full hy brid powertrains have the potential in the longer term to provide significant improvements in fuel efficiency and to reduce greenhouse gas emissions. However lacking an y existing sy stems or manufacturing base, we cannot conclude such technology will be available in the 2014 - 2018 timeframe. Developing a full hy b rid s ys tem itself would be a three to five project followed by several more years to put in place manufacturing capacity . The agencies are including incentives for the use of hy brid technologies to help encourage their development and to reward manufactur ers that can produce h ybrids through protot ype and low volume production methods. The agencies also are not including drivetrain technologies in the standard setting process, as discussed in Section II. B.3.h.iv. The agencies evaluated each technology an d estimated the most appropriate application rate of technology into each tractor subcategory . The next sections describe 223 K. G. Duleep of Energy and Environmental Analysis, R. Kruiswyk, 2008, pp. 212 - 214, NESCCAF/ICCT, 2009, p. 54 224 See 2010 NAS Report, Note 197 , page 57.***** E.O. 12866 Review**
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214 of 971 the effectiveness of the individual technologies, the costs of the technologies, the projected application rates of the technologies into the regulatory subcategories, and finally the derivation of the final standards. (i ) Baseline Tractor Performance The agencies developed the baseline tractor for each subcategory to represent an average 2010 model ye ar tractor configured as noted earlier. The approach taken by the agencies was to define the individual inputs to the GEM , as shown in Table III - 1 . For example, the agencies evaluated the industry ’s tractor offerings and concluded that the average tractor contains a generally aerody namic shape (such as roof fairings) and avoids classic features such as an exhaust stacks at the B - pillar, which increase s drag. As noted earlier, our assessment of the baseline new high roof tractor fleet aerodynamics consists of approximately

25 percent Bin I, 70 percent Bin II, and 5 percent Bin III tractors. The baseline rolling resistance coefficient for today ’s fleet is 7.8 kg/metric ton for the steer tire and 8.2 kg/metric ton for the drive tire, based on sales weighting of the top three manufacturers based on market share. 225 The agencies assumed no application of vehicle speed limiters, weight reduction technologies, or idle reduction technologies in the baseline tractor. The agencies use the inputs in the G EM to derive the baseline CO 2 emissions and fuel consumption of Class 7 and 8 tractors. The results are included in Table III - 1 . **Table III**  **- 1**  **: Baseline Tractor Definitions**

Class 7 Class 8 Day Cab Day Cab Sleeper Cab Low Roof Mid

Roof High

Roof Low

Roof Mid

Roof High

Roof Low

Roof Mid

Roof High

Roof **Aerodynamics (Cd)** Baseline 0.77 0.87 0.73 0.77 0.87 0.73 0.77 0.87 0.70 **Steer Tires ( CRR**  **kg/metric ton)** Baseline 7.8 7.8 7.8 7.8 7.8 7.8 7.8 7.8 7.8 **Drive Tires ( CRR**  **kg/metric ton)** Baseline 8.2 8.2 8.2 8.2 8.2 8.2 8.2 8.2 8.2 **Weight Reduction ( lb**  **)** Baseline 0 0 0 0 0 0 0 0 0

**Extended Idle Reduction (gram CO 2**  **/ton -**  **mile reduction)** Baseline N/A N/A N/A N/A N/A N/A 0 0 0 **Vehicle Speed Limiter** Baseline -- -- -- -- -- -- -- -- -- **Engine** Baseline 2010

MY 11L Engine 2010

MY 11L Engine 2010

MY 11L Engine 2010

MY 15L Engine 2010

MY 15L Engine 2010 MY

15L Engine 2010

MY 15L Engine 2010

MY 15L Engine 2010

MY 15L Engine

225 US Environmental Protection Agency. SmartWay Transport Partnership July 2010 e - update accessed July 16, 2010, from http://www.epa.gov/smartwaylogistics/newsroom/documents/e - update - july - 10.pdf

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215 of 971 **Table III**  **- 2**  **: Class**  **7 and 8 Tractor Baseline CO 2**  **Emissions and Fuel Consumption**

Class 7 Class 8 Day Cab Day Cab Sleeper Cab Low Roof Mid

Roof High

Roof Low

Roof Mid Roof High

Roof Low

Roof Mid

Roof High

Roof CO 2 (grams CO 2 /ton - mi le) 116 128 138 88 95 103 80 89 94 Fuel Consumption (gal/1 , 000 ton - mi le) 11.4 12.6 13.6 8.7 9.4 10.1 7.8 8.7 9.3 (ii) Tractor Technology Package Definitions The agencies’ assessment of the final technology effectiveness was developed through the use of the GEM in coordination with chassis testing of three SmartWay certified Class 8 sleeper cabs. The agencies developed the standards through a three - step proces s. First, the agencies developed technology performance characteristics for each technology , described below. Each technology is associated with an input parameter which is in turn modeled in the GEM. The performance levels for the range of Class 7 and 8 tractor aerodyn amic packages and vehicle technologies are described in Table III - 3 . Second, the agencies combined the technology performance levels with a projecte d technology application rate to determine the GEM inputs used to set the stringency of the final standards. Third, the agencies input the parameters into GEM and used the output to determine the final CO 2 emissions and fuel consumption levels. Aerodynamics The aerod ynamic packages are categorized as Bin I, Bin II, Bin III, Bin IV, or Bin V based on the aerod yn amic performance determined through testing conducted by the manufacturer. A more complete description of these aerodynamic packages is included i n Chapter 2 of the RIA. In general, the CdA values for each package and tractor subcategory

were developed through EPA’s coastdown testing of tractor - trailer combinations, the 2010 NAS report, and SAE papers. Tire Rolling Resistance The rolling resistan ce coefficient for the tires was developed from SmartWay ’s tire testing to develop the SmartWay certification, in addition to testing a selection of tractor tires as part of this program. The tire performance was evaluated in three levels - the baseline ( average), 15 percent better than the average, and an additional 15 percent improvement. The first 15 percent improvement represents the threshold used to develop SmartWay

certified tires for long haul tractors. The second 15 percent threshold represents an incremental step for improvements beyond today ’s SmartWay level and represents the best in class rolling resistance of the tires we tested. Weight Reduction***** E.O. 12866 Review**
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216 of 971 The weight reductions were developed from tire manufacturer information, the Aluminum Associatio n, the Department of Energy, and TIAX, as discussed above in Section II.B.3.e. Idle Reduction The benefits for the extended idle reductions were developed from literature, SmartWay

work, and the 2010 NAS report. The agencies received comments from multipl e stakeholders regarding idle reduction technologies (IRT). T wo commenters ask ed us to revise the default value associated with the IRT technology , and two commenters want to use IRT in GEM even without automatic engine shut down ( AES ) . The agencies propo sed AES after 5 minutes with no exceptions to help ensure that the idle reductions are realized in - use . Use of an A ES ensures the main engine will be shut down , where as idle reduction technologies alone do not provide th at level of certainty . Without an a

utomatic shutdown of the main engine, actual savings would depend on operator behavior and thus be essentially unverifiable . The agencies are finalizing the calculation as proposed, along with the automotive engine shutdown requirement. Additional details regarding the comments and calculations are included in RIA Section 2.5.4.2. Several c ommenters requested that the level of emissions reductions vary in GEM by different idle reduction technologies, and one commenter requested that the application of battery

powered APUs be incentivized. The agencies recognize that the level of emission reductions provided by different IRT varies, but are adopting a conservative level to recognize that some vehicles may be sold with onl y an AES but may then install an IR T in - use. Or some vehicles may be sold with one IRT but then choose to install alternative ones in - use. The agencies cannot verify the savings which depend on operator behavior. One commenter requested that we provide manufacturers with an option to allow the AES feature to be reprogammable after a specified number of miles or time in service. The agencies recognize that AES may impact the resale value of tractors and, in response to comments, are adopting provisions for the optional expiration of an AES. Thus, the initial buyer could select AES only for the number of miles based on the expected time before resale. Si milar to vehicle speed limiters, we would discount the impact based on the full life of the truck (e.g. 1, 259 , 000 miles). Additional detail can be found in RIA Section 2.5.4.2. Vehicle Speed Limiter The agencies are not including vehicle speed limiters in the technology package for Class 7 and 8 tractors. Summary of Technology Performance Table III - 3 describes the performance levels for the range of Class 7 and 8 tractor aerod ynamic packages and vehicle technologies.***** E.O. 12866 Review**
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217 of 971 **Table III**  **- 3**  **: Class 7 and 8 Tractor Technology Values** Class 7 Class 8 Day Cab Day Cab Sleeper Cab Low/Mid Roof High

Roof Low/Mid

Roof High

Roof Low

Roof Mid

Roof High

Roof **Aerodynamics (Cd)** Bin I 0.77/0.8 7 0.7 9 0.77/0.87 0.7 9 0.77 0.87 0.7 5 Bin II 0.71/0.8 2 0.7 2 0.71/0.82 0.7 2 0.71 0.82 0.6 8 Bin III 0.6 3 0.6 3 0. 60 Bin IV 0.5 6 0.5 6 0.5 2 Bin V 0.5 1 0.5 1 0.4 7 **Steer Tires ( CRR**  **kg/metric ton)** Baseline 7.8 7.8 7.8 7.8 7.8 7.8 7.8 Level I 6.6 6.6 6.6 6.6 6.6 6.6 6.6 Level II 5.7 5.7 5.7 5.7 5.7 5.7 5.7 **Drive Tires ( CRR**  **kg/metric ton)** Baseline 8.2 8.2 8.2 8.2 8.2 8.2 8.2 Level I 7.0 7.0 7.0 7.0 7.0 7.0 7.0 Level II 6.0 6.0 6.0 6.0 6.0 6.0 6.0 **Weight Reduction ( lb**  **)** Control 400 400 400 400 400 400 400

**Extended Idle Reduction (gram CO 2**  **/ton -**  **mile reduction) a**  Control N/A N/A N/A N/A 5 5 5 **Vehicle Speed Limiter b**  Control N/A N/A N/A N/A N/A N/A N/A Not e s : a While the standards are set based on this value, users would enter another value if AES is not applied or applied for less than the full useful life of the engine. b Vehicle speed limiters are an applicable technology for all Class 7 and 8 tractors, however the standards are not premised on the use of this technology. (iii) Tractor Technology Application Rates As explained above, vehicle manufacturers often introduce major product changes together, as a package. In this manner the manufacturers can optimize their available resources, including engineering, development, manufacturing and marketing activities to create a product with multiple new features. In addition, manufacturers recognize that a truck design will need to remain competitive over the intended life of the design and meet future regulatory

requirements. In some limited cases, manufacturers may i mplement an individual technology

outside of a vehicle’s redesign cycle. With respect to the levels of technology application used to develop the final standards, NHTSA and EPA established technology application constraints. The first ty pe of constraint was established based on the application of fuel consumption and CO 2***** E.O. 12866 Review**
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218 of 971 emission reduction technologies into the different ty pes of tractors. For example, idle reduction technologies are limited to Class 8 sleeper cabs using the assumption that day cabs are not used for overnight hoteling. A second ty pe of constraint was applied to most other technologies and limited their application based on factors reflecting the real world operating conditions that some combination tractors encounter. This second ty pe o f constraint was applied to the aerodyn amic, tire, and vehicle speed limiter technologies. Table III - 4 specifies the application rates that EPA and NHTSA used to deve lop the final standards. The agencies received a significant number of comments related to this second basis. In particular, commenters questioned the reasons for not requiring the maximum reduction technology in every case. The agencies have not done s o because we have concluded that within each of these individual vehicle categories there are particular applications where the use of the identified technologies would be either ineffective or not technically feasible. The addition of ineffective technol ogies provides no environmental or fuel efficiency benefit, increases costs and is not a basis upon which to set a maximum feasible improvement. For example, the agencies have not required the use of full aerod ynamic vehicle treatments on 100 percent of tractors because we know that in many

applications (for example gravel truck engaged in local aggregate delivery) the added weight of the aerodynamic technologies will increase fuel consumption and hence CO 2 emissions to a greater degree than the reduction that would be accomplished from the more aerodyn amic nature of the tractor . To simply set the standard based on the largest reduction possible estimated narrowl y over a single test procedure while ignoring the in - use effects of the technology would in thi s case result in a perverse outcome that is not in keeping with the agencies’ goals or the requirements of the CAA and EI SA . Aerodynamics Application Rate The impact of aerodynamics on a truck’s efficiency increases with vehicle speed. Therefore, the usag e pattern of the truck will determine the benefit of various aerod ynamic technologies. Sleeper cabs are often used in line haul applications and drive the majority

of their miles on the highway travelling at speeds greater than 55 mph. The industry has f ocused aerody

namic technology

development, including SmartWay tractors, on these t yp es of trucks. Therefore the agencies are adopting the most aggressive aerod yn amic technology application to this regulatory subcategory . All of the major manufacturers to day offer at least one SmartWay truck model. The 2010 NAS Report on heav y - dut y trucks found that manufacturers indicated that aerodynamic improvements which yi eld 3 to 4 percent fuel consumption reduction or 6 to 8 percent reduction in Cd values, beyond t echnologies used in today ’s SmartWay trucks are achievable. 226 The aerod yn amic application rate for Class 8 sleeper cab high roof cabs (i.e., the degree of technology application on which the stringency of the final standard is premised) consists of 20 perc ent of Bin IV, 70 percent Bin III, and 10 percent Bin II reflecting our assessment of the fraction of tractors in this segment that can successfull y apply these aerody

namic packages. The 90 percent of tractors that we project can either be Bin II or Bin III equipped reflects the bulk of Class 8 high roof sleeper cab applications. We are not projecting a

226 See TIAX, Note 198 , Page 4 - 40.***** E.O. 12866 Review**
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219 of 971 higher fraction of Bin III aerod ynamic s ys tems because of the limited lead time for the program and the need for these more advanced technologies to be d eveloped and demonstrated before being applied across a wider fraction of the fleet. Aerody namic improvements through new tractor designs and the development of new aerody namic components is an inherently slow and iterative process. Aerody namic impacts are highl y nonlinear and often reflect unexpected interactions between multiple components. Given the nature of aerodyn amic improvements it is inherently difficult to estimate the degree to which improvements can be made beyond previously demonstrated leve ls. The changes required for Bins III and IV reflect the kinds of improvements projected in the Department of Energy ’s Supertruck program. That program assumes that such sy stems can be demonstrated on vehicles b y 2017. In this case, the agencies are pro jecting that truck OEMs will be able to begin implementing these aerodynamic technologies prior to 2017 on a limited scale. Importantly , o ur averaging, banking and trading provisions provide manufacturers with the flexibility to implement these technologies over time even though the standard changes in a single step. The final aerodynamic application for the other tractor regulatory catego ries is less aggressive than for the Class 8 sleeper cab high roof. The agencies recognize that there are truck applications which require on/off - road capability

and other truck functions which restrict the t ype of aerod ynamic equipment applicable. We al so recognize that these ty pes of trucks spend less time at highway speeds where aerody

namic technologies have the greatest benefit. The 2002 VIUS data ranks trucks by major use. 227 The heav y trucks usage indicates that up to 35 percent of the trucks may be used in on/off

- road applications or heavier applications. The uses include construction (16 percent), agriculture (12 percent), waste management (5 percent), and mining (2 percent). Therefore, the agencies analyzed the technologies to evaluate the potential restrictions that would prevent 100 percent application of SmartWay technologies for all of the tractor regulatory

subcategories. As discussed in Section II.B.2.c, in response to comments received from manufacturers making some of these same points , the agencies are finalizing onl y two aerod ynamic bins for low and mid roof tractors. The agencies are reducing the number of bins for these tractors from the proposal to reflect the actual range of aerody namic technologies effective in low and mid roof tra ctor applications. The aerodynamic improvements to the bumper, hood, windshield, mirrors, and doors are developed for the high roof tractor application and then carried over into the low and mid roof applications. As mentioned in Section II.B.2.c, the t y pes of designs that would move high roof tractors from a Bin III to Bins IV and V include features such as gap reducers and integral roof fairings which would not be appropriate on low and mid roof tractors. Thus, the agencies are differentiating the aero dy namic performance for low - and mid - roof tractors into two bins

– Bin I and Bin II. The application rates in the low and mid roof categories are the same as proposed, but aggregated into just two bins. Bin I for these tractors corresponds to the propose d “Classic” and “Conventional” bins and Bin II corresponds to the proposed “SmartWay ,” “Advanced SmartWay ,” and “Advanced SmartWay I I” bins.

227 U.S. Department of Energy. Transportation Energy Data Book, Edition 28 - 2009. Table 5.7.***** E.O. 12866 Review**
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220 of 971 Low Rolling Resistance Tire Application Rate At proposal, the agencies stated that at least one LRR tire model is available today that meets the rolling resistance requirements of the Level I and Level II tire packages so the 2014 MY should afford manufacturers sufficient lead time to install these packages. EPA and NHTSA conducted additional evaluation testing on HD tires used for tractors. The agencies also received several comments on the suitability of low rolling resistance tires for various HD truck applications. The summary of the agencies finding s and a response to issues raised by commenters is presented in Section II.D(1)(a). The agencies note that baseline rolling resistance level for tires installed on tractors is approximately

equivalent to what the agencies consider to be low rolling resistance tires for vocational vehicles because of the tire manufacturer’s focus on improving the rolling resistance of tractor tires. For the tire manufacturers to further reduce tire rolling resistance , the manufacturers must consider several performance criteria that affect tire selection. The characteristics of a tire also influence durability , traction control, vehicle handling, comfort, and retreadability . A single performance parameter can easil y be enhanced, but an optimal balance of all the criteria will require improvements in materials and tread design at a high er cost, as estimated by the agencies. Tire design requires balancing performance, since changes in design may change different performance characteristics in opposing directions. Similar to the discussion regarding lesser aerodyn amic technology applicat ion in tractor segments other than sleeper cab high roof, the agencies believe that the final standards should not be premised on 100 percent application of Level II tires in all tractor segments given the interference with vehicle utility

that would resul t. The agencies are basing their analy ses on application rates that vary by subcategory

recognizing that some subcategories require a different balancing of performance versus rolling resistance. Weight Reduction Technology Application Rate The agencies proposed setting the 2014 model ye ar tractor standards using 100 percent application of a 400 pound weight reduction package. Volvo and ATA stated in their comments that not all fleets can use single wide tires and if this is the case the 400 pound weight reduction cannot be met. The agencies also received comments from MEMA, Navistar, American Chemistry Council, the Auto Policy Center, Iron and Steel Institute, Arvin Meritor, Aluminum Association, and environmental groups and NGOs identifying other pote ntial weight reduction opportunities for tractors. As described in Section II.B.3.e above, the agencies are adopting an expanded list of weight reduction options which can be input into the GEM for the final rulemaking. As also explained in that earlier discussion, the agencies, upon further analy sis, continue to believe that a 400 pound weight reduction package is appropriate for tractors in the time frame . As stated in Section II.B.2.e above, f or tractors where single wide tires are not appropriate, the manufacturers have additional options available to achieve weight reduction, such as bod y panels and chassis components as documented in the earlier discussion. The agencies have extended the list of weight reduction components in order to provide the m anufacturers with additional means to comply with the combination***** E.O. 12866 Review**
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221 of 971 tractors and to further encourage reductions in vehicle weight. The agencies considered increasing the target value beyond 400 pounds given the additional reduction potential components ide ntified in the expanded list; however, lacking information on the capacity for the industry

to change to these light weight components across the board by the 2014 model year , we have decided to maintain the 400 pound target. The agencies intend to continue to study

the potential for additional weight reductions in our future work considering a second phase of truck fuel efficiency and GHG regulations. Idle Reduction Technology Application Rate Idle reduction technologies provide significant reductions in fuel consumption and CO 2 emissions for Class 8 sleeper cabs and are available on the market today, and therefore will be available in the 2014 model y ear. There are several different technologies available to reduce idling. These include APUs, diesel fired heaters, and battery powered units. Our discussions with manufacturers indicate that idle technologies are sometimes installed in the factory , but it is also a common practice to have the units installed after the sale of the truck. We would like t o continue to incentivize this practice and to do so in a manner that the emission reductions associated with idle reduction technology

occur in use . Therefore, as proposed, we are allowing only idle emission reduction technologies with include an automat ic engine shutoff (AES) . We are also adopting some override provisions in response to comments we received (as explained below). As proposed, we adopting a 100 percent application rate for this technology for Class 8 sleeper cabs, even though the current fleet is estimated to have a 30 percent application rate. The agencies are unaware of reasons why AES with extended idle reduction technologies could not be applied to all tractors with a sleeper cab, except those deemed a vocational tractor, in the avai lable lead time. One commenter stated the application rate of AES should be less than 100 percent, but did not recommend an alternative application rate or provide justification for a change. The agencies re - evaluated the proposed 100 percent application rate and determined that a 100 percent application rate for this technology for Class 8 sleeper cabs remains appropriate. The agencies have also considered the many comments which raised concerns about the proposed mandatory 5 minute automatic engine shut down without override capabilit y ( in terms of safet y, extreme temperatures and low battery conditions ) . To avoid unintended adverse impacts, we are adopting limited override provisions. Three of the five exceptions are similar to those currently in effec t under a California Air Resources Board (CARB) regulation . CARB provides AES exceptions (or overrides) within its ex isting heav y - duty vehicle anti - idling law s , which were developed to address these same t ypes of concerns. The exceptions we are adopting in clude override capability during exhaust emissions control device regeneration, during engine servicing and maintenance, when battery state of charge is too low , in e xtreme ambient temperatures , when engine coolant temperature is too low , and during PTO op eration. The RIA provides more detail about these final override provisions in Section 2.5.4.3. The agencies received comment that we should extend the idle reduction benefits beyond Class 8 sleepers, including Class 7 tractors and vocational vehicles. Th e agencies reviewed literature to quantify the amount of idling which is conducted outside of***** E.O. 12866 Review**
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222 of 971 hoteling operations. One study , conducted by Argonne National Laboratory , identified several different ty

pes of trucks which might idle for extended amounts of t ime during the work day . 228 Id ling may occur during the delivery process, queuing at loading docks or border crossings, during power take off operations, or to provide comfort during the work day . However, the study provided onl y “rough estimates” of the i dle time and energy use for these vehicles. The agencies are not able to appropriately develop a baseline of workday

idling for the other t ypes of vehicles and identify the percent of this idling which could be reduced through the use of AES . Absent such information, the agencies cannot justify

adding substantial cost for AES sy stems with such uncertain benefits. Vehicle Speed Limiter Application Rate Vehicle speed limiters may be used as a technology

to meet the standard, but in setting the standard we a ssumed a zero percent application rate of vehicle speed limiters. Although we believe vehicle speed limiters are a simple, easy to implement, and inexpensive technology , we want to leave the use of vehicles speed limiters to the truck purchaser. Since tr

uck fleets purchase trucks today with owner set vehicle speed limiters, we considered not including VSLs in our compliance model. However, we have concluded that we should allow the use of VSLs that cannot be overridden by the operator as a means of compli ance for vehicle manufacturers that wish to offer it and truck purchasers that wish to purchase the technology . In doing so, we are providing another means of meeting that standard that can lower compliance cost and provide a more optimal vehicle solution for some truck fleets. For example, a local beverage distributor may

operate trucks in a distribution network of primaril y local roads. Under those conditions, aerodynamic fairings used to reduce aerodynamic drag provide little benefit due to the low ve hicle speed while adding additional mass to the vehicle. A vehicle manufacturer could choose to install a VSL set a 55 mph for this customer. The resulting truck modeled in GEM could meet our final emission standard without the use of an y specialized aerodynamic fairings. The resulting truck would be optimized for its intended application and would be fully compliant with our program all at a lower cost to the ultimate truck purchaser. 229 As discussed in Section II.B.2. g above, w e have chosen not to base the standards on performance of VSL s because of concerns about how to set a realistic application rate that avoids unintended adverse impacts. Although we expect there will be some use of VSL , currentl y it is used when the fleet involved decides it is fe asible and practicable and increases the overall efficiency of the freight s ys tem for that fleet operator. However, at this point the agencies are not in a position to determine in how many additional situations use of a VSLwould result in similar benefi ts to overall efficiency . Therefore, the agencies are not premising the final standards on use of VSL, and instead will rely on the industry

to select VSL when circumstances are appropriate for its use. The agencies 228 Gaines, L., A. Vyas, J. Anderson. Estimation of Fuel Use by Idling Commercial Trucks. January 2006 229 Ibid 229 T he agencies note that because a VSL value can be input into GEM, its benefits can be directly assessed with the model and off cycle credit applications therefore are not necessary even though the standard is not based on performance of VSLs (i.e. VSL is an on - cycle technology).***** E.O. 12866 Review**
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223 of 971 have not included either the cost or b enefit due to VSL s in anal ys is of the program’s costs and benefits. Implementation of this program may provide greater information for using this technology

in standard setting in the future. Many stakeholders including the American Trucking Association have advocated for more widespread use of vehicle speed limits to address fuel efficiency and greenhouse gas emissions. The Center for Biological Diversit y (C BD) argued the agencies should reflect the use of VSL s in setting the standard for tractors rathe r than assuming no VSLuse in determining the appropriate standard. The agencies have chosen not to do so because , as explained, we are not able at this time to quantify

to potential loss in utility due to the use of VSL s. Absent this information, we cannot make a determination regarding the reasonableness of setting a standard based on a particular VSL level. In confirmation, a number of commenters most notably the Owner Operator Independent Drivers Association (OOIDA) suggest that VSL s could significantl y impact the ability of a vehicle to deliver goods against a fixed schedule and hence would significantl y impact its utility . ATA commented that l imited flexibility must be built into speed limiters as not to interfere with NHTSA planned rulemaking in response to 2006 ATA petition and its 2008 Sustainability Plan . Similar comments were received from DTNA requesting that the age ncies consider any NHTSA safet y regulations that may also be regulating VSLs. NHTSA plans to issue a rule in 2012 addressing the safety performance features of VSL s. Table III - 4 provides the final application rates of each technology broken down by weight class, cab configuration, and roof height.***** E.O. 12866 Review**
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224 of 971 **Table III**  **- 4**  **: Final Technology Application Rates for Class 7 and 8 Tractors**

Class 7 Class 8 Day Cab Day Cab Sleeper Cab Low/Mid Roof High

Roof Low/Mid

Roof High

Roof Low

Roof Mid

Roof High

Roof **Aerodynamics (Cd)** Bin I 4 0% 0% 4 0% 0% 3 0% 3 0% 0% Bin II 6 0% 30% 6 0% 30% 7 0% 7 0% 10% Bin III 60% 60% 70% Bin IV 10% 10% 20% Bin V 0% 0% 0% **Steer Tires ( CRR**  **kg/metric ton)** Baseline 40% 30% 40% 30% 30% 30% 10% Bin I 50% 60% 50% 60% 60% 60% 70% Bin II 10% 10% 10% 10% 10% 10% 20% **Drive Tires ( CRR**  **kg/metric ton)** Baseline 40% 30% 40% 30% 30% 30% 10% Bin I 50% 60% 50% 60% 60% 60% 70% Bin II 10% 10% 10% 10% 10% 10% 20% **Weight Reduction ( lb**  **)** 400 lb. W eight Reduction 100% 100% 100% 100% 100% 100% 100%

**Extended Idle Reduction (gram CO 2**  **/ton -**  **mile reduction)** AES N/A N/A N/A N/A 100% 100% 100% **Vehicle Speed Limiter** VSL 0% 0% 0% 0% 0% 0% 0% (iv) Derivation of the Final Tractor Standards The agencies used the technology inputs and final technology application rates in GEM to develop the final fuel consumption and CO 2 emissions standards for each subcategory

of Class 7 and 8 combination tractors. The agencies derived a scenario tractor for each subcategory by weighting the individual GEM input parameters included in Table III - 3 with the application rates in Table III - 4 . For example, the Cd value for a Class 8 Sleeper Cab High Roof scenario case was derived as 10 percent times 0.68 plus 70 percent times 0.60 plus 20 percent times 0.55, which is equal to a Cd of 0.60. Similar calculations were done for tire rolling resistance, weight reduction, idle reduction, and vehicle speed limiters. To account for the two final engine standards, the agencies assumed a compliant engine in GEM. 230 In other words, EPA is finalizing the use of a 2014 model year fuel consumption map in GEM to derive the 2014 model year tractor standard and a 2017 model year fu el consumption map to derive the 2017 model year tractor standard. 231 The agencies then ran GEM with a single set of vehicle inputs, as shown in Table III - 5 , to derive the final standards for each subcategory . Additional detail is provided in the RIA Chapter 2. 230 See Section III.A.2.b below explaining the derivation of the engine standards 231 As explained further in Section V below , EPA would use these inputs in GEM even for engines electing to use the alternative engine standard.***** E.O. 12866 Review**
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225 of 971 **Table III**  **- 5**  **: GEM Inputs for the Class 7 and 8 Tractor Standard Setting** Class 7 Class 8 Day Cab Day Cab Sleeper Cab Low Roof Mid

Roof High

Roof Low

Roof Mid

Roof High

Roof Low

Roof Mid

Roof High

Roof **Aerodynamics (Cd)** 0.73 0.84 0.65 0.73 0.84 0.65 0.73 0.84 0.59 **Steer Tires ( CRR**  **kg/metric ton)** 6.99 6.99 6.87 6.99 6.99 6.87 6.87 6.87 6.54 **Drive Tires ( CRR**  **kg/metric ton)** 7.38 7.38 7.26 7.38 7.38 7.26 7.26 7.26 6.92 **Weight Reduction ( lb**  **)** 400 400 400 400 400 400 400 400 400

**Extended Idle Reduction (gram CO 2**  **/ton -**  **mile reduction)** N/A N/A N/A N/A N/A N/A 5 5 5 **Vehicle Speed Limiter**

-- -- -- -- -- -- -- **Engine** 2014/17 MY 11L Engine 2014/17

MY 11L Engine 2014/17

MY 11L Engine 2014/17

MY 15L Engine 2014/17

MY 15L Engine 2014/17

MY 15L Engine 2014/17

MY 15L Engine 2014/17

MY 15L Engine 2014/17

MY 15L Engine The level of the 2014 and 2017 model year final standards and percent reduction from the baseline for each subcategory are included in Table III - 6 .***** E.O. 12866 Review**
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226 of 971 **Table III**  **- 6**  **: Final 2014 and 2017 Model Year Tractor Reductions** 2014 Model Year CO 2 Grams per Ton - Mile

Day Cab Sleeper Cab Class 7 Class 8 Class 8 Low Roof 107 81 68 Mid Roof 119 88 76 High Roof 124 92 75 2014 - 2016 Model Year Gallons of Fuel per 1,000 Ton - Mile 232

Day Cab Sleeper Cab Class 7 Class 8 Class 8 Low Roof 10.5 8.0 6.7 Mid Roof 11.7 8.7 7.4 High Roof 12.2 9.0 7.3 2017 Model Year CO 2 Grams per Ton - Mile

Day Cab Sleeper Cab Class 7 Class 8 Class 8 Low Roof 104 80 66 Mid Roof 115 86 73 High Roof 120 89 72 2017 Model Year and Later Gallons of Fuel per 1,000 Ton - Mile

Day Cab Sleeper Cab Class 7 Class 8 Class 8 Low Roof 10.2 7.8 6.5 Mid Roof 11.3 8.4 7.2 High Roof 11.8 8.7 7.1 A summary

of the final technology

package costs is included in Table III - 7 with additional details available in the RIA Chapter 2.

232 Manufacturers may voluntarily opt - in to the NHTSA fuel consumption program in 2014 or 2015. If a manufacturer opts - in, the program becomes mandatory.***** E.O. 12866 Review**
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227 of 971 **Table III**  **- 7**  **: Class 7 and 8 Tractor Technology Costs inclusive of Indirect Cost Markups in the 2014 Model Year**  **a (2009$)**  Class 7 Class 8 Day Cab Day

Cab Sleeper Cab Low/Mid Roof High

Roof Low/ Mid Roof High

Roof Low

Roof Mid

Roof High Roof Aerod ynamics $675 $924 $675 $924 $962 $983 $1,627 Steer Tires $68 $68 $68 $68 $68 $68 $68 Drive Tires $63 $63 $126 $126 $126 $126 $126 Weight Reduction $1,536 $1,536 $ 1,980 $ 1,980 $ 3,275 $ 3,275 $ 1,980 Idle Reduction with Auxiliary Power Unit -- -- -- -- $3,819 $3,819 $3,819 Air Conditioning c $22 $22 $22 $22 $22 $22 $22 Total $2,364 $2,612 $2,871 $3,119 $8,271 $8,291 $7,641 Notes: a Costs shown are for the 2014 model year so do not reflect learning impacts which would result in lower costs for later model years. For a description of the learning impacts considered in this analysis and how it im pacts technology costs for other years, refer to Chapter 2 of the RIA (see RIA 2.2.2) . b Note that values in this table include penetration rates. Therefore, the technology costs shown reflect the average cost expected for each of the indicated classes. To see the actual estimated technology c osts exclusive of penetration rates, refer to Chapter 2 of the RIA (see RIA 2.9 in particular) . c EPA’s air conditioning standards are presented in Section II.E .5 above . (v) Reasonableness of the Final Standards The final standards are based on aggressive application rates for control technologies which the agencies regard as the maximum feasible for purposes of EISA section 32902 (k) and appropriate under CAA section 202 (a) for the reasons given in Section (iii) above; see also RIA Chapter 2.5.8.2. These technologies, at the estimated application rates, are available within the lead time provided, as discussed in RIA Chapter 2.5. Use of these technologies would add only a small amount to the cost of the vehicle, and the associated reductions are highl y c ost effective, an estimated $20 per ton of CO 2 e q per vehicle in 2030 without consideration of the substantial fuel savings. 233 This is even more cost effective than the estimated cost effectiveness for CO 2 e q removal and fuel economy

improvements under the l ight - duty vehicle rule, already considered b y the agencies to be a highly cost effective reduction. 234 Moreover, the cost of controls is rapidly recovered due to the associated fuel savings, as shown in the pay back anal ys is 233 See Section VIII.D below . 234 The light - duty rule had an estimated cost per ton of $50 w hen considering the veh icle program costs only and a cost of - $210 per ton considering the vehicle program costs along with fuel savings in 2030. See 75 FR 25515, Table III.H.3 - 1.***** E.O. 12866 Review**
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228 of 971 included in Table VIII - 11 located in Section VIII below. Thus, overall cost per ton of the program , considering fuel savings, is negative

– fuel savings associated with the rule s more than offset projected costs by a wide margin. See Table VIII - 6 in Section VIII below. Given that the s tandards are technically feasible within the lead time afforded by the 2014 model y ear, are inexpensive and highl y cost effective even without accounting for the fuel savings, and have no apparent adverse potential impacts (e.g., there are no projected neg ative impacts on safet y or vehicle utility), the final standards represent a reasonable choice under section 202(a) of the CAA and the maximum feasible under NHTSA’s EISA authority at 49 U.S.C. 32902(k)(2). (vi) Alternative Tractor Standards Considered The ag encies are not adopting tractor standards less stringent than the proposed standards because the agencies believe these standards are appropriate, highly cost effective, and technologically feasible within the rulemaking time frame. The agencies consider ed adopting tractor standards which are more stringent than those proposed reflecting increased application rates of the technologies discussed. We also considered setting more stringent standards based on the inclusion of hy brid powertrains in tractors. We stopped short of finalizing more stringent standards based on higher application rates of improved aerodynamic controls and tire rolling resistance because we concluded that the technologies would not be compatible with the use profile of a subset of tractors which operate in off - road conditions. We have not adopted more stringent standards for tractors based on the use of hy brid vehicle technologies, believing that additional development and therefore lead - time is needed to develop hy brid s ys tems and battery

technology

for tractors that operate primarily in highway

cruise operations. We know, for example, that hy brid s ys tems are being researched to capture and return energy for tractors that operate in gentl y rolling hills. However, as discussed abov e, it is not clear to us today

that these sy stems will be generall y applicable to tractors in the time frame of this regulation. In addition, even if hy brid technologies were generally available for these tractors during the MY 2014 - 2017 period, their cos ts would be extremel y high and benefits would be limited given that idle reduction controls already capture man y of the same emissions. According to the 2010 NAS Report, hy brid powertrains in tractors have the potential to improve fuel consumption by 10 p ercent, but it displaces the 6 percent reduction for idle reduction technologies, for a net improvement of 4 percent at a cost of $25,000 per vehicle . 235 (b ) Tractor Engines (i ) Baseline Engine Performance As noted above, EPA and NHTSA developed the baseline medium - and heavy heav y - dut y diesel engine to represent a 2010 model y ear engine compliant with the 0.20 g/bhp - hr NO X standard for on - highway heavy - duty

engines.

235 See 2010 NAS Report, Note 197 , Page 146.***** E.O. 12866 Review**
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229 of 971 The agencies developed baseline SET values for medium - and heav y heavy - dut y diesel engines b ased on 2009 model y ear confidential manufacturer data and from testing conducted b y EPA. The agencies adjusted the pre - 2010 data to represent 2010 model ye ar engine maps by

using predefined technologies includ ing SCR and other sy stem s that are being used in current 2010 model year production . I f an engine utilized did not meet the 0.20 g/bhp - hr NO X level, then the individual engine’s CO 2 result was adjusted to accommodate aftertreatment strategies that would result in a 0.20 g/bhp - hr NO X emission level a s described in RIA Chapter 2.4.2.1. The engine CO 2 results were then sales weighted within each regulatory subcategory

(i.e., medium heavy - dut y diesel or heav y heav y - dut y diesel) to develop an industry average 2010 model year reference engine. Although, most of the engines fell within a few percent of this baseline at least one engine was more than six percent above this average baseline.

**Table III**  **- 8**  **: 2010 Model Year Baseline Diesel Engine Perform ance**  CO 2 Emissions (g/bhp - hr) Fuel Consumption

(gallon/100 bhp - hr) Medium Heav y - Dut y Diesel - SET 518 5.09 Heav y Heav y - Duty

Diesel - SET 490 4.81 (ii) Engine Technology Package Effectiveness The MHD and HHD diesel engine technology package for the 2014 model year includes engine friction reduction, improved aftertreatment effectiveness, improved combustion processes, and low temperature EGR system optimization. The agencies considered improvements in parasitic and friction losses through piston designs to reduce f riction, improved lubrication, and improved water pump and oil pump designs to reduce parasitic losses. The aftertreatment improvements are available through lower backpressure of the sy stems and optimization of the engine - out NO X levels. Improvements to the EGR sy stem and air flow through the intake and exhaust sy stems, along with turbochargers can also produce engine efficiency improvements. We note that individual technology

improvements are not additive due to the interaction of technologies. The age ncies assessed the impact of each technology over each of the 13 SET modes to project an overall weighted SET cycle improvement in the 2014 model ye ar of 3 percent, as detailed in RIA Chapter 2.4.2.9 through 2.4.2.14. All of these technologies represent e ngine enhancements already developed beyond the research phase and are available as “off the shelf” technologies for manufacturers to add to their engines during the engine’s next design cycle. We have estimated that manufacturers will be able to implement these technologies on or before the 2014 engine model year. The agencies adopted a standard that therefore reflects a 100 percent application rate of this technology

package. The agencies gave consideration to finalizing a more stringent standard based on the application of mechanical turbocompounding by model year 2014 , a mechanical means of waste heat recovery , but concluded that manufacturers would have insufficient lead - time to complete the necessary product development and validation work necessary to include this technology . Implementing turbocompounding into an engine design must be done through a significant redesign of the engine architecture a***** E.O. 12866 Review**
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230 of 971 process that t ypicall y takes 4 to 5 years. Hence, we believe that turbocompounding is a more appropri ate technology for the agencies to consider in the 2017 timeframe. As explained earlier, EPA’s heav y - duty highway engine standards for criteria pollutants apply

in three year increments. The heavy - duty engine manufacturer product plans have fallen into three ye ar cycles to reflect these requirements. The agencies are finalizing fuel consumption and CO 2 emission standards recognizing the opportunity for technology

improvements over this time frame (specificall y, the addition of turbocompounding to the engine technology package) while reflecting the ty pical heavy duty engine manufacturer product plan redesign and refresh cycles. Thus, the agencies are finalizing a more stringent standard for heav y - d uty engines beginning in the 2017 model year. The MHDD and HHDD engine technology package for the 2017 model ye ar includes the continued development of the 2014 model year technology package including refinement of the aftertreatment s ys tem plus turbocompo unding. The agencies calculated overall reductions in the same manner as for the 2014 model y ear package. The weighted SET cycle improvements lead to a 6 percent reduction on the SET cycle, as detailed in RIA Chapter 2.4.2.12. The agencies’ final standa rds are premised on a 100 percent application rate of this technology package. C ommenter s noted that the National Academ y of Sciences (NAS) study indicates that additional technology improvements can be made to heav y - dut y engines in MY 2014 and 2017. Fo r diesel engine standards, the agencies evaluated the following technologies: combustion sy stem optimization, turbocharging and air handling s ys tems, engine parasitic and friction reduction, integrated aftertreatment sy stems, electrification, and waste heat recovery . The agencies carefully

evaluated the research supporting the NAS report and its recommendations and incorporated them to the extent practicable in the development of the HD p rogram. While the NAS report suggests that greater engine improveme nts c ould be achieved b y the use of technologies such as improved emission control sy stems and turbo - compounding than do the agencies in this final action , we believe the standards being finalized represent the most stringent technically feasible for diese l engines used in tractors and vocational vehicles in the 2014 to 2017 model year time frame . The NAS study concluded that tractor engine fuel consumption can be reduced by approximately 15 percent in the 2015 to 2020 time frame and vocational engine fuel consumption can be reduced b y approximately 10 to 17 percent in the same time frame compared to a 2008 engine baseline. 236 Throughout this presentation, the agencies’ projections of performance improvements are measured relative to a 2010 engine performanc e baseline that itself reflects a four to five percent improvement over the 2008 engine baseline used by NAS. Based on a review of existing studies, NAS study authors found a range of reduction potential exists for improvements in combustion efficiency , e lectrification of accessories; improved emission control sy stems; and turbocompounding. The study

236 National Research Council, "Technologies and Approaches to Reducing the Fuel Consumption of Medium - and Heavy - Duty Vehicles Figure S - 1, page 4, National Acedemies Press, 2011***** E.O. 12866 Review**
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231 of 971 found that improvements in combustion efficiency can provide reductions of 1 percent to 4 percent; electrification of accessories can provide reductions of 2 percent to 5 percent in a hy bridized vehicle; improved emission control sy stems can provide a 1 percent to 4 percent improvement (depending on whether the improvement is to the EGR or SCR sy stem); and a 2.5 percent to 10 percent reduction is possible with mechanical or electrical turbocompounding. While the reductions being finalized in this regulation are lower than tho se published in the NAS study , the agencies believe that the percent reductions being finalized in th e s e rule s are co n sistent with the fi ndings of the NAS study . The reasons for this are as follows. First, some technologies cannot be used b y all manufacturers. For example, improved SCR conversion efficiency , was projected by NAS to provide a 3 percent to 4 percent improvement in fuel co nsumption. Conversely , low temperature EGR was found to provide only

a one percent improvement. While the majority of manufacturers do use SCR sy stems and will be able to realize the 3 percent to 4 percent improvement, not all manufacturers use SCR for N O X aftertreatment. Manufacturers that do not use SCR aftertreatment s ys tems would only be able to realize the 1 percent improvement from low temperature EGR. The agencies need to take into consideration the entire market in setting the stringency

of the standards and , in assessing feasibility and cost, cannot assume that all manufacturers will be able to use all technologies. Second, significant technical advances may be needed in order to realize the upper end of estimates for some technologies. For ex ample, studies evaluated by NAS on turbocompounding found that a 2.5 percent to 10 percent reduction is feasible. However, only one s ys tem is available commerciall y and this sy stem provides reductions on the low end of this range. 237 Li ttle technical infor mation is available on the s ys tems that achieve reductions in the upper range for turbocompounding. These s ys tems are based on proprietary

designs the improvement results for which have not y et been replicated b y other companies or organizations. The age ncies are assuming that all tractor engine manufacturers will use turbocompounding b y 201 7 model year . This will require a significant change in the design of heav y - duty tractor engines, one that represents the maximum technically

feasible standard even at the low end of the assumed improvement spectrum. Finally , different duty

cy cles used in the evaluation of medium - and heav y - duty engine technologies can affect reported fuel consumption improvements. For example, some technologies are dependent on high load conditions to provide the greatest reductions. The dut y c yc les used to evaluate some of the technologies considered b y NAS differed significantly from that used b y the agencies in the modeling for this rulemaking. Maximum and average speed was hig her in some of the cycles used in the studies, for example, and one result was demonstrated on a nonroad engine cycle. In another example, the effectiveness of turbocompounding when evaluated on a duty cycle with higher engine load can show a greater redu ction potential than when evaluated with a lower engine load. In addition, technologies such as improvements to cooling fans, air

237 NAS 2010, page 53 cites Detroit Diesel Corporation, DD15 Brochure, DDC - EMC - BRO - 0003 - 0408, April 2008.***** E.O. 12866 Review**
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23 2 of 971 compressors, and air conditioning sy stems will not be demonstrated using the engine dy namometer test procedures being adopted in this final action because those components are not installed on the engine during the testing. The agencies selected the duty cycles for anal ys is , and for the final standards, that we believed best suited tractor engines. The agencies selected engine technologies and the estimated fuel reduction percentages for setting the standards. For the reasons stated above, the agenc ies believe the technologies and required improvements in fuel consumption represent the maximum feasible improvem ent, and are appropriate, cost - effective , and technologically feasible. We gave consideration to finalizing an even more stringent standard based on the use of waste heat recovery via a Rankine cycle (also called bottoming cycle) but concluded that there i s insufficient lead - time between now and 2017 for this promising technology

to be developed and applied generally to all heavy - dut y engines. TIAX noted in their report to the NAS committee that the engine improvements beyond 2015 model ye ar included in th eir report are highl y uncertain, though they include Rankine cycle t ype waste heat recovery

as applicable sometime between 2016 and 2020. 238 The Department of Energy is working with industry to develop waste heat recovery s ys tems for heav y duty engines. At the Diesel Engine - Efficiency and Emissions Research (DEER) conference in 2010, Caterpillar presented details regarding their waste heat recovery sy stems development effort. In their presentation, Caterpillar clearl y noted that the work is a research proj ect and therefore does not impl y commercial viability. 239 At the same conference, Concepts NREC presented a status of exhaust energy recovery in heavy - dut y engines. The scope of Concepts NREC included the design and development of prototy pe parts. 240 Cummin s, also in coordination with DOE, is also active in developing exhaust energy

recovery sy stems. Cummins made a presentation to the DEER conference in 2009 providing an update on their progress which highlighted opportunities to achieve a 10 percent engine efficiency improvement during their research, but indicated the need to focus their future development on areas with the highest recovery opportunities (such as EGR, exhaust, and charge air). 241 Cummins also indicated that future development would focus on reducing the high additional costs and sy stem complexity . Based upon the assessment of this information, the agencies did not include these technologies in determining the stringency of the final standards. However, we do believe the bottoming cycle app roach represents a significant opportunit y t o reduce fuel consumption and GHG emissions in the future. EPA and NHTSA are therefore both

238 See TIAX, Note 198 , Page 4 - 29. 239 Kruiswyk, R. “An Engine System Approach to Exhaust Waste Heat Recovery.” Presented at DOE DEER Conference on September 29, 2010. Last viewed on May 11, 2011 at http://www1.eere.energy.gov/vehiclesandfuels/pdfs/deer_2010/wednesday/presentations/deer10_k ruiswyk. pdf 240 Cooper, D,, N. Baines, N. Sharp. “Organic Rankine Cycle Turbine for Exhaust Energy Recovery in a Heavy Truck Engine.” Presented at the 2010 DEER Conference. Last viewed on May 11, 2011 at http://www1.eere.energy.gov/vehiclesandfuels/pdfs/d eer_2010/w ednesday/presentations/deer10_baines.pdf 241 Nelson, C. “Exhaust Energy Recovery.” Presented at the DOE DEER Conference on August 5, 2009. Last viewed on May 11, 2011 at http://www1.eere.energy.gov/vehiclesandfuels/pdfs/deer_2009/session5/deer09 _nelson_1.pdf***** E.O. 12866 Review**
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233 of 971 finalizing provisions for advanced technology credits described in Section IV to create incentives for manufacturers to continue to invest to develop this technology . (iii) Derivation of Engine Standards EPA developed the final 2014 model y ear CO 2 emissions standards (based on the SET cycle) for diesel engines by applying the three percent reduction from the technology

package (just explained above) to the 2010 model year baseline values determined using the SET cycle. EPA developed the 2017 model year CO 2 emissions standards for diesel engines while NHTSA similarly developed the 2017 model y ear diesel engine fuel consumption s tandards by applyingthe 6 percent reduction from the 2017 model year technology package (reflecting performance of turbocompounding plus the 2014 MY technology package) to the 2010 model y ear baseline values. The final standards are included in Table III - 9 .

**Table III**  **- 9**  **: Final Diesel Engine Standards Over the SET Cycle** Model Year MHD Diesel Engine HHD Diesel

Engine 2014

– 2016 CO 2 Standard (g/bhp - hr) 502 475

Voluntary

Fuel Consumption Standard (gallon/100 bhp - hr) 4.93 4.67 2017 and later CO 2 Standard (g/bhp - hr) 487 460

Fuel Consumption (gallon/100 bhp - hr) 4.78 4.52 (iv) Engine Technology Package Costs EPA has historically

used two different approaches to estimate the indirect costs (sometimes called fixed costs) of regulations including costs for product development, machine tooling, new capital investments and other general forms of overhead that do no t change with incremental changes in manufacturing volumes. Where the Agency could reasonabl y make a specific estimate of individual components of these indirect costs, EPA has done so. Where EPA could not readil y make such an estimate, EPA has instead r elied on the use of markup factors referred to as indirect cost multipliers (ICMs) to estimate these indirect costs as a ratio of direct manufacturing costs. In general, EPA has used whichever approach it believed could provide the most accurate assessment of cost on a case b y case basis. The agencies’ general approach used elsewhere in this action (for HD pickup trucks, gasoline engines, combination tractors, and vocational vehicles) estimates indirect costs based on the use of ICMs. See also 75 FR 2537 6. We have used this approach generall y because these standards are based on installing new parts and sy stems purchased from a supplier. In such a case, the supplier is conducting the bulk of the research and development on the new parts and sy stems and including those costs in the purchase price paid by the original equipment manufacturer. In this situation, we believe that the ICM approach provides an accurate and clear estimate of the additional indirect costs borne b y the manufacturer.***** E.O. 12866 Review**
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234 of 971 For the heav y - dut y diesel engine segment, however, the agencies do not consider this model to be the most appropriate because the primary cost is not expected to be the purchase of parts or s ys tems from suppliers or even the production of the parts and sy stems, but rather the development of the new technology by the original equipment manufacturer itself. Most of the technologies the agencies are projecting the heav y - dut y engine manufacturers will use for compliance reflect modifications to existing engine sy stems rather than wholesale addition of technology ( e.g. , improved turbochargers rather than adding a turbocharger where it did not exist before as was done in our light - duty joint rulemaking in the case of turbo - downsizing). When the bulk of the costs come from r efining an existing technology rather than a wholesale addition of technology , a specific estimate of indirect costs may be more appropriate. For example, combustion optimization may

significantly

reduce emissions and cost a manufacturer millions of dollars to develop but will lead to an engine that is no more expensive to produce. Using a bill of materials approach would suggest that the cost of the emissions control was zero reflecting no new hardware and ignoring the millions of dollars spent to develo p the improved combustion system. Details of the cost anal ys is are included in the RIA Chapter 2. The agencies did not receive an y comments regarding the cost approach used in the proposal. The agencies developed the engineering costs for the research and development of diesel engines with lower fuel consumption and CO 2 emissions. The aggregate costs for engineering hours, technician support, dynamometer cell time, and fabrication of prototy pe parts are estimated at $6.8 million (2009 dollars) per manu facturer per ye ar over the five ye ars covering 2012 through 2016. In aggregate, this averages out to $284 per engine during 2012 through 2016 using an annual sales v olume of 600,000 light - , medium - and heav y - HD engines. The agencies received comments fro m Horriba regarding the assumption the agencies used in the proposal that said manufacturers would need to purchase new equipment for measuring N 2 O and the associated costs. Horriba provided information regarding the cost of stand - alone FTIR instrumentati on (estimated at $50,000 per unit) and cost of upgrading existing emission measurement sy stems with NDIR anal yz ers (estimated at $25,000 per unit). The agencies further analyzed our assumptions along with Horriba’s comments. Thus, we have revised the equ ipment costs estimates and assumed that 75 percent of manufacturers would update existing equipment while the other 25 percent would require new equipment. The agencies are estimating costs of $63,087 (2009 dollars) per engine manufacturer per engine subc ategory (light - , medium - and heav y - HD) to cover the cost of purchasing photo - acoustic measurement equipment for two engine test cells. This would be a one - time cost incurred in the year prior to implementation of the standard (i.e., the cost would be incur red in 2013). In aggregate, this averages out to less than $1 per engine in 2013 using an annual sales v olume of 600,000 light - , medium - and heav y - HD engines. Where we projected that additional new hardware was needed to the meet the final standards, we d eveloped the incremental costs for those technologies and marked them up using the ICM approach. Table III - 10 below summarizes those estimates of cost on a per item ba sis. All costs shown in Table III - 18 , below, include a low complexity ICM of 1.15 and flat - portion of the curve learning is considered applicable to each technology .***** E.O. 12866 Review**
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235 of 971 **Table III**  **- 10**  **: Heavy**  **- duty**  **Diesel Engine Component Costs for Com bination Tractors**  **a (2009$)**  Technology 2014 2017 Cylinder Head $6 $6 Turbo efficiency $18 $17 EGR cooler $4 $3 Water pump $91 $84 Oil pump $5 $4 Fuel pump $5 $4 Fuel rail $10 $9 Fuel injector $11 $10 Piston $3 $3 Engine Friction Reduction of Valvetrain $82 $76 Turbo - compounding (engines placed in combination tractors only) $0 $875 MHHD and HHDD Total (combination tractors) $234 $1,091 Note: a C osts for aftertreatment improvements for MH and HH diesel engines are covered via the engineering costs (see text). For LH diesel engines, we have included the cost of aftertreatment im provements as a technology cost. The overall diesel engine te chnology package cost for an engine being placed in a combination tractor is $234 in the 2014 model y ear and $1,091in the 2017 model y ear. (v) Reasonableness of the Final Standards The final engine standards appear to be reasonable and consistent with the a gencies’ r espective statutory authorities. With respect to the 2014 and 2017 MY standards, all of the technologies on which the standards are predicated have already been demonstrated in some capacity and their effectiveness is well documented. The final standards reflect a 100 percent application rate for these technologies. The costs of adding these technologies remain modest across the various engine classes as shown in Table III - 10. Use of these technologies would add only a small amount to the cost of the vehicle, 242 and the associated reductions are highl y cost effective, an estimated $20 per ton of CO 2 e q per vehicle. 243 This is even more cost effective than the estimated cost effectiveness for CO 2 e q removal under the light - duty vehicle rule, already considered b y the agencies to be a highly cost effective reduction. 244 Even the more expensive 2017 MY final standard still represents onl y a small fraction of the vehicle’s total cost and is even more cost effective than the light - dut y vehicle rule. Moreo ver, costs are more than offset b y fuel savings. Accordingl y, EPA and NHTSA view these standards as reflecting an appropriate balance of the various statutory factors under section 202(a) of the CAA and under NHTSA’s EISA authority at 49 U.S.C. 32902(k)(2 ).

242 Sam ple 2010 MY day cabs are priced at $89,000 w hile 2010 MY sleeper cabs are priced at $113,000. See page 3 of ICF’s “Investigation of Costs for Strategies to Reduce Greenhouse Gas Emissions for Heavy Duty On - Road Vehicles.” July 2010. 243 See Tractor CO 2 savings and technology costs in Table 7 - 5 in RIA Chapter 7. 244 The light - duty rule had an estimated cost per ton of $50 w hen considering the vehicle program costs only and a cost of - $210 per ton considering the vehicle program costs along w ith fuel savings in 2030. See 75 FR 25515, Table III.H.3 - 1.***** E.O. 12866 Review**
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236 of 971 (vi) Temporary Alternative Standard for Certain Engine Families As discussed above in Section II.B ( 2 )(b), notwithstanding the general reasonableness of the final standards, the agencies recognize that heav y - duty engines have never been subject to GHG or fuel consumption (or fuel econom y) standards and that such control has not necessarily been an independent priorit y for manufacturers. The result is that there are a group of legacy engines with emissions higher than the industry baseline for which compliance with the final 2014 MY standards may be more challenging and for which there may simply be inadequate lead time. The issue is not whether these engines’ GHG and fuel consumption performance cannot be improved by utilizing the technology

packages on which the final standards are based. Those technologies can be utilized by all diesel engines installed in tractors and the same degree of reductions obtained. Rather the underl yi ng base engine components of these engines reflect designs that are decades old and therefore have base performance levels below what is ty pical for the industry

as a who le today . Manufacturers have been graduall y replacing these legacy

products with new engines. Engine manufacturers have indicated to the agencies they

will have to align their planned replacement of these products with our final standards and at the same time add additional technologies beyond those identified by

the agencies as the basis for the final standard. Because these changes will reflect a larger degree of overall engine redesign, manufacturers may not be able to complete this work for all of th eir legacy products prior to model y ear 2014. To pull ahead these already planned engine replacements would be impossible as a practical matter given the engineering structure and lead - times inherent in the companies’ existing product development processe s. We have also concluded that the use of fleet averaging would not address the issue of legacy engines because each manufacturer ty pically produces onl y a limited line of MHDD and HHDD engines. Because there are ample fleetwide averaging opportunities f or heav y - dut y pickups and vans, the agencies do not perceive similar di fficulties for these vehicles. Facing a similar issue in the light - dut y vehicle rule, EPA adopted a Temporary Lead Time Allowance provision whereb y a limited number of vehicles of a su bset of manufacturers would meet an alternative standard in the earl y ye ars of the program, affording them sufficient lead time to meet the more stringent standards applicable in later model years. See 75 FR 25414 - 25418. The agencies are finalizing a sim ilar approach here. As explained above in Section II . B.( 2 )(b), the agencies are finalizing a regulatory

alternative whereb y a manufacturer , for a limited period, w ould have the option to comply

with a unique standard requiring the same level of reduction of emissions (i.e., percent removal) and fuel consumption as otherwise required, but the reduction would be measured from its own 2011 model year baseline. We are thus finalizing an optional standard whereb y manufacturers would elect to have designated e ngine families meet a standard of 3 percent reduction from their 2011 baseline emission and fuel consumption levels for that engine family or engine subcategory . Our assessment is that this three percent reduction is appropriate based on use of similar te chnology

package s at similar cost as we have estimated for the primary program. In the NPRM, we solicited comment on extending this alternative (See 75 FR at 74202). As explained earlier, we have decided not to allow the alternative standard to continue past the 2016 MY. By

this time, the engines should have gone through a redesign cycle which***** E.O. 12866 Review**
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237 of 971 will allow manufacturers to replace those legacy engines which resulted in abnormally high baseline emission and fuel consumption levels and to achieve the MY 2017 standards which would be feasible using the technology package set out above (optimized NO X aftertreatment, improved EGR, reductions in parasitic losses, and turbocharging). Manufacturers would, of course, be free to adopt other technology paths which me et the final MY 2017 standards. Since the alternative standard is premised on the need for additional lead time, manufacturers would first have to utilize all available flexibilities which could otherwise provide that lead time. Thus, as proposed, the a lternative would not be available unless and until a manufacturer had exhausted all available credits and credit opportunities, and engines under the alternative standard could not generate credits. See also 75 FR 25417 - 25419 (similar approach for vehicle s which are part of Temporary L ead Time Allowance under the light - duty

vehicle rule). We are finalizing that manufacturers can select engine families for this alternative standard without agency approval, but are requiring that manufacturers notify

the age ncy

of their choice and also requiring manufacturers to include in that notification a demonstration that it has exhausted all available credits and credit opportunities. Manufacturers would also have to demonstrate their 2011 baseline calculations as par

t of the certification process for each engine famil y for which the manufacturer elects to use the alternative standard. See Section V.C.1(b)(i) below. (vii) Other Engine Standards Considered The agencies are not finalizing engine standards less stringent than the final standards because the agencies believe these final standards are appropriate, highl y cost effective, and technologically feasible, as just described. The agencies considered finalizing engine standards which are more stringent. Since the final standards reflect 100 percent utilization of the various technology packages, some additional technology would have to be added. The agencies are finalizing 2017 model year standards based on the use of turbocompounding. As discussed above in Section II I.A.2.b.iii, the agencies considered the inclusion of more advanced heat recovery

sy stems, such as Rankine or bottoming cycles, which would provide further reductions. However, the agencies are not finalizing this level of stringency

because our assessment is that these technologies would not be available for production by

the 2017 model year. 

### B. **Heavy -**  **Duty Pickup Trucks and Vans** This section describes the process the agencies used to develop the standards the agencies are finalizing for HD pickups and vans . We started by gathering available information about the fuel consumption and CO 2 emissions from recent model y ear vehicles. The core portion of this information comes primarily from EPA’s certification databases, CFEIS and Verify , which contain the pub licly available data 245 regarding emission and fuel economy results. This information is not extensive because manufacturers have not been required to chassis test HD diesel vehicles for EPA’s

245 http://www.epa.gov/otaq/certdata.htm***** E.O. 12866 Review**
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238 of 971 criteria pollutant emissions standards, nor have they been required to conduct any testing of heav y - dut y vehicles on the highway cycle. Nevertheless, enough certification activity has occurred for diesels under EPA’s optional chassis - based program, and, due to a California NO X requirement for the highway test cyc le, enough test results have been voluntarily

reported for both diesel and gasoline vehicles using the highway test cycle, to yi eld a reasonabl y robust data set. To supplement this data set, for purposes of this rulemaking EPA initiated its own testing program using in - use vehicles. This program and the results from it thus far are described in a memorandum to the docket for this rulemaking. 246 Heav y - dut y pickup trucks and vans are sold in a variety of configurations to meet market demands. Among the diffe rences in these configurations that affect CO 2 emissions and fuel consumption are curb weight, GVWR, axle ratio, and drive wheels (two - wheel drive or four - wheel drive). Because the currently - available test data set does not capture all of these configurat ions, it is necessary to extend that data set across the product mix using adjustment factors. In this way a test result from, say a truck with two - wheel drive, 3.73:1 axle ratio, and 8000 lb test weight, can be used to model emissions and fuel consumptio n from a truck of the same basic body design, but with four - wheel drive, a 4.10:1 axle ratio, and 8,500 lb test weight. The adjustment factors are based on data from testing in which onl y the parameters of interest are varied. These parameterized adjustm ents and their basis are also described in a memorandum to the docket for this rulemaking. 247 The agencies requested and received from each of the three major manufacturers confidential information for each model and configuration, indicating the values of e ach of these key

parameters as well as the annual production (for the U.S. market). Production figures are useful because, under our final standards for HD pickups and vans, compliance is judged on the basis of production - weighted (corporate average) emis sions or fuel consumption level, not individual vehicle levels. For consistency and to avoid confounding the anal ys is with data from unusual market conditions in 2009, the production and vehicle specification data is from the 2008 model y ear. We made the simplifying assumption that these sales figures reasonably approximate future sales for purposes of this anal ys is. One additional assessment was needed to make the data set useful as a baseline for the standards selection. Because the appropriate standards are determined by applying efficiency - improving technologies to the baseline fleet, it is necessary to know the level of penetration of these technologies in the latest model year (2010). This information was also provided confidentiall y b y the manufac turers. Generally , the agencies found that the HD pickup and van fleet was at a roughl y consistent level of technology

application, with (1) the transition from 4 - speed to 5 - or 6 - speed automatic transmissions mostly

accomplished, (2) coupled cam phasing to achieve variable valve

246 Memorandum from Cleophas Jackson, U.S.EPA, to docket EPA - HQ - OAR - 2010 - 0162 , "Heavy - Duty Greenhouse Gas and Fuel Consumption Test Program Summary ", Septemb er 20, 2010. 247 Memorandum from Anthony Neam and Jeff Cherry, U.S.EPA, to docket EPA - HQ - OAR - 2010 - 0162 , October 18, 2010.***** E.O. 12866 Review**
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239 of 971 control on gasoline engines likewise mostly in place, 248 and (3) substantial remaining potential for optimizing cataly tic diesel NO X aftertreatment to improve fuel econom y (the new heav y - dut y NO X standards having taken effect in the 2010 model year). Taking this 2010 baseline fleet, and appl yi ng the technologies determined to be feasible and appropriate by the 2018 model ye ar, along with their effectiveness levels, the agencies could then make a determination of appropriate final sta ndards. The assessment of feasibility , described i mmediately below, takes into account the projected costs of these technologies. The derivation of these costs, largel y based on anal ys es developed in the light - dut y GHG and fuel econom y rulemaking, are de scribed in Section III.B(3). Our assessment concluded that the technologies that the agencies considered feasible and appropriate for HD pickups and vans could be consistently applied to essentially

all vehicles across this sector by the 2018 model year. Therefore we did not apply varying penetration rates across vehicle t yp es and models in developing and evaluating the final standards. Since the manufacturers of HD pickups and vans generall y onl y have one basic pickup truck and van with different versio ns (( i.e. , different wheel bases, cab sizes, two wheel drive, four - wheel drive, etc.) and do not have the flexibility of the light - dut y fleet to coordinate model improvements over several ye ars, changes to the HD pickups and vans to meet new standards must be carefully planned with the redesign cycle taken into account. The opportunities for large - scale changes ( e.g. , new engines, transmission, vehicle body and mass) thus occur less frequentl y than in the light - dut y fleet, typicall y at spans of 8 or more y ears. However, opportunities for gradual improvements not necessarily

linked to large scale changes can occur between the redesign cycles. Examples of such improvements are upgrades to an existing vehicle model’s engine, transmission and aftertreatment s ys tems. Given this long redesign cycle and our understanding with respect to where the different manufacturers are in that cycle, the agencies have initially

determined that the full implementation of the final standards would be feasible and appropriate by the 2018 model year. Although we did not determine a technological need for less than full implementation of any

technology , we did decide that a phased implementation schedule would be appropriate to accommodate manufacturers’ redesign workload and p roduct schedules, especiall y in light of this sector’s relatively low sales volumes and long product cycles. We did not determine a specific cost of implementing the final standards immediately

in 2014 without a phase - in, but we assessed it to be much hig her than the cost of the phase - in we are finalizing, due to the workload and product cycle disruptions it would cause, and also due to manufacturers’ resulting need to develop some of these technologies for heav y - duty applications sooner than or simultaneo usly with light - duty development efforts. See generall y 75 FR 25467 - 25468 explaining why attempting major changes outside the redesign cycle period raises very significant issues of both feasibility and cost. On the other hand, waiting until 2018 before appl yi ng any new

248 See Section III.B(2)(a) for our response to comments arguing for inclusion of this technology in the list of technologies needed to me et the standards.***** E.O. 12866 Review**
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240 of 971 standards could miss the opportunity to achieve meaningful and cost - effective earl y reductions not requiring a major product redesign. The final phase - in schedule, 15 - 20 - 40 - 60 - 100 percent in 2014 - 2015 - 2016 - 2017 - 2018, respectivel y, was chos en to strike a balance between meaningful reductions in the earl y ye ars (reflecting the technologies’ penetration rates of 15 and 20 percent) and providing manufacturers with needed lead time via a gradually accelerating ramp - up of technology

penetration. 249 By

expressing the final phase - in in terms of increasing fleetwide stringency

for each manufacturer, while also providing for credit generation and use (including averaging, carry - forward, and carry - back), we believe our program affords manufacturers sub stantial flexibility to satisfy the phase - in through a variet y of pathway s , among them, the gradual application of technologies across the fleet (averaging a fifth of total production in each ye ar), greater application levels on only a portion of the fleet , or a mix of the two. We considered setting more stringent standards that would require the application of additional technologies by 2018. We expect, in fact, that some of these technologies may well prove feasible and cost - effective in this time frame , and may even become technologies of choice for individual manufacturers. This dy namic has played out in EPA programs before and highlights the value of setting performance - based standards that leave engineers the freedom to find the most cost - effective s olutions. However, the agencies do believe that at this stage there is not enough information to conclude that the additional technologies provide an appropriate basis for standard - setting. For example, we believe that 42V stop - start sy stems can be appl ied to gasoline vehicles with significant GHG and fuel consumption benefits, but we recognize that there is uncertainty

at this time over the cost - effectiveness of these s ys tems in heavy duty applications, and legitimate concern with customer acceptance of vehicles with high GCWR towing large loads that would routinely stop running at idle. Hy

brid electric technology

likewise could be applied to heavy - duty vehicles, and in fact has already been so applied on a limited basis. However, the development, desi gn, and tooling effort needed to appl y this technology to a vehicle model is quite large, and seems less likely to prove cost - effective in this time frame , due to the small sales volumes relative to the light - duty sector. Here again, potential customer ac ceptance would need to be better understood because the smaller engines that facilitate much of a h yb rid’s benefit are ty picall y at odds with the importance pickup trucks buy ers place on engine horsepower and torque, whatever the vehicle’s real performance . We also considered setting less stringent standards calling for a more limited set of applied technologies. However, our assessment concluded with a high degree of confidence that the technologies on which the final standards are premised are clearl y av ailable at reasonable cost in the 2014 - 2018 time frame , and that the phase - in and other

249 The NHTSA program provides voluntary standards for model years 2014 and 2015. NHTSA and EPA are also providing an alternative standards phase - in that meets EISA’s requirement for three years of regulatory stability. See Section II.C.d .ii for a more detailed discussion.***** E.O. 12866 Review**
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241 of 971 flexibility provisions allow for their application in a very cost - effective manner, as discussed in this section below. More difficult to characterize is the degree to which more or less stringent standards might be appropriate because of under - or over - estimating effectiveness of the technologies whose performance is the basis of the final standards. Our basis for these estimates is described in the following Section III. B. (1) . Because for the most part these technologies have not y et been applied to HD pickups and vans, even on a limited basis, we are rel yi ng to some degree on engineering judgment in predicting their effectiveness. Even so, we believe that we have applied th is judgment using the best information available, primarily from our recent rulemaking on light - dut y vehicle GHGs and fuel economy , and have generated a robust set of effectiveness values. **(1) What Technologies Did the Agencies Consider?**  The agencies consider ed over 35 vehicle technologies that manufacturers could use to improve the fuel consumption and reduce CO 2 emissions of their vehicles during MYs 2014 - 2018. The majority of the technologies described in this section is readily available, well known, and could be incorporated into vehicles once production decisions are made. Several of the technologies have already been introduced into the heav y - dut y pickup and van market (i.e., variable valve timing, improved accessories, etc.) in a limited number of app lications. Other technologies considered may not currently

be in production, but are beyond the research phase and under development, and are expected to be in production in highway vehicles over the next few years. These are technologies which are capabl e of achieving significant improvements in fuel econom y and reductions in CO 2 emissions, at reasonable costs. The agencies did not consider technologies in the research stage because there is insufficient time for such technologies to move from research t o production during the model ye ars covered b y this final action. The agencies received comments regarding applicability of certain advanced technologies described in the TIAX 2009 report submitted to NAS. Specifically mentioned were turbocharging and downsizing of gasoline vehicles and h ydraulic h ybrid sy stems. While turbocharging and downsizing of gasoline vehicles was a principal technology underl yi ng the standards in the light - duty rule, the agencies determined that in the realm of heavy - dut y vehicles , this approach provides much less benefit to vehicles which are required to regularly operate at high and sustained loads. In light - duty applications, downsizing of a ty picall y oversized engine largel y results in benefits mainly under partial and light l oad conditions. This approach is more applicable to light - duty vehicles because they

infrequentl y require high or full power. Further, while turbo downsizing was alread y occurring in a portion of the light - dut y fleet, it has not been demonstrated in the heavy - dut y fleet, likel y due to concerns with durability of this technology

in the sustained high - load duty cycles frequentl y encountered. Similarly , other light - dut y technologies (i.e., cylinder deactivation, engine start stop) were also determined to not be compatible with the duty cycle of heav y - dut y vehicles for similar reasons. Due to the relatively aggressive implementation of this program and the lack of commercialization in the heav y - dut y market, hydraulic hy brid sy stems were not considered a techno logy

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242 of 971 the HD pickup and van sector. The fact that no HD pickup or van h ydraulic hybrids have been, or are the verge of being marketed makes their widespread introduction before the MY 2018 fin al year of the phase - in very unlikel y. The technologies considered in the agencies’ anal ysis are briefl y described below. They fall into five broad categories: e ngine technologies, transmission technologies, vehicle technologies, electrification/accessory technologies, and hy

brid technologies . In this class of trucks and vans, diesel engines are installed in about half of all vehicles. The ratio between gasoline and diesel engine purchases b y consumers has tended to track changes in the overall cost of oil and the relative cost of gasoline and diesel fuels. When oil prices are higher, diesel sales tend to increase. This trend has reversed when oil prices fall or when diesel fuel prices are significantl y higher than gasoline . In the context of our technology discussion for heav y - dut y pickups and vans, we are treating gasoline and diesel engines separately so each has a set of baseline technologies. We discuss performance improvements in terms of changes to those baseline engines . Our cost and inventory estimates contained elsewhere reflect the current fleet baseline with an appropriate mix of gasoline and diesel engines. Note that we are not basing the final standards on a targeted switch in the mix of diesel and gasoline vehic les. We believe our final standards require similar levels of technology development and cost for both diesel and gasoline vehicles. Hence the final program does not force, nor does it discourage, changes in a manufacturer’s fleet mix between gasoline an d diesel vehicles. Although we considered setting a single standard based on the performance level possible for diesel vehicles, we are not finalizing such an approach because the potential disruption in the HD pickup and van market from a forced shift wo uld not be justified. Typ es of engine technologies that improve fuel efficiency and reduce CO 2 emissions include the following:

 Low - friction lubricants

– low viscosity and advanced low friction lubricants oils are now available with improved performance and better lubrication. If manufacturers choose to make use of these lubricants, they would need to make engine changes and possibly conduct durability

testing to accommodate the low friction lubricants.

 Reduction of engine friction losses

– can be achie ved through low - tension piston rings, roller cam followers, improved material coatings, more optimal thermal management, piston surface treatments, and other improvements in the design of engine components and subsy stems that improve engine operation.

 Cy linder deactivation

– deactivates the intake and exhaust valves and prevents fuel injection into some cylinders during light - load operation. The engine runs temporaril y as though it were a smaller engine which substantially reduces pumping losses.***** E.O. 12866 Review**
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243 of 971  Variable valve timing

– alters the timing of the intake valve, exhaust valve, or both, primarily

to reduce pumping losses, increase specific power, and control residual gases.

 Stoichiometric gasoline direct- injection technology

– injects fuel at high pres sure directly into the combustion chamber to improve cooling of the air/fuel charge within the cylinder, which allows for higher compression ratios and increased thermody namic efficiency .

 Diesel engine improvements and diesel aftertreatment improvements

– improved EGR sy stems and advanced timing can provide more efficient combustion and, hence, lower fuel consumption. Aftertreatment sy stems are a relativel y new technology

on diesel vehicles and, as such, improvements are expected in coming ye ars that al low the effectiveness of these s ys tems to improve while reducing the fuel and reductant demands of current sy stems. Ty pes of transmission technologies considered include:

 Improved automatic transmission controls

– optimizes shift schedule to maximize fuel efficiency

under wide ranging conditions, and minimizes losses associated with torque converter slip through lock - up or modulation.

 Six -, seven -, and eight- speed automatic transmissions

– the gear ratio spacing and transmission ratio are optimized for a broader range of engine operating conditions specific to the mating engine. Ty pes of vehicle technologies considered include:

 Low - rolling- resistance tires

– have characteristics that reduce frictional losses as sociated with the energy dissipated in the deformation of the tires under load, therefore improving fuel efficiency and reducing CO 2 emissions.

 Aerodynamic drag reduction

– is achieved b y changing vehicle shape or reducing frontal area, including skirts, air dams, underbody covers, and more aerodynamic side view mirrors.

 Mass reduction and material substitution

– Mass reduction encompasses a variet y of techniques ranging from improved design and better component integration to application of lighter and h igher - strength materials. Mass reduction is further compounded b y reductions in engine power and ancillary s ys tems (transmission, steering, brakes, suspension, etc.). The agencies recognize there is a range of diversity and complexity

for mass reduction and material substitution technologies and there are man y techniques that automotive suppliers and manufacturers are using to achieve the levels of this technology that the agencies have modeled in our analy sis for this program.***** E.O. 12866 Review**
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244 of 971 Ty pes of electrification/accessory and hy brid technologies considered include:

 Electric power steering and Electro -Hydraulic power steering

– are electrically assisted steering s ys tems that have advantages over traditional hydraulic power steering because it replaces a continuo usly operated hydraulic pump, thereby reducing parasitic losses from the accessory drive.

 Improved accessories

– may include high efficiency

alternators, electrically driven (i.e., on - demand) water pumps and cooling fans. This excludes other electrical accessories such as electric oil pumps and electrically driven air conditioner compressors.

 Air Conditioner Sys tems

– These technologies include improved hoses, connectors and seals for leakage control. They also include improved compressors, expansion valves, heat exchangers and the control of these components for the purposes of improving tailpipe CO 2 emissions as a result of A/C use. 250 **(2) How Did the Agencies Determine the Costs and Effectiveness of Each of**  **These Technologies?** Building on the technical anal ys is underl yi ng the light - dut y 2012 - 2016 MY vehicle rule, the agencies took a fresh look at technology cost and effectiveness values for purposes of this final action. For costs, the agencies reconsidered both the direct or “piece” costs and indirect costs of individual components of technologies. For the direct costs, the agencies followed a bill of materials (BOM) approach emplo yedby NHTSA and EPA in the light - duty rule. For two technologies, stoichiometric gasoline direct injection (SGDI) and turbocharging with engine downsizing, the agencies relied to the extent possible on the available tear - down data and scaling methodologies used in EPA’s ongoing study with FEV, Incorporated. This study consists of complete sy stem tear - down to evaluate technologies down to the nuts and bolts to arrive at very detailed estimates of the costs associated with manufacturing them. 251 For the other technologies, considering all sources of information and using the BOM approach, the agencies worked together intensively to determine component costs for each of the technologies and build up the costs accordingl y. Where estimates differ between sources, we have used engineering judgment to arrive at what we believe to be the best cost estimate available today , and explained the basis for that exercise of judgment.

250 See RIA Chapter 2.3 for more detailed technology descriptions. 251 U.S. Environmental Protection Agency, “Draft Report

– Light - Duty Technology Cost Analysis Pilot Study,” Contract No. EP - C - 07 - 069, Work Assignment 1 - 3, Se ptem ber 3, 2009.***** E.O. 12866 Review**
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245 of 971 Once costs were determined, they were adjusted to ensure that they were all expressed in 2009 dollars using a ratio of gross domestic product (GDP) values for the associated calendar years, 252 and indirect costs were accounted for using the new approach developed b y EPA and used in the light - duty 2012 - 2016 MY vehicle rule. NHTSA and EPA also reconsidered how costs should be adjusted by modifying or scaling content assumptions to account for differences across the range of vehicle sizes and functional requirements, and adjusted the associated material cost impacts to account for the revised content, although some of these adjustments may be different for each agency due to the different vehicle subclasses used in their respective models. Regarding estimates for technology effectiveness, NHTSA and EPA used the estimates from the light - duty rule as a baseline but adjusted them as appropriate, taking into account the unique requirement of the heav y - duty test cycles to test at curb weight plus half payload versus the light - dut y requirement of curb plus 300 lb. The adjustments w ere made on an individual technology basis by assessing the specific impact of the added load on each technology when compared to the use of the technology on a light duty vehicle. The agencies also considered other sources such as the 2010 NAS Report, re cent CAFE compliance data, and confidential manufacturer estimates of technology effectiveness. NHTSA and EPA engineers reviewed effectiveness information from the multiple sources for each technology and ensured that such effectiveness estimates were bas ed on technology

hardware consistent with the BOM components used to estimate costs. Together, the agencies compared the multiple estimates and assessed their validity , taking care to ensure that common BOM definitions and other vehicle attributes such as performance and drivability were taken into account. The agencies note that the effectiveness values estimated for the technologies may represent average values applied to the baseline fleet described earlier, and do not reflect the potentially - limitles s spectrum of possible values that could result from adding the technology

to different vehicles. For example, while the agencies have estimated an effectiveness of 0.5 percent for low friction lubricants, each vehicle could have a unique effectiveness es timate depending on the baseline vehicle’s oil viscosity rating. Similarly , the reduction in rolling resistance (and thus the improvement in fuel efficiency and the reduction in CO 2 emissions) due to the application of LRR tires depends not only on the unique characteristics of the tires originally on the vehicle, but on the unique characteristics of the tires being applied, characteristics which must be balanced between fuel efficie ncy , safet y, and performance. Aerodyn amic drag reduction is much the same—it can improve fuel efficiency and reduce CO 2 emissions, but it is also highly dependent on vehicle - specific functional objectives. For purposes of this NPRM, NHTSA and EPA believe that employing average values for technology effectiveness estimates is an appropriate way of recognizing the potential variation in the specific benefits that individual manufacturers (and individual vehicles) might obtain from adding a fuel - saving techn ology .

252 NHTSA examined the use of the CPI multiplier instead of GDP for adjusting these dollar values, but found the difference to be exceedingly small

– only $0.14 over $100.***** E.O. 12866 Review**
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246 of 971 The following section contains a detailed description of our assessment of vehicle technology

cost and effectiveness estimates. The agencies note that the technology costs included in this NPRM take into account onl y those associated with the ini tial build of the vehicle. (a ) Engine Technologies NHTSA and EPA have reviewed the engine technology estimates used in the light - duty rule. In doing so NHTSA and EPA reconsidered all available sources and updated the estimates as appropriate. The section be low describes both diesel and gasoline engine technologies considered for this program. (i ) Low Friction Lubricants One of the most basic methods of reducing fuel consumption in both gasoline and diesel engines is the use of lower viscosit y engine lubricants. More advanced multi viscosity engine oils are available today with improved performance in a wider temperature band and with better lubricating properties. This can be accomplished by changes to the oil base stock ( e.g. , switching engine lubricants from a Group Ibase oils to lower - friction, lower viscosity Group III s ynthetic) and through changes to lubricant additive packages ( e.g. , friction modifiers and viscosity improvers). The use of 5W - 30 motor oil is now widespread and auto manufacturers are intr oducing the use of even lower viscosity

oils, such as 5W - 20 and 0W - 20, to improve cold - flow properties and reduce cold start friction. However, in some cases, changes to the crankshaft, rod and main bearings and changes to the mechanical tolerances of eng ine components may be required. In all cases, durability testing would be required to ensure that durability is not compromised. The shift to lower viscosity and lower friction lubricants will also improve the effectiveness of valvetrain technologies suc h as cylinder deactivation, which rel y on a minimum oil temperature (viscosity) for operation. Based on the light - dut y 2012 - 2016 MY vehicle rule, and previousl y - received confidential manufacturer data, NHTSA and EPA estimated the effectiveness of low frict ion lubricants to be between 0 to 1 percent. In the light - dut y rule, the agencies estimated the cost of moving to low friction lubricants at $3 per vehicle (2007$). That estimate included a markup of 1.11 for a low complexity

technology . For HD pickups and vans, we are using the same base estimate but have marked it up to 2009 dollars using the GDP price deflator and have used a markup of 1.24 for a low complexity technology

to arrive at a value of $4 per vehicle. As in the light - duty

rule, learning ef

fects are not applied to costs for this technology and, as such, this estimate applies to all model years. 253 , 254

253 Note that throughout the cost estimates for this HD analysis, the a gencies have used slightly higher markups than those used in the 2012 - 2016 MY light - duty vehicle rule. The new, slightly higher ICMs include return on capital of roughly 6%, a factor that was not included in the light - duty analysis. The markups are also h igher than those used the in proposal for this action. That change has to do with our decision to base the ICMs solely on EPA internal work rather than averaging that work with earlier work***** E.O. 12866 Review**
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247 of 971 (ii) Engine Friction Reduction In addition to low friction lubricants, manufacturers can also reduce friction and improve fuel consumption by improving the design of both diesel and gasoline engine components and subs ys tems. Approximately 10 percent of the energy

consumed by

a vehicle is lost to friction, and just over half is due to frictional losses within the engine. 255 Examples include improvements i n low - tension piston rings, piston skirt design, roller cam followers, improved crankshaft design and bearings, material coatings, material substitution, more optimal thermal management, and piston and cylinder surface treatments. Additionally , as compute r - aided modeling software continues to improve, more opportunities for evolutionary friction reductions may

become available. All reciprocating and rotating components in the engine are potential candidates for friction reduction, and minute improvements i n several components can add up to a measurable fuel efficiency improvement. The light - duty 2012 - 2106 MY vehicle rule, the 2010 NAS Report, and NESCCAF and Energy and Environmental Anal ys is reports, as well as confidential manufacturer data, indicate a ra nge of effectiveness for engine friction reduction to be between 1 to 3 percent. NHTSA and EPA continue to believe that this range is accurate. Consistent with the light - duty rule, the agencies estimate the cost of this technology

at $15 per cylinder comp liance cost (2008$), including the low complexity ICM markup value of 1.24. L earning impacts are not applied to the costs of this technology

and, as such, this estimate applies to all model y ears. This cost is multiplied by the number of engine cylinders. (iii) Coupled Cam Phasing Valvetrains with coupled (or coordinated) cam phasing can modify the timing of both the inlet valves and the exhaust valves an equal amount by phasing the camshaft of an overhead valve engine. For overhead valve engines, which have on ly one camshaft to actuate both inlet and exhaust valves, couple cam phasing is the onl y variable valve timing implementation option available and requires only one cam phaser. Based on the light - duty rule, previously - received confidential manufacturer dat a, and the NESCCAF report, NHTSA and EPA estimated the effectiveness of couple cam phasing to be between 1 and 4 percent. NHTSA and EPA reviewed this estimate for purposes of the NPRM, and continue to find it accurate. The agencies received comments quest ioning the exclusion of cam phasing from the technology

packages. During the rulemaking process, manufacturers introduced done under contract to EPA by RTI, International. That change is discussed in Section VIII.C of this preamble and is detailed in Chapter 2 of the RIA ( See RIA 2.2.1) 254 Note that the costs developed for low friction lubes for this analysis reflect the costs associated with any engine changes that would be required as well as any durability testing that may be required. 255 “I mp act of Friction Reduction Technologies on Fuel Economy,” Fenske, G. Presented at the March 2009 Chicago Chapter Meeting of the ‘Society of Tribologists and Lubricated Engineers’ Meeting, March 18th , 2009. Available at: http://www.chicagostle.org/program/2008 - 2009/Impact%20of%20Friction%20Reduction%20Technologies%20on%20Fuel%20Economy%20 - %20with%20VGs%20removed.pdf (last accessed July 9, 2009).***** E.O. 12866 Review**
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248 of 971 many new or updated gasoline engines resulting in the majority of the 2010 gasoline heav y - dut y engines including cam phasing, and so we now consider this technology to be in the baseline fleet. Because of this, the baseline anal ys is of technology for the 2010 heav y - dut y gasoline fleet already includes the benefits of cam phasing and therefore it is not appropriate for the agencies to i nclude this as a technology that is available for most manufactures to add to their current gasoline engines. (iv) Cylinder Deactivation In conventional spark - ignited engines throttling the airflow controls engine torque output. At partial loads, efficiency can be improved by using cylinder deactivation instead of throttling. C yl inder deactivation can improve engine efficiency by disabling or deactivating (usuall y) half of the cylinders when the load is less than half of the engine’s total torque capabilit y – the valves are kept closed, and no fuel is injected

– as a result, the trapped air within the deactivated cylinders is simply compressed and expanded as an air spring, with reduced friction and heat losses. The active cylinders combust at almost double the load required if all of the cylinders were operating. Pumping losses are significantl y reduced as long as the engine is operated in this “part - cylinder” mode. Cylinder deactivation control strategy relies on setting maximum manifold absolute pressure s or predicted torque within a range in which it can deactivate the cylinders. Noise and vibration issues reduce the operating range to which cylinder deactivation is allowed, although manufacturers are exploring vehicle changes that enable increasing the amount of time that cylinder deactivation might be suitable. Some manufacturers may

choose to adopt active engine mounts and/or active noise cancellations sy stems to address Noise Vibration and Harshness (NVH) concerns and to allow a greater operating range of activation. Cylinder deactivation is a technology keyed to more lightly

loaded operation, and so may be a less likel y technology choice for manufacturers designing for effectiveness in the loaded condition required for testing, and in the real worl d that involves frequent operation with heavy loads. Cylinder deactivation has seen a recent resurgence thanks to better valvetrain designs and engine controls. General Motors and Chry sler Group have incorporated cylinder deactivation across a substantia l portion of their light - dut y V8 - powered lineups. Effectiveness improvements scale roughl y with engine displacement - to - vehicle weight ratio: the higher displacement - to - weight vehicles, operating at lower relative loads for normal driving, have the potentia l to operate in part - cylinder mode more frequentl y. For heavy - dut y vehicles tested and operated at loaded conditions, the power to weight ratio is considerabl y lower than the light - dut y case greatl y reducing the opportunity for “part - cylinder” mode and th erefore was not considered in this rulemaking as an effective technology

for heavy - duty pickup truck and van applications. (v) Stoichiometric Gasoline Direct Injection SGDIengines inject fuel at high pressure directl y into the combustion chamber (rather than the intake port in port fuel injection). SGDIrequires changes to the injector design, an additional high pressure fuel pump, new fuel rails to handle the higher fuel***** E.O. 12866 Review**
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249 of 971 pressures and changes to the cylinder head and piston crown design. Direct injection of the fuel into the cylinder improves cooling of the air/fuel charge within the cylinder, which allows for higher compression ratios and increased thermodynamic efficiency without the onset of combustion knock. Recent injector design advances, improved ele ctronic engine management sy stems and the introduction of multiple injection events per cylinder firing cycle promote better mixing of the air and fuel, enhance combustion rates, increase residual exhaust gas tolerance and improve cold start emissions. SG DI engines achieve higher power densit y and match well with other technologies, such as boosting and variable valvetrain designs. Several manufacturers have recently introduced vehicles with SGDIengines, including GM and Ford and have announced their plans to increase dramatically the number of SGDI engines in their portfolios. The light - dut y 2012 - 2016 MY vehicle rule estimated the range of 1 to 2 percent for SGDI. NHTSA and EPA reviewed this estimate for purposes of the NPRM, and continue to find it a ccurate. Consistent with the light - duty rule, NHTSA and EPA cost estimates for SGDI take into account the changes required to the engine hardware, engine electronic controls, ancillary and NVH mitigation sy stems. Through contacts with industry NVH suppli ers, and manufacturer press releases, the agencies believe that the NVH treatments will be limited to the mitigation of fuel s ys tem noise, specificall y from the injectors and the fuel lines. For this anal ys is, the agencies have estimated the costs at $481 (2009$) in the 2014 model year. Flat - portion of the curve learning is applied to this technology . This technology

was considered for gasoline engines only , as diesel engines already emplo y direct injection. (b ) Diesel Engine Technologies Diesel engines hav e several characteristics that give them superior fuel efficiency compared to conventional gasoline, spark - ignited engines. Pumping losses are much lower due to lack of (or greatl y reduced) throttling. The diesel combustion cycle operates at a higher compression ratio, with a very lean air/fuel mixture, and turbocharged light duty diesels t ypicall y achieve much higher torque levels at lower engine speeds than equivalent - displacement naturally - aspirated gasoline engines. Additionally, diesel fuel has a hi gher energy

content per gallon. 256 However, diesel fuel also has a higher carbon to hydrogen ratio, which increases the amount of CO 2 emitted per gallon of fuel used b y approximately

15 percent over a gallon of gasoline. Based on confidential business infor mation and the 2010 NAS Report, two major areas of diesel engine design will be improved during the 2014 - 2018 time frame . These areas include aftertreatment improvements and a broad range of engine improvements.

256 Burning one gallon of diesel fuel produces about 15 percent more carbon dioxide than gasoline due to the higher density and carbon to hydrogen ratio.***** E.O. 12866 Review**
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250 of 971 (i ) Aftertreatment Improvements The HD diesel p ickup and van segment has largely adopted the SCR ty

pe of aftertreatment s ys tem to comply with criteria pollutant emission standards. As the experience base for SCR expands over the next few years, man y improvements in this aftertreatment s ys tem such as c onstruction of the cataly st, thermal management, and reductant optimization will result in a significant reduction in the amount of fuel used in the process. This technology was not considered in the light - dut y rule. Based on confidential business inform ation, EPA and NHTSA estimate the reduction in CO 2 as a result of these improvements at 3 to 5 percent. T he agencies have estimated the cost of this technology at $25 for each percentage improvement in fuel consumption. This estimate is based on the agenc ies’ belief that this technology is, in fact, a very cost effective approach to improving fuel consumption. As such, $25 per percent improvement is considered a reasonable cost. This cost would cover the engineering and test cell related costs necessary to develop and implement the improved control strategies that would allow for the improvements in fuel consumption. Importantly , the engineering work involved would be expected to result in cost savings to the aftertreatment and control hardware (lower pl atinum group metal loadings, lower reductant dosing rates, etc.). Those savings are considered to be included in the $25 per percent estimate described here. Given the 4 percent average expected improvement in fuel consumption results in an estimated cos t of $ 119 (200 9 $) for a 201 4 model year truck or van . This estimate includes a low complexity I CM of 1.24 and flat portion of the curve learning from 2012 forward. (ii) Engine Improvements Diesel engines in the HD pickup and van segment are expected to have se veral improvements in their base design in the 2014

– 2018 time frame . These improvements include items such as improved combustion management, optimal turbocharger design, and improved thermal management. This technology was not considered in the light duty rule. Based on confidential business information, EPA and NHTSA estimate the reduction in CO 2 as a result of these improvements at 4 to 6 percent. The cost for this technology includes costs associated with low temperature exhaust gas recirculation , i mproved turbochargers and improvements to other s ys tems and components. These costs are considered collectivel y in our costing analysis and termed “diesel engine improvements.” The agencies have estimated the cost of diesel engine improvements at $ 148 ba sed on the cost estimates for several individual technologies. Specifically, the direct manufacturing costs we have estimated are: improved cylinder head, $9; turbo efficiency improvements, $16; EGR cooler improvements, $3; higher pressure fuel rail, $10 ; improved fuel injectors, $13; improved pistons, $2; and reduced valve train friction, $ 95 . All values are in 200 9 dollars and are applicable in the 2014 MY. Applying a low complexity I CM of 1. 24 results in a cost of $ 184 (200 9 $) applicable in the 2014M Y. We consider flat - portion of the curve learning to be appropriate for these technologies.***** E.O. 12866 Review**
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251 of 971 (c) Transmission Technologies NHTSA and EPA have also reviewed the transmission technology estimates used in the light - duty

rule. In doing so, NHTSA and EPA considered or reconsidered all available sources and updated the estimates as appropriate. The section below describes each of the transmission technologies considered for the final standards. (i ) Improved Automatic Transmission Control (Aggressive Shift Logi c and Early Torque Converter Lockup) Calibrating the transmission shift schedule to upshift earlier and quicker, and to lock - up or partiall y lock - up the torque converter under a broader range of operating conditions can reduce fuel consumption and CO 2 emissions. However, this operation can result in a perceptible degradation in NVH. The degree to which NVH can be degraded before it becomes noticeable to the driver is strongl y influenced b y characteristics of the vehicle, and although it is somewhat s ubjective, it alway s places a limit on how much fuel consumption can be improved by transmission control changes. Given that the Aggressive Shift Logic and Earl y Torque Converter Lockup are best optimized simultaneously

due to the fact that adding both of them primarily requires only

minor modifications to the transmission or calibration software, these two technologies are combined in the modeling. We consider these technologies to be present in the baseline, since 6 - speed automatic transmissions are ins talled in the majority of Class 2b and 3 trucks in the 2010 model year time frame . (ii) Automatic 6- and 8 - Speed Transmissions Manufacturers can also choose to replace 4 - 5 - and 6 - speed automatic transmissions with 8 - speed automatic transmissions. Additional ratios allow for further optimization of engine operation over a wider range of conditions, but this is subject to diminishing returns as the number of speeds increases. As additional planetary gear sets are added (which may

be necessary

in some cases to a chieve the higher number of ratios), additional weight and friction are introduced. Also, the additional shifting of such a transmission can be perceived as bothersome or busy to some consumers, so manufacturers need to develop strategies for smooth shift s. Some manufacturers are replacing 4 - and 5 - speed automatics with 6 - speed automatics already, and 7 - and 8 - speed automatics have entered production in light - dut y vehicles, albeit in lower - volume applications in luxury

and performance oriented cars. As di scussed in the light - duty rule, confidential manufacturer data projected that 6 - speed transmissions could incrementall y reduce fuel consumption by 0 to 5 percent from a 4 - speed automatic transmission, while an 8 - speed transmission could incrementall y reduc e fuel consumption by up to 6 percent from a 4 - speed automatic transmission. GM has publicly claimed a fuel economy

improvement of up to 4 percent for its new 6 - speed automatic transmissions. 257

257 General Motors, news release, “From Hybrids to Six - Speeds, Direct Injection And More, GM’s 2008 Global Pow ertrain Lineup Provides More Miles with Less Fuel” (released Mar. 6, 2007). Available at***** E.O. 12866 Review**
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252 of 971 NHTSA and EPA reviewed and revised these effectiveness estim ates based on actual usage statistics and testing methods for these vehicles along with confidential business information. When combined with i mproved a utomatic transmission c ontrol , the agencies estimate the effectiveness for a conversion from a 4 to a 6 - speed transmission to be 5.3% and a conversion from a 6 to 8 - speed transmission to be 1.7%. While 8 - speed transmissions were not considered in the light - dut y 2012 - 2016 MY vehicle rule, they

are considered as a technology of choice for this anal ys is in th at manufacturers are expected to upgrade the 6 - speed automatic transmissions being implemented today

with 8 - speed automatic transmissions in the 2014 - 2018 time frame . We are estimating the cost of an 8 - speed automatic transmission at $281 (2009$) relative to a 6 - speed automatic transmission in the 2014 model y ear. This estimate is based from the 2010 NAS Report and we have applied a low complexity I CM of 1.24 and flat portion of the curve learning. This technology applies to both gasoline and diesel pick up trucks and vans. (d ) Electrification/Accessory Technologies (i ) Electrical Power Steering or Electrohydraulic Power Steering Electric power steering (EPS) or Electroh ydraulic power steering (EHPS) provides a potential reduction in CO 2 emissions and fuel consump tion over hydraulic power steering because of reduced overall accessory loads. This eliminates the parasitic losses associated with belt - driven power steering pumps which consistently draw load from the engine to pump hydraulic fluid through the steering actuation sy stems even when the wheels are not being turned. EPS is an enabler for all vehicle h ybridization technologies since it provides power steering when the engine is off. EPS may be implemented on most vehicles with a standard 12V sy stem. Some h eavier vehicles may require a higher voltage system which may add cost and complexity . The light - dut y rule estimated a one to two percent effectiveness based on the 2002 NAS report for light - duty vehicle technologies, a Sierra Research report, and confidential manufacturer data. NHTSA and EPA reviewed these effectiveness estimates and found them to be accurate, thus they have been retained for purposes of this NPRM. NHTSA and EPA adjusted the EPS cost for the current rulemaking based on a review of the spe cification of the sy stem. Adjustments were made to include potentially higher voltage or heavier duty s ys tem operation for HD pickups and vans. Accordingl y, higher costs were estimated for s ys tems with higher capability . After accounting for the differe nces in s ys tem capability and appl yi ng the ICM markup of low complexity technology

of 1.24, the estimated costs are $115 for a MY 2014 truck or van (2009$). As EPS sy stems are in widespread usage today , flat - portion of the curve learning is deemed applica ble. EHPS sy stems are considered to be of equal cost and both are considered applicable to gasoline and diesel engines. http://www.gm.com/experience/fuel_economy/news/2007/adv_engines/2008 - powertrain - lineup - 082707.jsp (last accessed Sept. 18, 2008).***** E.O. 12866 Review**
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253 of 971 (ii) Improved Accessories The accessories on an engine, including the alternator, coolant and oil pumps are traditionally

mechanically - drive n. A reduction in CO 2 emissions and fuel consumption can be realized b y driving the pumping accessories electrically , and only when needed (“on - demand”). Alternator improvements include internal changes resulting in lower mechanical and electrical losses combined with control logic that charges the battery at more efficient voltage levels and during conditions of available kinetic energy from the vehicle which would normally be wasted energy

such as braking during vehicle decelerations. Electric water p umps and electric fans can provide better control of engine cooling. For example, coolant flow from an electric water pump can be reduced and the radiator fan can be shut off during engine warm - up or cold ambient temperature conditions which will reduce w arm - up time, reduce warm - up fuel enrichment, and reduce parasitic losses. Indirect benefit may

be obtained by

reducing the flow from the water pump electrically

during the engine warm - up period, allowing the engine to heat more rapidl y and thereb y reducing the fuel enrichment needed during cold starting of the engine. Further benefit may

be obtained when electrification is combined with an improved, higher efficiency

engine alternator. Intelligent cooling can more easily be applied to vehicles that do not ty

pically carry heavy payloads, so larger vehicles with towing capacity present a challenge, as these vehicles have high cooling fan loads. 258 The agencies considered whether to include electric oil pump technology for the rulemaking. Because it is necessary to operate the oil pump any time the engine is running, electric oil pump technology has insignificant effect on efficiency . Therefore, the agencies decided to not include electric oil pump technology . NHTSA and EPA jointly reviewed the estimates of 1 to 2 percent effectiveness estimates used in the light - duty rule and found them to be accurate for Improved Electrical Accessories. Consistent with the light - duty rule, the agencies have estimated the cost of this technology at $93 (2009$) including a low complexity I CM of 1.24. This cost is applicable in the 2014 model year. Improved accessory s ys tems are in production currentl y and thus flat - portion of the curve learning is applied. This technology was considered for diesel pickup trucks and vans onl y . (e) Vehicle Technologies (i ) Mass Reduction Reducing a vehicle’s mass, or down - weighting the vehicle, decreases fuel consumption by

reducing the energy

demand needed to overcome forces resisting motion, and rolling resistance. Manufacturers employ a systematic approach to mass reduction, where the net mass reduction is the addition of a direct component or s ys tem mass 258 In the CAFE model, improved accessories refer solely to improved engine cooling. H owever, EPA has included a high efficiency alternator in this category, as well as improvements to the cooling system.***** E.O. 12866 Review**
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254 of 971 reduction plus the additional mass reduction taken from indirect ancillary s ystems and components, as a result of full vehicle optimization, effec tivel y compounding or obtaining a secondary

mass reduction from a primary mass reduction. For example, use of a smaller, lighter engine with lower torque - output subsequently allows the use of a smaller, lighter - weight transmission and drive line component s. L ikewise, the compounded weight reductions of the body , engine and drivetrain reduce stresses on the suspension components, steering components, wheels, tires and brakes, allowing further reductions in the mass of these subsy stems. The reductions in unsprung masses such as brakes, control arms, wheels and tires further reduce stresses in the suspension mounting points. This produces a compounding effect of mass reductions. Estimates of the sy

nergistic effects of mass reduction and the compounding effec t that occurs along with it can vary significantly

from one report to another. For example, in discussing its estimate, an Auto - Steel Partnership report states that “These secondary mass changes can be considerable

— estimated at an additional 0.7 to 1.8 ti mes the initial mass change.” 259 This means for each one pound reduction in a primary component, up to 1.8 pounds can be reduced from other structures in the vehicle ( i.e. , a 180 percent factor). The report also discusses that a primary variable in the real ized secondary weight reduction is whether or not the powertrain components can be included in the mass reduction effort, with the lower end estimates being applicable when powertrain elements are unavailable for mass reduction. However, another report b y the Aluminum Association, which primarily focuses on the use of aluminum as an alternative material for steel, estimated a factor of 64 percent for secondary mass reduction even though some powertrain elements were considered in the anal ysis. 260 That report also notes that ty pical values for this factor vary from 50 to 100 percent. Although there is a wide variation in stated estimates, sy nergistic mass reductions do exist, and the effects result in tangible mass reductions. Mass reductions in a single vehicle component, for example a door side impact/intrusion sy stem, may actuall y result in a significantl y higher weight savings in the total vehicle, depending on how well the manufacturer integrates the modification into the overall vehicle des ign. Accordingl y, care must be taken when reviewing reports on weight reduction methods and practices to ascertain if compounding effects have been considered or not. Mass reduction is broadly applicable across all vehicle subsy stems including the engine, exhaust sy stem, transmission, chassis, suspension, brakes, body , closure panels, glazing, seats and other interior components, engine cooling s ys tems and HVAC sy stems. It is estimated that up to 1.25 kilograms of secondary weight savings can be achieved for

259 “Preliminary Vehicle Mass Estimation Using Empirical Subsystem Influence Coefficients,” Malen, D.E., Reddy, K. Auto - Steel Partnership Report, May 2007, Docket EPA - HQ - OAR - 2009 - 0472 - 0169. Accessed on the Internet on May 30, 2009 at: http://www.a sp.org/database/custom/Mass%20Compounding%20 - %20Final%20Report.pdf 260 “Benefit Analysis: Use of Aluminum Structures in Conjunction with Alternative Pow ertrain Technologies in Automobiles,” Bull, M. Chavali, R., Mascarin, A., Aluminum Association Research Report, M ay 2008, Docket EPA - HQ - OAR - 2009 - 0472 - 0168. Accessed on the Internet on April 30, 2009 at: http://www.autoaluminum.org/dow nloads/IBIS - Pow ertrain - Study.pdf***** E.O. 12866 Review**
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255 of 971 every kilogram of weight saved on a light - dut y vehicle when all subs ys tems are redesigned to take into account the initial primary weight savings. 261 , 262 Mass reduction can be accomplished by proven methods such as:
 Smart Design: Computer aided engineering (CAE) tools can be used to better optimize load paths within structures b y reducing stresses and bending moments applied to structures. This allows better optimization of the sectional thicknesses of structural co mponents to reduce mass while maintaining or improving the function of the component. Smart designs also integrate separate parts in a manner that reduces mass by combining functions or the reduced use of separate fasteners. In addition, some “body on frame” vehicles are redesigned with a lighter “unibody” construction.
 Material Substitution: Substitution of lower density and/or higher strength materials into a design in a manner that preserves or improves the function of the component. This includes su bstitution of high - strength steels, aluminum, magnesium or composite materials for components currentl y fabricated from mild steel.
 Reduced Powertrain Requirements: Reducing vehicle weight sufficientl y al lows for the use of a smaller, lighter and more ef ficient engine while maintaining or increasing performance. Approximately half of the reduction is due to these reduced powertrain output requirements from reduced engine power output and/or displacement, changes to transmission and final drive gear ratios . The subsequent reduced rotating mass ( e.g. , transmission, driveshafts/halfshafts, wheels and tires) via weight and/or size reduction of components are made possible b y reduced torque output requirements.
 Automotive companies have largely used weight savi ngs in some vehicle subsy stems to offset or mitigate weight gains in other subs ys tems from increased feature content (sound insulation, entertainment systems, improved climate control, panoramic roof, etc.).
 Li ghtweight designs have also been used to improve vehicle performance parameters b y increased acceleration performance or superior vehicle handling and braking.

261 “Future Generation Passenger Compartment - Validation (ASP 241)” Villano, P.J., Shaw , J.R., Polewarc zyk, J., Morgans, S., Carpenter, J.A., Yocum, A.D., in “Lightweighting Materials

– FY 2008 Progress Report,” U.S. Department of Energy, Office of Energy Efficiency and Renewable Energy, Vehicle Technologies Program, May 2009, Docket EPA - HQ - OAR - 2009 - 0472 - 01 90. 262 “Preliminary Vehicle Mass Estimation Using Empirical Subsystem Influence Coefficients,” Malen, D.E., Reddy, K. Auto - Steel Partnership Report, May 2007, Docket EPA - HQ - OAR - 2009 - 0472 - 0169. Accessed on the Internet on May 30, 2009 at: http://www.a sp.o rg/database/custom/Mass%20Compounding%20 - %20Final%20Report.pdf***** E.O. 12866 Review**
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256 of 971 Many manufacturers have already announced final future products plans reducing the weight of a vehicle body through the use of high strength steel body - in - white, composite body

panels, magnesium alloy front and rear energy

absorbing structures reducing vehicle weight sufficiently to allow a smaller, lighter and more efficient engine. Nissan will be reducing average vehicle curb weight by 15% b y 2015. 263 Ford has identified weight reductions of 250 to 750 lb per vehicle as part of its implementation of known technology

within its sustainability

strategy between 2011 and 2020. 264 Mazda plans to reduce vehicle weight b y 220 pounds per vehicle or more as models are redesigned. 265 , 266 Ducker International estimates that the average curb weight of light duty vehicle fleet will decrease approximately 2.8% from 2009 to 2015 and approximately

6.5% from 2009 to 2020 via changes in automotive materials and incre ased change - over from previously used bod y - on - frame automobile and light - truck designs to newer unibody designs. 263 While the opportunity for mass reductions available to the light - duty

fleet may not in all cases be applied directl y to the heav y - duty fleet due to the different designs for the expected duty c ycl es of a “work” vehicle, mass reductions are still available particularly to areas unrelated to the components and s ys tems necessary for the work vehicle aspects. Due to the payload and towing requirements of these heav y - dut y vehicles, engine downsizing was not considered in the estimates for CO 2 reduction in the area of mass reduction and mate rial substitution. NHTSA and EPA estimate that a 3 percent mass reduction with no engine downsizing results in a 1 percent reduction in fuel consumption. In addition, a 5 and 10 percent mass reduction with no engine downsizing result in an estimated CO 2 reduction of 1.6 and 3.2 percent respectivel y. These effectiveness values are 50% of the light - duty rule values due to the elimination of engine downsizing for this class of vehicle. The agencies have recently completed work on an Interim Joint Technical Assessment Report (TAR) that considers light - duty GHG and fuel economy

standards for the 2017 through 2025 MY and have continued this work for the proposed light - dut y vehicle rule . Based on new information from various industry and literature sources, the TAR report modified the mass reduction/cost relationship used in the light - duty 2012 - 2016 MY vehicle rule to begin at the origin (0% weight reduction) and to have increasing cost with increasing mass reduction. 267 The resulting anal ys is showed costs for 5% mass reduction on light - dut y vehicles to be near zero or cost parity.

263 “Lighten Up!,” Brooke, L., Evans, H. Automotive Engineering International, Vol. 117, No. 3, March 2009. 264 “2008/9 Blueprint for Sustainability,” Ford Motor Company. Available at: http:// www.ford.com/go/sustainability (last accessed February 8, 2010). 265 “Mazda to cut vehicle fuel consumption 30 percent by 2015,” Mazda press release, June 23, 2009. Available at: http://www.mazda.com/publicity/release/2008/200806/080623.html (last accessed February 8, 2010). 266 “Mazda: Don’t believe hot air being emitted by hybrid hype,” Greimel, H. Automotive News, March 30, 2009. 267 “Interim Joint Technical Assessment Report: Light - Duty Vehicle Greenhouse Gas Emission Standards and Corporate Average Fuel Economy Standards for Model Years 2017 - 2025 ;” September 2010; available at http://epa.gov/otaq/climate/regulations/ldv - ghg - tar.pdf and in the docket for this rule.***** E.O. 12866 Review**
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257 of 971 In the proposal for heav y - duty vehicle standards , we estimated mass reduction costs based on the light - duty 2012 - 2016 anal ys is without account ing for the new work completed in the Interim Joint Technical Assessment. Since the proposal, we have been able to consider our cost estimates here in the context of both light - duty and heav y - dut y vehicle bodies of work. For this final action, in aggregat e, we estimate a 5 percent mass reduction at a cost of $80 - 100 per vehicle. We are estimating the following direct manufacturer costs for a 5% mass reduction: Class 2b gasoline , $85 ; Class 2b diesel , $95 ; Class 3 gasoline , $90 ; and Class 3 diesel pickup trucks , $100. Including a low complexity

I CM of 1.24 and using learning on the flat portion of the curve, these values become $103, $115, $109, and $121, respectivel y, applicable in the 2016 MY and expressed in 2009 dollars. This estimate is higher than o ur most recent estimate of mass reduction contained in the light - dut y vehicle Interim Joint Technical Assessment Report because we do not believe that all of the weight reduction opportunities for light - duty vehicles can be applied to heav y - dut y trucks. H owever, we do believe reductions in the following components and sy stems can be found that do not affect the payload and towing requirements of these heav y - dut y vehicles; body , closure panels, glazing, seats and other interior components, engine cooling s y stems and HVAC s ys tems. (ii) Low Rolling Resistance Tires Tire rolling resistance is the frictional loss associated mainly with the energy dissipated in the deformation of the tires under load and thus influences fuel efficiency and CO 2 emissions. Other ti re design characteristics ( e.g. , materials, construction, and tread design) influence durability , traction (both wet and dry grip), vehicle handling, and ride comfort in addition to rolling resistance. A t ypical LRR tire’s attributes would include: increa sed tire inflation pressure, material changes, and tire construction with less hy steresis, geometry

changes ( e.g. , reduced aspect ratios), and reduction in sidewall and tread deflection. These changes would generall y be accompanied with additional changes to suspension tuning and/or suspension design. EPA and NHTSA estimated a 1 to 2 percent increase in effectiveness with a 10 percent reduction in rolling resistance, which was based on the 2010 NAS Report findings and consistent with the light - duty rule. Based on the light - dut y rule and the 2010 NAS Report, the agencies have estimated the cost for LRR tires to be $7 per Class 2b truck or van, and $10 per Class 3 truck or van (both values in 2009$ and inclusive of a 1.24 low complexity markup). 268 The higher cost for the Class 3 trucks and vans is due to the predominant use of dual rear tires and, thus, 6 tires per truck. Due to the commodity - based nature of this technology , cost reductions due to learning are not applied. This technology is con sidered applicable to both gasoline and diesel.

268 “T ires and Passenger Vehicle Fuel Economy,” Transportation Research Board Special Report 286, National Research Council of the National Academies, 2006 , Docket EPA - HQ - OAR - 2009 - 0472 - 0146.***** E.O. 12866 Review**
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258 of 971 (iii) Aerodynamic Drag Reduction Many factors affect a vehicle’s aerody namic drag and the resulting power required to move it through the air. While these factors change with air density and the square and cube of vehicle speed, respectivel y, the overall drag effect is determined b y the product of its frontal area and drag coefficient, Cd. Reductions in these quantities can therefore reduce fuel consumption and CO 2 emissions. Although frontal areas tend to be rel ativel y similar within a vehicle class (mostly due to market - competitive size requirements), significant variations in drag coefficient can be observed. Significant changes to a vehicle’s aerody namic performance may

need to be implemented during a redesign ( e.g. , changes in vehicle shape). However, shorter - term aerody namic reductions, with a somewhat lower effectiveness, may be achieved through the use of revised exterior components (ty picall y at a model refresh in mid - cycle) and add - on devices that curre ntl y being applied. The latter list would include revised front and rear fascias, modified front air dams and rear valances, addition of rear deck lips and underbod y panels, and lower aerodynamic drag exterior mirrors. The light - dut y 2012 - 2016 MY vehicle rule estimated that a fleet average of 10 to 20 percent total aerodyn amic drag reduction is attainable which equates to incremental reductions in fuel consumption and CO 2 emissions of 2 to 3 percent for both cars and trucks. These numbers are generall y su pported b y confidential manufacturer data and public technical literature . For the heavy - duty truck category, a 5 to 10 percent total aerod ynam ic drag reduction was considered due to the different structure and use of these vehicles equating to incrementa l reductions in fuel consumption and CO 2 emissions of 1 to 2 percent. Consistent with the light - duty rule, the agencies have estimated the cost for this technology

at $58 (2009$) including a low complexity I CM of 1.24. This cost is applicable in the 2014 model year to both gasoline and diesel pickup trucks and vans. **(3) What Are the Projected Technology Packages’ Effectiveness and Cost?**  The assessment of the final technology effectiveness was developed through the use of the EPA Lumped Parameter model develope d for the light - dut y rule. Many of the technologies were common with the light - duty assessment but the effectiveness of individual technologies was appropriatel y adjusted to match the expected effectiveness when implemented in a heav y - dut y application. Th e model then uses the individual technology

effectiveness levels but then takes into account technology s yn ergies. The model is also designed to prevent double counting from technologies that may directl y or indirectly impact the same phy sical attribute (e .g., pumping loss reductions). To achieve the levels of the final standards for gasoline and diesel powered heav y - dut y vehicles, the technology packages were determined to generall y require the technologies previousl y discussed respective to unique gasolin e and diesel technologies. Although some of the technologies may already be implemented in a portion of heav y duty vehicles, none of the technologies discussed are considered ubiquitous in the heavy duty fleet. Also, as would be expected, the available t est data shows that some vehicle models will not need the full complement of available technologies to achieve the final standards. Furthermore, many technologies can be further improved (e.g., aerodynamic***** E.O. 12866 Review**
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259 of 971 improvements) from today’s best levels, and so al low for compliance without needing to apply a technology

that a manufacturer might deem less desirable. Technology

costs for HD pickup trucks and vans are shown in Table III - 11 . **Table III**  **- 11**  **Technology Costs for HD Pickup Trucks & Vans Inclusive of Indirect Cost Markups for the 2014MY (2009$)**  Technology Class 2b Gasolin e Class 2b

Diesel Class 3

Gasoline Class 3

Diesel Low friction lubes $4 $4 $4 $4 Engine friction reduction $1 16 N/A $1 16 N/A Stoichiometric gasoline direct injection $ 481 N/A $ 481 N/A Engine improvements N/A $ 184 N/A $ 184 8s automatic transmission (increment to 6s automatic transmission) $ 281 $ 281 $ 281 $ 281 Improved accessories N/A $ 93 N/A $ 93 Low rolling resistance tires $ 7 $ 7 $ 10 $ 10 Aerod ynamic improvements $5 8 $5 8 $5 8 $5 8 Electric (or electro/hydraulic) power steering $1 15 $1 15 $1 15 $1 15 Aftertreatment improvements N/A $11 9 N/A $11 9 Mass reduction (5%) $ 108 $ 121 $ 115 $ 127 Air conditioning $21 $21 $21 $21 Total $1, 190 $1, 003 $1 , 20 9 $1, 013 At 15% phase - in in 2014 $ 17 9 $ 1 50 $ 1 80 $ 1 52 **(4) Reasonableness of the Final Standards**  The final standards are based on the application of the control technologies described in this section. These technologies are available within the lead time provided, as discussed in RIA Chapter 2.3. These controls are estimated to add costs of approximately

$1, 0 48 for MY 2018 heav y - dut y pickups and vans. Reductions associated with these costs and technologies are considerable, estimated at a 12 percent reduction of CO 2 eq emissions from the MY 2010 baseline for gasoline engine - equipped vehicles and 17 percent for diesel engine equipped vehicles, estimated to result in reductions of 18 MMT of CO 2 eq emissions over the lifetimes of 2014 through 2018 MY vehicles. 269 The reductions are cost effective, estimated at $ 90 per ton of CO 2 e q removed in 2030. 270 This cost is co nsistent with the light - dut y rule which was estimated at $100 per ton of CO 2 e q removed in 2020 excluding fuel savings. Moreover, taking into account the fuel savings associated with the program, the cost becomes - $ 230 per ton of CO 2 e q (i.e. a savings of $ 230 per ton) in 2030. The cost of controls is fully recovered due to the associated fuel
269 See Table VI - 4 of this preamble. 270 See Table VIII - 3 of this preamble .***** E.O. 12866 Review**
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260 of 971 savings, with a pay

back period in the second ye ar of ownership, as shown in Table VIII - 9 below in Section VIII. Given the large, cost effective emission reductions b ased on use of feasible technologies which are available in the lead time provided, plus the lack of adverse impacts on vehicle safet y or utility, EPA and NHTSA regard these final standards as appropriate and consistent with our respective statutory authorities under CAA section 202 (a) and NHTSA’s EISA authority under 49 U.S.C. 32902(k)(2). Based on the discussion above, NHTSA believes these standards are the maximum feasible under EISA. **(5) Alternative**  **HD Pickup Truck and Van Standards Considered**  The agencie s rejected consideration of any less stringent standards given that the standards adopted are feasible at reasonable cost and cost - effectiveness within the lead time of the program. Furthermore, as explained above, because the standards are premised on 10 0 percent application of available technologies during this period, the agencies rejected adoption of more stringent standards. The agencies have also explained above wh y the phase - in period for the standards is reasonable and that attempting more aggress ive phase - ins would start to force changes outside normal redesign cycles at likel y exorbitant cost. 

### C. **Class 2b -**  **8 Vocational Vehicles** Vocational vehicles cover a wide variet y of applications which influence both the body st yl e and usage patterns. They also are built using a complex process, which includes additional entities such as bod y builders. These factors create special sensitivity to concerns of needed lead time, as well as developing standards that do not interfere with vocational vehicles’ utility . The agencies are adopting a standard for vocational vehicles for the first phase of the program that relies on less extensive addition of technology than do the other regulatory

categories as well as making the chassis manufacturer the manufacturer subject to the standard. We intend that future rulemakings will consider increased stringency

and possibly

more application - specific standards. The agencies are also finalizing standards for the diesel and gasoli ne engines installed in vocational vehicles, similar to those discussed above for HD engines installed in Class 7 and 8 tractors. **(1) What Technologies Did the Agencies Consider to Reduce the CO**  **2 Emissions and Fuel Consumption of Vocational Vehicles?**  Similar to the approach taken with tractors, the agencies evaluated aerodyn amic, tire, idle reduction, weight reduction, hy brid powertrain, and engine technologies and their impact on reducing fuel consumption and GHG emissions. The engines used in vocational ve hicles include both gasoline and diesel engines, thus, each ty pe is discussed separately below. As explained in Section II.D.1.b, the final regulatory structure for heav y - dut y engines separates the compression ignition (or “diesel”) engines into three regulatory

subcategories - light heav y, medium heav y, and heav y heav y diesel engines -- while spark ignition (or “gasoline”) engines are a single regulatory subcategory

(an approach for which there was consensus in the public comments). Therefore, the subs equent discussion will assess each t ype of engine separatel y.***** E.O. 12866 Review**
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261 of 971 (a ) Vehicle Technologies Vocational vehicles ty

pically travel fewer miles than combination tractors. They also tend to be used in more urban locations (with consequent stop and start drive cycles). Therefore the average speed of vocational vehicles is significantl y lower than combination tractors. This has a significant effect on the ty pes of technologies that are appropriate to consider for reducing CO 2 emissions and fuel consumption. The agencie s considered the ty pe of technologies for vocational vehicles based on the energy

losses of a t yp ical vocational vehicle. The technologies are similar to the ones considered for combination tractors. Argonne National L ab conducted an energy audit using s imulation tools to evaluate the energy losses of vocational vehicles, such as a Class 6 pickup and delivery truck. Argonne found that 74 percent of the energy losses are attributed to the engine, 13 percent to tires, 9 percent to aerodyn amics, two percent to transmission losses, and the remaining four percent of losses to axles and accessories for a medium - duty

truck traveling at 30 mph. 271 Low Rolling Resistance Tires: Tires are the second largest contributor to energy losses of vocational vehicles, as f ound in the energy

audit conducted by

Argonne National Lab (as just mentioned). The range of rolling resistance of tires used on vocational vehicles today is large. This is in part due to the fact that the competitive pressure to improve rolling resistan ce of vocational vehicle tires has been less than that found in the line haul tire market. In addition, the drive cycles t ypical for these applications often lead truck buyers to value tire traction and durability more heavil y than rolling resistance. Th erefore, the agencies concluded that a regulatory program that seeks to optimize tire rolling resistance in addition to traction and durability can bring about fuel consumption and CO 2 emission reductions from this segment. The 2010 NAS report states that rolling resistance impact on fuel consumption reduces with mass of the vehicle and with drive cycles with more frequent starts and stops. The report found that the fuel consumption reduction opportunity for reduced rolling resistance ranged between one and three percent in the 2010 through 2020 time frame . 272 The agencies estimate that average rolling resistance from tires in 2010 model year can be reduced by 10 percent for 50 percent of the vehicles by 2014 model ye ar based on the tire development achieve ments over the last several ye ars in the line haul truck market . Aerod ynamics: The Argonne National lab work shows that aerodyn amics has less of an impact on vocational vehicle energy losses than do engines or tires. In addition, the aerodynamic performance of a complete vehicle is significantly influenced by the bod y of the vehicle . The agencies are not regulating body builders in this phase of regulations for the reasons discussed in Section II. Therefore, we are not basing an y of the final standards for vocational vehicles on aerody namic improvements. Nor would aerod ynamic performance be input into GEM to demonstrate compliance.

271 Argonne National Lab. Evaluation of Fuel Consumption Potential of Medium and Heavy - duty Vehicles through Modeling and Simulation. October 2009. Page 89. 272 See 2010 NAS Report, Note 197 , page 146.***** E.O. 12866 Review**
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262 of 971 Weight Reduction: NHTSA and EPA are also not basing an y of the final vocational vehicle standards on use of vehicle weight reduction. Thus, vehicle mass reductions are not an input into GEM. The agencies are taking this approach despite comments suggesting that the agencies make use of weight reductions for this segment , because we are unable to quantify the potential imp act of weight reduction on vehicle utility in this broad segment. Vocational vehicles serve an incredibl y diverse range of functions . Each of these unique vehicle functions is likely to have its own unique tradeoff between vehicle utility and the potenti al for vehicle mass reduction. The agencies have not been able at this time to determine the degree to which such tradeoffs exist nor the specific level of the tradeoff for each unique vehicle vocation. No commenter provided data to inform this question. Absent this information, the agencies cannot at this time project the potential for worthwhile weight reductions from vocational vehicles. Drivetrain: Optimization of vehicle gearing to engine performance through selection of transmission gear ratios, final drive gear ratios and tire size can play a significant role in reducing fuel consumption and GHGs. Optimization of gear selection versus vehicle and engine speed accomplished through driver training or automated transmission gear selection can prov ide additional reductions. The 2010 NAS report found that the opportunities to reduce fuel consumption in heavy - dut y vehicles due to transmission and driveline technologies in the 2015 time frame ranged between 2 and 8 percent. 273 Initially , the agencies c onsidered reflecting transmission choices and technology

in our standard setting process for both tractors and vocational vehicles (see previous discussion above on automated manual and automatic transmissions for tractors ) . We have however decided not to do so for the following reasons. The primary

factors that determine optimum gear selection are vehicle weight, vehicle aerodynamics, vehicle speed, and engine performance typically considered on a two dimensional map of engine speed and torque. For a gi ven power demand (determined b y speed, aerody namics and vehicle mass) an optimum transmission and gearing setup will keep the engine power delivery operating at the best speed and torque points for highest engine efficiency . Since power delivery from the engine is the product of speed and torque a wide range of torque and speed points can be found that deliver adequate power, but onl y a smaller subset will provide power with peak efficiency . Said more generall y, the design goal is for the transmission to deliver the needed power to the vehicle while maintaining engine operation within the engine’s “sweet spot” for most efficient operation. Absent information about vehicle mass and aerodynamics (which determines road load at highway speeds) it is not possi ble to optimize the selection of gear ratios for lowest fuel consumption. Truck and chassis manufacturers today offer a wide range of tire sizes, final gear ratios and transmission choices so that final body builders can select an optimal combination given the finished vehicle weight, general aerod yn amic characteristics and expected average speed. In order to set fuel efficiency and GHG standards that would reflect these optimizations, the agencies would need to regulate a wide range of small entities that are final bodybuilders, would need to set a large number of uniquely different standards to reflect the specific weight and
273 See 2010 NAS Report, Note 197 , pp 134 and 137.***** E.O. 12866 Review**
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263 of 971 aerod ynamic differences and finally would need test procedures to evaluate these differences that would not themselves be excessive ly burdensome. Finally , the agencies would need the underlying data regarding effectively all of the vocational trucks produced today

in order to determine the appropriate standards. Because the market is alread y motivated to reach these optimizations th emselves today, because we have insufficient data to determine appropriate standards, and finally , because we believe the testing burden would be unjustifiably high, we are not finalizing to reflect transmission and gear ratio optimization in our GEM or in our standard setting. Some commenters suggested that the agencies predicate the vocational vehicle standard on the use of specific transmission technologies for example automated manual transmissions believing that these mechanicall y m ore efficient designs would inherently provide better fuel efficiency and lower greenhouse gas emissions than conventio nal torque convertor automatic transmission designs. However as discussed above the agencies believe that the small mechanical efficiency differences between these transmission designs are relativel y insignificant in the context of the dominant impact of prop er gear ratio selection in determining a vehicle ’s overall performance . In man y cases, the mechanically

more efficient design may prove less effective in use if other aspects of vehicle performance (such a vehicle launch under load) compromise the sel ection of gear ratios. This somewhat surprising outcome can be seen most readily by looking at modern passenger cars where mechanically less efficient torque converte r automatic models often produce equal or better fuel econom y when compared to the more m echanicall y efficient manual transmission versions of the same vehicles. Given this reality , we do not believe it would be appropriate to base the vocational truck standard on the use of a particular transmission technology . In the future, if we develop a complete vehicle chassis test approach to regulating this segment, we would then be able to incorporate transmission performance as we already do for the heav y - duty

pickup truck and van segment. Idle Reduction: Episodic idling by vocational vehicles occ urs during the workday , unlike the overnight idling of combination tractors (see discussion in Section III.A.2.a). Vocational vehicle idling can be divided into two ty pical t ypes. The first type is idling while waiting

– such as during a pickup or delive ry . This t ype of idling can be reduced through automatic engine shut - offs. The second ty pe of idling is to accomplish PTO operation, such as compacting garbage or operating a bucket. The agencies have found only

one study

that quantifies the emissions due to idling conducted by Argonne National Lab based on 2002 VIUS data. 274 EPA conducted a work assignment to assist in characterizing PTO operations. The study of a utility

truck used in two different environments (rural and urban) and a refuse hauler found that the PTO operated on average 28 percent of time relative to the total time spent driving and idling. 275 The use of hy brid powertrains to reduce idling is discussed below.

274 Gaines, Linda, A. Vy as, J. Anderson (Argonne National Laboratory). Estimation of Fuel Use by Idling Commercial Trucks . January 2006. 275 Southwest Research Institute. Power Take Off Cycle Development and Testing. 2010. Docket EPA HQ - OAR - 2010 - 0162 - 3335.***** E.O. 12866 Review**
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264 of 971 Hy brid Powertrains: Several t ypes of vocational vehicles are well suited for hybrid powertrains. Vehicles such as utility or bucket trucks, delivery vehicles, refuse haulers, and buses have operational usage patterns with either a significant amount of stop - and - go activity

or spend a large portion of their operating hours idling th e main engine to operate a PTO unit. The industry is currently

developing many

variations of hy brid powertrain sy stems. The hy brids developed to date have seen fuel consumption and CO 2 emissions reductions between 20 and 50 percent in the field. However , there are still some key

issues that are restricting the penetration of hy brids, including overall sy stem cost, battery

technology , and lack of cost - effective electrified accessories. We have not predicated the standards based on the use of hy brids refl ecting the still nascent level of technology

development and the very small fraction of vehicle sales they would be expected to account for in this time frame -- on the order of only a percent or two. Were we to overestimate the number of h ybrids that cou ld be produced, we would set a standard that is not feasible. We believe that it is more appropriate given the status of technology

development and our hopes for future advancements in hy brid technologies to encourage their production through incentives. Thus , to create an incentive for earl y introduction of hy

brid powertrains into the vocational vehicle fleet, the agencies are adopting the proposed advanced technology credits if hy

brid powertrains are used as a technology

to meet the vocational vehicle s tandard (or an y other vehicle standard) , as described in Section IV. (b ) Gasoline Engine Technologies The gasoline (or spark ignited) engines certified and sold as loose engines into the heav y - dut y truck market are t ypicall y large V8 and V10 engines produced by General Motors and Ford. The basic architecture of these engines is the same as the versions used in the heav y - dut y pickup trucks and vans. Therefore, the technologies anal yzed by the agencies mirror the gasoline engine technologies used in the heav y - dut y pickup truck anal ys is in Section III.B above. Building on the technical anal ys is underl yi ng the light - dut y 2012 - 2016 MY vehicle rule, the agencies took a fresh look at technology effectiveness values for purposes of this anal ys is using a s a startin g point the estimates from that rule. The agencies then considered the impact of test procedures (such as higher test weight of HD pickup trucks and vans) on the effectiveness estimates. The agencies also considered other sources such as the 2010 NAS Rep ort, recent CAFE compliance data, and confidential manufacturer estimates of technology effectiveness. NHTSA and EPA engineers reviewed effectiveness information from the multiple sources for each technology

and ensured that such effectiveness estimates w ere based on technology hardware consistent with the BOM components used to estimate costs. The agencies note that the effectiveness values estimated for the technologies may represent average values, and do not reflect the potentially - limitless spectrum of possible values that could result from adding the technology to different vehicles. For example, while the agencies have estimated an effectiveness of 0.5 percent for low friction lubricants, each vehicle could have a unique effectiveness estimate dep ending on the baseline vehicle’s oil viscosity rating. For purposes of this final rulemaking, NHTSA and***** E.O. 12866 Review**
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265 of 971 EPA believe that emplo ying average values for technology effectiveness estimates is an appropriate way

of recognizing the potential variation in the sp ecific benefits that individual manufacturers (and individual engines) might obtain from adding a fuel - saving technology . Baseline Engine: Similar to the gasoline engine used as the baseline in the light duty rule, the agencies assumed the baseline engi ne in this segment to be a naturally aspirated, overhead valve V8 engine. 276 The agencies did not receive an y comments regarding the baseline engine assumptions in the proposal. The following discussion of effectiveness is generall y in comparison to 2010 b aseline engine performance. For the final rulemaking, the agencies considered the same set of technologies for loose gasoline engines at proposal. The agencies receive d comment s which suggested that the agencies consider electrification of accessories to reduce the fuel consumption and CO 2 emissions from heav y - dut y gasoline engines. Electrification may result in a reduction in power demand, because electricall y powered accessories (such as the air compressor or power steering) operate onl y when needed if they are electrically

powered, but they impose a parasitic demand all the time if they are engine driven. In other cases, such as cooling fans or an engine’s water pump, electric power allows the accessory to run at speeds independent of engine speed, whic h can reduce power consumption. However, t echnologies such as these improvements to accessories are not demonstrated using the engine d yn amometer test procedures being adopted in this final rule because those sy stem s are not installed on the engine during the testing. Thus, the technologies the agencies considered include the following: Engine Friction Reduction: Inaddition to low friction lubricants, manufacturers can also reduce friction and improve fuel consump tion by improving the design of engine components and subs ys tems. Examples include improvements in low - tension piston rings, piston skirt design, roller cam followers, improved crankshaft design and bearings, material coatings, material substitution, more optimal thermal management, and piston and cylinder surface treatments. The 2010 NAS, NESCCAF 277 and EEA 278 reports as well as confidential manufacturer data used in the light - duty vehicle rulemaking suggested a range of effectiveness for engine friction reduc tion to be between 1 to 3 percent. NHTSA and EPA continue to believe that this range is accurate. Coupled Cam Phasing: Valvetrains with coupled (or coordinated) cam phasing can modify

the timing of both the inlet valves and the exhaust valves an equal am ount by phasing the camshaft of a single overhead cam engine or an overhead valve engine. Based on the light - dut y 2012 - 2016 MY vehicle rule, previousl y - received confidential manufacturer data, and the NESCCAF report, NHTSA and EPA estimated the

276 The agencies note that baseline did not include coupled cam phasing for loose HD gasoline engines. The HD loose engines are slightly different than the ones used in the HD pickup trucks. They tend to be the older versions of the same engine. 277 Northeast States Center for a Clean Air Future. “Reducing Greenhouse Gas Emissions from Light - Duty Motor Vehicles.” September 2004. 278 Energy and Environmental Analysis, Inc. “Technology to Improve the Fuel Economy of Light Duty Trucks to 2015.” May 2006.***** E.O. 12866 Review**
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266 of 971 effectiven ess of couple cam phasing CCP to be between 1 and 4 percent. NHTSA and EPA reviewed this estimate for purposes of the NPRM, and continue to find it accurate. Cylinder Deactivation: In conventional spark - ignited engines throttling the airflow controls en gine torque output. At partial loads, efficiency can be improved by using cylinder deactivation instead of throttling. Cylinder deactivation can improve engine efficiency

by disabling or deactivating (usually) half of the cylinders when the load is less th an half of the engine’s total torque capability

– the valves are kept closed, and no fuel is injected

– as a result, the trapped air within the deactivated cylinders is simply compressed and expanded as an air spring, with reduced friction and heat losses. The active cylinders combust at almost double the load required if all of the cylinders were operating. Pumping losses are significantl y reduced as long as the engine is operated in this “part cylinder” mode. Effectiveness improvements scale roughl y with engine displacement - to - vehicle weight ratio: the higher displacement - to - weight vehicles, operating at lower relative loads for normal driving, have the potential to operate in part cylinder mode more frequently . C yl inder deactivation is less effective on heavily - loaded vehicles because they

require more power and spend less time in areas of operation where only partial power is required. The technology also requires proper integration into the vehicles which is difficult in the vocational vehicle segment where often the engine is sold to a chassis manufacturer or body builder without knowing the t ype of transmission or axle used in the vehicle or the precise dut y c ycl e of the vehicle. The cylinder deactivation requires fine tuning of the calibration as the engine moves into and out of deactivation mode to achieve acceptable NVH. Additionally , cylinder deactivation would be difficult to apply to vehicles with a manual transmission because it requires careful gear change control. NHTSA and EPA adjusted th e 201 2 - 16 MY light - dut y rule estimates using updated power to weight ratings of heav y - dut y trucks and confidential business information and downwardl y adjusted the effectiveness to 0 to 3 percent for these vehicles to reflect the differences in drive cycle and operational opportunities compared to light - dut y vehicles. Because of the complexities associated with integrating cylinder deactivation in a non - integrated vehicle assembly process and the low effectiveness of the technology , the agencies did not in clude cylinder deactivation in the final gasoline engine technology package. Stoichiometric gasoline direct injection: SGDI (also known as spark - ignition direct injection engines) inject fuel at high pressure directl y into the combustion chamber (rather than the intake port in port fuel injection). Direct injection of the fuel into the cylinder improves cooling of the air/fuel charge within the cylinder, which allows for higher compression ratios and increased thermodynamic efficiency without the onset of combustion knock. Recent injector design advances, improved electronic engine management s ys tems and the introduction of multiple injection events per cylinder firing cycle promote better mixing of the air and fuel, enhance combustion rates, increase resid ual exhaust gas tolerance and improve cold start emissions. SGDIengines achieve higher power density

and match well with other technologies, such as boosting and variable valvetrain designs. The light - dut y 2012 - 2016 MY vehicle rule estimated the effectiv eness of SGDI to be between 2 and 3 percent. NHTSA and EPA revised these estimated accounting for the use and testing methods for these vehicles along with confidential business information estimates received from manufacturers while***** E.O. 12866 Review**
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267 of 971 developing the program . Based on these revisions, NHTSA and EPA estimate the range of 1 to 2 percent for SGDI. (c) Diesel Engine Technologies Different ty

pes of diesel engines are used in vocational vehicles, depending on the application. They

fall into the categories of Light, Medium, and Heav y Heavy - duty Diesel engines. The Li ght Heav y - dut y Diesel engines t ypicall y range between 4.7 and 6.7 liters displacement. The Medium Heav y - duty Diesel engines t ypicall y have some overlap in displacement with the L ight Heavy - duty Diesel e ngines and range between 6.7 and 9.3 liters. The Heavy Heavy - dut y Diesel engines ty picall y are represented by engines between 10.8 and 16 liters. Baseline Engine: There are three baseline diesel engines, a Light, Medium, and a Heav y Heav y - dut y Diesel e ngine. The agencies developed the baseline diesel engine as a 2010 model year engine with an aftertreatment s ystem which meets EPA’s 0.2 grams of NO X/bhp - hr standard with an SCR sy stem along with EGR and meets the PM emissions standard with a diesel parti culate filter with active regeneration. The engine is turbocharged with a variable geometry turbocharger. As noted above in Section III.A.1.b, the agencies received comments from Navistar stating that the agencies used an artificially

low baseline CO 2 em issions level which was tilted toward the use of SCR aftertreatment s ys tem. As discussed in Section III.A.1.b, the agencies disagree with the statement that SCR is infeasible. Additional responses from the agencies are available in the Response to Comments document, Section 6.2. 279 The following discussion of technologies describes improvements over the 2010 model year baseline engine performance, unless otherwise noted. Further discussion of the baseline engine and its performance can be found in Section III.C.2.(c)(i) below. The following discussion of effectiveness is generall y in comparison to 2010 baseline engine performance, and is in reference to performance in terms of the Heav y - duty FTP that would be used for compliance for these engine standards . This is in comparison to the steady state SET procedure that would be used for compliance purposes for the engines used in Class 7 and 8 tractors. See Section II.B.2.(i) above. Turbochargers: Improved efficiency of a turbocharger compressor or turbine could reduce fuel consumption by approximately 1 to 2 percent over today’s variable geometry turbochargers in the market today . The 2010 NAS report identified technologies such as higher pressure ratio radial compressors, axial compressors, and dual stag e turbochargers as design paths to improve turbocharger efficiency. Low Temperature Exhaust Gas Recirculation: Most LHDD, MHDD, and HHDD engines sold in the U.S. market today use cooled EGR, in which part of the exhaust gas is routed through a cooler (reje cting energy to the engine coolant) before being returned to the engine intake manifold. EGR is a technology employed to reduce peak combustion temperatures and thus NO X . L ow - temperature EGR uses a larger or secondary EGR 279 U.S. EPA. Greenhouse Ga s Emissions Standards and Fuel Efficiency Standards for Medium - and Heavy - Duty Engines and Vehicles - EPA Response to Comments Document for Joint Rulemaking . EPA 420 - R - 11 - 004. Docket EPA - HQ - OAR - 2010 - 0162.***** E.O. 12866 Review**
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268 of 971 cooler to achieve lower intake charge temperatures, which tend to further reduce NO X formation. If the NO X requirement is unchanged, low - temperature EGR can allow changes such as more advanced injection timing that will increase engine efficiency slightly more than one percent. Because low - temperature EGR reduces the engine’s exhaust temperature, it may not be compatible with exhaust energy recovery sy stems such as turbocompounding or a bottoming cycle. Engine Friction Reduction: Reduced friction in bearings, valve trains, and the piston - to - liner interface will improve efficiency . Any friction reduction must be carefully developed to avoid issues with durability or performance capabilit y. Estimates of fuel consumption improvements due to reduced friction range from 0.5 to 1.5 percent. 280 Selective catal yt ic reduction: This technology is common on 2010 heavy - duty diesel engines. Because SCR is a highly effective NO X aftertreatment approach, it enables engines to be optimized to maximize fuel efficiency , rather than minimize engine - out NO X . 2010 SCR sy stems are estimated to result in improved engine efficiency of approximately 4 to 5 percent compared to a 2007 in - cylinder EGR - based emissions sy stem and by

an even greater percentage compared to 2010 in - cylinder approaches. 281 As more effective low - temperature cataly sts are developed, the NO X conversion efficiency of the SCR sy stem will increase. Next - generation SCR sy stems could then enable still further efficiency improvements; alternativel y, these advances could be used to maintain efficiency while down - sizing the aftertreatment. We estimate that continued optim ization of the catal ys t could offer 1 to 2 percent reduction in fuel use over 2010 model year s ystems in the 2014 model year. 282 The agencies also estimate that continued refinement and optimization of the SCR sy stems could provide an additional 2 percent re duction in the 2017 model y ear. Improved Combustion Process: Fuel consumption reductions in the range of 1 to 4 percent are identified in the 2010 NAS report through improved combustion chamber design, higher fuel injection pressure, improved injection sh aping and timing, and higher peak cylinder pressures. 283 Reduced Parasitic L oads: Accessories that are traditionally gear or belt driven by a vehicle’s engine can be optimized and/or converted to electric power. Examples include the engine water pump, oil p ump, fuel injection pump, air compressor, power - steering pump, cooling fans, and the vehicle’s air - conditioning s ys tem. Optimization and improved pressure regulation may significantl y reduce the parasitic load of the water, air and fuel pumps. Electrification may result in a reduction in power demand, because electrically

powered accessories (such as the air compressor or power steering) operate only when needed if they are electrically powered, but they

impose a parasitic demand all the time if they

are e ngine driven. In other cases, such as cooling fans or an engine’s

280 See TIAX, Note 198 , pg 4 - 15 281 Stanton, D. “Advanced Diesel Engine Technology Development for High Efficiency, Clean Com bustion.” Cummins, Inc. Annual Progress Report 2008 Vehicle Technologies Program: Advanced Com bustion Engine Technologies, US Department of Energy. Pp 113 - 116. December 2008. 282 See TIAX, Note 198 , pg. 4 - 9 283 See 2010 NAS Report , Note 197 , p age 56.***** E.O. 12866 Review**
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269 of 971 water pump, electric power allows the accessory to run at speeds independent of engine speed, which can reduce power consumption. The TIAX study used 2 to 4 percent fuel consumption improvem ent for accessory electrification, with the understanding that electrification of accessories will have more effect in short - haul/urban applications and less benefit in line - haul applications. 284 **(2) What Is the Projected Technology Package’s Effectiveness and C**  **ost?** (a ) Vocational Vehicles (i ) Baseline Vocational Vehicle Performance The baseline vocational vehicle model is defined in the GEM, as described in RIA Chapter 4.4.6. At proposal, the agencies used a baseline rolling resistance coefficient for today ’s vocationa l vehicle fleet of 9.0 kg/metric ton. 285 As discussed in Section II.D.1, the agencies conducted a tire rolling resistance evaluation of tires used in vocational vehicles. The agencies found that the average rolling resistance of the tires was lower than th e agencies’ assessment at proposal. Based on this new information and our understanding of the potential to improve tire rolling resistance b y 2014, the agencies are setting the vocational truck standard premised on the use of tires with a rolling resista nce coefficient of 7.7 kg/metric ton . This value is consistent with the average performance of the subset of tires the agencies tested. We are projecting this standard will drive a 5 percent reduction in tire rolling resistance on average across the flee t. We are projecting this 5 percent reduction based on our expectation that manufacturers will desire to bring all of their tires below the standard (not just comply on average) and knowing manufacturers will need some degree of overcompliance to ensure d espite manufacturing variability

and test to test variability their products are compliant with the emission standards. In order to reflect both this tighter standard (based on 7.7) and the 5 percent reduction in rolling resistance we project it will acco mplish, we are modeling the baseline performance of vocational truck tires as 8.1 kg/metric ton. Further vehicle technology is not included in this baseline, as discussed below in the discussion of the baseline vocational vehicle. The baseline engine fuel consumption represents a 2010 model y ear diesel engine, as described in RIA Chapter 4. Using these values, the baseline performance of these vehicles is included in Table III - 12 . The agencies note that the baseline performance derived for the final rule slightly differs from the values derived for the NPRM. The first difference is due to the change in rolling resistance from 9.0 to 8.1 kg/metric ton based on the ag encies’ post - proposal test results. Second, there are minor differences in the fuel consumption and CO 2 emissions

284 See TIAX. Note 198 , Pages 3 - 5. 285 The baseline tire rolling resistance for this segment of vehicles was derived for the proposal based on the current baseline tractor and passenger car tires. The baseline tractor drive tire has a rolling resistance of 8.2 kg/metric ton based on SmartWay testing. The average passenger car has a tire rolling resistance of 9.75 kg/metric ton based on a presentation made to CARB by the Rubber Manufacturer’s Association. As noted above, further analysis has resulted in an estimate o f improved performance in the baseline fleet, which is based entirely on use of LRR tires on vocational vehicles (not cars). Additional details are available in the RIA Chapter 2.***** E.O. 12866 Review**
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270 of 971 due to the small modifications made to the GEM, as noted in RIA Chapter 4. In addition, the HHD vocational vehicle baseline performance for the final rule uses a revised payload assumption from 38,000 to 15,000 pounds, as described in Section II.D.3.c.iii.

**Table III**  **- 12**  **: Baseline Vocational Vehicle Perform ance**  Vocational Vehicle Li ght Heav y Duty Medium

Heav y - Duty Heav y

Heav y - Duty Fuel Consumption Baseline (gallon/1 , 000 ton - mile) 40.0 24.3 23.2 CO 2 Baseline (grams CO 2 /ton - mile) 408 247 236 (ii) Vocational Vehicle Technology Package The final program for vocational vehicles for this phase of regulatory standards is based on the performance of tire and engine technologies. Aerody namics technology , weight reduction, drive train improvement, and h ybrid power trains are not included for the reasons discussed above in Section III.C (1) and Section II.D. The assessment of the final technology effectiveness was developed through the use of the GEM. To account for the two final engine standards, EPA is finalizing the use of a 2014 model year fuel consumption map in the GEM to derive the 2014 model y ear truck standard and a 2017 model y ear fuel consumption map to derive the 2017 model ye ar truck standard. (These fuel consumption maps reflect the main standards for HD diesel engines, not the alternative engine standards.) The agencies estimate that the rolling resistance of 50 percent of the tires can be reduced b y 10 percent in the 2014 model year, for an overall reduction in rolling resistance of 5 percent. The vocational vehicle standards for all three regulatory categories were determined using a tire rolling resistance coefficient of 7.7 kg/metric ton in the 2014 model y ear. The set of input parameters which are modeled in GEM are shown in Table III - 13 .

**Table III**  **- 13**  **: GEM Inputs for Final Vocational Vehicle Standards**

2014 MY 2017 MY Engine 2014 MY 7Lfor LH D /MH D and 15L for HH D Trucks 2017 MY 7Lfor

LH D /MH D and 15L for HH D Trucks Tire Rolling Resistance (kg/metric ton) 7.7 7.7 The agencies developed the final standards by using the engine and tire rolling resistance inputs in the GEM, as shown in Table III - 13 . The percent reductions shown in Table III - 14 reflect improvements over the 2010 model year baseline vehicle with a 2 010 model year baseline engine.***** E.O. 12866 Review**
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271 of 971 **Table III**  **- 14**  **: Final Vocational Vehicle Standards and Percent Reductions** Vocational Vehicle Light Heavy Duty Medium

Heavy Duty Heavy

Heavy Duty 2016 MY Fuel Consumption Standard (gallon/1,000 ton - mile) 38.1 23.0 22.2 2017 MY Fuel Consumption Standard (gallon/1,000 ton - mile) 36.7 22.1 21.8 2014 MY CO 2 Standard (grams CO 2 /ton mile) 388 234 226 2017 MY CO 2 Standard (grams CO 2 /ton mile) 373 225 222 Percent Reduction from 2010 baseline in 2014 MY 5% 5% 4% Percent Reduction from 2010 baseline in 2017 MY 8% 9% 6% (iii) Technology Package Cost The agencies did not receive an y substantial comments on the engine costs proposed. Thus the agencies are projecting the costs of the technologies used to develop the final standards based on the costs used in the proposal, but revised to reflect 2009$, new ICMs, and a 50 percent penetration rate of low rolling resistance tires (as explained above). EPA and NHTSA developed the costs of LRR tires based on the ICF report. The estimated cost per truck is $ 81 (2009$) for LHD and MHD trucks and $ 97 (2009$) for HHD trucks. These costs include a low complexity I CM of 1.18 and are applicable in the 2014 model year. (iv) Reasonableness of the Fina l Vocational Vehicle Standards The final standards would not only add onl y a small amount to the vehicle cost, but are highly

cost effective, an estimated $20 ton of CO 2 e q per vehicle in 2030. 286 This is even less than the estimated cost effectiveness for CO 2 e q removal under the light - dut y vehicle rule, already considered b y the agencies to be a highly cost effective reduction. 287 Moreover, the modest cost of controls is recovered almost immediately due to the associated fuel savings, as shown in the pay back analy sis included in Table VIII - 7. Given that the standards are technicall y feasible within the lead time afforded by the 2014 model year, are inexpensive and highl y cost effective, and do not have other adverse potential impacts (e.g., there are no projec ted negative impacts on safet y or vehicle utility ), the final standards represent a reasonable choice under section 202(a) of the CAA and NHTSA’s EISA authority under 49 U.S.C. 32902(k)(2), and the agencies believe that 286 See Section VIII.D. 287 As noted above, the light - duty rule had an estimated cost per ton of $50 when considering the vehicle program costs only and a cost of - $210 per ton considering the vehicle program costs along with fuel savings in 2030. See 75 FR 25515, Table III.H.3 - 1.***** E.O. 12866 Review**
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272 of 971 the standards are consistent with th eir respective authorities . Based on the discussion above, NHTSA believes these standards are the maximum feasible under EISA. (v) Alternative Vehicle Standards Considered The agencies are not finalizing vehicle standards less stringent than the final standard s because the agencies believe these standards are highl y cost effective, as just explained. The agencies considered finalizing truck standards which are more stringent reflecting the inclusion of hy brid powertrains in those vocational vehicles where use o f hy brid powertrains is appropriate. The agencies estimate that a 25 percent utilization rate of hy brid powertrains in MY 2017 vocational vehicles would add, on average, $30,000 to the cost of each vehicle and more than double the cost of the rule for thi s sector. See the RIA at Chapter 6.1.8. The emission reductions associated with these very high costs appear to be modest. See the RIA Table 6 - 14. In addition, the agencies are finalizing flexibilities in the form of generally applicable credit opportunities for advanced technologies, to encourage use of h ybrid powertrains. See Section IV.C. 2 below. Several commenters recommended that in addition to hy brid powertrains, the agencies consider setting more stringent standards based on the use of aerody n amic improvements, weight reduction, idle shutdown technologies, vehicle speed limiters, and specific transmission technologies. As described above, we are not finalizing standards based on these technologies for reasons that related to the unique nature of the very diverse vocational vehicle segment. At this time, the agencies have no means to determine the current baseline aerodyn amic performance of all vocational vehicles (ranging from concrete mixers to school buses), nor a means to project to what de gree the aerodynamic performance could be improved without compromising the utility of the vehicle. Absent this information, the agencies cannot set a standard based on improvements in aerod ynamic performance. The agencies face similar obstacles regardin g our ability to project the utility

tradeoffs that may

exist between limitations on vehicle speed or reductions in vehicle mass and utility and safety

of vocational vehicles. We are confident the answer to those questions will differ for a school bus compared to a concrete mixer compared to a fire truck compared to an ambulance. Absent an approach to set distinct standards for each of the vocational vehicle t ypes and the information necessary to determine the appropriate level of performance for those vehicles, the agencies cannot set standards for vocational vehicles based on the use of these technologies. For these reasons, the agencies are not adopting more comprehensive standards for vocational vehicles. The agencies do agree that at least some vocational vehicle s can be made more effic ient through the use of technologies , including those technologies mentioned in the comments, and the agencies fully intend to take on the challenge of developing the data, test procedures and regulatory structures necessary

to set more comprehensive stand ards for vocational trucks in the future.***** E.O. 12866 Review**
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273 of 971 (b ) Gasoline Engines (i ) Baseline Gasoline Engine Performance EPA and NHTSA developed the reference heavy - duty gasoline engines to represent a 2010 model year engine compliant with the 0.20 g/bhp - hr NO X standard for on - hi ghway

heavy - dut y engines. NHTSA and EPA developed the baseline fuel consumption and CO 2 emissions for the gasoline engines from manufacturer reported CO 2 values used in the certification of non - GHG pollutants. The baseline engine for the anal ys is was developed to represent a 2011 model year engine, because this is the most current information available. The average CO 2 performance of the heav y - dut y gasol ine engines was 660 g/bhp - hour, which will be used as a baseline. The baseline gasoline engines are all stoichiometric port fuel injected V - 8 engines without cam phasers or other variable valve timing technologies. While they

may reflect some degree of s tatic valve timing optimization for fuel efficiency they do not reflect the potential to adjust timing with engine speed. (ii) Gasoline Engine Technology Package Effectiveness The gasoline engine technology package includes engine friction reduction, coupled cam phasing, and SGDIto produce an overall five percent reduction from the reference engine based on the Heav y - duty Lumped Parameter model. The agencies are projecting a 100 percent application rate of this technology package to the heavy - dut y gasoline eng ines, which results in a CO 2 standard of 627 g/bhp - hr and a fuel consumption standard of 7.05 gallon/100 bhp - hr. As discussed in Section II.D.b.ii, the agencies are adopting gasoline engine standards that begin in the 2016 model y ear based on the agencies ’ projection of the engine redesign schedules for the small number of engines in this category . (iii) Gasoline Engine Technology Package Cost For the proposed costs, the agencies considered both the direct or “piece” costs and indirect costs of individual compon ents of technologies. For the direct costs, the agencies followed a BOM approach employ ed by NHTSA and EPA in the light - dut y 2012 - 2016 MY vehicle rule. In th is final action , the agencies are using marked up gasoline engine technology costs developed for the HD Pickup Truck and Van segment because these engines are made b y the same manufacturers (primarily b y Ford and GM) and are simpl y, sold as loose engines rather than as complete vehicles. Hence the engine cost estimates are fundamentally the same. The agencies did not receive any comments recommending adjustments to the proposed gasoline engine technology costs. The costs summarized in Ta

ble III - 15 are consistent with the proposed values, but updated to reflect 2009$ and new ICMs. The costs shown in Ta ble III - 15 include a low complexity I CM of 1.24 and are applicable in the 2016 model year. No learning effects are applied to engine friction reduction costs, while flat - portion of the curve learning is considered applicable to both coupled cam phasing and SGDI.***** E.O. 12866 Review**
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274 of 971 **Ta ble**  **III -**  **15 : Heavy**  **- duty Gasoline Engine Technology Costs inclusive of Indirect Cost Markups**  **(2009$)** 2016MY Engine Friction Reduction $95 Coupled Cam Phasing $46 Stoichiometric Gas Direct Injection $452 Total $594 (iv) Reasonableness of the Final Standard The final engine standards are reasonable and consistent with the agencies’ respective authorities. With respect to the 2016 MY standard, all of the technologies on which the standards are predicated have been demonstrated and their effectiveness is well documented. The final standards reflect a 100 percent application rate for these technologies. The costs of adding these technologies remain modest across the various engine classes as shown in Ta ble III - 15 . Use of these technologies would add only a small amount to the cost of the vehicle, 288 and the associated reductions are highl y cost effective, an estimated $20 pe r ton of CO 2 e q per vehicle. 289 This is even more cost effective than the estimated cost effectiveness for CO 2 e q removal and fuel econom y improvement under the light - dut y vehicle rule, already considered b y the agencies to be a highl y cost effective reductio n. 290 Accordingl y, EPA and NHTSA view these standards as reflecting an appropriate balance of the various statutory factors under section 202(a) of the CAA and under NHTSA’s EI SA authorit y at 49 U.S.C. 32902(k)(2). Based on the discussion above, NHTSA belie ves these standards are the maximum feasible under EI SA. Several commenters suggested that the lead time provided b y the agencies for heav y - dut y pickups and vans and b y extension the 2016 gasoline engine standards were unnecessarily

long. The agencies d o not agree with this assessment. The technologies that we are considering here cannot simply be bolted on to an existing engin e but can only be effectivel y applied through an integrated design and development process. The four years lead time provided h ere is short in the context of engine redesigns and is only possible in part because the standards align with engine manufacturers’ planned redesign processes that are either just starting or will be starting within the year. These standards set a clear m etric of performance for those planned redesigns and we project will lead manufacturers to include a number of technologies that would not otherwise have been incorporated into those engines.

288 Sam ple 2010 MY vocational vehicles range in pric e between $40,000 for a Class 4 work truck to approximately $200,000 for a Class 8 refuse hauler. See pages 16 - 17 of ICF’s “Investigation of Costs for Strategies to Reduce Greenhouse Gas Emissions for Heavy - Duty On - Road Vehicles.” July 2010. 289 See Vocati onal Vehicle CO 2 savings and technology costs in Table 7 - 4 in RIA Chapter 7. 290 The light - duty rule had an estimated cost per ton of $50 w hen considering the vehicle program costs only and a cost of - $210 per ton considering the vehicle program costs along with fuel savings in 2030. See 75 FR 25515, Table III.H.3 - 1.***** E.O. 12866 Review**
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275 of 971 (v) Alternative Gasoline Engine Standards Considered The agencies are not finalizing gasoline standards less stringent than the final standards because the agencies believe these standards are feasible in the lead time provided, inexpensive, and highl y cost effective. The final rule reflects 100 percent pe netration of the technology package on whose performance the standard is based, so some additional technology would need to be added to obtain further improvements. The agencies considered finalizing gasoline engine standards which are more stringent refl ecting the inclusion of cylinder deactivation and other advanced technologies. However, the agencies are not finalizing this level of stringency

because our assessment is that these technologies cannot be adapted to the higher average engine loads of heavy - dut y vehicles for production by the 2017 model year. We intend to continue to evaluate the potential for further gasoline engine improvements building on the work done for light - dut y passenger cars and trucks as we begin work on the next phase of heav y - dut y regulations. (c) Diesel Engines (i ) Baseline Diesel Engine Performance EPA and NHTSA developed the baseline heavy - duty diesel engines to represent a 2010 model year engine compliant with the 0.20 g/bhp - hr NO X standard for on - highway heav y - dut y engines. The agencies utilized 2007 through 2011 model year CO 2 certification levels from the Heav y - dut y FTP cycle as the basis for the baseline engine CO 2 performance. The pre - 2010 data are subsequently adjusted to represent 2010 model year engine maps by using prede fined technologies includ ing SCR and other sy stem s that are being used in current 2010 production . The engine CO 2 results were then sales weighted within each regulatory

subcategory

to develop an industry

average 2010 model year reference engine, as shown in Table III - 16 . The level of CO 2 emissions and fuel consumption of these engines varies significantly , where the engine with the highest CO 2 emissions is estimated to be 20 percent greater than the sales weighted average. Details of this anal ys is are included in RIA Chapter 2.***** E.O. 12866 Review**
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276 of 971 **Table III**  **- 16**  **: 2010 Model Year Reference Diesel Engine Perform ance Over the Heavy**  **- duty FTP**  **Cyc le**  CO 2 Emissions (g/bhp - hr) Fuel Consumption (gallon/100 bhp - hr) LHD Diesel 630 6.19 MHD Diesel 630 6.19 HHD Diesel 584 5.74 (ii) Diesel Engine Packages The diesel engine technology packages for the 2014 model y ear include engine friction reduction, improved aftertreatment effectiveness, improved combustion processes, and low temperature EGR s ys tem optimization. The improvements in parasitic and friction losses come through piston designs to reduce friction, improved lubrication, and improved water p ump and oil pump designs to reduce parasitic losses. The aftertreatment improvements are available through lower backpressure of the sy stems and optimization of the engine - out NO X levels. Improvements to the EGR sy stem and air flow through the intake and exhaust sy stems, along with turbochargers can also produce engine efficiency improvements. It should be pointed out that individual technology

improvements are not additive to each other due to the interaction of technologies. The agencies assessed the i mpact of each technology over the Heav y - duty FTP and project an overall cycle improvement in the 2014 model year of 3 percent for HHD diesel engines and 5 percent for LHD and MHD diesel engines, as detailed in RIA Chapter 2.4.2.9 and 2.4.2.10. EPA used a 100 percent application rate of this technology package to determine the level of the final 2014 MY standards Recently , EPA’s heavy - duty highway engine program for criteria pollutants provided new emissions standards for the industry in three year increments. The heavy duty engine manufacturer product plans have fallen into three year cycles to reflect this environment. EPA is finalizing CO 2 emission standards recognizing the opportunity for technology

improvements over this time frame while reflecting th e t ypical heav y - dut y engine manufacturer product plan redesign cycles. Thus, the agencies are establish ing initial standards for the 2014 model year and a more stringent standard for these heav y duty engines beginning in the 2017 model year. The 2017 mode l year technology package for LHD and MHD diesel engine includes continued development and refinement of the 2014 model y ear technology package, in particular the additional improvement to aftertreatment s ys tems. This package leads to a projected 9 percent reduction for LHD and MHD diesel engines in the 2017 model year. The HHD diesel engine technology packages for the 2017 model y ear include the continued development of the 2014 model year technology package. A similar approach to evaluating the impact of individual technologies as taken to develop the overall reduction of the 2014 model year package was taken with the 2017 model ye ar package. The Heavy - dut y FTP cycle improvements lead to a 5 percent reduction on the cycle for HHDD, as detailed in RIA C hapter 2.4.2.13. The agencies used a 100 percent application rate of the technology package to determine the final 2017 MY***** E.O. 12866 Review**
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277 of 971 standards. The agencies believe that bottom cycling technologies are still in the development phase and will not be ready for produ ction by the 2017 model year. 291 Therefore, these technologies were not included in determining the stringency of the final standards. However, we do believe the bottoming cycle approach represents a significant opportunity

to reduce fuel consumption and G HG emissions in the future for vehicles that operate under primarily

steady - state conditions like line - haul tractors and some vocational vehicle s . As discussed above, we also considered setting standards based on the use of h ybrid powertrains that are a b etter match to many vocational vehicle duty cycles but have decided for the reasons articulated above to not base the vocational vehicle standard on the use of hy brid technologies in this first regulation. However, EPA and NHTSA are both finalizing provis ions described in Section IV to create incentives for manufacturers to continue to invest to develop th e s e technolog ies in the believe that with further development these technologies can form the basis of future standards . The overall projected improvements in CO 2 emissions and fuel consumption over the baseline are included in Table III - 17 . **Table III**  **- 17**  **: Percent Fuel Consumption and CO**  **2 Emission Reductions Over the Heavy**  **- duty FTP**  **Cycle** 2014 2017 LHD Diesel 5% 9% MHD Diesel 5% 9% HHD Diesel 3% 5% (iii) Technology Package Costs NHTSA and EPA jointly developed costs associated with the engine technologies to assess an overall package cost for each regulatory category . Our engine cost estimates for diesel engines used in vocational vehicles include a separate anal ys is of the incremental part costs, research and development activities, and additional equipment, such as emissions equipment to measure N 2 O emissions. Our general approach used elsewhere in this action (for HD pickup trucks, gasoline engines, Class 7 and 8 tractors, and Class 2b - 8 vocational vehicles) estimates a direct manufacturing cost for a part and marks it up based on a factor to account for indirect costs. See also 75 FR 25376. We believe that approach is appropriate when compliance with final standards is achieved generall y b y installing new parts and s ys tems purchased from a supplier. In such a case, the supplier is conducting the bulk of the research and development on the new parts and sy stems and including those costs in the purchase price paid by the original equipment manufacturer. The indirect costs incurred b y the original equipment manufacturer need not include much cost to cover research and development since the bulk of that effort is alread y done. For the MHD and HHD diesel engine segment, however, the agencies believe we can make a more accurate estimate of technology cost usi ng this alternate approach because the primary cost is not expected to be the purchase of parts or sy stems 291 TIAX noted in their report to the NAS panel that the engine improvements beyond 2015 model year included in their report are highly uncertain, though they include waste heat recovery in the e ngine package for 2016 through 2020 (page 4 - 29).***** E.O. 12866 Review**
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278 of 971 from suppliers or even the production of the parts and sy stems, but rather the development of the new technology by the original equipment manufactur er itself. Therefore, the agencies believe it more accurate to directly estimate the indirect costs. EPA commonly

uses this approach in cases where significant investments in research and development can lead to an emission control approach that requires no new hardware. For example, combustion optimization may significantly

reduce emissions and cost a manufacturer millions of dollars to develop but will lead to an engine that is no more expensive to produce. Using a bill of materials approach would sug gest that the cost of the emissions control was zero reflecting no new hardware and ignoring the millions of dollars spent to develop the improved combustion sy stem. Details of the cost analy sis are included in the RIA Chapter 2. To reiterate, we have us ed this different approach because the MHD and HHD diesel engines are expected to compl y in large part via technology

changes that are not reflected in new hardware but rather knowledge gained through laboratory

and real world testing that allows for impro vements in control sy stem calibrations

– changes that are more difficult to reflect through direct costs with indirect cost multipliers. The agencies developed the engineering costs for the research and development of diesel engines with lower fuel consump tion and CO 2 emissions. The aggregate costs for engineering hours, technician support, dynamometer cell time, and fabrication of prototy pe parts are estimated at $6.8 million (2009$) per manufacturer per year over the five years covering 2012 through 2016 . In aggregate, this averages out to $284 per engine during 2012 through 2016 using an annual sales value of 600,000 light, medium , and heav y heavy - dut y engines. The agencies received comments from Horriba regarding the assumption the agencies used in th e proposal that said manufacturers would need to purchase new equipment for measuring N 2 O and the associated costs. Horriba provided information regarding the cost of stand - alone FT IR instrumentation (estimated at $50,000 per unit) and cost of upgrading e xisting emission measurement s ys tems with NDIR anal yz ers (estimated at $25,000 per unit). The agencies further anal yz ed our assumptions along with Horriba’s comments. Thus, we have revised the equipment costs estimates and assumed that 75 percent of manu facturers would update existing equipment while the other 25 percent would require new equipment. The agencies are estimating costs of $63,087 (2009$) per engine manufacturer per engine subcategory (light, medium , and heav y HD) to cover the cost of purcha sing photo - acoustic measurement equipment for two engine test cells. This would be a one - time cost incurred in the year prior to implementation of the standard (i.e., the cost would be incurred in 2013). In aggregate, this averages out to less than $1 per engine in 2013 using an annual sales value of 600,000 light, medium , and heav y HD engines. EPA also developed the incremental piece cost for the components to meet each the 2014 and 2017 standards. These costs shown in Table III - 18 which include a low complexity

I CM of 1.15; flat - portion of the curve learning is considered applicable to each technology .***** E.O. 12866 Review**
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279 of 971 **Table III**  **- 18**  **: Heav** **y -**  **duty Diesel Engine Component Costs inclusive of Indirect Cost Markups**  **a (2009$)**  2014 Model Year 2017 Model Year Cylinder Head (flow optimized, increased firing pressure, improved thermal management) $6 (MHD & HH) $1 1 (LHD) $6 (MHD &

HHD) $ 10 (LHD) Exhaust Manifold (flow optimized, improved thermal management) $0 $0 Turbocharger (improved efficiency) $1 8 $1 7 EGR Cooler (improved efficiency) $ 4 $3 Water Pump (optimized, variable vane, variable speed) $ 91 $ 84 Oil Pump (optimized) $ 5 $4 Fuel Pump (higher working pressure, increased efficiency , improved pressure regulation) $ 5 $4 Fuel Rail (higher working pressure) $10 (MHD & HHD) $ 12 (LHD) $9 (MHD &

HHD) $ 11 (LHD) Fuel Injector (optimized, improved multiple event control, higher working pressure) $1 1 (MHD & HHD) $1 5 (LHD) $ 10 (MHD &

HHD) $13 (LHD) Piston (reduced friction skirt, ring and pin) $3 $ 3 Aftertreatment s ys tem (improved effectiveness SCR, dosing, dpf) a $0 (MHD & HHD) $111 (LHD) $0 (MHD &

HHD) $101 (LHD) Valve Train (reduced friction, roller tappet) $ 82 (MHD) $10 9 (LHD) $7 6 (MHD)

$ 101 (LHD) Note: a Note that costs for aftertreatment improvements for MH D and HH D diesel engines are covered via the engineering costs (see text). For LH diesel engines, w e have included the cost of aftertreatment im provements as a technology cost. The overall costs for each diesel engine regulatory subcategory

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280 of 971 **Table III**  **- 19**  **: Diesel Engine Technology Costs per Engine (2009$)** 2014 2017 LHD Diesel $ 388 $ 358 MHD Diesel $2 34 $ 216 HHD Diesel $ 234 $ 216 (iv) Reasonableness of the Final Standards The final engine standards appear to be reasonable and consistent with the agencies’ respective authorities. With respect to the 2014 and 2017 MY standards, all of the technologies on which the standards are based have already been demonstrated and their effectiveness is well documented. The final standards reflect a 100 percent application rate for these technologies. The costs of adding these technologies remain modest across the various engine classes as shown in Table III - 19 . Use of these technologies would add only a small amount to the cost of the vehicle, 292 and the associated reductions are highl y cost effective, an estimated $20 per ton of CO 2 e q per vehicle. 293 This is even more cost effective than the estimated cost effectiveness for CO 2 e q removal and fuel econom y improvement under the light - duty vehicle rule, already considered b y the agencies to be a highly cost effective reduction. 294 Accordingl y, EPA and NHTSA view these standards as reflecting an appropriate balance of the various statutory factors under section 202(a) of the CAA and under NHTSA’s EISA authority at 49 U.S.C. 32902(k) (2). Based on the discussion above, NHTSA believes these standards are the maximum feasible under EISA. (v) Alternative Diesel Engine Standards Considered Other than the specific option related to legacy engine products, the agencies are not finalizing diesel engine standards less stringent than the final standards because the agencies believe these standards are highl y cost effective. The agencies have not considered finalizing diesel engine standards which are more stringent because we have exhausted the li st of engine technologies that we beli e ve are directl y applicable to medium - and heav y - duty diesel engines used in vocational applications . We are continuing to evaluate the potential for bottoming cycle technologies to be used in the future, however it i s not clear today that this technology , although promising for more steady - state operation will provide any significant efficiency improvement under the more transient operating cycles ty pical of vocational vehicle s. Moreover, as stated at II. D above, the agencies do not believe that this technology

will be available in the time frame of this rule in any case.

292 Sam ple 2010 MY vocational vehicles range in price betw een $40,000 for a Class 4 work truck to approximately $200,000 for a Class 8 refuse hauler. See pages 16 - 17 of ICF’s “Investigation of Costs for Strategies to Reduce Greenhouse Gas Emissions for Heavy - Duty On - Road Vehicles.” July 2010. 293 See RIA Chapter 7, Table 7 - 4. 294 The light - duty rule had a cost per ton of $50 w hen considering the vehicle progr am costs only and a cost of - $210 per ton considering the vehicle program costs along with fuel savings in 2030. See 75 FR 25515, Table III.H.3 - 1.***** E.O. 12866 Review**
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281 of 971 

## IV. **Final Regulatory Flexibility Pr**  **ovisions** This section describes flexibility provisions intended to advance the goals of the overall program while pr oviding alternate pathway s to achieve those goals, consistent with the agencies’ statutory authority , as well as with Executive Order 13563. 295 The primary flexibility

provisions for combination tractors and vocational vehicles and the engines installed in these vehicles are incorporated in a program of averaging, banking, and trading of credits. For HD pickups and vans, the primary flexibility

provision is also an ABT program expressed in the fleet average form of the standards, along with provisions for c redit and deficit carry - forward and for trading, patterned after the agencies’ light - dut y vehicle GHG and CAFE programs. Furthermore, EPA will allow manufacturers to compl y with the N 2 O and CH 4 standards using CO 2 credits and is providing an opportunity for engine manufacturers to earn N 2 O credits that can be used to comply with the CO 2 standards . However, EPA is not adopting an emission credit program associated with the CH 4 or HFC standards. This section also describes other flexibility provisions that apply , including advanced technology credits, innovative technology

credits and early

compliance credits. 

### A. **Averaging ,**  **Bank**

**ing , and Trading Program**  Averaging, Banking, and Trading (ABT) of emissions credits have been an important part of man y EPA mobile source programs under CAA Title II, including engine and vehicle programs. NHTSA has also long had an averaging and banking program for light - dut y C AFE under EPCA, and recently gained authorit y t o add a trading pr ogram for light - dut y C AFE through EISA. ABT programs are useful because they can help to address man y issues of technological feasibility and lead - time, as well as considerations of cost. They provide manufacturers flexibilities that assist the efficient development and implementation of new technologies and therefore enable new technologies to be implemented at a more aggressive pace than without ABT. ABT programs are more than just add - on provisions included to help reduce costs, and can be, as in EPA’s Title II programs an integral part of the standard setting itself. A well designed ABT program can also provide important environmental and energy securit y benefits by

increasing the speed at which new technologies can be implemented (which means that mo re benefits accrue over time than with slower - starting standards) and at the same time increase flexibility for , and reduce costs to, the regulated industry. American Council for an Energy - Efficient Econom y (ACEEE) has commented that ABT and related flexi bilities should not be offered for this program because the agencies are not promoting the use of new technologies but rather the use of existing technologies. However, w ithout ABT provisions (and other related flexibilities), standards would ty picall y have to be numericall y less stringent since the numerical standard would have to be adjusted to accommodate issues of feasibility and available lead time. See 75 FR at 295 Section 4 of EO 13563 states that “ Where relevant, feasible, and consistent with regulatory objectives, a nd to the extent permitted by law, each agency shall identify and consider regulatory approaches that reduce burdens and maintain flexibility and freedom of choice for the public.” 76 FR 3821 (Jan. 21, 2011).***** E.O. 12866 Review**
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282 of 971 25412 - 13. By

offering ABT credits and additional flexibilities the agencies can offer pr ogressivel y more stringent standards that help meet our fuel consumption reduction and GHG emission goals at a faster pace. Section II above describes EPA’s GHG emission standards and NHTSA’s fuel consumption standards. For each of these respective sets o f standards, the agencies also offer ABT provisions , consistent with each agency’s statutory authority . The agencies worked closel y to design these provisions to be essentially identical to each other in form and function. Because of this fundamental sim ilarity , the remainder of this section refers to these provisions collectively as “the ABT program” except where agency - specific distinctions are requi red. As discussed in detail below, the structure of th e GHG and fuel consumption ABT program for HD engines was based closel y on EPA’s earlier ABT programs for HD engines; the program for HD pickups and vans was built on the existing light - duty GHG program flexibility provisions; and the first - time ABT provisions for combination tracto rs and vocational vehicles are as consistent as possible with EPA’s other HD vehicle regulations . The flexibility provisions associated with this new regulatory category were intended to build sy stematically upon the structure of the existing programs. As an overview, “averaging ” means the exchange of emission or fuel consumption credits between engine families or truck families within a given manufacturer’s regulatory subcategories and averaging sets . For example, specific “ engine families ,” which manuf acturers create b y dividing their product lines into groups expected to have similar emission characteristics throughout their useful life , would be contained within an averaging set . Averaging allows a manufacturer to certify one or more engine families (or vehicle families, as appropriate) within the same averaging set at levels worse than the applicable emission or fuel consumption standard. T he increased emissions or fuel consumption over the standard would need to be offset by one or more engine (or vehicle) families within that manufacturer’s averaging set that are certified better than the same emission or fuel consumption standard, such that the average emissions or fuel consumption from all the manufacturer’s engine families, weighted b y engine po wer, regulatory useful life, and production volume, are at or below the level of the emission or fuel consumption standard 296 Total credits for each averaging set within each model ye ar are determined by summing together the credits calculated for every eng ine famil y within that specific averaging set. “Banking” means the retention of emission credits by the manufacturer for use in future model ye ar averaging or trading. “Trading” means the exchange of emission credits between manufacturers , which can then be used for averaging purposes, banked for future use, or traded to another manufacturer. In EPA’s current HD engine program for criteria pollutants, m anufacturers are restricted to averaging, banking and trading onl y credits generated by the engine families 296 The inclusion of engine pow er, useful life, and production volume in the averaging calculations allows the emissions or fuel consumption credits or debits to be expressed in total emissions or consumption over the useful life of the credit - using or generat ing engine sales .***** E.O. 12866 Review**
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283 of 971 within a regulatory subcategory , and EPA and NHTSA proposed to continue this restriction in the GHG and fuel consumption program for engines and vehicles . However, the agencies sought comment on potential alternative approaches in whi ch fewer restrictions are placed on the use of credits for averaging, banking, and trading. Particularl y, the agencies requested comment on removing prohibitions on averaging and trading between some or all regulatory categories in the proposal, and on re moving restrictions between some or all regulatory subcategories that are within the same regulatory

category (e.g., allowing trading of credits between Class 7 day cabs and Class 8 sleeper cabs). The agencies received many comments on the restrictions p roposed for the ABT program, namel y on the proposal that credits could only be averaged within the specified vehicle and engine subcategories and not averaged across subcategories or between vehicle and engine categories. Man y commenters, including Union of Concerned Scientist (UCS), NY Dept of Transportation, Natural Resources Defense Council, Oshkosh, and Autocar, requested that the agencies maintain the restrictions as proposed in the NPRM. UCS argued that allowing credits to be used across categories could undermine further technology advancements, and that manufacturers that have broad portfolios would have advantages over those manufacturers that do not. The Center for Biological Diversit y (C BD) argued that because of the various credit opportunitie s in the ABT program and the potential that manufacturers will pay penalties rather than comply with the standards, the program could actually cause an increase in emissions and a decrease in fuel efficiency. On the other hand, several commenters, includi ng EMA/TMA, Cummins, Volvo, and ATA, requested that the agencies maintain the proposed restrictions of averaging credits between the engine and vehicle categories, but reduce the restrictions on credit averaging across vehicle subcategories or engine subcategories or averaging sets within similar vehicle and engine weight classes (LHD, MHD and HHD). Cummins requested that the agencies allow credit averaging between engine subcategories within the same weight classes (LHD, MHD and HHD). Cummins explained that tractor and vocational engines in the corresponding weight classes not only share the same useful life but also use the same emission and fuel consumption technologies and therefore should be placed into the same engine averaging set. EMA/TMA argued th at the NPRM restrictions would inhibit a manufacturer’s ability to use credits to address market fluctuations, which would reduce the flexibility that the ABT program was intended to provide. As an example, EMA/TMA stated that if the line - haul market were depressed for a period of time a manufacturer could make up any deficit selling more low - roof tractors with regional hauling operations. The same market shift could eliminate a manufacturer’s ability to generate credits using its aerody namic high - roof sle eper cab tractors and could create a credit deficit if there is a demand for more of the less aerodyn amic low - roof tractors. EMA/TMA argued that credit exchanges across vehicle categories within the same weight classes within the tractor subcategories and across vocational vehicle and tractor subcategories would allow a manufacturer more flexibility to deal with these ty

pes of market and customer demand situations. Finally , several commenters, including Ford, DTNA NADA, NTEA and Navistar, requested that the agencies reduce the proposed restrictions even further b y allowing credit averaging between vehicle categories and engine categories. Navistar argued that more flexibility***** E.O. 12866 Review**
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284 of 971 was necessary

for manufacturers like itself to increase innovation at a reasonabl e cost, stating that that more restrictions would increase costs within a shorter time frame . After considering these comments, the agencies continue to believe that the ABT program developed b y the agencies increases and accelerates the technological feas ibility of the GHG and fuel consumption standards by providing manufacturers flexibility in implementing new technologies in a way that may be more consistent with their business practices and cost considerations . In response to the comments submitted by CBD, the agencies disagree with CBD’s statements that the ABT program will adversely affect the fuel efficiency

and GHG emission goals of this regulation. This joint final action requires vehicle and engine manufacturers to meet increasingl y more stringent emission and fuel consumption standards which will result in emission reductions and fuel consumption savings. Manufacturers will not have the option of not meeting the standards. The ABT program simply provides each manufacture the flexibility to meet these standards based upon their individual products and implementation plans. By assuming the use of credits for compliance, the agencies were able to set the fuel consumption/GHG standards at more stringent levels than would otherwise have been feasible. One reason is that u se of ABT allows each manufacturer maximum flexibility to develop compliance strategies consistent with its redesign cycles and with its product plans generally, allowing the agencies , in turn, to adopt standards which are numericall y more stringent in earlier model ye ars than would be possible with a more rigid program since those rigidities would be associated with greater costs. Greater improvements in fuel efficiency will occur under more stringent standards; manufacturers will si mply

have greater flexibility

to determine where and how to make those improvements than they

would have without credit options. Further, this is consistent with the directi ve in EO 13563 to “seek to identify , as appropriate, means to achieve regulatory

g oals that are designed to promote innovation.” The agencies further agree that certain restrictions on use of ABT which were proposed are unnecessary. The proposed ABT program for engines was somewhat more restrictive, in its definition of averaging set s, than EPA’s parallel ABT program for criteria pollutant emissions from the same engines. The final rule s conform to the ABT provisions for GHG heavy - dut y engine emissions to be consistent with the parallel ABT provisions for criteria pollutants with sam e weight engines treated as a single averaging set regardless of the vehicles in which they are installed. We have applied this same principle with respect to combination tractors and vocational vehicles: treating like weight classes as an averaging set. The agencies have determined that these additional flexibilities will help to reduce manufacturing costs further and encourage technology implementation without creating an unfair advantage for manufactures with verticall y integrated portfolios including engines and vehicles. EPA’s experience in administering the ABT program for heavy - dut y diesel engine criteria pollutant emissions supports this conclusion. Therefore, the agencies have decided to allow credit averaging within and across vocational vehicl e and tractor subcategories within the same weight class groups, as well as credit averaging across the same weight class vocational and tractor engine groups. This added flexibility beyond what was proposed in the NPRM will not be extended to the HD pickup truck and van category because this group of vehicles is***** E.O. 12866 Review**
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285 of 971 comprised of onl y one subcategory and is not broken down like the other categories and corresponding subcategories into different weight classes, and the standard applies to the entire vehicle, so that there are no separate engine and vehicle standards. Put another way , the HD pickup truck and van category is one large averaging set that will remain as proposed. However, the agencies are maintaining the restrictions against averaging vehicle cre dits with engine credits or between vehicle weight classes or engine subcategories for this first phase of regulation . We believe averaging or trading credits between averaging sets would be problematic because of the diversity of applications involved. This diversity creates large differences in the real world conditions that impact lifetime emissions -- such as actual operating life, load cycles, and maintenance practices. In lieu of conducting extensive and burdensome real world tracking of these parameters, along with corrective measures to provide some assurance of parity between credits earned and credits redeemed, averaging sets provide a reasonable amount of confidence that ty pical engines or vehicles within each set have comparable enough real wo rld experience to make such follow - up activity unnecessary . The agencies believe this approach will ensure that CO 2 emissions are reduced and fuel consumption is improved in each engine subcategory

without interfering with the ability of manufacturers to engage in free trade and competition. Again, EPA’s experience in administering its ABT program for criteria pollutant emissions from heav y - dut y diesel engines confirms these views. The agencies also note that no commenter offered an explanation of why th e restrictions on this ABT program should differ from the parallel ABT program respecting criteria pollutants. As explained earlier in this preamble , the agencies intend to re - evaluate the appropriateness of the ABT averaging sets and credit use restricti ons we are adopting here for the HD GHG and fuel consumption program in the future based on information we gain implementing this first phase of regulation . Under previous ABT programs for other rulemakings, EPA and NHTSA have allowed manufacturers to carry forward credit deficits for a set period of time

– if a manufacturer cannot meet an applicable standard in a given model year, it may make up its shortfall by

overcomplying in a subsequent ye ar. In the NPRM the agencies proposed to allow manufacturers o f engines, tractors, HD pickups and vans, and vocational vehicles to carry

forward deficits for up to three years before reconciling the shortfall - the same period allowed in numerous other EPA rules - but sought comments on alternative approaches for rec onciling deficits. DTNA supported the three year period and stated that it was sufficient for reconciling deficits. CBD did not support the use of the carry forward of deficits because it would delay investments and technological innovation. The agencie s respectfull y disagree with CBD and believe this provision has enabled the agencies to consider overall standards that are more stringent and that will become effective sooner than we could consider with a more rigid program, one in which all of a manufac turer’s similar vehicles or engines would be required to achieve the same emissions or fuel consumption levels, and at the same time. Therefore the agencies included in the final rulemaking the proposed 3 year reconciliation period. However, the agencies ’ respective credit programs require manufacturers to use credits to offset a shortfall before credits may be banked or traded for additional model years. This***** E.O. 12866 Review**
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286 of 971 restriction reduces the chance of manufacturers passing forward deficits before reconciling sho rtfalls and exhausting those credits before reconciling past deficits. For the heav y - dut y pickup and van category, the agencies proposed a 5 - ye ar credit life provision, as adopted in the light - dut y vehicle GHG /CAFE program. Navistar requested that the agencies drop the 5 - ye ar credit expiration date proposed for the heavy duty pickup and van category and not specify

an expiration date for earned credits. Navistar stated that such credits are necessary to further improve the flexibilities of this program in order to meet the new stringent standards within the limited lead time provided. The agencies disagree. The 5 - ye ar credit life is substantial, and allows credits earned early

in the phase - in to be held and used without discounting throughout the phas e - in period. For engines, vocational vehicles and tractors, EPA also proposed that CO 2 credits generated during this first phase of the HD National Program could not be used for later phases of standards, but NHTSA did not expressly specify the potential expiration of fuel consumption credits. DTNA and Cummins requested that the surplus credits from the first phase of the program not expire. DTNA suggested that the agencies drop an y reference to credit expiration until the next rulemaking, at which time the agencies would have a better understanding of actual credit balances and what kind of lifespan for credits might be necessary

or appropriate. DTNA argued that in some of EPA’s past programs, EPA had delayed a final decision about credit expiration until development of the subsequent rule when, EPA had a better understanding of associated credit balances, along with the stringency of the standards being proposed for future model y ears. EPA had proposed to limit the lifespan of credits earned to the fi rst phase of standards in the interest of ensuring a level playing field before the next phase begins. Upon further consideration, the agencies recognize that this is a new program and it is unknown whether an y m anufacturers will have credit surpluses by the end of the first phase of standards, much less whether some manufacturers will have significantly larger credit surpluses that might create an unlevel playing field going into the next phase. The agencies are adopting a 5 - ye ar credit life provision fo r all regulatory categories, as adopted in the light - dut y vehicle program and proposed for the HD pickup trucks and vans . 297 The following sections provide further discussions of the flexibilities provided in this action under the ABT program and the agenc ies’ rationale for providing them. **(1) Heavy**  **- duty**  **Engines** For the heav y - dut y engine ABT program, EPA and NHTSA proposed to use six averaging sets per 40 CFR 1036.740 for EPA and 49 CFR 535.7(d) for NHTSA, which aligned with the proposed regulatory engine subcategories. As described above, the agencies have decided that these engine averaging sets should be the same as for criteria pollutants under the EPA heavy - dut y diesel engine rules, and agree with commenters that increasing the size of averaging sets from within subcategories to across subcategories
297 Note, however, that manufacturers have no property right in these credits, so no issues of deprivation of property arise if later rules choose not to recognize those credits. See 69 FR at 39001 - 002 (June 29, 2004).***** E.O. 12866 Review**
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287 of 971 within the same engine weight class would provide important additional flexibilities for engine manufacturer s without negatively impacting fuel savings or emissions reductions. The agencies are therefore adopting four engine averaging sets rather than the proposed six . The four engine averaging sets are light heavy- dut y (LHD) diesel, medium heavy duty (MHD) di esel, heavy

heavy - dut y (HHD) diesel, and gasoline or spark ignited engines without distinction for the t ype of vehicle in which the engine is installed . T hus, the final ABT program will allow for averaging, banking, and trading of credits between HHD diese l engines which are certified for use in vocational vehicles and HHD diesel engines which are certified for installation in tractors. Similarly , the MHD diesel engines certified for use in either vocational vehicles or tractors will be treated as a single averaging set. As noted in S ection I . G above, the agencies intend to monitor this program and consider possibilities of more widespread trading based on experience in implementing the program as the first engines and vehicles certified to the new standards are introduced. Credits generated by engine manufacturers under this ABT program are restricted for use onl y within their engine averaging set, based on performance against the standard as defined in Section II.B and II.D . Thus, LHD diesel engine manufacturers can only use their LHD diesel engine credits for avera ging, banking and trading with LHD diesel engines, not with MHD diesel or HHD diesel engines. As noted, this limitation is consistent with ABT provisions in EPA’s existing criteria pollutant program for engines and will help avoid problems created by the diversity

of applications that the broad spectrum of HD engines goes into, as discussed above. The compliance program for the final rule s adopts the proposed method for generating a manufacturer’s CO 2 emission and fuel consumption credit or deficit. The manufacturer’s certification test results would serve as the basis for the generation of the manufacturer’s Famil y Certification Level (FCL). The agencies did not receive comment on this , and continue to believe that it is the best approach. The FCL is a new term we proposed for this program to differentiate the purpose of this credit generation technique from the Family

Emission L imit (FEL) previousl y used in a similar context in other EPA rules. A manufacturer may define its FCL at any

level at or abo ve the certification test results. Credits for the ABT program are generated when the FCL is compared to its CO 2 and fuel consumption standard, as discussed in Section II. Credit calculation for the Engine ABT program, either positive or negative, is bas ed on Equation IV - 1 and Equation IV - 2 : **Equation IV**  **- 1**  **: Final HD Engine CO**  **2 credit (deficit)**  HD Engine CO 2 credit (deficit) (metric tons) = (Std - FCL) x (CF) x (Volume) x (UL) x (10 - 6 ) where : Std = the standard associated with the specific engine regulatory subcategory (g/bhp - hr) FCL= Family

Certification L evel for the engine family***** E.O. 12866 Review**
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288 of 971 CF = a transient cycle conversion factor in bhp - hr/mile which is the integrated total cycle brake hors epower - hour divided by the equivalent mileage of the Heavy - dut y FTP cycle. For gasoline heav y - dut y engines, the equivalent mileage is 6.3 miles. For diesel heav y - dut y engines, the equivalent mileage is 6.5 miles. The CF determined b y the Heav y - dut y FTP cycle is used for engines certifying to the SET standard. Volume = (projected or actual) production volume of the engine family UL= useful life of the engine (miles) 10 - 6 converts the grams of CO 2 to metric tons **Equation IV**  **- 2**  **: Final HD Engine Fuel Consumption credit (deficit) in gallons** HD Engine Fuel Consumption credit (deficit) (gallons) = (Std

– FCL) x (CF) x (Volume) x (UL ) x 10 2 where : Std = the standard associated with the specific engine regulatory subcategory (gallon/100 bhp - hr) FCL= Family

Certification L evel for the engine family (gallon/100 bhp - hr) CF = a transient cycle conversion factor in bhp - hr/mile which is the integrated total cycle brake horsepower - hour divided by the equivalent mileage of the Heavy - dut y FTP cycle. For gasoline heav y - dut y engines, the equivalent mileage is 6.3 miles. For diesel heav y - dut y engines, the equivalent mileage is 6.5 miles. The CF determined b y the Heav y - dut y FTP cycle is used for engines certifying to the SET standard. Volume = (projected or actual) production volume of the engine family UL= useful life of the engine (miles) 10 2 = conversion to gallons To calculate credits or deficits, manufacturers will determine an FCL for each engine famil y the y have designated for the ABT program. The agencies have defined engine families in 40 CFR 1036.230 and 49 CFR 535.4 and manufacturers may designate how to group their engines for certification and compliance purposes. The FCLmay be above or below its re spective subcategory standard and is used to establish the CO 2 credits earned in Equation IV - 1 or the fuel consumption credits earned in Equation IV - 2. The final CO 2 and fuel consumption standards are associated with specific regulatory subcategories as d escribed in Sections II.B and II.D (gasoline, light heav y - duty diesel, medium heav y - dut y diesel, and heav y heav y - dut y diesel). In the ABT program, engines certified with an FCL below the standard generate positive credits and an FCL above the standard gen erates negative credits. As discussed in Section II.B and II.D, engine averaging sets that include engine families for which a manufacture elects to use the alternative standard of a percent reduction from the engine family ’s 2011 MY baseline***** E.O. 12866 Review**
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289 of 971 are ineligibl e to either generate or use credits. Credit deficits accumulated in an averaging set where engine families have used the alternate standard can carry that deficit forward for three ye ars following the model ye ar for which that deficit was generated at whi ch time the deficit must be reconciled with surplus credits. The volume used in Equations IV - 1 and IV - 2 refers to the total number of eligible engines sold per family participat ing in the ABT program during that model year. The useful life values in Equation IV - 1 and IV - 2 are the same as the regulatory classifications previously

used for the engine subcategories. Thus, for LHD diesel engines and gasoline engines, the useful life values are 110,000 miles; for MHD diesel engines, 185,000 miles; and for HHD diesel engines, 435,000 miles. As described in Section II.E above, for purposes of EPA’s standards, an engine manufacturer may

choose to comply

with the N 2 O or CH 4 cap standards using CO 2 credits. 298 A manufacturer choosing this option would convert its N 2 O or CH 4 test results into CO 2 eq to determine the amount of CO 2 credits required. This approach recognizes the correlation of these elements in impacting global climate change. To account for the different global warming potential of these GHGs, manuf acturers will determine the amount of CO 2 credits required b y multiplying the shortfall by the GWP. For example, a manufacturer would use 25 kg of positive CO 2 credits to offset 1 kg of negative CH 4 credits. Or a manufacturer would use 298 kg of positive CO 2 credits to offset 1 kg of negative N 2 O credits. Ingeneral the agencies do not expect manufacturers to use this provision, but are providing it as an alternative in the event an engine manufacturer has trouble meeting the CH 4 and/or N 2 O emission caps . There are no ABT credits for performance that falls below the CH 4 cap. As described below, EPA is adopti ng a provision applicable in MYs 2014 through 2016 to allow the creation of CO 2 credits b y demonstrating N 2 O below the current average baseline performance, a value that is well below the final N 2 O cap standard . Manufacturers of engines that generate a credit deficit at the end of the model ye ar for any

of its averaging sets can carry that deficit forward for three ye ars following the model year for which that deficit was generated at which time the deficit must be reconciled with surplus credits. Manufacturers must use credits once those credits have been generated to offset a shortfall before those credits can be banked or traded for additional model y ears. This restriction reduces the chance of an engine manufacturer passing forward deficits before reconciling their shortfalls and exhausting those credits before reconciling past deficits. Deficits will need to be reconciled at the reporting dates for model year three. Surplus credits earned in the engine categories will expire after five model years. As noted above, the agencies may reconsider 5 ye ar credit life during the next phase of rulemaking. Under the EPA and NHTSA programs, engine manufacturers are provided flexibilities in complying with compression ignition (CI) engine standards. These flexibilities are provided in order to: 1) s ynchronize the implementation schedules for the

298 This option does n ot apply to the NHTSA fuel consumption program, since NHTSA is not regulating N 2 O or CH 4 emissions, since they are irrelevant to fuel consumption reductions.***** E.O. 12866 Review**
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290 of 971 upcoming EPA OBD r egulatory changes with the GHG and fuel consumption regulatory requirements; 2) aid manufacturers that produce legacy engines in the early

years of the HD program; and 3) provide an opportunity for manufacturers to earn earl y credits as mentioned in secti ons II.B.(2)(b), II.D.(1)(b)(i) and IV.B.(1) of this document. The flexibilities provide manufacturers of CI engines with four different and distinct paths that can be followed to meet the EPA and NHTSA emission and fuel consumption standards. Manufacturers do not have these flexibility mechanisms for gasoline engines, since the standards for gasoline engines go into effect after the flexibility mechanisms have expired. As a general guideline applicable for each of these four compliance paths, if a manuf

acturer chooses to opt into the NHTSA program prior to MY 2017, which is the year the NHTSA compression ignition engine standards become mandatory , the path chosen must be the same path chosen to meet the EPA emission standards. Each of the four paths is discussed below. The first path is for a manufacturer to meet the regular or “primary” standards that become mandatory

in MY 2014 under the EPA regulations. These standards are voluntary in 2014, 2015, and 2016 under the NHTSA program, and become mandatory in 2017 in the NHTSA program. The primary path standards become more stringent in model year 2017 in both the EPA and NHTSA regulations. For the NHTSA program, an engine manufacturer may choose to voluntarily opt into the program early , in any of the M Ys 2014, 2015 or 2016 allowing that manufacturer to earn credits for those model ye ars. In the NHTSA program however, once the manufacturer has made the decision to opt into the program early it must remain in the program during the subsequent model ye ars . Path two allows manufacturers to earn early credits as part of the “primary” MY 2014 emission standard path. Earl y credits can be earned in MY 2013, as discussed in section IV.B.(1). Under the NHTSA fuel consumption program, an engine manufacturer may also choose to opt into the primary standards program beginning in MY 2013 to obtain earl y credits, but once the decision has been made to opt into the program in MY 2013 the manufacturer must remain in the program in the subsequent model years. If a manufacturer chooses to opt into the NHTSA program prior to the mandatory 2017 model year it must follow that same path chosen to meet the EPA emission standards. If a manufacturer produces “legacy” engines, which ty pically have 2011 baseline emissions that are significantly higher than the 2010 baseline for this regulation, the manufacturer may

choose path three. This path allows a manufacturer to meet alternate CIengine standards in MYs 2014 through 2016 for specific engine families. More details about this path are provided in section II.B.(2)(b) and II.D.(1)(b)(i). This path can only be taken if all other credit opportunities have been exhausted and the manufacturer still cannot meet the primary standards under the first path. Again, if a manufactur er chooses this path to meet the EPA emission standards in MY 2014

– 2016, and wants to opt into the NHTSA fuel consumption program in these same MYs it must follow the exact path followed under the EPA program. The fourth path that a CI engine manufacturer can take is referred to as the alternative “OBD phase - in” path. Manufacturers that wish to “bundle” or combine***** E.O. 12866 Review**
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291 of 971 design changes needed for the 2013 and 2016 heavy - dut y OBD requirements with design changes needed for the GHG and fuel consumption requireme nts may choose this path. The EPA standards in this path become mandatory in MY 2013 instead of 2014. In addition, in this path emission and fuel consumption standards increase in stringency in 2016 rather than in 2017. While the OBD phase - in schedule r equires engines built in MYs 2013 and 2016 to achieve greater reductions than those engines built in the model ye ars under the primary

program (path one above), it requires lower reductions for engines built in 2014 and 2015. Under the NHTSA program, an e ngine manufacturer may choose to opt into the “OBD phase - in” path only if this is the same path chosen under the EPA program and only if the manufacturer is opting into the program in MY 2013 and staying in the program through MY 2016. If a manufacturer c hooses the OBD phase - in path to meet the EPA emission standards and decides to opt into the NHTSA program prior to the mandatory MY 2017 requirement, the manufacturer must follow the same path under both the EPA and NHTSA programs. Under this path the early credit MY 2013 flexibility

as discussed in path two above is not available. While it does not involve credits, the agencies consider the alternative “OBD phase - in” path to be an additional flexibility . Additional flexibilities for engines , discuss ed later in Section IV . B , provide manufacturers the opportunity to generate earl y, advanced and innovative technology credits. **(2) Heavy**  **- Duty Vocational Vehicles and Tractors**  In addition to the engine ABT program described above, the agencies also proposed a heav y - dut y vehicle ABT program to facilitate reductions in GHG emissions and fuel consumption based on heav y - dut y vocational vehicle and tractor design changes and improvements. EPA and NHTSA had proposed averaging sets which aligned with the proposed twelve regulatory subcategories; however in response to the comments described, which requested that averaging sets be expanded across subcategories within similar weight classes, (analogous to the principle on which ABT is structured under EPA’s heav y - dut y diesel engine program for criteria pollutants), the agencies are finalizing only

three averaging sets

– LHD, MHD, and HHD based upon the three weight classes. In other words, all HHD (Class 8) tractors, HHD vocational tractors, and HHD vocational vehicl es will be treated as a single averaging set. Similarly , all MHD (Class 7) tractors, MHD vocational tractors, and MHD (Class 6 - 7) vocational vehicles will be treated as a single averaging set, and LHD vocational vehicles (Class 2b - 5) will be treated as a single averaging set. For this category, the structure of the final ABT program should create incentives for vehicle manufacturers to advance new, clean technologies, or existing technologies earlier than they otherwise would. ABT provides manufacturers the flexibility to deal with unforeseen shifts in the marketplace that affect sales volumes. At the same time, restricting trading to within these segments gives the agencies confidence that the reductions are trul y offsetting given the similarity in produ cts engaged in trading. This structure also a llows for a straightforward compliance program for each sector , with aspects that are independently quantifiable and verifiable .***** E.O. 12866 Review**
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292 of 971 Credit calculation for the final HD Vocational Vehicle and Tractor CO 2 and fuel c onsumption credits, either positive or negative, will be generated according to Equation IV - 3 and Equation IV - 4 : **Equation IV**  **- 3**  **: The Final HD Vocational Vehicle and Tractor CO**  **2 Credit (Deficit)**  HD Vocational Vehicle and Tractor CO 2 credit (deficit)( metric tons ) = (Std - F E L) x (Payload Tons) x (Volume) x (UL ) x (10 - 6 ) where : Std = the standard associated with the specific regulatory subcategory

(g/ton - mile) Payload tons = the prescribed payload for each class in tons (12.5 tons for Class 7 tractors, 19 to ns for Class 8 tractors, 2.85 tons for LHD vocational, 5.6 tons for MHD vocational, and 7.5 tons for HHD vocational vehicles) FEL = Famil y Emission Limit for the vehicle family which is equal to the output from GEM (g/ton - mile) Volume = (projected or actua l) production volume of the vehicle family UL= useful life of the vehicle (435,000 miles for HHD, 185,000 miles for MHD, and 110,000 miles for LHD) 10 - 6 converts the grams of CO 2 to metric tons **Equation IV**  **- 4**  **: Final HD Vocational Vehicle and Tractor Fuel Consumption credit (deficit) in**  **gallons:** HD Vocational Vehicle and Tractor Fuel Consumption credit (deficit)( gallons ) = (Std F E L) x (Payload Tons) x (Volume) x (UL) x 10 3 where : Std = the standard associated with the specific regulatory subcategory (gallons/1,000 ton - mile) Payload tons = the prescribed payload for each class in tons (12.5 tons for Class 7 tractors, 19 tons for Class 8 tractors, 2.85 tons for LHD vocational, 5.6 tons for MHD vocation al, and 7.5 tons for HHD vocational vehicles) FEL = Famil y Emission Limit for the vehicle family (gallons/1,000 ton - mile) Volume = (projected or actual) production volume of the vehicle family UL= useful life of the vehicle (435,000 miles for HHD, 185,000 miles for MHD, and 110,000 miles for LHD) 10 3 = conversion to gallons***** E.O. 12866 Review**
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293 of 971 Manufacturers of vocational vehicles and tractors that generate a credit deficit at the end of the model ye ar for an y of its averaging sets can carry that deficit forward for three ye ars following the model y ear for which that deficit was generated at whic h time the deficit must be reconciled with surplus credits. Manufacturers must use credits once those credits have been generated to offset a shortfall before those credits can be banked or traded for additional model years. This restriction reduces the chance of a vehicle manufacturer passing forward deficits before reconciling their shortfalls and exhausting those credits before reconciling past deficits. Deficits will need to be reconciled at the reporting dates for model y ear three. Surplus credits earned in the vehicle categories will have a five year expiration date. The agencies may reconsider the 5 year credit life during the next phase of the rulemaking. Additional flexibilities for HD vocational vehicles and tractors , discussed later in Sec tion IV.B , provide manufacturers the opportunity to generate earl y, advanced, and innovative technology

credits. **(3) Heavy**  **- Duty Pickup Truck and Van Flexibility Provisions**  The NPRM included specific flexibility provisions for manufacturers of HD pickups and vans, similar to provisions adopted in the recent rulemaking for light - duty car and truck GHGs and fuel econom y. The agencies are finalizing the flexibilities as proposed. In the heav y - duty pickup and van category a manufacturer’s credit or debit balance w ill be determined by calculating their fleet average performance and comparing it to the manufacturer’s CO 2 and fuel consumption standards, as determined by their fleet mix, for a given model year. A target standard is determined for each vehicle. These targets, weighted b y their associated production volumes, are summed at the end of the model year to derive the production volume - weighted manufacturer annual fleet average standard. A manufacturer will generate credits if its fleet average CO 2 or fuel co nsumption level is lower than its standard and will generate debits if its fleet average CO 2 or fuel consumption level is above that standard . To receive the benefit of the advanced technology

provisions, if the manufacturer’s fleet includes conventional and advanced technology

vehicles, the manufacturer will divide this fleet of vehicles into two separate fleets for calculation of fleet average credits. The end - of - ye ar reports will provide the appropriate data to reconcile pre - compliance estimates with fi nal model year figures (see 40 CFR Part 1037.730 and 49 CFR Part 535.8). The EPA credit calculation is expressed in metric tons and considers production volumes, the fleet standards and performance, and a factor for the vehicle useful life, as in the li ght - duty

GHG program. The NHTSA credit calculation uses the fleet standard and performance levels in fuel consumption units (gallons per 100 miles), as opposed to fuel econom y units (mpg) as done in the light - duty program, along with the vehicle useful li fe, in miles, allowing the expression of credits in gallons. The total model year fleet credit (debit) calculations will use the following equations: CO 2 Credits (Mg) = [( CO 2 St d

– CO 2 Act) × Volume × UL ] ÷ 1,000,000 Fuel Consumption Credits (gallons) = (F C Std

– FC Act) × Volume × UL × 100***** E.O. 12866 Review**
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294 of 971 Where: CO 2 Std = Fleet average CO 2 standard (g/mi) FC Std = Fleet average fuel consumption standard (gal/100 mile) CO 2 Act = Fleet average actual CO 2 value (g/mi) FC Act = Fleet average actual fuel consumption value (gal/100 mile) Volume = the total production of vehicles in the regulatory c ategory UL= the useful life for the regulatory category (miles) As described above, HD pickup and van manufacturers will be able to carry forward deficits from their fleet - wide average for three years before reconciling the shortfall. Manufacturers will be required to provide a plan in their pre - model year reports showing how they

will resolve projected credit deficits. Howev er, just as in the engine category , manufacturers will need to use credits earned once those credits have been generated to offset a shortfall before those credits can be banked or traded for additional model years. This restriction reduces the chance of vehicle manufacturers passing forward deficits before reconciling their shortfalls and exhausting those credits before reconciling past deficits. Deficits will need to be reconciled at the reporting dates for model year three. Surplus credits earned in the HD pickup and van categories ( like surplus credits for all the other subcategories) will have a five y ear expiration date. The agencies may

reconsider the 5 y ear credit life during the next phase of the rulemaking. Additional flexibilities for heav y - duty pickup and van category are discussed below in Section IV. B which provides manufacturers the opportunity to generate earl y, advanced and innovative technology credits . 

### B. **A dditional**  **F lexibil**  **ity Provisions** The agencies proposed additional provisions to fac ilitate reductions in GHG emissions and fuel consumption beginning in the 2014 model year. While EPA and NHTSA believed the ABT and flexibility structure would be sufficient to encourage reduction efforts b y heavy - dut y highway engine and vehicle manufacturers, the agencies understood that other efforts could create additional opportunities for manufacturers to reduce their GHG emissions and fuel consumption. These provisions would provide additional incentives for manufacturers to innovate and to develop n ew strategies and cleaner technologies. The agencies requested comment on these provisions, as described below. **(1) Early Credit Option**  The agencies proposed that manufacturers of HD engines, HD pickup trucks and vans, combination tractors, and vocationa l vehicles be eligible to generate early credits if they demonstrate improvements in excess of the standards prior to the model year the***** E.O. 12866 Review**
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295 of 971 standards become effective. As an example, if a manufacturer’s MY 2013 subcategory of tractors exceeds the EPA mandato ry MY 2014 standard for those same vehicles, then that manufacturer could claim MY 2013 credits or “earl y credits” to utilize in its ABT program starting in the MY 2014. As noted in the NPRM, the start dates for EPA’s GHG standards and NHTSA’s fuel consumption standards vary by regulatory

category (see Section II for the model years when the standards become effective), meaning that the earl y credits provision, if selected b y a manufacturer, could begin during different model ye ars. The NPRM stated that manufacturers would need to certify their engines or vehicles to the standards at least six months before the start of the first model year of the mandatory

standards and that limitations on the use of credits in the ABT programs

– i.e., limiting averaging to within each vehicle or engine averaging set

– would apply for the earl y credits as well. In the NPRM, NHTSA and EPA requested comment on whether a credit multiplier, specifically a multiplier of 1.5, would be appropriate to apply to early credits from HD engines, combination tractors, and vocational vehicles (but not to early credits from HD pickups and vans), as a greater incentive for earl y compliance. See 75 FR at 74255. The agencies received comments from Cummins, DTNA, EMA/TMA, Navistar, Eaton, Bosch, CBD and CAL START relating to these earl y credit provisions. All of these commenters supported the earl y credit provision for the most part, but many requested that the agencies eliminate some of the restrictions relating to this provision. EMA/TMA argued that MY 2012 should also be considered for earl y credits and that the requirement to certify six months before the start of the first model y ear would unnecessarily restrict manufacturers from earning credits for technology introduced within six mo nths of the respective model y ear. In addition, EMA/TMA stated that requiring certification of the entire averaging set instead of individual vehicle configurations would not allow for earl y introduction of new technologies. Cummins stated that the six m onth lead time requirement should be removed and that manufacturers be allowed to earn earl y credits for individual engine families rather than onl y for the entire averaging set, stating that removal of these restrictions would further benefit the environm ent. CBD stated that earl y credits should only be granted if the emission and fuel consumption benefits are in addition to or above the existing performance levels and are quantifiable and verifiable. EPA and NHTSA have reviewed these comments and decid ed to clarify the proposed earl y credit provision s to account for the above concerns. Earl y credits are intended to be an incentive to manufacturers to introduce more efficient engines and vehicles earlier than they otherwise would be. However, the agenc ies do not want to provide a windfall of credits to manufacturers that may already have one or more products that meet the standards. Therefore, the final rule s include the option for a manufacturer to obtain early credits for products if they certify the ir entire subcategory

at GHG emissions and fuel consumption levels below the standards. See 75 FR at 74255. Thus, for example, earl y credits could be generated for all HHD engines installed in combination tractors. The agencies are making a clarification in this action that the manufacturers must certify their entire subcategory , not necessarily their entire av eraging set, because the averaging sets are broadened under the final rulemaking from the categories proposed in the NPRM. In addition, the agencies are providing the flexibility for combination tractor manufacturers to obtain early credits for their addi tional sales, as***** E.O. 12866 Review**
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296 of 971 compared to their 2012 model year sales, of SmartWay designated combination tractors (which includes high roof sleeper cabs onl y) in 2013 model year. The agencies view this subcategory

of vehicles as the only

segment of vehicles or engine s where the true additional reductions due to the earl y credits can be quantified outside of certifying an entire subcategory , because the benefit is tied directly to the increase in the SmartWay vehicles manufactured in MY 2013 in excess of those manufact ured in MY 2012. A manufacturer may

opt to apply

for early credits from their 2013 model y ear SmartWay

designated combination tractor sales by first calculating the difference between the number of SmartWay designated combination tractors sold in 2012 MY v ersus 2013 model year. The increment in sales determines the number of 2013 model ye ar SmartWay

designated tractors which can be used to certify for earl y credits, at the manufacturer’s choice of which vehicles to consider. The manufacturer would then de termine each tractor configuration’s performance by modeling in GEM, using each vehicle configuration’s appropriate inputs for coefficient of drag, tire rolling resistance, idle reduction, weight reduction, and vehicle speed limiter. Next, the difference between a specific tractor configuration’s performance and the 2014 MY standard for the appropriate regulatory

subcategory

(e.g., Class 8 sleeper cab high roof tractors) would be calculated. The CO 2 and fuel consumption credits are calculated using Equation IV - 4 and IV - 5. As discussed above and in Section II, manufacturers may opt into the NHTSA voluntary program prior to when the program becomes mandatory . Manufacturers that opt in become subject to NHTSA standards for all regulato ry categories. This provides manufacturers the option of complying with NHTSA fuel consumption standards equivalent to the EPA emission standards in order to accumulate credits in the ABT program. If a manufacturer opts into the EPA early credit program, it may also opt into an equivalent NHTSA early credit program. In this case, the manufacturer must enter the program concurrently

with the EPA program and will be subject to the full MY 2014 - 2015/2016 NHTSA voluntary program. NHTSA would like to clarify that for the earl y credit provision, implementation must occur in MY 2013 exactly as implemented under the EPA emission program, and not in the model year immediatel y before the NHTSA standards become mandatory (since otherwise manufacturers would generat e credits under the fuel consumption program as a result of complying with mandatory GHG standards

– a windfall). Further, once a manufacturer opts into the NHTSA program it must stay in the program for all the optional MYs and remain standardized with th e implementation approach being used to meet the EPA emission program. EPA and NHTSA intend for manufacturers’ ABT credit balances to remain equivalent wherever possible. The agencies also received comments from EMA/TMA and Cummins opposing the requirement to certify six months prior to the first model y ear of the mandatory standards for earl y credits. The commenters argued and the agencies agree that this restriction could cause some delay s in technology rollout and are therefore not adopting this provis ion. The agencies reviewed the restriction and evaluated the light - duty 2012 - 2016 MY vehicle earl y credit program. No such restriction exists for LD vehicles. We therefore believe that this requirement is not necessary for our implementation of the***** E.O. 12866 Review**
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297 of 971 prog ram. In addition, we are adopting a provision which allows manufacturers to generate earl y credits for certifying less than a full model year earl y. Several commenters, including DTNA, Edison Electric Institute, Eaton, and Bosch, supported using a 1.5 multiplier for earl y credits, stating that it would encourage earl y introduction of technology . Cummins and UCS opposed the multiplier stating that the opportunity

to earn credits at their normal value should be sufficient incentive for earl y compliance. The agencies believe that this incentive will further encourage faster implementation of emission and fuel savings technology and help to reduce the costs manufacturers will incur in efforts to compl y with th e s e rule s . The agencies have therefore decided to finalize a 1.5 multiplier for early credits earned in MY 2013. 299 However, the agencies note that manufacturers may not apply an additional 1.5 multiplier for advanced technology

credits which are also certified as earl y credits. With respect to heav y - duty pickups and vans, the agencies proposed that early credits could be generated on a fleetwide basis by comparison of the manufacturer’s 2013 heav y - dut y pickup and van fleet with the manufacturer’s fleetwide targets, using the target standards equations for the 2014 model year. 75 FR at 74255. The agencies are finalizing these provisions as proposed. Under the structure for the fleet average standards, this credit opportunity entails certifying a manufacturer’s entire HD pickup and van fleet in model year 2013. Industry commenters argued that earl y credits should be calculated against a target curve that is less stringent than the 2014 curve. We disagree. Because it is the first year of a 5 - year phase - in, the 2014 model year has quite modest emission s and fuel consumption reductions targets of onl y 15 percent of the 2018 model year standards stringency . Targeting even less significant improvements over the baseline would unduly

increase the prospect for windfall credits by individual manufacturers wh o may

have better than average baseline fleets. On the other hand, we are confident that the early credit program, based as it is on full fleet compliance with the MY 2014 targets, will not result in windfall credits as it represents, in effect, a complet e bringing forward of the program start date b y one model year for manufacturers who choose to pursue it. Again, the agencies consider the availability of early credits to be a valuable complement to the overall program to the extent that they encourage e arl y implementation of effective technologies. **(2) Advanced Technology Credits**  The NPRM proposed targeted provisions that were expected to promote the implementation of advanced technologies. Specifically , manufacturers that incorporate these technologies wou ld be eligible for special credits that could be applied to other heav y - dut y vehicles or engines, including those in other heav y - duty categories. The credits are thus ‘special’ in that they can be applied across the entire heavy - duty sector,

299 There is no multiplier for the early credit provisions in the light - duty vehicle rule. Howeve r, the situation there was more com plicated, since early credits needed to be correlated with credit opportunities under the California GHG program for light - duty vehicle, and also needed to be integrated with statutory credits under EPCA/EISA for flexible fuel vehicles. See 75 FR at 25440 - 443. Thus, the light - duty vehicle rule early credit provisions are not analogous to those adopted in this rule for the heavy duty sector.***** E.O. 12866 Review**
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298 of 971 unlike the AB T and early credits discussed above and the innovative technology credits discussed in the following subsection . The eligible technologies were:

 Hy brid powertrain designs that include energy storage s ys tems  Rankine cycle engines 300

 All - electric vehicles
 Fu el cell vehicles NHTSA and EPA requested comment on the list of technologies identified as advanced technologies and whether additional technologies should be added to the list. In addition to the increased fungibility of advanced technology

credits, NHT SA and EPA requested comment on whether a credit multiplier, specificall y a multiplier of 1.5, would be appropriate to appl y t o advanced technology credits, as a greater incentive for the technologies’ introduction. See 75 FR at 74255 . MEMA asked that the agencies expand the list of technologies that are eligible for Advanced Technology

Credits to include advanced transmission and drivetrain technologies, tire and wheel accessories, and advanced engine accessories technologies (such as electronic air contr ol sy stems and clutched turbocharged air compressor). Bendix requested that weight reduction approaches, improved transmission and drivetrains, driver management and coaching, and tire and wheel improvements be allowed to receive credit through the Advanc ed Technology Credit Program. The advanced technology credit program is intended to encourage development of technologies that are not yet commerciall y available. Inorder to provide incentives for the research and development needed to introduce these technologies, Advanced Technology

Credits can be applied to an y heav y - duty vehicle or engine and are not limited to the vehicle or engine categories generating the credit. Because of this flexibility in the application of these credits, it is important th at the list of eligible technologies only

include technologies that are not yet available in the market. In addition, the technologies must lend themselves to straight forward methodologies for quantifying emissions and fuel consumption reductions. For s ome of the technologies that MEMA and Bendix asked be included in the program, such as electrified accessories and improved tires, the agencies have already established a mechanism for quantifying reductions associated with these approaches. For example, the agencies assumed in the regulatory

impact anal ys is that some electrified accessories will be used to comply with the regulations. Specifically , improved water and oil pumps are assumed to be used for 2014 LHD, MHD, and HHD FTP and SET diesel engines t o comply with standards and if used, their performance would be assessed in the engine certification process. (See RIA Chapter 2.4). An y reductions in engine load and resulting emissions and fuel consumption resulting from accessory electrification thus w ill be accounted for in engine

300 Although as noted in Section III above and in Chapter 2 of the RIA, this techno logy is still under development and so is not presently available.***** E.O. 12866 Review**
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299 of 971 dy namometer testing. However, other electrified accessories, such as air conditioning do not impact engine operation over the FTP and SET cycles. As such, we are allowing credit for tailpipe AC emissions (as opposed to AC l eakage) to be established through the Innovative Technology

Credit Program described in section IV. B (3) below. With regard to tire rolling resistance improvements, light weight wheels, and weight reduction associated with the use of super single tires, these are already part of the technology basis for the standard for combination tractors and are accounted for in the GEM, and are also part of the technology

basis for the standards for heavy - dut y pickups and vans (See RIA Chapter 2.3). Some improved tran smissions

– such as automatic manuals - have been available commerciall y for ten years and as such, does not meet the criteria to be included on the list of advanced technologies. However, as described in Section IV.B. (3), advanced transmissions and driv etrains could be eligible for credits in the Innovative Technology

Credit Program, and the agencies acknowledge the importance of including advanced transmissions and drivetrains in the program. With regard to weight reduction, the agencies are allowing additional weight reduction approaches to be used for tractors through modeling using GEM and through the innovative technology program. And finally , for driver management and coaching

– while we recognize that there could be significant benefits to this, the difficulty in establishing a baseline condition for driver behavior limits the agencies’ ability to establish a reduction for this approach at this time. The agencies have decided not to change the proposed list of technologies evaluated as advanced t echnologies , but are providing additional clarity in the advanced technology

list. The agencies proposed that Rankine cycle engines be included, but the agencies are adopting the wording of Rankine cycle waste heat recovery s ys tem attached to an engine . The agencies received comments from Bendix, Bosch, MEMA, Navistar, Ody ne, Green Truck Association, Eaton, ArvinMeritor and Calstart, which supported the 1.5 multiplier for advanced technology credits. MEMA argued that these added flexibilities are absolute ly

necessary

to help advanced technologies penetrate the marketplace and are the primary

impetus to integrate these technologies onto vehicles. The agencies also received comments from several stakeholders, including ACEEE and Cummins opposing the 1.5 mul tiplier for advanced technology credits. ACEEE argued that multipliers should be avoided because they

lessen the total emission reductions by allowing a greater increase in the emissions of other vehicles than they offset. After reviewing these comments, the agencies have determined that the relativel y low volumes expected in this time frame are likel y to mitigate an y potential dilution of environmental benefits and be outweighed b y the benefits of introduction of advanced technology into the heav y - dut y sec tor. Further, the credit multiplier will provide enough added benefit to the nascent heav y - dut y h ybrid community to help reduce barriers to market entry for new technologies. Therefore, the final rule s include a multiplier of 1.5 for advanced technology credits. However, the agencies are also capping the amount of advanced credits that can be brought into any averaging set into any

model year at 60,000 Mg to prevent market distortions.***** E.O. 12866 Review**
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300 of 971 (a ) HD Pickup Truck and Van Hybrids and all Electric Vehicles For HD pi ckup and van hybrids, the agencies proposed that testing would be done using adjustments to the test procedures developed for light - dut y h ybrids. See 75 FR at 74255. NHTSA and EPA also proposed that all - electric and other zero tailpipe emission vehicles produced in model y ears before 2014 be able to earn credits for use in the 2014 and later HD pickup and van compliance program, provided the vehicles are covered b y an EPA certificate of conformity for criteria pollutants. These credits would be calculat ed based on the 2014 diesel standard targets corresponding to the vehicle’s work factor, and treated as though they were earned in 2014 for purposes of credit life. Manufacturers would not have to early - certify their entire HD pickup and van fleet in a mo del year as for other early - compl yi ng vehicles. NHTSA and EPA also proposed that model year 2014 and later EVs and other zero tailpipe emission vehicles be factored into the fleet average GHG and fuel consumption calculations based on the diesel standards targets for their model y ear and work factor. A manufacturer also has the option to subtract these vehicles out of its fleet and determine their performance as advanced technology credits that can be used for all other HD vehicle categories, but these credits would, of course, not then be reflected in the manufacturer’s pickup and van category credit balance. Commenters generall y supported the introduction of hy brid and zero tailpipe emission vehicles, but did not comment on the specific provisions disc ussed above. The agencies also proposed in determining advanced technology credits for electric and zero emission vehicles that in the credits equation the actual emissions and fuel consumption performance be set to zero (i.e. that emissions be considered on a tailpipe basis exclusively ). We are finalizing these provisions as proposed. The proposal also solicited comment on the accounting of upstream GHG emissions. Some commenters argued that EPA should maintain its traditional focus in mobile source rul emakings on vehicle tailpipe emissions and leave the consideration of GHG emissions from upstream fuel production and distribution - related sources such as refineries and power plants to EPA regulatory programs which could focus specificall y on those source s. Others argued that, since EPA accounts for upstream GHG emissions in its benefits assessments, the agency should reflect upstream GHG emissions impacts in vehicle compliance values as well. After considering these comments, the agencies have decided to base the credit accounting on tailpipe emissions only . The agencies believe that introduction of EV technology into the heav y - duty

pickup and van sector in these model years will be limited and that incentives are important to encourage such introduction . Similarly , the agencies believe that use of EV technology for these vehicles in these model years will be infrequent so that there is no need to adopt a cap whereb y upstream emissions would be counted after a certain volume of sales. See 75 FR at 25434 - 438 (adopting such a cap for light - dut y vehicles under the 2012 - 2016 MY GHG standards). We also recognize that the ongoing EPA/NHTSA rulemaking to reduce GHGs and fuel consumption in MY 2017 and later light - duty vehicles is examining this issue, and may yi eld information and policy direction relevant to the planned follow - on rulemaking for the heav y - duty sector.***** E.O. 12866 Review**
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301 of 971 (b ) Vocational Vehicle and Tractor Hybrids For vocational vehicles or combination tractors incorporating h ybrid powertrains, we proposed two methods for establishing the number of credits generated

– chassis dy namometer and engine dy namometer testing - each of which is discussed next. As discussed in the NPRM the agencies are not aware of models that have been adequatel y peer reviewed with data that can assess this technology without the conclusion of a comparison test of the actual phy sical product. (i ) Chassis Dynamometer Evaluation For h ybrid certification to generate credits w e proposed to use chassis testing as an effective way

to compare the CO 2 emissions and fuel consumption performance of conventional and h ybrid vehicles. See 75 FR at 74256. We proposed that heav y - dut y hy brid vehicles be certified using “A to B” vehicle c hassis dy namometer testing. This concept allows a h yb rid vocational vehicle manufacturer to directl y quantify the benefit associated with use of its hy brid s ys tem on an application - specific basis. The concept would entail testing the conventional vehicle , identified as “A”, using the cycles as defined in Section V. The “B” vehicle would be the hy brid version of vehicle “A”. The “B” vehicle would need to be the same exact vehicle model as the “A” vehicle. As an alternative, if no specific “A” vehicle ex ists for the hy brid vehicle that is the exact vehicle model, the most similar vehicle model would need to be used for testing. We proposed to define the “most similar vehicle” as a vehicle with the same footprint, same payload, same testing capacity , the same engine power s ys tem, the same intended service class, and the same coefficient of drag. We did not receive any adverse comments to this approach and are therefore adopting the same criteria as proposed. To determine the benefit associated with the hy brid sy stem for GHG performance, the weighted CO 2 emissions results from the chassis test of each vehicle would define the benefit as described below:

1. (CO 2 _A

– CO 2 _B ) / (CO 2_A ) = ______ (Improvement Factor) 2. Improvement Factor x GEM CO 2 Result_B = ___ (g/ton mile benefit) Similarly , the benefit associated with the hy brid sy stem for fuel consumption would be determined from the weighted fuel consumption results from the chassis tests of each vehicle as described below:

3. (Fuel Consumption_

A

– Fuel Consumption_B )/ (Fuel Consumption_ A )= ______ (Improvement Factor) 4. Improvement Factor x GEM Fuel Consumption Result_B = ___ (gallon/1,000 ton mile benefit) The credits for the h ybrid vehicle would be calculated as described in the ABT program except that the result from Equation 2 and Equation 4 above replaces the (Std FEL) value.***** E.O. 12866 Review**
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302 of 971 The agencies proposed two sets of duty cycles to evaluate the benefit depending on the vehicle application to assess hy brid vehicle performance

– without and with PTO sy s tems. The key

difference between these two sets of vehicles is that one set (e.g., delivery trucks) does not operate a PTO while the other set (e.g., bucket and refuse trucks) does. The first set of dut y c ycl es would appl y to the hybrid powertrains used to improve the motive performance of the vehicles without a PTO sy stem (such as pickup and delivery trucks). The t ypical operation of these vehicles is very similar to the overall drive cycles final in Section II. Therefore, the agencies are finalizing t o use the same vehicle drive cycle weightings for testing these vehicles, as shown in Table IV - 1 .

**Table IV**  **- 1**  **: Final Drive Cycle Weightings for Hybrid Vehicles Without PTO** Transient 55 mph 65 mph Vocational Vehicles 75 % 9 % 16 % Day Cab Tractors 19 % 1 7 % 64 % Sleeper Cab Tractors 5% 9% 86% The second set of duty

cycles appl y to testing h yb rid vehicles used in applications such as utility

and refuse trucks which tend to have additional benefits associated with use of stored energy , in terms of avoiding main engine operation and related CO 2 emissions and fuel consumption during PTO operation. To appropriatel y address benefits, exercising the conventional and h ybrid vehicles using their P TO would help to quantify the benefit to GHG emissions and fuel consumption reductions. The duty cycle proposed to quantify

the hy brid CO 2 and fuel consumption impact over this broader set of operation was the three primary drive cycles plus a PTO duty cycle. The PTO duty

cycle as proposed took into account the sales impact and population of utility trucks and refuse haulers. As described in RIA Chapter 3, the agencies proposed to add an additional PTO cycle to measure the improvement achieved for this ty pe of hy brid powertrain application. The agencies welcomed comments on the final drive cycle weightings and the final PTO cycle. The agencies received comments from Cummins stating that the proposed weighting of the PTO cycle used a time - based weighting instead of a VMT - based weighting. For the final rules, the agencies derived new PTO cycle weighting b y calculating the average speed of a vehicle during the motive portion of its operation, as detailed in RIA Chapter 3.7.1.1. The average speed is used in a conversion factor to convert the emissions from the PTO operation measured in grams per hour into grams per ton - mile. A number of comments were received on the proposed h ybrid chassis testing approach. The agencies received comments from engine manuf acturers, h ybrid manufacturers, and industry associations, as well as non - governmental organizations related to proper characterization of hy brid performance. To address concerns raised b y commenters regarding h ybrid testing several updates have been made to clarify a hy brid***** E.O. 12866 Review**
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303 of 971 engine and / or s ys tem for pre - transmission, post - transmission, and chassis dy namometer testing. As described in 40 CFR 1036.801, a hy brid engine or hy

brid power train means an engine or powertrain that includes energy storage feature s other than a conventional battery s ys tem or conventional fly wheel. Supplemental electrical batteries and hydraulic accumulators are examples of h ybrid energy storage s ys tems. A h yb rid vehicle is defined in 40 CFR 1037.801 and it means a vehicle that in cludes energy storage features (other than a conventional battery s ys tem or conventional fly wheel) in addition to an internal combustion engine or other engine using consumable chemical fuel. The duty cycles used for testing h ybrid s ystems as either the p ost - transmission or complete chassis configuration will be retained from the proposal, however the weighting factors have been adjusted so that the performance of applications expected to be hy bridized in the near term is better reflected. The testing pro visions for evaluating the performance including the driver model definition, vehicle model, and overall cycle performance have been enhanced as described in 40 CFR 1036.525 and 40 CFR 1037.525. Additionally , provisions for evaluating power take - off perfo rmance improvement have been addressed for charge - sustaining testing. For those hy brid s ys tems which utilize shore power (e.g. plug - in hy

brids), an innovative technology approach in which the certifier characterizes the performance associated with the ope ration of the sy stem in a charge - depleting and charge - sustaining mode is most appropriate given the potential for variability in performance between applications and sy stem designs. To address the issue of parit y between methods it should be clarified that the approach taken for h yb rid testing is consistent for chassis cycle based testing. This method used for both post - transmission and complete vehicle chassis testing is the development of an improvement factor which is then related to the base sy stem pe rformance. The pre - transmission approach relies on work based assessment of performance as with the current engine standards. Comments were received from EMA/TMA, ACEEE, stating that the h ybrid definition and test methodology needs to be more clearl y de fined. Cummins and EMA/TMA asked that the control volumes for the chassis test procedure be specified. Allison stated that the baseline configuration in A to B testing needs clarification

– as an example they

said it is not clear if the baseline vehicle needs to be the same model y ear as the hy brid configuration. They added that it is unclear how to account for hotel or accessory loads. EMA/TMA, Allison, Odyne, and American Trucking Association said that the hy brid drive cycles do not match real world hy brid applications, and as such, will result in an underestimation of benefits resulting from hy brid use. Some or all of these commenters asked that a hy brid drive cycle be developed that consists mainly of transient cycle, increased idle time, low stead y state operation, and high acceleration and deceleration rates. EMA/TMA said the proposed cycle

– the CARB heav y - heav y dut y truck transient mode cycle, was developed as a composite cycle based on a wide range of medium - and heav y - duty vehicles but does not reflect the high acceleration and deceleration of vehicles used in urban applications and which is ty pical for hy

brid vehicles and does not reflect the level of acceleration and deceleration typical of hybrids. Eaton asked that the agencies establish four separate test cycles for hy brids rather than two that more closel y match what actual hybrids do in use. Hino said that energy recapture from regenerative braking needs to be built into the test cycle and as currently***** E.O. 12866 Review**
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304 of 971 designed it is not. Hino also urged the agencies to create test cycles that capture variations in different ty

pes of hy brids. Cummins said that more representative vehicle test cycles should be developed based on the FTP and SET to ensure that the test cycles are func tionally

equivalent between vehicles and engines to ensure fair evaluation of the technology . I CCT articulated the same point on the need for parit y between engine and vehicle test cycles. EMA/TMA, DTNA, and Cummins asked that manufacturers not be requi red to conduct coastdown testing for h ybrid vehicles to establish road loads for each ty pe of vehicle. Instead, they

asked that the agencies define default road load values for manufacturers to use for hy brids. EMA/TMA said that conducting coastdown test s is expensive. They

also argued that road load is irrelevant to determining hy brid performance since the chassis dy namometer method requires a comparison of a vehicle that is identical in all respects except those factors directly relating to the hy

brid powertrain. Cummins, I CCT, and Center for Clean Air Policy expressed general support for chassis dy

namometer testing. Allison said that the lack of dy namometer infrastructure could limit the ability

of manufacturers to certify and get hy

brids into the market place. BAE said that h ybrids should not have to be tested on a chassis dynamometer. Given the options available for certification of h ybrid systems, the constraints on available infrastructure for traditional chassis testing and coastdown testing has been mitigated. Should a manufacturer contemplate chassis testing or powerpack testing to assess hy brid vehicle performance, coastdown testing will still be needed for vocational applications to develop the road load values. To address concerns regardin g the baseline vehicle definition, the following clarifications are provided. The baseline vehicle must be identical to the hy

brid, with the exception being the presence of the hy brid vehicle. Should an identical vehicle not be available as a baseline, the baseline vehicle and h ybrid vehicle must have equivalent power or the h yb rid vehicle must have greater power. Additionally , the sales volume of the conventional vehicle from the previous model year (the vehicle being displaced b y the h ybrid), must be s ubstantial ly such that there can be a reasonable basis to believe the h ybrid certification and related improvement factor are authentic. Should no previous y ear baseline or otherwise existing baseline vehicle exist, the manufacturer shall produce or provi de a prototy pe equivalent test vehicle. For pre transmission hy

brid certification, drivetrain components will not be included in the testing , as is the case for criteria pollutant engine certification today on a brake - specific basis. Manufacturers are expected to submit A to B test results for the h yb rid vehicle certification being sought for each vehicle famil y. Manufacturers may choose the worst case performer as a basis for the entire famil y. The agencies continue to expect to use existing precedent regarding treatment of accessory loads for purposes of chassis testing. Accessory

loads for A to B testing will not need to be accounted for differently for h yb rid A to B chassis testing than for criteria pollutant chassis testing. Based on the descripti on of the hy brid engines and vehicles as found in 40 CFR 1036 and 1037.801, the agencies will not restrict hy

brid configuration certification. The expectation is that hy brid engines and vehicles certified under the provisions for GHG will use certified en gines . As stated previously , based on data provided by commenters and industry associations, the***** E.O. 12866 Review**
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305 of 971 agencies have revised the duty cycles for complete vehicle and post - transmission powerpack testing b y revising the weighting factors such that the performance of the hy brid s ys tem is more appropriatel y characterized. The new weighting factors result in a performance assessment that more closel y matches performance seen in - use by many of the applications most likely to be h yb ridized in the near - term. At this t ime the requirement to conduct coastdown testing remains in place for the vehicle to be chassis tested or for the simulated vehicle in powertrain testing. Absent appropriate coefficients that accuratel y reflect vehicle performance, making an assumption ab out vehicle performance could lead to erroneous results and/or errors in the performance assessment. The agencies have provided numerous flexibilit ies, so the options available to those manufacturers who choose to certify hy brid engines or vehicles are no t constrained to a single test method for which limited infrastructure may exist. (ii) Engine Dynamometer Evaluation The engine test procedure proposed in the NPRM for h ybrid evaluation involved exercising the conventional engine and h ybrid - engine s ys tem based on an engine testing strategy . The basis for the sy stem control volume, which serves to determine the valid test article, would need to be the most accurate representation of real world functionality . An engine test methodology would be considered valid to the extent the test is performed on a test article that does not mischaracterize criteria pollutant performance or actual sy stem performance. Energy inputs should not be based on simulation data which is not an accurate reflection of actual real world operation. Pre - transmission test protocols will include both the engine and the hy brid sy stem for assessing GHG performance, however EPA is not changing criteria pollutant certification at this time for engines. In effect, the engine will need to be certified for criteria pollutant performance, while the engine and hy brid s ys tem in combination may be certified for GHG performance. It is clearl y important to be sure credits are generated based on known phy sical sy stems. This includes testing using the a ppropriate recovered vehicle kinetic energy . Additionally , the duty cycle over which this engine - hy brid s ys tem would be exercised would need to reflect the use of the application, while not promoting a proliferation of duty cycles which prevent a standard ized basis for comparing hy brid s ys tem performance. The agencies proposed the use of the Heav y - dut y FTP cycle for evaluation of hy brid vehicles, which is the same test cycle final for engines installed in vocational vehicles. For powerpack testing, which includes the engine and hy brid s ys tems in a pre - transmission format, the engine based testing is applicable for determination of brake - specific emissions benefit versus the engine standard. For post - transmission powertrain sy stems and vehicles, the comparison evaluation based on the Improvement Factor and the GEM result based on a vehicle drive trace in a powertrain test cell or chassis dynamometer test cell seem to accurately

reflect the performance improvements associated with these test configurations. It is important that introduction of clean technology be incentivized without compromising the program intent of real world improvements in GHG and fuel consumption performance. In the NPRM the agencies asked for comments on the most appropriate test pro cedures to accuratel y reflect the performance improvement associated with hy brid s ys tems tested using these or other protocols. 75 FR at 74257.***** E.O. 12866 Review**
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306 of 971 A number of comments were received on the proposed engine testing approaches. Comments were received from EMA/T MA, Cummins, Allison, Hino, and ICCT, stating that the hy

brid test methodology

needs to be more clearl y defined. EMA/TMA, Cummins, and Allison stated that the agencies have not defined what they will accept as a “complete h ybrid s ys tem” and a clearer defi nition for hy brids needs to be developed. For example, Allison stated that the DRIA say s that a “complete h ybrid s ys tem” can exclude the transmission. They

added that a hy

brid s ys tem must include a transmission. EMA/TMA stated that simulated engine dynamometer testing should include hy brid components. EMA/TMA stated that the agencies’ proposal that part 1065 may be amended, but did not provide specifics on how it might be amended. They suggested the following changes to part 1065: 1) all engine and hyb rid components capable of providing or recovering traction power be included in the control volume; 2) use of hy brid s ys tem torque curves rather than engine torque curves; 3) reference to J2711 for management of energy

storage devices; 4) adhere to convent ional calculation of emissions with only

positive work counted; and 5) provide an estimate of maximum available kinetic energy

in 1065 to ensure that energy capture is consistent with real world operation of h yb rids. Hino said that energy

recapture from regenerative braking needs to be built into the test cycle and as currently designed it is not. Regenerative braking provides fuel consumption and GHG reduction benefits. Eaton said that the proposed powerpack testing does not capture true performance of hy brid vehicles. As noted above, I CCT commented on the need for parit y between engine and vehicle test cycles. They supported hardware - in - the - loop post - transmission testing, but only if an equivalent cycle is used as for chassis testing. Concerns were raised by

hy brid s ys tem manufacturers that the potential for a competitive advantage could exist for hy brids using different methods for certification based solel y on the test method chosen. For determination of the allowable brake energy that may be used for the test cycle with hy brid engines, it is important to provide consistency

between test methods. For that reason EPA is setting a brake energy fraction limit based on the engine FTP duty cycle which would apply to the pre - transmission hy brid and defin ing that as the limit for the post - transmission maximum available brake energy as well. The brake energy fraction will need to be determined based on the engine performance and the brake energy fraction limit will apply

for all powertrain test cell (power pack) testing. This limit on the brake energy fraction will be ratio of negative work to positive work as a function of engine rated power. The agencies are also finalizing that the proposed duty cycles considered for the proposal will continue to be used with this final action. The a gencies proposed a transient duty

cycle, a 55 mile - per - hour steady state cruise and a 65 mile - per - hour steady state cruise. The transient duty cycle , which has been corrected to address a concern related to shift events , is essentially the same transient cycle proposed in the NPRM with the exception that it minimizes inappropriate shift events. Additionally , the steady state cycles proposed by

the Agencies remain essentially unchanged. The modification being adopted with to day ’s final action is to address the distribution of the emissions impact associated with each duty cycle. However, i n response to the concerns detailed above***** E.O. 12866 Review**
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307 of 971 and raised b y engine manufacturers, hy brid s ys tem manufacturers, environmental groups, and NGOs regarding the lack of transient operation in the hy brid cycles, the agencies are finalizing a change in the weighting of the h yb rid vehicle cycles. The weighting factors will be changed such that a greater emphasis on the ty pe of transient activity

seen a s more characteristic of h yb rid applications will be evident. The new weighting factors between duty cycles for h yb rid certification (without PTO) will be 75% for the transient, 9% for the 55 mph cruise cycle, and 16% for the 65 mph cruise cycle. The bas is for this change may be seen in the memorandum to OAR Docket EPA - HQ - OAR - 2010 - 0162 which describes the data set used to describe real world vehicle performance. Additionally , provisions for addressing brake energy fraction have been provided in 40 CFR 1036.525 for h ybrid engine testing. The control volume for testing h ybrid s ys tems for GHG and fuel consumption assessment has included all hybrid power s ys tems and for powertrain testing that is post - transmission, simulated components including tires and regenerative braking impacts. Additionally , provisions for accounting for the h yb rid sy stem and engine torque curve are available in the hy brid test procedures of 40 CFR 1036. 525. In addition, the final rules allow manufacturers that want to certify a h ybrid on a different test cycle than the cycles described above for chassis and engine dy namometer testing instead make a demonstration using the procedures set out in the Innovative Technology

Credit provisions. Li kewise, a manufacturer seeking to certi fy a hy brid using an alternative approach, such as simulation modeling, would need to follow the procedure described in the Innovative Technology Credit section. However, manufacturers whose alternative h ybrid testing procedure is approved through the Inn ovative Technology

Credit Program would receive credits through the Advanced Technology

Credit Program so such credits would be fungible across all vehicle and engine categories and would receive the 1.5 multiplier. EMA/TMA also asked that in addition to the above - described engine, chassis, and powerpack testing, other y et - to - be - defined methods should be allowed so that a novel application of h ybrids can be evaluated for credit. They included h ydraulic, kinetic, electro - mechanical, and genset hy brids as examples of additional configurations that should be accommodated by additional test cycles. Allison asked how emissions and fuel consumption changes associated with ageing of h ybrid systems will be accounted for. ACEEE encouraged the agencies to finaliz e the three approaches outlined in the NPRM for h ybrid testing in the final rule s . Cummins supported three proposed options for evaluating h ybrids. ICCT supported option 1 and 3, but not 2. I CCT stated that EPA and NHTSA need to ensure that: 1) each h yb rid test method/test cycle combination requires the same amount of total energy to run the cycle (for a specific vehicle weight), 2) each test method/test cycle combination has the same amount of total energy available for capture as regeneration by a hy bri d sy stem, and 3) that this available regeneration energy appears in similar increments in each test method/test cycle combination. In allowing for three options for certification of h ybrids, two of those options require the use of a baseline vehicle. Th e post - transmission hy brid certification and the chassis dy

namometer certification options are designed to allow for an assessment of the***** E.O. 12866 Review**
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308 of 971 improvement offered b y incorporating a h ybrid s ystem into the vehicle. Determination of an improvement factor for hy b rid vehicle performance is significantl y influenced b y the selection of the baseline vehicle, test article “A”. The Agencies received comments from engine and h ybrid s ys tem manufacturers that the options for selection of the baseline should be carefully

c onsidered to avoid an unintended consequence of limited real world improvement due to selection of a baseline that was inappropriate. Several concerns regarding an inappropriate baseline were broached including selection of technology that is not actually available in the market, selection of baseline technology that is not representative of the application(s) either b y s ales volume or use, or selection of a baseline that in other way s provides an advantage to a manufacturer which creates an unfair competi tive advantage. To address the concern of improvement factors that have a basis in reality

and demonstrate real world improvements, as well as to continue to create incentives for the introduction of new technology the Agencies are addressing the issue of the baseline selection, as well as the determination of a “most similar” vehicle basis in the case where there may not be an existing production vehicle upon which the hy brid vehicle was based. In making the determination of an appropriate baseline, four options were considered b y the agencies . These options included a fixed baseline weight and definition by

vehicle class, a non - hy

brid baseline intended for production vehicle and transmission sy stem, a best in class conventional application, or vehicle based on highest sales volume. Each of these options has benefits and each raises potential concerns. The determination based solely on a single vehicle b y class has the advantage of providing a fixed baseline the entire industry may easily target for as sessing improvements. It raises concerns regarding the suitability of the vehicle selection for all applications in the weight class, as well as the appropriateness of the selection based on performance across the full range of vehicles and weights in the weight class. The “intended for production” conventional vehicle baseline ensures the baseline and hy brid vehicle pair will represent a real improvement for the specific application. The challenge exists when the conventional vehicle version of the hy brid may not exist. Another issue would exist if the conventional vehicle in the pair had performance characteristics such that the hybrid version does not represent significant improvements beyond other conventional vehicles. The best in class baseline ve hicle approach provides some assurance that the improvement factor generated b y the h ybrid vehicle or system would in fact represent introduction of advanced technology with improvements beyond existing conventional technology . The opportunity for confusi on that exists with a best in class determination includes matching all of the appropriate performance metrics with the appropriate applications in a way

that is consistent with how the market values those improvements. This can become a moving target whi ch could represent an ever evolving design target and eventuall y prove difficult for the Agencies to implement in a way that ensured a level playing field. The last option attempts to include the benefits of the previous options, while maintaining the clarity needed for manufacturers to design and build with a clear understanding of design targets. The highest sales volume application by weight class for the previous model year ensures benefits are measured based on how the market values performance. Thi s has the potential to avoid ambiguit y regarding which vehicle technology

should serve as the baseline and it addresses a concern raised by some commenters regarding the use of a baseline vehicle that clearly is not a class leader. The***** E.O. 12866 Review**
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309 of 971 presumption being that the market will value the conventional technology that provides the best value over the lifetime of the vehicle for its intended service class and application. This approach is intended to be used in conjunction with the basic premise that the “A” veh icle will be the vehicle most similar to the h ybrid “B” vehicle. Should no apparent baseline be available, the vehicle being displaced b y the hy brid may be determined based on several characteristics including but not limited to vehicle class, vehicle ap plication, and complete power s ys tem rated power (e.g. engine rated power for the base vehicle versus combined rated power for the engine - hy brid sy stem). The agencies will continue to use the primary method of highest sales volume, by application and vehi cle weight class in its assessment of the manufacturers selection of a baseline, however should there be a new application introduced with no apparent existing baseline, the closest baseline vehicle may be selected b y the manufacturer and will be evaluated by

the agencies. The commenters' concerns will continue to be reviewed by the agencies as the program is implemented ; however , the approach suggested may not be appropriate across every method. To the extent that the pre - transmission testing is a work based assessment consistent with today 's engine testing, we are remaining consistent with current practices in which the engine certification has applicability across applications. With that said we have defined a regenerative brake limit that will align the relative energy (regenerative to tractive) across all three methods. This can be found in 40 CFR 1036.525. Given the use of the same duty cycles for both post - transmission and chassis dy namometer testing, we are capturing the performance of the powertrain by exercising it in the same manner for both methods, so the methods will be equivalent in all three aspects that were mentioned by the commenter. **(3) Innovative**  **Technology Credits** The agencies proposed a credit opportunity intended to apply

to new and innovative technologies that reduce fuel consumption and CO 2 emissions, but for which the reduction benefits are not captured over the test procedure, including the GEM, used to determine compliance with the standards (i.e., the benefits are “off - cycle”). S ee 75 FR at 74257 - 58; see also 75 FR 25438 - 25440 where EPA adopted a similar credit program for MY 2012 - 2016 light - duty vehicles. The agencies explained in the NPRM that EPA and NHTSA are aware of some emerging and innovative technologies and concepts in various stages of development with CO 2 emissions and fuel consumption reduction potential that might not be adequatel y captured on the final certification test cycles or are not inputs to the GEM, and that some of these technologies might merit some addit ional CO 2 and fuel consumption credit generating potential for the manufacturer. Eligible innovative technologies are those technologies that are newl y introduced in one or more vehicle models or engines, but that are not yet widely implemented in the heavy - dut y fleet

– and more specificall y, not yet widel y implemented in the averaging set for which the credit is sought . Examples of such technologies mentioned in the NPRM include predictive cruise control , gear -***** E.O. 12866 Review**
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310 of 971 down protection, active aerody namic feature s , and adjustable ride height. Innovative technologies can include known, commercialized technologies if they are not yet widel y utilized in a particular heavy - duty sector subcategory . Any credits for these technologies would need to be based on real - world fuel consumption and GHG reductions that can be measured with verifiable test methods using representative driving conditions ty pical of the engine or vehicle application. In the NPRM, the agencies stated that we would not consider technologies to be eligi ble for these credits if the technology has a significant impact on CO 2 emissions and fuel consumption over the primary test cycles, or if it is one of the technologies on whose performance the various vehicle and engine standards are premised. The agenci es believe it is appropriate to provide an incentive to encourage the introduction of these ty pes of technologies and that a credit mechanism is an effective way to do so. Further, there needs to be a mechanism to account for the emission reductions and fu el efficiencies resulting when an innovative technology is used. The agencies proposed that this optional credit opportunity would be available through the 2018 model year reflecting that technologies which are now uncommon may be more widel y utilized by then, but the agencies sought comment on the need to extend the ability to earn credits beyond the model year 2018 . See generally 75 FR at 74257 - 258. EPA and NHTSA also proposed that credits generated using innovative technologies be restricted within the subcategory averaging set where the credit was generated but requested comments on whether these innovative technology credits should be fungible acro ss vehicle and engine categories. The agencies also propos ed that manufacturers quantify CO 2 and fuel consumption reductions associated with the use of the off - cycle technologies such that the credits could be applied based on the metrics (such as g/mile and gal/100 mile for pickup trucks, g/ton - mile and gal/1,000 ton - mile for tractors and vocational vehicle s, and g/bhp - hr and gal/100 bhp - hr for engines). Credits would have to be based on real additional reductions of CO 2 emissions and fuel consumption an d would need to be quantifiable and verifiable with a repeatable methodology . Such data would be submitted to EPA and NHTSA , and would be subject to a public evaluation process in which the public would have opportunity for comment. See 75 FR at 74258. We propose d that the technologies upon which the credits are based would be subject to full useful life compliance provisions, as with other emissions controls. Unless the manufacturer can demonstrate that the technology would not be subject to in - use det erioration over the useful life of the vehicle, the manufacturer would have to account for deterioration in the estimation of the credits in order to ensure that the credits are based on real in - use emissions reductions over the life of the vehicle . In cas es where the benefit of a technological approach to reducing CO 2 emissions and fuel consumption cannot be adequately represented using existing test cycles, it was proposed that EPA and NHTSA would review and approve as appropriate test procedures and anal yt ical approaches to estimate the effectiveness of the technology for the purpose of generating credits. The demonstration program would have to be robust, verifiable,***** E.O. 12866 Review**
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311 of 971 and capable of demonstrating the real - world emissions benefit of the technology with strong statistical significance. Finally , the agencies explained in the NPRM that the CO 2 and fuel consumption benefit of some technologies may have to be demonstrated with a modeling approach. In other cases manufacturers might have to design on - road tes t programs that are statistically

robust and based on real world driving conditions. As with the similar procedure for alternative off - cycle credits under the light - dut y 2012 - 2016 MY vehicle program, the agencies would include an opportunity for public co mment as part of an y approval process. The agencies requested comments on the proposed approach for off - cycle innovative technology emissions credits, including comments on how best to structure the program. EPA and NHTSA particularl y requested comments o n how the case - by - case approach to assessing off - cycle innovative technology credits could best be designed, including way s to ensure the verification of real - world emissions benefits and to ensure transparency

in the process of reviewing manufacturer’s pr oposed test methods. T he agencies received numerous comments relating to all aspects of the innovative technology

credit flexibility

provision. The vast majority of the commenters supported this provision as proposed, but requested that certain aspects be further clarified , so the agencies are adopting the full provision as proposed and providing further discussion that addresses and clarifies the provision in response to comments. We also note generally

that many

comments asserting that the GEM or certai n of the engine standards failed to account for certain ty pes of emission reductions associated with technology

improvements did not consider the availability of innovative technologies for such technologies. These comments are addressed specificall y in the Response to Comment Document or elsewhere in this preamble. A number of organizations, including DTNA, MEMA, Navistar, Green Truck Association, Eaton, ACEEE, and NESCAUM, commented that technologies such as advanced transmissions, engine cooling strateg ies, idle reduction, light - weight components (including light - weight engines), and advanced drivelines should be able to receive credit through the innovative technology program. The agencies agree with these commenters. The NPRM did not provide a specifi c list of technologies that the agencies would consider “innovative” because the agencies intended that a innovative technology could be an y technology not in widespread use in the subcategory that can be proven to reduce CO 2 emissions and fuel consumption but for which the benefits are not captured utilizing the FTP procedures, SET procedures and GEM methodology used to determine compliance with the emission and fuel consumption standards. An y of the suggested technologies could be considered as an innovat ive technology if the associated emission and fuel consumption benefit has not already been considered to have widespread use in the subcategory , if the associated emission and fuel savings can be measured and validated, and if the technology and measureme nt methodology have been approved b y the agencies. NHTSA and EPA will determine the impact of the technology and each agency in turn will accept the credits either jointly or independentl y depending upon whether the technology

has a direct bearing upon GH G or fuel consumption performance.***** E.O. 12866 Review**
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312 of 971 A number of commenters, including Bendix, Bosch, Cummins, EMA/TMA, Eaton, DTNA, Navistar, Volvo, ArvinMeritor and USC requested that the innovative technology

process and procedures be more clearly structured and define d. Bendix requested that the agencies prescribe specific processes and procedures in the final rule s by which innovative technologies can be submitted for review and approval. EMA/TMA requested that the agencies provide guidance on the certification process, and suggested that existing fuel consumption test procedures developed jointly by the Society

of Automotive Engineers (SAE) and the Technology & Maintenance Council (TMC), s pecificall y that the T yp e II and Ty pe III procedures be used. Eaton requested that the agencies identify

test methods that can be used for certification in order to provide transparency

and certainty , and promote earl y technology introduction. In respons e to these comments, the agencies have further defin ed the process in the final action . In cases where the benefit of a technological approach to reducing CO 2 emissions and fuel consumption cannot be adequately represented using existing test cycles, EPA and NHTSA will review and approve test procedures and anal yt ical approaches as appropriate to estimate the effectiveness of the technology for the purpose of generating credits. The innovative technologies will be evaluated in an A - to - B comparison. The baseline engine and/or vehicle configuration must represent a configuration which is equivalent to the engine and/or vehicle with the innovative technology in terms of the other aspects of the engine and/or vehicle to prevent double counting of emissions r eductions or gaming. Since innovative credits will be available for use within the same averaging set as the engine or vehicle which employ the innovative technology (for reasons explained below), the agencies are defining innovative credit approaches b y regulatory category . (a ) Heavy -Duty Pickup Truck and Van Innovative Technology Credits For HD pickups and vans, EPA and NHTSA proposed that they would review and approve manufacturer - provided test procedures and anal yt ical approaches to estimate the effectiven ess of a technology for the purpose of generating credits. The proposal also expressed the view that the 5 - c ycl e approach currently used in EPA’s fuel econom y labeling program for light - duty vehicles may

provide a suitable test regime, provided it can be reliabl y conducted on the dynamometer and can capture the impact of the offcycle technology

(see 71 FR 77872, December 27, 2006) . EPA established the 5 - cycle test methods to better represent real - world factors impacting fuel econom y, including higher spe eds and more aggressive driving, colder temperature operation, and the use of air conditioning. Because we have not firml y established the suitability of the 5 - cycle approach for HD pickups and vans at this time, and we received no comments or data helpin g to establish it, we are not adopting provisions to specify its use. However, it remains a candidate approach that manufacturers may pursue in making their demonstrations for innovative technology credits, described below. Manufacturer data submitted to the agencies in pursuit of innovative technology credits would be subject to a public evaluation process in which the public would have***** E.O. 12866 Review**
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313 of 971 opportunity

for comment. 301 Whether the approach involves on - road testing, modeling, or some other analy

tical approach, the manufacturer would be required to present a final methodology

to EPA and NHTSA. EPA and NHTSA would approve the methodology and credits onl y if certain criteria were met. Baseline emissions and fuel consumption 302 and control emissions and fuel consumpt ion would need to be clearl y demonstrated over a wide range of real world driving conditions and over a sufficient number of vehicles to address issues of uncertainty with the data. Data would need to be on a vehicle model specific basis unless a manufacturer demonstrated model - specific data was not necessary . The agencies would publish a notice of availability in the Federal Register notifying the public of a manufacturer’s proposed alternative off - cycle credit calculation methodology and provide opportunit y for comment. The notice will include details regarding the methodology , but not include any Confidential Business Information. The agencies did not receive an y adverse comments on using the proposed approach for HD pickup trucks and vans. Consistent with the proposal, the agencies are adopting the proposed innovative technology credit provisions for HD pickup trucks and vans. (b ) Heavy -Duty Engine, Combination Tractor, and Vocational Vehicle Innovative Technology Credits Innovative technology

credits dev eloped in the HD engine, combination tractor, and vocational vehicle categories will need to be applied to the subcategory in which they were generated. The agencies are adopting provisions in §1037.61 0 to determine the separation of engine credits and ve hicle credits based on the method which is selected by the manufacturer to determine the effectiveness of the innovative technology. For example, improvements to the engine that are demonstrated in either the engine dy namometer test or powerpack test will clearl y be engine credits. Improvements that are demonstrated using chassis dy namometer or on - road test will be considered vehicle credits. However, the agencies recognize that there may be exceptions to this approach, and will allow for the manufacture r to request an alternate classification of credits. A change in credit allocation will require approval from the agencies and would be subject to a public evaluation process. Furthermore, to address the concerns of some commenters mentioned above, the agencies are adopting an approach for HD engines and vehicles that provides two paths for approval of the test procedure to measure the CO 2 emissions and fuel consumption reductions of an innovative off - cycle technology

used in the HD engine or vehicle. Th ese alternative approaches are similar to those adopted in the light - duty vehicle rule. The first path will not require a public approval process of the test method. The “pre approved” test methods for HD engines and vehicles will include the A - to - B chas sis testing, powerpack testing, and on - road testing. The agencies are also adopting as proposed a second test method approval path that provides a manufacturer the ability to

301 See 75 FR 25440. 302 Fuel consumption is derived from measured CO 2 emissions using conversion factors of 8,887 g CO 2 /gallon for gasoline and 10,180 g CO 2 /gallon for diesel fuel.***** E.O. 12866 Review**
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314 of 971 submit an alternative evaluation approach to EPA and NHTSA, which must be approv ed by the agencies prior to the demonstration program. As with HD pickup trucks and vans, s uch submissions of data should be submitted to the agencies and would be subject to a public evaluation process in which the public would have opportunity for comme nt. 303 Baseline emissions and control emissions would need to be clearl y demonstrated over a wide range of real world driving conditions and over a sufficient number of vehicles to address issues of uncertainty with the data. The agencies will publish a no tice of availability

in the Federal Register notifying the public of a manufacturer’s proposed alternative off

- cycle credit calculation methodology and provide opportunity

for comment. The notice will include details regarding the methodology , but not inc lude an y Confidential Business Information. Approval of the approach to determining a CO 2 and fuel consumption benefit would not imply approval of the results of the program or methodology ; when the testing, modeling, or analy ses are complete the results w ould likewise be subject to EPA and NHTSA review and approval. The pre - approved test procedures include engine dy namometer, powerpack, chassis dy

namometer, and on - road testing. Each of the test procedures require the evaluation of a baseline and control engine or vehicle (A vs. B testing) to quantify the improvement. Manufacturers may use the engine dy

namometer test procedures using the HD engine FTP or SET cycle. The chassis testing and powerpack testing would be conducted the same as described above for HD vocational vehicle and tractor hy brid testing in Section IV.B.2.b using the drive cycles and weightings finalized in this action for the primary

program. If a manufacturer requires the use of an alternate duty cycle, then it will require prior appr oval from the agencies. The on - road testing would be tested according to SAE J1321 Joint TMC/SAE Fuel Consumption Test Procedure Ty pe II Reaffirmed 1986 - 10 or SAE J1526 Joint TMC/SAE Fuel Consumption In - Service Test Procedure Ty pe III Issues 1987 - 06, with additional constraints to improve the test repeatability . The first constraint requires that the minimum route distance be set at 100 miles. In addition, the route selected must be representative in terms of grade. The agencies will take into account published and relevant research in determining whether the grade is representative. 304 Similarly , the speed of the route must be representative of the drive cycle weighting adopted for each regulatory

subcategory . For example, if the route selected for an evaluation of a combination tractor with a sleeper cab contains only interstate driving, then the improvement factor would only appl y to 86 percent of the weighted result. Lastl y, the ambient air temperature must be between 5 and 35°C. The agencies also would allow the use of a Portable Emissions Measurement (PEMS) device for the measurement of CO 2 emissions during the on - road testing. The agencies are not pre - approving any routes for

303 See 75 FR 25440. 304 The agencies would consider information such as the study conducted by Oak Ridge National Lab which found that 72 percent of their data records w ere driven on flat terrain of less than 1 percent grade to determine the representativeness of the route. See Capps, G., O. Franzes, B.Knee, M.B. Lascurain, and P. Otaduy. Class 8 Heavy Truck Duty Cycle Project Final Report. ORNL/TM - 2008/122, Oak Ridge National Laboratory. Last accessed on April 14, 2011 at page 5 - 14 of http://cta.ornl.gov/data/tedb29/Edition29_Chapter05.pdf***** E.O. 12866 Review**
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315 of 971 the on - road testing. Manufacturers will be required to submit the pro posed route prior to testing for approval. The agencies requested comments on whether credits generated using innovative technologies should be fungible across vehicle and engine categories and received comments both supporting and opposing the limited fungibility of these credits. Cummins did not support the fungibility of innovative technology credits across subcategories, arguing that it is not advisable given the large number and variability of different technology

t yp es and the uncertaint y in this provision. DTNA stated that the credits should be fungible across engine and vehicle classes to be treated the same as advanced technology

credits. EPA and NHTSA acknowledge that the HD program is a new program and, though the agencies continue to believe the credit provision is an important flexibili ty , the agencies are implementing innovative technology credits based on the ability to assign a value for future technologies and test methods that are as yet to be defined. Given the fact that the agencies cannot make a determination at this time of , wh at innovative technologies will be offered, and thus the impact of increased fungibility to sectors outside the original application of the innovative technology might be, it is premature to allow that credit to be traded without restriction and with addit ional credit. Until such uncertaint y can be understood and quantified , the agencies believe the final rule s should continue to include restrictions on the fungibility of innovative technology credits across service classes and categories. The agencies proposed that this credit opportunity be available through the 2018 model year , reflecting that technologies may be common by

then, but sought comment on the need to extend beyond model year 2018 . The agencies received comments from DTNA, Navistar, Eaton, Cummins and Bosch supporting the extension of this provision beyond model year 2018. Eaton stated that though some technologies will be more common in 2018, new technologies will evolve facing the same difficulties concerning implementation and would ben efit from this provision. Bosch explained that extension of the provision past 2018 is important because at the time of the final rule the GEM will not incorporate an y newer technology until it is updated in phase two of the program, and manufactures will therefore continue to need the innovative technology provision for receiving credits for technologies not accounted for in GEM. The agencies have reviewed these concerns and believe that they are valid. Therefore, the final rule does not state that this provision ends in model y ear 2018. Any action taken on these credits in a subsequent rulemaking will be addressed b y the agencies at that time in that future rulemaking. **(4) N**  **2 O Credit**  EPA received a comment from an industry stakeholder requesting a provision to allow manufacturers of heavy - duty engine to gain credit for redesigning emission control sy stems to reduce N 2 O emissions . The commenter argued that unlike CH 4 , N 2 O emissions from some NO X control technologies can vary in inverse proportion to CO 2 emis sions. Given such a tradoeff, it wo uld be appropriate to allow manufacturers to exploit that tradeoff to achieve the lowest overall greenhouse gas emissions possible. Thus, EPA is adopting a provision which allows engine manufacturers to generate CO 2***** E.O. 12866 Review**
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316 of 971 credits for very

low N 2 O emissions. Specifically , manufacturers that certify engines with full useful life N 2 O FEL emissions which are less than 0.04 g/hp - hr could generate 2.98 grams of CO 2 credit for 0.01 grams of N 2 O reduced (consistent with the relat ive global warming potentials of CO 2 and N 2 O). For example, where a manufacturer certifies an engine famil y to have low per - brake horsepower hour N 2 O emissions of 0.01 g/hp - hr and applies the 0.02 g/hp - hr assigned deterioration factor, it could certify th e engine family

to a 0.03 g/hp - hr N 2 O FEL and generate enough CO 2 credits to offset CO 2 emissions 2.98 g/hp - hr above the standard. The 0.04 g/hp - hr level is less than the cap standard of 0.10 g/bhp - hr ( so credits generated would not be windfalls) and refl ects EPA’s best estimate of average N 2 O performance for today ’s engine technologies. See Table II - 22 above. This value has been chosen to ensure the credit reflects improvements beyond today ’s baseline performance level. EPA is limiting this provision t o model years 2014 through 2016, the same years that NHTSA’s program is voluntary, to maintain alignment between the CO 2 emissions and fuel consumption standards. EPA considered allowing the provision to continue beyond 2016 but decided given its relativel y small value (we expect this credit to be worth approximately 3 g/bhp - hr on a standard of 460 g/bhp - hr) and the ultimate desirability

of alignment of the EPA an d NHTSA programs to limit the period of this flexibility

to the period of time when the NHTSA program will be voluntary . 

## V. **NHTSA**

**and EP A**  **Com pliance, Certification, and**  **Enfor cement Pr**  **ovisions A.**  **Overview** (1) **Compliance Approach** This section describes EPA’s and NHTSA’s final program to ensure compliance with EPA’s final emission standards for CO 2 , N 2 O, and CH 4 and NHTSA’s final fuel consumption standards, as described in S ection II. To achieve the goals projected in the proposal, it is important for the agen cies to have an effective and coordinated compliance program for our respective standards. As is the case with the l ight - d ut y vehicle rule , the final compliance program for heav y - duty vehicles and engines has two central priorities: (1) to address the ag encies’ respective statutory requirements; and (2) to streamline the compliance process for both manufacturers and the agencies b y building on existing practice wherever possible, and b y structuring the program such that manufacturers can use a single data set to satisfy the requirements of both agencies. It is also important to consider the provisions of EPA’s existing criteria pollutant program and NHTSA’s existing LD program in the development of the approach used for heavy - duty certification and compli ance. The existing EPA heavy - dut y highway engine emissions program has an established infrastructure and methodology that will allow for an effective integration with this final GHG and fuel consumption program, without needing to create new unique proces ses in man y instances. The HD compliance program will address the importance of the impact of new control methods for heav y - duty vehicles as well as other control s ys tems and strategies that may extend beyond the traditional purview of the criteria pollut ant program.***** E.O. 12866 Review**
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317 of 971 Section 202(b)(3)(A) of the Clean Air Act (CAA) defines “model ye ar” to mean “ . . . the manufacturer’s annual production period (as determined by the Administrator) which includes January

1 of such calendar ye ar” or to mean calendar ye ar if the manufacturer has no annual production period. Section 32901(a)(16) of EISA defines “model year” with almost identical language. Section 202(b)(3)(A) of the CAA also allows the EPA Administrator to define model year differently to assure “. . . that vehicles and engines manufactured before the beginning of a model ye ar were not manufactured for purposes of circumventing the effective date of a standard . . .” Consistent with this statutory language, the NPRM proposed regulatory text to define “model ye ar,” in 40 CFR 1036.801, 40 CFR 1037.801 and 49 CFR 535.4. All three codified the primary

CAA and EISA definition, but differed with respect to language intended to prevent circumvention of the standards. The proposed definition for engines was: Model year means the manufacturer’s annual new model production period, except as restricted under this definition. It must include January 1 of the calendar year for which the model year is named, may not begin before January 2 of the previous calendar year, an d it must end by December 31 of the named calendar year. Manufacturers may not adjust model years to circumvent or delay compliance with emission or standards or to avoid the obligation to certify annually. The proposed definition for vehicles was: Model y ear means the manufacturer’s annual new model production period, except as restricted under this definition and 40 CFR part 85, subpart X. It must include January 1 of the calendar year for which the model year is named, may not begin before January 2 of the previous calendar year, and it must end by December 31 of the named calendar year. Use the date on which a vehicle is shipped from the factory in which you finish your assembly process as the date of manufacture for determining your model year. For exam ple, where a certificate holder sells a cab - com plete vehicle to a secondary vehicle manufacturer, the model year is based on the date the vehicle leaves the factory as a cab complete vehicle. EPA’s and NHTSA’s vehicle model y ear definitions differed slight ly in wording but were essentially

the same for §§ 1037.801 and 535.4. In creating the model year definition for vehicles, the agencies were mindful of the confusion chassis manufacturers may face in determining their model years in a given period of prod uction, for example, due to manufacturing and shipping products at different levels of completion and involving multiple manufacturers. The agencies included the term “ship date” in order to provide chassis manufacturers a clear reference date (“in which you finish your assembly process”), as well as to decrease the risk of gaming that might occur if no reference date was specified and there were therefore no parameters on the choice of model y ear. The engine definition was chosen based on consistency with prior EPA definitions for other mobile source programs. The agencies received comments on the definitions from EMA/TMA and Navistar expressing concern over the potential for unintended consequences. The commenters argued that the use of “ship date” for ve hicles could create difficult y and uncertaint y for***** E.O. 12866 Review**
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318 of 971 manufacturers for whom the ship date can be delay ed for reasons outside of their control, such as late - arriving components. They also argued that the differences between the vehicle and engine definitions would increase the likelihood that a single vehicle would be subject to different fuel efficiency requirements during certain ye ars of transition in the standards, as it would not be unlikely that a vehicle would be a later model y ear than an engine. For example, during the 2016 - 2017 period, an engine may be model y ear 2016 while the vehicle is model y ear 2017. NHTSA and EPA have considered further whether there are benefits to maintaining separate definitions for “model y ear” for the engine and vehicle s tandards based on these comments. We continue to believe that differences in manufacturing practices for engines and vehicles support the use of separate definitions. However, for this final action , we have decided to modify the definitions to account fo r the above concerns, address circumstances of multiple manufacturers, and provide increased consistency

and clarity . Thus, instead of “ship date,” the vehicle definition for model ye ar will refer to the date when the certifying manufacturer’s “manufacturing operations were completed,” within the specified ye ar. The final definition also specifies that each vehicle must be assigned a model year before introduction into U.S. commerce, but allow a manufacturer to redesignate a later model year if it does no t complete its manufacturing operations for the vehicle within the initial model year. To further standardize with EPA definitions, NHTSA will add the EPA engine model year definition to its corresponding regulation 49 CFR 535.4. We believe that this will address the concerns raised b y commenters because it will provide standardization, more specificit y and account for current manufacturer practices. The agencies are aware that the designation of a model year on a chassis for the purposes of this heav y - duty truck emission and fuel consumption program may result in a complete vehicle that has one model year associated with its chassis for emission/fuel consumption purposes and another model ye ar designation in its vehicle identification number (VIN) for a motor vehicle’s certification to Federal motor vehicle safety standards. However, as the chassis model year designation would only be used on the certificate of conformity

by the responsible manufacturer for the purpose of complying with th e s e rule s , it would not contradict other purposes for which a VIN model y ear may be used. EMA/TMA also argued that the proposed dates used to specify the model year would shorten the lead time provided for manufacturers, because production for HD vehicles often b egins in the earl y months of the ye ar preceding the model year. We are addressing these concerns by finalizing January

1, 2014 as the date certain when manufacturers are required to comply . Prior to this date, certification of the vehicle would be option al. Thus, a manufacturer could produce uncertified model year 2014 vehicles through December 31, 2013. The heav y - duty compliance program uses a variet y of mechanisms to conduct compliance assessments, including preproduction certification and postproducti on testing and in - use monitoring once vehicles enter customer service. Specificall y, the agencies are establishing a compliance program that utilizes existing EPA testing protocols and certification procedures. Under the provisions of this program,***** E.O. 12866 Review**
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319 of 971 manufa cturers will have significant opportunit y to exercise implementation flexibility , based on the program schedule and design, as well as the credit provisions in the program for advanced technologies. This program includes a process to foster the use of inn ovative technologies, not y et contemplated in the current certification process. EPA and NHTSA will conduct compliance preview meetings which provide the agencies an opportunity

to review a manufacturer’s new product plans and ABT projections. Given the nature of the final compliance program that involves both engine and vehicle compliance for some categories, it is necessary for manufacturers to begin pre certification meetings with the agencies early enough to address issues of certification and compliance for both integrated and non - integrated product offerings. Based on feedback EPA and NHTSA received during the light - dut y GHG comment period, both agencies are seeking to ensure transparency in the compliance process of this program. In addition to p roviding information in published reports annually regarding the status of credit balances and compliance on an industry basis, EPA and NHTSA sought comments in the NPRM on additional strategies for providing information useful to the public regarding indu stry’s progress toward reducing GHG emissions and fuel consumption from this sector while protecting sensitive business information. In response, commenters (Sierra Club and UCS) also had strong interests for the agencies to ensure that any collected data is made available to the public with an interest especially

for providing details on the credit balances for each manufacturer and for data on specific vehicle configuration information data to better understand the market and help with the development of future programs. Additional requests (ALA and EDF) were also made for the agencies to expand consumer education and outreach for medium - and heav y - duty vehicles thereb y empowering fleet purchasers to make better informed choices. Another commenter (ACEE E) specificall y requested that the agencies publish a heav y - dut y truck trend report describing vehicles and engines sold, including fuel efficiency

and GHG performance and the use of advanced technology . Itwas further recommended (b y ALA and EDF) that th e agencies should create consumer education and outreach programs for medium and heav y - duty vehicles such as fuel consumption and GHG emissions information for all vehicles and engines covered by the rule s , in buyers guide similar to the fuel economy guide s that EPA and NHTSA provide for the light - duty CAFE program. IC CT and UCS also requested having a consumer based label for heav y - dut y pickup trucks and vans providing fuel econom y and emission information like in the light - duty CAFE program. The agenci es agree that there is a need for sharing heav y - dut y emissions and fuel consumption information and therefore will make information publically available under this program. (a ) Heavy -Duty Pickup Trucks and Vans The final compliance regulations (for certification, testing, reporting, and associated compliance activities) for heav y - dut y pickup trucks and vans closely track both current practices and the recently adopted greenhouse gas regulations for light - dut y vehicles and trucks. Thus they are familiar to manufacturers. EPA alread y oversees testing, collects and processes test data, and performs calculations to determine***** E.O. 12866 Review**
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320 of 971 compliance with both CAFE and CAA standards for L ight - Dut y. For Heavy - Duty products that closel y parallel light - dut y pickup s and vans, unde r a coordinated approach, the compliance mechanisms for both programs for NHTSA and EPA would be consistent and non - duplicative for GHG pollutant standards and fuel consumption requirements. Vehicle emission standards established under the CAA apply throughout a vehicle’s full useful life. Under EPA’s existing criteria pollutant emission standard program for heavy - dut y pickup trucks and vans, vehicle manufacturers certify a group of vehicles called a test group. A test group t ypically includes multiple ve hicle lines and model ty pes that share critical emissions - related features. The manufacturer generall y selects and tests a single vehicle, t ypicall y considered “worst case” for criteria pollutant emissions, which is allowed to represent the entire test gro up for certification purposes. The test vehicle is the one expected to be the worst case for the emission standard at issue. Emissions from the test vehicle are assigned as the value for the entire test group. However, the compliance program in the rece nt GHG regulations for light - dut y vehicles, which is essentially

the well - established CAFE compliance program, allows and may require manufacturers to perform additional testing at finer levels of vehicle models and configurations in order to get more prec ise model - level fuel econom y and CO 2 emission levels. The agencies are adopting this same approach for heav y - dut y pickups and vans. Additionally , like the light - duty program’s use of anal yt ically derived fuel econom y (ADFE) data, we will allow manufactur ers to predict CO 2 levels (and corresponding fuel consumption) of some vehicles in lieu of testing, using a methodology deemed appropriate b y the agencies. Based on manufacturer input, a method for calculating anal yt ically

derived carbon dioxide (ADCO 2 ) i s specified in § 1037.104 of this rule. 305 At a manufacturer’s request, EPA may approve analy

tical methods alternate to the method described in this rule if said alternate methods are deemed to be more accurate than the anal yt ical method described in this r ule . (b ) Heavy - duty Engines Heav y - dut y engine certification and compliance for traditional criteria pollutants has been established by

EPA in its current general form since 1985 . In developing a program to address GHG pollutants, it is important to build upon the infrastructure for certification and compliance that exists today . At the same time, it is necessary to develop additional tools to address compliance with GHG emissions requirements, since the final standard reflect control strategies that extend beyond those of traditional criteria pollutants. In so doing, the agencies are finalizing use of EPA’s current engine test based strategy

– currentl y used for criteria pollutant compliance - - to also measure compliance for GHG emissions. The agencies are also finalizing to add new strategies to address vehicle specific designs and hardware which impact GHG emissions. The traditional engine approach would largel y match the existing criteria pollutant control strategy . This would allow the basic tools for certification and compliance, which have already been developed and implemented, to be expanded for carbon dioxide, methane, and nitrous

305 Memorandum from Don Kopinski, U.S. EPA to docket EPA - HQ - OAR - 2010 - 0162 , July 7, 2011.***** E.O. 12866 Review**
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321 of 971 oxide. Engines with similar emissions control techno logy may be certified in engine families, as with criteria pollutants. For EPA, the final approach for certification will follow the current process, which requires manufacturer submission of certification applications, approval of the application, and r eceipt of the certificate of conformity prior to introduction into commerce of an y engines. EPA proposed the certificate of conformit y be a single document that would be applicable for both criteria pollutants and greenhouse gas pollutants. For NHTSA, a manufacturer must submit certification applications with equivalent fuel consumption information. NHTSA will assess compliance with its fuel consumption standards based on the results of the EPA GHG emissions compliance process for each engine family . (c) Class 7 and 8 Combination Tractors and Class 2b - 8 Vocational Vehicles Currently , except for HD pickups and vans, EPA does not directl y regulate exhaust emissions from heav y - dut y vehicles as a complete entity . Instead, a compliance assessment of the engine is undertaken as described above. Vehicle manufacturers installing certified engines are required to do so in a manner that maintains all functionality

of the emission control sy stem. While no process exists for certifying these heav y - dut y vehicles, the agencies believe that a process similar to the one we proposed to use for heav y - dut y engines can be applied to the vehicles. The agencies are finalizing related certification programs for heav y - dut y vehicles. Manufacturers will divide their vehicles int o families and submit applications to each agency

for certification for each family . However, the demonstration of compliance will not require emission testing of the complete vehicle, but will instead involve a computer simulation model, GEM. This model ing tool uses a combination of manufacturer - specified and agency - defined vehicle parameters to estimate vehicle emissions and fuel consumption. This model is then exercised over certain drive cycles. EPA and NHTSA are finalizing the duty cycles over which Class 7 and 8 combination tractors would be exercised to be: 65 mile per hour steady state cruise cycle, the 55 mile per hour stead y state cruise cycle, and the California ARB transient cycle. Additional details regarding these duty cycles will be addre ssed in Section V.D(1)(b) below. Over each dut y c yc le, the simulation tool will return the expected CO 2 emissions, in g/ton mile, and fuel consumption, gal/1,000 ton - mile, which would then be compared to the standards. 

### B. **Heavy -**  **duty Pickup Trucks and Vans (1)**  **Co mpliance**  **Approach** EPA and NHTSA are finalizing, largel y as proposed, new emission standards to control greenhouse gases (GHGs) and reduce fuel consumption from heav y - duty vehicles with gross vehicle weight rating between 8,500 and 14,000 pounds that are no t already covered under the MY 2012 - 2016 medium - duty passenger vehicle standards. In this section “trucks” refers to heav y - dut y pickup trucks and vans between 8,500 and 14,000 pounds not alread y covered under the light - dut y rule.***** E.O. 12866 Review**
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322 of 971 First, EPA is finalizin g fleet average emission standards for CO 2 on a gram per mile (g/mile) basis and NHTSA is finalizing fuel consumption standards on a gal/100 mile basis that would apply to a manufacturer’s fleet of heavy - duty trucks and vans with a GVWR from 8,500 pounds to14,000 pounds (Class 2b and 3). CO 2 is the primary pollutant resulting from the combustion of vehicular fuels , and the amount of CO 2 emitted is highly

correlated to the amount of fuel consumed . In addition, the EPA is finalizing separate emissions standards for three other GHG pollutants: CH 4 , N 2 O, and HFC. CH 4 and N 2 O emissions relate closel y to the design and efficient use of emission control hardware (i.e., cataly tic converter s ). The standards for CH 4 and N 2 O would be set as caps that would limit emissions increases and prevent backsliding from current emission levels. In lieu of meeting the caps, EPA is allowing manufacturers the option of offsetting an y N 2 O emissions or any CH 4 emissions above the cap by taking steps to further reduce CO 2 . Separatel y, EPA is finalizing to set standards to control the leakage of HFCs from air conditioning s ys tems. Previously , complete vehicles with a Gross Vehicle Weight Rating of 8,500 - 14,000 pounds could be certified according to 40 CFR part 86, subpart S. These heavy duty chassis certified vehicles were required to pass emissions on both the Light - dut y FTP and HFET (California requirement) 306 . These rules will use the same testing procedures already required for heav y - dut y chassis certification, namely the L ight - dut y FTP and the HFET. Using the data from these two tests, EPA and NHTSA will compare the CO 2 emissions and fuel consumption results against the attribute - based target. The attribute upon which the CO 2 standard is based is a function of vehicl e payload, vehicle towing capacit y and two - wheel versus four - wheel drive configuration. The attribute based standard targets will be used to determine a manufacturer fleet standard. As discussed in section IV above, manufacturers may use the ABT program and other flexibilities in achieving and demonstrating compliance. These rules will generally require complete HD pickups and vans to have CO 2 , CH 4 and N 2 O values assigned to them, either from actual chassis dynamometer testing or from the results of a representative vehicle in the test group with appropriate adjustments made for differences. Manufacturers will be allowed to exclude vehicles they sell to secondary manufacturers as incomplete vehicles, unless these vehicles are chassis certified for criteria (non - GHG) pollutants. To the extent manufacturers are allowed to engine - or chassis - certify for criteria pollutant requirements today , they will be allowed to continue to do so under the final regulations. See subsection V.B(1)(e) for discussion of sp ecial provisions for chassis - certification to GHG and fuel consumption standards. Because this program for heav y - dut y pickup trucks and vans is so similar to the program recentl y adopted for light - dut y trucks and codified in 40 CFR part 86, subpart S, EPA will apply

most of those subpart S regulatory provisions to heavy - duty pickup trucks and vans and not recodify them in the new part 1037. Most of the new part 1037 thus would not apply

for heav y - dut y pickup trucks and vans. How 40 CFR part 86 applies, an d which provisions of the new 40 CFR part 1037 appl y for heavy - dut y pickup

306 Diesel engines are engine - certified with the option to chassis certification Federally and for California***** E.O. 12866 Review**
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323 of 971 trucks and vans is described in §1037.104. Similarly NHTSA’s requirements for these vehicles in Part 535.6(a) are based on 40 CFR part 86. (a ) Certification Process CAA section 203(a)(1) prohibits manufacturers from introducing a new motor vehicle into commerce unless the vehicle is covered by an EPA - issued certificate of conformity . Section 206(a)(1) of the CAA describe s the requirements for EPA issuance of a certif icate of conformity , based on a demonstration of compliance with the emission stan dards established b y EPA under s ection 202 of the Act. The c ertification demonstration requires emission testing , and certification is required for each model ye ar. 307 Under existing heav y - duty chassis certification and other EPA emission standard programs , vehicle manufacturers certify a group of vehicles called a test group. A test group ty pically includes multiple vehicle car lines and model ty pes that share critical emis sions - related features. 308 EPA requires the manufacturer to make a good faith demonstration in the certification application that vehicles in the test group will both 1) comply throughout their useful life with in the e missions bin assigned, and 2) contribute to fleetwide compliance with the applicable emissions standards when the ye ar is over. EPA issues a certificate for the vehicles included in the test group based on this demonstration, and include s a condition in the certificate that if the manufacturer does not comply with the fleet average , then production vehicles from that test group will be treated as not covered by the certificate to the extent needed to bring the manufacturer’s fleet average into compliance with the applicable standards . Th e cert ification process often occurs sev eral months prior to production and manufacturer testing may occur months before the certificate is issued. The certification process for the existing heav y - dut y chassis program is an efficient way for manufacturers to conduct the needed testing well in advance of certification, and to receive certificates in a time frame which allow s for the orderl y production of vehicles. The use of condi tions on the certificate has bee n an effective way to ensure that manufacturers comply throughout their useful life and meet fleet standards when the model year is complete and the accounting for the individual model sales is performed . EPA has also adopted this approach as part of its light - dut y vehicle GHG compliance program. Th e s e rule s will similarly condition each certificate of conformity for the GHG program upon a manufacturer’s good faith demonstration of compliance with the manufacturer’s fleetwide average CO 2 standard. The fol lowing discussion explains how the agencies will integrate this new vehicle certification program into the existing certification program.

307 CAA Section 206(a)(1). 308 The specific test group criteria are described in 40 CFR 86.1827 - 01, car lines and model types have the meaning given in 40 CFR 86.1803 - 01.***** E.O. 12866 Review**
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324 of 971 An integrated approach with NHTSA has been undertaken to allow manufacturers a single point of entry

to address certi fication and compliance. Vehicle manufacturers will initiate the formal certification process with their submission of application for a certificate of conformity

to EPA, similar to the light - duty program. (b ) Certification Test Groups and Test Vehicle Selection For heav y - dut y chassis certification to the criteria emission standards, manufacturers currentl y, as mentioned above, divide their fleet into "test groups" for certification purposes. The test group is EPA ’ s unit of cer tification; one certificate is i ssued per test group / evaporative famil y combination . These groupings cover vehicles with similar emission control sy stem designs expected to have similar emissions performance (see 40 CFR 86.1827 - 01) . The factors considered for determining test groups i nclude Gross Vehicle Weight, combustion cycle, engine ty pe, engine displacement, number of cylinders and cylinder arrangement, fuel ty pe, fuel metering sy stem, catal ys t construction and precious metal composition, among others. Vehicles having these features in common are generall y placed in the same test group. 309 This program will retain the current test group structure for heavy - duty pickups and vans in the certification requirements for CO 2 and fuel consumption . At the time of certification, manufacturers will use the CO 2 emission level from the Emission Data Vehicle as a surrogate to represent all of the models in the test group. However, following certification further testing will generally be allowed for comp liance with the fleet average CO 2 and fuel consumption standards as described below. EPA’s issuance of a certificate will be conditioned upon the manufacturer’s subsequent model level testing and attainment of the actual fleet average, much like light - dut y CAFE and GHG compliance requires. Under the current program, complete heav y - duty Otto - cycle vehicles under 14,000 pounds Gross Vehicle Weight Rating are required to chassis certify (s ee 40 CFR 86.1801 - 01(a)). The current program allows complete heav y - d ut y diesel vehicles under 14,000 pounds GVWR to optionally chassis certify (s ee 40 CFR 86.1863 - 07(a)). The new regulations we are adopting will not change these existing EPA certification options for complete (or incomplete) HD vehicles. EPA recognizes th at the existing heavy - dut y chassis test group criteria do not necessaril y relate to CO 2 emission levels. See 75 FR 25472 (addressing the same issue for light - duty vehicles). For instance, while some of the criteria, such as combustion cycle, engine t ype and displacement, and fuel metering, may have a relationship to CO 2 emissions, others, such as those pertaining to the some exhaust aftertreatment features , may not. In fact, there are many vehicle design factors that impact CO 2 generation and emissions but are not major factors includ ed in EPA ’ s test group criteria. 310 Most important among these may be vehicle weight, horsepower, aerod ynamics, vehicle size, and performance features. To remed y this, EPA will allow manufacturers provisions that are similar to the light - duty vehicle rule that would yi eld more accurate CO 2 estimates than only using the test group emission data vehicle CO 2 emissions. 309 EPA provides for other groupings in certain circumstances, and can establish its own test groups in cases where the c riteria do not apply. See 40 CFR 86.1827 - 01(b), (c) and (d). 310 EPA noted this potential lack of connection between fuel economy testing and testing for emissions standard purposes when it first adopted fuel economy test procedures. See 41 FR 38677, Sept. 10, 1976.***** E.O. 12866 Review**
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325 of 971 EPA believes that the current test group concept is appropriate for N 2 O and CH 4 because the technologies that would be employ ed to control N 2 O and CH 4 emissions may generall y be the same as those used to co ntrol the criteria pollutants. However, manufacturers will determine if this approach is adequate method for N 2 O and CH 4 emissions compliance or if testing on additional vehicles is required to ensure their entire fleet meets applicable standards. As just discussed, the “worst case” vehicle a manufacturer selects as the Emissions Data Vehicle to represent a test group under the existing regulations (40 CFR 86. 1828 - 01) may not have the highest levels of CO 2 in that group. For instance, there may be a heavier, more powerful configuration that would have higher CO 2 , but may , due to the way

the catal yt ic converter has been matched to the engine, actually have lowe r NO X , CO, PM or HC emissions . Therefore, EPA is allowing the use of a single Emission Data Vehicle to represent the test group for both criteria pollutant and CO 2 certification. The manufacturer will be allowed to initially apply the Emission Data Vehicle’s CO 2 emissions value to all models in the test group, even if other models in the test group are expected to have higher CO 2 emissions. However, as a condition o f the certificate, this surrogate CO 2 emissions value will generally be replaced with actual, model - level CO 2 values based on results from additional testing that occurs later in the model y ear much like the light - dut y CAFE program, or through the use of a pproved methods for anal yt ically

derived fuel econom y. This model level data will become the official certification test results (as per the conditioned certificate) and will be used to determine compliance with the fleet average. If the test vehicle is i n fact the worst case CO 2 vehicle for the test group, the manufacturer may elect to apply

the Emission Data Vehicle emission levels to all models in the test group for purposes of calculating fleet average emissions. Manufacturers may be unlikely

to make this choice, because doing so would ignore the emissions performance of vehicle models in their fleet with lower CO 2 emissions and would unnecessarily inflate their CO 2 fleet average. Testing at the model level, in order to better represent the improved pe rformance of vehicles within a test group other than the Emission Data Vehicle, will necessarily increase testing burden beyond the minimum EDV testing. As explained in earlier Sections, there are two standards that the manufacturer will be subject to, the fleet average standard and the in - use standard for the useful life of the vehicle. Compliance with the fleet average standard is based on production weighted averaging of the test data that applies for each model. To address commenter concerns regardi ng test variability

due to facility

and build variation for each model, the in - use and SEA standards are set at 10 percent higher than the level used for that model in calculating the fleet average. The certificate covers both of the fleet and in - use stan dards, and the manufacturer has to demonstrate compliance with both of these standards for purposes of receiving a certificate of conformity . The certification process for the in - use standard is discussed above.***** E.O. 12866 Review**
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326 of 971 (c) Demonstrating compliance (i ) CO2 and Fuel Consumption Fleet Standards As noted, attribute - based CO 2 and fuel consumption standards result in each manufacturer having fleet average CO 2 and fuel consumption standards unique to its heav y - dut y truck fleet of GVWR between 8,500 - 14,000 pound s and that standard will be separate from the stand ard for passenger cars, light - trucks , and other heav y - duty trucks. The standards depend on those attributes corresponding to the relative capability , or “work factor”, of the vehicle models produced by that manufacturer. The final attributes used to determine the stringency of the CO 2 and fuel consumption standards are payload and towing capacity

as described in Section II. . Generally , fleets with a mix of vehicles with increased payloads or greater towing capacity (or utilizing four wheel drive configurations ) w ill face numericall y less stringent standards (i.e., higher CO 2 grams/mile standards or fuel consumption gallons/100 miles standards ) than fleets consisting of less powerful vehicles. (Howev er, the standards will be expected to be equally challenging and achieve similar percent reductions.) Although a manufacturer’s fleet average standard could be estimated throughout the model year based on projected production volume of its vehicle fleet, the final compliance values w ill be based on the final model ye ar production figures. A manufacturer’s calculation of fleet average emissions and fuel consumption at the end of the model year w ill be based on the production - weighted average emissions and fuel consumption of each model in its fleet. The payload and towing capacit y inputs used to determine manufacturer compliance will be the advertised values. The agencies will use the same general vehicle category definitions that are used in the current E PA HD chassis certification ( See 40 CFR 86.1816 - 05). The new vehicle category definitions differ slightly from the EPA definitions for Heavy - duty Vehicle definitions for the existing program, as well as other EPA vehicle programs. Mainly , manufacturers w ill be able to test, and possibly model, more configurations of vehicles than were historically

possible. The existing criteria pollutant program requires the worst case configuration be tested for emissions certification. For HD chassis certification, this usually meant onl y testing the vehicle with the highest ALVW, road - load, and engine displacement within a given test group. This worst case configuration may only represent a small fraction of the test group production volume. By testing the worst ca se, albeit possibly small volume, vehicle configuration, the EPA had a reasonable expectation that all represented vehicles would pass the given emissions standards. Since CO 2 standards are a fleet standard based on a combination of sales volume and work factor (i.e., payload and towing capabilit y) , it may be in a manufacturer ’ s best interest to test multiple configurations within a given test group to more accurately estimate the fleet average CO 2 emission levels and not accept the worst case vehicle test results as representative of all models. Additionally , vehicle models for which a manufacturer desires to use anal yt ically

derived fuel econom y (ADFE) to estimate CO 2 emission levels may need addit ional actual test data for vehicle models of similar but not identical configurations. The agencies are allowing the use of ADFE similar to that allowed for light - duty vehicles in 40 CFR 600.006 - 08(e). Some commenters, including the American Automotive P olicy Council, were concerned that adopting the light - dut y ADFE program with its***** E.O. 12866 Review**
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327 of 971 current minimum test requirements would unduly increase testing burden. In addition to concerns over implementing the light - duty ADFE program for heavy - duty GHG compliance, c ommenters noted the need to develop a new HD ADFE methodology that addressed unique HD concerns. EPA and NHTSA have continued to work with stakeholders to address the above concerns with using a modified LD ADFE program. To address these concerns, the ag encies will expand the allowed use of ADFE beyond that which is allowed in the LD program. Since ADFE equations are not final at the time of this action , updates to the HD ADFE program will be made through guidance or future rulemaking. The GHG and fuel econom y rulemaking for light - dut y vehicles adopted a carbon balance methodology used historically to determine fuel consumption for the light - duty labeling and CAFE p rograms, whereby the carbon - related combustion products HC and CO are included on an adjus ted basis in the compliance calculations, along with CO 2 . The resulting carbon - related exhaust emissions (CREE) of each test vehicle are calculated and it is this value, rather than simply CO 2 emissions, that is used in compliance determinations. The dif ference between the CREE and CO 2 is ty picall y very small. See generally

75 FR at 25472. NHTSA and EPA are not adopting the CREE methodology for HD pickups and vans, and so will not adjust CO 2 emissions to further account for additional HC and CO. The bas is of the CREE methodology in historical labeling and CAFE programs is not relevant to HD pickups and vans, because these historical programs do not exist for HD vehicles. Furthermore, test data used in this rulemaking for standards - setting has not been a djusted for this effect, and so it would create an inconsistency , albeit a small one, to apply it for compliance with the numerical standards we are finalizing. Finally , it would add complexity

to the program with little real world benefit. (ii) CO2 In - Use S

tandards and Testing Section 20 2(a)(1) of the CAA requires emission standards to appl y to vehicles throughout their statutory useful life . Section II discusses in - use standards. Currently , EPA regulations require manufacturers to conduct in - use testing as a condition of certification for heav y - dut y trucks between 8,500 and 14,000 gross vehicle weight that are chassis certified. The vehicles are tested to determine the in - use levels of criteria pollutants when they are in their first and third years of ser vice. This testing is referred to as the In - Use Verification Program , which was first implemented as part of EPA’s CAP 2000 certification program (s ee 64 FR 23906, May 4, 1999 ) . An in - use program was already set forth in the light - duty 2012 - 2016 MY vehicle rule similar to the heav y - duty pickups and vans . The In - Use Verification Program for heav y - dut y pickups and vans will follow the same general provisions of the light - dut y program in regard to testing, vehicle selection, and reporting. See 75 FR 25474 - 25476. (d ) Special Provisions for Chassis Certification We proposed to include most cab - chassis Class 2b and 3 vehicles (vehicles sold as incomplete vehicles with the cab substantially in place but without the primary load carryi ng enclosure) in the complete HD pickup and van program. Because their numbers***** E.O. 12866 Review**
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328 of 971 are relativel y small, and to reduce the testing and compliance tracking burden to manufacturers, we proposed to treat these vehicles as equivalent to the complete van or truck product from which they are derived. The manufacturer would determine which complete vehicle configuration it produces most closely matches the cab - chassis product leaving its facility , and would include each of these cab - chassis vehicles in the fleet averaging calculation s as though it were identical to the corresponding complete “sister” vehicle. See 75 FR at 74263. Commenters opposed this proposed requirement for a number of reasons: (1) it would have the unintended consequence of dual certification for some of these ve hicles

— engine certification for criteria pollutants and vehicle certification for GHGs, and vice versa for some other vehicles, (2) it would be of modest benefit because most of these cab - chassis vehicles would receive the desired aerody namic and other non - engine improvements even without chassis certification, in virtue of their derivation from complete vehicles, and (3) a readily - identifiable sister vehicle may not exist in every case. Based on the comments, the agencies have re - evaluated the proposed ap proach for cab - chassis certification and are restructuring our compliance approach to provide significantl y more flexibility while still ensuring comparable or better GHG and fuel consumption performance overall. We are not requiring that cab - chassis vehi cles be chassis - certified, but are retaining chassis - certification for them as an option using the proposed sister vehicle concept. We are instead requiring that vehicles that are chassis - certified for criteria pollutants be chassis - certified for GHGs and fuel consumption, and likewise that vehicles with engines certified for criteria pollutants (which in this case would be engines installed in vocational vehicles exclusively) be certified to the vocational vehicle standards for GHGs and fuel consumption, with minor exceptions detailed below. We believe that this approach involving consistent chassis - and engine - certification for criteria pollutants and GHG’s is the most sensible way to structure a program to minimize both the testing burden and the potent ial for gaming. We are allowing use of the sister vehicle concept for incomplete vehicle certification to include the selection of sister vehicles not actually produced for sale by the certifying manufacturer. For the great majority of vehicles this will not be an issue because the sister vehicle will obviously be the complete pickup truck or van from which the cab - chassis vehicle is derived. However if the complete sister vehicle ceases production but the corresponding incomplete vehicle does not, a manu facturer may continue to use the sister vehicle emissions data through the carryover process that is alread y practiced today . If carryover is not appropriate because of, for example, an emissions - impacting recalibration of the engine, the manufacturer may conduct new emissions testing using the coastdown data collected on the original sister vehicle. This would still save substantial effort without sacrificing data quality because coastdowns are rather resource - intensive but are not much affected by engin e changes. Another potentially

inappropriate situation would exist where no sister vehicle exists because the manufacturer does not sell a related complete vehicle. In this case , the manufacturer may coastdown a mocked - up vehicle made from its incomplete vehicle and an added open or***** E.O. 12866 Review**
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329 of 971 closed cargo box that simulates a complete van or pickup truck, or may coastdown one of its customers ’ completed vehicles. EPA and NHTSA requested comment on whether Class 4 vehicles that are very similar to complete Class 3 p ickup truck models should be chassis - certified and regulated as part of the HD pickup and van category , instead of as vocational vehicles. Commenters argued convincingl y that there are a number of important differences between the Class 4 and Class 3 truc ks that make such regulation inappropriate as a general matter . As a result, we are keeping Class 4 trucks in the vocational vehicle category . However, we are adding an optional provision that allows manufacturers to certify Class 4 or 5 (14,001 to 19,50 0 lb GVWR) complete or incomplete vehicles to GHG and fuel consumption standards, in the same way as Class 2b and 3 vehicles , and thus be included within the Class 2b/3 fleet average. The engines in these vehicles will continue to be engine - certified for criteria pollutants, but the manufacturers could include the vehicles in their fleet average standard and annual compliance calculations, using the same certification and compliance provisions as for the smaller vehicles, including the equations for determ ining work factors and target standards, in - use requirements, reporting requirements, credit generation and use, and sister vehicle provisions for incomplete vehicles. Such vehicles would not be required to meet the vocational vehicle standards. Because sales volumes of Class 4 and 5 trucks are relativel y small, and because we expect these Class 4 and 5 and Class 2b and 3 trucks to generally use the same technologies and face roughl y the same technology challenge in meeting their standards targets, we do not believe that this provision will dilute the stringency of the fleet average standards. Any in - use testing of vehicles that are chassis - certified using the sister vehicle provisions would involve loading of the tested vehicle to a total weight equal to the ALVW of the corresponding complete vehicle configuration. If the secondary manufacturer had altered or replaced an y vehicle components in a way that would substantially

affect CO 2 emissions from the tested vehicle (e.g., axle ratio has been changed fo r a special purpose vehicle), the vehicle manufacturer could request that EPA not test the vehicle or invalidate a test result. Secondary (finisher) manufacturers who finish incomplete vehicles certified using the sister vehicle provisions would not be subject to requirements under these regulations, other than to compl y with anti - tampering regulations. However, if they modify vehicle components in such a way that GHG emissions and fuel consumption are substantially affected, they

become manufacturers sub ject to the standards we are establishing in these rules. Finally , we are adopting a related special provision involving chassis - certification aimed at simplifying compliance for manufacturers of complete HD pickups and vans which also sell a relatively s mall number of engines that are designed for other manufacturers’ heav y duty pickups and vans

– normally referred to as a ‘loose’ engine. . Today these loose engines must be engine - certified for criteria pollutants, even though most of the vehicles that use the engines are chassis - certified. Our new provision does not change this, but it does provide manufacturers with an option to focus their energy on improving the GHG and fuel consumption performance of their complete vehicle***** E.O. 12866 Review**
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330 of 971 products (including, mos t likely , significant engine improvements), rather than on concurrently

calibrating for both vehicle and engine test compliance. These loose engines would not be certified to engine - based GHG and fuel consumption standards, but instead would be treated as though they were additional sales of the manufacturer’s complete pickup and van products, on a one - for - one basis. The pickup/van vehicle so chosen must be the vehicle with the highest ETW that uses the engine (as this vehicle is likely to have the highest GHG emissions and fuel consumption). However, if this vehicle is a credit - generator under the HD pickup and van fleet averaging program, no credits would be generated b y these engine - as - vehicle contributors to the fleet average; they would be treated as just achieving the target standard. If, on the other, the vehicle is a credit - user, the appropriate number of additional credits would be needed to offset the engine - as - vehicle contributors. The purchaser of the engine would treat it as an y other certifi ed engine, and would still need to meet applicable vocational vehicle standards for the vehicles in which the engine is installed. Because it is our intent that this loose engine provision simplify compliance for HD pickup/van manufacturers who sell a re latively small number of engines for other manufacturers’ applications, we are limiting its use to 10% of the total engines (15,000 maximum) of the same design that a manufacturer produces in each model year for U.S. - directed heav y - dut y application -- inclu ding complete vehicles, incomplete vehicles, and the loose engines themselves. We are further limiting both this provision and the above described provision for chassis certification of Class 4/5 vehicles to spark - ignition (gasoline) engines, because we b elieve that the HD diesel engine business is more focused on designing for and marketing into a wide variet y of vehicles products, instead of into the engine manufacturer’s own chassis - certified vehicle products with a small loose engine business on the si de, as is common for HD gasoline engines. This dy namic is also reflected in the existing provision for criteria pollutants allowing complete HD vehicles to use certified diesel engines but not certified gasoline engines. Together these provisions provide a robust approach to regulating these vehicles and engines. Although these certification options are not as straightforward as the certification provisions for complete Class 2b/3 pickups and vans, they are technicall y appropriate (for the reasons explain ed above) and should accomplish more improvement in GHG and fuel consumption performance than simply appl yi ng the vocational vehicle and engine standards,. **(2) Labeling Provisions**  HD pickups and vans currently have vehicle emission control information labe ls showing compliance with criteria pollutant standards, similar to emission control information labels for engines. As with engines, we believe this label is sufficient.***** E.O. 12866 Review**
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331 of 971 **(3) Other Certification Issues**  (a ) Carryover Certification Test Data EPA’s final certification program for vehicles allows manufacturers to carry certification test data over from one model ye ar to the next, when no significant changes to models are made. EPA will also apply this policy

to CO 2 , N 2 O and CH 4 certification tes t data. (b ) Compliance Fees The CAA allows EPA to collect fees to cover the costs of issuing certificates of conformity

for the classes of vehicles and engines covered by this rulemaking. On May 11, 2004, EPA updated its fees regulation based on a study of th e costs associated with its motor vehicle and engine compliance program (69 FR 51402). At the time that cost study was conducted the current rulemaking was not considered. At this time the extent of any added costs to EPA as a result of this rulemaking is not known. EPA will assess its compliance testing and other activities associated with the program and may

amend its fees regulations in the future to include any justif i able new costs. **(4) Compliance Reports**  **(a) Pre -**  **Model Year Report** In the NPRM, EPA and NHTSA proposed that manufacturers must submit earl y model year compliance reports demonstrating how their entire fleets of heavy - duty pickup trucks and vans would comply with GHG emissions and fuel consumption standards. The agencies understood that earl y model ye ar reports would contain estimates that may

change over the course of a model year and that compliance information manufactures submit prior to the beginning of a new model ye ar may not represent the final compliance outcome. The agencies viewed the necessity for requiring earl y model reports as a manufacturer’s good faith projection for demonstrating compliance with emission and fuel consumption standards. The preamble language indicated that the compliance reports would be submitted prior to th e beginning of the model year and prior to the certification of an y test group. Preferabl y, a manufacturer would submit its reports during its annual certification preview meeting. Precertification preview meetings are t yp ically held with a manufacturer before the earliest date that the model year can begin which is January 2 nd of the calendar ye ar prior to the model y ear. Manufacturers voluntarily choose to participate in precertification compliance meetings but meetings are not required by EPA and NHTS A regulations. M anufacturer s opt to participate in precertification meeting s because of the advantage it gives to exploring with the agencies an y possible compliance problems that may arise prior to seeking approval for certificates of conformit y. T he NP RM preamble text d id not specify an exact date for manufacturers to submit earl y compliance reports to the agency. NHTSA attempted to adopt requirements in its regulatory text for manufactures to submit their earl y compliance reports no later than the end of December two years prior to the model***** E.O. 12866 Review**
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332 of 971 ye ar. NHTSA also proposed for manufacturers to provide compliance information for the current model y ear and to the extent possible two years into the future . NHTSA chose its submission deadline and model y ears f or reporting based upon the same dates required b y EPA in its CAFE provisions for light - duty pickups and vans beginning in model year 2012. The NPRM included requirements for manufacturers to submit earl y model ye ar compliance reports separately to each agency

based upon limitations existing in the statutory authorities prescribed under EISA and CAA and the long - standing precedent set in the LD CAFE programs for receiving reports. The EPA report, called the pre - model ye ar report, and NHTSA report, called the pre - certification compliance report, were proposed to include an estimate of the manufacturer’s attribute - based standards, along with a demonstration of compliance with the standards based on projected model - level and fleet CO 2 emissions and fuel cons umption results, and were to include an estimate of the manufacturer’s production volumes. The NPRM also included a proposal for submitting a credit plan for manufacturers seeking to take advantage of credit flexibilities and a credit deficit plan for manufacturers planning to accrue deficits during the model ye ars. Additionall y, NHTSA attempted to reduce the burden on manufacturers b y allowing them to submit copies of EPA’s proposed pre - model year reports or applications for certifications of conformity , as a substitute to its own compliance report, so long as EPA’s reports were submitted with equivalent fuel consumption information. Ineither case, NHTSA reserved the right to a sk manufacturer s to provide additional information if necessary to verify its fuel consumption requirements under this program . EPA and NHTSA also proposed to review the compliance reports for technical viability and to conduct a certification preview discussion with the manufacturer. It was further proposed that the EPA Administrator would have to approve a manufacturer’s pre - model year report before it would consider issuing an y certificate of compliance for the manufacturer. Comments were received to the NPRM from EMA and TMA strongl y opposing providing separate reports to EP A and NHTSA and requested that the agencies implement a single uniform reporting template that could be submitted to both agencies simultaneously . DTNA requested that NHTSA eliminate its pre - certification compliance report, arguing that report was overl y burdensome. For the final rule s , the agencies have decided to require manufacturers to submit a single report, hereafter referenced as the pre - model year report, to satisfy both agencies requirements for receiving compliance reports in advance of the mod el year. The agencies considered the commenters’ requests and determined that the benefit gained b y receiving separate or distinct compliance reports would not outweigh the burden placed on manufacturers in reporting. Therefore, the final rule s establish a harmonized approach by which manufacturers will submit a single report through the EPA database sy stem as the single point of entry

for all information required for this national program and both agencies will have access to the information . If b y mode l year 2012, the agencies are not prepared to receive information through the EPA database s ys tem, manufacturers are expected to submit written reports to the agencies. EPA and NHTSA have determined that requiring manufacturers to submit a joint pre - model ye ar report for their combined***** E.O. 12866 Review**
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333 of 971 fleet of heav y - dut y pickup trucks containing both emissions and equivalent fuel consumption information falls within each agencies’ statutory authority . The final rule s require a manufacturer to submit the joint pre - model year report as earl y as the date of the manufacturer’s annual certification preview meeting, or prior to the manufacturer submitting its first application for a certificate for the given model year . Consequently , a manufacturer choosing to comply in model ye ar 2014 could submit its pre - model year report during its precertification meeting , which could occur before January 2, 2013 . Alternatel y, the manufacturer could provide its pre - model year report an y time prior to submitting its first application . Inei ther case, a manufacturer would not be able to certify any of its test groups until the EPA Administrator approves its pre - model year report. NHTSA will use the pre - model year report as preliminary model year data. The agencies are adopt ing similar requ irements for the pre - model year reports as proposed. As mention ed , the agencies proposed that reports would include an estimate of the manufacturer’s attribute - based standards, expected testing results and estimated production v olumes. The agencies agree that this information is essential for tracking compliance of manufacturers and is therefore adopted for the final rule s . T he final rule s require manufacturers to identify an y vehicle exclusions and other flexibilities afford ed for heav y - dut y pickup s and vans. The summary of the required information for each pre model year report is as follows:

 A list of each unique vehicle configuration included in the manufacturer’s fleet describing the make and model designations, attribute based - values (GVWR, GCWR, Curb Weight and drive configurations) and standards.  The emission and fuel consumption fleet average standard derived from the unique vehicle configurations ;  The estimated vehicle configuration, test group and fleet production volumes;  The e xpected emissions and fuel consumption test group results and fleet average performance ;  A statement declaring whether the manufacturer chooses to comply earl y in MY 2013 for EPA and NHTSA. The manufacturers must acknowledg e that once selected, the dec ision cannot be reversed and the manufacturer will continue to comply

with the fuel consumption standards for subsequent model y ears;  A statement declaring whether the manufacturer will use fixed or increasing standards; acknowledging that once selected, the decision cannot be reversed and the manufacturer must continue to comply with the same alternative for subsequent model years;  A statement declaring whether the manufacturer chooses to comply voluntarily

with NHTSA’s fuel consumption standards for model ye ars 201 4 through 2015 . The manufacturers must acknowledg e that once selected, the decision cannot be reversed and the manufacturer will***** E.O. 12866 Review**
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334 of 971 continue to comply

with the fuel consumption standards for subsequent model years;  The list of Class 2b - 3 cab - comple te vehicles and the method use to certify , as vocational vehicles and engines, or as complete pickups and vans identifying the most similar complete vehicles used to derive the target standards and performance test results;  The list of Class 2b - 3 incomplet e vehicles and the method use to certify , as vocational vehicles and engines, or as complete pickups and vans identifying the most similar complete vehicles used to derive the target standards and performance test results;  The list of Class 4 and 5 incompl ete and complete vehicles and the method use to certify , as vocational vehicles and engines, or as complete pickups and vans identifying the most similar complete vehicles used to derive the target standards and performance test results;  List of loose engi nes included in the heav y - dut y pickup and van category and the list of vehicles used to derive target standards.  Copy of an y notices a vehicle manufacturer sends to the engine manufacturer to notify

the engine manufacturers that their engines are subject to emissions and fuel consumption standards and that it intends to use their engines in excluded vehicles; and  A credit plan identifying the manufacturers estimated credit balances, planned credit flexibilities (i.e., credit balances, planned credit trading, innovative, advanced and earl y credits and etc.) and if needed a credit deficit plan demonstrating how it plans to resolve any credit deficits that might occur for a model year within a period of up to three model years after that deficit has occurred . **(b) Final Reports** The NPRM proposed for manufacturers participating in the ABT program to provide two ty

pes of y ear end reports; end - of - the - ye ar (EOY) reports and final reports. The EOY reports for the ABT pro gram were required to be submitted by manufacturers no later than 90 day s after the calendar ye ar and final report no later than 270 day s after the calendar ye ar. 311 Manufacturers not participating in the ABT program were required to provide an EOY report w ithin 45 day s after the calendar year but no final reports were required. The submission deadline of the final ABT report was established to coincid e with EPA’s existing criteria pollutant report for heavy - duty engines. The EOY report is used by the agencies to review a manufacturer’s preliminary final estimates and to identify manufacturers that might have a credit deficit for the given model year. Manufacturer s with a credit surplus at the end of each model ye ar could submit a request to the agenci es to receive a waiver from providing EOY reports. As proposed, the 311 Corresponding to the compliance model year***** E.O. 12866 Review**
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335 of 971 remaining manufacturers were required to submit reports to EPA and send copies of those reports to NHTSA with equivalent fuel consumption values. Manufacturers requesting to exempt vehic les in accordance with the agencies’ off - road vehicle exemption were required to a submit EOY reports to the agencies identifying the vehicle applicable to each report within 90 day s after the model y ear ended. Comments in response to the NPRM did not op pose providing EOY reports to the agencies but instead requested that they be allowed to consolidate the various EOY reports into one single submission to the agencies . Upon consideration of commenters ’ requests, the agencies agree that only one consolid ated EOY report should be submitted in place of the separate reports proposed in the NPRM. The consolidated EOY report should include the combination of all the required information that is applicable to a manufacturer’s fleet. T he agencies also agree to allow manufacturers to no longer provide separate EOY reports to each agency independentl y but rather to submit the single report through the EPA database system as the single point of entry

for all information required for this national program . The cons olidated EOY report is required to contain both GHG emissions and fuel consumption information. EPA will provide access to the information for both agencies . Likewise, manufacturers will be required to electronically provide one single final report throu gh the EPA database sy stem. If by model year 2012, the agencies are not prepared to receive information through the EPA database sy stem, manufacturers are expected to submit written reports to the agencies. T he required information for EOY and final repo rts that manufacturers must submit is as follows: A finalized list of each unique vehicle configuration included in the manufacturers fleet describing the designations, attribute based - values (GVWR, GCWR, Curb Weight and drive configurations) and standards .  The final emission and fuel consumption fleet average standard derived

from the unique vehicle configurations;  The final vehicle configuration, test group and fleet production volumes;  The final emissions and fuel consumption test group results and flee t average performance;  The final list of cab - complete vehicles and the method use to certify , as vocational vehicles and engine, or as complete pickups and vans identifying the most similar complete vehicles used to derive the target standards and perfor

mance test results;  A final credit plan identifying the manufacturers estimated credit balances, planned credit flexibilities (i.e., credit balances, planned credit trading, innovative, advanced and earl y credits and etc.) and if needed a credit deficit pl an demonstrating how it plans to resolve any credit deficits that might occur for a model year within a period of up to three model years after that deficit h as occurred;***** E.O. 12866 Review**
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336 of 971  A plan describing the vehicles that were exempted such as for off - road or small busi ness purposes ; and  A plan describing an y alternative fueled vehicles that were produced for the model year identifying the approaches used to determinate compliance and the production volumes . 

### C. **Heavy -**  **Duty Engines**  **(1) Compliance**  **Approach** Section 203 of the CAA requires that all motor vehicles and engines sold in the United States to carry

a certificate of conformity issued by the US EPA. For heavy - dut y engines, the certificate specifies that the engine meets all requirements as set forth in the regulations (40 CFR part 86, subpart N, for criteria pollutants) including the requirement that the engine be compliant with emission standards. This demonstration is completed through emission testing as well as durability testing to determine the level of emissions de terioration throughout the useful life of the engine. In addition to compliance with emission standards, manufacturers are also required to warrant their products against emission defects, and demonstrate that a service network is in place to correct any s uch conditions. The engine manufacturer also bears responsibility in the event that an emission - related recall is necessary . Finally , the engine manufacturer is responsible for tracking and ensuring correct installation of an y emission related components installed by a second part y (i.e., vehicle manufacturer). EPA and NHTSA believe this compliance structure is also valid for administering the final GHG regulations for heav y - duty engines. (a ) Certification Process In order to obtain a certificate of conformity, engine manufacturers must complete a compliance demonstration, normally consisting of test data from relatively new (low hour) engines as well as supporting documentation, showing that their product meets emission standards and other regulatory requirem ents. To account for aging effects, low hour test results are coupled with testing - based deterioration factors (DFs), which provide a ratio (or offset) of end - of - life emissions to low - hour emissions for each pollutant being measured. These factors are th en applied to all subsequent low - hour test data points to predict the emissions behavior at the end of the useful life. For purposes of this compliance demonstration and certification, engines with similar engine hardware and emission characteristics throughout their useful life may be grouped together in engine families, consistent with current criteria - pollutant certification procedures. Examples of such engine characteristics that are normally used to combine emissions families include similar combust ion cycle, aspiration methods, and aftertreatment s ys tems. Under this sy stem, the worst - case engine (“parent rating”) is selected based on having the highest fuel feed per engine stroke, and all emissions testing is completed on this model. All other mod els within the family (“child ratings”) are expected to have emissions at or below the parent model and therefore in compliance***** E.O. 12866 Review**
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337 of 971 with emission standards. Any engine within the family can be subject to selective enforcement audits, in - use, confirmatory , or other compliance testing. We are continuing the use of this approach for the selection of the worst - case engine (“parent rating”) for fuel consumption and GHG emissions as well. As at proposal, e believe this is appropriate because this worst case engine configuration would be expected to have the highest in - use fuel consumption and GHG emissions within the family . See 75 FR at 72264 for further information. We note that lower engine ratings contained within this family would be expected to have a higher fuel consumption rate when measured over the Federal Test Procedures as expressed in terms of fuel consumption per brake horsepower hour. However, this higher fuel consumption rate is misleading in the context of comparing engines within a single engine f amily . This apparent contradiction can be most easily understood in terms of an example. For a ty pical engine famil y a top rating could be 500 horsepower with a number of lower engine ratings down to 400 horsepower or lower included within the family. When installed in identical trucks the 400 and 500 horsepower engines would be expected to operate identically

when the demanded power from the engines is 400 horsepower or less. So in the case where in - use driving never included acceleration rates leading to horsepower demand greater than 400 horsepower, the two trucks with the 400 and 500 horsepower engines would give identical fuel consumption and GHG performance. When the desired vehicle acceleration rates were high enough to require more than 400 hors epower, the 500 horsepower truck would accelerate faster than the 400 horsepower truck resulting in higher average speeds and higher fuel consumption and GHG emissions measured on a per mile or per ton - mile basis. Hence, the higher rated engine family wou ld be expected to have the highest in - use fuel consumption and CO 2 emissions consistent with our current approach requiring manufacturers to certify the worst case configuration . As explained at proposal, the reason that the lower engine ratings appear to have worse fuel consumption relates to our use of a brake specific work metric. The brake specific metric measures power produced from the engine and delivered to the vehicle ign oring the parasitic work internal to the engine to overcome friction and air pumping work within the engine. The fuel consumed and GHG emissions produced to overcome this internal work and to produce useful (brake) work are both measured in the test cycle but only the brake work is reflected in the calculation of the fuel consumption rate. This is desirable in the context of reducing fuel consumption as this approach rewards engine designs that minimize this internal work through better engine designs. T he less work that is needed internal to the engine, the lower the fuel consumption will be. If we included the parasitic work in the calculation of the rate, we would provide no incentive to reduce internal friction and pumping losses. However, when comp aring two engines within the very

same family

with identical internal work characteristics, this approach gives a misleading comparison between two engines as described above. This is the case because both engines have an identical fuel consumption rate t o overcome internal work but different rates of brake work with the higher horsepower rating having more brake work because the test cycle is normalized to 100 percent of the engine’s rated power. The fuel consumed for internal work can be thought of as a fixed offset identical between both engines. When this fixed offset is added to the fuel consumed for useful (brake)***** E.O. 12866 Review**
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338 of 971 work over the cycle, it increases the overall fuel consumption (the numerator in the rate) without adding an y work to the denominator. T his fixed offset identical between the two engines has a bigger impact on the lower engine rating. In the extreme this can be seen easily . As the engine ratings decrease and approach zero, the brake work approaches zero and the calculated brake specific fuel consumption approaches infinity . For these reasons, we are finalizing that the same selection criteria, as outlined in 40 CFR part 86, subpart N, be used to define a single engine family designation for both criteria pollutant and GHG emissions. Further, we are finalizing that for fuel consumption and CO 2 emissions only any

selective enforcement audits, in - use, confirmatory , or other compliance testing would be limited to the parent rating for the family . Consistent with the current regulations, manuf acturers may

electively

subdivide a grouping of engines which would otherwise meet the criteria for a single family if they have evidence that the emissions are different over the useful life. The agencies received comments from engine and truck manufactur ers which indicated the useful life provisions applicable to criteria pollutants seemed appropriate for GHG emissions. For that reason, the agencies are retaining man y of the same provisions for GHG certification for family useful life provisions as devel oped for criteria pollutants. EPA utilizes a 12 - digit naming convention for all mobile - source engine families (and test groups for light - duty vehicles). This convention is also shared by the California Air Resources Board which allows manufacturers to po tentially use a single family

name for both EPA and California ARB certification. Of the 12 digits, 9 are EPA - defined and provide identifying characteristics of the engine family . The first digit represents the model year, through use of a predefined code . For example, the code “A” corresponds to the 2010 model y ear and “B” corresponds to the 2011 model y ear. The 5 th position corresponds to the industry sector code, which includes such examples as light - dut y vehicle (V) and heav y - duty diesel engines (H). The next three digits are a unique alphanumeric code assigned to each manufacturer by EPA. The next four digits describe the displacement of the engine; the units of which are dependent on the industry segment and a decimal may

be used when the displaceme nt is in liters. For engine families with multiple displacements, the largest displacement is used for the family name. For on highway vehicles and engines, the tenth character is reserved for use by California ARB. The final characters (including the 10 th character in absence of California ARB guidance) left to the manufacturer to determine, such that the family name forms a unique identifying characteristic of the engine family . This convention is well understood by the regulated industries, provides su fficient detail, and is flexible enough to be used across a wide spectrum of vehicle and engine categories. In addition, the current harmonization with other regulatory bodies reduces complications for affected manufacturers. For these reasons, we are not finalizing any major changes to this naming convention for this rulemaking. There may be additional categories defined for the 5 th character to address heav y - dut y vehicle families, however that will be discussed later. As with criteria pollutant standard s, the heavy - duty diesel regulatory

category is subdivided into three regulatory subcategories, depending on the GVW of the vehicle in which the engine will be used. These regulatory subcategories are defined as light -***** E.O. 12866 Review**
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339 of 971 heav y - dut y (LHD) diesel, medium heav y - dut y (MHD) diesel, and heav y heavy - duty (HHD) diesel engines. All heav y - dut y gasoline engines are grouped into a single subcategory . Each of these regulatory subcategories are expected to be in service for varying amounts of time, so they each carry

diffe rent regulatory

useful lives. For this reason, expectations for demonstrating useful life compliance differ b y subcategory, particularl y as related to deterioration factors. Li ght heav y - dut y diesel engines (and all gasoline heav y - dut y engines) have the same regulatory

useful life as a light - dut y vehicle (110,000 miles), which is significantl y shorter than the other heavy - dut y regulatory subcategories. Therefore, we believe it is appropriate to maintain commonality with the light - duty vehicle rule. During the light duty vehicle rulemaking, the conclusion was reached that no significant deterioration would occur over the useful life. Therefore, EPA is recommending that manufacturers use assigned DFs for CO 2 . For this final action, we believe appropriate val ues are zero (for additive DFs) and one (for multiplicative DFs). EPA will continue to collect data regarding deterioration of CO 2 emissions and may revisit these assigned values if necessary . For the medium heav y - duty and heav y heav y - duty

diesel engine s egments, the regulatory

useful lives are significantly longer (185,000 and 435,000 miles, respectivel y). For this reason, the EPA cannot rule out the possibility that engine/aftertreatment wear will have a negative impact on GHG emissions. To address usef ul life compliance for MHD and HHD diesel engines certified to GHG standards, EPA therefore believes that the criteria pollutant approach for developing DFs is appropriate. Using CO 2 as an example, many ty

pes of engine deterioration will affect CO 2 emissio ns. Reduced compression, as a result of wear, will cause higher fuel consumption and increase CO 2 production. In addition, as aftertreatment devices age (primarily particulate traps), regeneration events may

become more frequent and take longer to complet e. Since regeneration commonl y requires an increase in fuel rate, CO 2 emissions would likely increase as well. Finally , any changes in EGR levels will affect heat release rates, peak combustion temperatures, and completeness of combustion. Since these factors could reasonabl y be expected to change fuel consumption, CO 2 emi ssions would be expected to change accordingl y. However, we expect engine manufacturers to consider performance degradation in the design of engine and aftertreatment sy stems given the market incentive to reduce fuel consumption and related CO 2 emissions. For these reasons, EPA is not eliminating the DF from this program, but will allow for an assigned DF of zero. HHD diesel engines may also require some degree of aftertreatment maintenance throughout their useful life. For example, one major heav y - dut y engine manufacturer specifies that their diesel particulate filters be removed and cleaned at intervals between 200,000 and 400,000 miles, depending on the severity of service. Another major engine manufacturer requires servicing diesel particulate filte rs at 300,000 miles. This maintenance or lack thereof if service is neglected, could have serious negative implications to CO 2 emissions. Inaddition, there may be emissions - related warranty implications for manufacturers to ensure that if rebuilding or sp ecific emissions related maintenance is necessary, it will occur at the prescribed intervals. Therefore, it is imperative that manufacturers provide detailed maintenance instructions. Lean - NO X***** E.O. 12866 Review**
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340 of 971 aftertreatment devices may also facilitate GHG reductions by allowing engines to run with higher engine - out NO X levels in exchange for more efficient calibrations. In most cases, these aftertreatment devices require a consumable reductant, such as diesel exhaust fluid, which requires periodic maintenance b y the vehi cle operator. Without such maintenance, the emission control sy stem may be compromised and compliance with emission standards may

be jeopardized. Such maintenance is considered to be critical emission related maintenance and manufacturers must therefore demonstrate that it is likely to be completed at the required intervals. One example of such a demonstration is an engine power de - rating strategy that will limit engine power or vehicle speed in absence of this required maintenance. If the manufacturer d etermines that maintenance is necessary on critical emission related components within the useful life period, it must have a reasonable basis for ensuring that this maintenance will be completed as scheduled. This includes any adjustment, cleaning, repair , or replacement of critical emission - related components. Ty pically , EPA has only

allowed manufacturers to schedule such maintenance if the manufacturer can demonstrate that the maintenance is reasonabl y likely to be done at the recommended intervals. Thi s demonstration may be in the form of survey

data showing at least 80 percent of in - use engines get the prescribed maintenance at the correct intervals. Another possibility is to provide the maintenance free of charge. We see no reason to depart from this approach for GHG - related critical emission - related components. For reasons stated previously regarding the useful life provisions, EPA is retaining man y of the same provisions for GHG certification for family useful life provisions as developed for crite ria pollutants. (b ) Demonstrating Compliance w ith the Standards (i ) CO2 Standards The final test results (adjusted for deterioration, if applicable) form the basis for the Famil y Certification Limit (FCL), which the manufacturer must specify to be at or above the certification test results. This FCLbecomes the emission standard for the family and any certification or confirmatory testing must show compliance with this limit. In addition, manufacturers may choose an FCLat an y l evel above their certified emission level to provide a larger compliance margin. If subsequent certification or confirmatory

testing reveals emissions above the FCL , the new, higher result becomes the FCL . As proposed, the FCLis also used to determine the Famil y Emission L imit (FEL), wh ich serves as the emission limit for any subsequent field testing conducted after the time of certification. This would primarily include selective enforcement audits, but also may include in - use testing for GHGs. The FEL differs from the FCL in that it includes an EPA - defined compliance margin; which has been defined at 3 percent for the final rule. Our proposal included a two percent margin based on round - robin testing of the same engine at several laboratories. Since that time, additional confidential data provided by manufacturers has indicated that it may be more appropriate to use a three percent***** E.O. 12866 Review**
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341 of 971 margin to also account for production variability between engines. 312 Under this final action , the FEL will alway s be three percent higher than the FCL. Engine Emission Testing Under current non - GHG engine emissions regulations, manufacturers are required to demonstrate compliance using two test methods: the heav y - dut y transient cycle and the heav y - dut y stead y state test. Each test is an engine speed versu s engine torque schedule intended to be run on an engine dynamometer. Over each test, emissions are sampled using the equipment and procedures outlined in 40 CFR part 1065, which includes provisions for measuring CO 2 , N 2 O, and CH 4 . Emissions may be sample d continuously or in a batch configuration (commonly known as “bag sampling”) and the total mass of emissions over each cycle are normalized by the engine power required to complete the cycle. Following each test, a validation check is made comparing actu al engine speed and torque over the cycle to the commanded values. If these values do not align well, the test is deemed invalid. The transient Heav y - dut y FTP cycle is characteristic of ty pical urban stop - and - go driving. Also included is a period of more s tead y s tate operation that would be ty pical of short cruise intervals at 45 to 55 miles per hour. Each transient test consists of two 20 minute tests separated b y a “soak” period of 20 minutes. The first test is run with the engine in a “cold” state, whi ch involves letting the engine cool to ambient conditions either b y sitting overnight or by forced cooling provisions outlined in §86.1335 - 90 (or 40 CFR part 1036) . This portion of the test is meant to assess the ability of the engine to control emissions during the period prior to reaching normal operating temperature. This is commonly

a challenging area in criteria pollutant emission control, as cold combustion chamber surfaces tend to inhibit mixing and vaporization of fuel and aftertreatment devices do not tend to function well at low temperatures. Following the first test, the engine is shut off for a period of 20 minutes, during which emission anal yz er checks are performed and preparations are made for the second test (also known as the “hot” test). After completion of the second test, the results from the cold and hot tests are weighted and a single composite result is calculated for each pollutant. Based on t ypi cal in - use dut y c ycl es, the cold test results are given a 1/7 weighting and the hot te st results are given a 6/7 weighting. Deterioration factors are applied to the final weighted results and the results are then compared to the emission standards. Prior to 2007, compliance only needed to be demonstrated over the Heavy - duty FTP. However, a number of events brought to light the fact that this transient cycle may not be as well suited for engines which spend much of their duty c ycl e at steady cruise conditions, such as those used in line - haul semi - trucks. As a result, the steady - state SET pr ocedure was added, consisting of 13 steady - state modes. During each mode, emissions were sampled for a period of five minutes. Weighting factors were then applied to each mode and the final weighted results were compared to the emission standards (including

312 See discussion in RIA 3.1.2.3.***** E.O. 12866 Review**
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342 of 971 deterioration factors). Inaddition, emissions at each mode could not exceed the NTE emission limits. Alternatively , manufacturers could run the test as a ramped - modal cycle. In this case, the cycle still consists of the same speed/torque modes, howeve r linear progressions between points are added and instead of weighting factors, each mode is sampled for various amounts of time. The result is a continuous cycle lasting approximately

40 minutes. With the implementation of part 1065 test procedures in 2 010, manufacturers are now required to run the modal test as a ramped - modal cycle. In addition, the order of the speed/torque modes in the ramped - modal cycle have changed for 2010 and later engines. It is well known that fuel consumption, and therefore CO 2 emissions, are highl y dependent on the drive cycle over which they are measured. Steady cruise conditions, such as highway

driving, tend to be more efficient, having lower fuel consumption and CO 2 emissions. In contrast, highl y transient operation, such as cit y driving, tends to lead to lower efficiency

and therefore higher fuel consumption and CO 2 emissions. One example of this is the difference between EPA - measured cit y and highway fuel econom y ratings assigned to all new light - dut y passenger vehicles. For this heav y - duty

engine and vehicle rule, we believe it is important to assess CO 2 emissions and fuel consumption over both transient and steady state test cycles, as all vehicles will operate in conditions ty pical of each cycle at some point in their useful life. However, due to the drive cycle dependence of CO 2 emissions, we do not believe it is reasonable to have a single CO 2 standard which must be met for both cycles. As we discussed at proposal, a single CO 2 standard would likely prove to be too lax for steady state conditions while being too strict for transient conditions. Therefore, the agencies are finalizing that all heavy - dut y engines be tested over both transient and steady - state tests. However, onl y the results from either the transient or stead y - state test cycles will be used to assess compliance with GHG standards, depending on the t ype of vehicle in which the engine will be used. Engines that will be used in Class 7 and 8 combination tractors will use the ramped - modal cycle for GHG c ertification, and engines used in vocational vehicles will use the Heav y - dut y FTP cycle. In both cases, results from the other test cycle will be reported but not used for a compliance decision. Engines will continue to be required to show criteria pollutant compliance over both cycles, in addition to NTE requirements. The agencies propose d that manufacturers submit both data sets from the transient test at the time of certification. This include s providing both cold start and hot start transient heav y - duty

FTP emissions results, as well as the composite emissions at the time of certification. The proposed rules also required that manufacturers submit modal data from the ramped - modal cycle test . This was proposed in an effort to improve the accuracy of the simulation model being used for assessing CO 2 and fuel consumption performance and overall engine emissions performance . However several commenters were concerned that modal data was non discernable when batch sampling was used for certification testi ng. Thus, an additional certification test (or tests) would need to be done using either continuous analyzers or batch sampling at each mode; each option raising the cost and complexity of certification***** E.O. 12866 Review**
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343 of 971 testing. The agencies agree that (at this time) thi s raises practical issues for certification testing, however we also believe that manufacturers have significant data from these modal points which could be used to satisfy our model refinement goals. The agencies also recognize that even minor variation s in test fuel properties can have an impact on measured CO 2 emissions. Therefore, measured CO 2 results are to be corrected using a reference energy content, which is defined in the regulations. This correction must be performed for each test and each batch of test fuel. However, manufacturers may

develop robust testing procedures that reduce the variation in test fuel properties to within the level of measurement uncertainty of the fuel properties themselves. If this is the case, an annual review is st ill necessary to confirm the validity of this constant value. As explained above in Section II, the agencies are finalizing an alternative standard whereb y manufacturers may elect that certain of their engine families meet an alternative percent reduction standard, measured from the engine famil y’s 2011 baseline, instead of the main 2014 MY standard. As part of the certification process, manufacturers electing this standard would not only have to notify the agency

of the election but also demonstrate the d erivation of the 2011 baseline CO 2 emission level for the engine famil y. Manufacturers would also have to demonstrate that they have exhausted all credit opportunities. Durability testing Another element of the current certification process is the requirement to complete durability

testing to establish DFs. As previously mentioned, manufacturers are required to demonstrate that their engines compl y with emission standards throughout the regulatory

compliance period of the engine. This demonstration is commonly made through the combination of low - hour test results and testing based deterioration factors. For engines without aftertreatment devices, deterioration factors primaril y account for engine wear as service is accumulated. This commonly includ es wear of valves, valve seats, and piston rings, all of which reduce in - cylinder pressure. Oil control seals and gaskets also deteriorate with age, leading to higher lubricating oil consumption. Additionally , flow properties of EGR sy stems may change as deposits accumulate and therefore alter the mass of EGR inducted into the combustion chamber. These factors, amongst others, may

serve to reduce power, increase fuel consumption, and change combustion properties; all of which affect pollutant emissions. F or engines equipped with aftertreatment devices, DFs take into account engine deterioration, as described above, in addition to aging affects on the aftertreatment devices. Oxidation cataly sts and other catal yt ic devices rely on active precious metals to effectivel y convert and reduce harmful pollutants. These metals may become less active with age and therefore pollutant conversion efficiencies may decrease. Particulate filters may also experience reduced trapping efficiency with age due to ash accumulat ion and/or degradation of the filter substrate, which may lead to higher tailpipe PM measurements and/or increased regeneration frequency . If a pollutant is predominantly controlled by***** E.O. 12866 Review**
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344 of 971 aftertreatment, deterioration of emission control depends on the continued operation of the aftertreatment device much more so than on consistent engine - out emissions. At this time, we anticipate that most engine component wear will not have a significant negative impact on CO 2 emissions. However, wear and aging of aftertreatment devices may

or may not have a significant negative impact on CO 2 emissions. In addition, future engine or aftertreatment technologies may experience significant deterioration in CO 2 emissions performance over the useful life of the engine. For thes e reasons, we believe that the use of DFs for CO 2 emissions is both appropriate and necessary . As with criteria pollutant emissions, these DFs are preferabl y developed through testing the engine over a representative duty cycle for an extended period of ti me. This is ty

pically either half or full useful life, depending on the regulatory c ategory . The DFs are then calculated by comparing the high - hour to low - hour emission levels, either b y division or subtraction (for multiplicative & additive DFs, respectiv ely). This testing process may

be a significant cost to an engine manufacturer, mainly due to the amount of time and resources required to run the engine out to half or full useful life. For this reason, durability testing for the determination of DFs i s not commonly

repeated from model year to model year. In addition, some DFs may be allowed to carry

over between families sharing a common architecture and aftertreatment sy stem. EPA prefers to have manufacturers develop testing - based DFs for their produ cts. However, we do understand that for the reasons stated above , it may be impractical to expect manufacturers to have testing - based deterioration factors available for these final rules. Therefore, we are allowing manufacturers to use EPA - assigned DFs fo r CO 2 . However, we also understand that CO 2 is traditionally measured as part of normal engine dy namometer testing. Therefore, we are requiring that manufacturers include CO 2 data over their criteria pollutant durability demonstrations (if available), whi ch will aid the agency in developing more accurate assigned DFs. This action is being taken in the context of engine manufacturers’ concerns regarding the impact of deterioration of emissions components relative to the GHG standards. Engine manufacturers commented that there would be no deterioration of components used to reduce GHG emissions in Phase 1. As part of the Clean Air Act responsibility to demonstrate compliance throughout the useful life, manufacturer will need to provide data already collect ed during traditional criteria pollutant testing for full useful life performance. IRAFs/Regeneration Impacts on CO 2 Heav y - dut y engines may be equipped with exhaust aftertreatment devices which require periodic “regeneration” to return the device to a no minal state. A common example is a diesel particulate filter, which accumulates PM as the engine is operated. When the PM accumulation reaches a threshold such that exhaust backpressure is significantl y increased, exhaust temperature is actively increased to oxidize the stored PM. The increase in exhaust temperature is commonly facilitated through late combustion phasing and/or raw fuel injection into the exhaust sy stem upstream of the filter. Both methods impact emissions and therefore must be accounted for at the time of certification. In accordance with §86.004 - 28(i), this ty pe of event would be considered infrequent because in most cases they onl y occur once every

30 to 50 hours of engine***** E.O. 12866 Review**
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345 of 971 operation (rather than once per transient test cycle), and ther efore adjustment factors must be applied at certification to account for these effects. Similar to DFs, these adjustment factors are based off of manufacturer testing; however this testing is far less time consuming. Emission results are measured from two test cycles: with and without regeneration occurring. The differences in emission results are used, along with the frequency at which regeneration is expected to occur, to develop upward and downward adjustment factors. Upward adjustment factors are adde d to all emission results derived from a test cycle in which regeneration did not occur. Similarly , downward adjustment factors are subtracted from results based on a cycle which did experience a regeneration event. Each pollutant will have a unique set o f adjustment factors and additionally , separate factors are commonly developed for transient and steady - state test cycles. The impact of regeneration events on criteria pollutants varies b y pollutant and the aftertreatment device(s) used. In general, the a djustment factor can have a very significant impact on compliance with the NO X standard. For this reason, heavy - dut y vehicle and engine manufacturers are already very well motivated to extend the regeneration frequency

to as long an interval as possible and to reduce the duration of the regeneration as much as possible. Both of these actions significantl y reduce the impact of regeneration on CO 2 emissions and fuel consumption. We do not believe that adding an adjustment factor for infrequent regeneration to the CO 2 or fuel efficiency standards would provide a significant additional motivation for manufacturers to reduce regenerations. Moreover, doing so would add significant and unnecessary uncertaint y to our projections of CO 2 and fuel consumption perfo rmance in 2014 and beyond. In addressing that uncertainty , the agencies would have to set less stringent fuel efficiency and CO 2 standards for heavy - duty trucks and engines. Therefore, we are not requiring the use of infrequent regeneration adjustment fa ctors for CO 2 or fuel efficiency in this program. This is consistent with comments received from engine manufacturers. Auxiliary Emission Control Devi c es As part of the engine control strategy , there may be devices or algorithms which reduce the effectiveness of emission control sy stems under certain limited circumstances. These strategies are referred to as Auxiliary Emission Control Devices (AECDs). One example would be the reduced use of EGR during cold engine operation. In this case, low coolant temperatures may cause the electronic control unit to reduce EGR flow to improve combustion stability . Once the engine warms up, normal EGR rates are resumed and full NO X control is achieved. At the time of certification, manufacturers are required t o disclose all AECDs and provide a full explanation of when the AECD is active, which sensor inputs effect AECD activation, and what aspect of the emission control sy stem is affected b y the AECD. Manufacturers are further required to attest that their AEC Ds are not “defeat - devices,” which are intentionall y targeted at reducing emission control effectiveness.***** E.O. 12866 Review**
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346 of 971 Several common AECDs disclosed for criteria pollutant certification will have a similarly negative influence on GHG emissions as well. One such example is cold - start enrichment, with provides additional fueling to stabilize combustion shortly after initially starting the engine. From a criteria pollutant perspective, HC emissions can reasonabl y be expected to increase as a result. From a GHG perspec tive, the extra fuel does not result in a similar increase in power output and therefore the efficiency of the engine is reduced, which has a negative impact on CO 2 emissions. In addition, there may be AECDs that uniquely reduce GHG emission control effect iveness. Therefore, consistent with today ’s certification procedures, we are finalizing that a comprehensive list of AECDs covering both criteria pollutant, as well as GHG emissions is required at the time of certification. (ii) EPA ’ s N 2 O and CH

4 Standards In 2009, EPA issued rules requiring manufacturers of mobile - source engines to report the emissions of CO 2 , N 2 O, and CH 4 (74 FR 56260, October 30, 2009). Although CO 2 is commonly

measured during certification testing, CH 4 and N 2 O are not. CH 4 has traditiona lly

not been included in criteria pollutant regulations because it is a relativel y stable molecule and does not contribute significantly to ground - level ozone formation. In addition, N 2 O is commonly a b yproduct of lean - NO X aftertreatment s ys tems. Until re centl y, these types of systems were not widel y used on heav y - dut y engines and therefore N 2 O emissions were insignificant. As noted in section II above, both species, while emitted in small quantities relative to CO 2 , have much higher global warming potent ial than CO 2 and therefore must be considered as part of a comprehensive GHG regulation. EPA is requiring that CH 4 and N 2 O be reported at the time of certification, however we will allow manufacturers to submit a compliance statement based on good engineering judgment for the first year of the program in lieu of direct measurement of N 2 O. However, beginning in the 2015 model ye ar, the agency is requiring the direct measurement of N 2 O for certification. The intent of the CH 4 and N 2 O standards are more focu sed on prevention of future increases in these compounds, rather than forcing technologies that reduce these pollutants. As one example, we envision manufacturers satisfying this requirement by continuing to use cataly st designs and formulations that appr opriatel y control N 2 O emissions rather than pursuing a catal ys t that may increase N 2 O. In man y way s this becomes a design - based criterion in that the decision of one catal ys t over another will effectivel y determine compliance with N 2 O standards over the u seful life of the engine. As discussed above, in cases where N 2 O emissions directly tradeoff with CO 2 emissions, EPA is allowing manufacturers to exploit this relationship to produce engines with the lowest overall GHG emissions. Direct measurement of N 2 O emissions is required in the case of engines utilizing this temporary credit program. Since catal yt ic activity

generall y changes with age and service accumulation, it is not unreasonable to expect changes in N 2 O and CH 4 emissions over the useful life of the engine. We also believe that low - hour test results coupled with deterioration factors provides an adequate representation of end - of - life emission levels for these pollutants. However, the requirement to measure N 2 O and CH 4 during testing is relatively new and we do not expect that manufacturers have consistent durability data to formulate***** E.O. 12866 Review**
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347 of 971 deterioration factors for today ’s action. We also do not believe it is appropriate to require all new durability

testing to satisfy

this requirement, as this would result in a nontrivial burden to engine manufacturers. Instead we will be assigning deterioration factors for N 2 O and CH 4 for this action . I f the use of assigned deterioration factors jeopardizes compliance with the emission s tandards, we will also allow manufacturers to propose unique testing - based deterioration factors for these pollutants. In response to comments received from engine manufacturers regarding the timing needed to generate deterioration factors the agencies ar e taking this approach. Concerns had also been raised by engine manufacturers regarding measurement techniques for quantifying N 2 O emissions. In an effort to expand testing options, w e are adding an allowance to use laser infrared anal yz ers for N 2 O measurement in 40 CFR part 1065.275. This is to reflect the recent development of this technology for N 2 O measurement. We would also like to serve notice that in an upcoming rulemaking, we will be tightening the interference tolerance (both positive and negat ive) for engines and vehicles that are required to certify to an N 2 O standard. This will consist of an interference limit based on interference as a percentage of the flow weighted mean concentration of N 2 O expected at the standard. For example we may se t the interference limit at ±10 % of the flow weighted mean concentration of N 2 O expected at the standard and strongl y recommend a lower interference that is within ±5 %. (c) Additional Compliance Provisions (i ) Warranty & Defect Reporting Under section 207 of the CAA, engine manufacturers are required to warrant that their product is free from defects that would cause the engine to not comply with emission standards. This warranty must be applicable from when the engine is introduced into commerce through a perio d generally defined as half of the regulatory useful life (specified in hours and years, whichever comes first). The exact time of this warranty is dependent on the regulatory c ategory of the engine. In addition, components that are considered “high cost ” are required to have an extended warrant y. Examples of such components would be exhaust aftertreatment devices and electronic control units. Current warrant y provisions in 40 CFR p art 86 define the warrant y periods and covered components for heav y - dut y e ngines. The current list of components is comprised of an y device or s ys tem whose failure would result in an increase in criteria pollutant emissions. We remain convinced that this list is adequate for addressing GHG emissions as well , based on comments received from the proposed rules . The following list identifies items commonly defined as critical emission - related components :  Electronic control units  Aftertreatment devices  Fuel metering components  EGR - Sy stem components  Crankcase - ventilation valves***** E.O. 12866 Review**
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348 of 971  All components related to charge - air compression and cooling  All sensors and actuators associated with an y of these components When a manufacturer experiences an elevated rate of failure of an emission control device, they

are required to submit defect report s to the EPA. These reports will generall y have an explanation of what is failing, the rate of failure, and any possible corrections taken b y the manufacturer. Based on how successful EPA believes the manufacturer to be in addressing these failures, the manufacturer may need to conduct a product recall. In such an instance, the manufacturer is responsible for contacting all customers with affected units and repairing the defect at no cost to them. We believe this structure for the reporting of criteria po llutant defects, and recalls, is appropriate for components related to complying with GHG emissions as well. (ii) Maintenance Engine manufacturers are required to outline maintenance schedules that ensure their product will remain in compliance with emission standards throughout the useful life of the engine. This schedule is required to be submitted as part of the application for certification. Maintenance that is deemed to be critical to ensuring compliance with emission standards is classified as “critical emission - related maintenance.” Generally , manufacturers are discouraged from specifying that critical emission - related maintenance is needed within the regulatory useful life of the engine. However, if such maintenance is unavoidable, manufacturers must h ave a reasonable basis for ensuring it is performed at the correct time. This may demonstrated through several methods including survey data indicating that at least 80% of engines receive the required maintenance in - use or manufacturers may

provide the ma intenance at no charge to the user. During durability testing of the engine, manufacturers are required to follow their specified maintenance schedule. Maintenance relating to components relating to reduction of GHG emissions is not expected to present un ique challenges. Therefore, we are not finalizing any changes to the provisions for the specification of emission - related maintenance as outlined in 40 CFR part 86. **(2) Enforcement Provisions**  (a ) Emission Control Information Labels Current provisions for engine c ertification require manufacturers to equip their product with permanent emission control information labels. These labels list important characteristics, parameters, and specifications related to the emissions performance of the engine. These include, b ut are not limited to, the manufacturer, model, displacement, emission control sy stems, and tune - up specifications. In addition, this label also provides a means for identifying the engine family name, which can then be referenced back to certification doc uments. This label provides essential information for field inspectors to determine that an engine is in fact in the certified configuration.***** E.O. 12866 Review**
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349 of 971 We do not anticipate an y major changes needing to be made to emission control information labels as a result of n ew GHG standards and a single label is appropriate for both criteria pollutant and GHG emissions purposes. Perhaps the most significant addition will be the inclusion of Family Certification L evels or Family Emission L imits for GHG pollutants, if the manu facturer is participating in averaging, banking, and trading. In addition, the label will need to indicate whether the engine is certified for use in vocational vehicles, tractors, or both. Finally , if an engine family is uniquely

certified for use in h y

brid powertrain applications, a compliance statement indicating this will need to be included on the emission control label. In response to comments from engine and truck manufacturers that tractors should be allowed to obtain engines certified for vocatio nal use and likewise a limited number of engines certified for tractor use should be available for the appropriate vocational applications, the agencies are allowing limited use of engines certified in other categories. To address compliance needs and to discourage abuse of the provisions, proper labeling of the engines is essential. (b ) In - Use Standards In - use testing of engines provides a number of benefits for ensuring useful life compliance. In addition to verifying compliance with emission standards at an y given point in the useful life, it can be used along with manufacturer defect reporting, to indentify components failing at a higher than normal rate. In this case, a product recall or other service campaign can be initiated and the problem can be rec tified. Another key benefit of in - use testing is the discouragement of control strategies catered to the certification test cycles. In the past, engine manufacturers were found to be producing engines that performed acceptabl y over the certification test cycle, while changing to alternate operating strategies “off - cycle” which caused increases in criteria pollutant emissions. While these strategies are clearl y considered defeat devices, in - use testing provides a meaningful way of ensuring that such strate gies are not active under normal engine operation. Currently , manufacturers of certified heav y - duty engines are required to conduct in - use testing programs. The intent of these programs is to ensure that their products are continuing to meet criteria pollutant emission standards at various points within the useful life of the engine. Since initial certification is based on engine dy namometer testing, and removing in - use engines from their respective vehicles is often impractical, a unique testing procedure was developed. This includes using portable emission measurement s ys tems (PEMS) and testing the engine over t ypical in - situ drive routes rather than a prescribed test cycle. To assess compliance, emission results from a well defined area of the speed/torque map of the engine, known as the NTE zone, are compared to the emission standards. To account for potential increases in measurement and operational variability, certain allowances are applied to the standard which results in the standard for NTE measurements (NTE limit) to be at or above the dut y cycle emission standards.***** E.O. 12866 Review**
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350 of 971 In addition, EPA conducts an annual in - use testing program of heavy - dut y engines. Testing procured vehicles with specific engines over well - defined drive routes using a constant trailer load allows for a consistent comparison of in - use emissions performance. If potential problems are identified in - situ, the engine may be removed from the vehicle and tested using an engine dynamometer over the certification test cycles. If defici encies are confirmed the agency will either work with the manufacturer to take corrective action, possibly involving a product recall, or proceed with enforcement action against the manufacturer. The GHG reporting rule requires manufacturers to submit CO 2 data from all engine testing (beginning in the 2011 model year), which we believe is equally applicable to in - use measurements. Methods of CO 2 in - situ measurement are well established and most, if not all, PEMS devices measure and record CO 2 along with cri teria pollutants. CH 4 and N 2 O present in - situ measurement challenges that may be impractical to overcome for this testing, and therefore they are not included in in - use testing requirements at this time. While measurement of CO 2 may be practical and impo rtant, implementing an NTE emission standard for CO 2 is challenging. As previously discussed, CO 2 emissions are highl y dependent on the drive cycle of the vehicle, which does not lend itself well to the NTE - based test procedure. Therefore, we proposed and are adopting that manufacturers be required to submit CO 2 data from in - situ testing, in both g/bhp - hr and g/ton - mile, but these data will be used for reference purposes only (there would be no NTE limit/standard for CO 2 ). For the purposes of calculating the g/ton - mile metric, we prefer that manufacturers use the measured vehicle weight. However it has been brought to our attention that this may not alway s be available, in which case an estimated vehicle weight can be used along with a written justificatio n for the basis of the estimation. For engine - based (dy namometer) in - use testing, compliance with CO 2 emission standards will be judged off of the FCL of the engine family . **(3) Other**  **Certification Provisions**  (a ) Carryover/Carry Across Certification Test Data EPA’s current certification program for heavy - duty engine s allows manufacturers to carry certification test data over and across certification testing from one model year to the next, when no significant changes to models are made. EPA will also apply this poli cy to CO 2 , N 2 O and CH 4 certification test data. (b ) Certification Fees The CAA allows EPA to collect fees to cover the costs of issuing certificates o f conformity

for the classes of engines covered b y this rulemaking . On May 11, 2004, EPA updated its fees regulation based on a study of the costs associated with its motor vehicle and engine compliance program (69 FR 51402). At the time that cost study was conducted , the current rulemaking was not considered. At this time the extent of any added costs to EPA as a result of this program is not known. EPA will assess its compliance testing and other activities associated with the rule s and may amend its fees regulations in the future to include an y justifiable new costs.***** E.O. 12866 Review**
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351 of 971 (c) Onboard Diagnostics (a) Onboard Diagnostics Beginning with the 2010 model y ear, manufacturers have been phasing in on board diagnostic (OBD) sy stems on heavy - dut y engines pursuant to the heavy - duty OBD rulemaking finalized by

the EPA in 2009. 313 These sy stems monitor the activity of the e mission control sy stem and issue alerts when faults are detected. These diagnostic sy stems are currentl y being developed based around components and s ys tems that influence criteria pollutant emissions. Consistent with the light - duty 2012 - 2016 MY vehicle rulemaking, we believe that monitoring of these components and s ystems for criteria pollutant emissions will have an equall y beneficial effect on CO 2 emissions. 314 Therefore, we have not finalized any additional unique onboard diagnostic provisions for heav y - dut y GHG emissions. In the NPRM, EPA did not propose new or different diagnostic requirements from those finalized in the 2009 heav y - dut y OBD rule. The agencies received comments from engine manufacturers, h ybrid s ys tem manufacturers, and related trade groups which broached concerns regarding the feasibility of applying on - board diagnostics to h yb rid applications starting in 2013. The commenters stated that engine manufacturers would need several ye ars to adapt their engine OBD s ys tems to hy brids, and th erefore requested a delay of OBD requirements for h ybrid applications until 2020 with a phase - in of enforcement liability starting that same y ear. Details, which the agencies believe have merit, are set out below. In response, EPA is taking an approach th at is consistent with certain provisions of the existing final action for heav y - dut y OBD, finalized in 2009. To that end, manufacturers who certify hy brid s ys tems will continue to have the responsibility of implementing compliant diagnostic s ys tems, howev er, we are extending the OBD phase - in for engines with hy brid sy stems to allow time for manufacturers to be able to address communication protocol development concerns (e.g. SAE J1939, communication with diagnostic scantools ), component development concern s (e.g. hardware and software), and to address the availability

of heav y - duty

OBD compliant engines with sufficient lead - time for additional hy brid diagnostic s ys tem development given resource constraints as engine manufacturers are focused on meeting the 2013 requirements for conventional products at this time. Since publication of the NPRM, the EPA has undertaken extensive outreach to hy brid manufacturers, engine manufacturers, and related industry groups to further understand the technical issues involve d with the implementation of full OBD on engine hy brid s ys tems. 315 Hy

brid manufacturers have indicated that the interaction between

313 U.S. EPA, “Control of Air Pollution from Ne w Motor Vehicles and New Motor Vehicles Engines; Final Rule Regulations Requiring Onboard Diagnostic Sy stems on 2010 and Later Heavy - Duty Engines Used in Highway Applications Over 14,000 Pounds; Revisions to Onboard Diagnostic Requirements for Diesel Highway Heavy - Duty Vehicles Under 14,000 Pounds ,” published February 24, 2009. Available here: http://www.e pa.gov/otaq/regs/im/obd/regtech/hd - obd - frm - 02 - 24 - 09 - notice - 74 - fr - 8310.pdf 314 See the Light - Duty 2012 - 2016 Vehicle Rule, Note 5 , above. 315 See EPA Do cket EPA - HQ - OAR - 2010 - 0162 for memos describing meetings held as a part of this outreach.***** E.O. 12866 Review**
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352 of 971 hy brid s ys te ms and OBD compliant engines is not well understood at this time, for example, if the sy stem shuts down the vehic le at idle (as is common), the OBD idle diagnostics cannot run. In addition, there are many different h yb rid sy stems being developed which make much of this technology both immature and low volume, and engine manufacturers are concerned that this will res ult in high costs due to frequent design changes that could occur as this technology develops and have asked for flexibility for unique hy

brid applications. Consistent with the goal to incentivize the development of h ybrid designs (s ys tems designed to cap ture wasted energy and reduce fuel consumption) the EPA is allowing h ybrid manufacturers time to develop their sy stems while simultaneously developing the capability to meet HD OBD requirements. Communication protocol development is an integral part of dev eloping h yb rid OBD capability

for the heavy - dut y industry which is not vertically

integrated. There are different protocols required to be used for OBD communication in a vehicle depending on the ty pe of engine (gasoline or diesel). These protocols are d eveloped in part to standardize the transmission of electronic signals and control information among vehicle components. The J1939 communication protocol is developed b y committee through SAE and is required for use with diesel engines. J1939 defines communications messages, diagnostic messages for communications between a module and diagnostic scantool, and fault codes. Messages sent through a J1939 network contain a series of information (e.g. an identifier, message priority , data, etc.) and these param eters must be agreed upon through the SAE committee and tailored to work for all manufacturers. The development of this communication protocol includes developing criteria for the messages, and determining a single set of fault codes that can work for all manufacturers and all hy brid sy stem configurations; this is expected to take a substantial amount of time and collaboration. OBD cannot exist without fault codes to report, therefore development of this protocol is critical. Hy brid manufacturers have stated that until such time as a ‘plug and play

scheme’ is available, hy

brid volumes will not be able to increase significantl y. At this time, there are onl y a few such messages that have been developed for use in h ybrid s ys tems, and there is much additional development that needs to take place. The t yp e of messages needed must first be identified once 2013 HD OBD compliant engines are available for use in HD h yb rid OBD s ys tem development. After needed messages are identified, the content of each message must be developed and agreed upon through a ballot process. Manufacturers have stated that this will be an iterative process and will likely take at least two years to develop the protocol for use with different variations of hy brid sy stems and architectures, different ty pes of energy storage s ys tems, and for sy stems used in the wide variet y of applications in the heav y duty market, and we agree with this assessment. While a level of communication exists today between engines and transmissions for this industry , the level of control and impact on engine s ys tem operation becomes much more significant once hy brid technology

is introduced. The purpose of the hy brid energy

s ys tem is to supplement overall vehicle power demands. As such, the methods used for integrating the energy from the hy

brid sy stem into overall vehicle operation vary from allowing additional internal combustion engine lower power operation to potentially decreasing the amount of engine “on” time. This range of performance impacts will serve to reduce GHG emissions by reducing demands on the engine. Conventional transmission sy stems and other p owertrain components do not exercise the level of control the hy brid will need to exercise to***** E.O. 12866 Review**
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353 of 971 effectivel y reduce GHG emissions and improve fuel consumption performance for internal combustion engines; therefore, h ybrid OBD systems can reasonably be expecte d to be more complicated as well. Component development concerns raised b y h yb rid manufacturers include both changes that may

be required to software and/or hardware s ys tems on both existing hy brid products and on hy

brid sy stems currentl y under development . Software s ys tems in existing products have been developed that provide proprietary diagnostic capability (as no standardized s ys tem such as J1939 had been developed for these s ys tems), however, these software sy stems are not OBD complaint. These produc ts will likely require entirel y new software s ys tems developed for them which may result in hardware changes as well. Manufacturers have stated that a complete software s ys tem can take up to 2 years to develop and validate. Hardware may also need to be c hanged to accommodate OBD on hybrid s ys tems . In particular, hardware changes would affect current production sy stems which may not have controllers that can support full OBD. The low volume sales and high cost of a controller program (which can reach into the millions of dollars) means that most companies cannot justify the cost of a hardware change for h ybrids alone, rather, existing hybrid systems will have to wait until such a hardware upgrade is planned for other reasons. In addition, new hardware pro grams, such as developing a new ECU can take 3 - 4 years to complete. While it is possible for some of this work to be done concurrentl y, how much can be done this way is dependent on the configuration of each i ndividual sy stem. F inally , manufacturers may have contractual agreements with hardware and software suppliers that will have to be reconfigured to address a complete OBD program. Hy brid manufacturers have stated that they will be unable to produce h ybrid sy stems that will be OBD complaint in 2013. G iven the concerns discussed above and the general lack of availability of OBD compliant engines until the completion of the HD OBD phase - in, to require manufacturers of s ys tems that depend on the availability of those OBD compliant engines to then be able to immediately implement additional requirements may

be impractical or infeasible in many instances. Given the phase - in of HD OBD requirements that already exists however, we do not believe a delay to 2019 or 2020 is warranted. While not all of the engin es that would potentially have hy brid sy stems incorporated into their design are available in their final OBD configuration at the time of this action, it is clear that some engine sy stems will be available. Additionally , there is an expectation that engi ne manufacturers, their suppliers and customers will have to continue to work cooperatively to deliver products for the market. This cooperation must include a level of concurrent engineering prior to products being brought to market. At this time we bel ieve a delay to 2016 for the phase - in of OBD for heav y - dut y engines equipped with hy brid sy stems should provide the requisite lead time from the date of this action to the date of implementation for development of components and protocols necessary

for suc cessful integration of complete OBD s ys tems for engines equipped with hy

brid sy stems. Manufacturers will be required to implement feasible controls for these h ybrid sy stems that do not adversely impact emissions performance in 2013 and by 2016 - 17 , all sy stems must be full y compliant with OBD requirements. The phase in period takes into***** E.O. 12866 Review**
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354 of 971 account that current production sy stems are likel y to be smaller in terms of sales volumes than newl y developed systems, and may require more hardware and software develop ment as some of these s ys tems have been in production for nearl y a decade and have developed a proprietary s ys tem diagnostic capability that does not meet OBD requirements. The refore, this extended phase - in provides them an additional y ear of time to comp ly

with the heavy - duty

OBD regulations. Hy

brid sy stems put into production after January

1, 2013 will be required to meet the 2009 heavy - dut y OBD requirements in 2016 consistent with the next phase - in date for heavy - duty OBD, while those hy

brid sy stems re leased prior to January 1, 2013 have until 2017 to be compliant with these OBD requirements. If a manufacturer certifies an engine - hy brid s ys tem with CARB OBD in California prior to the required phase - in date (2016 or 2017), and its diagnostics meet or exceed the requirements for full 2013 OBD, the manufacturer must either use the CARB certified package for Federal release or phase in the package and certify it with full EPA OBD. In the interim, engine s ys tem diagnostics must show that they meet or exc eed CARB’s Engine Manufacturer Diagnostic Sy stems Requirements (EMD) including sy stem monitoring requirements for NO X aftertreatment, fuel sy stems, exhaust gas recirculation, particulate matter traps, and emission - related electronic components. 316 Specific EMD requirements will be considered met if they are redundant due to the installed engine's fully

functioning OBD content. Most manufacturers have already certified their engines with EMD for the 2011 model year, and full OBD as required in 2013 exceeds E MD requirements, therefore no new cost burden is expected as a result of this provision. Inaddition, new engines may be introduced in 2013 for h yb rid - only use and, in lieu of meeting full OB D, meeting EMD would result in cost savings because of the flexi bility

in scan - tool reporting and diagnostic content. In addition, the engine - hy brid sy stem must maintain existing OBD capability for engines where the same or equivalent engine (e.g. displacement) has been OBD certified. An equivalent engine is one pro duced b y the same engine manufacturer with the same fundamental design, but that may have no more than minor hardware or calibration differences, such as slightly different displacement, rated power, or fuel sy stem. Though the OBD capability

must be maint ained, it does not have to meet detection thresholds and in - use performance frequency requirements; for example, a manufacturer may modify detection thresholds to prevent false detection. As stated earlier, existing hy brid s ys tems sold today

have proprietary

diagnostic capability that is non - OBD compliant, but nonetheless will notify the driver of potential problems with the sy stem. Hy brid manufacturers must also continue to maintain this existing diagnostic capability to ensure proper function consistent with the performance for which the h yb rid sy stem is certified as well as, safe operation of the hy brid sy stem.

316 California Air Resources Board, Final Regulation Order for EMD, Section 1971 of Title 13, California Code of Regulations, effective December 30, 2004. Available her e; http://www.arb.ca.gov/regact/emd2004/fro.pdf***** E.O. 12866 Review**
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355 of 971 Finally , during the interim part of the phase - in, manufacturers that are not fully OBD compliant must also submit an annual pre - compliance report to the EPA for model ye ars 2013 and later. The engine manufacturers must submit this report with their engine certification information. Hy brid manufacturers that are not certifying the engine - hy brid sy stems must also submit an annual pre - compliance rep ort to the EPA. The report must include a description of the engine - hy brid sy stem being certified and related product plans, information as to activities undertaken and progress made b y the manufacturer in achieving full OBD certification including monito ring, diagnostics, and standardization; and deviations from an originall y certified full - OBD package with engineering justification. (d ) Applicability of Current High Altitude Provisions to Greenhouse Gases EPA is requiring that engines covered by this program must meet CO 2 , N 2 O and CH 4 standards at elevated altitudes. The CAA requires emission standards under section 202 for heav y - dut y engines to apply at all altitudes. EPA does not expect engine CO 2 , CH 4 , or N 2 O emissions to be significantly different at hi gh altitudes based on engine calibrations commonly

used at all altitudes. Therefore, EPA will retain its current high altitude regulations so manufacturers will not normally be required to submit engine CO 2 test data for high altitude. Instead, they will be required to submit an engineering evaluation indicating that common calibration approaches will be utilized at high altitude. Any deviation in emission control practices employed onl y at altitude will need to be included in the AECD descriptions submitt ed by manufacturers at certification. In addition, any

AECD specific to high altitude will be required to include emissions data to allow EPA to evaluate and quantify any emission impact and validity of the AECD. (e) Emission -Related Installation Instructions Engine manufacturers are currently required to provide detailed installation instructions to vehicle manufacturers. These instructions outline how to properly install the engine, aftertreatment, and other supporting s ystems, such that the engine will oper ate in its certified configuration. At the time of certification, manufacturers may be required to submit these instructions to EPA to verify that sufficient detail has been provided to the vehicle manufacturer. We do not anticipate an y major changes to this documentation as a result of regulating GHG emissions. The most significant impact will be the addition of language prohibiting vehicle manufacturers from installing engines into vehicle categories in which they are not certified for. An example would be a tractor manufacturer installing an engine certified for onl y vocational vehicle use. Explicit instructions on behalf of the engine manufacturer that such acts are prohibited will serve as sufficient notice to the vehicle manufacturers and failure to follow such instructions will in the vehicle manufacturer being in non - compliance.***** E.O. 12866 Review**
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356 of 971 (f ) Alternate CO2 Emission and Fuel Consumption Standards Under the final rules, engine manufacturers have the option of certifying to alternate CO 2 emission and fuel consumptio n standards for model ye ars 2014 through 2016. These alternate standards are defined as a certain percentage below a baseline value established from their corresponding 2011 model - ye ar products. Fo r instance, the alternate emission standard for light and medium heav y dut y FTP - certified (vocational) engines is equal to 0.975 times the baseline value. If a manufacturer elects to participate in this program it must indicate this on its certification application. In addition, sufficient details must be submi tted regarding the baseline engine such that the agency can verify that the correct optional CO 2 emission and fuel consumption standards have been calculated. These data will need to include the engine family name of the baseline engine, so references to the original certification application can be made, as well as test data showing the CO 2 emissions and fuel consumption of the baseline engine. **(4) Compliance Reports (a) Early Model Year Data**  NHTSA’s regulatory

text in the NPRM included specifications fo r manufacturers to submit pre - certification compliance reports for heav y - dut y en gines. The pre certification reports included requirements for manufactures to submit information to identify the t ypes of e ngine s, expected test results, production volumes and credits . The reporting requirements were general in nature despite there being an existing emissions program for heavy - duty engines. The existing ABT program for NO X and PM emissions for heav y - dut y engines has existed since 2001 (see 66 FR 5002 signed on January 18, 2001 ) but does not require reporting earl y model year compliance information. The agencies sought comments on the report provisions in the NPRM but commenters failed to offer recommendations on what content should be required. As a r esult, the agencies have decided to eliminate the pre - certification report because engine manufacturers have no experience in providing GHG information and the proposed information may not be available until subsequent model years. For the next phase of this GHG program, the agencies may

adopt a pre - model year report for engines. As an alternative to receiving earl y compliance model year information in the precertification reports, the agencies have decided to use manufacturer’s application for c ertificate s of conformity to obtain earl y model estimates. Currently , the applications for certificates are not required to include the fuel consumption information required by NHTSA. Therefore, the agencies are adopting provisions in the final rule s for manufac turers to provide emission and equivalent fuel consumption estimates in the manufacturer’s applications for certification. The agencies will treat information submitted in the applications as a manufacturer’s demonstration of providing earl y compliance in formation, similar to the pre - model year report submitted for heavy - dut y pick trucks and vans. T he final rule s establish a harmonized approach b y which manufacturers will submit applications through the EPA Verify database s ys tem as the single point of entry

for all information required for this national program and both agencies will have access to the information . If b y model year 2012, the agencies are not***** E.O. 12866 Review**
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357 of 971 prepared to receive information through the EPA Verify database s ys tem, manufacturers are expecte d to submit written applications to the agencies. This approach should streamline this process and reduce industry burden and provide sufficient information for the agenc ie s to carry

out their earl y compliance activities. **(b) Final Reports** For engines, the agencies proposed that manufacturers would submit EOY report s and final reports. An EOY report for manufacturers using the ABT program was required to be submitted no later than 90 day s after the calendar year and final report no later than 270 day s a fter the calendar ye ar. 317 Manufacturers not participating in the ABT program were required to provide an EOY report within 45 day s after the calendar year but no final reports were required. The final ABT report due date was established coinciding with EP A’s existing criteria pollutant report for heav y - dut y engines complying with NO X and PM standards . Similar to that program, the proposed EOY and final report s required receiv ing engine ty pe designation, engine famil y and credit plans for engine manufacturers . There were no comments received on the final reports for engines. For the final rule s , the agencies will retain the provisions as propos ed for the EOY and final reports. However, the agencies will consolidate the reporting as done for other vehicle categories and will require emissions and equivalent fuel consumption information to be submitted to EPA. T he final rule s establish a harmonized approach b y which manufacturers will submit applications to EPA as the single point of entry for al l information required for this national program and both agencies will have access to the appropriate information . If b y model year 2012, the agencies are not prepared to receive information through a database s ys tem, manufacturers are expected to submit written applications to the agencies. The agencies are also combining the EOY reports for manufacturers not using ABT to provide a product volume report due 90 day s after the end of the model year and the ABT report required 90 day s after the model year. A summary of the required information in the final rule s for EOY and final reports is as follows:

 E ngine family designation and averaging set.  E ngine emissions and fuel consumption standards including any alternative standards used  E ngine family FCLs.  F inal production volumes  Certified test cycles  Useful life values for engine families  A credit plan identifying the manufacturers actual credit balances, credit flexibilities, credit trades and a credit deficit plan if needed demonstrating how it plans to r esolve any credit deficits that might occur for a model year within a period of up to three model years after that deficit has occurred

317 Corresponding to the compliance model year***** E.O. 12866 Review**
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358 of 971 (c) Additional Required Information Throughout the model y ear, manufacturers may be required to submit various report s to the agencies to compl y w ith various aspects of the program . These reports have differing criteria for submission and approval. Table V - 1 below provides a summary of the t ypes of submission , required submission date s and the EPA and NHTSA regulations that apply for engines and engine manufacturers . The agencies will review an d grant an y appropriate request s considering the time liness of the submissions and the completeness of the requests.***** E.O. 12866 Review**
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359 of 971 **Table V**  **- 1**  **: Summary of Required Information for**  **HD Engine**  **Compliance** Submission Applies to Required Submissions Date EPA Regulation Reference NHTSA

Regulation Reference Small business exemptions E ngine manufacturers

meeting the Small Business Administration (SBA) size criteria of a small business as described in 13 CFR 121.201. Before introducing an y excluded vehicle into U.S. for commerce §1036.150 §535.8

In centives for early introduction The provisions apply with respect to tractors and vocational vehicles produced in model y ears before 2014 EPA must be notified before the manufacturer submits it applications for certificates of conformity §1036.150 §535.8 Voluntary compliance for NHTSA standards Engine manufacturers

seeking early

compliance in model years 2014 to 2016. NHSAT must be notified before the manufacturer submits it applications for certificates of conformity NA §535.8

Model year 2014 N 2 O standards. M anufacturers that choose to

show compliance with the MY 2014 N 2 O standards requesting to use an engineering anal ys is EPA must be notified before the manufacturer submits it applications for certificates of conformity §1036.150 NA Exemption from EOY reports Manufactures with surplus

credits at the end of the model year 90 - day s after the calendar year ends §1036. 730 §535.8 Alternative engine standards Engine manufacturers not

able to comply

with 1036.104 and wanting to use the alternative engine standard . EPA and NHTSA must be notified before the manufacturer submits it applications for certificates of conformity §1036.150 §535.8

Alternate phase - in Engine manufacturers want

to comply

with alternate phase in standards . EPA and NHTSA must be notified before the manufacturer submits it applications for certificates of conformity §1036.150 §535.8***** E.O. 12866 Review**
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360 of 971 

### D. **Class 7 and 8 Combination Tractors (1)**  **Compliance Approach**  In addition to requiring engine manufacturers to certify their engines, manufacturers of Class 7 and 8 combination tractors must also certify that their vehicles meet the CO 2 emission and fuel consump tion standards. This vehicle certification will ensure that efforts beyond just engine efficiency improvements are undertaken to reduce GHG emissions and fuel consumption. Some examples include aerodyn amic improvements, rolling resistance reduction, idle reduction technologies, and vehicle speed limiting sy stems. Unlike engine certification however, this certification will be based on a load specific basis (g/ton - mile or gal/1,000 ton - mile as opposed to work - based, or g/bhp - hr). This would take into acc ount the anticipated vehicle loading that would be experienced in use and the associated affects on fuel consumption and CO 2 emissions. Vehicle manufacturers will also be required to warrant their products against emission control sy stem defects, and demon strate that a service network is in place to correct any such conditions. The vehicle manufacturer also bears responsibility in the event that an emission - related recall is necessary . (a ) Certification Process In order to obtain a certificate of conformity for the tractor, the tractor manufacturer will complete a compliance demonstration, showing that their product meets emission standards as well as other regulatory requirements. For purposes of this demonstration, vehicles with similar emission characteri stics throughout their useful life are grouped together in vehicle families, which are defined primarily by the regulatory subclass of the vehicle. Manufacturers may further classify

vehicles together into sub families within a given vehicle famil y for a given regulatory subcategory . Examples of characteristics that would define a vehicle sub - family for heav y - dut y vehicles are wheel and tire package, aerodynamic profile, tire rolling resistance, and vehicle speed limiting sy stem. Compliance with the emiss ion standards (or FEL) will be determined at the sub family level. Under this sy stem, the worst - case vehicle configuration would be selected based on having the highest fuel consumption, and all other configurations within the family or sub - family

are assumed to have emissions and fuel consumption at or below the parent model and therefore in compliance with CO 2 emission an 2 d fuel consumption standards. Any vehicle within the family can be subject to selective enforcement auditing in addition to confirmatory

or other administrator testing. Vehicle families for Class 7 and 8 combination tractors will utilize the standardize d 12 - digit naming convention, as described along with the engine certification process in Section V.C.1.a, above . As with engines, each certifying vehicle manufacturer will have a unique three digit code assigned to them. Currently , there is no 5 th digit (industry sector) code for this class of vehicles, for which we propose d to use the next available character, “2.” The agencies originall y proposed that engine displacement be***** E.O. 12866 Review**
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361 of 971 included in the vehicle family name, however the wide range of engines availabl e across most regulatory

subcategories makes this requirement irrelevant and unnecessary at the time of this rulemaking. Therefore, we are reserving the remaining characters for California ARB and/or manufacturer use, such that the result is a unique vehi cle family name. Class 7 and 8 tractors share several common traits, such as the trailer attachment provisions, number of wheels, and general construction. However, further inspection reveals key

differences related to GHG emissions. Payloads hauled by Cl ass 7 tractors are significantl y less than Class 8 tractors. In addition, Class 8 vehicles may have provisions for hoteling (“sleeper cabs”), which results in an increase in size as well as the addition of comfort features like power and climate control fo r use while the truck is parked. Both segments may have various degrees of roof fairing to provide better aerod ynamic matching to the trailer being pulled. This is a feature which can help reduce CO 2 emissions significantly when properl y matched to the tr ailer, but can also increase CO 2 emissions if improperly matched. Based on these differences, it is reasonable to expect differences in CO 2 emissions, and therefore these properties form the basis for the final combination tractor regulatory subcategories . The various combinations of payload, cab size, and roof profile result in nine final regulatory

subcategories for Class 7 and 8 tractors. Class 7 tractors are divided into three regulatory

subcategories: one for low, one for mid roof height profiles, an d one for high roof profiles. The Class 7 tractors are subject to a 10 y ear, 185,000 regulatory useful life. Class 8 tractors are split into six regulatory subcategories reflecting two cab sizes (day and sleeper) and three roof height profiles (low, mid, and high). All Class 8 tractors are subject to a 10 year, 435,000 mile regulatory useful life. (b ) Demonstrating Compliance w ith the Final Standards (i ) CO2 and Fuel Consumption Standards As discussed at proposal, although whole - vehicle certification may be ultimately desirable for these vehicles, it is essentially infeasible to require it now. See 75 FR at 74270 - 71. Most commenters agreed, as did the NAS Report. Accordingl y, again consistent with the NAS Report, the agencies have developed a predictive mo del for demonstrating compliance with these initial standards for combination tractors. The agencies will continue to work toward improved methods for whole vehicle performance characterization, as suggested by some commenters. Model Vehicle modeling will be conducted using the agencies’ simulation model, the GEM, which is described in detail in Chapter 4 of the RIA with responses to comments in the Summary

and Anal ys is of Comments Document Section 7. Basicall y, this model functions by

defining a vehicle c onfiguration and then exercises the model over various drive cycles. Several initialization files are needed to define a vehicle, which include mechanical attributes, control algorithms, and driver inputs. The majority of these inputs***** E.O. 12866 Review**
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362 of 971 will be predetermin ed b y EPA and NHTSA for the purposes of vehicle certification. The net results from the GEM are weighted CO 2 emissions and fuel consumption values over the drive cycles. The CO 2 emission result will be used for demonstrating compliance with vehicle CO 2 s tandards while the fuel consumption result will be used for demonstrating compliance with the fuel consumption standards. The vehicle manufacturer will be responsible for entering up to seven inputs relating to the GHG performance of a vehicle configuratio n although, depending on the regulatory

c ategory , fewer inputs may be required. These inputs include the regulatory c ategory , coefficient of drag, steer tire rolling resistance, drive tire rolling resistance, vehicle speed limit, vehicle weight reduction, and idle reduction credit. For the GEM inputs relating to aerodynamics, the agencies have finalized lookup tables for frontal area and coefficient of drag based on t ypical performance levels across the industry. Manufacturers are responsible for assessin g the aerody namic performance of their vehicles through testing or a combination of testing and modeling. This test data is then used to select the most appropriate agency - defined bin for entry into the GEM. Tire rolling resistance is simply the measured rolling resistance of the tire in kg per metric ton as described in I SO 28580:2009. This measured value is expected to be the result of three repeat measurements of three different tires of a given design, giving a total of nine data points. It is the av erage of these nine results that will be entered into the GEM. Tire rolling resistance may be determined by

either the vehicle or tire manufacturer. In the latter case, a signed statement from the tire manufacturer confirming testing was conducted in acco rdance with this part is required. As previously

described, limiting vehicle speed can have a significant effect on fuel consumption and we believe that manufacturers should be recognized for including technology

that facilitates these limits. Also as des cribed, these vehicle speed limiters are not likely to be a simple device with a fixed top speed. “Soft top” limits based on driver behavior and limit expiration dates (or mileage) are two of the most common scenarios. To properl y assess the GHG and fuel consumption benefits in light of these features, we are defining the proper methodology for entering the vehicle speed limit into the GEM. This is based on an equation including terms for VSLexpiration (expiration factor) and VSLsoft - top (soft - top facto r and soft - top VSL). The result will be an effective vehicle speed limit reflecting the expected mileage and time that the limit will be used for. Additional details regarding this equation and its derivation can be found in RIA C hapter 2. For vehicle wei ght reduction, the agencies are primarily addressing the reduction of weight and perhaps number of wheels. This reduction is assessed relative to a standard combination tractor configuration with dual - wide rear tires with conventional steel wheels. Manuf

acturers may

elect to use single - wide tires/wheels and/or aluminum (or light - weight aluminum) wheels or other components to reduce the weight of their vehicles. The agencies have defined standard weight reduction levels associated with each weight reducti on technology for entry into the GEM. These reductions are listed in pounds per component, so manufacturers will need to multiply this reduction by

the number of affected components for their total weight reduction entry into the GEM.***** E.O. 12866 Review**
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363 of 971 Manufacturers of sle eper cabs electing to limit idle time to 300 seconds or less can claim a GHG benefit of 5 g/ton - mile and should be entered into the GEM as such. This benefit cannot be scaled to reflect shorter or longer allowed idle times, but can be scaled based upon expiration date. The agencies will utilize the appropriate engine map reflecting use of a certified engine in the truck (and will enter the same value even if an engine family is certified to the temporary

percent reduction alternative standard, in order to evaluate vehicle performance independently of engine performance.) We believe this approach reduces the testing burden placed upon manufacturers, yet adequatel y assesses improvements associated with select technologies. The model will be publicly availab le and will be found on EPA’s website. The agencies reserve the right to independently evaluate the inputs to the model by way of Administrator testing to validate those model inputs. The agencies also reserve the right to evaluate vehicle performance using the inputs to the model provided by the manufacturer to confirm the performance of the sy stem using GEM. This could include generating emissions results using the GEM and the inputs as provided by the manufacturer based on the agency ’s own runs. This could also include conducting comparable testing to v erify the inputs provided by

the manufacturer. In the event of such testing or evaluation, the Administrator’s results become the official certification results, the exception being that the manufacturer may continue to use their data as initially submitt ed, provided it represents a worst - case condition over the Administrator’s results. To better facilitate the entry of onl y the appropriate parameters, the agencies will provide a graphical user interface in the model for entering data specific to each vehi cle. In addition, EPA will provide a template that facilitates batch processing of multiple vehicle configurations within a given family . It is expected that this template will be submitted to EPA as part of the certification process for each certified ve hicle famil y or subfamily . For certification, the model will exercise the vehicle over three test cycles; one transient and two steady - state. For the transient test, we are using the heavy heavy - dut y diesel truck (HHDDT) transient test cycle, which was de veloped by the California Air Resources Board and West Virginia University to evaluate heavy - dut y vehicles. The transient mode simulates urban, start - stop driving, featuring 1.8 stops per mile over the 2.9 mile duration. The two steady state test points are reflective of the tendency for some of these vehicles to operate for extended periods at highway speeds. Based on data from the EPA’s MOVES database, and common highway speed limits, we are finalizing these two points to be 55 and 65 mph. The model wi ll predict the total emissions results from each configuration using the unique properties entered for each vehicle. These results are then normalized to the payload and distance covered, so as to yield a gram/ton - mile result, as well as a fuel consumption (gal/1,000 ton - mile) result for each test cycle. As with engine and vehicle testing, certification will be based on the worst - case configuration within a vehicle famil y***** E.O. 12866 Review**
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364 of 971 The results from all three tests are then combined using weighting factors, which r eflect ty pical usage patterns. The t ypical usage characteristics of Class 7 and 8 tractors with day cabs differ significantly

from Class 8 tractors with sleeper cabs. The trucks with day cabs tend to operate in more urban areas, have a limited travel ran ge, and tend to return to a common depot at the end of each shift. Class 8 sleeper cabs, however, are ty picall y used for long distance trips which consist of mostly highway driving in an effort to cover the highest mileage in the shortest time. For these reasons, we proposed that the cycles are weighted differently for these two groups of vehicles. For Class 7 and 8 trucks with day cabs, we propose weights of 64%, 17%, and 19% (65 mph, 55 mph, and transient, resp.). For Class 8 with sleeper cabs, the hi gh speed cruise tendency results in final weights of 86%, 9%, and 5% (65 mph, 55 mph, and transient, respectively). These final, weighted emission results are compared to the emission standard to assess compliance. The agencies received comments regardin g the duty cycles and the weighting factors used for assessing emissions compliance. In making final determination for the cycle weighting factors, the agencies considered those comments, as well as the agencies’ own data in determining the final weightin g factors and duty cycles to be used for determining emissions compliance. Demonstration of compliance is also available through the use of credits generated as part of the Averaging, Banking, and Trading Program (ABT) as described earlier in this Preambl e. Additionally, compliance may be demonstrated through the use of a Vehicle Speed L imiter (VSL) and the application of the VSL is accounted for as another input to the GEM for assessing GHG and fuel consumption emissions performance. Durability Testing As with engine certification, a manufacturer must provide evidence of compliance through the regulatory

useful life of the vehicle. Factors influencing vehicle - level GHG performance over the life of the vehicle fall into two basic categories: vehicle attributes and maintenance items. Each category merits different treatment from the perspective of assessing useful life compliance, as each has varying degrees of manufacturer versus owner/operator responsibility . The category

of vehicle attributes generall y refers to aerodynamic features, such as fairings, side - skirts, air dams, air foils, etc, which are installed b y the manufacturer to reduce aerodynamic drag on the vehicle. These features have a significant impact on GHG emissions and their emission reducti on properties are assessed early in the useful life (at the time of certification). These features are expected to last the full life of the vehicle without becoming detached, cracked/broken, misaligned, or otherwise not in a state which provides the orig inal GHG emissions reduction. In the absence of the aforementioned failure modes, the performance of these features is not expected to degrade over time and the benefit to reducing GHG emissions is expected to last for the life of the vehicle with no spec ial maintenance requirements. To assess useful life compliance, we are following a design - based approach which will ensure that the manufacturer has robustly designed these features so they can reasonabl y be expected to last the useful life of the vehicle.***** E.O. 12866 Review**
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365 of 971 The category

of maintenance items refers to items that are replaced, renewed, cleaned, inspected, or otherwise addressed in the preventative maintenance schedule specified b y the vehicle manufacturer. Replacement items that have a direct influence on GHG emissions are primarily tires and lubricants. Sy

nthetic engine oil may be used b y vehicle manufacturers to reduce the GHG emissions of their vehicles. Manufacturers may specify that these fluids be changed throughout the useful life of the vehicle. If th is is the case, the manufacturer should have a reasonable basis that the owner/operator will use fluids having the same properties. This may be accomplished by

requiring (in service documentation, labeling, etc) that onl y these fluids can be used as replac ements. If the vehicle remains in its original certified condition throughout its useful life, it is not believed that GHG emissions would increase as a result of service accumulation. This is based on the assumption that as components such as tires wear, the rolling resistance due to friction is likely to stay the same or decrease. With all other components remaining equal (tires, aerody namics, etc), the overall drag force would stay the same or decrease, thus not significantly changing GHG emissions at the end of useful life. It is important to remember however, that this vehicle assessment does not take into account any engine - related wear affects, which may in fact increase GHG emissions over time. The agencies received comments from engine and trac tor manufacturers requesting an assigned deterioration factor of zero for GHG emissions. As discussed previously , the agencies will allow the use of an assigned deterioration factor of zero where appropriate in Phase 1, however this does not negate the res ponsibility of the manufacturer to ensure compliance with the emissions standards throughout the useful life. For the reasons explained above, we believe that for the first phase of this program, it is most important to ensure that the vehicle remain in i ts certified configuration throughout the useful life. This can most effectivel y be accomplished through engineering analy sis and specific maintenance instructions provided by the vehicle manufacturer. The vehicle manufacturer would be primarily responsib le for providing engineering analy sis demonstrating that vehicle attributes will last for the full useful life of the vehicle. We anticipate this demonstration will show that components are constructed of sufficiently robust materials and design practices so as not to become dy sfunctional under normal operating conditions. For instance, we expect aerodynamic fairings to be constructed of materials similar to that of the main body of the vehicle (fiberglass, steel, aluminum, etc) and have sufficient support and attachment mechanisms so as not to become detached or broken under normal, on - highway driving. (ii) EPA’s Air Conditioning Leakage Standards Heav y - dut y vehicle air conditioning sy stems contribute to GHG emissions in two way s. First, operation of the air c onditioning unit places an accessory load on the engine, which increases fuel consumption. Second, most modern refrigerants are HFC - based, which have significant global warming potential (GWP=1430). For heav y - duty vehicles, the load added b y the air condit ioning sy stem is comparativel y small compared to other power requirements of the vehicle. Therefore, we are not targeting an y GHG reduction due to decreased air conditioning usage or higher efficiency A/C units for this final***** E.O. 12866 Review**
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366 of 971 action . However, refrigerant l eakage, even in very small quantities, can have significant adverse effects on GHG emissions. Refrigerant leakage is a concern for heav y - dut y vehicles, similar to light - duty vehicles. To address this, EPA is finalizing a design - based standard for reduci ng refrigerant leakage from heav y - dut y pickups and vans and combination tractors. This standard is based off using the best practices for material selection and interface sealing, as outlined in SAE publication J2 727. Based on design criteria in this pub lication, a leakage “score” can be assessed and an estimated annual leak rate can be made for the A/C sy stem based on the refrigerant capacity . (There is no requirement for vocational vehicle AC leakage for reasons explained at 75 FR 74211.) At the time of certification, manufacturers w ill be required to outline the design of their sy stem, including the specif ication of materials and construction methods. They will also need to supply

the leakage score developed using SAE J2727 and the refrigerant volume o f their sy stem to determine the leakage rate per year. If the certifying manufacturer does not complete installation of the air conditioning unit, detailed instructions must be provided to the final installer wh o ensures that the A/C sy stem is assembled t o meet the low - leakage standards. These instructions will also need to be provided at the time of certification, and manufacturers must retain all records relating to auditing of the final assembler. (c) In - Use Standards As previously

addressed, the drive - cycle dependence of CO 2 emissions makes NTE - based in - use testing impractical. In addition, we believe the reporting of CO 2 data from the criteria pollutant in - use testing program will be helpful in future rulemaking efforts. For these reasons, we are not finalizing an NTE - based in - use testing program for Class 7 and 8 combination tractors for this program . In the absence of NTE - based in - use testing, provisions are necessary for verifying that production vehicles are in the certified configuration, and remain so throughout the useful life. Perhaps the easiest method for doing this is to verify the presence of installed emission - related components. This would basically consist of a vehicle audit against what is claimed in the certification applicatio n. This includes verifying the presence of aerod ynamic components, such as fairings, side - skirts, and gap - reducers. In addition, the presence of idle - reduction and speed limiting devices would be verified. The presence of LRR tires could be verified at th e point of initial sale; however verification at other points throughout the useful life would be non - enforceable for the reasons mentioned previously . The category

of wear items primarily

relates to tires. It is expected that vehicle manufacturers will equip their trucks with LRR tires, as they may provide a reduction in GHG emissions. The tire replacement intervals for this class of vehicle is normally in the range of 50,000 to 100,000 miles, which means the owner/operator will be replacing the tires at several points within the useful life of the vehicle. We believe that as LRR tires become more common on new equipment, the aftermarket prices of these tires will also***** E.O. 12866 Review**
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367 of 971 decrease. The primary

barrier to the introduction of more fuel efficient tire designs into the truck market is the upfront costs of tire development and upfront capital costs for new production machinery

(e.g., new tire molds). Once manufacturers have sunk these costs into new tire designs and production facilities in order to meet our ve hicle standards, there is little barrier for bringing these better products into the replacement tire market as well. Our regulations will effectivel y force OEMs to make these investments in tire designs and, having done so, should lead to better tires no t only for new vehicles but in the replacement tire market as well. Along with decreasing tire prices, the fuel savings realized through use of LRR tires will ideally provide enough incentive for owner/operators to continue purchasing these tires. Thus, the inventory modeling in this final action reflects the continued use of LRR tires through the life of the vehicle . **(2) Enforcement Provisions**  As identified above, a significant amount of vehicle - level GHG reduction is anticipated to come from the use of c omponents specificall y designed to reduce GHG emissions. Examples of such components include LRR tires, aerody namic fairings, idle reduction s ys tems, and vehicle speed limiters. At the time of certification, vehicle manufacturers will specify which compo nents will be on their vehicle when introduced into commerce. Based on this list of installed components, GHG emissions performance of the vehicle will be assessed using the GEM, and compliance with the family (or subfamily) emissions limit will need to be shown. Given the ability of manufacturers to demonstrate compliance through the use of flexibility provisions, as previously described, that will be taken into account when assessing the performance for purposes of enforcement. Additionally , should enfo rcement action be necessary against sy stems certified using the flexibility provisions, credit balances generated through the use of the provisions may

be reduced as a consequence of enforcement activity . As described in the in - use testing section, it is i mportant to have the ability to determine if the vehicle is in the certified configuration at the time of sale. Perhaps the most practical and basic method of verifying that a vehicle is in its certified configuration is through a vehicle emissions control information label, similar to that used for engines and light - duty vehicles. We proposed that this label list identifying features of the vehicle, including model ye ar, vehicle model, certified engine family , vehicle manufacturer, test group, and GHG em issions category . In addition, this label would list emission - related components that an inspector could reference in the event of a field inspection. Possible examples may include LRR (for LRR tires), ARF (aerod yn amic roof fairing), and ARM (aerodynamic rearview mirrors). With this information, inspectors could verify the presence and condition of attributes listed as part of the certified configuration. Several comments were received voicing concern that the large number of vehicle permutations within a gi ven vehicle family (and perhaps vehicle subfamil y) would lead to a large number of unique labels, at significant cost and labor burden to the manufacturer. In addition, including generic emission control s ystem (EC) identifiers for vehicles would add a significant burden while providing little usable information for inspectors. A common example given in the comments was that simply identifying “ARF” for a roof***** E.O. 12866 Review**
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368 of 971 fairing would not be sufficiently detailed for an inspector to know whether the correct roof fa iring is present. As a result of these concerns, commenters suggested that vehicle labels only

include a minimal amount of information such as a compliance statement, vehicle famil y name, and date of manufacture. The agencies generall y agree with the conc erns raised by the commenters and do not wish to add burdensome and arbitrary labeling requirements. Concurrently , we also remain committed to giving agency inspectors adequate tools to ensure a vehicle is in its certification at least at the time of sale . Therefore, we are finalizing a vehicle label requirement that includes:

- Compliance statement

- Vehicle manufacturer

- Vehicle family

(and subfamily)

- Date of manufacture

- Regulatory

subcategory

- Emission control sy stem identifiers To address the concerns from vehicle manufacturers identified above, particularly related to emission control (EC) identifiers, we believe a combination of selectable information on the label as well as a set of EPA - defined EC identifiers will provide a useful, but not overly

bur densome labeling scheme. Since the intent of these identifiers is to provide inspectors with a means for simpl y verifying the presence of a component, we do not believe overl y detailed identifiers are necessary , particularl y for tires and aerod ynamic comp onents. For instance, current engine regulations require that three - way catal ys ts be identified on engine labels as “TWC.” However, unique details such as catal ys t size, loading, location, and even the number of catal ys ts are not on the label. In similar fashion, we believe that identifying tires and aerody namic components in a general sense will prove similarly effective in determining if a vehicle has been built as intended or if it has been modified prior to being offered for sale. EPA is requiring th at components for which vehicle certification is dependent upon be identified on the label. This includes limited aerodyn amic components (roof fairings, side skirts, & gap reducers), vehicle speed limiters, LRR tires, and idle reduction components. If veh icle certification also depends on the use of innovative or advanced technologies, this too must be included on the label. The following identifiers must be used for the emission control label: Vehicle Speed Limiters

- VSL

– Vehicle speed limiter

- VSL S

– “Soft - top” vehicle speed limiter***** E.O. 12866 Review**
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369 of 971 - VSLE

– Expiring vehicle speed limiter

- VSLD

– Vehicle speed limiter with both “soft - top” and expiration Idle Reduction Technology

- IR T5

– Engine shutoff after 5 minutes or less of idling

- IR TE

– Expiring engine shuto ff Tires

- LRRD

– Low rolling resistance tires

– Drive ( CRR of 8.2 kg/metric ton or less)

- LRRS

– Low rolling resistance tires

– Steer ( CRR of 7.8 kg/metric ton or less)

- LRRA

– Low rolling resistance tires

– All (meeting appropriate criteria for steer & drive) Aerod ynamic Components

- ATS

– Aerod yn amic side skirt and/or fuel tank fairing

- ARF

– Aerody

namic roof fairing

- ARFR

– Adjustable height aerodynamic roof fairing

- TGR

– Gap reducing fairing (tractor to trailer gap) Other Components

- ADV

– Vehicl e includes advanced technology components

- ADVH

– Vehicle includes hy brid powertrain

- INV

– Vehicle includes innovative technology components On the vehicle label, several (if not all), available EC identifiers available in a given subfamily

can be liste d and the appropriate selections can be made at the time of assembly based on each unique vehicle configuration. This practice is common on engine ECIlabels (normall y for month/year of manufacture) and selections are made using a punch, stamp, check mark or other permanent method. This provides inspectors with the information they

need while still affording flexibility to manufacturers with several unique vehicle configurations. At the time of certification, manufacturers will be required to submit an exam ple of their vehicle emission control label such that EPA can verify that all critical elements mentioned above are present. In addition to the label, manufacturers will also need to***** E.O. 12866 Review**
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370 of 971 describe where the unique vehicle identification number and date of produ ction can be found on the vehicle (if the date is not present on the label) The agencies received several comments requesting the inclusion of consumer focused labels for heav y - duty vehicles. These requests mainly involved labels similar to those found on passenger vehicles, allowing consumers to easily determine and compare fuel efficiency

between vehicles. While we agree that such labels proven to be valuable to consumers in the light - duty market when shopping and comparing vehicles, the vast array of in - use drive cycles for heavy - dut y vehicles and significant impact on GHG emissions reduce the intrinsic value of such fuel efficiency data to consumers. Additionally , man y heavy - dut y vehicles are unique and purpose - built which prevents direct comparison to other vehicles. The agencies may revisit this topic for future rulemaking activities, however there is no consumer label requirement in this final action . **(3) Other Certification**  **Provisions** (a ) Warranty Section 207 of the CAA requires manufacturers to warrant thei r products to be free from defects that would otherwise cause non - compliance with emission standards. For purposes of this regulation, vehicle manufacturers must warrant all components which form the basis of the certification to the GHG emission standard s. The emission related warranty

covers vehicle speed limiters, idle shutdown sy stems, fairings, h ybrid sy stem components, and other components to the extent such components are included in the certified emission controls. The emission - related warrant y al so covers tires and all components whose failure would increase a vehicle's evaporative emissions (for vehicles subject to evaporative emission standards, which could include components which received innovative or advanced technology credits) . In addition , the manufacturer must ensure these components and sy stems remain functional for the warranty period defined in 40 CFR Part 86 for the engine used in the vehicle, generally defined as half of the regulatory

useful life. As with heavy - dut y engines, manufac turers may offer a more generous warranty , however the emissions related warranty may not be shorter than an y other warrant y offered without charge for the vehicle. If aftermarket components are installed (unrelated to emissions performance) which offer a longer warranty , this will not impact emission related warranty obligations of the vehicle manufacturer. NHTSA, for this phase of the program, is not finalizing any warranty requirements relating to its fuel consumption rule. Several comments were recei ved from vehicle manufacturers voicing concern that tire warranties should be the responsibility of the tire manufacturer, not the vehicle manufacturer. It has been, and remains, EPA policy to hold the certifying entities responsible for warrant y obligati ons. In this case, tire manufacturers are not certificate holders and therefore we do not believe it is appropriate for them to independently warrant their products. The agencies see this as no different than requiring turbocharger or fuel injector manufac turers to provide warranties related to heav y - dut y engines. However, we do believe that vehicle manufacturers can and should hold tire manufacturers responsible for warranty of their products as part of their sourcing and***** E.O. 12866 Review**
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371 of 971 purchasing agreements. As propos ed, tires are only required to be warranted for the first life of the tires (vehicle manufacturers are not expected to cover replacement tires). For heav y - dut y pickups and vans and combination tractors, the vehicle manufacturer is also required to warrant the A/C sy stem against design or manufacturing defects causing refrigerant leakage in excess of the standard. The warranty period for the A/C sy stem is identical to the vehicle warrant y period as described above. At the time of certification, manufacturer s must supply a copy of the warranty statement that will be supplied to the end customer. This document should outline what is covered under the GHG emissions related warranty as well as the length of coverage. Customers must also have clear access to th e terms of the warrant y, the repair network, and the process for obtaining warrant y s ervice. (b ) Maintenance Vehicle manufacturers are required to outline maintenance schedules that ensure their product will remain in compliance with emission standards through out the useful life of the vehicle. For heav y - dut y vehicles, such maintenance may include fluid/lubricant service, fairing adjustments, or service to the GHG emission control sy stem. This schedule is required to be submitted as part of the application for certification. Maintenance that is deemed to be critical to ensuring compliance with emission standards is classified as “critical emission - related maintenance.” Generally , manufacturers are discouraged from specifying that critical emission - related maint enance is needed within the regulatory useful life of the engine. However, if such maintenance is unavoidable, manufacturers must have a reasonable basis for ensuring it is performed at the correct time. This may be demonstrated through several methods inc luding survey data indicating that at least 80% of engines receive the required maintenance in - use or manufacturers may

provide the maintenance at no charge to the user. Manufacturers will be required to submit the recommended emission - related maintenanc e schedule (and other service related documentation) at the time of certification. This documentation should provide sufficient detail to allow the owner/operator of the vehicle to maintain the emission control sy stem in a way that will ensure functionali ty

as intended. This would include items such as periodic inspection of aerod ynamic components and maintenance unique to advanced or innovative technologies. In addition, these instructions should provide the owner/operator with adequate information to rep lace consumable components (such as tires) with comparable replacements. Since low rolling resistance tires are key emission control components under this program , and will likel y require replacement at multiple points within the life of a vehicle, it is l ogical to clarify how this fits into the emission - related maintenance requirements. While the agencies encourage the exclusive use of LRR tires throughout the life of heav y - dut y vehicles, we recognize that it is inappropriate at this time to hold vehicle manufacturers responsible for ensuring that this occurs. Additionally , we believe that owner/operators have a legitimate financial motivation for ensuring their vehicles are as fuel efficient as possible, which includes purchasing LRR replacement tires. However***** E.O. 12866 Review**
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372 of 971 owner/operators may

not have a sound knowledge of which replacement tires to purchase to retain the as - certified fuel efficiency of their vehicle. To address this concern and in response to comments from vehicle manufacturers, we are requiring that vehicle manufacturers suppl y adequate information in the owner’s manual to allow the owner/operator of the vehicle to purchase tires meeting or exceeding the rolling resistance performance of the original equipment tires. We expect that these instruction s will be submitted to EPA as part of the application for certification. (c) Certification Fees Similar to engine certification, the agency will assess certification fees for heavy duty vehicles. The proceeds from these fees are used to fund the compliance and certification activities related to GHG regulation for this regulatory category . In addit ion to the certification process, other activities funded by certification fees include EPA administered in - use testing, selective enforcement audits, and confirmatory testing. At this point, the exact costs associated with the heavy - dut y vehicle GHG comp liance are not well known. EPA will assess its compliance program cost associated with this program and assess the appropriate level of fees. We anticipate that fees will be applied based on vehicle families, following the light - dut y vehicle approach. (d ) Re quirements f

or Conducting Aerodynamic Assessment Using the Modified Coastdown Reference Method and Alternative Aerodynamic Methods The requirements for conducting aerodynamic assessment using the modified coastdown reference method and alternative aerody namic methods includes two key components: adherence to a minimum set of standardized criteria for each allowed method and submittal of aerodynamic values and supporting information on an annual basis for the purposes of certifying vehicles to a particular aerodyn amic bin as discussed in Section II. First, we are finalizing requirements for conducting the modified coastdown reference method and each of the alternative aerody namic assessment methods. We will cite approved and published standards and practices, where feasible, but will define criteria where none exists or where more current research indicates otherwise. A description of the requirements for each method is discussed later in this section. The manufacturer will be required to provide p erformance data on its vehicles and attest to the accuracy of the information provided. Second, to ensure continued compliance, manufacturers will be required to provide a minimum set of information on an annual basis at certification time 1) to support c ontinued use of an aerodyn amic assessment method and 2) to assign an aerod ynamic value based on the applicable aerodynamic bins. The information supplied to the agencies should be based on an approved aerody namic assessment method and adhere to the requir ements for conducting aerodynamic assessment mentioned above. The annual submission may be based on coastdown testing conducted consistent with the modified protocol detailed in this rulemaking or with an approved alternative***** E.O. 12866 Review**
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373 of 971 method. The coastdown testing must be conducted using the Modified Protocol which uses SAE J1263 as a basis with some elements of SAE J2263 (e.g., post - processing and anal ys is techniques), in addition to the modifications developed in response to industry comments which raised concern s regarding test to test variability . In addition to 8 valid coastdown runs in each direction, manufacturers using in house test methods should provide an adjustment factor for relating their drag coefficient based on their in - house method to the referen ce method, modified coastdown. The basis for the adjustment factor is: Adjustment Factor = Cd coastdown / Cd in - house For the test article used for certification that differs from the test article used for reference method testing, determine Cd to use for aerod ynamics bin determination as described below. Cd certification BI

N = Adjustment Factor x Cd in - house measured The specific requirements for the test article used in reference method testing using the coastdown procedures should meet the require ments listed in Table V - 2 through Table V - 5, below .***** E.O. 12866 Review**
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374 of 971 **Table V**  **- 2**  **: Reference**  **Method Test Vehicle Specifications** 

**53’ Air Ride Dry Vans** Length: 53 feet (636 inches) +/ - 1 inch Width: 102 inches +/ - 0.5 inches Height: 102 inches (162 inches or 13 feet, 6 inches (+0.0 inch/ - 1 inch) from the ground) Capacity : 3800 cubic feet Assumed trailer load/capacity : 45,000 lbs. Suspension: Any (see “trailer ride height” below) Corners: Rounded with a radius of 5.5 inches +/ - 0.5 inches Bogie/Rear Axle Position: Tandem axle (std), 146 inches +/ - 3.0 inches from rear axle centerline to rear of trailer. set to California position Skin: Generally smooth with flush rivets Scuff band: Generally smooth, flush with sides (protruding ≤ 1/8 inch) Wheels: 22.5 inches. D uals . Std mudflaps Doors: Swing doors Undercarriage/Landing Gear: Std landing gear, no storage boxes, no tire storage, 105 inches +/ - 4.0 inches from front of trailer to centerline of landing gear Underride Guard Equipped in accordance with 49 CFR §393.86 Tires for the Standard Trailer and the Tractor: a. Size: 295/75R22.5 or 275/80R22.5 b. CRR<5.1 kg/metric ton (In addition, the CRR for trailer tires in GEM should be updated to 5.0 kg/metric ton.) c. Broken in per section 8.1 of SAE J1263 d. Pressure per section 8.5 of SAE J1263 e. No uneven wear f. No re - treads g. Should these tires or appropriate Smart Way tires not be available, the Administrator testing may include tires used by the manufacture r for certification. Test Conditions: 1. Tractor - trailer gap: 45 inches +/ - 2.0 inches 2. King pin setting: 36 inches +/ - 0.5 inches from front of trailer to king pin center line 3. Trailer ride height: 115 inches +/ - 1.0 inches from top of trailer to fifth wheel plate, measured at the front of the trailer, and set within trailer height boundary from ground as described above 4. Mudflaps: Positioned immediately following wheels of last axle***** E.O. 12866 Review**
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375 of 971 **Table V**  **- 3**  **: Reference Method**  **C oastdown**  **Test Track Condition**  **Specifications** Parameter Range Coastdown speed range 70 mph to 15 mph Average wind speed at the test site (for each run in each direction) < 10 mph Maximum wind speed (for each run in each direction) <12.3 mph Average cross wind speed (for each run in each direction at the site) < 5 mph All valid coastdown runs in one direction Within 2 standard deviations of the other valid coastdown runs in that same direction Grade of the test track < 0. 02% or account for the impact of gravity as described in SAE J2263 Equation 6.

**Table V**  **- 4**  **: Standard Tanker Trailer for Special Testing** 

**Tanker** Length: 42 feet ± 1 foot, overall 40 feet ± 1 foot, tank Width: 96 inches ± 2 Height: 140 inches (overall, from ground) Capacity : 7,000 gallons Suspension: Any (see “trailer ride height” below) Tank: Generally cylindrical with rounded ends. Bogie: Tandem axle (std). Set to furthest rear position. Skin: Generally smooth Structures: (1) Centered, manhole (20 inch opening), (1) ladder generall y centered on side, (1) walkway (extends lengthwise) Wheels: 24.5 inches. Duals . Tanker Operation Empty***** E.O. 12866 Review**
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376 of 971 **Table V**  **- 5**  **: Standard Flatbed Reference Trailer**  **for Special Testing Flatbed**  Length: 53 feet Width: 102 inches Flatbed Deck Heights: Front: 60 inches ± 1⁄2 inch Rear: 55 inches ± 1⁄2 inch Wheels / Tires 22.5 inch diameter tire with steel or aluminum wheels Bogie Tandem axles, may be in “spread” configuration up to 10 feet ± 2 inches. Air suspension Load Profile: 25 inches from the centerline to either side of the load; Mounted 4.5 inches above the deck. Load height 31.5 inches above the load support.

Regar dless of the method, all testing using high - roof sleepers should be performed with a tractor - trailer combination to mimic real world usage. Accordingl y, it is important to match the ty pe of tractor with the correct trailer. Although, as discussed elsewhe re in this rulemaking, the correct tractor - trailer combination is not alway s present or tractor - only

operation may

occur, the majority

of operation in the real world involves correctly matched tractor - trailer combinations and we will attempt to reflect that here. Therefore, when performing an aerodyn amic assessment for a Class 7 and 8 tractor with a high roof, a standard box trailer must be used. The definitions of the standard trailer are further detailed in §1037.501(g). This ensures consistency

and continuity

in the aerody

namic assessments, and maintains the overlap with real world operation. As mid - roof and low - roof coastdown testing will be conducted without the trailer if the aerodynamic bin is not extrapolated from a high - roof version, then testing using other methods should also be conducted based on the tractor alone. (e) Standardized Criteria for Aerodynamic Assessment Methods (i ) Coastdown Procedure Requirements For coastdown testing, the test runs should be conducted in a manner consistent with SAE J1263 with additional modifications as described in the 40 CFR part 1066, subpart C, and in Chapter 3 of the RIA using the mixed model analy sis method. Since the coas tdown procedure is the primary aerody namic assessment method, the manufacturer would be required to conduct the coastdown procedure according to the requirements in this final action and supply the following information to the agency for approval:
 Facilit y information: name and location, description and/or

background/history , equipment and capability , track and facility elevation, track grade and track size/length;***** E.O. 12866 Review**
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377 of 971  Test conditions for each test result including date and time, wind speed and direction, amb ient temperature and humidity , vehicle speed, driving distance, manufacturer name, test vehicle/model ty pe, model y ear, applicable model engine family , tire t yp e and rolling resistance, test weight and driver name(s) and/or ID(s);
 Average C d result as cal culated in 40 CFR 1037.520(b) from valid tests including, at a minimum, ten valid test results, with no maximum number, standard deviation, calculated error and error bands, and total number of tests, including number of voided or invalid tests. (ii) Wind Tun nel Testing Requirements Wind tunnel testing would conform to the following procedures and modifications, where applicable, including:

 SAE J1252, “ SAE WI ND TUNNEL TEST PROCEDURE FOR TRUCKS AND BUSES” (July 1981) shall be followed with the following excep tions: section 5.2 is modified to specify a minimum Rey

nold's number (Re min ) of 1.0 x 10 6 and your model frontal area at zero yaw angle may exceed the recommended 5 percent of the active test section area, provided it does not exceed 25 percent ; section 6.0 is modified to add the requirement that, for reduced - scale wind tunnel testing, a one - eighth (1/8th) or larger scale model of a heav y - dut y tractor and trailer must be used; for reduced - scale wind tunnel testing, section 6.1 is modified to add the requi rement that the model be of sufficient design to simulate airflow through the radiator inlet grill and across an engine geometry representative of those commonly in your test vehicle. ;  J1594, “VEHI CL E AERODYNAMICS TERMINOLOGY” (December 1994); and
 J2071, “AERODYNAMIC TESTI NG OF ROAD VEHICLES - OPEN THROAT WI

ND TUNNELADJUSTMENT” (June 1994). In addition, the wind tunnel used for aerodyn amic assessment would be a recognized facility

by the Subsonic Aerody

namic Testing Association . If your wind tunnel is no t capable of testing in accordance with these EPA modified SAE procedures, yo u may request EPA approval to use this wind tunnel and must demonstrate that your alternate test procedures produce data sufficiently accurate for compliance. This must be approv ed b y EPA prior to method validation and correlation factor development . We are finalizing the provisions that manufacturers that perform wind tunnel testing do so based on the requirements detailed in this action. The wind tunnel tests should be conduct ed at a zero yaw angle and, if so equipped, utilizing the moving/rolling floor (i.e., the moving/rolling floor should be on during the test as opposed to static ) for comparison to the coastdown procedure, which corrects to a zero yaw angle for the oncoming wind. However, manufacturers may be required to test at yaw angles other than zero (e.g.,***** E.O. 12866 Review**
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378 of 971 positive and negative six) if they voluntarily

seek to improve their GHG emissions score for a given model using additional yaw sweep. The manufacturer is required to supply the following:
 Facilit y information: name and location, description and background/history , layout, wind tunnel ty pe, diagram of wind tunnel layout, structural and material construction;
 Wind tunnel design details: corner turning vane type and material, air settling, mesh screen specification, air straightening method, tunnel volume, surface area, average duct area, and circuit length;
 Wind tunnel flow quality : temperature control and uniformity , airflow quality , minimum airflow velocity , flow uniformity , angularit y and stability , static pressure variation, turbulence intensity , airflow acceleration and deceleration times, test duration flow quality , and overall airflow qualit y achievement;
 Test/Working section information: test section ty pe (e .g., open, closed, adaptive wall) and shape (e.g., circular, square, oval), length, contraction ratio, maximum air velocity , maximum dy namic pressure, nozzle width and height, plenum dimensions and net volume, maximum allowed model scale, maximum model hei ght above road, strut movement rate (if applicable), model support, primary boundary

layer slot, boundary

layer elimination method and photos and diagrams of the test section;
 Fan section description: fan ty pe, diameter, power, maximum rotational speed, m aximum top speed, support ty pe, mechanical drive, sectional total weight
 Data acquisition and control (where applicable): acquisition ty pe, motor control, tunnel control, model balance, model pressure measurement, wheel drag balances, wing/body panel balances, and model exhaust simulation
 Moving ground plane or Rolling Road (if applicable): construction and material, yaw table and range, moving ground length and width, belt type, maximum belt speed, belt suction mechanism, platen instrumentation, temperature control, and steering; and
 Facilit y correction factors and purpose. (iii) CFD Requirements Currently , there is no existing standard, protocol or methodology governing the use of CFD. Therefore, we are establishing a minimum set of criteria based on today ’ s***** E.O. 12866 Review**
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379 of 971 practices and coupling the use of CFD with empirical measurements from coastdown and, for gaining innovative technology credits, wind tunnel procedures. Since there are primarily two - ty pes of CFD software code, Navier - Stokes based and Lattice - Boltzman b ased, we are outlining two sets of criteria to address both ty pes. Therefore, the agencies are requiring that manufacturers use commercially - available CFD software code with a turbulence model included or available. . Further details and criteria for ea ch ty pe of commerciall y - available CFD software code follows immediately and general criteria for all CFD anal ys is are subsequently described. For Navier - Stokes based CFD code, manufacturers must perform an unstructured, time - accurate anal ys is using a mesh grid size with total volume element count of at least fifty million cells of hexahedral and/or pol yh edral mesh cell shape, surface elements representing the geometry consisting of no less than six million elements and a near wall cell size corresponding to a y+ value of less than three hundred with the smallest cell sizes applied to local regions of the tractor and trailer in areas of high flow gradients and smaller geometry features. Navier - Stokes - based analy sis should be performed with a turbulence model (e.g., k - epsilon (k - ε), shear stress transport k - omega (SST k - ω) or other commerciall y - accepted method) and mesh deformation (if applica ble) enabled with boundary

layer resolution of +/ - 95 percent . Finall y, Navier - Stokes based CFD anal ys is for the purposes of determining the Cd should be performed once result convergence is achieved. Manufacturers should demonstrate convergence by suppl ying multiple, successive convergence values. For Lattice - Boltzman based CFD code, manufacturers must perform an unstructured, time - accurate anal ys is using a mesh grid size with total number of volume elements of at least fifty

million with a near wall cell siz e of no greater than six millimeters on local regions of the tractor and trailer in areas of high flow gradients and smaller geometry

features, with cell sizes in other areas of the mesh grid starting at twelve millimeters and increasing in size from this value as the distance from the tractor trailer model increases . In general for CFD, all analy sis should be conducted using the following conditions: a tractor - trailer combination using the manufacturer’s tractor and the trailer according to the trailer specifications in this regulation, an environment with a blockage ratio of less than or equal to 0.2 percent to simulate open road conditions, a zero degree yaw angle between the oncoming wind and the tractor - trailer combi nation, ambient conditions consistent with the modified coastdown test procedures outlined in this regulation, open grill with representative back pressures based on data from the tractor model, turbulence model and mesh deformation enabled (if applicable) , and tires and ground plane in motion consistent with and simulating a vehicle moving in the forward direction of travel. For any CFD anal ys is, the smallest cell size should be applied to local regions on the tractor and trailer in areas of high flow gra dients and smaller geometry features (e.g., the a - pillar, mirror, visor, grille and accessories , trailer leading and trailing edges, rear bogey , tires, tractor - trailer gap) . Finally , with administrator approval, a manufacturer may request and perform CFD anal ys is using parameters and criteria other than stated above if the manufacturer***** E.O. 12866 Review**
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380 of 971 can demonstrate that the conditions above are not feasible (e.g., insufficient computing power to conduct such analy sis, inordinate length of time to conduct anal ys is, equiva lent flow characteristics with more feasible criteria/parameters) or improved criteria may yi eld better results (e.g., different mesh cell shape and size). A manufacturer must provide data and information that demonstrates that their parameters/criteria w ill provide a sufficient level of detail to yield an accurate analy sis including comparison of key characteristics between the manufacturer’s criteria/parameters and those stated above (e.g., pressure profiles, drag build - up, and/or turbulent/laminar flow at key points on the front of the tractor and/or over the length of the tractor - trailer combination). Alternative Aerodynamic Method Comparison to the Coastdown Test Procedure Reference Method If a manufacturer uses any alternative aerody

namic method, or any

method other than the coastdown reference method, the manufacturer would have to provide a comparison to the coastdown test procedure reference method . T he manufacturer would be required to perform the alternative aerodyn amic method and the coastdown t est procedure reference method on the same model and compare the Cd results. The alternative aerodynamic method, or an y other method using good engineering judgment , and the coastdown test procedure reference method must be conducted under similar test co nditions and adhere to the criteria discussed above for each aerodyn amic assessment method . This demonstration would be performed in the initial year of rule implementation and would require agency review and approval prior to use of the alternative aerod y namic method in future years and for other models . The comparison would occur on one model of the manufacturer’s highest sales volume, Class 8, high roof, sleeper cab family with a full aerodyn amics package, either equipped at the factory

or sold through a dealer specificall y for that model as an OEM part. If the manufacturer does not have such a model, the manufacturer may select a comparable model in that family or a model from another highest sales volume family in the manufacturer’s fleet. For the c omparison , the manufacturer would be required to provide information on the test conditions for each test result including but not limited to: test date and time, wind speed (if applicable), temperature, humidity , manufacturer and model, model year, applic able model engine family , tire t yp e and rolling resistance for actual model, model test weight, equivalent vehicle test weight, actual and simulated or equivalent vehicle speed, Rey

nolds number (if applicable), yaw angle (if applicable), blockage ratio , ei ther calculated or measured (if applicable), model mounting (if applicable), model geometry , body axis force and moments (if applicable), total test duration, test vehicle and ty pe and operator name(s) and/or ID(s). In addition, the manufacturer must prov ide the Cd results from valid tests. Once the comparison is performed in the initial year , the manufacturer is required to perform this comparison every three years on the highest sales volume, Class 8, high***** E.O. 12866 Review**
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381 of 971 roof, sleeper cab famil y equipped with a full ae rody namics package unless any or all of the following occurs: the Class 8, high roof, sleeper cab famil y/model used for the original comparison is no longer commercially available, and/or significantly redesigned, with the meaning of “significantly” based on good engineering judgment, a fundamental change is made to the current alternative aerody namic method (e.g., change from facilit y A to facility

B as a source), and/or the alternative aerodynamic method is changed to something other than the coastdown test procedure reference method (e.g., switch to wind tunnel testing from coastdown, change wind tunnel testing f acilities or CFD software code ). However, the agency reserves the right and has the authorit y under the Clean Air Act (CAA) to request and have the manufacturer perform a comparison in any year and on any model that the manufacturer has certified. Finally , the data generated for the purpose of this comparison can be used in annual certification for that model, also called the base model, and for determining Cd for other models and/or sub - families in the base model family , or other families in the manufacturer’s fleet. Annual Certification Data Submittal for Aerodynamic Assessment For each model in the manufacturer’s fleet, the manufacturer is required to supply aerod ynamic information on an annual basis to the agencies in their certification application. Once the manufacturer has performed the coastdown test procedure or the comparison for an alternative aerodyn amic method, the aerodyn amic assessment method can be used to generate C d values for all models the manufacturer plans to certify and introduce int o commerce. For each model, the manufacturer would determine a predicted aerod ynamic drag (C d times the frontal area, A). This reduces burden on the manufacturer to perform aerodynamic assessment but provides data for all the models in a manufacturer’s f

leet. If a manufacturer has previously performed aerodyn amic assessment on the other models, the manufacturer may submit an experimental C d in lieu of a predicted C d . The aerod ynamic assessment data will be used in one of two ways: the manufacturer will use the C d ( times A ) values to determine the correct GEM input according to agency - defined tables, or the agencies will use the manufacturer’s input data into the model and assign a GHG value/score. Since the agencies may

input the data into the model, manufacturers are required to provide the information from the coastdown test procedure, alternative aerodynamic method or the method comparison described above for annual certification. In addition, the manufacturer would supply manufacturer fleet informati on to the agency for annual certification purposes along with the acceptance demonstration parameters: manufacturer name, model year, model line (if different than manufacturer name), model name, engine family , engine displacement, transmission name and type, number of axles, axle ratio, vehicle dimensions, including frontal area, predicted or measured coefficient of drag, assumptions used in developing the predicted or measured C d , justification for carry across of aerod yn amic assessment data, photos of the model line - up, if available, and model applications and usage options.***** E.O. 12866 Review**
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382 of 971 Finally , the agencies reserve the right to request that a manufacturer generate or provide additional data, prior to certification, to support and receive annual certification approv al. (f ) Aerodynamic Validation and Compliance Audit The agencies reserve the right to perform aerodyn amic validation and compliance audit of the manufacturer’s aerodyn amic results. The agencies may conduct a vehicle confirmatory

evaluation using a vehicle r ecruited from the in - use fleet and performing the reference method, coastdown test procedures, either at the manufacturer’s facility or an independent facility

using the agencies equipment and tools. If there is a discrepancy between the manufacturer’s d ata submitted for certification and the agencies’ validation results, the agency

may perform a full audit of the manufacturer’s source data and aerod ynamic assessment methods and tools used by the manufacturer to produce the data. The manufacturer would b e required to make all equipment and tools available to the agencies to conduct the full audit. Based on this audit, the agencies may require the manufacturer to make changes to their aerodyn amic assessment methods ranging from minor adjustments to method criteria to switching allowed aerodynamic assessment methods. For the purposes of aerod ynamic validation and compliance audit, manufacturers will be allowed an additional compliance margin of one bin from the certified bin for the model evaluated (e.g., if a manufacturer certifies a model to Bin IV, the results of the aerody namic valid/compliance audit must fall within the next highest bin, in this case Bin III). In addition, the agencies may select an y model from the manufacturer’s fleet/vehicle famil y to perform the aerodyn amic validation and compliance. (g ) Aerodynamic Bin Category Adjustment Using Yaw Sweep Information As discussed in Section II.B.2, the agencies are finalizing aerodyn amic drag values which represent zero degree yaw (i.e., representing win d from directly in front of the vehicle, not from the side). We recognize that wind conditions, most notably wind direction, have a greater impact on real world CO 2 emissions and fuel consumption of heav y - dut y trucks than of light - dut y vehicles. To provi de additional incentive for manufacturers using aerody namic techniques (i.e., techniques that use assessment at yaw angles more or less than zero degrees to capture the influence of side winds and calculate wind average drag coefficient), the agencies are defining an approach to allow manufacturers to account for improve d aerod ynam ic performance in crosswind conditions similar to those experienced b y vehicles in use. If a manufacturer can benefit from having a model that performs in regimes or conditions o ther than the scope of the test parameters in this rulemaking, this creates an incentive for the entire industry . As a result, we are allowing manufacturers to use the coefficient of drag values at positive six, negative six, and zero degrees yaw to impro ve their GHG score. The Yaw Sweep Adjustment would be determined using the following steps and equations:***** E.O. 12866 Review**
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383 of 971  Step 1: Determine your aero method adjustment factor as described above in paragraph (d) of this section and using the equation; Adjustment Factor = Cd coastdown , model Cd in - house , model  Step 2: Apply

the aerody

namic method adjustment factor to the positive six, negative six and zero degrees yaw Cd values for that model using the equation; Cd Adjusted = Adjustment Factor x Cd( +6 degrees/ - 6 de grees/0 degrees, model)

 Step 3: Calculate your Adjusted zero y aw Cd*A Adjusted Zero Yaw Cd*A (model) = adjusted +/ - Six Yaw Cd ( average ,model ) *A (model) x Zero Yaw Cd*A (industry average) +/ - Six Yaw Cd ( average) *A ( industry average )

 Step 4: Use the adjusted zero yaw Cd*A for the model to determine appropriate bin and the associated Cd input for the GEM to determine your Yaw Sweep Adjusted GHG score. Essentially , this equation becomes y = x * C where y

is the adjusted zero yaw Cd, x is the corrected average of the +/ - six degree yaw Cds for the manufacturer’s model, and C is a constant value based on the ratio of the zero y aw Cd and WACd ratio for the industry . The current default value for this industry baseline ratio for this is rulem aking is 0.8065 based on the Cd values of current Class 8, high - roof, aero sleeper cab models in the fleet. The agencies may periodicall y review this industry baseline ratio and adjust it, if necessary , with notification to the industry . The yaw sweep a djustment described above onl y applies to Class 7, high - roof day cab and Class 8 high - roof day or sleeper cab tractors and a manufacturer seeking yaw sweep adjustment must use an approved, alternative aerod yn amic method to generate the yaw sweep data. Manufacturers may use a more yaw sweep angles (e.g., zero, +/ - 1, 3, 6, 9) for their yaw sweep adjustment and, in this case, must calculate the wind - average Cd (WACd) according to SAE J1252 and use this value in lie u of the average of the +/ - six degree yaw Cds in the equations above. As stated elsewhere in this regulation, the Agencies reserve the right to review a manufacturer’s proposed adjustment and discuss the proposed adjustment with the manufacturer. The Age ncies will notify the manufacturer of the need for a review and***** E.O. 12866 Review**
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384 of 971 the manufacturer must provide all information requested by the Agencies to support the review and subsequent discussion(s). The agencies also reserve the right to deny aerod ynamic bin category adjustment independent or as a result of the review/discussions with the manufacturer. In such case, the Agencies will notify the manufacturer of denial prior to certification to ensure the proper inputs to the GEM are used. **(4) Compliance Reports**  (a ) Early Model Year Data The regulatory

text of the NPRM included specifications for manufacturers to submit pre - certification compliance reports for each of a manufacturer’s fleet of heav y duty tractors. Navistar and Volvo commented that the requirements specifie d in the NHTSA pre - certification reports are overbroad and should be eliminated. The pre certification reports included requirements for manufactures to submit a wide variety of information on these vehicles. The variety of information was believed to be necessary given that these vehicles had no previous compliance information for meeting fuel efficiency and emission standards and the agencies wanted to ensure that enough information was obtain to ensure sufficient compliance with the program. The a genc ies have since reviewed the level of detail required in the precertification reports and are in agreement with commenters that the required information may be overl y broad for compliance purposes and given that this is the first time these manufacturers have been regulated, the level of information required may not be available until subsequent model ye ars. Therefore, as discussed previously for pickup trucks and vans, the agencies have removed the requirement for manufactures to submit pre - certification c ompliances reports for these classes of vehicles. As an alternative to receiving earl y compliance model year information in the precertification reports, the agencies have decided to use manufacturer’s application for c ertificate s of conformity to obtain earl y model estimates. Currently , the applications for certificates are not required to include the fuel consumption information required by NHTSA. Therefore, the agencies are adopting provisions in the final rule s for manufacturers to provide emission and equivalent fuel consumption estimates in the manufacturer’s applications for certification. The agencies will treat information submitted in the applications as a manufacturer’s demonstration of providing earl y compliance information, similar to the p re - model year report submitted for heavy - dut y pick up trucks and vans. T he final rule establishes a harmonized approach by which manufacturers will submit applications through an EPA - administered database, such as the Verify

s ys tem, as the single point of entry for all information required for this national program and both agencies will have access to the information . If by model year 2012, the agencies are not prepared to receive information through the EPA Verify database s ys tem, manufacturers are expe cted to submit written applications to the agencies. This approach should streamline this process and reduce industry burden and provide sufficient information for the agenc ie s to carry out their early

compliance activities.***** E.O. 12866 Review**
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385 of 971 (b ) Final Reports The NPRM propo sed for manufacturers participating in the ABT program to provide EOY and final reports. The EOY reports for the ABT program were required to be submitted by

manufacturers no later than 90 day s after the calendar y ear and final report no later than 270 days after the calendar year. 318 Manufacturers not participating in the ABT program were required to provide an EOY report within 45 days after the calendar year but no final reports were required. The final ABT report due was established coinciding with EPA ’s existing criteria pollutant report for heavy - dut y engines. The EOY report was required in order to receive preliminary final estimates and identifies manufacturers that might have a credit deficit for the given model year. Manufacturers with a credit surplus at the end of each model could receive a waiver from providing EOY reports. As proposed, the remaining manufacturers were required to submit reports to EPA and send copies of those reports to NHTSA with equivalent fuel consumption values. In res ponse to the NPRM, commenters recommended collecting additional data. One commenter requested collecting information to develop and refine test cycles that more accurately

reflect actual driving cycles for medium - and heav y - duty trucks. Several other commenters (ACEE, Eaton, CAL START, NRDC and UCS) recommended collecting advanced data on in - service vehicles and that the collected data be anal yz ed and characterized for each vocational application, especiall y for h yb rid vehicles, in a cooperative government and industry effort. Commenters (ACEE, DTNA, NRGDC, UCS and Volvo) also requested that the agency ’s data collection ensure to include information on actual vehicle configurations sold in the fleet. M any commenters argued agai nst the burden placed upon the industry in meeting the agencies ’ proposed required reporting provisions. One commenter argued against providing actual production information due to the variability that exists in building heav y - dut y vehicles and in the inf luence of changing fleet interest each ye ar indicating that only estimated information should have to be provided. C ommenters (Volvo and Navistar) generally

objected stating that the agency requirements in its reports are both unnecessary

and overl y burde nsome. Comments in response to the NPRM requested that for manufacturers not using ABT provisions , the EOY report due 45 day s after the end of the calendar ye ar should be combined with the ABT report due 90 day s after the same model year . Commenters also requested that the exempted off - road vehicle report be consolidated with the EOY report. Other concerns raised by commenters were for the agencies to remove an y differences in reporting provisions and implement a single uniform reporting template that manufacturers can submit to both agencies. One commenter ( Volvo ) requested that the agencies simpl if y the reporting requirements for vehicle configurations in both the EOY and final reports , commenting that the proposal as outlined was extremel y burdensome to vehicle manufacturers. The NPRM regulation state d that the manufacturer must identify each distinguishable vehicle configuration in the vehicle famil y or sub - family and identification of FELs for each

318 Corresponding to the compliance model year***** E.O. 12866 Review**
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386 of 971 subfamily . The regulation calls for reporting of results and modeling inputs for each subfamily . The commenter believe d that the burden of meeting these requirements for the vast number of families/subfamilies is substantial and unjustified. For this commenter, there is a potential for almost 45 millio n sub - families in the vocation al and tractor categories. This approach should reduce the number of vehicle families to an amount that is suitable for reporting. T he BlueGr e en Alliance and ACEEE also requested the agencies to implement a program as part o f the final rule to collect data, actual vehicle configurations sold and their performance as estimated b y simulation modeling, which will provide information required to develop a full - vehicle program in the future. For the final rules, the agencies are requiring EOY and final reports , as proposed . However, the agencies will consolidate the reporting as requested by comments and is requiring equivalent fuel consumption information for all reports submitted to EPA. The final rules establish a harmonized approach b y which manufacturers will submit reports through an EPA - administered database, such as the Verify s ys tem, as the single point of entry for all information required for this national program and both agencies will have access to the information. If b y model year 2012, the agencies are not prepared to receive information through the EPA V erify database s ys tem, manufacturers are expected to submit written reports to the agencies. The agencies are also combining the EOY reports for manufacturers not using ABT provisions with other EOY reports and are requiring a submission date 90 day s after the calendar ye ar. The agencies view the adopted requirements in the final rule s for EOY and final reports will provide sufficient data requests to satisfy

these requests. The agencies also agree with Volvo’s concerns and have adopted a new classification sy stem for selecting vehicle families as described elsewhere in this s ection. A summary of the required information in the final rules for EOY and final reports is as follows:

 Vehicle family

designation and averaging set.  Vehicle emissions and fuel consumption standards including an y alternative standards used  Vehicle family

FELs  Final produ ction volumes  Certified test cycles  Useful life values for vehicle families  A credit plan identifying the manufacturers actual credit balances, credit flexibilities, credit trades and a credit deficit plan if needed demonstrating how it plans to resolve any credit deficits that might occur for a model ye ar within a period of up to three model y ears after that deficit has occurred  A plan describing the vehicles that were exempted such as for off - road or small business purposes  A plan describing an y alternat ive fueled vehicles that were produced for the model year identifying the approaches used to determinate compliance and the production volumes***** E.O. 12866 Review**
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387 of 971 (c) Additional Required Information Throughout the model y ear, manufacturers may be required to report various sub missions to the agencies to compl y w ith various aspects of the rule s . These requests have differing criteria for submission and approval. Table V - 6 below provides a summary of the ty pes of submission , required submission date s and the EPA and NHTSA regulations that appl y. The agencies will review and grant request s considering the time liness of the submissions and the completeness of the requests.***** E.O. 12866 Review**
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388 of 971 **Table V**  **- 6**  **: Summary of**  **Required Information for Compliance**  Submission Applies to Required Submissions Date EPA Regulation Reference NHTSA

Regulation Reference Small business exemptions Vehicle manufacturers

meeting the Small Business Administration (SBA) size criteria of a small business as described in 13 CFR 121.201. Before introducing an y excluded vehicle into U.S. commerce §1037.150 §535.8

In centives for earl y introduction The provisions apply with respect to tractors and vocational vehicles produced in model ye ars before 2014 EPA must be notified before the manufacturer submits it s applications for certificates of conformity §1037.150 §535.8 Voluntary compliance for NHTSA standards Vehicle manufacturers

seeking early

compliance in model years 2014 to 2016. NHSAT must be notified before the manufacturer submits it s applications for certificates of conformity NA §535.8 Approval of alternate methods to determine drag coefficients Tractors meeting §

1037.106 EPA must be notified before the manufacturer submits it s application s for certificates of conformity §1037.150 §535.8

Off - road exemption M anufacturers wanting to

exclude tractors from vehicle standards EPA must be notified before the manufacturer submits it s application s for certificates of conformity §1037.150 §535.8

Vocational Tractor Manufacturers wanting to

reclassify tractor as vocational tractors making them applicable to vocational vehicle standards EPA must be notified before the manufacturer submits it applications for certificates of conformity §1037.150 §535.8

Exemption from EOY reports Manufactures with surplus

credits at the end of the model year 90 - day s after the calendar year ends §1037. 730 §535.8***** E.O. 12866 Review**
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389 of 971 

### E. **Class 2b**  **- 8**  **Vocational Vehicles**  **(1) Final**  **Compliance Approach**  Like Class 7 and 8 combination tractors, heav y - duty vocational vehicles will be required to have both engine and chassis certificates of conformity . As discussed in the engine certification section, engines that will be used in vocatio nal vehicles would need to be certified using the heav y - dut y FTP cycle for GHG pollutants and show compliance through the useful life of the engine. This certification is in addition to the current requirements for obtaining a certificate of conformity for criteria pollutant emissions. For this final action, the majority of the GHG reduction for vocational vehicles is expected to come from the use of LRR tires as well as increased utilization of hy brid powertrain s ys tems. Other technologies such as aerody namic improvements and vehicle speed limiting sy stems are not as relevant for this class of vehicles, since the ty pical duty cycle is much more urban, consisting of lower speeds and frequent stopping. Idle reduction strategies are expected to be encompassed by hy brid technology , which we anticipate will ultimately handle PTO operation as well. Therefore, for this final action, certification of heav y - duty vocational vehicles with conventional powertrains will focus on quantifying GHG benefits due to the use o f LRR tires through the GEM. (a ) Certification Process Vehicles will be divided into vehicle families for purposes of certification. As with Class 7 and 8 combination tractors, these are groups of vehicles within a given regulatory

subcategory

that are expect ed to share common emission characteristics. Vocational vehicle regulatory subcategories share the same structure as those used for heav y - dut y engine criteria pollutant certification and are based on GVWR. This includes light - heav y (LHD) with a GVWR at o r below 19,500 pounds, medium - heavy (MHD) with a GVWR above 19,500 pounds and at or below 33,000 pounds, and heavy - heavy (HHD) with a GVWR above 33,000 pounds. We anticipate manufacturers will have one vehicle famil y per regulatory subcategory, however h yb rid vehicles will need to be separated into additional unique vehicle families. Manufacturers may also subdivide families into sub - families if GHG emissions performance is expected to change significantl y within the vehicle famil y. As with Class 7 and 8 co mbination tractors, we anticipate using the standardized 12 - digit naming convention to identify vocational vehicle families. As with engines and Class 7 and 8 combination tractors, each certifying vehicle manufacturer would have a unique three digit code assigned to them. Currently , there is no 5 th digit (industry sector) code for this class of vehicles and EPA will issue an update to the current guidance explaining which character(s) should be used for vocational vehicles. The agencies originally propose d that engine displacement be included in the vehicle family name, however the wide range of engines available across most regulatory

subcategories makes this requirement irrelevant and unnecessary at the time of this rulemaking. Therefore, we are reservi ng the remaining characters for California ARB and/or manufacturer use, such that the result is a unique vehicle family name.***** E.O. 12866 Review**
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390 of 971 Each vehicle famil y must demonstrate compliance with emission standards using the GEM. GEM inputs for conventional (i.e. non - hy brid) vocational vehicles primarily involves entering tire rolling resistance information. Additional provisions are available for certification of h ybrid vehicles or vehicles using other advanced or innovative technologies, as detailed in Section IV. If th e vehicle famil y consists of multiple configurations, only

results from the worst - case configuration are necessary for certification in addition to an engineering evaluation demonstrating that the modeled configuration indeed reflects the worst - case confi guration. If the vehicle family is divided into subfamilies, unique GEM results are required for at least one configuration per subfamil y. The a gencies have received comments from engine manufacturers, truck manufacturers, and h yb rid sy stem manufacturers raising concerns regarding the dut y cycle s and the weighting factors proposed for evaluating transient applications. The a gencies proposed three methods for evaluating hy brid sy stem performance in an effort to generate credit s. T he proposed duty cycles co nsidered for the proposal will continue to be used with this final action. The Agencies proposed a transient duty c ycl e, a 55 mile - per hour stead y state cruise and a 65 mile per hour steady state cruise. The transient duty cycle , is essentiall y the same transient cycle proposed in the NPRM with the exception that it minimizes inappropriate shift events. Additionally , the steady state cycles proposed b y the Agencies remain essentiall y unchanged. In response to concerns raised by engine manufacturers and hy brid sy stem manufacturers regarding the operation of vehicles most likely

to be hy bridized in the near term , we are modifying the weighting factors for each cycle to address the distribution of the emissions impact associated with each dut y c yc le. The weighting factors will be changed such that a greater emphasis on the ty pe of transient activity

seen as more characteristic of hy brid applications will be evident. The new weighting factors between duty cycles for h yb rid certification will be 75% for th e transient, 9% for the 55 mph cruise cycle, and 16% for the 65 mph cruise cycle. The basis for this change may be seen in the memorandum to Docket EPA - HQ OAR - 2010 - 0162 , which describes the data set used to describe real world vehicle performance. In add ition to this modification, the Power - Take - Off (PTO) operation will be characterized for vehicles utilizing a PTO sy stem for which there is a benefit for use of the hy brid technology . The testing provisions for the comparison in the A to B testing for complete vehicle or post - transmission powerpack testing may be seen in 40 CFR 1037.525. The testing provisions for work - specific pre - transmission evaluation using an engine based approach may be seen in 40 CFR 1036.525. (b ) Demonstrating Compliance w ith the Fi nal Standards (i ) CO2 and Fuel Consumption Standards Model As stated above, the technology basis for the final standards for vocational vehicles is use of LRR tires. Similar to Class 7 and 8 combination tractors, compliance with the standards will be demonstrated using the GEM predictive model . However, the input parameters entered by the vehicle manufacturer would be limited to the properties***** E.O. 12866 Review**
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391 of 971 of the tires. The GEM will use the tire data, along with inputs reflecting a baseline truck and engine, to g enerate a complete vehicle model. The test weight used in the model will be based on the vehicle class, as identified above. L ight - heavy - dut y vehicles will have a test weight of 16,000 pounds; 25,150 pounds for medium heav y - dut y vehicles; and heav y heav y - dut y vocational vehicles will use a test weight of 67,000 pounds. The model would then be exercised over the HHDDT transient cycle as well as 55 and 65 mph steady - state cruise conditions. The results of each of the three tests would be weighted at 16%, 9 %, and 75% for 65 mph, 55 mph, and transient tests, respectivel y. Innovative technology credits may

be used to demonstrate compliance, however because the technology would not be an input into GEM, alternative procedures would be needed to determine the value of the credit as described in Preamble Section IV . It may seem more expedient and just as accurate to require manufacturers use tires meeting certain industry standards for qualifying tires as having LRR. In addition, CO 2 and fuel consumption benefit s could be quantified for different ranges of coefficients of rolling resistance to provide a means for comparison to the standard. However, we believe that as technology advances, other aspects of vocational vehicles may warrant inclusion in future rulem akings. For this reason, we remain committed to having the certification framework in place to accommodate such additions. While the modeling approach may

seem to be overly

complicated for this phase of the rules, it also serves to create a certification pathway for future rulemakings and therefore we believe this is the best approach. Moreover, a design standard would discourage use of alternative technologies to meet the standard, and otherwise impede desirable flexibility . In - use Standards The category

of wear items primarily

relates to tires. It is expected that vehicle manufacturers will equip their trucks with LRR tires, since the final vehicle standard is predicated on LRR tire performance . The tire replacement intervals for this class of vehicle is normall y in the range of 50,000 to 100,000 miles, which means the owner/operator will be replacing the tires at several points within the useful life of the vehicle. We believe that as LRR tires become more common on new equipment, the afte rmarket prices of these tires will also decrease. Along with decreasing tire prices, the fuel savings realized through use of LRR tires will ideally provide enough incentive for owner/operators to continue purchasing these tires. The inventory modeling in this rule making package reflects the continued use of LRR tires through the life of the vehicle. (ii) Evaporative Emission Standards Evaporative and refueling emissions from heavy - duty highway engines and vehicles are currentl y regulated under 40 CFR part 86 . Even though these emission standards appl y to the same engines and vehicles that must meet exhaust emission standards, we require a separate certificate for complying with evaporative and refueling emission standards. An important related point to note is that the evaporative and refueling emission standards alway s appl y to the vehicle, while the exhaust emission standards may

appl y to either the engine or the vehicle. For vehicles other than pickups***** E.O. 12866 Review**
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392 of 971 and vans, the standards in this program to address greenhouse gas emissions apply separately to engines and to vehicles. Since we will be applying both greenhouse gas standards and evaporative/refueling emission standards to vehicle manufacturers, we believe it will be advantageous to have the regulations related to their certification requirements written together as much as possible. EPA regards these final changes as discrete, minimal, and for the most part clarifications to the existing standards. We have not finalized any

changes to the evaporative o r refueling emission standards, but we have come across several provisions that warrant clarification or correction:
 When adopting the most recent evaporative emission change we did not carry through the changes to the regulatory text applying evaporativ e emission standards for methanol - fueled compression - ignition engine. The final regulations correct this by applying the new standards to all fuels that are subject to standards.  We are finalizing provisions to address which standards appl y when an auxili ary (nonroad) engine is installed in a motor vehicle, which is currentl y not directly addressed in the highway regulation. The final approach requires testing complete vehicles with an y auxiliary engines (and the corresponding fuel - sy stem components). In complete vehicles must be tested without the auxiliary engines, but any

such engines and the corresponding fuel sy stem components will need to meet the standards that appl y under our nonroad program as specified in 40 CFR part 1060.  We have removed the opt ion for secondary vehicle manufacturers to use a larger fuel tank capacity

than is specified by

the certifying manufacturer without re - certifying the vehicle. Secondary

vehicle manufacturers needing a greater fuel tank capacity will need to either work wi th the certifying manufacturer to include the larger tank, or go through the effort to re - certify the vehicle itself. Our understanding is that this provision has not been used and would be better handled as part of certification rather than managing a separate process. We are also finalizing corresponding changes to the emission control information label.  Rewriting the regulations in a new part in conjunction with the greenhouse gas standards allows for some occasions of improved organization and clarit y , as well as updating various provisions. For example, we have finalized a leaner description of evaporative emission families that does not reference sealing methods for carburetors or air cleaners. We have also clarif ied how evaporative emission standards affect engine manufacturers and are finalizing more descriptive provisions related to certifying vehicles above 26,000 pounds GVWR using engineering analy sis.  Since we adopted evaporative emission standards for gaseous - fuel vehicles, we have developed new approaches for design - based certification (see, for example, 40 CFR 1060.240). We request comment on changing the requirements related to certifying gaseous - fuel vehicles to design - based certification. This would allow for a simpler assessment for ce rtifying these vehicles without changing the standards that apply . **(2) Final**  **Labeling Provisions**  It is crucial that a means exist for allowing field inspectors to identify whether a vehicle is certified, and if so, whether it is in the certified configuration . As with engines***** E.O. 12866 Review**
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393 of 971 and tractors, we believe an emission control information label is a logical first step in facilitating this identification. For vocational vehicles, the engine will have a label that is permanentl y affixed to the engine and identify the engine as certified for use in a certain regulatory

subcategory

of vehicle (i.e., MHD, etc). The vehicle will also have a label listing the manufacturer of the vehicle, vehicle family (and subfamil y, if applicable), regulatory subcategory, date of manufa cture, compliance statement, FEL , and emission control sy stem identifiers. The required content of this label is consistent with the label description provided earlier for Class 7 and 8 tractors. Since LRR tires are expected to be the primary means for ve hicles to comply , it is expected that LRR tires will be the only component identified as part of the emission control sy stem on the label. For tires to qualify as low rolling resistance (for purposes of this vocational vehicle label), they need to have a coefficient of rolling resistance at or below 7.7 kg/metric ton. In addition, if any other emission related components are present, such as h ybrid powertrains, key components will also need to be specified on the label. L ike the engine label, this will ne ed to be permanently affixed to the vehicle in an area that is clearl y visible to the owner/operator. At the time of certification, manufacturers will be required to submit an example of their vehicle emission control label such that EPA can verify that all critical elements are present. In addition to the label, manufacturers will also need to describe where the unique vehicle identification number and date of production can be found on the vehicle. **(3) Other Certification Issues**  Warranty As with other heav y - duty engine and vehicle regulatory categories, vocational vehicle chassis manufacturers would be required to warrant their product to be free from defects that would result in noncompliance with emission standards. This warranty also covers the failure of emission related components for the warrant y period of the vehicle. For vocational vehicles, this primarily applies to tires. Manufacturers of chassis for vocational vehicles would be required to warrant tires to be free from defects at the time of init ial sale. As with Class 7 and 8 combination tractors, we expect the chassis manufacturer to only warrant the original tires against manufacturing or design - related defects. This tire warranty would not cover replacement tires or damage from road hazards or improper inflation. As with Class 7 and 8 combination tractors, all warranty documentation would be submitted to EPA at the time of certification. This should include the warranty statement provided to the owner/operator, description of the service rep air network, list of covered components (both conventional and high - cost), and length of coverage. EPA Certification Fees Similar to engine and tractor - trailer vehicle certification, the a gency will assess certification fees for vocational vehicles . The p roceeds from these fees are used to fund the compliance and certification activities related to GHG regulation for this industry***** E.O. 12866 Review**
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394 of 971 segment. In addition to the certification process, other activities funded b y certification fees include EPA - administered in - u se testing, selective enforcement audits, and confirmatory

testing. At this point, the exact costs associated with the heavy - dut y vehicle GHG compliance are not well known. EPA will assess its compliance program associated with this program and assess the appropriate level of fees. We anticipate that fees will be applied based on certification families , following the light - dut y vehicle approach. Maintenance Vehicle manufacturers are required to outline a maintenance schedule that ensures the emission control sy stem remains functional throughout the useful life of the vehicle. For vocational vehicles, this largely involves ensuring that customers have sufficient information to purchase replacement tires that meet or exceed original equipm ent specifications. As with Class 7 and 8 tractors, we believe that this information should be included in the owner’s manual to the vehicle. This statement must be submitted to EPA at the time of certification to verify that the customer indeed has enough information to purchase the correct replacement tires . 

### F. **General Regulatory Provisions (1)**  **Statutory Prohibited Acts** Section 203 of the CAA describes acts that are prohibited by law. This section and associated regulations apply equally to the greenhouse gas standards as to any other regulated emission. Acts that are prohibited b y section 203 of the CAA include the introduction into commerce or the sale of an engine or vehicle without a certificate of conformity , removing or otherwise defeating emission contr ol equipment, the sale or installation of devices designed to defeat emission controls, and other actions. In addition, vehicle manufacturers, or an y other party, may not make changes to the certified engine that would result in it not being in the certifi ed configuration. EPA will apply

§ 86.1854

– 12 to heav y - dut y vehicles and engines; this codifies the prohibited acts spelled out in the statute. A lthough it is not legally necessary to repeat what is in the CAA , EPA believes that including this language in the regulations provides clarity and improves the ease of use and completeness of the regulations . Since this change merel y codifies provisions that already apply, there is no burden associated with the change. **(2) Regulatory Amendments Related to Heavy**  **- Duty**  **Engine Certification** We are adopting the new engine - based greenhouse gas emissions standards in 40 CFR part 1036 and the new vehicle - based standards in 40 CFR part 1037. We are continu ing to rel y on 40 CFR parts 85 and 86 for conventional certification and compliance provisions related to criteria pollutants, but the final regulations include a variet y of amendments that will affect the provisions that apply with respect to criteria pollutants. We are not intending to change the stringency of, or otherwi se substantively change an y existing standards.***** E.O. 12866 Review**
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395 of 971 The introduction of new parts in the CFR is part of a long - term plan to migrate all the regulatory

provisions related to highway and nonroad engine and vehicle emissions to a portion of the CFR called Subchap ter U, which consists of 40 CFR parts 1000 through 1299. We have already adopted emission standards, test procedures, and compliance provisions for several ty

pes of engines in 40 CFR parts 1033 through 1074. We intend eventuall y to capture all the regulatory requirements related to heavy - duty highway engines and vehicles in these new parts. Moving regulatory provisions to the new parts allows us to publish the regulations in a way that is better organized, reflects updates to various certification and co mpliance procedures, provides consistency with other engine programs, and is written in plain language. We have already taken steps in this direction for heav y - dut y highway engines b y adopting the engine - testing procedures in 40 CFR part 1065 and the prov isions for selective enforcement audits in 40 CFR part 1068. EPA sought comment on drafting changes and additions. This solicitation related solely to the appropriate migration, translation, and enhancement of existing provisions. EPA did not solicit comment on the substance of these existing rules, and did not amend, reconsider, or otherwise re - examin e these provisions’ substantive effect. The rest of this section describes the most significant of these final redrafting changes. The proposal includes s everal changes to the certification and compliance procedures, including the following:

 We are requiring that engine manufacturers provide installation instructions to vehicle manufacturers (see §1036.130). We expect this is alread y commonly

done; however , the regulatory language spells out a complete list of information we believe is necessary to properl y ensure that vehicle manufacturers install engines in a way that is consistent with the engine’s certificate of conformity .  §1036.30, §1036.250, and §103 6.825 spell out several detailed provisions related to keeping records and submitting information to us.
 We wrote the greenhouse gas regulations to divide heav y - dut y engines into “spark - ignition” and “compression - ignition” engines, rather than “Otto - cycle” and “diesel” engines, to align with our terminology in all our nonroad programs. This will likely involve no effective change in categorizing engines except for natural gas engines. To address this concern, we are including a provision in §1036.150 to a llow manufacturers to meet standards for spark - ignition engines if they were regulated as Otto - cycle engines in 40 CFR part 86, and vice versa.
 §1036.205 describes a new requirement for imported engines to describe the general approach to importation (su ch as identifying authorized agents and ports of entry), and identifying a test lab in the United States where EPA can perform testing on certified engines. These steps are part of our ongoing effort to ensure that we have a compliance and enforcement pro gram that is as effective for imported engines as for domesticall y***** E.O. 12866 Review**
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396 of 971 produced engines. We have already adopted these same provisions for several t ypes of nonroad engines.
 §1036.210 specifies a process b y which manufacturers are able to get preliminary

appro val for EPA decisions for questions that require lead time for preparing an application for certification. This might involve, for example, preparing a plan for durability testing, establishing engine families, identifying adjustable parameters, and creat ing a list of scheduled maintenance items.
 §1036.225 describes how to amend an application for certification.
 We are revising 40 CFR 85.1701 to apply the exemption provisions described in 40 CFR part 1068 to heav y - dut y highway engines starting in 2014. Manufacturers may optionall y use the exemption provisions from part 1068 earlier. This involves only very minor changes in the terms and conditions associated with the various ty pes of exemptions. This change will help us to implement a consistent complian ce program for all engine and vehicle categories. We are similarly revising 40 CFR 85.1511 to reference the importation - related exemptions in part 1068 for all motor vehicles and motor vehicle engines.
 We are finalizing a provision allowing manufacturers to use the defect reporting provisions of 40 CFR part 1068 instead of those in 40 CFR part 85. This involves setting thresholds for investigating and reporting defects based on defect rates rather than absolute numbers of defects. Once we gain more experience with applying the defect - reporting provisions in 40 CFR part 1068 for motor vehicles, we will consider making those provisions mandatory , including an y appropriate adjustments. In addition, we are revising 40 CFR 1068.210 and 1068.325 to address a c oncern raised b y engine manufacturers. The provisions for importing engines under a temporary exemption disallow selling exempted engines even though some of the situations addressed depend on engine sales (such as delegated assembl y). We have added clarifying language to the individual exemptions to describe whether or how engines may be sold or leased. In the case of the testing exemption in §1068.210, this involves a further change to specify

how a manufacturer must track the status and final disposit ion of exempted engines or equipment. We are also making a small change to the testing exemption to remove the administrative step of requiring an exchange of signed documents for the exemption to be effective. This will streamline the process for the te sting exemption and make it more like that for other ty pes of exemptions. **(3) Test**  **Procedures for Measuring Emissions from Heavy**  **- Duty Vehicles**  We are finalizing a new part 1066 that contain s general chassis - based test procedures for measuring emissions from a variet y of vehicles , including vehicles over 14,000 pounds GVWR. However, we are not finalizing application of these procedures***** E.O. 12866 Review**
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397 of 971 broadly at this time. The test procedures in 40 CFR part 86 continue to apply for vehicles under 14,000 pounds GVWR. T he fina l part 1066 procedures applies onl y for an y testing that would be required for larger vehicles. This could include “A to B” h yb rid vehicle testing, coastdown testing, and potentially limited innovative technology testing. Nevertheless, we will likely con sider in the future applying these procedures also for other heav y - duty

vehicle testing and for light - dut y vehicles, highway motorcycles, and/or nonroad recreational vehicles that rel y on chassis - based testing. As noted above, engine manufacturers are alr eady using the test procedures in 40 CFR part 1065 instead of those originall y adopted in 40 CFR part 86. The new procedures are written to apply generically

for any ty

pe of engine and include the current state of technology

for measurement instruments, c alibration procedures, and other practices. W e are finalizing the chassis - based test procedures in part 1066 to have a similar structure. The final procedures in part 1066 reference large portions of part 1065 to align test specifications that apply equally to engine - based and vehicle - based testing, such as CVS and anal yz er specifications and calibrations, test fuels, calculations, and defin itions of many terms. Since several highway engine manufacturers were involved in developing the full range of specified procedures in part 1065, we are confident that many of these provisions are appropriate without modification for vehicle testing. The remaining test specifications needed in part 1066 are mostly related to setting up, calibrating, and operating a chassis dy namometer. This also includes the coastdown procedures that are required for establishing the dynamometer load settings to ensur e that the dy namometer accurately

simulates in - use driving. Current testing requirements related to dynamometer specifications rel y on a combination of regulatory provisions, EPA guidance documents, and extensive know how from industry

experience that has led to a good understanding of best practices for operating a vehicle in the laboratory to measure emissions. We attempted in this rulemaking to capture this range of material, organizing these specifications and verification and calibration procedures to include a complete set of provisions to ensure that a dy namometer meeting these specifications would allow for carefully controlled vehicle operation such that emission measurements are accurate and repeatable. The procedures are written with the understanding that heavy - dut y highway manufacturers have, and need to have, single - roll electric dyn amometers for testing. We are aware that this is not the case for other applications, such as all - terrain vehicles. We are not adopting specific provisions for te sting with hydrokinetic dy namometers, we are alread y including a provision acknowledging that we may approve the use of dy namometers meeting alternative specifications if that is appropriate for the ty pe of vehicle being tested and for the level of stringe ncy represented b y the corresponding emission standards. Drafting a full set of test specifications highlights the mixed use of units for testing. Some chassis - based standards and procedures are written based largel y on the***** E.O. 12866 Review**
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398 of 971 International S ys tem of Units ( SI ), such as gram per kilometer (g/km) standards and kilometers per hour (kph) driving, while others are written based largel y on English units (g/mile standards and miles per hour driving). The proposal includes a mix of SIand English units with instruc tions about converting units appropriatel y. However, most of the specifications and examples are written in English units. While this seems to be the prevailing practice for testing in the United States, we understand that vehicle testing outside the Uni ted States is almost universally done in SIunits. In an y case, dy namometers are produced with the capability of operating in either English or SI units. We believe there would be a substantial advantage toward the goal of achieving globall y harmonized t est procedures if we would write the test procedures based on SIunits. This would also in several cases allow for more straightforward calculations, and reduced risk of rounding errors. For comparison, part 1065 is written almost exclusively in SI units . We sought comment on the use of units throughout part 1066. At this time we are not finalizing changes from our current approach. A fundamental obstacle toward using SI units is the fact that some duty cycles are specified based on speeds in miles per hour. To address this, it would be appropriate to convert the applicable driving schedules to meter - per - second (m/s) values. Converting speeds to the nearest 0.01 m/s would ensure that the prescribed driving cycle does not change with respect to driving schedules that are specified to the nearest 0.1 mph. The regulations would include the appropriate mph (or kph) speeds to allow for a ready understanding of speed values (see 40 CFR part 1037, Appendix I). This would, for example, allow for drivers to co ntinue to follow a mph - based speed trace. The ±2 mph tolerance on driving speeds could be converted to ±1.0 m/s, which corresponds to an effective speed tolerance of ±2.2 mph. This may involve a tightening or loosening of the existing speed tolerance, depending on whether manufacturers used the full degree of flexibility allowed for a mph tolerance value that is specified without a decimal place. Similarly , the Cruise cycles for heavy - dut y vehicles could be specified as 2 4. 5±0.5 m/s (5 4 . 8 ±1.1 mph) and 29 .0 ±0.5 m/s (6 4.9 ±1.1 mph). **(4) Compliance**  **Reports** (a ) Early Model Year Data This information is the s ame as for tractors early model year data in Section V.D(4)(a) . (b ) Final Reports This information is the s ame as for tractors final reports in Section V.D(4)(b ) . (c) Ad ditional Required Information Table V - 7 below provides a summary of the t ypes of requests, required application submission date s and the EPA and NHTSA regulations that apply .***** E.O. 12866 Review**
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399 of 971 **Table V**  **- 7**  **: Summary of Required Information for Compliance**  Submission Applies to Required Submissions Date EPA

Regulation Reference NHTSA

Regulation Reference Small business exemptions Vehicle or engine

manufacturers meeting the Small Business Administration (SBA) size criteria of a small business as described in 13 CFR 121.201. Before introducing any excluded vehicle into U.S. commerce §1037.150 §535.8

In centives for early introduction The provisions apply

with respect to tractors and vocational vehicles produced in model ye ars before 2014 EPA must be notified before the manufacturer submits it applications for certificates of conformity §1037.150 §535.8

Air condition leakage exempti on for vocational vehicles Vocational Vehicles

excluded from § 1037.115 EPA must be notified before the manufacturer submits it applications for certificates of conformity §1037.150 §535.8

Model year 2014 N 2 O standards. Manufacturers that

choose to show compliance with the MY 2014 N 2 O standards requesting to use an engineering anal ys is EPA must be notified before the manufacturer submits it applications for certificates of conformity §1037.150 §535.8

Exemption for electric vehicles All electric vehicles are

deemed to have zero exhaust emissions of CO 2 , CH 4 , and N 2 O End of December prior to model y ear §1037.150 §535.8 Off - road exemption Manufacturers wanting

to exclude vocational vehicles from vehicle standards EPA must be notified before the manufacturer submits it applications for certificates of conformity §1037.150 §535.8

Exemption from EOY reports Manufactures with

surplus credits at the end of the model ye ar 90 - day s after the calendar year ends §1037.730 §535.8***** E.O. 12866 Review**
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400 of 971 

### G. **Penalties (1)**  **Overview** In the NPRM, NHTSA proposed to assess civil penalties for non - compliance with fuel consumption standards. NHTSA’s authorit y under EISA, as codified at 49 U.S.C. 32902(k), requires the agency to determine appropriate measurement metrics, test procedures, s tandards, and compliance and enforcement protocols for HD vehicles. NHTSA interprets its authority to develop an enforcement program to include the authority to determine and assess civil penalties for noncompliance that would impose penalties based on th e following discussions. In cases of noncompliance, the agency explained in the NPRM that it would establish civil penalties based on consideration of the following factors:
 Gravity

of the violation  Size of the violator’s business  Violator’s history

of co mpliance with applicable fuel consumption standards  Actual fuel consumption performance related to the applicable standard  Estimated cost to comply with the regulation and applicable standard  Quantity

of vehicles or engines not compl yi ng  Civil penalties pa id under CAA s ection 205 (42 U.S.C. 7524) for non compliance for the same vehicles or engines NHTSA proposed to consider these factors in determining civil penalties in order to help ensure, given the agency ’s wide discretion, that penalties would be fair and appropriate, and not duplicative of EPA penalties. The NPRM expressly stated that neither agency intended to impose duplicative civil penalties, and that both agencies would give consideration to civil penalties imposed by the other in the case of non compliance with its own regulations. See NPRM at 74280. EMA, Volvo, the Truck Renting and Leasing Association ( TRALA ) , and Navistar nevertheless commented that a dual enforcement scheme with separate NHTSA and EPA penalties could result in duplicative penalties, as manufacturers could be assessed penalties twice for the same violation. The pos sibility

of more than one prosecution or enforcement action arising from the same overall body

of facts does not present a novel issue. It commonly arises where there is overlapping jurisdiction, such as where the federal government and a state government have jurisdiction. The issue of multiple or sequential prosecutions may be addressed as a matter of administrative policy and discretion. 319

319 A well - known example is the Department of Justice’s petite policy , an internal guide on whether to pursue federal pr osecution after a state prosecution. The petite policy is considered “merely a***** E.O. 12866 Review**
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401 of 971 Both NHTSA and EPA are charged with regulating medium - dut y and heavy - dut y trucks; NHTSA regulates them under EISA and EPA regulates them under the CAA. Both agencies also have compliance review and enforcement responsibilities for their respective regulatory

requirements. The same set of underl yi ng facts may result in a violation of EI SA and a violation of the CAA. The agencies recognize the above concerns, and intend to address them through appropriate consultation. The details of the consultation and coordination between the agencies regarding enforcement will be set forth in a memorandum of understanding to be developed by EPA and NHTSA. NHTSA believes that the above description adequately describes the process by which civil penalties may be assessed by

both agencies. Therefore, for the final action , penalties for a violation of a fuel consumption standard will be based on the gravity of the violation, the size of the violator’s business, the violator’s history of compliance with applicable fuel consumption standards, the actual fuel consumption performance related to the applicable standard, the estimated c ost to comply with the regulation and applicable standard, and the quantity of vehicles or engines not complying. The collaborative enforcement process will ensure that the total penalties assessed will not be duplicative or excessive. NHTSA would also like to clarify that the “estimated cost to comply with the regulation and applicable standard,” will be used to ensure that penalties for non compliance will not be less than the cost of compliance. It would be contrary to the purpose of the regulation f or the penalty

scheme to incentivize non compliance. The final civil penalt y amount NHTSA could impose would not exceed the limit that EPA is authorized to impose under the CAA. The potential maximum civil penalty for a manufacturer would be calculated a s follows in Equation V - 1: **Equation V**  **- 1**  **: Aggregate Maximum Civil Penalty** Aggregate Maximum Civil Penalty for a Non - Compliant Regulatory Category = (CAA Limit) x

(production volume within the regulatory category) EPA has occasionally

in the past conducted rulemakings to provide for nonconformance penalties -- monetary penalties that allow a manufacturer to sell engines or vehicles that do not meet an emissions standard. Nonconformance penalties are authorized for heav y - duty engines and vehicles under section 206(g) of the CAA. Three basic criteria have been established by rulemaking for determining the eligibility of emissions standards for nonconformance penalties in any given model year: (1) the emissio ns standard in question must become more difficult to meet, (2) substantial work must be required in order to meet the standard, and (3) a technological laggard must be likely to develop (40 CFR 86.1103 - 87). A technological laggard is a manufacturer who cannot meet a particular emissions standard due to technological (not economic) difficulties and who, in the absence of nonconformance penalties, might be forced from the marketplace. The process to determine if these criteria are met and to establish housekeeping provision,” and prosecution remains entirely within the Department’s discretion. U.S. v. Barrett , 496 F.3d 1079, 1120 (10th Cir. 2007).***** E.O. 12866 Review**
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402 of 971 penal ty amounts and conditions is carried out via rulemaking, as required by the CAA. The CAA (in section 205) also lay s out requirements for the assessment of civil penalties for noncompliance with emissions standards. As discussed in detail in Section III, the agencies have determined that the final GHG and fuel consumption standards are readily feasible, and we do not believe a technological laggard will emerge in an y s ector covered b y these final standards. In additi on to the standards being premised on use of already - existing, cost - effective technologies, there are a number of flexibilities and alternative standards built into the proposal. However, in the case of potential non - conformance, civil penalties will ensure that adequate deterrence for non - conformance exists. **(2) NHTSA’s Penalty Process**  NHTSA proposed a detailed enforcement process in the NPRM. As proposed, enforcement would begin with a notice of violation, after which the respondent may either pay the pen alt y proposed in the notice of violation or dispute it by requesting an agency hearing. For a party

that did not pay

the proposed penalt y or request a hearing within 30 day s of the notice of violation, a finding of default would be entered and the penalty set forth in the notice of violation assessed. If a hearing is timely requested, the respondent would receive written notice of the time, date and location of the hearing. The respondent would have the right to counsel and to examine, respond to and reb ut evidence presented b y the Chief Counsel. If civil penalties greater than $250,000,000 were assessed in the Hearing Officer’s final order, that order would contain a statement advising the part y of the right to appeal to the NHTSA Administrator. Inthe event of a timely appeal, the decision of the Administrator would be a final agency action. This structure was intended to ensure that a part y was afforded ample opportunity to be heard. Several manufacturers commented that NHTSA’s penalty procedures sho uld be more formal than was proposed in the NPRM. EMA, Volvo and Navistar commented that the penalt y procedures should be subject to the Administrative Procedure Act (APA) review requirements . EMA, Volvo and Navistar, and TRALA commented that the penalty procedures violated due process requirements. EMA argued that NHTSA must expressly grant a right to judicial review, and EMA and Navistar argued that the absence of an administrative appeals process for penalties under $250,000,000 would violate due proc ess. Volvo faulted NHTSA for not classifying the hearing officer’s decision as a final agency action, and stated that specifications regarding who could be a hearing officer should align with those specified for the light - duty program, which was laid out i n 49 CFR Section 511.3. As noted in the NPRM, the APA administrative hearing requirements of Sections 554, 556, and 557 are not required where formal procedures are not required by statute (generally , the organic statute must provide that the administrat ive proceeding must be an adjudication, determined on the record after the opportunity for an agency

hearing, sometimes referenced as an opportunity for hearing on the record). See e.g ., 5 U.S.C. Section 554. Where a formal adjudication is not required b y statute, in general, agencies adopt and appl y informal processes. While the compliance, civil penalt y and appeals***** E.O. 12866 Review**
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4 03 of 971 provisions of 49 U.S.C. Sections 32911 and 32914 require formal adjudication in accordance with APA requirements, those sections only appl y to the light - duty

fuel econom y program. In contrast, for the heav y - dut y program of Section 32902(k), the Congress did not require formal adjudication in accordance with the APA. Therefore, informal adjudication procedures may be applied. NHTSA will not adopt the procedures of by 5 U.S.C. Sections 554, 556, or 557 for the final rule. While the APA requirements for formal hearing procedures do not appl y to NHTSA’s enforcement under Section 32902(k), due process requirements do apply . NHTSA believes that f

ormal procedures are neither required by statute nor necessary

for this enforcement process to meet due process requirements. NHTSA expects that the cases will not be complex. In general, there will be one or two issues: (1) compliance with the regulati ons and, if not, (2) the appropriate civil penalty . Compliance likel y will involve narrow technical questions under the regulations being adopted today. Non compliance with applicable fuel consumption standards will be determined by utilizing the certifi ed and reported CO 2 emissions and fuel consumption data provided by EPA as described in this part, and after considering all the flexibilities available under Section 535.7. Much of the evidence will be materials developed b y the respondent. There likel y will not be wide ranging issues. The parties will have ample opportunity to present their positions. A hearing officer can readily address the sorts of questions that are likel y to arise. Second, if there is a noncompliance, there will be the question of the appropriate penalt y. NHTSA’s regulations contain factors to be considered in assessing penalties. Again, the parties will have ample opportunity to present their positions. Ultimately , the agency ’s final decision must be sufficientl y reasoned to withstand judicial review, based on the arbitrary and capricious standard. To address commenters’ concerns about the process provided, NHTSA made several adjustments and clarifications in the final rule. The final rule provides that there will be a written decision of the Hearing Officer, and the assessment of a civil penalty by a hearing officer shall be set forth in an accompanying final order. Together, these constitute the final agency action. NHTSA has also revisited the minimum penalty level for an administrative appeal to the NHTSA Administrator and decided to lower the level significantl y, to $1,000,000. This provides a second level of review. NHTSA believes this will promote an efficient use of administrative remedies and a further opportunity to be heard at the administrative level. Of course, if a party files an app eal with the NHTSA Administrator, the Hearing Officer’s decision and order at that juncture shall no longer be final agency

action. NHTSA has considered the specifications of the Hearing Officer and determined that they are adequate for informal agency h earings of this nature. However, the agency will add a clarification to the final rule that specifies that the Hearing Officer will be appointed by the Administrator. Further, in addition to having no prior connection with the case and no responsibility , direct or supervisory , for the investigation of cases referred for the assessment of civil penalties, the Hearing Officer will have no duties related to the light - duty

fuel econom y or medium - and heav y - dut y fuel efficiency programs.***** E.O. 12866 Review**
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404 of 971 NHTSA has also consid ered EMA’s comment that a right to judicial review must be specified in the regulatory text. The agency does not agree with this concern. Parties, of course, cannot confer jurisdiction; only Congress can do so. Whitman v. Department of Transportation , 5 47 U.S. 512, 514 (2006); Wei nberger v. Bentex Pharmaceuticals, Inc., 412 U.S. 645, 652 (1973). Moreover, judicial review of a final agency action is presumed. United States v. Fausto , 484 U.S. 439, 452 (1998), citing Abbot Laboratories v. Gardner , 387 U. S. 136, 140 (1967). See generally , 28 U.S.C. Section 1331. Therefore, NHTSA has determined that the right to judicial review does not need to be specified in the regulatory

text. 

## VI. **How W** **i l**  **l This Pr**  **ogram Impact Fuel Consumption, GHG Em**  **issions, and Clim ate Ch**  **ange? A.**  **What Methodologies**  **Did the Agencies Use to Project GHG Emissions and Fuel Consumption Impacts?**  EPA and NHTSA used EPA’s official mobile source emissions inventory model named Motor Vehicle Emissions Simulator (MOVES2010) , 320 to estimate emission and fu el consumption impacts of these final rules. MOVES has the capability to take in user inputs to modify

default data to better estimate emissions for different scenarios, such as different regulatory

alternatives, state implementation plans (SIPs), geograp hic locations, vehicle activity , and microscale projects. The agencies performed multiple MOVES runs to establish reference case and control case emission inventories and fuel consumption values. The agencies ran MOVES with user input databases that ref lected characteristics of the final rules, such as emissions improvements and recent sales projections. Some post - processing of the model output was required to ensure proper results. The agencies ran MOVES for non - GHGs, CO 2 , CH 4 , and N 2 O for calendar ye ars 2005, 2018, 2030, and 2050. Additional runs were performed for just the three greenhouse gases and for fuel consumption for every calendar year from 2014 to 2050, inclusive, which fed the economy - wide modeling, monetized greenhouse gas benefits estimat ion, and climate impacts anal ys es. The agencies also used MOVES to estimate emissions and fuel consumption impacts for the other alternatives considered and described in Section IX.

320 MOVES homepage: http://www.epa.gov/otaq/models/moves/index.htm . Version MOVES2010 was used for emissions impacts analysis for this action. Current version as of September 14, 2010 is an updated version named MOVES2010 a, available directly from the MOVES homepage. To replicate results from this action, MOVES2010 must be used.***** E.O. 12866 Review**
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405 of 971 

### B. **MOVES Analysis**  **(1) Inputs and Assumptions**  The anal ys is performed for the final action mirrors what was done for the proposal. The methods and models are the same, with differences l yi ng primarily in the inputs, as a result of updates in the program, standards, and baseline data. (a ) Reference R un U

pdates Since MOVES2010a vehicle sales and activity data were developed from AEO2009, EPA first updated these data using sales and activity estimates from AEO2011. MOVES2010a defaults were used for all other parameters to estimate the reference case emissions inventories. (b ) Control Run Updates EPA developed additional user input data for MOVES runs to estimate control case inventories. To account for improvements of engine and vehicle efficiency , EPA developed several user inputs to run the control case in MOVES. As explained at proposal, sin ce MOVES does not operate based on Heav y - dut y FTP cycle results, EPA used the percent reduction in engine CO 2 emissions expected due to the final rules to develop energy

inputs for the control case runs. 75 FR at 74280. Also, EPA used the percent reducti on in aerody namic drag and tire rolling resistance coefficients and reduction in average total running weight (gross combined weight) expected from the final rules to develop road load input for the control case. The sales and activity data updates used i n the reference case were used in the control case. Details of all the MOVES runs, input data tables, and post - processing steps are available in the docket (EPA - HQ - OAR - 2010 - 0162). Table VI - 1 and Table VI - 2 describe the estimated expected reductions from these final rules, which were input into MOVES for estimating control case emis sions inventories. **Table VI**  **- 1**  **: Estim ated Reductions in Engine CO**  **2 Emission Rates**  **321** GVWR C lass Fuel Model Y ears CO 2 Reduction from 2010 MY HHD (8a - 8b) Diesel 2014 - 2016 3% 2017+ 6% MHD (6 - 7) and LHD 4 - 5 Diesel 2014 - 2016 5% 2017+ 9% Gasoline 2016+ 5%

321 Section II of this preamble discusses an alternative engine standard for the HD diesel engines in the 2014, 2015, and 2016 model years. To the extent that engines using this alternative are expected to have baseline emissions greater than the industry av erage, the reduction from the industry average projected in this program wo uld be reduced.***** E.O. 12866 Review**
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406 of 971 **Table VI**  **- 2**  **: Estim ated Reductions in Rolling Resistance Coefficient, Aerodynam**  **ic Drag Coefficient, and Gross Combined Weight**  T ruck ty pe Reduction in T ire

CRR from B aseline Reduction in Cd

from B aseline Weight

reduction (lbs.) Combination long - haul 9.6% 12.1% 400 Combination short haul 7.0% 5.9% 321 Straight trucks, refuse trucks, motor homes, transit buses, and other vocational vehicles 5.0 % 0% 0

Since nearl y all HD pickup trucks and vans will be certified on a chassis dy namometer, the CO 2 reductions for these vehicles will not be represented as engine and road load reduction components , but rather as total vehicle CO 2 reductions . These estimated reductions are described in Table VI - 3 . **Table VI**  **- 3**  **: Estim ated Total Vehicle CO**  **2 Reductions for HD Pickup Trucks and Van**  **s** GVWR C lass Fuel Model year CO 2 Reduction from Baseline HD Pickup Trucks and Vans Gasoline 2014 1.5% 2015 2% 2016 4% 2017 6% 2018+ 10% Diesel 2014 2.3%

2015 3% 2016 6% 2017 9% 2018+ 15% 

### C. **What Are the**  **Projected Reductions in Fuel Consumption and GHG Emissions?**  EPA and NHTSA expect significant reductions in GHG emissions and fuel consumption from these final rules

– emission reductions from both downstream (tailpipe) and upstream (fuel production and di stribution) sources, and fuel consumption reductions from more efficient vehicles. Increased vehicle efficiency and reduced vehicle fuel consumption will also reduce GHG emissions from upstream sources. The following***** E.O. 12866 Review**
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407 of 971 subsections summarize the GHG emissio ns and fuel consumption reductions expected from these final rules. **(1) Downstream (Tailpipe)**  Consistent with the proposal, EPA used MOVES to estimate downstream GHG inventories from these final rules. We expect reductions in CO 2 from all heav y - dut y vehicle c ategories. The reductions come from engine and vehicle improvements. EPA expects N 2 O emissions to increase very slightly because of a rebound in vehicle miles traveled (VMT) and because significant vehicle emissions reductions are not expected from these final rules. In the proposal, we did not account for differences in methane emissio ns from use of auxiliary power units (APUs) during extended idling from sleeper cab combination tractors. After accounting for these differences, EPA expects methane emissions to decrease primarily due to differences in hydrocarbon emission characteristic s between on - road diesel engines and APUs. The amount of methane emitted as a fraction of total hydrocarbons is significantly less for APUs than for diesel engines equipped with diesel particulate filters. Overall, downstream GHG emissions will be reduce d significantly and are described in the following subsections. For CO 2 and fuel consumption, the total energy consumption “pollutant” was run in MOVES rather than CO 2 itself. The energy was converted to fuel consumption based on fuel heating values as sumed in the Renewable Fuels Standard and used in the development of MOVES emission and energy rates. These values are 117,250 kJ/gallon for gasoline blended with ten percent ethanol (E10) 322 and 138,451 kJ/gallon for diesel. 323 To calculate CO 2 , the agenci es assumed a CO 2 content of 8,576 g/gallon for E10 and 10,180 g/gallon for diesel. Table VI - 4 shows the fleet - wide GHG reductions and fuel savings from reference cas e to control case through the lifetime of model year 2014 through 2018 heav y - dut y vehicles. Table VI - 5 shows the downstream GHG emissions reductions and fuel savings in 2018, 2030, and 2050. The anal ys is follows what was done for the proposal. We did not receive comments indicating that this analy sis was inappropriate or insufficient for estimating downstream emissions impacts of this program.

322 Renewable Fuels Standards assumptions of 115,000 BTU/gallon gasoline (E0) and 76,330 BTU/gallon ethanol (E100) w eighted 90% and 10%, respectively, and converted to kJ at 1.055 kJ/B TU . 323 MOVES2004 Energy and Emission Inputs. EPA420 - P - 05 - 003, March 2005. http://www.epa.gov/otaq/models/ngm/420p05003.pdf***** E.O. 12866 Review**
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408 of 971 **Table VI**  **- 4**  **Model Year 2014 through 2018 Lifetim e GHG Reductions and Fuel Savings**  **by Heavy -**  **duty Truck Category** Downstream GHG Reductions (MMT CO 2 eq) Fuel Savings (billion gallons) HD pickups/vans 18 1.9 Vocational 24 2.4 Combination short - haul (Day cabs) 50 4.9 Combination long - haul (Sleeper cabs) 135 12.9

**Table VI**  **- 5**  **: Annual Downstream GHG Emissions Reductions and Fuel Savings**  **in 2018, 2030, and 2050** Downstream GHG Reductions (MMT CO 2 eq) Diesel Savings (million gallons) Gasoline Savings

(million gallons) 2018 2 2 2,123 59 2030 61 5,670 349 2050 89 8,158 522 **(2) Upstream (Fuel Production and Distribution)**  Using the same approach as used in the NPRM, the u pstream GHG emission reductions associated with the production and distribution of fuel were projected using emission factors from DOE’s “Greenhouse Gases, Regulated Emissions, and Energy Use in Transportation” ( GREET1.8 ) model, with some modifications consistent with the Li ght - Dut y 2012 - 2016 MY v ehicle rule . More information regarding these modifications can be found in the RIA Chapter 5. These estimates include both international and domestic emission reductions, since reductions in foreign exports of finished gasoline and/or crude make up a significant share of the fuel savings resulting from the GHG standards. Thus, significant portions of the upstream GHG emission reductions will occur outside of the United States ; a breakdown and discussion of proj ected international versus domestic reductions is included in the RIA Chapter 5 . GHG emission reductions from upstream sources can be found in Table VI - 6 .

**Table VI**  **- 6**  **: Annual Upstream GHG Emissions Reductions in 2018, 2030, and 2050** CO 2 (MMT) CH 4 (MMT

CO 2 eq) N 2 O (MMT

CO 2 eq) Total GHG (MMT

CO 2 eq) 2018 5.1 0. 9 0.02 6.0 2030 12.2 1.9 0.06 14.2 2050 16.4 2.5 0. 08 19.0***** E.O. 12866 Review**
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409 of 971 **(3) HFC**  **Em issions**  Based on projected HFC emission reductions due to the final AC leakage standards, EPA estimates the HFC reductions to be 120,000 metric tons of CO 2 eq in 2018, 440,000 metric tons of CO 2 eq emissions in 2030 and 600,000 metric tons CO 2 eq in 2050, a s detailed in RIA Chapter 5.3.4. **(4) Total (Upstream + Downstream + HFC)**  Tabl e VI - 7 combines downstream results from Table VI - 5 , upstream results Table VI - 6 , and HFC results to show total GHG reductions for calendar y ears 2018, 2030, and 2050. **Tabl e**  **VI -**  **7 : Annual Total GHG Emissions Reductions in 2018, 2030, and 2050**  GHG Reductions (MMT CO 2 eq) 2018 2 9 2030 7 6 2050 1 08 

### D. **Overview of Climate**  **Change Impacts from GHG Emissions** Once emitted, GHGs that are the subject of this regulation can remain in the atmosphere for decades to millennia , meaning that 1) their concentrations become well mixed throughout the global atmosphere regardless of emission origin, and 2) their effects on climate are long lasting. GHG emissions come mainly from the combustion of fossil fuels (coal, oil, and gas), with additional contributions from the clearing of forests and agricultural activities. Transportation activities, in aggregate, are the second largest contributor to total U.S. GHG emissions (27 percent of total emissions ) despite a decline in emissions from this sector during 2008 . 324 This section provides a summary of observed and projected changes in GHG emissions and associated climate change impacts . The source document for the section below is the Technical Support Document (TSD) 325 for EPA’s Endangerment and Cause or Contribute Findings Under the Clean Air Act (74 FR 66496, December 15, 2009). Below is the Executive Summary of the TSD which provides technical s upport for the endangerment and cause or contribute analy ses concerning GHG emissions under section 202(a) of the CAA . The TSD reviews observed and projected changes in climate based on current and projected atmospheric GHG concentrations and emissions, a s well as the related impacts and risks from climate change that are projected in the absence of GHG mitigation actions, including this program and other U.S. and global actions. The TSD was updated and revised based on expert technical review and public c omment as part of EPA’s rulemaking process for the final Endangerment Findings . The key findings

324 U.S. EPA (2010) Inventory of U.S. Greenhouse Gas Emi ssions and Sinks: 1990

–2007. EPA - 430 - R - 10 - 006, Washington, DC. 325 See Endangerment TSD, Note 10 above.***** E.O. 12866 Review**
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410 of 971 sy nthesized here and the information throughout the TSD are primaril y drawn from the assessment reports of the Intergovernmental Panel on Climate Change (IPCC ), the U.S. Climate Change Science Program (CCSP), the U.S. Global Change Research Program (USGCRP), and NRC. 326 In May 2010, the NRC published its comprehensive assessment, “Advancing the Science of Climate Change .” 327 Itconcluded that “climate change is oc curring, is caused largel y b y human activities, and poses significant risks for

— and in man y cases is already affecting

— a broad range of human and natural systems.” Furthermore, the NRC stated that this conclusion is based on findings that are “consistent with the conclusions of recent assessments b y the U.S. Global Change Research Program, the Intergovernmental Panel on Climate Change’s Fourth Assessment Report, and other assessments of the state of scientific knowledge on climate change.” These are the s ame assessments that served as the primary

scientific references underl yi ng the Administrator’s Endangerment Finding. Importantly , this recent NRC assessment represents another independent and critical inquiry

of the state of climate change science, separ ate and apart from the previous IPCC and USGCRP assessments **(1) Observed Trends in Greenhouse Gas Emissions and Concentrations**  The primary

long - lived GHGs directl y emitted by human activities include CO 2 , CH 4 , N 2 O, HFCs, PFCs, and SF 6 . Greenhouse gases have a warming effect by trapping heat in the atmosphere that would otherwise escape to space. In 2007, U.S. GHG emissions were 7,150 teragrams 328 of CO 2 equivalent 329 (TgCO 2 eq). The dominant gas emitted is CO 2 , mostly

from fossil fuel combustion. Methane is the second largest component of U.S. emissions, followed by N 2 O and the fluorinated gases (HFCs, PFCs, and SF 6 ). Electricit y generation is the largest emitting sector (34% of total U.S. GHG emissions), followed by

transportation (2 7 %) and indu stry (19%). Transportation sources under s ection 202 (a) 330 of the CAA (passenger cars, light duty trucks, other trucks and buses, motorcycles, and passenger cooling) emitted 1,649 TgCO 2 eq in 2007, representing 23% of total U.S. GHG emissions. U.S. transportation

326 For a complete list of core references fro m IPCC, USGCRP/CCSP, NRC and others relied upon for development of the TSD for EPA’s Endangerment and Cause or Contribute Findings See section 1(b), specifically, Table 1.1 of the TSD Docket: EPA - HQ - OAR - 2009 - 0171 - 11645 . 327 National Research Council (NRC) ( 2010). Advancing the Science of Climate Change. National Academy Press . Washington, DC. 328 One teragram (Tg) = 1 million metric tons. 1 metric ton = 1,000 kilograms = 1.102 short tons = 2,205 pounds. 329 Long - lived GHGs are compared and summed together on a CO 2 - equivalent basis by multiplying each gas by its global warming potential (GWP), as estimated by IPCC. In accordance with United Nations Fram ew ork Convention on Climate Change (UNFCCC) reporting procedures, the U.S. quantifies GHG emissions in the o fficial U.S. greenhouse gas inventory submission to the UNFCCC using the 100 - year time frame values for GWPs established in the 1996 IPCC Second Assessment Report. 330 Source categories under Section 202(a) of the CAA are a subset of source categories consid ered in the transportation sector and do not include emissions from non - highway sources such as boats, rail, aircraft, agricultural equipment, construction/mining equipment, and other off - road equipment.***** E.O. 12866 Review**
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411 of 971 sources under s ection 202 (a) made up 4.3% of total global GHG emissions in 2005, 331 which, in addition to the United States as a whole, ranked onl y behind total GHG emissions from China, Russia, and India but ahead of Japan, Brazil, Germany , and the r est of the world’s countries. In 2005, total U.S. GHG emissions were responsible for 18% of global emissions, ranking only behind China, which was responsible for 19% of global GHG emissions. Th e scope of this final action focuses on GHG emissions under s ection 202(a) from heavy - dut y source categories (see Section II) . The global atmospheric CO 2 concentration has increased about 38% from pre industrial levels to 2009, and almost all of the increase is due to anthropogenic emissions. The global atmospheric concentration of CH 4 has increased by 149% since pre - industrial levels (through 2007); and the N 2 O concentration has increased b y 23% (through 2007). The observed concentration increase in these gases can also be attributed primarily to anthropogenic e missions. The industrial fluorinated gases, HFCs, PFCs, and SF 6 , have relativel y low atmospheric concentrations but the total radiative forcing due to these gases is increasing rapidly ; these gases are almost entirely anthropogenic in origin. Historic data show that current atmospheric concentrations of the two most important directly

emitted, long - lived GHGs (CO 2 and CH 4 ) are well above the natural range of atmospheric concentrations compared to at least the last 650,000 years. Atmospheric GHG concentrations have been increasing because anthropogenic emissions have been outpacing the rate at which GHGs are removed from the atmosphere b y natural processes over timescales of decades to centuries. **(2) Observed Effects Associated With Global Elevated Concentrati**  **ons of GHGs**  Greenhouse gases, at current (and projected) atmospheric concentrations, remain well below published exposure thresholds for an y direct adverse health effects and are not expected to pose exposure risks (i.e., from breathing/inhalation) . The global average net effect of the increase in atmospheric GHG concentrations, plus other human activities (e.g., land - use change and aerosol emissions), on the global energy balance since 1750 has been one of warming. This total net heating effect, referre d to as forcing, is estimated to be +1.6 (+0.6 to +2.4) watts per square meter (W/m 2 ), with much of the range surrounding this estimate due to uncertainties about the cooling and warming effects of aerosols. However, as aerosol forcing has more regional v ariability

than the well - mixed, long - lived GHGs, the global average might not capture some regional effects. The combined radiative forcing due to the cumulative (i.e., 1750 to 2005) increase in atmospheric concentrations of CO 2 , CH 4 , and N 2 O is estimated to be +2.30 (+2.07 to +2.53) W/m2 . The rate of increase in positive radiative forcing due to these three GHGs during the industrial era is very likely to have been unprecedented in more than 10,000 years.

331 More recent emission data are available for the Un ited States and other individual countries, but 2005 is the most recent year for which data for all countries and all gases are available.***** E.O. 12866 Review**
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412 of 971 Warming of the climate system is unequivocal, as i s now evident from observations of increases in global average air and ocean temperatures, widespread melting of snow and ice, and rising global average sea level. Global mean surface temperatures have risen by 1.3 ± 0.32  F (0.74°C ± 0.18  C) over the last 100 years. Nine of the 10 warmest y ears on record have occurred since 2001. Global mean surface temperature was higher during the last few decades of the 20th century than during any comparable period during the preceding four centuries. Most of the o bserved increase in global average temperatures since the mid - 20th century is very likel y due to the observed increase in anthropogenic GHG concentrations. Climate model simulations suggest natural forcing alone (i.e., changes in solar irradiance) cannot explain the observed warming. U.S. temperatures also warmed during the 20 th and into the 21 st century ; temperatures are now approximately 1.3°F (0.7°C) warmer than at the start of the 20 th century , with an increased rate of warming over the past 30 years . Both the IP CC 332 and the CCSP reports attributed recent North American warming to elevated GHG concentrations. In the CCSP (2008) report, 333 the authors find that for North America, “more than half of this warming [for the period 1951 - 2006] is likely the r esult of human caused greenhouse gas forcing of climate change.” Observations show that changes are occurring in the amount, intensity , frequency and ty pe of precipitation. Over the contiguous United States, total annual precipitation increased b y 6.1% from 1901 to 2008. It is likely that there have been increases in the number of heav y precipitation events within many land regions, even in those where there has been a reduction in total precipitation amount, consistent with a warming climate. There is strong evidence that global sea level gradually rose in the 20 th century and is currentl y rising at an increased rate. It is not clear whether the increasing rate of sea level rise is a reflection of short - term variability or an increase in the longer - term trend. Nearl y all of the Atlantic Ocean shows sea level rise during the last 50 y ears with the rate of rise reaching a maximum (over 2 millimeters [mm] per year) in a band along the U.S. east coast running east - northeast . Satellite data since 1979 show that annual average Arctic sea ice extent has shrunk by 4.1% per decade. The size and speed of recent Arctic summer sea ice loss is highl y anomalous relative to the previous few thousands of years.

332 Hegerl, G.C. et al. (2007) Understanding and Attributing Climate Change. In: Climate Change 2007: The Physical Scie nce Basis. Contribution of Working Group I to the Fourth Assessment Report of the Intergovernmental Panel on Climate Change [Solomon, S., D. Qin, M. Manning, Z. Chen, M. Marquis, K.B. Averyt, M. Tignor, and H.L. Miller (eds.)]. Cambridge University Press, Cambridge, United Kingdom and New York, NY, USA. 333 CCSP (2008) Reanalysis of Historical Climate Data for Key Atmospheric Features: Implications for Attribution of Causes of Observed Change . A Report by the U.S. Climate Change Science Program and the Subcommittee on Global Change Research [Randall Dole, Martin Hoerling, and Siegfried Schubert (eds.)]. National Oceanic and Atmospheric Administration, National Climatic Data Center, Asheville, NC, 156 pp.***** E.O. 12866 Review**
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413 of 971 Widespread changes in extreme temperatures have been observed in the last 50 ye ars across all world regions, including the United States. Cold day s, cold nights, and frost have become less frequent, while hot day s, hot nights, and heat waves have become more frequent. Observational evidence from all continents and most oceans shows that many natural s ys tems are being affected by regional climate changes, particularly temperature increases. However, directly attributing specific regional changes in climate to emissions of GHGs from human activities is difficult, especially for precipitation. Ocean CO 2 uptake has lowered the average ocean pH (increased acidity) level by approximat ely

0.1 since 1750. Consequences for marine ecos ys tems can include reduced calcification by

shell - forming organisms, and in the longer term, the dissolution of carbonate sediments. Observations show that climate change is currently affecting U.S. phy sical and biological s ys tems in significant way s. The consistency of these observed changes in phy sical and biological sy stems and the observed significant warming likely cannot be explained entirely

due to natural variability or other confounding non - climate f actors. **(3) Projections of Future Climate Change**  **w ith Continued Increases in**  **Elevated GHG Concentrations** Most future scenarios that assume no explicit GHG mitigation actions (beyond those already enacted) project increasing global GHG emissions over the century, with climbing GHG concentrations. Carbon dioxide is expected to remain the dominant anthropogenic GHG over the course of the 21 st century . The radiative forcing associated with the non - CO 2 GHGs is still significant and increasing over time. Future warming over the course of the 21 st century, even under scenarios of low emission growth, is very

likely to be greater than observed warming over the past century . According to climate model simulations summarized by the IPCC , 334 through about 2030, the globa l warming rate is affected little by the choice of different future emissions scenarios. By

the end of the 21 st century , projected average global warming (compared to average temperature around 1990) varies significantl y depending on the emission scenario and climate sensitivity assumptions, ranging from 3.2 to 7.2  F (1.8 to 4.0  C), with an uncertainty range of 2.0 to 11.5  F (1.1 to 6.4  C). All of the United States is very likely to warm during this century , and most areas of the United States are expected to warm by more than the global average. The largest warming is projected to occur in winter over northern par ts of Alaska. In western, central and eastern regions of North America, the projected warming has less seasonal variation

334 Meehl, G.A. et al. (2007) Global Climate Projections. In: Climate Change 2007: The Physical Science Basis. Contribution of Working Group I to the Fourth Assessment Report of the Intergovernmental Panel on Climate Change [Solomon, S., D. Qin, M. Manning, Z. Chen, M. Marquis, K.B. Averyt, M. Tignor and H.L. Mil ler (eds.)]. Cambridge University Press, Cambridge, United Kingdom and New York, NY, USA.***** E.O. 12866 Review**
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414 of 971 and is not as large, especially near the coast, consistent with less warming over the oceans. It is very likel y that heat waves wil l become more intense, more frequent, and longer lasting in a future warm climate, whereas cold episodes are projected to decrease significantl y. In creases i n the amount of precipitation are very likely in higher latitudes, while decreases are likel y in mo st subtropical latitudes and the southwestern United States, continuing observed patterns. The mid - continental area is expected to experience drying during summer, indicating a greater risk of drought. Intensit y of precipitation events is projected to in crease in the United States and other regions of the world. More intense precipitation is expected to increase the risk of flooding and result in greater runoff and erosion that has the potential for adverse water quality effects. It is likel y that hurri canes will become more intense, with stronger peak winds and more heav y precipitation associated with ongoing increases of tropical sea surface temperatures. Frequency changes in hurricanes are currently too uncertain for confident projections. By the end of the century, global average sea level is projected b y IPCC 335 to rise between 7.1 and 23 inches (18 and 59 centimeter [cm]), relative to around 1990, in the absence of increased dyn amic ice sheet loss. Recent rapid changes at the edges of the Greenland and West Antarctic ice sheets show acceleration of flow and thinning. While an understanding of these ice sheet processes is incomplete, their inclusion in models would likely

lead to increased sea level projections for the end of the 21 st century. Sea ice extent is projected to shrink in the Arctic under all IPCC emissions scenarios. **(4) Projected Risks and Impacts Associated With Future Climate Change**  Risk to society , ecos ys tems, and many natural Earth processes increase with increases in both th e rate and magnitude of climate change. Climate warming may increase the possibility

of large, abrupt regional or global climatic events (e.g., disintegration of the Greenland Ice Sheet or collapse of the West Antarctic Ice Sheet). The partial deglaciati on of Greenland (and possibly West Antarctica) could be triggered by a sustained temperature increase of 2 to 7  F (1 to 4oC) above 1990 levels. Such warming would cause a 13 to 20 feet (4 to 6 meter) rise in sea level, which would occur over a time period of centuries to millennia.

335 IPCC (2007) Summary for Policymakers. In: Climate Change 2007: The Physical Science Basis. Contribution of Working Group I to the Fourth Assessment Report of the Intergovernmental Panel on Climate Change [Solomon, S., D. Qin, M. Manning, Z. Chen, M. Marquis, K.B. Averyt, M. Tignor and H.L. Miller (eds.)]. Cambridge University Press, Cambridge, United Kingdom and New York, NY, USA.***** E.O. 12866 Review**
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415 of 971 The CCSP 336 reports that climate change has the potential to accentuate the disparities already evident in the American health care s ys tem, as many of the expected health effects are likel y to fall disproportionatel y on the poor, the elderly , the disabled, and the uninsured. The IPCC 337 states with very high confidence that climate change impacts on human health in U.S. cities will be compounded by population growth and an aging population. Severe heat waves are projected to intensify in magnitude and duration over the portions of the United States where these events already occur, with potential increases in mortality and morbidity , especiall y among the elderly, young, and frail. Some reduction in the risk of death related to extreme cold is expected. It is not clear whether reduced mortality from cold will be greater or less than increased heat related mortalit y in the United States due to climate change. I ncreases in regional ozone pollution relative to ozone levels without climate change are expected due to higher temperatures and weaker circulation in the United States and other world cities relative to air quality levels without climate change. Climate change is expected to increase regional ozone pollution, with ass ociated risks in respiratory

illnesses and premature death. In addition to human health effects, tropospheric ozone has significant adverse effects on crop yi elds, pasture and forest growth, and species composition. The directional effect of climate chan ge on ambient particulate matter levels remains uncertain. Within settlements experiencing climate change, certain parts of the population may be especially

vulnerable; these include the poor, the elderl y, those already in poor health, the disabled, those living alone, and/or indigenous populations dependent on one or a few resources. Thus, the potential impacts of climate change raise environmental justice issues. The CCSP 338 concludes that, with increased CO 2 and temperature, the life cycle of grain and o ilseed crops will likely progress more rapidly . But, as temperature rises, these crops will increasingl y begin to experience failure, especiall y if climate variability increases and precipitation lessens or becomes more variable. Furthermore, the

336 Ebi, K.L., J. Balbus, P.L. Kinney, E. Lipp, D. Mills, M.S. O’Neill, and M. Wilson (2008) Effects of Global Change on Human Health. In: Analyses of the effects of global change on human health and welfare and human systems . A Report by the U.S. Climate Change Science Program and the Subcommittee on Global Change Research. [Gamble, J.L. (ed.), K.L. Ebi, F.G. Sussman, T.J. Wilbanks, (Authors)]. U.S. Environmental Protection Agency, Washington, DC, USA, pp. 2 - 1 to 2 - 78. 337 Field, C.B. et al. (2007) North America. In: Climate Change 2007: Impacts, Adaptation and Vulnerability. Contribution of Working Group II to the Fourth Assessment Report of the Intergovernmental Panel on Climate Change [M.L. Parry, O.F. Canziani, J.P. Palutikof, P.J. van der Linden and C.E. Hanson (eds.)]. Cambridge Univ ersity Press, Cambridge, United Kingdom and New York, NY, USA. 338 Backlund, P., A. Janetos, D.S. Schimel, J. Hatfield, M.G. Ryan, S.R. Archer, and D. Lettenmaier (2008) Executive Summary. In: The Effects of Climate Change on Agriculture, Land Resources, Water Resources, and Biodiversity in the United States. A Report by the U.S. Climate Change Science Program and the Subcommittee on Global Change Research. Washington, DC., USA, 362 pp.***** E.O. 12866 Review**
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416 of 971 marketa ble yi eld of many

horticultural crops (e.g., tomatoes, onions, fruits) is very likel y to be more sensitive to climate change than grain and oilseed crops. Higher temperatures will very likely reduce livestock production during the summer season in some are as, but these losses will very likely be partially

offset by warmer temperatures during the winter season. Cold - water fisheries will likely be negativel y affected; warm - water fisheries will generall y benefit; and the results for cool - water fisheries will be mixed, with gains in the northern and losses in the southern portions of ranges. Climate change has very

likely increased the size and number of forest fires, insect outbreaks, and tree mortality in the interior West, the Southwest, and Alaska, and will continue to do so. Over North America, forest growth and productivity have been observed to increase since the middle of the 20 th century , in part due to observed climate change. Rising CO 2 will very likely increase photosy

nthesis for forests, but the in creased photosy nthesis will likely

only increase wood production in young forests on fertile soils. The combined effects of expected increased temperature, CO 2 , nitrogen deposition, ozone, and forest disturbance on soil processes and soil carbon storage r emain unclear. Coastal communities and habitats will be increasingl y stressed b y climate change impacts interacting with development and pollution. Sea level is rising along much of the U.S. coast, and the rate of change will very likel y increase in the f

uture, exacerbating the impacts of progressive inundation, storm - surge flooding, and shoreline erosion. Storm impacts are likel y to be more severe, especiall y along the Gulf and Atlantic coasts. Salt marshes, other coastal habitats, and dependent species are threatened b y sea level rise, fixed structures blocking landward migration, and changes in vegetation. Population growth and rising value of infrastructure in coastal areas increases vulnerability to climate variability

and future climate change. Cli mate change will likely further constrain already over - allocated water resources in some regions of the United States, increasing competition among agricultural, municipal, industrial, and ecological uses. Although water management practices in the United States are generall y advanced, particularly in the West, the reliance on past conditions as the basis for current and future planning may no longer be appropriate, as climate change increasingl y creates conditions well outside of historical observations. Rising temperatures will diminish snowpack and increase evaporation, affecting seasonal availability of water. In the Great Lakes and major river sy stems, lower water levels are likely to exacerbate challenges relating to water quality , navigation, recreation, hydropower generation, water transfers, and binational relationships. Decreased water suppl y and lower water levels are likel y to exacerbate challenges relating to aquatic navigation in the United States. Higher water temperatures, increased precipitation intensity , and longer periods of low flows will exacerbate man y forms of water pollution, potentially making attainment of water quality

goals more difficult. As waters become warmer, the aquatic life they now support will be replaced b y other sp ecies better adapted to warmer water. In the***** E.O. 12866 Review**
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417 of 971 long term, warmer water and changing flow may result in deterioration of aquatic ecos ys tems. Ocean acidification is projected to continue, resulting in the reduced biological production of marine calcifiers, including corals. Climate change is likely

to affect U.S. energy

use and energy

production and phy sical and institutional infrastructures. It will also likely interact with and possibly exacerbate ongoing environmental change and environmental pressures in settlements, particularl y in Alaska where indigenous communities are facing major environmental and cultural impacts. The U.S. energy sector, which relies heavil y on water for hydropower and cooling capacit y, may be adversel y impacted by changes to wate r supply and quality in reservoirs and other water bodies. Water infrastructure, including drinking water and wastewater treatment plants, and sewer and stormwater management s ys tems, will be at greater risk of flooding, sea level rise and storm surge, low flows, and other factors that could impair performance. Disturbances such as wildfires and insect outbreaks are increasing in the United States and are likel y to intensify in a warmer future with warmer winters, drier soils, and longer growing seasons. A lthough recent climate trends have increased vegetation growth, continuing increases in disturbances are likely to limit carbon storage, facilitate invasive species, and disrupt ecosystem services. Over the 21 st century , changes in climate will cause spe cies to shift north and to higher elevations and fundamentally rearrange U.S. ecosy stems. Differential capacities for range shifts and constraints from development, habitat fragmentation, invasive species, and broken ecological connections will alter ecos ys tem structure, function, and services. **(5) Present and Projected U.S. Regional Climate Change Impacts**  Climate change impacts will vary in nature and magnitude across different regions of the United States. Sustained high summer temperatures, heat waves, an d declining air qualit y are projected in the Northeast, 339 Southeast, 340 Southwest, 341 and Midwest. 342 Projected climate change would continue to cause loss of sea ice, glacier retreat, permafrost thawing, and coastal erosion in Alaska.

339 Northeast includes West Virginia, Maryland, Delaware, Pennsylvania, New Jersey, Ne w York, Connecticut, Rhode Island, Massachusetts, Vermont, New Hampshire, and Maine. 340 Southeast includes Kentucky, Virginia, Arkansas, Tennessee, North Carolina, South Carolina, southeast Texas, Louisiana, Mississippi, Alabama, Georgia, and Flo rida. 341 Southwest includes California, Nevada, Utah, western Colorado, Arizona, New Mexico (except the extreme eastern section), and southwest Texas. 342 The Midwest includes Minnesota, Wisconsin, Michigan, Iowa, Illinois, Indiana, Ohio, and Missouri.***** E.O. 12866 Review**
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418 of 971 Reduced snowpack, earlier spring snowmelt, and increased likelihood of seasonal summer droughts are projected in the Northeast, Northwest, 343 and Alaska. More severe, sustained droughts and water scarcit y are projected in the Southeast, Great Plains, 344 and Southwest. The Southeast, Midwest, and Northwest in particular are expected to be impacted by an increased frequency

of heavy downpours and greater flood risk. Ecosy stems of the Southeast, Midwest, Great Plains, Southwest, Northwest, and Alaska are expected to experience altered distribution of native species (including local extinctions), more frequent and intense wildfires, and an increase in insect pest outbreaks and invasive species. Sea level rise is expected to increase storm surge height and strength, flooding, erosion, and wetland loss along the coasts, particularly in the Northeast, Southeast, and islands. Warmer water temperatures and ocean acidification are expected to degrade important aquatic resources of islands and coasts such as coral reefs and fisheries. A longer growing season, low levels of warming, and fertilization effects of carbon dioxide may

benefit certain crop species and forests, particularl y in the Northeast and Alaska . Projected summer rainfall increases in the Pacific islands may augment limited freshwater supplies. Cold - related mortality is projected to decrease, especiall y in the Southeast . In the Midwest in particular, heating oil demand and snow - related traffic accidents are expected to decrease. Climate change impacts i n certain regions of the world may exacerbate problems that raise humanitarian, trade, and national security issues for the United States. The IPCC 345 identifies the most vulnerable world regions as the Arctic, because of the effects of high rates of projec ted warming on natural s ys tems; Africa, especially the sub - Saharan region, because of current low adaptive capacit y as well as climate change; small islands, due to high exposure of population and infrastructure to risk of sea level rise and increased stor

m surge; and Asian mega - deltas, such as the Ganges - Brahmaputra and the Zhujiang, due to large populations and high exposure to sea level rise, storm surge and river flooding. Climate change has been described as a potential threat multiplier with regard t o national security issues.

343 The Northw est includes Washington, Idaho, w estern Montana, and Oregon. 344 The Great Plains includes central and eastern Montana, North Dakota, South Dakota, Wyoming, Nebraska, eastern Colorado, Nebraska, Kansas, extreme eastern New Mexico, central Texas, and Oklahoma 345 Parry, M.L. et al. (2007) Technical Summary. In: Climate Change 2007: Impacts, Adaptation and Vulnerability. Contribution of Working Group II to the Fourth Assessment Report of the Intergovernmental Panel on Climate Change [ M.L. Parry, O.F. Canziani, J.P. Palutikof, P.J. van der Linden, and C.E. Hanson (eds.)], Cambridge University Press, Cambridge, United Kingdom, pp. 23 S 78.***** E.O. 12866 Review**
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### E. **Changes in Atmospheric CO**  **2** 

### Concentrations, Global Mean **Temperature, Sea Level Rise**  **, and Ocean pH Associated with the**  **Program ’s GHG Emissions Reductions**  EPA examined 346 the reductions in CO 2 and other GHGs associated with th is rule making and analyzed the projected effects on atmospheric CO 2 concentrations, global mean surface temperature , sea level rise , and ocean pH which are common variables used as indicators of climate change. The anal ys is projects that the preferred alternative of this program will reduce atmospheric concentrations of CO 2 , global climate warming and sea level rise relative to the reference case . Although the projected reductions and improvements are small in comparison to the total projected climate change , they are quantifiable , directionally consistent, and will contribute to reducing the risks associated with climate change . Climate change is a global phenomenon and EPA recognizes that this one natio nal action alone will not prevent it: EPA notes this would be true for an y given GHG mitigation action when taken alone. EPA also notes that a substantial portion of CO 2 emitted into the atmosphere is not removed by natural processes for millennia, and therefore each unit of CO 2 not emitted into the atmosphere due to this program avoids essentially

permanent climate change on centennial time scales. T he heav y - dut y program makes a significant contribution towards addressing the challenge by producing substantial reductions in greenhouse gas emissions from a particu larl y large and important source of emissions. As the Supreme Court recognized in State of Massachusetts v. EPA , [ A ]a gencies, like legislatures, do not generally resolve massive problems like climate change in one fell regulatory swoop. 549 U.S. 497, 524 (2008) . They instead whittle away

at them over time. Id. EPA determines that the projected reductions in atmospheric CO 2 , global mean temperature and sea level rise are meaningful in the context of this final action. In addition, EPA has conducted an analy sis to evaluate the projected changes in ocean pH in the context of the changes in emissions from this rulemaking. The results of the anal ys is demonstrate that relative to the reference case, projected atmospheric CO 2 concentrations are estimated to b e reduced by 0.691 to 0.787 part per million by volume (ppmv), global mean temperature is estimated to be reduced b y 0.0017 to 0.0042°C, and sea - level rise is projected to be reduced by approximately 0.017 - 0.040 cm by 2100, based on a range of climate sens itivities. The anal ys is also demonstrates that ocean pH will increase by 0.0003 pH units by

2100 relative to the reference case. **(1) Estimated Projected Reductions in**  **Atmospheric CO 2**  **Concentration, Global Mean Surface Temperatures**  **, Sea Level Rise**  **, and Ocean pH**  EPA estimated changes in the atmospheric CO 2 concentration, global mean temperature , and sea level rise out to 2100 resulting from the emissions reductions in this rulemaking using the GCAM ( Global Change Assessment Model, formerl y MiniCAM),

346 Using the Model for the Assessment of Greenhouse Gas Induced Climate Change (MAGICC) 5.3v2, http://www.cgd.ucar.edu/cas/wi gley/magicc/), EPA estimated the effects of this rulemaking’s greenhouse gas emissions reductions on global mean temperature and sea level. Please refer to Chapter 8.4 of the RIA for additional information.***** E.O. 12866 Review**
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420 of 971 integrated assessment model 347 coupled with the Model for the Assessment of Greenhouse Gas Induced Climate Change (MAGICC, version 5.3 v2 ). 348 G CAM was used to create the globally and temporall y consistent set of climate relevant variables required for running MAGI CC. M AGI CC was then used to estimate the projected change in the se variables over time. Given the magnitude of the estimated emissions reductions associated with th is action , a simple climate model such as MAGI CC is reasonable for estimating the atmospheric an d climate response. This widely - used, peer reviewed modeling tool was also used to project temperature and sea level rise under different emissions scenarios in the Third and Fourth Assessments of the IPCC. The integrated impact of the following pollutant and greenhouse gas emissions changes are considered: CO 2 , CH 4 , N 2 O, HFC - 134a, NO X , CO 2 and SO 2 , and volatile organic compounds (VOC). For CO 2 , CH 4 , HFC - 134a, and N 2 O an annual time - series of (upstream + downstream) emissions reductions estimated from th e rulemaking were input directly . The GHG emissions reductions , from Section VI .C, were applied as net reductions to a global reference case (or baseline) emissions scenario in GCAM to generate an emissions scenario specific to this rulemaking . For CO, VOCs, SO 2 , and NO X , emissions reductions were estimated for 2018, 2030, and 2050 (provided in Section VII.A). EPA then linearly scaled emissions reductions for these gases between a zero input value in 2013 and the value supplied for 2018 to produce the r eductions for 2014 - 2018. A similar scaling was used for 2019 - 2029 and 2031 - 2050. The emissions reductions past 2050 for all gases were scaled with total U.S. road transportation fuel consumption from the GCAM reference scenario. Road transport fuel cons umption past 2050 does not change significantly and thus emissions reductions remain relatively constant from 2050 through 2100. Specific d etails about the GCAM reference case scenario can be found in Chapter 8.4 of the RIA that accompanies this preamble . MAGI CC calculates the forcing response at the global scale from changes in atmospheric concentrations of CO 2 , CH 4 , N 2 O, HFCs, and tropospheric ozone. It also includes the effects of temperature changes on stratospheric ozone and the effects of CH 4 emis sions on stratospheric water vapor. Changes in CH 4 , NO X , VOC, and CO emissions affect both O 3 concentrations and CH 4 concentrations. MAGI CC includes the relative climate forcing effects of changes in sulfate concentrations due to changing SO 2 emissions, i ncluding both the direct effect of sulfate particles and the indirect effects related to cloud interactions. However, MAGICC does not calculate the effect of changes in concentrations of other aerosols such as nitrates, black carbon, or organic carbon, 347 G CAM is a long - term , global integrated assessm ent model of energy, economy, agriculture and land use, that considers the sources of emissions of a suite of GHG ’ s, emitted in 14 globally disaggregated regions, the fate of emissions to the atmosphere, and the consequences of changing concentrations of greenhouse related gases for climate change. GCAM begins with a representation of demographic and economic developments in each region and combines these with assumptions about technology development to describe an internally consistent representation of en ergy , agriculture, land - use, and economic developments that i n turn shape global emissions. Brenkert A, S. Smith, S. Kim, and H. Pitcher, 2003: Model Documentation for the MiniCAM. PNNL 14337, Pacific Northwest National Laboratory, Richland, Washington. 348 Wigley, T.M.L. 2008. MAGICC 5.3.v2 User Manual. UCAR

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421 of 971 making the assumption that the sulfate cooling effect is a proxy for the sum of all the aerosol effects. Therefore, the climate effects of changes in PM 2.5 emissions and precursors (besides SO 2 ) which are presented in the RIA Chapter 5 were not included in th e calculations in this section . MAGI CC also calculates all climate effects at the global scale. This global scale captures the climate effects of the long - lived, well - mixed greenhouse gases, but does not address the fact that short - lived climate forcers s uch as aerosols and ozone can have effects that vary with location and timing of emissions. Black carbon in particular is known to cause a positive forcing or warming effect b y absorbing incoming solar radiation, but there are uncertainties about the magni tude of that warming effect and the interaction of black carbon (and other co - emitted aerosol species) with clouds. While black carbon is likely to be an important contributor to climate change, it would be premature to include quantification of black car bon climate impacts in an anal ys is of the final standards at this time. Changes in atmospheric CO 2 concentration, global mean temperature , and sea level rise for both the reference case and the emissions scenarios associated with this action were computed using MAGICC. To c alculate the reductions in the atmospheric CO 2 concentrations as well as in temperature and sea level resulting from this action , the output from the policy scenario associated with th e preferred approach of this action was subtracted from an existing Global Change Assessment Model (GCAM, formerl y MiniCAM ) reference emission scenario. To capture some key uncertainties in the climate sy stem with the MAGICC model, changes in atmospheric CO 2 , global mean temperature and sea lev el rise were projected across the most current IPCC range of climate sensitivities , from 1.5°C to 6.0°C . 349 This range reflects the uncertainty for equilibrium climate sensitivity

for how much global mean temperature would rise if the concentration of carbo n dioxide in the atmosphere were to double. The information for this range come from constraints from past climate change on various time scales, and the spread of results for climate sensitivity from ensembles of models. 350 Details about this modeling anal ys is can be found in the RIA Chapter 8.4 . The results of this modeling , summarized in Table VI - 8 , show small, but quantifiable, reduction s in atmospheric CO 2 concentrations, projected global mean temperature and sea level resulting from this action , across all climate sensitivities. As a result of the emission reductions from the final standards for this action, relative to the reference case the atmospheric CO 2 concentration is projected to be reduced by 0.691 - 0.787 ppmv, the global mean temperature is projected to be reduced b y approxim ately 0.0017 - 0.0042 °C by

2100 , and global mean sea level rise is projected to be reduced b y

349 In IPCC reports, equilibrium climate sensitivity refers to the equilibrium change in the annual mean global surface temperature following a doubling of the atmospheric equivalent carbon dioxide concentration. The IPCC states that climate sensitivity is “li kely” to be in the range of 2°C to 4.5°C, “very unlikely” to be less than 1.5°C, and “values substantially higher than 4.5°C cannot be excluded.” IPCC WGI, 2007, Climate Change 2007 - The Physical Science Basis, Contribution of Working Group I to the Fourth Assessment Report of the IPCC, http://www.ipcc.ch/ 350 Meehl, G.A. et al. (2007) Global Climate Projections. In: Climate Change 2007: The Physical Science Basis. Contribution of Working Group I to the Fourth Assessment Report of the Intergovernmental Panel on Climate Change [Solomon, S., D. Qin, M. Manning, Z. Chen, M. Marquis, K.B. Averyt, M. Tignor and H.L. Miller (eds.)]. Cambridge University Press, Cambridge, United Kingdom and New York, NY, USA.***** E.O. 12866 Review**
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422 of 971 approximately 0.017 - 0.040 cm by 2100. The range of reductions in global mean temperature and sea level rise is larger than that for CO 2 concentrations because CO 2 concentrations are onl y weakl y coupled to climate sensitivity through the dependence on temperature of the rate of ocean absorption of CO 2 , whereas the magnitude of temperature change response to CO 2 changes (and therefore sea level rise) is more tightly c oupled to climate sensitivity in the MAGICC model. **Table VI**  **- 8**  **: Impact of GHG Emissions Reductions**  **o n Projected Changes in Global Clim**  **ate Associated with**  **the Final Rulem**  **aking (**  **Based on a range of clim**  **ate sensitiv ities**  **from 1.5**  **- 6°C)**  Variable Units Year Projected Change Atmospheric CO 2 Concentration ppmv 2100 - 0.691 to - 0.787 Global Mean Surface Temperature o C 2100 - 0.00 17 to - 0.0 042 Sea Level Rise cm 2100 - 0. 017 to - 0. 040 Ocean pH pH units 2 100 0.00 03 a Note: a The value for projected change in ocean pH is based on a climate sensitivity of 3.0. The projected reductions are small relative to the change in temperature (1.8

– 4.8 oC ), sea level rise (27

– 51 cm), and ocean acidity ( - 0.30 pH units) from 1990 to 2100 from the MAGICC simulations for the GCAM reference case. However, this is to be expected given the magnitude of emissions reductions expected from the program in the context of global emissions. This uncertaint y range does not incl ude the effects of uncertaint y in future emissions. It should also be noted that the calculations in MAGI CC do not include the possible effects of accelerated ice flow in Greenland and/or Antarctica: the recent NRC report estimated a likely sea level incre ase for the A1B SRES scenario of 0.5 to 1.0 meters. 351 Further discussion of EPA’s modeling anal ys is is found in the RIA, Chapter 8 . EPA used the Program CO2SYS, 352 version 1.05 to estimate projected changes in ocean pH for tropical waters based on the atmosp heric CO 2 concentration change ( reduction ) resulting from this action. The program performs calculations relating parameters of the CO 2 sy stem in seawater. EPA used the program to calculate ocean pH as a function of atmospheric CO 2 concentrations, among o ther specified input conditions. Based on the projected atmospheric CO 2 concentration reductions resulting from this action, the program calculates an increase in ocean pH of 0.00 03 pH units in 2100 relative to the reference case (compared to a decrease of 0.3 pH units from 1990 to 2100 in the reference case). Thus, this analy sis indicates the projected decrease in atmospheric CO 2 concentrations from the program will result in an increase in ocean pH. For additional validation, results were generated usin g different known constants from the literature. A comprehensive discussion of the modeling anal ys is associated with ocean pH is provided in the RIA, Chapter 8.

351 National Research Council, 2011. Climate Stabilization Targets: Emissions, Concentrations, and Im pacts over Decades to Millenia. Washington, DC: National Academies Press. 352 Lewis, E., and D. W. R. Wallace. 1998. Program Developed for CO 2 System Calculations. ORNL/CDIAC - 105. Carbon Dioxide Information Analysis Center, Oak Ridge National Laboratory, U.S. Department of Energy, Oak Ridge, Tennessee.***** E.O. 12866 Review**
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423 of 971 **(2) Program’s Effect on Climate**  As a substantial portion of CO 2 emitted into the atmosphere is n ot removed by natural processes for millennia, each unit of CO 2 not emitted into the atmosphere avoids essentially

permanent climate change on centennial time scales. Reductions in emissions in the near - term are important in determining long - term climate stabilization and associated impacts experienced not just over the next decades but in the coming centuries and millennia. 353 Though the magnitude of the avoided climate change projected here is small in comparison to the total projected changes , these redu ctions represent a reduction in the adverse risks associated with climate change (though these risks were not formall y estimated for this action ) across a range of equilibrium climate sensitivities. EPA’s anal ys is of the program’s impact on global climate conditions is intended to quantify

these potential reductions using the best available science. EPA’s modeling results show repeatable, consistent reductions relative to the reference case in changes of CO 2 concentration, temperature, sea - level rise, and ocean pH over the next century . 

## VII. **How Wi**  **ll This Final**  **Action Impact Non -**  **GHG Emissions and**  **Their**

**A ssociated Effects?**  **A. Emissions Inventory Impacts**  **(1) Upstream Impacts of the Program**  In creasing efficiency in heavy - dut y vehicles will result in reduced fuel demand an d therefore reductions in the emissions associated with all processes involved in getting petroleum to the pump. These projected upstream emission impacts on criteria pollutants are summarized in Table VII - 1 . Table VII - 2 shows the corresponding projected impacts on upstream air toxic emissions in 2030. **Table VII**  **- 1**  **: Overall estim ated upstream impacts on criteria pollutants for calendar years 2018,**  **2030, and 2050 (short tons)** Calendar Year NO X VOC CO PM 2.5 2018 - 6,475 - 1,765 - 2,217 - 971 2030 - 9,975 - 4, 367 - 3, 331 - 1,3 79 2050 - 14,243 - 6,379 - 4,785 - 1,998

353 See NRC 2011, Note 351 . 354 Although the net impact is small when aggregated to the national level, it is unlikely that the geographic location of increases in downstream PM 2.5 emissions will coincide with the locati on of decreases in upstream PM 2.5 emissions. Impacts of the emissions changes are included in the air quality modeling , discussed in Section VII.D of this preamble and in Chapter 8 of the RIA.***** E.O. 12866 Review**
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424 of 971 **Table VII**  **- 2**  **: Overall estim ated upstream impacts on air toxics for calendar years 2018, 2030, and**  **2050 (short tons)** Calendar Y ear Benzene 1,3 - butadiene Formaldeh yd e Acetaldeh yd e Acrolein 2018 - 12 - 0.6 - 12 - 1 - 0.2 2030 - 19 - 0.9 - 26 - 3 - 0.5 2050 - 28 - 1.2 - 35 - 5 - 0.6 To project these impacts, EPA estimated the impact of reduced petroleum volumes on the extraction and transportation of crude oil as well as the production and distribution of finished gasoline and diesel . For the purpose of assessing domestic - only emission reductions it was necessary to estimate the fraction of fuel savings attributable to domestic finished gasoline and diesel , and of this fuel what fraction is produced from domestic crude. For this anal ys is EPA estimated that 50 percent of fuel savings is attributable to domestic finished gasoline and diesel and that 90 percent of this gasoline and diesel originated from imported crude. Emission factors for mos t upstream emission sources are based on the GREET1.8 model, developed by DOE’ s Argonne National Laboratory but in some cases the GREET values were modified or updated by EPA to be consistent with the National Emission Inventory . These updates are consiste nt with those used for the upstream analy sis included in the Light - Duty GHG rulemaking. More information on the development of the emission factors used in this anal ys is can be found in RIA Chapter 5. **(2) Downstream Impacts of the Program**  While these final rul es do not regulate non - GHG pollutants, EPA expects reductions in downstream emissions of most non - GHG pollutants. These pollutants include NO X , SO 2, VOC, CO, and PM. The primary reasons for this are the improvements in road load (aerodynamics and tire ro lling resistance) under the program and the agency ’s anticipation of increased use of APUs in combination tractors for GHG reduction purposes during extended idling. APUs exhibit different non - GHG emissions characteristics compared to the on - road engines they would replace during extended idling. Another reason is that emissions from certain pollutants (e.g., SO 2 ) are proportional to fuel consumption. For vehicle t yp es not affected b y road load improvements, non - GHG emissions may increase very

slightl y d

ue to VMT rebound. EPA used MOVES to determine non - GHG emissions inventories for baseline and control cases. Further information about the MOVES analy sis is available in Section VIand RIA Chapter 5. The improvements in road load, use of APUs, and VMT r ebound were included in the MOVES runs and post - processing. Table VII - 3 summarizes the downstream criteria pollutant impacts of this program. Most of the impacts shown are through projected increased APU use. Because APUs are required to meet much less stringent PM standards than on - road engines , the projected widespread use of APUs leads to higher PM 2.5 . Table VII - 4 summarizes the downstre am air toxics impacts of this program.***** E.O. 12866 Review**
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425 of 971 **Table VII**  **- 3**  **: Overall Estim ated Downstream** **Impacts on Criteria Pollutants (short tons)** Calendar Year Downstream

NO X Downstream

VOC Downstream

SO 2 Downstream

CO Downstream

PM 2.5 a 2018 - 107,135 - 12,951 - 145 - 25,614 803 2030 - 235,046 - 25,502 - 423 - 52,212 1,751 2050 - 326,413 - 35,126 - 614 - 72,049 2,441 Note: a Positive number means emissions would increase from baseline to control case. PM 2.5 from tire wear and brake wear is included.

**Table VII**  **- 4**  **: Overall Estim**  **ated Downstream Impacts on Air Toxics (short tons)**  Calendar Year Benzene 1,3 -butadiene Formaldehyde Acetaldehyde Acrolein 2018 - 158 - 0.3 - 2,853 - 871 - 120 2030 - 341 0.4 - 6,255 - 1,908 - 263 2050 - 472 0.8 - 8,689 - 2,650 - 365 **(3) Total Impacts of**  **the Program As shown in**  **Table VII**  **- 5**  **and** Table VII - 6 , the agencies estimate th at this program would result in reductions of NO X , VOC, CO, PM, and air toxics . For NO X , VOC, and CO, much of the net reductions are realized through the use of APUs, which emit these pollutants at a lower rate than on road engines during extended idle operation. Additional reductions are achieved in all pollutants through reduced road load (improved aerody namics and tire rolling resistance), which reduces the amount of work required to travel a given distance. For SO X , downstream emissions are roughly proportional to fuel consumption; therefore a decrease is seen in both upstream and downstream sources. The downstream increase in PM 2.5 due to APU use is mostly

negated by

upstream PM 2.5 reductions, though our calculations show a slight net increase in 2030 and 2050. 354 **Table VII**  **- 5**  **: Overall Estim a**  **ted Total Impacts (Upstream Plus Downstream ) on Criteria Pollutants**  **Results are shown in both short tons and percent change from baseline to control case.**  CY NO X VOC SO 2 CO PM 2.5 short tons % short

tons % short

tons % short tons % short tons % 2018 - 113, 610 - 6.2 - 14, 715 - 5.6 - 4,566 c - 4.5 - 27, 832 - 1.0 - 16 7 - 0.2 2030 - 245, 129 - 21.0 - 29,9 32 - 16.0 - 6,888 - 10.1 - 55, 579 - 2.1 356 1 0 .1 2050 - 34 0,656 - 23.7 - 41,5 0 6 - 18.3 - 9,857 - 11.0 - 76, 834 - 2.2 443 1 0 .1

354 Although the net impact is small when aggregated to the national level, it is unlikely that the geographic location of increases in downstream PM 2.5 emissions will coincide with the locati on of decreases in upstream PM 2.5 emissions. Impacts of the emissions changes are included in the air quality modeling , discussed in Section VII.D of this preamble and in Chapter 8 of the RIA.***** E.O. 12866 Review**
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426 of 971 **Table VII**  **- 6**  **: Overall E**  **stim ated**  **T otal**  **I mpacts**  **on A**  **ir T**  **oxics (**  **U pstream**  **P lus**  **D ownstream** **)** CY Benzene 1,3 - butadiene Formaldeh yd e Acetaldeh yd e Acrolein short tons % short

tons % short

tons % short

tons % short

tons % 2018 - 170 - 4.8 - 0.9 - 0.1 - 2,865 - 18.3 - 873 - 13.9 - 120.0 - 12.4 2030 - 3 59 - 15.0 - 0.5 - 0.1 - 6,282 - 46.2 - 1,912 - 40.2 - 263.0 - 40.0 2050 - 500 - 17.4 - 0.4 - 0.1 - 8,725 - 49.5 - 2,655 - 44.2 - 365.4 - 44.5 

### B. **Health Effects of Non -**  **GHG Pollutants** In this section we discuss health effects associated with exposure to some of the criteria and air toxic pollutants impacted by the final heavy - dut y vehicle standards. **(1) Particulate Matter**  (a ) Background Particulate matter is a generic term for a broad class of chemicall y and ph ysically diverse substances. It can be principall y characterized as discrete particles that exist in the condensed (liquid or solid) phase spanning several orders of magnitude in size. Since 1987, EPA has delineated that subset of inhalable particles small enough to penetrate to the thoracic region (including the tracheobronchial and alveolar regions) of the respiratory

tract (referred to as thoracic particles). Current National Ambient Air Quality Standards (NAAQS) use PM 2.5 as the indicator for fine particles (with PM 2.5 referring to particles with a nominal mean aerodynamic diameter less than or equal to 2.5 μm), and use PM 10 as the indicator for purposes of regulating the coarse fraction of PM 10 (referred to as thoracic coarse particles or coarse - fraction particles; gen erally including particles with a nominal mean aerody namic diameter greater than 2.5 μm and less than or equal to 10 μm, or PM 10 - 2.5 ). Ultrafine particles are a subset of fine particles, generally less than 100 nanometers (0.1 μm) in aerodynamic diameter. Fine particles are produced primaril y b y combustion processes and b y transformations of gaseous emissions (e.g., SO X , NO X , and VOC) in the atmosphere. The chemical and ph ys ical properties of PM 2.5 may vary greatl y with time, region, meteorology , and so urce category . Thus, PM 2.5 may include a complex mixture of different pollutants including sulfates, nitrates, organic compounds, elemental carbon and metal compounds. These particles can remain in the atmosphere for day s to weeks and travel hundreds to thousands of kilometers. (b ) Health Effects of PM Scientific studies show ambient PM is associated with a series of adverse health effects. These health effects are discussed in detail in EPA’s Integrated Science***** E.O. 12866 Review**
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427 of 971 Assessment for Particulate Matter (I SA) . 355 Further discussion of health effects associated with PM can also be found in the RIA for this final action . The ISA summarizes evidence associated with PM 2.5 , PM 10 - 2.5 , and ultrafine particles. The I SA concludes that health effects associated with short - term exposures (hours to day s) to ambient PM 2.5 include mortality , cardiovascular effects, such as altered vasomotor function and hospital admissions and emergency department visits for ischemic heart disease and congestive heart failure, and respiratory effects, such as exacerbation of asthma symptoms in children and hospital admissions and emergency department visits for chronic obstructive pulmonary disease and respiratory

infections . 356 The I SA notes that l ong - term exposure to PM 2.5 (months to y ears) is associated with the development/progression of cardiovascular disease, premature mortality , and respiratory effects, including reduced lung function growth, increased respiratory s ymptoms, and asthma development. 357 The I SA concludes that the currentl y ava ilable scientific evidence from epidemiologic, controlled human exposure, and toxicological studies supports a causal association between short - and long - term exposures to PM 2.5 and cardiovascular effects and mortality . Furthermore, the I SA concludes that the collective evidence supports likely

causal associations between short - and long - term PM 2.5 exposures and respiratory effects. The ISA also concludes that the scientific evidence is suggestive of a causal association for reproductive and developmental effects and cancer, mutagenicity , and genotoxicity and long - term exposure to PM 2. 5 . 358 For PM 10 - 2.5 , the I SA concludes that the current evidence is suggestive of a causal relationship between short - term exposures and cardiovascular effects, such as hospital ization for ischemic heart disease. There is also suggestive evidence of a causal relationship between short - term PM 10 - 2.5 exposure and mortality and respiratory effects. Data are inadequate to draw conclusions regarding the health effects associated with long - term exposure to PM 10 - 2.5 . 359 For ultrafine particles, the I SA concludes that there is suggestive evidence of a causal relationship between short - term exposures and cardiovascular effects, such as changes in heart rh ythm and blood vessel function. It also concludes that there is suggestive evidence of association between short - term exposure to ultrafine particles and respiratory

effects. Data are inadequate to draw conclusions regarding the health effects associated with long - term exposure to ultrafin e particles. 360

355 U.S. EPA (2009) Integrated Science Assessment for Particulat e Matter (Final Report). U.S. Environmental Protection Agency, Washington, DC, EPA/600/R - 08/139F, Docket EPA - HQ - OAR - 20 10 - 0 16 2 . 356 See U.S. EPA, 2009 Final PM ISA , Note 355 , at Section 2.3.1.1. 357 See U.S. EPA 2009 Final PM ISA , Note 355 , at page 2 - 12, Sections 7.3.1.1 and 7.3.2.1. 358 See U.S. EPA 2009 Final PM ISA , Note 355 , at Section 2.3.2. 359 See U.S. EPA 2009 Final PM ISA , Note 355 , at Section 2.3.4, Table 2 - 6. 360 See U.S. EPA 2009 Final PM ISA , Note 355 , at Section 2.3.5, Table 2 - 6.***** E.O. 12866 Review**
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428 of 971 **(2) Ozone**  (a ) Background Ground - level ozone pollution is ty pically formed by

the reaction of VOC and NO X in the lower atmosphere in the presence of sunlight. These pollutants, often referred to as ozone precursors, are emitted by many ty pes of pollution sources, such as highway and nonroad motor vehicles and engines, power plants, chemical plants, refineries, makers of consumer and commercial products, industrial facilities, and smaller area sources. The science of ozone formation, transport, and acc umulation is complex. Ground - level ozone is produced and destroyed in a cyclical set of chemical reactions, many of which are sensitive to temperature and sunlight. When ambient temperatures and sunlight levels remain high for several day s and the air is relativel y stagnant, ozone and its precursors can build up and result in more ozone than ty picall y occurs on a single high - temperature day . Ozone can be transported hundreds of miles downwind from precursor emissions, resulting in elevated ozone levels e ven in areas with low local VOC or NO X emissions. (b ) Health Effects of Ozone The health and welfare effects of ozone are well documented and are assessed in EPA’s 2006 Air Quality

Criteria Document and 2007 Staff Paper. 361 , 362 People who are more susceptible to effects associated with exposure to ozone can include children, the elderl y, and individuals with respiratory disease such as asthma. Those with greater exposures to ozone, for instance due to time spent outdoors (e.g., children and outdoor workers), are of particular concern. Ozone can irritate the respiratory s ys tem, causing coughing, throat irritation, and breathing discomfort. Ozone can reduce lung function and cause pulmonary

inflammation in healthy

individuals. Ozone can also aggravate asthma, lea ding to more asthma attacks that require medical attention and/or the use of additional medication. Thus, ambient ozone may cause both healthy

and asthmatic individuals to limit their outdoor activities. In addition, there is suggestive evidence of a contribution of ozone to cardiovascular - related morbidity and highl y suggestive evidence that short - term ozone exposure directl y or indirectly contributes to non - accidental and cardiopulmonary - related mortality , but additional research is needed to clarify th e underlying mechanisms causing these effects. In a recent report on the estimation of ozone - related premature mortality published by

NRC, a panel of experts and reviewers concluded that short - term exposure to ambient ozone is likely to contribute to prem ature deaths and that ozone - related mortality should be included in estimates of the health

361 U.S. EPA. (2006). Air Quality Criteria for Ozone and Related Photochemical Oxidants (Final). EPA/600/R - 05/004aF - cF. Washington, DC: U.S. EPA. Docket EPA - HQ - OAR - 20 10 - 0 16 2 . 362 U.S. EPA. (2007). Review of the National Ambient Air Quality Standards for Ozone: Policy Assessment of Scientific and Technical Information, OAQPS Staff Paper. EPA - 452/R - 07 - 003. Washington, DC, U.S. EPA. Docket EPA - HQ - OAR - 20 10 - 0 16 2.***** E.O. 12866 Review**
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429 of 971 benefits of reducing ozone exposure. 363 Animal toxicological evidence indicates that with repeated exposure, ozone can inflame and damage the lining of the lungs, wh ich may lead to permanent changes in lung tissue and irreversible reductions in lung function. The respiratory

effects observed in controlled human exposure studies and animal studies are coherent with the evidence from epidemiologic studies supporting a causal relationship between acute ambient ozone exposures and increased respiratory - related emergency

room visits and hospitalizations in the warm season. In addition, there is suggestive evidence of a contribution of ozone to cardiovascular - related morbi dity and non - accidental and cardiopulmonary mortality . **(3) Nitrogen Oxides and Sulfur Oxides**  (a ) Background Nitrogen dioxide (NO 2 ) is a member of the NO X family of gases. Most NO 2 is formed in the air through the oxidation of nitric oxide (NO) emitted when fuel i s burned at a high temperature. SO 2 , a member of the sulfur oxide (SO X ) family of gases, is formed from burning fuels containing sulfur (e.g., coal or oil derived), extracting gasoline from oil, or extracting metals from ore. SO 2 and NO 2 can dissolve in water droplets and further oxidize to form sulfuric and nitric acid which react with ammonia to form sulfates and nitrates, both of which are important components of ambient PM. The health effects of ambient PM are discussed in Section VII. B. (1) (b) of this preamble. NO X and NMHC are the two major precursors of ozone. The health effects of ozone are covered in Section VII. B. (2) (b) . (b ) Health Effects of NO2 In formation on the health effects of NO 2 can be found in the EPA Integrated Science Assessment (I SA) for Nitrogen Oxides. 364 The EPA has concluded that the findings of epidemiologic, controlled human exposure, and animal toxicological studies provide evidence that is sufficient to infer a likely causal relationship between respiratory effects and short - term NO 2 exposure. The I SA concludes that the strongest evidence for such a relationship comes from epidemiologic studies of respiratory effects including sy mptoms, emergency

department visits, and hospital admissions. The I SA also draws two broad conclusions regarding airway re sponsiveness following NO 2 exposure. First, the I SA concludes that NO 2 exposure may enhance the sensitivity

to allergen - induced decrements in lung function and increase the allergen - induced airway inflammatory response following 30 - minute exposures of asthmatics to NO 2 concentrations as low as 0.26 ppm . In addition, small but significant increases in non - specific airway hy perresponsiveness were reported following 1 - hour exposures of asthmatics to 0.1 ppm NO 2 . Second, exposure to NO 2 has been found to enh ance the inherent responsiveness of the airway

to subsequent nonspecific challenges in controlled human exposure studies of 363 National Research Council (NRC), 2008. Estimating Mortality Risk Reduction and Economic Benefits from Controlling Ozone Air Pollution . The National Academies Press: Washington, D.C. Docket EPA HQ - OAR - 20 10 - 0 16 2 364 U.S. EPA (2008). Integrated Science Assessment for Oxides of Nitrogen

– Health Criteria (Final Report). EPA/600/R - 08/071. Washington, DC: U.S.EPA. Docket EPA - HQ - OAR - 20 10 - 0 16 2 .***** E.O. 12866 Review**
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430 of 971 asthmatic subjects. Enhanced airway responsiveness could have important clinical implications for asthmatics since transient increa ses in airway responsiveness following NO 2 exposure have the potential to increase s ymptoms and worsen asthma control. Together, the epidemiologic and experimental data sets form a plausible, consistent, and coherent description of a relationship between NO 2 exposures and an array of adverse health effects that range from the onset of respiratory s ymptoms to hospital admission. Although the weight of evidence supporting a causal relationship is somewhat less certain than that associated with respiratory morbidity , NO 2 has also been linked to other health endpoints. These include all - cause (nonaccidental) mortality , hospital admissions or emergency department visits for cardiovascular disease, and decrements in lung function growth associated with chronic exposure. (c) Health Effects of SO2 In formation on the health effects of SO 2 can be found in the EPA Integrated Science Assessment for Sulfur Oxides. 365 SO 2 has long been known to cause adverse respiratory

health effects, particularl y among individuals with as thma. Other potentially sensitive groups include children and the elderl y. During periods of elevated ventilation, asthmatics may

experience s ymptomatic bronchoconstriction within minutes of exposure. Following an extensive evaluation of health evidence from epidemiologic and laboratory studies, the EPA has concluded that there is a causal relationship between respiratory health effects and short - term exposure to SO 2 . Separatel y, based on an evaluation of the epidemiologic evidence of associations between short - term exposure to SO 2 and mortality , the EPA has concluded that the overall evidence is suggestive of a causal relationship between short - term exposure to SO 2 and mortality . **(4) Carbon**  **Monoxide** In formation on the health effects of C O can be found in the EPA Integrated Science Assessment (I SA) for Carbon Monoxide . 366 The I SA concludes that ambient concentrations of CO are associated with a number of adverse health effects. 367 This section provides a summary of the health effects associated with exposure to ambient concentrations of CO . 368

365 U.S. EPA. (2008). Integrated Science Assessment (ISA) for Sulfur Oxides

– Health Criteria (Final Report) . EPA/600/R - 08/047F. Washington, DC: U.S. Environmental Protection Agency. Docket EPA - HQ OAR - 20 10 - 0 16 2 . 366 U.S. EPA, 2010. Integrated Science Assessment for Carbon Monoxide (Final Report). U.S. Environmental Protection Agency, Washington, DC, EPA/600/R - 09/019F, 2010. Available at http://cfpub.epa.gov/ncea/cfm/recordisplay.cfm?deid=218686 . Docket EPA - HQ - OAR - 2010 - 0162 367 The ISA evaluates the health evidence associated with different health effects, assigning one of five “weight of evidence” determinations: causal relationship, likely to be a causal relationship, suggestive of a causal relationship, inadequate to infer a causal relationship, and not likely to be a causal relationship. For definitions of these levels of evidence, please refer to Section 1.6 of the ISA. 368 Personal exposure includes contributions from many sources, and in many different environments. Tot al personal exposure to CO includes both ambient and nonambient components; and both components may contribute to adverse health effects.***** E.O. 12866 Review**
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431 of 971 Human clinical studies of subjects with coronary artery disease show a decrease in the time to onset of exercise - induced angina (chest pain) and electrocardiogram changes following CO exposure. In addition, epidemiologic studies show associations between short - term CO exposure and cardiovascular morbidity , particularl y increased emergency

room visits and hospital admissions for coronary heart disease (including ischemic heart disease, myocardial infarction, and angina). Some epidemiologic evidence is also available for increased hospital admissions and emergency room visits for congestive heart failure and cardiovascular disease as a whole. The ISA concludes that a causal relationship is likely to exist between short - term exposures to CO and cardiovascular morbidit y. It also concludes that available data are inadequate to conclude that a causal relationship exists between long - term exposures to CO and cardiovascular morbidity . Animal studies show various neurological effects with in - utero CO exposure. Controlled human exposure studies report inconsistent neural and behavioral effects following low - level CO exposures. The I SA concludes the evidence is suggestive of a causal relationship with both short - and long - term exposure to CO and central nervous s ys tem effects. A number of epidemiologic and animal toxicological studies cited in the ISA have evaluated associations between CO exposure and birth outcomes such as preterm birth or cardiac birth defects. The epidemiologic studies provide limited evidenc e of a CO induced effect on preterm births and birth defects, with weak evidence for a decrease in birth weight. Animal toxicological studies have found associations between perinatal CO exposure and decrements in birth weight, as well as other developmental outcomes. The ISA concludes these studies are suggestive of a causal relationship between long - term exposures to CO and developmental effects and birth outcomes. Epidemiologic studies provide evidence of effects on respiratory morbidit y such as change s in pulmonary

function, respiratory

s ymptoms, and hospital admissions associated with ambient CO concentrations. A limited number of epidemiologic studies considered copollutants such as ozone, SO 2 , and PM in two - pollutant models and found that CO risk e stimates were generally robust, although this limited evidence makes it difficult to disentangle effects attributed to CO itself from those of the larger complex air pollution mixture. Controlled human exposure studies have not extensively evaluated the e ffect of CO on respiratory morbidit y. Animal studies at levels of 50 - 100 ppm CO show preliminary

evidence of altered pulmonary vascular remodeling and oxidative injury . The I SA concludes that the evidence is suggestive of a causal relationship between sh ort term CO exposure and respiratory morbidity , and inadequate to conclude that a causal relationship exists between long - term exposure and respiratory morbidit y. Finally , the I SA concludes that the epidemiologic evidence is suggestive of a causal relati onship between short - term exposures to CO and mortality . Epidemiologic studies provide evidence of an association between short - term exposure to CO and mortality , but limited evidence is available to evaluate cause - specific mortality outcomes associated w ith CO exposure. In addition, the attenuation of CO risk estimates which was often observed in copollutant models contributes to the uncertainty as to whether CO***** E.O. 12866 Review**
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432 of 971 is acting alone or as an indicator for other combustion - related pollutants. The I SA also conc ludes that there is not likely to be a causal relationship between relevant long - term exposures to CO and mortality . **(5) Air**  **Toxics** Heav y - dut y vehicle emissions contribute to ambient levels of air toxics known or suspected as human or animal carcinogens, or th at have noncancer health effects. The population experiences an elevated risk of cancer and other noncancer health effects from exposure to the class of pollutants known collectively as “ air toxics .” 369 These compounds include, but are not limited to, benzene, 1,3 - butadiene, formaldehyde, acetaldeh yde, acrolein, diesel particulate matter and exhaust organic gases, polycyclic organic matter, and naphthalene. These compounds were identified as national o r regional risk drivers or contributors in the 2005 National - scale Air Toxics Assessment and have significant inventory contributions from mobile sources. 370 (a ) Diesel Exhaust Heav y - dut y diesel engines emit diesel exhaust, a complex mixture composed of carbon dioxide, oxygen, nitrogen, water vapor, carbon monoxide, nitrogen compounds, sulfur compounds and numerous low - molecular - weight h ydrocarbons. A number of these gaseous h ydrocarbon components are individually known to be toxic, including aldeh ydes, benzen e and 1,3 - butadiene. The diesel particulate matter present in diesel exhaust consists mostly of fine particles (< 2.5 μm), including a significant fraction of ultrafine particles (< 0.1 μm). These particles have a large surface area which makes them an e xcellent medium for adsorbing organics and their small size makes them highl y respirable. Man y of the organic compounds present in the gases and on the particles, such as polycyclic organic matter, are individuall y known to have mutagenic and carcinogenic properties. Diesel exhaust varies significantly in chemical composition and particle sizes between different engine ty pes (heav y - duty , light - duty), engine operating conditions (idle, accelerate, decelerate), and fuel formulations (high/low sulfur fuel). Also, there are emissions differences between on - road and nonroad engines because the nonroad engines are generally

of older technology . After being emitted in the engine exhaust, diesel exhaust undergoes dilution as well as chemical and phy sical changes in the atmosphere. The lifetime for some of the compounds present in diesel exhaust ranges from hours to day s. 371

369 U. S. EPA. 2002 National - Scale Air Toxics Assessment. http://www.epa.gov/ttn/atw/nata12002/risksum.html Docket EPA - HQ - OAR - 20 10 - 0 16 2 370 U.S. EPA 2009. National - Scale Air Toxics Assessment for 2002. http://www.epa.gov/ttn/atw /nata2002/ Docket EPA - HQ - OAR - 20 10 - 0 16 2 371 U.S. EPA (2002). Health Assessment Document for Diesel Engine Exhaust . EPA/600/8 - 90/057F Office of Research and Development, Washington DC. Retrieved on March 17, 2009 from http://cfpub.epa.gov/ncea/cfm/recordisplay.cfm?deid=29060 . Docket EPA - HQ - OAR - 20 10 - 0 16 2***** E.O. 12866 Review**
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433 of 971 (i ) Diesel Exhaust: Potential Cancer Effects In EPA’s 2002 Diesel Health Assessment Document (Diesel HAD), 372 exposure to diesel exhaust was classif ied as likely

to be carcinogenic to humans by inhalation from environmental exposures, in accordance with the revised draft 1996/1999 EPA cancer guidelines. A number of other agencies (National Institute for Occupational Safety and Health, the Internationa l Agency for Research on Cancer, the World Health Organization, California EPA, and the U.S. Department of Health and Human Services) have made similar classifications. However, EPA also concluded in the Diesel HAD that it is not possible currentl y to cal culate a cancer unit risk for diesel exhaust due to a variet y of factors that limit the current studies, such as limited quantitative exposure histories in occupational groups investigated for lung cancer. For the Diesel HAD, EPA reviewed 22 epidemiologic studies on the subject of the carcinogenicity

of workers exposed to diesel exhaust in various occupations, finding increased lung cancer risk, although not alway s statistically significant, in 8 out of 10 cohort studies and 10 out of 12 case - control studie s within several industries. Relative risk for lung cancer associated with exposure ranged from 1.2 to 1.5, although a few studies show relative risks as high as 2.6. Additionally , the Diesel HAD also relied on two independent meta - analy ses, which examin ed 23 and 30 occupational studies respectivel y, which found statistically significant increases in smoking - adjusted relative lung cancer risk associated with exposure to diesel exhaust of 1.33 to 1.47. These meta anal ys es demonstrate the effect of pooling many studies and in this case show the positive relationship between diesel exhaust exposure and lung cancer across a variety of diesel exhaust - exposed occupations. 373 , 374 In the absence of a cancer unit risk, the Diesel HAD sought to provide additional insight into the significance of the diesel exhaust - cancer hazard b y estimating possible ranges of risk that might be present in the population. An exploratory analy sis was used to characterize a possible risk range b y comparing a ty pical environmental exposur e level for highway

diesel sources to a selected range of occupational exposure levels. The occupationall y observed risks were then proportionally scaled according to the exposure ratios to obtain an estimate of the possible environmental risk. A number of calculations are needed to accomplish this, and these can be seen in the EPA Diesel HAD. The outcome was that environmental risks from diesel exhaust exposure could range from a low of 10 - 4 to 10 - 5 to as high as 10 - 3 , reflecting the range of occupation al exposures that could be associated with the relative and absolute risk levels observed in the occupational studies. Because of uncertainties, the anal ys is acknowledged that the risks could be lower than 10 - 4 or 10 - 5 , and a zero risk from diesel exhaust exposure was not ruled out.

372 See U.S. EPA (2002) Diese l HAD , Note 371 , at pp. 1 - 1, 1 - 2. 373 Bhatia, R., Lopipero, P., Smith, A. (1998). Diesel exposure and lung cancer. Epidemiology, 9(1) , 84 - 91. Docket EPA - HQ - OAR - 20 10 - 0 16 2 374 Lipsett, M. Campleman, S. (1999). Oc cupational exposure to diesel exhaust and lung cancer: a meta analysis . Am J Public Health, 80(7), 1009 - 1017. Docket EPA - HQ - OAR - 20 10 - 0 16 2***** E.O. 12866 Review**
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434 of 971 (ii) Diesel Exhaust: Other Health Effects Noncancer health effects of acute and chronic exposure to diesel exhaust emissions are also of concern to the EPA. EPA derived a diesel exhaust reference concentration (RfC) from considerat ion of four well - conducted chronic rat inhalation studies showing adverse pulmonary effects. 375 , 376 , 377 , 378 The RfC is 5 μg/m 3 for diesel exhaust as measured b y diesel particulate matter . This RfC does not consider allergenic effects such as those associated with asthma or immunologic effects. There is growing evidence, discussed in the Diesel HAD, that exposure to diesel exhaust can exacerbate these effects, but the exposure - response d ata are presentl y lacking to derive an RfC. The EPA Diesel HAD states, “With [diesel particulate matter] being a ubiquitous component of ambient PM, there is an uncertaint y about the adequacy of the existing [diesel exhaust] noncancer database to identify all of the pertinent [diesel exhaust] - caused noncancer health hazards.” (p. 9 - 19). The Diesel HAD concludes “that acute exposure to [diesel exhaust] has been associated with irritation of the eye, nose, and throat, respiratory sy mptoms (cough and phlegm) , and neuroph ys iological sy mptoms such as headache, lightheadedness, nausea, vomiting, and numbness or tingling of the extremities.” 379 (iii) Ambient PM 2.5 Levels and Exposure to Diesel Exhaust PM The Diesel HAD also briefly summarizes health effects associated wi th ambient PM and discusses the EPA’s annual PM 2.5 NAAQS of 15 μg/m 3 . There is a much more extensive body

of human data showing a wide spectrum of adverse health effects associated with exposure to ambient PM, of which diesel exhaust is an important compo nent. The PM 2.5 NAAQS is designed to provide protection from the noncancer and premature mortality

effects of PM 2.5 as a whole. (iv) Diesel Exhaust PM Exposures Exposure of people to diesel exhaust depends on their various activities, the time spent in those a ctivities, the locations where these activities occur, and the levels of diesel exhaust pollutants in those locations. The major difference between ambient levels of diesel particulate and exposure levels for diesel particulate is that exposure accounts f or a person moving from location to location, proximity to the emission source, and whether the exposure occurs in an enclosed environment.

375 Ishinishi, N. Kuwabara, N. Takaki, Y., et al. (1988). Long - term inhalation experiments on diesel exhaust. In: Diese l exhaust and health risks. Results of the HERP studies. Ibaraki, Japan: Research Committee for HERP Studies; pp.11 - 84. Docket EPA - HQ - OAR - 20 10 - 0 16 2 376 Heinrich, U., Fuhst, R., Rittinghausen, S., et al. (1995). Chronic inhalation exposure of Wistar rats and two different strains of mice to diesel engine exhaust, carbon black, and titanium dioxide. Inhal Toxicol, 7, 553 - 556. Docket EPA - HQ - OAR - 20 10 - 0 16 2 377 Mauderly, J.L., Jones, R.K., Griffith, W.C., et al. (1987). Diesel exhaust is a pulmonary carcinogen in rats exposed chronically by inhalation. Fundam. Appl. Toxicol., 9, 208 - 221. Docket EPA - HQ - OAR - 20 10 - 0 16 2 378 Nikula, K.J., Snipes, M.B., Barr, E.B., et al. (1995). Comparative pulmonary toxicities and carcinogenicities of chronically inhaled diesel exhaust and carbon black in F344 rats. Fundam. Appl. Toxicol, 25 , 80 - 94 . Docket EPA - HQ - OAR - 20 10 - 0 16 2 379 See U.S. EPA (2002), Diesel HAD at Note 371 , at p. 9 - 9.***** E.O. 12866 Review**
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435 of 971 Occupational Exposures Occupational exposures to diesel exhaust from mobile sources can be several orders of magnitu de greater than ty pical exposures in the non - occupationally exposed population. Over the ye ars, diesel particulate exposures have been measured for a number of occupational groups. A wide range of exposures ha s been reported, from 2 μg/m 3 to 1,280 μg/m 3, for a variety of occupations. As discussed in the Diesel HAD, the National Institute of Occupational Safety and Health has estimated a total of 1,400,000 workers are occupationall y exposed to diesel exhaust from on - road and nonroad vehicles. Elevated Conc entrations and Ambient Exposures in Mobile Source - Impacted Areas Regions immediatel y downwind of highway s or truck stops may experience elevated ambient concentrations of directl y - emitted PM 2.5 from diesel engines. Due to the unique nature of highway s and truck stops, emissions from a large number of diesel engines are concentrated in a small area. Studies near roadway s with high truck traffic indicate higher concentrations of components of diesel PM than other locations. 380 , 381 , 382 High ambient particle concentrations have also been reported near trucking terminals, truck stops, and bus garages. 383 , 384 , 385 Additional discussion of exposure and health effects associated with traffic is included below in Section VII. B. (5) (j) . (b ) Benzene The EPA’s Integrated Risk Information Sy stem ( IRI S ) database lists benzene as a known human carcinogen (causing leukemia) b y all routes of exposure, and concludes that exposure is associated with additional health effects, including genetic changes in both humans and animals and increased proliferation of bone marrow cells in mice . 386 , 387 , 388 EPA states in its IRI S database that data indicate a causal relationship 380 Zhu, Y.; Hinds, W.C.; Kim, S.; Shen, S.; Sioutas, C. (2002) Study of ultrafine particles near a major highway with heavy - duty diese l traffic. Atmospheric Environment 36: 4323 - 4335. Docket EPA - HQ OAR - 20 10 - 0 16 2 381 Lena, T.S; Ochieng, V.; Holguín - Veras, J.; Kinney, P.L. (2002) Elemental carbon and PM 2.5 levels in an urban community heavily impacted by truck traffic. Environ Health Pers pect 110: 1009 - 1015. Docket EPA - HQ - OAR - 20 10 - 0 16 2 382 Soliman, A.S.M.; Jacko, J.B.; Palmer, G.M. (2006) Development of an empirical model to estimate real world fine particulate matter emission factors: the Traffic Air Quality model. J Air & Waste Manage As soc 56: 1540 - 1549. Docket EPA - HQ - OAR - 20 10 - 0 16 2 383 Davis, M.E.; Smith, T.J.; Laden, F.; Hart, J.E.; Ryan, L.M.; Garshick, E. (2006) Modeling particle exposure in U.S. trucking terminals. Environ Sci Techol 40: 4226 - 4232. Docket EPA - HQ - OAR - 20 10 - 0 16 2 384 Mille r, T.L.; Fu, J.S.; Hromis, B.; Storey, J.M. (2007) Diesel truck idling emissions

– measurements at a PM 2.5 hot spot. Proceedings of the Annual Conference of the Transportation Research Board, paper no. 07 - 2609. Docket EPA - HQ - OAR - 20 10 - 0 16 2 385 Ramachandran, G.; Paulsen, D.; Watts, W.; Kittelson, D. (2005) Mass, surface area, and number metrics in diesel occupational exposure assessment. J Environ Monit 7: 728 - 735. Docket EPA - HQ - OAR - 2010 - 0162 386 U.S. EPA. 2000. Integrated Risk Information System File for Benzene. This material is available electronically at http://www.epa.gov/iris/subst/0276.htm. Docket EPA - HQ - OAR - 20 10 - 0 16 2 .***** E.O. 12866 Review**
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436 of 971 betwe en benzene exposure and acute l ymphocy tic leukemia and suggest a relationship between benzene exposure and chronic non - ly mphocy tic leukemia and chronic ly mphocy tic leukemia. The International Agency for Research on Carcinogens ( IARC ) has determined that b enzene is a human carcinogen and the U.S. Department of Health and Human Services ( DHHS ) has characterized benzene as a known human carcinogen. 389 , 390 A number of adverse noncancer health effects including blood disorders, such as preleukemia and aplastic anemia, have also been associated with long - term exposure to benzene. 391 , 392 The most sensitive noncancer effect observed in humans, based on current data, is the depression of the absolute ly mphocy te count in blood. 393 , 394 In addition, recent work, including s tudies sponsored b y the Health Effects Institute (HEI), provides evidence that biochemical responses are occurring at lower levels of benzene exposure than previously

known. 395 , 396 , 397 , 398 EPA’s IRI S program has not y et evaluated these new data.

387 International Agency for Research on Cancer. 1982. Monographs on the evaluation of carcinogenic risk of chemicals to humans, Volume 29. Some industrial chemicals and dyestuffs, World Health Organization, Lyo n, France, p. 345 - 389. Docket EPA - HQ - OAR - 20 10 - 0 16 2 388 Irons, R.D.; Stillman, W.S.; Colagiovanni, D.B.; Henry, V.A. 1992. Synergistic action of the benzene metabolite hydroquinon e on myelopoietic stimulating activity of granulocyte/macrophage colony stimulating factor in vitro, Proc. Natl. Acad. Sci. 89:3691 - 3695. Docket EPA - HQ - OAR - 20 10 - 0 16 2 . 389 See IARC , Note 387 , above . 390 U.S. Department of Health and Human Services National Toxicology Program 11th Report on Carcinogens available at: http://ntp.niehs.nih.gov/go/16183. Docket EPA - HQ - OAR - 20 10 - 0 16 2 391 Aksoy, M. (1989). Hematotoxicity and carcinogenicity of benzene. Environ. Health Perspect. 82: 193 - 197. Docket EPA - HQ - OAR - 20 10 - 0 16 2 . 392 Goldstein, B.D. (1988). Benzene toxicity. Occupational medicine. State of the Art Reviews. 3: 541 - 554. Docket EPA - HQ - OAR - 20 10 - 0 16 2 . 393 Rothman, N., G.L. Li, M. Dosemeci, W.E. Bechtold, G.E. Marti, Y.Z. Wang, M. Linet, L.Q. Xi, W. Lu, M.T. Smith, N. Titenko - Holland, L.P. Zhang, W. Blot, S.N. Yin, and R.B. Hayes (1996) Hematotoxicity among Chinese workers heavily exposed to be nzene. Am. J. Ind. Med. 29: 236 - 246. Docket EPA - HQ OAR - 20 10 - 0 16 2 . 394 U.S. EPA (2002) Toxicological Revie w of Benzene (Noncancer Effects). Environmental Protection Agency, Integrated Risk Information System, Research and Development, National Center for Env ironmental Assessment, Washington DC. This material is available electronically at http://www.epa.gov/iris/subst/0276.htm. Docket EPA - HQ - OAR - 20 10 - 0 16 2 . 395 Qu, O.; Shore, R.; Li, G.; Jin, X.; Chen, C.L.; Cohen, B.; Melikian, A.; Eastmond, D.; Rappaport, S.; Li, H.; Rupa, D.; Suramaya, R.; Songnian, W.; Huifant, Y.; Meng, M.; Winnik, M.; Kwok, E.; Li, Y.; Mu, R.; Xu, B.; Zhang, X.; Li, K. (2003) HEI Report 115, Validation & Evaluation of Biomarkers in Workers Exposed to Benzene in China. Docket EPA - HQ - OAR - 20 10 - 0 16 2 . 396 Qu, Q., R. Shore, G. Li, X. Jin, L.C. Chen, B. Cohen, et al. (2002) Hematological changes among Chinese workers with a broad range of benzene exposures. Am. J. Industr. Med. 42: 275 - 285. Docket EPA - HQ - OAR - 2010 - 0162 . 397 Lan, Qing, Zhang, L., Li, G., Vermeulen, R., et al. (2004) Hematotoxically in Workers Exposed to Low Levels of Benzene. Science 306: 1774 - 1776. Docket EPA - HQ - OAR - 20 10 - 0 16 2 . 398 Turtletaub, K.W. and Mani, C. (2003) Benzene metabolism in rodents at doses relevant to human exposur e from Urban Air. Research Reports Health Effect Inst. Report No.113. Docket EPA - HQ - OAR 20 10 - 0 16 2 .***** E.O. 12866 Review**
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437 of 971 (c) 1,3 -Butadiene EPA has characterized 1,3 - butadiene as carcinogenic to humans by inhalation. 399 , 400 The IARC has determined that 1,3 - butadiene is a human carcinogen and the U.S. DHHS has characterized 1,3 - butadiene as a known human carcinogen. 401 , 402 There are numerous studies con sistently demonstrating that 1,3 - butadiene is metabolized into genotoxic metabolites by experimental animals and humans. The specific mechanisms of 1,3 - butadiene - induced carcinogenesis are unknown; however, the scientific evidence strongly suggests that th e carcinogenic effects are mediated b y genotoxic metabolites. Animal data suggest that females may be more sensitive than males for cancer effects associated with 1,3 - butadiene exposure; there are insufficient data in humans from which to draw conclusions about sensitive subpopulations. 1,3 - b utadiene also causes a variet y of reproductive and developmental effects in mice; no human data on these effects are available. The most sensitive effect was ovarian atroph y observed in a lifetime bioassay of female mice. 403 (d ) Formaldehyde Since 1987, EPA has classified formaldeh yde as a probable human carcinogen based on evidence in humans and in rats, mice, hamsters, and monkey s. 404 EPA is currentl y reviewing recently published epidemiological data. For instance, resear ch conducted b y the National Cancer Institute found an increased risk of nasophary ngeal cancer and l ymphohematopoietic malignancies such as leukemia among workers exposed to formaldeh yde. 405 , 406 In an anal ys is of the ly mphohematopoietic cancer mortality from

399 U.S. EPA (2002) Health Assessment of 1,3 - Butadiene. Office of Research and Development, National Center for Environmental Assessment, Washington Office, Washington, DC. Report No. EPA600 - P - 98 - 001F. This document is available electronically at http://www .epa.gov/iris/supdocs/buta - sup.pdf. Docket EPA - HQ - OAR - 2010 - 0162 . 400 U.S. EPA (2002) Full IRIS Summary for 1,3 - butadiene (CASRN 106 - 99 - 0). Environmental Protection Agency, Integrated Risk Information System (IRIS), Research and Development, National Center f or Environmental Assessment, Washington, DC http://www.epa.gov/iris/subst/0139.htm. Docket EPA - HQ OAR - 2010 - 0162 401 International Agency for Research on Cancer (1999) Monographs on the evaluation of carcinogenic risk of chemicals to humans, Volume 71, Re - eva luation of some organic chemicals, hydrazine and hydrogen peroxide and Volume 97 (in preparation), World Health Organization, Lyon, France. Docket EPA - HQ OAR - 2010 - 0162 402 U.S. Department of Health and Human Services (2005) National Toxicology Program 11th R eport on Carcinogens available at: ntp.niehs.nih.gov/index.cfm?objectid=32BA9724 - F1F6 - 975E 7FCE50709CB4C932. Docket EPA - HQ - OAR - 2010 - 0162 403 Bevan, C.; Stadler, J.C.; Elliot, G.S.; et al. (1996) Subchronic toxicity of 4 - vinylcyclohexene in rats and mice by inhalation. Fundam. Appl. Toxicol. 32:1 - 10. Docket EPA - HQ - OAR - 2010 - 0162 . 404 U.S. EPA (1987) Assessment of Health Risks to Garment Workers and Certain Home Residents from Exposure to Formaldehyde, Office of Pesticides and Toxic Substances, April 1987. Docket EPA - HQ - OAR 2010 - 0162. 405 Hauptmann, M . ; Lubin, J. H.; Stewart, P. A.; Hayes, R. B.; Blair, A. 2003. Mortality from lymphohematopoetic malignancies among workers in formaldehyde industries. Journal of the National Cancer Institute 95: 1615 - 1623. Docket E PA - HQ - OAR - 2010 - 0162. 406 Hauptmann, M . ; Lubin, J. H.; Stewart, P. A.; Hayes, R. B.; Blair, A. 2004. Mortality from solid cancers among workers in formaldehyde industries. American Journal of Epidemiology 159: 1117 - 1130. Docket EPA - HQ - OAR - 2010 - 0162.***** E.O. 12866 Review**
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438 of 971 an extended follow - up of these workers, the National Cancer Institute confirmed an association between ly

mphohematopoietic cancer risk and peak exposure s. 407 A recent National Institute of Occupational Safety and Health study of garment workers also found increased risk of death due to leukemia among workers exposed to formaldehyde. 408 Extended follow - up of a cohort of British chemical workers did not find evidence of an increase in na sophary

ngeal or ly

mphohematopoie tic cancers, but a continuing statisticall y significant excess in lung cancers was reported. 409 Recentl y, the IARC re - classified formaldeh yde as a human carcinogen (Group 1). 410 Formaldeh yd e exposure also causes a range of noncancer health effects, including irritation of the eyes (burning and watering of the eyes), nose and throat. Effects from repeated exposure in humans include respiratory tract irritation, chronic bronchitis and nasal epithelial lesions such as metaplasia and loss of cilia . Animal studies suggest that formaldeh yde may

also cause airway

inflammation

– including eosinophil infiltration into the airway s. There are several studies that suggest that formaldehyde may increase the risk of asthma

– particularly in the young. 411 , 412 (e) Acetaldehyde Acetaldeh yd e is classified in EPA’s IRI S database as a probable human carcinogen, based on nasal tumors in rats , and is considered toxic by the inhalation, oral, and intravenous routes . 413 Acetaldeh yd e is reasonably anticipated to be a human carcinogen b y the U.S. DHHS in the 11 th Report on Carci nogens and is classified as

407 Beane Freeman, L. E.; Blair, A.; Lubin, J. H.; Stewart, P. A.; Hayes, R. B.; Hoover, R. N.; Hauptmann, M. 2009. Mortality from lymphohematopoietic malignancies among workers in formaldehyde industries: The National Cancer Institute cohort. J. National Can cer Inst. 101: 751 - 761. Docket EPA - HQ - OAR - 2010 - 0162. 408 Pinkerton, L. E. 2004. Mortality among a cohort of garment workers exposed to formaldehyde: an update. Occup. Environ. Med. 61: 193 - 200. Docket EPA - HQ - OAR - 2010 - 0162 . 409 Coggon, D, EC Harris, J Poole, KT Palmer. 2003. Extended follow - up of a cohort of British chemical workers exposed to formaldehyde. J National Cancer Inst. 95:1608 - 1615. Docket EPA - HQ - OAR - 2010 - 0162 . 410 International Agency for Research on Cancer. 2006. Formaldehyde, 2 - Butoxyethanol and 1 - tert Butoxypropan - 2 - ol. Volume 88. (in preparation), World Health Organization, Lyon, France. Docket EPA HQ - OAR - 2010 - 0162 411 Agency for Toxic Substances and Disease Registry (ATSDR). 1999. Toxicological profile for Formaldehyde. Atlanta, GA: U.S. Departme nt of Health and Human Services, Public Health Service. http://www.atsdr.cdc.gov/toxprofiles/tp111.html Docket EPA - HQ - OAR - 2010 - 0162. 412 WHO (2002) Concise International Chemical Assessment Document 40: Formaldehyde. Published under the joint sponsorship of the United Nations Environment Programme, the International Labour Organization, and the World Health Organization, and produced within the framework of the Inter Organization Programme for the Sound Management of Chemicals. Geneva. Docket EPA - HQ - OAR - 2 010 - 0162 . 413 U.S. EPA. 1991. Integrated Risk Information System File of Acetaldehyde. Research and Development, National Center for Environmental Assessment, Washington, DC. Available at http://www.epa.gov/iris/subst/0290.htm. Docket EPA - HQ - OAR - 2010 - 0162 .***** E.O. 12866 Review**
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439 of 971 possibly carcinogenic to humans (Group 2B) by the IARC. 414 , 415 EPA is currently conducting a reassessment of cancer risk from inhal ation exposure to acetaldehyde. The primary

noncancer effects of exposure to acetaldehyde vapors inc lude irritation of the eyes, skin, and respiratory tract. 416 In short - term (4 week) rat studies, degeneration of olfactory epithelium was observed at various concentration levels of acetaldeh yde exposure . 417 , 418 Data from these studies were used b y EPA to dev elop an inhalation reference concentration. Some asthmatics have been shown to be a sensitive subpopulation to decrements in functional expiratory volume (FEV1 test) and bronchoconstriction upon acetaldeh yde inhalation. 419 The agency is currently conductin g a reassessment of the health hazards from inhalation exposure to acetaldehyde. (f ) Acrolein Acrolein is extremely

acrid and irritating to humans when inhaled, with acute exposure resulting in upper respiratory tract irritation, mucus hy persecretion and con gestion. The intense irritancy of this carbonyl has been demonstrated during controlled tests in human subjects, who suffer intolerable ey e and nasal mucosal sensory reactions within minutes of exposure. 420 These data and additional studies regarding acute effects of human exposure to acrolein are summarized in EPA’s 2003 IR IS Human Health Assessment for acrolein. 421 Evidence available from studies in humans indicate that levels as low as 0.09 ppm (0.21 mg/m 3 ) for five minutes may elicit subjective complaints of ey e irritation with increasing concentrations leading to more extensive ey e, nose and respiratory

s ymptoms. 422 Lesions to the lungs and upper respiratory tract of rats, rabbits, and hamsters have been observed after subchronic exposure to acro lein. 423

414 U.S. Department of Health and Human Services National Toxicology Program 11th Report on Carcinogens available at: ntp.niehs.nih.gov/index.cfm?objectid=32BA9724 - F1F6 - 975E 7FCE50709CB4C932. Docket EPA - HQ - OAR - 2010 - 0162. 415 International Agency for Research on Cancer. 1999. Re - evaluation of some organic chemicals, hydrazine, and hydrogen peroxide. IARC Monographs on the Evaluation of Carcinogenic Risk of Chemical to Humans, Vol 71. Lyon, France. Docket EPA - HQ - OAR - 2010 - 0162 416 See Integrated Risk Information System File of Acetaldehyde , Note 413 , above. 417 Appleman, L. M., R. A. Woutersen, V. J. Feron, R. N. Hooftman, and W. R. F. Notten. 1986. Effects of the variable versus fixed exposure levels on the toxicity of acetaldehyde in rats. J. Appl. Toxicol. 6: 331 - 336. Docket EPA - HQ - OAR - 2010 - 0162 418 Appleman, L.M., R.A. Woutersen, and V.J. Feron. 1982. Inhalation toxicity of acetaldehyde in rats. I. Ac ute and subacute studies. Toxicology. 23: 293 - 297. Docket EPA - HQ - OAR - 2010 - 0162 . 419 Myou, S.; Fujimura, M.; Nishi K.; Ohka, T.; and Matsuda, T. 1993. Aerosolized acetaldehyde induces histamine - mediated bronchoconstriction in asthmatics. Am. Rev. Respir.Dis. 148 (4 Pt 1): 940 - 3. Docket EPA - HQ - OAR - 2010 - 0162 420 U.S. EPA (U.S. Environmental Protection Agency). (2003) Toxicological review of acrolein in support of summary information on Integrated Risk Information System (IRIS) National Center for Environmental Assessm ent, Washington, DC. EPA/635/R - 03/003. p. 10. Available online at: http://www.epa.gov/ncea/iris/toxreviews/0364tr.pdf . Docket EPA - HQ - OAR - 2010 - 0162 421 See U.S. EPA 2003 Toxicological revie w of acrolein, Note 420 , above. 422 See U.S. EPA 2003 Toxicological revie w of acrolein, Note 420 , at p. 11. 423 Integrated Risk Information System File of Acrolein. Office of Research and Development, National Center for Environmental Assessment, Washington, DC. This material is availabl e at http://www.epa.gov/iris/subst/0364.htm Docket EPA - HQ - OAR - 2010 - 0162 .***** E.O. 12866 Review**
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440 of 971 Acute exposure effects in animal studies report bronchial hy per - responsiveness. 424 In a recent stud y, the acute respiratory irritant effects of exposure to 1.1 ppm acrolein were more pronounced in mice with allergic airway disease by

comparison to n on - diseased mice which also showed decreases in respiratory rate. 425 Based on these animal data and demonstration of similar effects in humans (e.g., reduction in respiratory rate), individuals with compromised respiratory function (e.g., emph ys ema, asthma) are expected to be at increased risk of developing adverse responses to strong respiratory irritants such as acrolein. EPA determined in 2003 that the human carcinogenic potential of acrolein could not be determined because the available data were inade quate. No information was available on the carcinogenic effects of acrolein in humans and the animal data provided inadequate evidence of carcinogenicity. 426 The IARC determined in 1995 that acrolein was not classifiable as to its carcinogenicit y in humans . 427 (g ) Polycyclic Organic Matter The term pol yc yclic organic matter (POM) defines a broad class of compounds that includes the polycyclic aromatic hydrocarbon compounds (PAHs) . One of these compounds, naphthalene, is discussed separately below. POM compounds are formed primarily from combustion and are present in the atmosphere in gas and particulate form. Cancer is the major concern from exposure to POM. Epidemiologic studies have reported an increase in lung cancer in humans exposed to diesel exhaust, cok e oven emissions, roofing tar emissions, and cigarette smoke; all of these mixtures contain POM compounds . 428 429 Animal studies have reported respiratory tract tumors from inhalation exposure to benzo[a]py

rene and alimentary

tract and l iver tumors from oral e xposure to benzo[a]py

rene. EPA has classified seven PAHs (benzo[a]py rene, benz[a]anthracene, chry sene, benzo[b]fluoranthene, benzo[k]fluoranthene, dibenz[a,h]anthracene, and indeno[1,2,3 - cd]py

rene) as Group B2, probable human carcinogens. 430 Recent studies have found that maternal exposures to PAHs in a population of pregnant women were

424 See U.S. 2003 Toxicological review of acrolein, Note 420 , at p. 15. 425 M orris JB, Symanowicz PT, Olsen JE, et al. 2003. Immediate sensory nerve - mediated respiratory responses to irritants in healthy and allergic airway - diseased mice. J Appl Physiol 94(4):1563 - 1571. Docket EPA - HQ - OAR - 2010 - 0162 . 426 U.S. EPA. 2003. Integrated Risk Information System File of Acrolein. Research and Development, National Center for Environmental Assessment, Washington, DC. This material is available at http://www.epa.gov/iris/subst/0364.htm Docket EPA - HQ - OAR - 2010 - 0162. 427 International Agency for Research on Cancer. 1995 . Monographs on the evaluation of carcinogenic risk of chemicals to humans, Volume 63. Dry cleaning, some chlorinated solvents and other industrial chemicals, World Health Org anization, Lyon, France. Docket EPA - HQ - OAR - 2010 - 0162 428 Agency for Toxic Substances and Disease Registry (ATSDR). 199 5. Toxicological profile for Polycyclic Aromatic Hydrocarbons (PAHs). Atlanta, GA: U.S. Department of Health and Human Services, Public Heal th Service. Available electronically at http://www.atsdr.cdc.gov/ToxProfiles/TP.asp?id=122&tid=25. 429 U.S. EPA (2002). Health Assessment Document for Diesel Engine Exhaust . EPA/600/8 - 90/057F Office of Research and Development, Washington DC. http://cfpub.epa.gov/ncea/cfm/recordisplay.cfm?deid=29060 . Docket EPA - HQ - OAR - 20 10 - 0 16 2 430 U.S. EPA (1997). Integrated Risk Information System File of indeno(1,2,3 - cd)pyrene. Research and Development, National Center for Environmental Assessment, Washington, DC. This material is available electronically at http://www.epa.gov/ncea/iris/subst/0457.htm.***** E.O. 12866 Review**
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441 of 971 associated with several adverse birth outcomes, including low birth weight and reduced length at birth, as well as impaired cognitive development in preschool children (3 ye ars of age). 431 , 432 EPA has not y et evaluated these recent studies. (h ) Naphthalene Naphthalene is found in small quantities in gasoline and diesel fuels. Naphthalene emissions have been measured in larger quantities in both gasoline and diesel exhaust compared w ith evaporative emissions from mobile sources, indicating it is primarily a product of combustion. EPA released an external review draft of a reassessment of the inhalation carcinogenicity of naphthalene based on a number of recent animal carcinogenicity studies. 433 The draft reassessment completed external peer review. 434 Based on external peer review comments received, additional analyses are being undertaken. This external review draft does not represent official agency opinion and was released solely

for the purposes of external peer review and public comment. The National Toxicology Program listed naphthalene as "reasonabl y anticipated to be a human carcinogen" in 2004 on the basis of bioassay s reporting clear evidence of carcinogenicity

in rats and some evidence of carcinogenicity in mice. 435 California EPA has relea sed a new risk assessment for naphthalene, and the IARC has reevaluated naphthalene and re - classified it as Group 2B: possibly carcinogenic to humans. 436 Naphthalene also causes a number of chronic non - cancer effects in animals, including abnormal cell chan ges and growth in respiratory and nasal tissues. 437 (i ) Other Air Toxics In addition to the compounds described above, other compounds in gaseous hydrocarbon and PM emissions from heav y - dut y vehicles will be affected by this final action. Mobile source air toxi c compounds that would potentially be impacted include 431 Perera , F.P.; Rauh, V.; Tsai, W - Y.; et al. (2002) Effect of transplacental exposure to environmental pollutants on birth outcomes in a multiethnic population. Environ Health Perspect. 111: 201 - 205. 432 Perera , F.P.; Rauh, V.; Whyatt, R.M.; Tsai, W.Y.; Tang, D.; Diaz, D.; Hoepner, L.; Barr, D.; Tu, Y.H.; Camann, D.; Kinney, P. (2006) Effect of prenatal exposure to airborne polycyclic aromatic hydrocarbons on neurodevelopment in the first 3 years of life among inner - city children. Environ Health Perspect 114: 1 287 - 1292. 433 U. S. EPA. 2004. Toxicological Revie w of Naphthalene (Reassessment of the Inhalation Cancer Risk), Environmental Protection Agency, Integrated Risk Information System, Research and Development, National Center for Environmental Assessment, Wa shington, DC. This material is available electronically at http://www.epa.gov/iris/subst/0436.htm. Docket EPA - HQ - OAR - 2010 - 0162 . 434 Oak Ridge Institute for Science and Education. (2004). External Peer Review for the IRIS Reassessment of the Inhalation Carcinogenicity of Naphthalene. August 2004. http://cfpub.epa.gov/ncea/cfm/recordisplay.cfm?deid= 84403 Docket EPA - HQ - OAR - 2010 - 0162. 435 National Toxicology Program (NTP). (2004). 11th Report on Carcinogens. Public Health Service, U.S. Department of Health and Human Services, Research Triangle Park, NC. Available from: http://ntp server.niehs .nih.gov . Docket EPA - HQ - OAR - 2010 - 0162. 436 International Agency for Research on Cancer. (2002). Monographs on the Evaluation of the Carcinogenic Risk of Chemicals for Humans. Vol. 82. Lyon, France. Docket EPA - HQ - OAR - 2010 - 0162. 437 U. S. EPA. 1998. Toxicological Revie w of Naphthalene, Environmental Protection Agency, Integrated Risk Information System, Research and Development, National Center for Environmental Assessment, Washington, DC. This material is available electronically at http://www.epa.g ov/iris/subst/0436.htm Docket EPA - HQ - OAR - 2010 - 0162.***** E.O. 12866 Review**
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442 of 971 ethylbenzene, propionaldehyde, toluene, and xylene. Information regarding the health effects of these compounds can be found in EPA’s IRI S database. 438 (j ) Exposure and Health Effects Associated with Traffi c Populations who live, work, or attend school near major roads experience elevated exposure concentrations to a wide range of air pollutants, as well as higher risks for a number of adverse health effects. While the previous sections of this preamble hav e focused on the health effects associated with individual criteria pollutants or air toxics, this section discusses the mixture of different exposures near major roadways, rather than the effects of an y single pollutant. As such, this section emphasizes traffic - related air pollution, in general, as the relevant indicator of exposure rather than any particular pollutant. Concentrations of man y traffic - generated air pollutants are elevated for up to 300 - 500 meters downwind of roads with high traffic volumes . 439 Numerous sources on roads contribute to elevated roadside concentrations, including exhaust and evaporative emissions, and resuspension of road dust and tire and brake wear. Concentrations of several criteria and hazardous air pollutants are elevated near major roads. Furthermore, different semi - volatile organic compounds and chemical components of particulate matter, including elemental carbon, organic material, and trace metals, have been reported at higher concentrations near major roads. Populat ions near major roads experience greater risk of certain adverse health effects. The Health Effects Institute published a report on the health effects of traffic related air pollution. 440 Itconcluded that evidence is “sufficient to infer the presence of a causal association” between traffic exposure and exacerbation of childhood asthma sy mptoms. The HEI report also concludes that the evidence is either “sufficient” or “suggestive but not sufficient” for a causal association between traffic exposure and ne w childhood asthma cases. A review of asthma studies by Salam et al. (2008) reaches similar conclusions. 441 The HEI report also concludes that there is “suggestive” evidence for pulmonary

function deficits associated with traffic exposure, but concluded th at there is “inadequate and insufficient” evidence for causal associations with respiratory health care utilization, adult - onset asthma, chronic obstructive pulmonary disease sy

mptoms,

438 U.S. EPA Integrated Risk Information System (IRIS) database is available at: www.epa.gov/iris 439 Zho u, Y.; Levy, J.I. (2007) Factors influencing the spatial extent of mobile source air pollution im pac ts: a meta - analysis. BMC Public Health 7: 89. doi:10.1186/1471 - 2458 - 7 - 89 Docket EPA - HQ OAR - 2010 - 0162. 440 HEI Panel on the Health Effects of Air Pollution. (2010) Traffic - related air pollution: a critical review of the literature on emissions, exposure, and health effects. [Online at www.healtheffects.org ] Docket EPA - HQ - OAR - 2010 - 0162. 441 Salam, M.T.; Islam, T.; Gilliland, F.D. (2008) Recent evidence for adverse effects of residential proximity to traffic sources on asthma. Current Opin Pulm Med 14: 3 - 8. Docket EPA - HQ - OAR - 2010 - 0162***** E.O. 12866 Review**
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443 of 971 and allergy . A review b y Holguin (2008) notes that the effects of traf fic on asthma may be modified by

nutrition status, medication use, and genetic factors. 442 The HEI report also concludes that evidence is “suggestive” of a causal association between traffic exposure and all - cause and cardiovascular mortality . There is also evidence of an association between traffic - related air pollutants and cardiovascular effects such as changes in heart rh ythm, heart attack, and cardiovascular disease. The HEI report characterizes this evidence as “suggestive” of a causal association, an d an independent epidemiological literature review b y Adar and Kaufman (2007) concludes that there is “consistent evidence” linking traffic - related pollution and adverse cardiovascular health outcomes. 443 Some studies have reported associations between traff ic exposure and other health effects, such as birth outcomes (e.g., low birth weight) and childhood cancer. The HEI report concludes that there is currentl y “inadequate and insufficient” evidence for a causal association between these effects and traffic exposure. A review b y Raaschou Nielsen and Rey

nolds (2006) concluded that evidence of an association between childhood cancer and traffic - related air pollutants is weak, but noted the inability to draw firm conclusions based on limited evidence. 444 There is a large population in the United States living in close proximity of major roads. According to the Census Bureau’s American Housing Survey for 2007, approximately

20 million residences in the United States, 15.6% of all homes, are located within 300 feet (91 m) of a highway with 4+ lanes, a railroad, or an airport. 445 Therefore, at current population of approximately 309 million, assuming that population and housing are similarl y distributed, there are over 48 million people in the United States living near such sources. The HEI report also notes that in two North American cities, L os Angeles and Toronto, over 40% of each city ’s population live within 500 meters of a highway or 100 meters of a major road. It also notes that about 33% of each cit y’s population resides within 50 meters of major roads. Together, the evidence suggests that a large U.S. population lives in areas with elevated traffic - related air pollution. People living near roads are often socioeconomically disadvantaged. According to the 2007 American Housing Survey , a renter - occupied property is over twice as likel y as an owner - occupied property to be located near a highway with 4+ lanes, railroad or airport. In the same survey , the median household income of rental housing occupants was less than half that of owner - occupants ($28,921/$59,886). Numerous studies in
442 Holguin, F. (2008) Traffic, outdoor air pollution, and asthma. Immunol Allergy Clinics North Am 28: 577 - 588. Docket EPA - HQ - OAR - 2010 - 0162. 443 Adar, S.D.; Kaufman, J.D. (2007) Cardio vascular disease and air pollutants: evaluating and improving epidemiological data implicating traffic exposure. Inhal Toxicol 19: 135 - 149. Docket EPA - HQ - OAR 2010 - 0162. 444 Raaschou -Nielsen, O.; Reynolds, P. (2006) Air pollution and childhood cancer: a r eview of the epidemiological literature. Int J Cancer 118: 2920 - 2929. Docket EPA - HQ - OAR - 2010 - 0162 445 U.S. Census Bureau (2008) American Housing Survey for the United States in 2007. Series H - 150 (National Data), Table 1A - 7. [Accessed at http://www.censu s.gov/hhes/www/housing/ahs/ahs07/ahs07.html on January 22, 2009] Docket EPA - HQ OAR - 2010 - 0162.***** E.O. 12866 Review**
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444 of 971 individual urban areas report higher levels of traffic - related air pollutants in areas with high minority

or poor populations. 446 , 447 , 448 Students may

also be exposed in situations where schools are located near major roads. In a stud y of nine metropolitan areas across the United States, Appatova et al. (2008) found that on average greater than 33% of schools were located within 400 m of an Interstate, U.S., or state highway , while 1 2% were located within 100 m. 449 The study also found that among the metropolitan areas studied, schools in the Eastern United States were more often sited near major roadway s than schools in the Western United States. Demographic studies of students in sch ools near major roadway s suggest that this population is more likely than the general student population to be of non - white race or Hispanic ethnicity , and more often live in low socioeconomic status locations. 450 , 451 , 452 There is some inconsistency in the evi dence, which may be due to different local development patterns and measures of traffic and geographic scale used in the studies. 449 

### C. **Environmental Effects of Non -**  **GHG Pollutants** In this section we discuss some of the environmental effects of PM and its precursors such as visibility impairment, atmospheric deposition, and materials damage and soiling , as well as environmental effects associated with the presence of ozone in the ambient air , such as impacts on plants, including trees, agronomic crops and urban ornamentals , and environmental effects associated with air toxics . **(1) Visibility**  Visibility can be defined as the degree to which the atmosphere is transparent to visible light. 453 Visibility impairment is caused by light scattering and absorption by suspended 446 Lena, T.S.; Ochieng, V.; Carter, M.; Holguín - Veras, J.; Kinney, P.L. (2002) Elemental carbon and PM 2.5 levels in an urban community heavily impacted by truck tr affic. Environ Health Perspect 110: 1009 - 1015. Docket EPA - HQ - OAR - 2010 - 0162 447 Wier, M.; Sciammas, C.; Seto, E.; Bhatia, R.; Rivard, T. (2009) Health, traffic, and environmental justice: collaborative research and community action in San Francisco, California. Am J Public Health 99: S499 - S504. Docket EPA - HQ - OAR - 2010 - 0162 448 Forken

brock, D.J. and L.A. Schweitzer, Environmental Justice and Transportation Investment Policy . Iowa City: University of Iowa, 1997. Docket EPA - HQ - OAR - 2010 - 0162 449 Appatova, A.S.; Ryan, P.H.; LeMasters, G.K.; Grinshpun, S.A. (2008) Proximal exposure of publ ic schools and students to major roadways: a nationwide U.S. survey. J Environ Plan Mgmt Docket EPA HQ - OAR - 2010 - 0162 450 Green, R.S.; Smorodinsky, S.; Kim, J.J.; McLaughlin, R.; Ostro, B. (2004) Proximity of California public schools to busy roads. Enviro n Health Perspect 112: 61 - 66. Docket EPA - HQ - OAR - 2010 - 0162 451 Houston, D.; Ong, P.; Wu, J.; Winer, A. (2006) Proximity of licensed child care facilities to near roadway vehicle pollution. Am J Public Health 96: 1611 - 1617. Docket EPA - HQ - OAR - 2010 - 0162 452 Wu, Y .; Batterman, S. (2006) Proximity of schools in Detroit, Michigan to automobile and truck traffic. J Exposure Sci Environ Epidemiol 16: 457 - 470. Docket EPA - HQ - OAR - 2010 - 0162 453 National Research Council, 1993. Protecting Visibility in National Parks and W ilderness Areas. National Academy of Sciences Committee on Haze in National Parks and Wilderness Areas. National Academy Press, Washington, DC. Docket EPA - HQ - OAR - 2010 - 0162 . This book can be viewed on the National Academy Press Website at http://www.nap .edu/books/0309048443/html/***** E.O. 12866 Review**
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445 of 971 particles and gases. Visibility is important because it has dir ect significance to people’s enjoy ment of daily

activities in all parts of the country . Individuals value good visibility for the well - being it provides them directl y, where they live and work, and in places where they

enjoy recreational opportunities. V isibility is also highl y valued in significant natural areas , such as national parks and wilderness areas , and special emphasis is given to protecting visibility

in these areas. For more information on visibility see the final 200 9 PM I SA. 454 EPA is pursuin g a two - part strategy to address visibility

impairment. First, EPA developed the regional haze program (64 FR 35714) which was put in place in July 1999 to protect the visibility

in Mandatory

Class I Federal areas. There are 156 national parks, forests and wilderness areas categorized as Mandatory Class I Federal areas (62 FR 38680 - 38681, July

18, 1997). These areas are defined in CAA section 162 as those national parks exceeding 6,000 acres, wilderness areas and memorial parks exceeding 5,000 acres, and all international parks which were in existence on August 7, 1977. Second, EPA has concluded that PM 2.5 causes adverse effects on visibility in other areas that are not protected b y the Regional Haze Rule, depending on PM 2.5 concentrations and other fact ors that control their visibility impact effectiveness such as dry chemical composition and relative humidity (i.e., an indicator of the water composition of the particles), and has set secondary PM 2.5 standards to address these areas. The existing annual primary

and secondary

PM 2.5 standards have been remanded by the D.C. Circuit (see American Farm Bureau v. EPA, 559 F. 3d 512 (D.C. Cir. 2009) and are being addressed in the currently ongoing PM NAAQS review. **(2) Plant and Ecosystem Effects of Ozone**  Elevated o zone levels contribute to environmental effects, with impacts to plants and ecos ys tems being of most concern. Ozone can produce both acute and chronic injury in sensitive species depending on the concentration level and the duration of the exposure. Oz one effects also tend to accumulate over the growing season of the plant, so that even low concentrations experienced for a longer duration have the potential to create chronic stress on vegetation. Ozone damage to plants includes visible injury to leaves and impaired photosy nthesis, both of which can lead to reduced plant growth and reproduction, resulting in reduced crop yi elds, forestry production, and use of sensitive ornamentals in landscaping. In addition, the impairment of photosy nthesis, the proce ss by which the plant makes carbohydrates (its source of energy and food), can lead to a subsequent reduction in root growth and carboh ydrate storage below ground , result ing in other, more subtle plant and ecos ys tems impacts. These latter impacts include increased susceptibility of plants to insect attack, disease, harsh weather, interspecies competition and overall decreased plant vigor. The adverse effects of ozone on forest and other natural vegetation can potentially lead to species shifts and loss f

rom the affected ecos ys tems, resulting in a loss or reduction in associated ecos ys tem goods and services. Last ly , visible ozone injury to leaves can result in a loss of aesthetic value in areas of special scenic significance like national parks and

454 See U.S. EPA 2009 Final PM ISA , Note 355 .***** E.O. 12866 Review**
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446 of 971 wilder ness areas. The final 2006 Ozone Air Quality Criteria Document presents more detailed information on ozone effect s on vegetation and ecos ys tems. **(3) Atmospheric Deposition**  Wet and dry

deposition of ambient particulate matter delivers a complex mixture of meta ls (e.g., mercury , zinc, lead, nickel, aluminum, cadmium), organic compounds (e.g., pol yc yclic organic matter , dioxins, furans) and inorganic compounds (e.g., nitrate, sulfate) to terrestrial and aquatic ecosy stems. The chemical form of the compounds depo sited depends on a variet y of factors including ambient conditions (e.g., temperature, humidity , oxidant levels) and the sources of the material. Chemical and phy sical transformations of the compounds occur in the atmosphere as well as the media onto whic h they

deposit. These transformations in turn influence the fate, bioavailability and potential toxicity

of these compounds. Atmospheric deposition has been identified as a key component of the environmental and human health hazard posed by several pollutants including mercury , dioxin and PCBs. 455 Adverse impacts on water quality can occur when atmospheric contaminants deposit to the water surface or when material deposited on the land enters a waterbody through runoff. Potential impacts of atmospheric dep osition to waterbodies include those related to both nutrient and toxic inputs. Adverse effects to human health and welfare can occur from the addition of excess nitrogen via atmospheric deposition. The nitrogen nutrient enrichment contributes to toxic a lgae blooms and zones of depleted ox ygen, which can lead to fish kills, frequentl y in coastal waters. Deposition of heavy metals or other toxi c s may

lead to the human ingestion of contaminated fish, impairment of drinking water, damage to the marine ecolo gy , and limit s to recreational uses. Several studies have been conducted in U.S. coastal waters and in the Great Lakes Region in which the role of ambient PM deposition and runoff is investigated. 456 , 457 , 458 , 459 , 460 Atmospheric deposition of nitrogen and sulfur contributes to acidification, altering biogeochemistry

and affecting animal and plant life in terrestrial and aquatic ecos ys tems across the United States. The sensitivity of terrestrial and aquatic ecos ys tems to acidification from nitrogen and sulfur deposition is predominantly governed by 455 U.S. EPA (2000) Deposition of Air Pollutants to the Great Waters: Third Report to Congress. Office of Air Quality Planning and Standards. EPA - 453/R - 00 - 0005. Docket EPA - HQ - OAR - 2010 - 0162 . 456 U.S. EPA (2004) National Coastal Condition Report II. Office of Res earch and Development/ Office of Water. EPA - 620/R - 03/002. Docket EPA - HQ - OAR - 2010 - 0162 . 457 Gao, Y., E.D. Nelson, M.P. Field, et al. 2002. Characterization of atmospheric trace elements on PM 2.5 particulate matter over the New York -New Jersey harbor estuary. Atmos. Environ. 36: 1077 - 1086. Docket EPA - HQ - OAR - 2010 - 0162 . 458 Kim , G., N. Hussain, J.R. Scudlark, and T.M. Church. 2000. Factors influencing the atmospheric depositional fluxes of stable Pb, 210Pb, and 7Be into Chesapeake Bay. J. Atmos. Chem. 36: 65 - 79. Docket EPA - HQ - OAR - 2010 - 0162 . 459 Lu, R., R.P. Turco, K. Stolzenbach, et al. 2003. Dry deposition of airborne trace metals on the Los Angeles Basin and adjacent coastal waters. J. Geophys. Res. 108(D2, 4074): AAC 11 - 1 to 11 - 24. Docket EPA - HQ - OAR - 2 010 - 0162 . 460 Marvin, C.H., M.N. Charlton, E.J. Reiner, et al. 2002. Surficial sediment contamination in Lakes Erie and Ontario: A comparative analysis. J. Great Lakes Res. 28(3): 437 - 450. Docket EPA - HQ - OAR - 2010 - 0162 .***** E.O. 12866 Review**
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447 of 971 geology . Prolonged exposure to excess nitrogen and sulfur deposition in sensitive areas acidifies lakes, rivers and soils. Increased acidit y in surface waters creates inhos pitable conditions for biot a and affects the abundance and nutritional value of preferred prey species, threatening biodiversity and ecos ys tem function. Over time, acidifying deposition also removes essential nutrients from forest soils, depleting the cap acity of soils to neutralize future acid loadings and negatively affecting forest sustainability . Major effects include a decline in sensitive forest tree species, such as red spruce ( Picea rubens ) and sugar maple ( Acer saccharum ), and a loss of biodivers ity of fishes, zooplankton, and macro invertebrates . In addition to the role nitrogen deposition play s in acidification, nitrogen deposition also leads to nutrient enrichment and altered biogeochemical cycling. In aquatic s ys tems increased nitrogen can al ter species assemblages and cause eutrophication. In terrestrial sy stems nitrogen loading can lead to loss of nitrogen sensitive lichen species, decreased biodiversit y of grasslands, meadows and other sensitive habitats, and increased potential for invasi ve species. For a broader explanation of the topics treated here, refer to the description in Section 7.1.2 of the RIA. Adverse impacts on soil chemistry and plant life have been observed for areas heavily influenc ed b y atmospheric deposition of nutrients , metals and acid species, resulting in species shifts, loss of biodiversity , forest decline and damage to forest productivity . Potential impacts also include adverse effects to human health through ingestion of contaminated vegetation or livestock (as in the case for dioxin deposition), reduction in crop yi eld, and limited use of land due to contamination. Atmospheric deposition of pollutants can reduce the aesthetic appeal of buildings and culturall y important articles through soiling , and can contribute directly (or in conjunction with other pollutants) to structural damage b y means of corrosion or erosion. Atmospheric deposition may affect materials principally by promoting and accelerating the corrosion of metals, by degrading paints, and by deterio rating building materials such as concrete and limestone. Particles contribute to these effects because of their electrol yt ic, h ygroscopic, and acidic properties , and their ability to ad sorb corrosive gases (principall y sulfur dioxide). **(4) Environmental Ef** 

**fects of Air Toxics** Emissions from producing, transporting and combusting f uel contribute to ambient levels of pollutants that contribute to adverse effects on vegetation. Volatile organic compounds, some of which are considered air toxics, have long been suspected to play a role in vegetation damage. 461 Inlaboratory experiments, a wide range of tolerance to VOCs has been observed. 462 Decreases in harvested seed pod weight have been reported for the more sensitive plants, and some studies have reported effe cts on seed

461 U.S. EPA. 1991. Effects of organi c chemicals in the atmosphere on terrestrial plants. EPA/600/3 - 91/001. Docket EPA - HQ - OAR - 2010 - 0162 . 462 Cape JN, ID Leith, J Binnie, J Content, M Donkin, M Skewes, DN Price AR Brown, AD Sharpe. 2003. Effects of VOCs on herbaceous plants in an open - top cham ber experiment. Environ. Pollut. 124:341 - 343. Docket EPA - HQ - OAR - 2010 - 0162 .***** E.O. 12866 Review**
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448 of 971 germination, flowering and fruit ripening. Effects of individual VOCs or their role in conjunction with other stressors (e.g., acidification, drought, temperature extremes) have not been well studied. In a recent study of a mixture of VOCs in cluding ethanol and toluene on herbaceous plants, significant effects on seed production, leaf water content and photosy

nthetic efficiency

were reported for some plant species. 463 Research suggests an adverse impact of vehicle exhaust on plants, which has i n some cases been attributed to aromatic compounds and in other cases to nitrogen oxides. 464 , 465 , 466 The impacts of VOCs on plant reproduction may have long - term implications for biodiversity and survival of native species near major roadway s. Most of the studies of the impacts of VOCs on vegetation have focused on short - term exposure and few studies have focused on long - term effects of VOCs on vegetation and the potential for metabolites of these compounds to affect herbivores or insects. 

### D. **Air Quality Impacts of Non**  **- GHG Pollutants**  Air quality

modeling was performed to assess the impact of the heavy - dut y vehicle standards on criteria and air toxic pollutants . In this section, we present information on current modeled levels of pollution as well as projec tions for 2030, with respect to ambient PM 2.5 , ozone , selected air toxics, visibility levels and nitrogen and sulfur deposition. The results are discussed in more detail in Section 8.2 of the RIA. We used the Community

Multi - scale Air Qualit y (CMAQ) photochem ical model , version 4.7.1, for our analy sis. This version of CMAQ includes a number of improvements to previous versions of the model. These improvements are discussed in Section 8.2.2 of the RIA. **(1) Ozone**  (a ) Current Levels 8 - hour ozone concentrations exceeding the level of the ozone NAAQS occur in many parts of the country . In 2008, the EPA amended the ozone NAAQS (73 FR 16436, March 27, 2008). The final 2008 ozone NAAQS rule set forth revisions to the previous 1997 NAAQS for ozone to provide increased protection of public health and welfare. On January 6, 2010, EPA pr oposed to reconsider the 2008 ozone NAAQS to ensure that they are requisite to protect public health with an ample margin of safety , and requisite to protect public welf

are (75 FR 2938, January 19, 2010) . EPA intends to complete the
463 Cape JN, ID Leith, J Binnie, J Content, M Donkin, M Skewes, DN Price AR Brown, AD Sharpe. 2003. Effects of VOCs on herbaceous plants in an open - top chamber experiment. Environ. Pollut. 124:341 - 343. Docket EPA - HQ - OAR - 2010 - 0162 . 464 Viskari E - L. 2000. Epicuticular wax of Norway spruce needles as indicator of traffic pollutant deposition. Water, Air, and Soil Pollut. 121:327 - 337. Docket EPA - HQ - OAR - 2010 - 0162 . 465 Ugrekhelidze D, F Korte, G Kvesitadze. 1997. Uptake and transformation of benzene and toluene by plant leaves. Ecotox. Environ. Safety 37:24 - 29. Docket EPA - HQ - OAR - 2010 - 0162 . 466 Kammerbauer H, H Selinger, R Rommelt, A Ziegler - Jons, D Knoppik, B Hock. 1987. Toxic components of motor vehicle emissions for the spruce Picea abies. Environ. Pollut. 48:235 - 243. Docket EPA - HQ - OAR - 2010 - 0162.***** E.O. 12866 Review**
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449 of 971 reconsideration by July

31, 2011 . If, as a result of the reconsideration, EPA promulgates different ozone standards, the new 201 1 ozone standards would replace the 2008 ozone standards and the requirement to designate areas for the replaced 2008 standards would no longer appl y. As of April 21 , 2011 there are 44 areas designated as nonattainment for the 1997 8 - hour ozone NAAQS, comprising 2 42 full or partial counties with a total population of over 118 million people. These numbers do not include the people living in areas where there is a future risk of failing to maintain or attain the 1997 8 - hour ozone NAAQS. The numbers above likel y underestimate the number of counties that are not meet ing the ozone NAAQS because the nonattainment areas associated with the more stringent 2008 8 - hour ozone NAAQS have not y et been designated. Table VII - 7 provides an estimate, based on 2006 - 08 air quality data , of the counties with design values greater than the 2008 8 - hour ozone NAAQS of 0.075 ppm.

**Table VII**  **- 7**  **Counties with Design Values Greater Than the Ozo ne NAAQS**  Standard Number o f Counties Population a 1997 Ozone Standard: counties within the 54 areas currently

designated as nonattainment (as of 1/6/10) 266 122,343, 799 2008 Ozone Standard: additional counties that would not meet the 2008 NAAQS (based on 2006 - 2008 air qualit y data) b 156 36,678,478 Total 422 159,022,277 Notes: a Population numbers are from 2000 census data. b Area designations for the 2008 ozone NAAQS have not yet been made. Nonattainment for the 2008 Ozone NAAQS w ould be based on three years of air quality data from later years. Also, the county numbers in this row

include only the counties with monitors violating the 2008 Ozone NAAQS. The numbers in this table may be an underestimate of the number of counties and po pulations that will eventually be included in areas with multiple counties designated nonattainment. (b ) Projected Levels without this Final Action States with 8 - hour ozone nonattainment areas are required to take action to bring those areas into compliance in the future. Based on the final rule designating and classifying 8 - hour ozone nonattainment areas for the 1997 standard (69 FR 23951, April 30, 2004), most 8 - hour ozone nonattainment areas will be required to attain the ozone NAAQS in the 2007 to 2013 tim e frame and then maintain the NAAQS thereafter . As noted, EPA is reconsidering the 2008 ozone NAAQS. I f EPA promulgates different ozone NAAQS in 201 1 as a result of the reconsideration, these standards would replace the 2008 ozone NAAQS and there would n o longer be a requirement to designate areas for the 2008 NAAQS. Attainment dates for an y 2011 ozone NAAQS would range from 3 to 20 years from designation, depending on the area’s classification.***** E.O. 12866 Review**
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450 of 971 EPA has alread y adopted many emission control programs th at are expected to reduce ambient ozone levels and assist in reducing the number of areas that fail to achieve the ozone NAAQS. Even so, our air quality modeling projects that in 2030 , with all current controls but excluding the impacts of the heav y - dut y standards, up to 10 countie s with a population of over 3 0 million may not attain the 2008 ozone standard of 0.075 ppm (75 ppb) . These numbers do not account for those areas that are close to (e.g., within 10 percent of) the 2008 ozone standard. These are as, although not violating the standards, will also be impacted b y changes in ozone as they work to ensur e long - term maintenance of the ozone NAAQS. (c) Projected Levels with this Final Action Our modeling indicates ozone design value concentrations will decre ase in many areas of the country due to this action . The decreases in ozone design values are likel y due to projected tailpipe reductions in NO X and projected ups tream emissions decreases in NO X and VOCs from reduced gasoline production . The majority of the ozone design value decreases are less than 1 ppb. The maximum projected decrease in an 8 - hour ozone design value is 1.57 ppb in Jefferson County , Tennessee. O n a population - weighted basis, the average modeled 8 - hour ozone design val ues are projected to decrease b y 0.39 ppb in 2030 and the design values for those counties that are projected to be above the 2008 ozone standard in 2030 will see population - weighted decreases of 0.16 ppb due to the heav y - dut y standards. **(2) Particulate Matte**  **r** (a ) Current Levels PM 2.5 concentrations exceeding the level of the PM 2.5 NAAQS occur in many parts of the country . In 2005 , EPA designated 39 nonattainment areas for the 1997 PM 2.5 NAAQS (70 FR 943, January 5, 2005). These areas are composed of 208 full or partial counties with a total population exceeding 88 million. The 1997 PM 2.5 NAAQS was revised in 2006 and the 2006 24 - hour PM 2.5 NAAQS became effective on December 18, 2006. On October 8, 2009, the EPA issued final nonattainment area designations for the 2006 24 - hour PM 2.5 NAAQS (74 FR 58688, November 13, 2009). These designations include 32 areas composed of 121 full or partial counties with a population of over 70 million . Intotal, there are 54 PM 2.5 nonattainment areas composed of 243 counties wi th a population of almost 102 million people. (b ) Projected Levels without this Final Action States with PM 2.5 nonattainment areas are required to take action to bring those areas into compliance in the future. Areas designated as not attaining the 1997 PM 2.5 NAAQS will need to attain the 1997 standards in the 2010 to 2015 time frame, and then maintain them thereafter. The 2006 24 - hour PM 2.5 nonattainment areas will be required to attain the 2006 24 - hour PM 2.5 NAAQS in the 2014 to 2019 time frame and then be required to maintain the 2006 24 - hour PM 2.5 NAAQS thereafter. The heavy - dut y***** E.O. 12866 Review**
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451 of 971 standards finalized in this action become effective in 2012 and therefore may be useful to states in attaining or maintaining the PM 2.5 NAAQS. EPA has alread y adopted many emission control programs that are expected to reduce ambient PM 2.5 levels and which will assist in reducing the number of areas that fail to achieve the PM 2.5 NAAQS. Even so, our air quality modeling projects that in 2030 , with all current controls but e xcluding the impacts of the heav y - dut y standards adopted here , at least 4 counties with a population of almost 7 million may not attain the 1997 annual PM 2.5 standard of 15 μg/m 3 and 22 counties with a population of over 33 million may

not attain the 2006 24 - hour PM 2.5 standard of 3 5 μg/m 3 . These numbers do not account for those areas that are close to (e.g., within 10 percent of) the PM 2.5 standard s . These areas, although not violating the standards, will also benefit from any reductions in PM 2.5 ensurin g long - term maintenance of the PM 2.5 NAAQS. (c) Projected Levels with this Final Action Air quality

modeling performed for this final action shows that in 2030 the majority of the modeled counties will see decreases of less than 0.01 μg/m 3 i n their annual PM 2.5 design values. The decreases in annual PM 2.5 design values that we see in some counties are likel y due to emission reductions related to lower fuel production at existing oil refineries and/or reductions in PM 2.5 precursor emissions (NO X , SO X , and VOCs ) due to improvements in road load . The maximum projected decrease in an annual PM 2.5 design value is 0.03 μg/m 3 in Allen County , Indiana and Canyon County , Idaho. On a population - weighted basis, the average modeled 2030 annual PM 2.5 design value is projected to decrease b y 0.01 μg/m 3 due to this final action. In addition to looking at annual PM 2.5 design values , we also modeled the impact of the standards on 24 - hour PM 2.5 design values . Air quality modeling performed for this final action shows th at in 2030 the majority of the modeled counties will see changes of between - 0.05 μg/m 3 and 0 μg/m 3 i n their 24 - hour PM 2.5 design values. The decreases in annual PM 2.5 design values that we see in some counties are likel y due to emission reductions relate d to lower fuel production at existing oil refineries and/or reductions in PM 2.5 precursor emissions (NO X , SO X , and VOCs ) due to improvements in road load . The maximum projected decrease in a 24 - hour PM 2.5 design value is 0.27 μg/m 3 in Canyon Count y, ID. There are also some counties that are projected to see increases of less than 0.1 μg/m 3 in their 24 - hour PM 2.5 design values . These small increases in 24 - hour PM 2.5 design values are likel y related to downstream emission increases f rom APUs. On a population - weighted basis, the average modeled 2030 24 - hour PM 2.5 design value is projected to decrease b y 0.03 μg/m 3 due to this final action. Those counties that are projected to be above the 24 - hour PM 2.5 standard in 2030 will see slightly smaller population - weighted decreases of 0.01 μg/m 3 in their design values due to this final action.***** E.O. 12866 Review**
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452 of 971 **(3) Air Toxics**  (a ) Current Levels The majority

of Americans continue to be exposed to ambient concentrations of air toxics at levels which have the potential to cause adverse health effects. 467 The levels of air toxics to which people are exposed vary depending on where people live and work and the kinds of activities in which they engage, as discussed in detail in U.S. EPA’s most recent Mobile Source Air Toxics Rule. 468 According to the National Air Toxic Assessment (NATA) for 2005 , 469 mobile sources were responsible for 43 percent of outdoor toxic emissions and over 50 percent of the cancer risk and noncancer hazard . Benzene is the largest contributor to cancer risk of all 124 pollutants quantitatively assessed in the 2002 NATA and mobile sources were responsible for 59 percent of benzene emissions in 2002 . Over the ye ars, EPA has implemented a number of mobile source and fuel controls resulting in VOC reductions, which also reduce benzene and other air toxic emissions. (b ) Projected Levels Our modeling indicates that the heav y - dut y standards have relativel y little impact on national average ambient concentrations of the modeled air toxics. Additional detail on the air toxics results can be found in Section 8.2.3.3 of the RIA. **(4) Nitrogen and Sulfur Deposition**  (a ) Current Levels Over the past two decades, the EPA has undertaken numerous efforts to reduce nitrogen and sulfur deposition across the U.S. Analy ses of long - term monitoring data for the U.S. show that deposition of both nitrogen and sulfur compounds has decreased over the last 17 years although many areas continue to be negativel y impacted by deposition. Deposition o f inorganic nitrogen and sulfur species routinely measured in the U.S. between 200 5 and 200 7 were as high as 9.6 kilograms of nitrogen per hectare (kg N/ha) averaged over three ye ars and 20.8 kilograms of sulfur per hectare (kg S/ha ) averaged over three ye ars . 470 The data show that reductions were more substantial for sulfur compounds than for nitrogen compounds. These numbers are generated b y the U.S. national monitoring network and they likel y underestimate nitrogen deposition because

467 U. S. Environmental Protection Agency (2007). Control of Hazardous Air Pollutants from Mobile Sources; Final Rule. 72 FR 84 34, February 26, 2007. 468 U. S. Environmental Protection Agency (2007). Control of Hazardous Air Pollutants from Mobile Sources; Final Rule. 72 FR 8434, February 26, 2007. 469 U. S. EPA. (20 11 ) 200 5 National - Scale Air Toxics Assessment. http://www.epa.gov/ttn/atw/nata200 5 /. Docket EPA - HQ - OAR - 2010 - 0162. 470 U.S. EPA. U.S. EPA's Report on the Environment (Final Report). U.S. Environmental Protection Agency, Washington, D.C., EPA/600/R - 07/045F (NTIS PB2008 - 112484) . Docket EPA - HQ - OAR - 2010 - 0162. Updated data available online at: http://cfpub.epa.gov/eroe/index.cfm? fuseaction=detail.viewInd&ch=46&subtop=341&lv=list.listByChapter &r=201744***** E.O. 12866 Review**
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453 of 971 neither ammonia nor organic nitrogen is measured. In the eastern U.S., where data are most abundant, total sulfur d eposition decreased by about 44 % between 1990 and 200 7, while total nitrogen deposition decreased b y 25 % over the same time frame. 471 (b ) Projected Levels Our air qualit y modeling projects decreases in nitrogen deposition, especially in the Midwest, as a result of the heav y - duty standards required b y this final action. The heav y - dut y standards will result in annual percent decreases of 0.5% to more than 2% in some cities in the Midwest, Phoenix, Albuquerque, and some areas in Texas. The remainder of the country

will see only

minimal changes in nitrogen deposition, ranging from decreases of less than 0.5% to increases of less than 0.5%. For a map of 2030 nitrogen d eposition impacts and additional information on these impacts, see Section 8.2.3.4 of the RIA. The impacts of the heav y - dut y standards on sulfur deposition are minimal, ranging from decreases of up to 0.5% to increases of up to 0.5%. **(5) Visibility**  (a ) Current Le vels As mentioned in Section VII.D(1)(a) , million s of people live in nonattainment areas for the PM 2.5 NAAQS. These populations, as well as large numbers of individuals who travel to these areas, are likel y to experience visibility impairment. In additio n, while visibility

trends have improved in mandatory class I federal areas, the most recent data show that these areas continue to suffer from visibility impairment. In summary , visibility impairment is experienced throughout the U.S., in multi - state reg ions, urban areas, and remote mandatory class I federal areas. (b ) Projected Levels Air quality

modeling conducted for this final action was used to project visibility conditions in 138 mandatory class I federal areas across the U.S. in 2030. The results sho w that all the modeled areas will continue to have annual average deciview levels above background in 2030. 472 The results also indicate that the majority of the modeled mandatory

class I federal areas will see very little change in their visibility , but so me mandatory

class I federal areas will see improvements in visibility due to the heav y - dut y standards and a few mandatory class I federal areas will see visibility decreases. The

471 U.S. EPA. U.S. EPA ’ s 2008 Report on the Environment (Final Report). U.S. Environmental Protection Agency, Washington, D.C., EPA/600/R - 07/045F (NTIS PB2008 - 112484). Docket EPA - HQ - OAR - 20 10 - 0 16 2. Updated data available online at: http://cfpub.epa.gov/eroe/index.cfm? fuseaction=detail.viewInd&ch=46&subtop=341&lv=list.listByChapter &r=201744 472 The level of visibility impairm ent in an area is based on the light - extinction coefficient and a unitless visibility index, called a “deciview , ” which is used in the valuation of visibility. The deciview metric provides a scale for perceived visual changes over the entire range of cond itions, from clear to hazy. Under many scenic conditions, the average person can generally perceive a change of one deciview . The higher the deciview value, the worse the visibility. Thus, an improvement in visibility is a decrease in deciview value.***** E.O. 12866 Review**
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454 of 971 average visibility

at all modeled mandatory class I federal areas on the 20 % worst day s is projected to improve b y 0.01 deciviews, or 0.06%, in 2030. Section 8.2.3.5 of the RIA contains more detail on the visibility portion of the air qualit y modeling. 

## VIII. **What ar e the**  **Agencies ’**  **Estim ated Cost, Economic, and**  **Other Impacts of the Fin**  **al Program?**  In this section, we present the costs and impacts of the final HD National Program. It is important to note that NHTSA’s final fuel consumption standards and EPA’s final GHG emissions standards will both be in effect, and each will lead to ave rage fuel efficiency

increases and GHG emission reductions. The two agencies’ final standards comprise the HD National Program. The net benefits of the final HD National Program consist of the effects of the program on:  the vehicle program costs (costs o f compl yi ng with the vehicle CO 2 standards)  fuel savings associated with reduced fuel usage resulting from the program  reductions in greenhouse gas emissions,  the reductions in other (non - GHG) pollutants,  costs associated with increases in noise, congestion, and accidents resulting from increased vehicle use,  improvements in U.S. energy security impacts,  benefits associated with increased vehicle use due to the “rebound” effect. We also present the cost - effectiveness of the standards, or the cost per ton of emissions reduced. Where possible, we identify the uncertain aspects of these economic impacts and attempt to quantify them when and if possible (e.g., sensitivity ranges associated with quantified an d monetized GHG impacts ; probabilistic uncertainty associated with non - GHG health benefits ). For some impacts, however, there is a lack of adequate information to inform a probabilistic assessment of uncertainty . EPA continues to work toward developing a comprehensive strategy for characterizing the aggregate impact of uncertainty

in key elements of its anal yses and we will continue to work to refine these uncertaint y analyses in the future as time and resources permi t. The program may

have other effects that are not included here. The agencies sought comment on whether an y costs or benefits were omitted from this analysis, so that they could be explicitly

recognized in the final rules. In particular, as discussed in Section III and in Chapter 2 of the R IA, the technology cost estimates developed here take into account the costs to hold other vehicle attributes, such as size and performance, constant. In addition, the anal ys is assumes that the full technology costs are passed along to vehicle bu yers. Wi th these assumptions, because welfare losses are monetary estimates of how much buy ers would have to be compensated to be made as well off as in***** E.O. 12866 Review**
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455 of 971 the absence of the change, 473 the price increase measures the loss to the buyer. 474 Assuming that the full technol ogy cost gets passed along to the buy er as an increase in price, the technology

cost thus measures the welfare loss to the buy er. Increasing fuel efficiency would have to lead to other changes in the vehicles that buy ers find undesirable for there to be a dditional losses not included in the technology costs. The agencies sought comments, including supporting data and quantitative anal ys es, of any

additional impacts of the final standards on vehicle attributes and performance, and other potential aspects that could positively or negatively affect the welfare implications of this final rulemaking, not addressed in this anal ys is. The comments received by the agencies did not provide any clear insights into this question. Some comments noted the diversity of the trucking industry and expressed a request that the program continue the great variety of options for the industry , because of the variation in needs for different customers. Additional comments noted that the separate engine and vehicle programs su pport the maintenance of variety and current market structure. Though a few commenters raised concerns, no information was offered to indicate that choice will in fact be limited by the program, or that other vehicle attributes are adversely

affected. The total monetized benefits (excluding fuel savings) under the program are projected to be $ 4.3 to $ 11.1 billion in 2030 , depending on the value used for the social cost of carbon. These benefits are summarized below in Table VIII - 31 . The costs of the program in 2030 , presented in Table VIII - 29 are estimated to be approximately $ 2. 2 billion for new engine and truck technology . The program is also estimated to provide $ 20. 6 billion in savings realized by trucking operations through fewer fuel expenditures (calculated using pre - tax fuel prices) , as shown in Table VIII - 30 . The present value of the total monetized benefits (excluding fuel savings) under the program is expected to range from $48. 7 billion to $180.1 billion with a 3% discount rate; with a 7% discount rate, the total monetized benefits are expected to range from $24.3 billion to $155.7 billion. These values, summarized in Table VIII - 31 , depend on the value use d for the social cost of carbon. The present value of costs of the program for new engine and truck technology , in Table VIII - 29 , are expected to be $ 47.4 billion using a 3% discount rate, and $ 24.7 billion with a 7% discount rate . The present value of fuel savings (calculated using pre - tax fuel prices) is estimated at $375.3 billion with a 3% discount rate, and $166.5 billion with a 7% discount rate , as shown in Table VIII - 30 . Total net present 473 This approach describes the economic concept of compensating variation, a payment of money after a change that would make a consumer as well off after the change as before it. A related concept, equivalent variation, estimates the income change that would be an alternative to the change taking place. The difference between them is whether the consumer’s point of reference is her welfare before the change (compensating variation) or after the change (equivalent variation). In practice, these two measures are ty pically very close together. 474 Indeed, it is likely to be an overestimate of the loss to the buyer , because the buy er has choices other than buying the same vehicle with a higher price; she could choose a different vehicle, or decide not to buy a n ew vehicle. The buyer wo uld choose one of those options only if the alternative involves less loss than paying the higher price. Thus, the increase in price that the buyer faces would be the upper bound of loss of consumer w elfare, unless there are other changes to the vehicle due to the fuel economy improvements that make the vehicle less desirable to buyers .***** E.O. 12866 Review**
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456 of 971 benefits (in Table VIII - 32 ) are thus expected to range from $ 376.6 billion to $ 508 billion with a 3% discount rate, and $ 166.1 billion to $ 297.5 billion with a 7% discount rate. The estimates developed here are measured against a baseline fuel efficiency associated with MY 2010 vehicles . The a gencies also considered an alternate baseline associated with AEO 2011 projections, which is further discussed in S ection IX. All calculati ons presented in S ection V III use the constant 2010 vehicle baseline. The extent to which fuel efficiency

improvements may

have occurred in the absence of the rules affects the net benefits associated with the program. I f trucks were to install technolog ies to achieve the fuel savings and reduced GHG emissions in the absence of this program, then both the costs and benefits of these fuel savings could be attributed to market forces, not the rules. As a baseline for estimates of the extent of fuel - saving technologies that might have been adopted in the absence of the program, the proposal used the level of these technologies in MY 2010 vehicles. We sought comment on whether the agencies should use an alternative baseline based on data provided by commente rs to estimate the degree to which the technologies discussed in the proposal would have been adopted in the absence of these rules. No comments were received on this issue. One comment cites the EPA draft RIA as noting a historic 1% per ye ar improvement in fuel efficiency , and argues that the rules are therefore not needed; the actual figure in the draft RIA, however, was a 0.09% per ye ar improvement. EPA has undertaken an analy sis of the econom y - wide impacts of the final heav y duty truck fuel efficiency and GHG standards as an exploratory exercise that EPA believes could provide additional insights into the potential impacts of the program. 475 These results were not a factor regarding the appropriateness of the final standards. It is important to note that the results of this modeling exercise are dependent on the assumptions associated with how manufacturers would make fuel efficiency improvements and how trucking operations would respond to increases in higher vehicle costs and improved vehicle fuel effi ciency as a result of the final program. Further information on these and other aspects of the economic impacts of our rules are summarized in the following sections and are presented in more detail in the RIA for this final rulemaking. 

### A. **Conceptual Framew ork**  **for Evaluating Impacts** This regulation is motivated primarily by the goals of reducing emissions of greenhouse gases and promoting U.S. energy security by reducing consumption and imports of petroleum - based fuels. These motivations involve classic ext ernalities, meaning that private decisions do not incorporate all of the costs associated with these problems; these costs are not borne completel y b y the households or businesses whose actions are responsible for them. In the absence of some mechanism to “internalize” these costs

– that is, to transfer their burden to individuals or firms whose decisions impose them

– individuals and firms will consume more petroleum - based fuels than is

475 See Memorandum to Docket, “ Economy - Wide Im pacts of Heavy - Duty Truck Greenhouse Gas Emissions and Fuel Efficiency Standards ”, May 20, 2011. Docke t EPA - HQ - OAR - 2010 - 0162.***** E.O. 12866 Review**
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457 of 971 socially optimal. Externalities are a classic motivation for governm ent intervention in markets. These externalities, as well as effects due to changes in emissions of other pollutants and other impacts, are discussed in Sections VIII.H

– VIII.K. In some cases, these classic externalities are by themselves enough to just ify the costs of imposing fuel efficiency standards. F or some discount rates and some projected social costs of carbon, however, the reductions in these external costs are less than the costs of new fuel saving technologies needed to meet the standards . ( See T able s 9 - 18 and 9 - 1 9 in the RIA .) Nevertheless , th is regulation reduces trucking companies’ fuel costs; according to our estimates, these savings in fuel costs are by themselves sufficient to pay for the technologies over periods of time considerably s horter than vehicles’ expected lifetimes under the assumptions used for this analy sis (e.g., AEO 2011 projected fuel prices). If these estimates are correct, then the entire value of the reductions in external costs represents additional net benefits of the program, beyond those resulting from the fact that the value of fuel savings exceeds the costs of technologies necessary to achieve them. It is often asserted that there are cost - effective fuel - saving technologies that markets do not take advantage of . This is commonly

known as the “energy gap” or “energy paradox.” S tandard economic theory suggests that in normall y functioning competitive markets, interactions between veh icle buyers and producers would lead producers to incorporate all cost - effective technology into the vehicles that they offer, without government intervention. Unlike in the light - dut y vehicle market, the vast majority of vehicles in the medium - and heav y - duty truck market are purchased and operated b y businesses with narrow profit margins, and for which fuel costs represent a substantial operating expense. Even in the presence of uncertainty and imperfect information

– conditions that hold to some degre e in every market

– we generally

expect firms to attempt to minimize their costs in an effort to survive in a competitive marketplace, and therefore to make decisions that are in the best interest of the company and its owners and/or shareholders. In this case, the benefits of the rules would be due exclusively to reducing the economic costs of externalities resulting from fuel production and consumption. However, as discussed below in Section VIII.E, the agencies have estimated that the application of fu el - saving technologies in response to the final standards would , on average, yi eld private returns to truck owners of 140 percent to 420 percent (see Table VIII - 21 below). T he agencies have also estimated that the application of these technologies would b e significantl y lower in the absence of the final standards ( i.e. , under the “no action” regulatory

alternative), meaning that truck buyers and operators ignore opportunities to make investments in higher fuel efficiency that appear to offer significant co st savings . As discussed in the NPRM, there are several possible explanations in the economics literature for why trucking companies do not adopt technologies that would be expected to increase their profits: there could be a classic market failure in the trucking industry

– market power, externalities, or asy mmetric or incomplete (i.e., missing market) information; there could be institutional or behavioral rigidities in the industry (union rules, standard operating procedures, statutory requirements, loss aversion, etc.), whereb y***** E.O. 12866 Review**
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458 of 971 participants collective ly

do not minimize costs; or the engineering estimates of fuel savings and costs fo r these technologies might overstate their benefits or understate their costs in real - world application s . See 75 FR at 74303 - 307. To try to understand why trucking companies have not adopted these seemingl y cost - effective fuel - saving technologies, the agencies survey ed published literature about the energy

paradox, and held discussions with numerous truck market participants. The proposal discussed five categories of possible explanations derived from these sources . Collectively , these five hy potheses may explain the apparent inconsistency between the engineering anal ys is, which finds a number of cost - effective methods of i mproving fuel efficiency , and the observation that many of these technologies are not widely adopted. These h ypotheses include imperfect information in the original and resale markets, split incentives, uncertaint y about future fuel prices, and adjustment and transactions costs. As the discussion indicated, some of these explanations suggest failures in the private market for fuel - saving technology in addition to the externalities caused b y producing and consuming fuel that are the primary motivation for the rules. Other explanations suggest market - based behaviors that may imply additional costs of regulating truck fuel efficiency that are not accounted for in this anal ys is. As noted above, an additional explanation

– adverse effects on other vehicle attributes -- did not elicit supporting information in the public comments. Anecdotal evidence from various segments of the trucking industry suggests that many

of the hy potheses discussed here may play a role in explaining the puzzle of why truck purchaser s appear to under - invest in fuel efficiency , although different explanations may apply to different segments, or even different companies. The published literature does not appear to include empirical anal ys is or data related to this question. The agencies invite d comment on these explanations, and on an y data or information that could be used to investigate the role of an y or all of these five hy potheses in explaining this energy paradox as it applies specifically to trucks . Some comments expressed dissat isfaction about the explanations presented; they argued that these arguments were not sufficient to explain the phenomenon. These comments argued that the truck owners and operators are better judges of the appropriate amount of fuel efficiency than are g overnment agencies; they choose not to invest because of warranted skepticism about these technologies. The agencies also request ed comment and information regarding any other hy potheses that could explain the appearance that cost effective fuel - saving te chnologies have not been widely incorporated into trucks . The following discussion summarizes the fuller discussion provided in the NPRM and includes discussion of the comments received. **(1) Information Issues in the Original Sale Markets**  One potential h ypoth esis for wh y the trucking industry does not adopt what appear to be inexpensive fuel saving technologies is that there is inadequate or unreliable information available about the effectiveness of many fuel - saving technologies for new vehicles. If reliable information on the effectiveness of many new technologies is absent,***** E.O. 12866 Review**
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459 of 971 truck buy ers will understandabl y be reluctant to spend additional money to purchase vehicles equipped with unproven technologies. This lack of information can manifest itself in multiple way s. For instance, the problem may

arise purely because collecting reliable information on technologies is costly (also see Section VIII.A. 5 below on transaction costs). Moreover, information has aspects of a public good , in that no single firm has the incentive to do the costly experimentation to determine whether or not particular technologies are cost - effective, while all firms benefit from the knowledge that would be gained from that experimentation. Similarly , if multiple firms must conduct the same tests to get the same information, costs could be reduced b y some form of coordination of information gathering. While its effect on information is indirect, we expect the requirement for the use of new technologies included in this program will circumvent these information issues, resulting in their adoption, thus providing more readily available information about their benefits. The agencies appreciate, however, that the diversity of truck uses, driving situations, and driver behavior will lead to variation in the fuel savings that individual trucks or fleets experience from using specific technologies. One commenter noted that the SmartWay program targets combination tractor owners and thus should have the largest impact on that sector, rathe r than vocational or medium - duty

trucks. However, the gap between actual investment in fuel efficiency and the agencies’ estimates of optimal investment is largest for combination tractors. Some of the difference in magnitude is likely to be due to the hi gher vehicle miles traveled for combination tractors compared to medium - dut y and vocational vehicles: more driving means more fuel savings. Additionally , not even a majority of semi - trucks are owned by participants in SmartWay; non - participants are unlik ely to get all the benefits of participants. Other explanations, noted below, are also likely to play a role. This observation may

also suggest some limitations of improved information provision as a means of addressing the “efficiency gap.” **(2) Information**  **Issues in the Resale Market** In addition to issues in the new vehicle market, a second h ypothesis for why trucking companies may

not adopt what appear to be cost - effective technologies to save fuel is that the resale market may not adequately

reward the ad dition of fuel - saving technology

to vehicles to ensure their original purchase by new truck bu ye rs. This inadequate pay

back for users beyond the original owner may contribute to the short pay back period that new purchasers appear to expect. 476 The agencies requested data and information on the extent to which costs of fuel saving equipment can be recovered in the resale truck market. No data were received. One reviewer disputed this theory on the

476 See NAS 2010, Note **197** , at p. 188.***** E.O. 12866 Review**
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460 of 971 basis that people are willing to pay more for better vehicl es, new or used. It is not clear, however, whether bu ye rs of used vehicles can tell which are the better vehicles. 477 Some of this unwillingness to pay for fuel - saving technology may be due to the extension of the information problems in the new vehicle mar ket into resale markets. Bu yers in the resale market have no more reason to trust information on fuel - saving technologies than bu yers in the original market. Because actual fuel efficiency of trucks on the road depends on many factors, including geograph y and driving st yles or habits, even objective sources such as logs of truck performance for used vehicles may not provide reliable information about the fuel efficiency that potential purchasers of used trucks will experience. A related possibility

is that vehicles will be used for different purposes b y their second owners than those for which they were originall y designed, and the fuel - saving technology

is therefore of less value. It is possible, though, that the fuel savings experienced by the secondary purchasers may

not match those experienced b y their original owners if the optimal secondary new use of the vehicle does not earn as many benefits from the technologies. One commenter asks whether the fuel - saving technology is unvalued because it is unproven or overrated. In that case, the premium for fuel - saving technology in the secondary market should accuratel y reflect its value to potential buyers participating in that market, even if it is lower than its value in the original market, and the market has not failed. Because the information necessary to optimize use in the secondary market may not be readil y available or reliable, however, buyers in the resale market may have less ability

than purchasers of new vehicles to identify and gain the advantages of new fuel - saving technologies, and may thus be even less likely

to pay a premium for them. For these reasons, purchasers’ willingness to pay for fuel efficiency

technologies may be even lower in the resale market than in the original equipment mar ket. Even when fuel - saving technologies will provide benefits in the resale markets, purchasers of used vehicles may

not be willing to compensate their original owners fully for their remaining value. As a result, the purchasers of original equipment may expect the resale market to provide inadequate appropriate compensation for the new technologies, even when those technologies would reduce costs for the new bu ye rs. This information issue may partially explain what appears to be the very short pay back p eriods required for new technologies in the new vehicle market. **(3) Split**  **I ncentives**  **in the M edium**  **- and**  **H eavy**  **- D**  **uty T**  **ruck I**  **ndustry** A third hy

pothesis explaining the energy paradox as applied to trucking involves split incentives. When markets work effectivel y, signals provided b y transactions in one market are quickl y transmitted to related markets and influence the decisions of buyers
477 Akerlof, George A. “The Market for ‘Lemons’” Quality Uncertainty and the Market M echanism,” Quarterly Journal of Economics 84(3) (1970): 488 - 500 points out that asymmetric information

– the seller has better information than the buyer

– can potentially lead to complete failure of a market, even when both buyers and sellers would benefit from trade.***** E.O. 12866 Review**
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461 of 971 and sellers in those related markets. For instance, in a well - functioning market sy stem, changes in the expected future price of fuel should be transmitted rapidl y to those who purchase trucks, who will then reevaluate the amount of fuel - saving technology to purchase for new vehicles. If for some reason a truck purchaser will not be directly responsible for future fuel costs, or the individual who will be responsible for fuel costs does not decide which truck characteristics to purchase, then those price signals may not be transmitted effectivel y, and incentives can be described as “split.” One place where such a split may occur is between the owners and operators of trucks. Because they

are generall y responsible for purchasing fuel, truck operators have strong incentives to economize on its use, and are thus likely to support the use of fuel saving technology . However, the own ers of trucks or trailers are often different from operators, and may

be more concerned about their longevit y or maintenance costs than about their fuel efficiency , when purchasing vehicles. As a result, capital investments by truck owners may

be channeled into equipment that improves vehicles’ durability or reduces their maintenance costs, rather than into fuel - saving technology . If operators can choose freel y amon g the trucks they drive, competition among truck owners to employ operators would encourage owners to invest in fuel - saving technology . However, if truck owners have more ability to choose among operators, then market signals for improved fuel savings that would normally be transmitted to truck owners may be muted. Truck fleets that rent their vehicles may provide an example: renters may observe the cost of renting the truck, but not its fuel efficiency ; if so, then the purchasers will aim for vehicles w ith lower costs, to lower the cost of the rental. It might be possible to test this theory by comparing the fuel efficiency of trucks by

owner - operators with those that are leased b y operators. The agencies have not had the data to conduct such a test. O ne commenter noted that there are alway s tradeoffs in an investment decision: a purchaser may

prefer to invest in other vehicle attributes than fuel efficiency. In an efficient market, however, a purchaser should invest in fuel - saving technology as long as the increase in fuel - saving technology costs less than the expected fuel savings. This result should hold regardless of the level of investment in other attributes, unless there are constraints on a purchaser’s access to investment capital. The agencie s believe that truck fleets do have an incentive to make investments in fuel efficiency , and that this assumption is reflected in the regulatory anal ys is. The agencies also believe, however, that sufficient evidence suggests that truck fleets are not avai ling themselves of all the opportunities for efficiency improvements . In addition, the NAS report notes that split incentives can arise between tractor and trailer operators. 478 Trailers affect the fuel efficiency of shipping, but trailer owners do not fa ce strong incentives to coordinate with truck owners. EPA and NHTSA are not regulating trailers in this action. By itself, information provision may be inadequate to address the potential underinvestment in fuel efficiency resulting from such split incent ives. In this setting, regulation may

contribute to fuel savings that otherwise may be difficult to achieve.

478 See NAS 2010, Note **197** , at p. 182.***** E.O. 12866 Review**
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462 of 971 **(4) Uncertainty A**  **bout Future Cost Savings** Another h ypothesis for the lack of adoption of seemingl y fuel saving technologies may be uncertainty

about f uture fuel prices or truck maintenance costs . When purchasers have less than perfect foresight about future operating expenses , they may implicitly discount future savings in those costs due to uncertainty about potential returns from investments that red

uce future costs. In contrast, the immediate costs of the fuel - saving or maintenance - reducing technologies are certain and immediate, and thus not subject to discounting . In this situation, both the expected return on capital investments in higher fuel e fficiency

and potential variance about its expected rate may play a role in a firm’s calculation of its pay

back period on such investments. In the context of energy efficiency investments for the home, Metcalf and Rosenthal (1995) and Metcalf and Hassett ( 1995) observe that households weigh known, up - front costs that are essentially irreversible against an unknown stream of future fuel savings. 479 Notably , in this situation, r equiring households to adopt technologies more quickly may make them worse off by

i mposing additional risk on them . Greene et al (2009) also find s support for this explanation in the context of light duty fuel econom y decisions: a loss - averse consumer’s expected net present value of increasing the fuel economy of a passenger car can be very close to zero , even if a risk neutral expected value calculation shows that its buyer can expect significant net benefits from purchasing a more fuel - efficient car . 480 Supporting this hy pothesis is a finding by Dasgupta et. al (2007) that consumers are more likely to lease than buy

a vehicle with higher maintenance costs because it provides them with the option to return it before those costs become too high. 481 However, the agencies know of no studies that have estimated the impact of uncertaint y on per ceived future savings for medium - and heav y duty vehicles . Purchasers’ uncertainty

about future fuel prices implies that mandating improvements in fuel efficiency can reduce the expected utility associated with truck purchases. This is because adopting su ch regulation requires purchasers to assume a greater level of risk than they would in its absence, even if the future fuel savings predicted b y a risk - neutral calculation actually materialize. One commenter expressed support for this argument. Thus the mere existence of uncertaint y about future savings in fuel costs does not b y itself assure that regulations requiring improved fuel efficiency will necessarily

provide economic benefits for truck purchasers and operators. On the other hand, because risk aversion reduces expected returns for businesses, competitive 479 Metcalf, G., and D. Rosenthal (1995). “ The ‘New’ View of Investment Decisions and Public Policy Analysis: An Application to Green Lig hts and Cold Refrigerators, ” Journal of Policy Analysis and Management 14: 517

– 531. Hassett and Metcalf (1995). “ Energy Tax Credits and Residential Conservation Investment: Evidence from Panel Data ” Journal of Public Economics 57 (1995): 201 - 217. Metcalf, G., and K. Hassett (1999). “ Measuring the Energy Savings from Home Improvement Investments: Evidence from Monthly Billing Data. ” The Review of Economics and Statistics 81(3): 516 - 528. 480 Greene, D., J. German, and M. Delucchi (2009). “Fuel Economy: The Case for Market Failure” in Reducing Climate Impacts in the Transportation Sector, Sperling, D., and J. Cannon, eds. Springer Science. 481 Dasgupta, S., S. Siddarth, and J. Silva - Risso (2007). “To Lease or to Buy? A Structural Model of a Consumer’s Vehicle and C ontract Choice Decisions.” Journal of Marketing Research 44: 490

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463 of 971 pressures can reduce risk aversion: risk - neutral companies can make higher average profits over time. Thus, significant risk aversion is unlikely to survive competitive pressures. **(5) Adjustment**  **and Transactions Costs** Another h ypothesis is that transactions costs of changing to new technologies (how easil y drivers will adapt to the changes, e.g.) may slow or prevent their adoption. Because of the diversit y in the trucking industry, truck owners and fleets may like to see how a new technology

works in the field, when applied to their specific operations, before they

adopt it. One commenter expressed support for this argument. If a conservative approach to new technologies leads truck bu yers to ad opt new technologies slowly , then successful new technologies are likely to be adopted over time without market intervention, but with potentially significant delay s in achieving fuel saving, environment, and energy

securit y benefits. In addition, there may be costs associated with training drivers to realize the potential fuel savings enabled by new technologies, or with accelerating fleet operators’ scheduled fleet turnover and replacement to hasten their acquisition of vehicles equipped with new fuel - sav ing technologies. Here, again, there may be no market failure; requiring the widespread use of these technologies may impose adjustment and transactions costs not included in this analy sis. As in the discussion of the role of risk, these adjustment and transactions costs are t ypically immediate and undiscounted, while their benefits are future and uncertain; risk or loss aversion may further discourage companies from adopting new technologies. To the extent that there may be transactions costs associated with the new technologies, then regulation gives all new truck purchasers a level playing field, because it will require all of them to adjust on approximately the same time schedule. If experience with the new technologies serves to reduce uncertainty an d risk, the industry as a whole may

become more accepting of new technologies. This could increase demand for future new technologies and induce additional benefits in the legacy fleet through complementary

efforts such as SmartWay . **(6) Additional Hypotheses**  In the public comments, two additional ideas were raised for the lack of adoption of what appears to be cost - effective fuel - saving technology . The first suggestion is that tighter diesel emissions standards caused engine manufacturers to invest heavil y (b oth financiall y and with personnel) in emissions reduction technologies, and hence, were unable to invest in fuel efficiency technologies . A second suggestion is that a truck may be a “positional good”

– that is, a good whose value depends on how it compar es to the goods owned b y others. If trucks confer status on their owners or operators, and if that status depends on easil y observable characteristics, then owners may invest disproportionately

in status - granting characteristics rather than less visible c haracteristics, such as fuel efficiency . Because status depends on comparisons to others, an “arms race” may develop in which all parties spend additional money on visible characteristics but***** E.O. 12866 Review**
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464 of 971 may not manage to make themselves better off. In this case, re gulation may improve welfare: b y increasing the requirements for non - positional fuel efficiency , regulation could reduce expenditures made purel y for competition rather than actual increase in welfare. In a competitive business, cost reduction provides a major opportunity cost to investing in status rather than in fuel - saving technology ; thus, this argument may play less of a role in the heav y - duty market than in the consumer market for vehicles. Both these h ypotheses leave open the question, though, wh y additional investments were not made in fuel efficiency if they would provide rapid pay back. Truck purchasers should, in principle, be willing to buy additional fuel - saving technology as long as it is cost - effective, regardless of other vehicle attributes . L imited access to capital, if it is a problem in this sector, might provide some reason for the “crowding out” of the purchase of fuel - saving technology . The agencies received no evidence indicating that constrained access to capital might explain the efficiency gap in this market . **(7) Summary**  On the one hand, commercial vehicle operators are under competitive pressure to reduce operating costs, and thus their purchasers would be expected to pursue and rapidl y adopt cost - effective fuel - saving technologies. On the other hand, the short pay back period required b y bu yers of new trucks is a s ymptom that suggests some combination of uncertaint y about future cost savings, transactions costs, and imperfectly functioning markets. In addition, widespread use of tra ctor - trailer combinations introduces the possibility

that owners of trailers may have weaker incentives than truck owners or operators to adopt fuel - saving technology f or their trailers. The market for medium - and heav y - dut y trucks may face these problems , both in the new vehicle market and in the resale market. Provision of information about fuel - saving technologies through voluntary programs such as SmartWay will assist in the adoption of new cost - saving technologies, but diffusion of new technologies can still be obstructed. Those who are willing to experiment with new technologies expect to find cost savings, but those may be difficult to prove. As noted above, because individual results of new technologies vary , new truck purchasers may

find it diffi cult to identify or verify the effects of fuel - saving technologies. Those who are risk - averse are likel y to avoid new technologies out of concerns over the possibility of inadequate returns on the investment, or with other adverse impacts. Competitive pr essures in the freight transport industry can provide a strong incentive to reduce fuel consumption and improve environmental performance. However, not every

driver or trucking fleet operating today has the requisite ability

or interest to access the technical information, some of which is already provided by SmartWay , nor the resources necessary to evaluate this information within the context of his or her own freight operation. It is unclear, as discussed above, whether some or many of the technologies w ould be adopted in the absence of the program. To the extent that they would have been adopted, the costs and the benefits attributed to those technologies may not in fact be due to the program and may

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465 of 971 less adoption than the agencies consider to be cost - effective. The agencies will continue to explore reasons for this slow adoption of cost - effective technologies. 

### B. **Costs Associated With the Final Program** In this section, the agencies present the estimated costs associated with the final program. The presentation here summarizes the costs associated with new technology expected to be added to meet the new GHG and fuel consumption standards. The anal ys is summarized here provides the estimate of incremental costs on a per truck basis and on an annual total basis. The presentation here summarizes the best estimate by EPA and NHTSA staff as to the technology

mix expected to be employed for compliance. For details behind the cost estimates ass ociated with individual technologies, the reader is directed to Section III of this preamble and to Chapter 2 of the RIA . With respect to the cost estimates presented here, the agencies note that, because these estimates relate to technologies which are in most cases already available, these cost estimates are technically robust. **(1) Costs per Truck**  For the heavy - dut y pickup trucks and vans, the agencies have used a methodology consistent with that used for our recent light - dut y joint rulemaking since most o f the technologies expected for heav y - dut y pickup trucks and vans is consistent with that expected for the larger light - dut y trucks. The cost estimates presented in the recent light duty joint rulemaking were then scaled upward to account for the larger w eight, towing capacity , and work demands of the trucks in these heavier classes. For details on that scaling process and the resultant costs for individual technologies, the reader is directed to Section III of this preamble and to Chapter 2 of the RIA . Note also that all cost estimates have been updated to 2009 dollars for this analysis while the heavy- dut y GHG emissions and fuel efficiency proposal was presented in 2008 dollars and the light - dut y rule was presented in 2007 dollars. For the loose heav y - dut y gasoline engines, we have generally used engine - related costs from the heav y - duty pickup truck and van estimates since the loose heavy - dut y gasoline engines are essentially the same engines as those sold into the heavy - dut y pickup truck and van marke t. For heav y - dut y diesel engines, the agencies have estimated costs using a different methodology

than that employed in the recent light - duty joint rulemaking. In the light duty 2012 - 2016 MY vehicle rule, the fixed costs were included in the hardware co sts via an indirect cost multiplier. As such, the hardware costs presented in that analy sis, and in the cost estimates for Class 2b and 3 trucks, included both the actual hardware and the associated fixed costs. For this analy sis, some of the fixed costs are estimated separatel y for HD diesel engines and are presented separately from the hardware costs. For details, the reader is directed to Chapter 2 of the RIA . Importantly , both methodologies after the***** E.O. 12866 Review**
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466 of 971 figures are totaled account for all the costs ass ociated with the program. As noted above, all costs are presented in 2009 dollars. The estimates of vehicle compliance costs cover the y ears leading up to

– 2012 and 2013

– and including implementation of the program

– 2014 through 2018. Also presented are costs for the y ears following implementation to shed light on the long term (2022 and later) cost impacts of the program. The year 2022 was chosen here consistent with the light - duty 2012 - 2016 MY vehicle rule. That year was considered long term in that anal ys is because the short - term and long - term markup factors described shortly below are applied in five year increments with the 2012 through 2016 implementation span and the 2017 through 2021 span both representing the short - term. Since many of the co sts used in this analy sis are based on costs in the light - dut y rule anal ysis, consistency

with that analy sis seems appropriate. Some of the individual technology cost estimates are presented in brief in Section III , and account for both the direct and in direct costs incurred in the manufacturing and dealer industries (for a complete presentation of technology costs, please refer to Chapter 2 of the RIA). To account for the indirect costs on Class 2b and 3 pickup trucks and vans, the agencies have applied an I CM factor to all of the direct costs to arrive at the estimated technology

cost. The I CM factor used was 1.24 in the short - term (2014 through 2021) to account for differences in the levels of R&D, tooling, and other indirect costs that will be incurr ed. Once the program has been full y implemented, some of the indirect costs will no longer be attributable to these standards and, as such, a lower ICM factor is applied to direct costs in 2022 and later. The agencies have also applied I CM factors to Clas s 4 through 8 trucks and to heav y - duty diesel engine technologies. Markup factors in these categories range from 1.15 to 1.30 in the short term (2014 through 2021) depending on the complexity of the given technology . We have modified the manner in which IC Ms are applied in that they are no longer applied as a simple multiplicative factor on top of the direct manufacturing costs. Instead, we have broken out the warranty cost portion of the I CM and apply it in a multiplicative manner then add the non - warrant y cost portion of the I CM to that. The latter portion, that for non - warranty costs, is determined for a given year and held constant rather than decreasing ye ar - over - ye ar. This new approach, which responds to criticisms from some that the multiplicativ e approach used in the past essentially double counts learning effects, is discussed in Section VIII.C and is detailed in Chapter 2 of the RIA. Note that, for the HD diesel engines, the agencies have applied the ICMs to ensure that our estimates are conservative since we have estimated fixed costs separatel y for technologies applied to these categories -- effectively

making the use of markups a double counting of indirect costs. For the details on the background and the concept behind our use of ICMs to c alculate indirect costs, please refer to the report that has been placed in the docket for this final action. 482 The agencies have also considered the impacts of manufacturer learning on the technology

cost estimates by reflect ing the phenomenon of volume - based learning curve cost reductions in our modeling using two algorithms depending on where in the learning

482 RTI International. Heavy - duty Truck Retail Price Equivalent and Indirect Cost Multipliers. July 2010.***** E.O. 12866 Review**
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467 of 971 cycle ( i.e., on what portion of the learning curve) we consider a technology to be

– “ steep ” portion of the curve for new er technologies and “ flat ” portion of the curve for mature technologies. The observed phenomenon in the economic literature which supports manufacture r learning cost reductions are based on reductions in costs as production volumes increase, and the econom ic literature suggests these cost reductions occur indefinitely , though the absolute magnitude of the cost reductions decrease as production volumes increase (with the highest absolute cost reduction occurring with the first doubling of production). The a gencies use the terminology “ steep ” and “ flat ” portion of the curve to distinguish among newer technologies and more mature technologies, respectively , and how learning cost reductions are applied in cost anal ys es . The steep learning algorithm applies for the earl y, steep portion of the learning curve and is estimated to result in 20 percent lower costs after two full y ears of implementation (i.e., a 201 6 MY cost would be 20 percent lower than the 201 4 and 201 5 model year costs for a new technology

being i mplemented in 201 4 ). The flat learning algorithm applies for the flatter portion of the learning curve and is estimated to result in 3 percent lower costs in each of the five ye ars following first introduction of a mature technology added in response to this final action . Once two steep learning steps have occurred (for technologies having steep learning applied), flat learning would begin. For technologies to which flat learning is applied, learning would begin in year 2 at 3 percent per year for 5 year s. Beyond 5 years of flat learning at 3 percent per y ear, 5 years of flat learning at 2 percent per ye ar, then 5 at 1 percent per y ear become effective. Learning impacts have been considered on most but not all of the technologies expected to be used be cause some of the expected technologies are already used rather widely in the industry

and, presumabl y, learning impacts have already occurred. The agencies have applied the steep learning algorithm for only a handful of technologies considered to be new or emerging technologies such as energy recovery s ystems and thermal storage units which might one day be used on big trucks. For most technologies, the agencies have considered them to be more established and, hence, the agencies have applied the lower f

lat learning algorithm. For more discussion of the learning approach and the technologies to which each t yp e of learning has been applied the reader is directed to Chapter 2 of the RIA . The technology

cost estimates discussed in Section III and detailed i n Chapter 2 of the RIA are used to build up technology package cost estimates. For each engine and truck class, a single package for each was developed capable of compl yi ng with the final standards and the costs for each package was generated. The techno logy packages and package costs are discussed in more detail in Chapter 2 of the RIA. The compliance cost estimates take into account all credits and trading programs and include costs associated with air conditioning controls. Table VIII - 1 presents the average incremental costs per truck for this final action. For HD pickup trucks and vans (Class 2b and 3), costs increase as the standards become more stringent in 2014 through 2018. Following 2018, costs then decrease going forward as learning effects result in decreased costs for individual technologies. By 2022, the long term ICMs take effect and costs decrease yet again. For vocational vehicles, cost trends are more diffic ult to discern as diesel engines begin adding technology

in 2014, gasoline engines begin adding technology in 2016, and the trucks themselves begin adding technology in 2014. With learning effects the costs,***** E.O. 12866 Review**
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468 of 971 in general, decrease each year except for the h eavy - dut y gasoline engine changes in 2016. Long term I CMs take effect in 2022 to provide more cost reductions. For combination tractors, costs generall y decrease each ye ar due to learning effects with the exception of 2017 when the engines placed in sleeper cab tractors add turbo compounding. Following that, learning impacts result in cost reductions and the long term IC Ms take effect in 2022 for further cost reductions. By 2030 and later, cost

– per - truck estimates remain constant for all classes. Regarding the long term I CMs taking effect in 2022, the agencies consider this the point at which some indirect costs decrease or are no longer considered attributable to the program (e.g., warrant y costs go down). Costs per truck remain essentially

constant th ereafter.

**Table VIII**  **- 1**  **: Estimated Cost per Truck (200**  **9 dollars)**  HD Pickups & Vans Vocational Combination 2014 $165 $329 $6,019 2015 $215 $320 $5,871 2016 $422 $397 $5,677 2017 $631 $387 $6,413 2018 $1,048 $378 $6,215 2020 $985 $366 $6,004 2030 $977 $311 $5,075 2040 $977 $305 $5,075 2050 $977 $304 $5,075 These costs would, presumably , have some impact on new truck prices, although the agencies make no attempt at determining what the impact of increased costs would be on new truck prices. Nonetheless, on a percentage basis, the costs shown in Table VIII - 1 for 2018 MY trucks (when all final requirements are full y implemented) would be roughl y three percent for a ty pical HD pickup truck or van, less than one percent for a ty pical vocational vehicle, and roughl y six percent for a t ypical combination truck/tractor using new truck prices of $40,000, $100,000 and $100,000, respectivel y. The costs would represent lower or higher percentages of new truck prices for new trucks w ith higher or lower prices, respectively . Given the wide range of new truck prices in these categories

— a Class 4 vocational work truck might be $40,000 when new while a Class 8 refuse truck (i.e., a large vocational vehicle) might be as much as $200,000 when new

—it is very difficult to reflect incremental costs as percentages of new truck prices for all trucks. What is presented here is the average cost ( Table VIII - 1 ) compared with ty pical new truck prices. As noted above, the fixed costs were estimated separatel y from the hardware costs for HD diesel engines that are placed in vocational vehicles and combination tractors. Those fixed costs are not included in Table VIII - 1 . The agencies have estimated the R&D costs at $6.8 million per manufacturer per ye ar for five years and the new test cell costs (to accommodate measurement of N 2 O emissions) at $63,087 per manufacturer. The test cell costs of N 2 O emissions measurement has been adjusted for the final rulemaking to reflect comments which stated approximately 75 percent of manufacturers would be required to update existing equipm ent while the other 25 percent***** E.O. 12866 Review**
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469 of 971 would require new equipment. These costs appl y individually for LHD, MHD and HHD engines. Given the 14 manufacturers impacted b y the final standards, 11 of which are estimated to sell both MHD and HHD engines and 3 of which are estimated to sell LHD engines, we have estimated a five ye ar annual R&D cost of $170.3 million dollars (2 x 11 x $6.8 million plus 3 x $7.75 million for each ye ar 2012 - 2016) and a one - time test cell cost of $1.6 million dollars (2 x 11 x $63,087 plus 3 x $63,087 in 2013). Estimating annual sales of HD diesel engines at roughl y 600,000 units results in roughly $284 per engine per ye ar for five years beginning in 2012 and ending in 2016. Again, these costs are not reflected in Table VIII - 1 , but are included in Table VIII - 2 as “Other Engineering Costs.” The certification and compliance pro gram costs, for all engine and truck types, are estimated at $6.5 million in the first y ear dropping to $2.3 million in each year thereafter and continuing indefinitely . These costs are detailed in the “Draft Supporting Statement for Information Collectio n Request” which is contained in the docket for this final action. 483 The costs are higher in the first y ear due to capital expenses required to comply with new reporting burdens (facility upgrade costs are included in engineering costs as described above). Estimating annual sales of heavy - dut y trucks at roughl y 1.5 million units would result in just over $4 per engine/truck in the first y ear and less than $2 per engine/truck per year thereafter. These costs are not reflected in Table VIII - 1, but are inclu ded in Table VIII - 2 below as “Compliance Program” costs. **(2) Annual Costs of the HD National Program**  The costs presented here represent the incremental costs for newl y added technology

to comply

with the program . Together with the projected increases in truc k sales, the increases in per - truck average costs shown in Table VIII - 1 , above result in the total annual costs presented in Table VIII - 2 below. Note that the costs presented in Table VIII - 2 do not include the savings that will occur as a res ult of the improvements to fuel consumption. Those impacts are presented in Section VIII. E. Note also that the costs presented here represent costs estimated to occur presuming that the final standards will continue in perpetuit y. Any changes to the final standards would be considered as part of a future rulemaking. In other words, the final standards do not appl y only to 2014 - 2018 model year trucks - they

do, in fact, appl y to all 2014 and later model ye ar trucks. We present more detail regarding the 2014 - 2018 model year trucks in Sections VIII.L, where we summarize all monetized costs and benefits.

483 “Draft Supporting Statement for Information Collection Request,” Control of G reenhouse Gas Emissions from New Motor Vehicles: Proposed Heavy - Duty Engine and Vehicle Standards, EPA ICR Tracking Number 2394.01.***** E.O. 12866 Review**
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470 of 971 **Table VIII**  **- 2**  **: Annual Costs Associated with the Pro**  **gram ($Millions of 200**  **9 dollars)**  Year HD Pickup

and Van s Vocational

Vehicles Combination

Tractors Other

Engineering Costs Compliance

Program Costs Annual

Costs 2012 a $0 $0 $0 $170 $0 $170 2013 $0 $0 $0 $172 $0 $172 2014 $130 $185 $1,078 $170 $6.5 $1,569 2015 $157 $170 $922 $170 $2.3 $1,422 2016 $300 $202 $820 $170 $2.3 $1,495 2017 $447 $198 $951 $0 $2.3 $1,598 2018 $751 $201 $1,000 $0 $2.3 $1,955 2020 $754 $202 $1,001 $0 $2.3 $1,959 2030 $918 $216 $1,076 $0 $2.3 $2,212 2040 $1,024 $281 $1,372 $0 $2.3 $2,679 2050 $1,156 $354 $1,777 $0 $2.3 $3,290 NPV, 3% $17,070 $4,950 $24,487 $793 $52 $47,352 NPV, 7% $8,467 $2,588 $12,855 $724 $30 $24,665 Note: a As explaine d in the text , “Other Engineering Costs” are estimated for years 2012 through 2016. These costs represent facility related costs and engineering development costs, much of which will have to begin prior to implementation of the new standards. 

### C. **I ndirect Cost**  **Multipliers (1)**  **Markup Factors to Estimate Indirect Costs**  For all segments in this analy sis, indirect costs are estimated by applying indirect cost multipliers (I CM) to direct cost estimates. ICMs were calculated by EPA as a basis for estimating the impact on indirect costs of individual vehicle t echnology changes that would result from regulatory actions. Separate ICMs were derived for low, medium, and high complexity

technologies, thus enabling estimates of indirect costs that reflect the variation in research, overhead, and other indirect costs that can occur among different technologies. I CMs were also applied in the light - duty rule. Prior to developing the ICM methodology , EPA and NHTSA both applied a retail price equivalent (RPE) factor to estimate indirect costs. RPEs are estimated by di viding the total revenue of a manufacturer b y the direct manufacturing costs. As such, it includes all forms of indirect costs for a manufacturer and assumes that the ratio applies equally for all technologies. I CMs are based on RPE estimates that are th en modified to reflect only

those elements of indirect costs that would be expected to change in response to a regulatory - induced technology change. For example, warrant y costs would be reflected in both RPE and I CM estimates, while marketing costs might only be reflected in an RPE estimate but not an I CM estimate for a particular technology , if the new regulatory - induced technology change is not one expected to be marketed to consumers. Because ICMs calculated by EPA are for individual technologies, many of which are small in scale, they

often reflect a subset of RPE costs; as a result, the RPE is ty picall y higher than an ICM. This is not alway s the case, as I CM estimates for complex***** E.O. 12866 Review**
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471 of 971 technologies may

reflect higher than average indirect costs, with the resulting ICM larger than the averaged RPE for the industry . There is some level of uncertaint y surrounding both the I CM and RPE markup factors. The ICM estimates used in this final action group all technologies into three broad categories and treat them as if individual technologies within each of the three categories (low, medium, and high complexity ) will have the same ratio of indirect costs to direct costs. This simplification means it is likely that the direct cost for some technologies within a category will be higher and some lower than the estimate for the category in general. More importantly , the IC M estimates have not been validated through a direct accounting of actual indirect costs for individual technologies. Rather, the I CM estimates we re developed using adjustment factors developed in two separate occasions: the first, a consensus process, was reported in the RTI report; the second, a modified Delphi method, was conducted separately and reported in an EPA memo. 484 Both these panels were composed of EPA staff members with previous background in the automobile industry ; the memberships of the two panels overlapped but were not the same. 485 The panels evaluated each element of the industry ’s RPE estimates and estimated the degree to which th ose elements would be expected to change in proportion to changes in direct manufacturing costs. The method and estimates in the RTIreport were peer reviewed b y three industry experts and subsequently by reviewers for the International Journal of Product ion Economics. 486 RPEs themselves are inherently difficult to estimate because the accounting statements of manufacturers do not neatly categorize all cost elements as either direct or indirect costs. Hence, each researcher developing an RPE estimate must apply a certain amount of judgment to the allocation of the costs. Moreover, RPEs for heav y - and medium - duty trucks and for engine manufacturers are not as well studied as they are for the light - dut y automobile industry . Since empirical estimates of I CMs are ultimatel y derived from the same data used to measure RPEs, this affects both measures. However, the value of RPE has not been measured for specific technologies, or for groups of specific technologies. Thus applying a single average RPE to any give n technology

by definition overstates costs for very simple technologies, or understates them for advanced technologies. In the proposal, we requested comment on our ICM factors and whether it was most appropriate to use ICMs or RPEs. We received no comme nt on the issue specificall y, other than basic comments that perhaps our I CM factors were low. In response, for this final action, we have adjusted our I CM factors such that they are slightly higher and, importantly , we have changed the way in which the f

actors are applied. The first change

—increased ICM factors

— has been done as a result of further thought among the EPA and NHTSA team that the I CM factors presented in the original

484 Helfand, Gloria, and Sherwood, Todd. “Documentation of the Development of Indirect Cost Multipliers for Three Automotive Technologies.” Memorandum, Assessment and Standards Division, Office of Transportation and Air Quality, U.S. Environmental Protection Agency, August 2009. 485 NHTSA staff participated in the development of the process for the second, modified Delphi panel, and reviewed the results as they were developed, but did not serve on the panel. 486 The results of the RTI report were published in Alex Rogozhin, Michael Gallaher, Glo ria Helfand, and Walter McManus, “Using Indirect Cost Multipliers to Estimate the Total Cost of Adding New Technology in the Automobile Industry.” International Journal of Production Economics 124 (2010): 360 - 368.***** E.O. 12866 Review**
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472 of 971 RTIreport 487 for low and medium complexity technologies should no longer be used and that we should rel y solely on the modified - Delphi values for these complexity levels. 488 For that reason, we have eliminated the averaging of original RTI values with modified Delphi values and instead are rel yi ng solel y on the modified - Delphi valu es for low and medium complexity

technologies. The second change

—the way the factors are applied

— results in the warranty

portion of the indirect costs being applied as a multiplicative factor (thereb y decreasing going forward as direct manufacturing costs decrease due to learning), and the remainder of the indirect costs being applied as an additive factor (thereb y remaining constant y ear - over - year and not being reduced due to learning). This second change has a comparativel y large impact on the resultant technology costs and, we believe, more appropriately estimates costs over time. Inaddition to these changes, a secondary - level change was also made as part of this I CM recalculation to the light - dut y ICMs and, therefore, to the I CMs used in this analy si s for heavy - dut y pickups and vans. That change was to revise upward the RPE level reported in the original RTIreport from an original value of 1.46 to 1.5 to reflect the long term average RPE. The original RTI study was based on 2008 data. However, an ana ly sis of historical RPE data indicates that, although there is year to year variation, the average RPE has remained constant at roughl y 1.5. ICMs will be applied to future ye ar’s data and therefore NHTSA and EPA staff believe that it would be appropriate t o base ICMs on the historical average rather than a single ye ar’s result. Therefore, ICMs were adjusted to reflect this average level since the original value excluded net income. As a result, even the High 1 and High 2 ICMs used for heavy - duty pickups an d vans have also changed. These changes to our ICMs and the methodology are described in greater detail in Chapter 2 of the final RIA. 

### D. **Cost per Ton of Emissions Reductions** The agencies have calculated the cost per ton of GHG reductions associated with this program on a CO 2 eq basis using the above costs and the emissions reductions described in Section s VIand VII . These values are presented in Table VI II - 3 through Table VIII - 5 for HD pickups & vans, vocational vehicles and combination trucks/tractors, respectively . The cost per metric ton of GHG emissions reductions has been calculated in the ye ars 2020, 2030, 2040, and 2050 using the annual vehicle compliance costs and emission reductions for each of those y ears. The value in 2050 represents the long - term cost per ton of the emissions reduced. The agencies have also calculated the cost per metric ton of GHG emission reductions including the savings associated with reduced fuel consumption (presented below in Section VIII. E. ). This latter calculation does not include the other benefits associated with this program such as those associated with energy securit y benefits as discussed later in S ection VIII .I . By including the fuel savings, the cost per ton is generally less than $0 since the estimated value of fuel savings outweighs the program costs. The results for CO 2 eq costs per ton

487 Rogozhin, Alex, Michael Gallaher, and Walter McManus. “Automobile Industry Retail Price Equivalent and Indirect Cost Multipliers.” Report prepared for EPA by RTI International. EPA Report EPA - 420 - R - 09 - 003, February 2009. 488 Helfand, Gloria, and Sherwoo d, Todd. “Documentation of the Development of Indirect Cost Multipliers for Three Automotive Technologies.” Memorandum, Assessment and Standards Division, Office of Transportation and Air Quality, U.S. Environmental Protection Agency, August 2009.***** E.O. 12866 Review**
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473 of 971 under the HD National Program across all regulated categories are shown in Table VIII - 6 . **Table VIII**  **- 3**  **: Annual Cost per Metric Ton of CO**  **2 e**  **q Reduced**  **– HD**  **Pickup Trucks & Vans (200 9**  **dollars)** Year Program Cost Fuel

Savings (post - tax) CO 2 eq

Reduced Cost per Ton

(without Fuel Savings) Cost per Ton

(with Fuel Savings) 2020 $800 $1,000 3 $240 - $60 2030 $900 $3,300 10 $90 - $230 2040 $1,000 $4,700 14 $70 - $270 2050 $1,200 $5,900 16 $80 - $300 **Table VIII**  **- 4**  **: Annual Cost per Metric Ton of CO**  **2 e**  **q Reduced**  **– Vocational**  **Vehicle s**  **a (200**  **9 dollars**  **)** Year Program Cost Fuel

Savings (post - tax) CO 2 eq

Reduced Cost per Ton

(without Fuel Savings) Cost per Ton

(with Fuel Savings) 2020 $200 $1,200 4 $50 - $240 2030 $200 $2,600 9 $20 - $270 2040 $300 $3,800 12 $30 - $300 2050 $400 $5,000 14 $30 - $330 Note: a The program costs, fuel savings, and CO 2 eq reductions of the engines installed in vocational vehicles are embedded in the vehicle standards and analysis. **Table VIII**  **- 5**  **: Annual Cost per Metric Ton of CO**  **2 e**  **q Reduced**  **– Combination**  **Tractors a**  **(200 9**  **dollars)** Year Program Cost Fuel

Savings (post - tax) CO 2 eq

Reduced Cost per Ton

(without Fuel Savings) Cost per Ton

(with Fuel Savings) 2020 $1,000 $8,700 32 $30 - $240 2030 $1,100 $17,000 57 $20 - $280 2040 $1,400 $22,100 68 $20 - $300 2050 $1,800 $28,500 78 $20 - $340 Note: a The program costs, fuel savings, and CO 2 eq reductions of the engines installed in tractors are em bedded in the tractor standards and analysis.***** E.O. 12866 Review**
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474 of 971 **Table VIII**  **- 6**  **: Annual Cost**  **p er Metric Ton of CO**  **2 eq**  **Reduced –**  **Final (200**  **9 dollars)**  Year Program

Cost Fuel

Savings (post - tax) CO 2 eq

Reduced Cost per Ton

(without Fuel Savings) Cost per Ton

(with Fuel Savings) 2020 $2,000 $10,900 39 $50 - $230 2030 $2,200 $23,000 76 $30 - $270 2040 $2,700 $30,600 94 $30 - $300 2050 $3,300 $39,500 108 $30 - $340 

### E. **Impacts of Reduction in Fuel Consumption (1)**  **What are the Projected Changes in Fuel Consumption** The new CO 2 standards will result in significant improvements in the fuel efficiency of affected trucks. Drivers of those trucks will see corresponding savings associated with reduced fuel expenditures. The agencies have estimated the impacts on fuel consumption fo r the tailpipe CO 2 standards. To do this, fuel consumption is calculated using both current CO 2 emission levels and the new CO 2 standards. The difference between these estimates represents the net savings from the CO 2 standards. Note that the total numbe r of miles that vehicles are driven each ye ar is different under the control case scenario than in the reference case due to the “rebound effect,” which is discussed in Section VIII. E. (5) . EPA also notes that drivers who drive more than our average estimates for vehicle miles traveled (VMT) will experience more fuel savings; drivers who drive less than our average VMT estimates will experience less fuel savings. The expected impacts on fuel consumption are shown in Table VIII - 7 . The gallons shown in the tables reflect impacts from the new fuel consumption and CO 2 standards and include increased consumption resulting from the rebound effect.

**Table VIII**  **- 7**  **: Fuel Consumption**  **Reduction s of the Pro**  **gram (Million gallons)** 

Year Gasoline Diesel 2014 1 473 2015 3 846 2016 14 1,171 2017 31 1,643 2018 58 2,123 2020 114 2,986 2030 348 5,670 2040 453 7,046 2050 522 8,158 **(2) Potential Impacts on Global Fuel Use and Emissions**  EPA’s quantified reductions in fuel consumption focus on the gains from reducing fuel used b y heavy - duty vehicles within the United States. However, as***** E.O. 12866 Review**
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475 of 971 discussed in Section VIII.I , EPA also recognizes that this regulation will lower the world price of oil (the “monopsony” effect). Lowering oil prices could lead to an uptick in oil consumption globally , leading to a corresponding increase in GHG emissions in other countries. This global increase in emissions could slightly offset some of the emission reduc tions achieved domestically as a result of the regulation. **(3) What are the Monetized Fuel Savings?**  Using the fuel consumption estimates presented in Table VIII - 7 , the agencies can calculate the monetized fuel savings associated with the final standards. To do this, reduced fuel consumption is multiplied in each ye ar b y the corresponding estimated average fuel price in that year, using the reference case taken from the AEO 201 1 . These estimates do not account for the significant uncertainty in future fuel prices; the monetized fuel savings will be understated if actual fuel prices are higher ( or overstated if fuel prices are lower) than estimated. AEO is a standard ref erence used b y NHTSA and EPA and man y other government agencies to estimate the projected price of fuel. This has been done using both the pre - tax and post - tax fuel prices. Since the post - tax fuel prices are the prices paid at fuel pumps , the fuel savings calculated using these prices represent the savings consumers would see. The pre - tax fuel savings are those savings that society would see. These results are shown in Table VIII - 8 . Note that in Section V III. L , the overall benefit s and cost s of the rule s are presented and, for that reason, onl y the pre - tax fuel savings are presented there .

**Table VIII**  **- 8**  **: Estimated Monet**  **ized Fuel Savings ($Millions of 200 9**  **dollars)** Year Fuel Savings

(pre - tax) Fuel Savings

(post - tax) 2014 $1,200 $1,400 2015 $2,200 $2,600 2016 $3,300 $3,800 2017 $4,800 $5,500 2018 $6,400 $7,400 2020 $9,600 $10,900 2030 $20,600 $23,000 2040 $28,000 $30,600 2050 $36,500 $39,500 NPV, 3% $375,300 $415,300 NPV, 7% $166,500 $185,400 As shown in Table VIII - 8 , the agencies are projecting that truck consumers would realize very

large fuel savings as a result of the final standards . As discussed further in the introductory

paragraphs of Section V II I , it is a conundrum from an economic perspective that these large fuel savings have not been provided b y manufacturers and purchased b y consumers of these products . Unlike in the light - dut y vehicle market, the vast majority

of vehicles in the medium - and heavy - dut y truck market are purchased and operated b y businesses; for them, fuel costs may represent substantial operating expenses.***** E.O. 12866 Review**
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476 of 971 Even in the presence of uncertainty and imperfect information

– conditions that hold to some degree in every

market

– we generally

expect firms to be cost - minimizing to survive in a competitive marketplace and to make decisions that are therefore in the best interest of the compan y and its owners and/or shareholders. A number of behavioral and market phenomena may lead to a disconnect between how businesses account for fuel savings in their decisions and the way in which we account for the full stream of fuel savings for these rules, including imperfect information in the original and resale markets, split incentives, uncertaint y in future fuel prices, and adjustment or transactions costs (see Section VIII. A for a more detailed discussion). As discussed below in the context of rebound in Section VIII.E.5, the nature of the explanation for this gap may influence the actual magnitude of the fuel savings. **(4) Payback Period and Lifetime Savings on New Truck Purchases**  Another factor of interest is the pay back period on the purchase of a new truck that complies with the new standards. In other words, how long would it take for the e xpected fuel savings to outweigh the increased cost of a new vehicle? For example, a new 2018 MY HD pickup truck and van is estimated to cost $1,473 more, a vocational vehicle $419 more, and a combination tractor $6,215 more (all values are on average, an d relative to the reference case vehicle) due to the addition of new GHG reducing technology . This new technology will result in lower fuel consumption and, therefore, savings in fuel expenditures. But how many months or y ears would pass before the fuel savings exceed the upfront costs? Table VIII - 9 shows the pay back period analy sis for HD pickup trucks and vans. The table shows fuel consumed under the reference case and fuel consumed b y a 2018 model year truck under the program, inclusive of fuel consumed due to rebound miles. The decrease in fuel consumed under the program is then monetized by

multiplying by

the fuel price reported b y AEO (referenc e case) for 2018 and later. This value represents the fuel savings expected under the program for a HD pickup or van. These savings are then discounted each ye ar since future savings are considered to be of less value than current savings. Shown next ar e estimated increased costs (costs do not necessarily reflect increased prices which may be higher or lower than costs) for the new truck (refer to Table VI II - 1 ). The next columns of Table VIII - 9 show the period required for the fuel savings to exceed the new truck costs. As seen in the table, in the second ye ar of ownership, the discounted fuel savings (at both 3% and 7% discount rates) have begun to outweigh the increased cost of the truck. As shown in the table, the full life savings using 3% discounting would be $6,138 and at 7% discounting would be $4,459.***** E.O. 12866 Review**
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477 of 971 **Table VIII**  **- 9**  **: Payback Period for a 2018 Model Year HD Pickup or Van (2009$) Year of**  **Ownership Reduced**  **Fuel Use**

**(gallons) b**  **Fuel Savings a**  **Increased Cost**  **Cumulative Savings Gasoline**  **Diesel 3%** 

**Discount 7%** 

**Discount 3%** 

**Discount 7%** 

**Discount 1**  67 122 $627 $616 - $1, 048 - $421 - $433 **2** 67 122 $617 $583 $196 $151 **3** 66 120 $600 $546 $796 $696 **4** 64 117 $570 $499 $1,366 $1,196 **5** 62 113 $544 $458 $1,910 $1,654 **6** 59 108 $507 $411 $2,417 $2,065 **7** 56 102 $474 $370 $2,890 $2,435 **Full Life** 894 1,617 $7,187 $5,507 - $1, 048 $ 6,138 $4, 459 Note s : a Fuel savings calculated using the AEO 201 1 reference case fuel prices through 2035. Fuel prices beyond 2035 were extrapolated from an average growth rate for the years 2017 to 2035 . Gasoline and diesel fuel prices have been weighted by gasoline and diesel fuel reductions estimated for all 2018 MY heavy - duty trucks during their lifetimes. b Gallons under the control case include gallons consumed during rebound driving. The story is somewhat different for vocational vehicle s and combination tractor s. These cases are shown in Table VIII - 10 and Table VIII - 11 , respectivel y. Since these trucks travel more miles in a given year, their pay back periods are shorter and are expected to occur within the second ye ar of ownership under both the 3% and 7% discounting cases. As can be seen in Table VIII - 10 and Table VI II - 11 , the lifetime fuel savings are estimated to be considerable with savings of $5,494 (3%) and $4,268 (7%) for the vocational vehicles and $72,875 (3%) and $58,162 (7%) for the combination tract ors. **Table VIII**  **- 10**  **: Payback Period for a 2018 Model Year Vocational Vehicle (2009$) Year of**  **Ownership Reduced**  **Fuel Use**

**(gallons) b**  **Fuel Savings a**  **Increased Cost**  **Cumulative Savings Gasoline**  **Diesel 3%**  **Discount 7%** 

**Discount 3%** 

**Discount 7%** 

**Discount 1**  51 161 $702 $690 - $378 $325 $312 **2** 47 146 $637 $602 $962 $914 **3** 44 134 $576 $524 $1,538 $1,438 **4** 41 122 $516 $452 $2,054 $1,889 **5** 38 110 $463 $390 $2,516 $2,279 **6** 34 98 $404 $328 $2,921 $2,607 **7** 31 87 $359 $280 $3,279 $2,887 **Full Life** 550 1,458 $5,872 $4,646 - $378 $5,494 $4,268 Notes: a Fuel savings calculated using the AEO 201 1 reference case fuel prices through 2035. Fuel prices beyond 2035 were extrapolated from an average growth rate for the years 2017 to 2035 . Gasoline and diesel fuel prices have been weighted by gasoline and diesel fuel reductions estimated for all 2018 MY heavy - duty trucks during their lifetimes. b Gallons under the control case include gallons consumed during rebound driving.***** E.O. 12866 Review**
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478 of 971 **Table VIII**  **- 11**  **: Payback Period for a 2018 Model Year Com bination Tractor (2009$)**  **Year of Ownership**  **Reduced Fuel Use** 

**(gallons) b**  **Fuel Savings a**  **Increased Cost**  **Cumulative Savings Gasoline**  **Diesel 3%**  **Discount 7%** 

**Discount 3%** 

**Discount 7%** 

**Discount 1**  0 3,223 $10,736 $10,539 - $6,215 $4,522 $4,324 **2** 0 2,897 $9,619 $9,089 $14,141 $13,413 **3** 0 2,619 $8,564 $7,790 $22,705 $21,203 **4** 0 2,359 $7,532 $6,595 $30,237 $27,797 **5** 0 2,096 $6,626 $5,585 $36,863 $33,382 **6** 0 1,842 $5,684 $4,611 $42,546 $37,993 **7** 0 1,617 $4,951 $3,867 $47,497 $41,860 **Full Life** 0 26,148 $79,089 $64,376 - $6,215 $72,875 $58,162 Notes: a Fuel savings calculated using the AEO 201 1 reference case fuel prices through 2035. Fuel prices beyond 2035 were extrapolated from an average growth rate for the years 2017 to 2035 . Gasoline and diesel fuel prices have been weighted by gasoline and diese l fuel reductions estimated for all 2018 MY heavy - duty trucks during their lifetimes. b Gallons under the control case include gallons consumed during rebound driving. All of these pay

back analy ses include fuel consumed during rebound VMT in the control ca se but not in the reference case, consistent with other parts of the anal ys is. Further, this analy sis does not include other societal impacts such as reduced time spent refueling or noise, congestion and accidents since the focus is meant to be on those f actors bu ye rs think about most while considering a new truck purchase. Note also that operators that drive more miles per year than the average would realize greater fuel savings than estimated here, and those that drive fewer miles per year would realize lesser savings. The same holds true for operators that keep their vehicles longer (i.e., more y ears) than average in that they would realize greater lifetime fuel savings than operators that keep their vehicles for fewer ye ars than average. Likewise, sh ould fuel prices be higher than the AEO 2011 reference case, operators will realize greater fuel savings than estimated here while they would realize lesser fuel savings were fuel prices to be lower than the AEO 2011 reference case. **(5) Rebound Effect**  The VMT rebound effect refers to the fraction of fuel savings expected to result from an increase in fuel efficiency that is offset by additional vehicle use. If truck shipping costs decrease as a result of lower fuel costs, an increase in truck VMT may occur. Unlike the light - duty rebound effect, the heav y - dut y (HD) rebound effect has not been extensively

studied. Because the factors influencing the HD rebound effect are generall y different from those affecting the light - duty rebound effect, much of the researc h on the light - duty rebound effect is not likely to appl y to the HD sectors. O ne of the major differences between the HD rebound effect and the light - dut y rebound effect is that HD vehicles are used primarily for business purposes. Since these businesses are profit driven, decision makers are highl y likely to be aware of the costs and benefits of different shipping decisions, both in the near term and long term. Therefore, shippers are***** E.O. 12866 Review**
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479 of 971 much more likely

to take into account changes in the overall operatin g costs per mile when making shipping decisions that affect VMT. Another difference from the light - dut y case is that, as discussed in the recent NAS Report489 , when calculating the percentage change in trucking costs to determine the rebound effect, all ch anges in the operating costs should be considered. The cost of labor and fuel generall y constitute the top two shares of truck operating costs, depending on the price of petroleum, 490 , distance traveled, t ype of truck, and commodity. 491 Finally , the equipment costs associated with the purchase or lease of the truck is also a significant component of total operating costs. Even though vehicle costs are lump - sum purchases, they can be considered operating costs for trucking firms, and these costs are, in many cases, expected to be passed onto the final consumers of shipping services on a variable basis. This shipping cost increase could help temper the rebound effect relative to the case of light - dut y vehicles, in which vehicle costs are not considered an operating cost by vehicle owners. When calculating the net change in operating costs, both the increase in new vehicle costs and the decrease in fuel costs per mile should be taken into consideration. The higher the net cost savings, the higher the expected r ebound effect. Conversel y, if the upfront vehicle costs outweighed future cost savings and total costs increased, shipping costs would rise, which would likely result in a decrease in truck VMT. In theory , other changes such as maintenance costs and insurance rates would also be taken into account, although information on these potential cost changes is extremely limited. In the proposal, we invited comments on the most appropriate methodology for factoring new vehicle purchase or leasing costs into the per - mile operating costs. We also invited comment or data on how these regulations could affect maintenance, insurance, or other operating costs. We did not receive an y comments on these assumptions. The following sections describe the factors affecting the rebound effect, different methodologies for estimating the rebound effect, and examples of different estimates of the rebound effect to date. According to the NAS study , it is “ not possible to provide a confident measure of the rebound effect , ” yet NA S concluded that a rebound effect likely exists and that “estimates of fuel savings from regulatory standards will be somewhat misestimated if the rebound effect is not considered.” While we believe the HD rebound effect needs to be studied in more detail , we have attempted to capture the potential impact of the rebound effect in our anal ys is. In the proposal, we solicited data on the rebound effect and input on the most appropriate estimates to use for the rebound effect. However, we did not receive an y new data or substantive comments. Therefore, for this final action, we continue to use a rebound effect for vocational vehicles of 15 percent , a rebound effect for HD pickup trucks and vans of 10 percent , and a rebound effect for

489 See NAS Report, Note **197** 490 American Transportation Research Institute, An Analysis of the Operational Costs of Trucking , December 2008 (Docket ID: EPA - HQ - OAR - 2010 - 0162 - 0007). 491 Transport Canada, Operating Cost of Trucks, 2005. See http://www.tc.gc.ca/eng/policy/report - acg operatingcost2005 - 2005 - e - 2 - 1727.htm , a ccessed on July 16, 2010 (Docket ID: EPA - HQ - OAR - 2010 - 0162 - 0006 ). See also ATRI, 2008.***** E.O. 12866 Review**
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480 of 971 combination tractors of 5 percent . These VMT impacts are reflected in the estimates of total GHG and other air pollution reductions presented in Chapter 5 of the RIA. (a ) Factors Affecting the Magnitude of the Rebound Effect The HD vehicle rebound effect is driven b y the interaction of several different factors. In the short - run, decreasing the fuel cost per mile of driving could lead to a decrease in end product prices. Lower prices could stimulate additional demand for tho se products, which would then result in an increase in VMT. In the long run, shippers could reorganize their logistics and distribution networks to take advantage of lower truck shipping costs. For example, shippers may shift away

from other modes of shi pping such as rail, barge, or air. In addition, shippers may also choose to reduce the number of warehouses, reduce load rates, and make smaller, more frequent shipments, all of which could also lead to an increase in HD VMT. Finally , the benefits of the fuel savings could ripple through the economy , which could in turn increase overall demand for goods and services shipped b y trucks, and therefore increase HD VMT. Conversel y, if a fuel efficiency regulation leads to net increases in the cost of truckin g because fuel savings do not fully offset the increase in upfront vehicle costs, then the price of trucking services could rise, spurring a decrease in HD VMT and a shift to alternative shipping modes. These effects would also ripple through the econom y. (b ) Options for Quantifying the Rebound Effect As described in the previous section, the fuel efficiency rebound effect for HD vehicles has not been studied as extensively as the rebound effect for light - duty vehicles, and virtually

no research has been con ducted on the HD pickup truck and van rebound effect. In the proposal, we discussed four options for quantifying the rebound effect and requested comments. We did not receive an y substantive comments on the described methodologies. (i ) Aggregate Estimates The aggregate approximation approach quantifies the overall change in truck VMT as a result of a percentage change in freight rates. It is important to note that most of the aggregate estimates measure the change in freight demanded (tons or ton - miles), r ather than a change in fuel consumption or VMT. The change in tons or ton - miles is more accurately

characterized as a freight elasticity . Therefore, it may not be entirel y appropriate to interpret these freight elasticities as measures of the rebound eff ect, although these terms are sometimes used interchangeabl y in the literature. 492 Given these caveats, freight elasticit y estimates rel y on estimates of aggregate price elasticity of demand for trucking services, given a percentage change in trucking price s, which is generall y referred to as an “own - price elasticit y.” Estimates of trucking own - price elasticities vary

widel y from positive 1.72 to negative 7.92), and there is no general consensus on the most appropriate values to use, though a 2004 literature survey found

492 Memo from Energy and Environmental Research Associates, LLC Regarding HDV Rebound Effect, dated June 8, 2011.***** E.O. 12866 Review**
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481 of 971 aggregate elasticit y estimates generall y fall in the range of - 0.5 to - 1.5. 493 Inother words, given an own - price elasticity of - 1.5, a 10 percent decrease in trucking prices leads to a 15% increase in truck shipping demand. Another challen ge of estimating the rebound effect using freight elasticities is that these values appear to vary substantiall y based on the demand elasticit y measure (e.g., ton or ton - mile), the model specification (e.g., linear functional form or log linear), the length of the trip, and the ty pe of cargo. In general, elasticity estimates of longer trips tend to be larger than elasticity estimates for shorter trips. In addition, elasticities tend to be larger for lower - value commodities compared to higher - value commodi ties. Although these factors explain some of the differences in estimates, much of the observed variation cannot be explained quantitatively . For example, a recent study that controlled for these variables onl y accounted for about half of the observed variation. 494 Another important variable influencing freight elasticity estimates is whether potential mode shifting is taken into account. Although the total demand for freight transport is generally

determined by

economic activity , there is often the choi ce of shipping freight on modes other than truck. This is because the United States has extensive rail, waterway

and air transport networks in addition to an extensive highway network; these networks closely parallel each other and are often both viable c hoices for freight transport for long - distance routes within the continent. If rates go down for one mode, there will be an increase in demand for that mode and some demand will be shifted from other modes. This “cross - price elasticity” is a measure of the percentage change in demand for shipping b y another mode (e.g., rail) given a percentage change in the price of trucking. Aggregate estimates of cross - price elasticities also vary widely , and there is no general consensus on the most appropriate value to use for anal yt ical purposes. The NAS report cites values ranging from 0.35 to 0.59. 495 Other reports provide significantly different cross - price elasticities, ranging from 0.1 496 to 2.0. 497 When considering intermodal shift, the most relevant kinds of shi pments are those that are competitive between rail and truck modes. These trips generall y include long haul shipments greater than 500 miles, which weigh between 50,000 and 80,000 pounds (the legal road limit in many states). Special kinds of cargo like c oal and short - haul deliveries are of less interest because they are generall y not economically transferable between truck and rail modes, and they would not be expected to shift modes except

493 Graham and Glaister, “Road Traffic Demand Elasticity Es timates: A Review,” Transport Revie ws Volume 24, 3, pp. 261 - 274, 2004 (Docket ID: EPA - HQ - OAR - 2010 - 0162 - 000 5). 494 Li, Z., D.A. Hensher, and J.M. Rose, Identifying sources of systematic variation in direct price elasticities from revealed preference studies of inter- city freight demand. Transport Policy, 2011 . 495 See 2010 NAS Report, Note **197** . See also 2009 Cambridge Systematics, Inc., Draft Final Paper commissioned by the NAS in support of the medium - duty and heavy - duty report. Assessment of Fuel Economy Technologies for Medium and Heavy - duty Vehicles: Commissioned Paper on Indirect Costs and Alternative Approaches Docket ID: EPA - HQ - OAR - 2010 - 0162 - 0009). 496 Friedlaender, A. and Spady, R. (1980) A derived demand function for freight transportation, Revie w of Economics and Statisti cs, 62, pp. 432

–441 (Docket ID: EPA - HQ - OAR - 2010 - 0162 - 0004). 497 Christidis and Leduc, “Longer and Heavier Vehicles for freight transport,” European Commission Joint Research Center’s Institute for Prospective Technology Studies, 2009 (Docket ID: EPA - HQ - OAR - 2 010 - 0162 - 0010).***** E.O. 12866 Review**
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482 of 971 under an extreme price change. However, the total amount of frei ght that could potentially

be subject to mode shifting has also not been studied extensively . (ii) Sector- Specific Estimates Given the limited data available regarding the HD rebound effect, the aggregate approach greatly

simplifies many

of the assumptions as sociated with calculations of the rebound effect. In reality, however, responses to changes in fuel efficiency and new vehicle costs will vary

significantly

based on the commodities affected. A detailed, sector - specific approach would be expected to more accuratel y reflect changes in the trucking market in response to the standards in this program . For example, input - output tables could be used to determine the trucking cost share of the total delivered price of a commodity . Using the change in trucking prices described in the aggregate approach, the product - specific demand elasticities could be used to calculate the change in sales and shipments for each product. The change in shipment increases could then be weighted b y the share of the trucking indus try total, and then summed to get the total increase in trucking output. A simplifying assumption could then be made that the increase in output results in an increase in VMT. To the best of our knowledge, this ty pe of data has not y et been collected. W e did not receive an y new information in response to our request for comments in the proposal, therefore we were unable to use this methodology for estimating the rebound effect for this final action. (iii) Econometric Estimates Similar to the methodology use d to estimate the light - dut y rebound effect, the HD rebound effect could be modeled econometricall y by estimating truck demand as a function of economic activity (e.g., GDP) and different input prices (e.g., vehicle prices, driver wages, and fuel costs per mile). This ty pe of econometric model could be estimated for either truck VMT or ton - miles as a measure of demand. The resulting elasticity estimates could then be used to determine the change in trucking demand, given the change in fuel cost and truck prices per mile from these standards. One of the challenges associated with an econometric anal ys is is the potential for omitted variable bias, which could either overstate or understate the potential rebound effect if the omitted variable is correlated w ith the controlled variables. (iv) Other Modeling Approaches Regulation of the heav y - duty industry has been studied in more detail in Europe, as the European Commission (EC) has considered allowing longer and heavier trucks for freight transport. Part of the anal ys is considered by the EC relies on country - specific modeling of changes in the freight sector that would result from changes in regulations. 498 This approach attempts to explicitly calculate modal shift decisions and impacts on GHG emissions. Although similar ty pes of anal ys is have not been conducted extensively in the United States, research is currentl y underway that explores the potential for intermodal shifting in the United States. For example, Winebrake and Corbett have developed the Geospatial Intermodal Freight Transportation model, which evaluates the potential for
498 Christidis and Leduc, “Longer and Heavier Vehicles for freight transport,” European Commission Joint Research Center’s Institute for Prospective Technology Studies, 2009.***** E.O. 12866 Review**
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483 of 971 GHG emissions reductions based on mode shifting, given existing limitations of infrastructure and other route characteristics in the United States. 499 This model connects multiple ro ad, rail, and waterway transportation networks and embeds activity based calculations in the model. Within this intermodal network, the model assigns various economic, time - of - delivery , energy , and environmental attributes to real - world goods movement routes. The model can then calculate different network optimization scenarios, based on changes in prices and policies. 500 However, more work is needed in this area to determine whether this ty pe of methodology

is appropriate for the purposes of capturing the rebound effect. Therefore, we have not been able to use this methodology for estimating the rebound effect for this final action. (c) Estimates of the Rebound Effect The aggregate methodology was used by

Cambridge S ys tematics, Inc. (CSI) to show several examples of the magnitude of the rebound effect. 501 In their paper commissioned by

the NAS in support of the recent HD report, CSI calculated an effective rebound effect for two different technology cost and fuel savings scenarios associated with an exampl e Class 8 truck. Scenario 1 increased average fuel economy from 5.59 mpg to 6.8 mpg, with an additional cost of $22,930. Scenario 2 increased the average fuel econom y to 9.1 mpg, at an incremental cost of $71,630 per vehicle. The CSI examples provided e stimates using a range of own - price elasticities ( - 0.5 to - 1.5) and cross - price elasticities (0.35 to 0.59) from the literature. Based on these two scenarios and a number of simplifying assumptions to aid the calculations, CSI found a rebound effect of 11 - 31% for Scenario 1 and 5 - 16% for Scenario 2 when the fuel savings from reduced rail usage were not taken into account (“First rebound effect”). When the fuel savings from reduced rail usage were included in the calculations, the overall rebound effect wa s between 9 - 13% for Scenario 1 and 3 - 15% for Scenario 2 (“Second Rebound Effect”). See Table VI II - 12 . CSIincluded a number of caveats associated with these calculations. Namely , the elasticity estimates derived from the literature are “heavil y reliant on factors including the ty pe of demand measures anal yz ed (vehicle - miles of travel, ton - miles, or tons), anal ys is geograph y, trip lengths, markets served, and commodities transported .” Furthermore, the CSIexample only

focused on Class 8 combination tractors and did not attempt to quantify the potential rebound effect for any other truck classes. Finall y, these scenarios were characterized as “sketches” and were not included in the final NAS report. In fact, the NAS report asserted that it is “not possible to provide a confident measure of the rebound effect , ” yet concluded that a rebound effect likely exi sts and that “estimates of

499 Winebrake, James and Corbett, James J. (2010). “Improving the Energy Efficiency and Environmental Performance of Goods Movement,” in Sperling, Daniel and James S. Cannon (2010) Climate and Transportation Solutions: Findings from the 2009 Asilomar Conference on Transportation and Energy Policy. See http://www.its.ucdavis.edu/events/2009book/Chapter13.pdf (Docket ID: EPA - HQ - OAR - 2010 - 0162 - 0011) 500 Winebrake, J. J.; Corbett, J. J.; Falz arano, A.; Ha wker, J. S.; Korfmacher, K.; Ketha, S.; Zilora, S., Assessing Energy, Environmental, and Economic Tradeoffs in Intermodal Freight Transportation, Journal of the Air &W

aste Management Association , 58(8), 2008 (Docket ID: EPA - HQ - OAR - 2010 - 0162 - 0008) . 501 Cambridge Systematics, Inc., 2009 .***** E.O. 12866 Review**
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484 of 971 fuel savings from regulatory standards will be somewhat misestimated if the rebound effect is not considered.” **Table VIII**  **- 12**  **: Range of Rebound Effect Estim ates from Cambridge Syste**  **matics Aggregate Assessment**  Scenario 1 (6.8 mpg, $22,930) Scenario 2

(9.1 mpg, $71,630) “First Rebound Effect” (increase in truck VMT resulting from decrease in operating costs) 11 - 31% 5 - 16% “Second Rebound Effect” (net fuel savings when decreases from rail are taken into account) 9 - 13 % 3 - 15% As an alternative, using the econometric approach, NHTSA has estimated the rebound effect in the short run and long run for single unit (Class 4 - 7) and (Class 8) combination tractors. As shown in Table VIII - 13 , the estimates for the long - run rebound effect are larger than the estimates in the short run, which is consistent with the theory that shippers have mor e flexibility to change their behavior (e.g., restructure contracts or logistics) when they

are given more time. In addition, the estimates derived from the national data also showed larger rebound effects compared to the state data. 502 One possible explan ation for the difference in the estimates is that the national rebound estimates are capturing some of the impacts of changes in economic activity. Historically , large increases in fuel prices are highly correlated with economic downturns, and there may n ot be enough variation in the national data to differentiate the impact of fuel price changes from changes in economic activity . In contrast, some states may see an increase in output when energy prices increase (e.g., large oil producing states such as T exas and Alaska); therefore, the state data may be more accurately

isolating the individual impact of fuel price changes.

502 NHTSA’s estimates of the rebound effect are derived from econometric analysis of national and state VMT data reported in Federal Highway Administration, Highway Statistics , various editions, Tables VM - 1 and VM - 4. Specifically, the estimates of the rebound effect reported in Table VIII - 10 are ranges of the estimated short - run and long - run elasticities of annual VMT by single - unit and combination trucks with respect to fuel cost per mile driven. (Fuel cost pe r mile driven during each year is equal to average fuel price per gallon during that year divided by average fuel economy of the truck fleet during that same year.) These estimates are derived from time - series regression of annual national aggregate VMT f or the period 1970 - 2008 on measures of nationwide economic activity, including aggregate GDP, the value of durable and nondurable goods production, and the volume of U.S. exports and imports of goods, and variables affecting the price of trucking services (driver wage rates, truck purchase prices, and fuel costs), and from regression of VMT for each individual state over the period 1994 - 2008 on similar variables measured at the state level.***** E.O. 12866 Review**
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485 of 971 **Table VIII**  **- 13**  **: Range of Rebound Effect Estim**  **ates from NHTSA Econometric Analysis** Truck Ty pe National Data State Data Short Run Long Run Short Run Long Run Single Unit 13 - 22% 28 - 45% 3 - 8% 12 - 21% Combination N/A 12 - 14% N/A 4 - 5% As discussed throughout this section, there are multiple methodologies for quantifying the rebound effect, and these different methodologies produce a large range of potential values of the rebound effect. However, for the purposes of quantifying the rebound effect for this program, we have used a rebound effect with respect to changes in fuel costs per mile on th e lower range of the long - run estimates. Given the fact that the long - run state estimates are generall y more consistent with the aggregate estimates, for this program we have chosen a rebound effect for vocational vehicles (single unit trucks) of 15% that is within the range of estimates from both methodologies. Similarly , we have chosen a rebound effect for combination tractors of 5%. To date, no estimates of the HD pickup truck and van rebound effect have been cited in the literature. Since these veh icles are used for very different purposes than heav y - dut y vehicles, it does not necessarily seem appropriate to apply one of the heav y duty estimates to the HD pickup trucks and vans. These vehicles are more similar in use to large light - dut y vehicles, s o for the purposes of our anal ys is, we have chosen to apply the light - dut y rebound effect of 10 percent to this class of vehicles. For the purposes of this program, we have not taken into account an y potential fuel savings or GHG emission reductions from the rail sector due to mode shifting. We requested comments on this assumption in the proposal, but we did not receive any new data or input. Furthermore, we have made a number of simplifying assumptions in our calculations, which are discussed in more detail in the RIA. Specificall y, we have not attempted to capture how current market failures might impact the rebound effect. The direction and magnitude of the rebound effect in the HD market are expected to vary depending on the existence and t ypes o f market failures affecting the fuel efficiency of the trucking fleet. If firms are already accuratel y accounting for the costs and benefits of these technologies and fuel savings, then these regulations would increase their net costs, because trucks woul d alread y include all the cost - effective technologies. As a result, the rebound effect would actually be negative and truck VMT would decrease as a result of these final regulations. However, if firms are not optimizing their behavior today due to factor s such as lack of reliable information (see Section VIII.A. for further discussion), it is more likely

that truck VMT would increase. If firms recognize their lower net costs as a result of these regulations and pass those costs along to their customers, then the rebound effect would increase truck VMT. This response assumes that trucking rates include both truck purchase costs and fuel costs, and that the truck purchase costs included in the rates spread those costs over the full expected lifetime of the trucks. If those costs are spread over a shorter period, as the expected short pay back period implies,***** E.O. 12866 Review**
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486 of 971 then those purchase costs will inhibit reduction of freight rates, and the rebound effect will be smaller. As discussed in more detail in Section VIII .A, if there are market failures such as split incentives, estimating the rebound effect may depend on the nature of the failures. For example, if the original purchaser cannot fully recoup the higher upfront costs through fuel savings before selling the vehicle nor pass those costs onto the resale bu ye r, the firm would be expected to raise shipping rates. A firm purchasing the truck second hand might lower shipping rates if the firm recognizes the cost savings after operating the vehicle, leading to an i ncrease in VMT. Similarl y, if there are split incentives and the vehicle bu yer isn’t the same entity that purchases the fuel, than there would theoreticall y be a positive rebound effect. In this scenario, fuel savings would lower the net costs to the fue l purchaser, which would result in a larger increase in truck VMT. If all of these scenarios occur in the marketplace, the net effect will depend on the extent and magnitude of their relative effects, which are also likel y to vary across truck classes (f or instance, split incentives may be a much larger problem for Class 7 and 8 tractors than they

are for HD pickup trucks). Additional details on the rebound effect are included in the RIA. 

### F. **Class Shifting and Fleet Turnover Impacts** The agencies considere d two additional potential indirect costs, benefits, effects, and externalities which may lead to unintended consequences of the pro gram to improve the fuel efficiency

and reduce GHG emissions from HD trucks. The next sections cover the agencies’ qualitat ive discussions on potential class shifting and fleet turnover effects. **(1) Class**  **S hifting**  Heav y - dut y vehicles are ty picall y configured and purchased to perform a function. For example, a concrete mixer truck is purchased to transport concrete, a combination tractor is purchased to move freight with the use of a trailer, and a Class 3 pickup truck could be purchased b y a landscape company to pull a trailer carrying lawnmowers. The purchaser makes decisions based on man y attributes of the vehicle, including th e gross vehicle weight rating of the vehicle which in part determines the amount of freight or equipment that can be carried. If the final HD National Program impacts either the performance of the vehicle or the marginal cost of the vehicle relative to the other vehicle classes, then consumers may choose to purchase a different vehicle, resulting in the unintended consequence of increased fuel consumption and GHG emissions in - use. The agencies, along with the NAS panel, found that there is little or no lite rature which evaluates class shifting between trucks. 503 NHTSA and EPA qualitatively evaluated the final rules in light of potential class shifting. The agencies looked at four potential cases of shifting: - from light - dut y pickup trucks to heav y - dut y pick up trucks;

503 See 2010 NAS Report, Note **197** , page 152.***** E.O. 12866 Review**
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487 of 971 from sleeper cabs to day

cabs; from combination tractors to vocational vehicles; and within vocational vehicles. Li ght - dut y pickup trucks, those with a GVWR of less than 8,500 pounds, are currentl y regulated under the existing CAFE program and w ill meet GHG emissions standards beginning in 2012. The increased stringency of the light - dut y 2012 - 2016 MY vehicle rule has led some to speculate that vehicle consumers may choose to purchase heav y - dut y pickup trucks that are currentl y unregulated if the cost of the light - duty regulation is high relative to the cost to buy the larger heavy - dut y pickup trucks. Since fuel consumption and GHG emissions rise significantly with vehicle mass, a shift from light - duty trucks to heavy - dut y trucks would likely lea d to higher fuel consumption and GHG emissions, an untended consequence of the regulations. Given the significant price premium of a heav y - dut y truck (often five to ten thousand dollars more than a light - dut y pickup), we believe that such a class shift wo uld be unlikely even absent this program. With these final regulations, any incentive for such a class shift is significantly diminished. The final regulations for the HD pickup trucks, and similarly for vans, are based on similar technologies and therefo re reflect a similar expected increase in cost when compared to the light - duty GHG regulation. Hence, the combination of the two regulations provides little incentive for a shift from light - duty trucks to HD trucks. To the extent that our final regulatio n of heav y - duty pickups and vans could conceivabl y encourage a class shift towards lighter pickups, this unintended consequence would in fact be expected to lead to lower fuel consumption and GHG emissions as the smaller light - duty pickups are significantl y more efficient than heav y - dut y pickup trucks. The projected cost increases for this final action differ significantly between Class 8 day cabs and Class 8 sleeper cabs, reflecting our expectation that compliance with the final standards will lead truck c onsumers to specify sleeper cabs equipped with APUs while day cab consumers will not. Since Class 8 day cab and sleeper cab trucks perform essentially

the same function when hauling a trailer, this raises the possibility that the higher cost for an APU equipped sleeper cab could lead to a shift from sleeper cab to day cab trucks. We do not believe that such an intended consequence will occur for the following reasons. The addition of a sleeper berth to a tractor cab is not a consumer selectable attribute in quite the same way as other vehicle features. The sleeper cab provides a utility

that long - distance trucking fleets need to conduct their operations -- an on - board sleeping berth that lets a driver comply with federally - mandated rest periods, as requi red b y the Department of Transportation Federal Motor Carrier Safety Administration's hours - of - service regulations. The cost of sleeper trucks is already higher than the cost of day cabs, y et the fleets that need this utility purchase them. 504 A day cab si mply

cannot provide this utility . The need for this utility would not be changed even if the marginal costs to reduce greenhouse gas emissions from sleeper cabs exceed the marginal costs to reduce greenhouse gas emissions from day cabs. 505 A trucking fleet 504 A baseline tractor price of a new day cab is $89,500 versus $113,000 for a new sleeper cab based on information gathered by ICF in the “Investigation of Costs for Strat egies to Reduce Greenhouse Gas Emissions for Heavy - Duty On - Road Vehicles”, July 2010. Page 3. Docket Identification Number EPA HQ - OAR - 2010 - 0162 - 0044. 505 The average marginal cost difference between sleeper cabs and day cabs in the proposal is nearly $6,000 .***** E.O. 12866 Review**
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48 8 of 971 could decide to put its drivers in hotels in lieu of using sleeper berths, and switch to day cabs. However, this is unlikely to occur in any

great number, since the added cost for the hotel stay s would far overwhelm differences in the marginal cost betwe en day and sleeper cabs. Even if some fleets do opt to buy hotel rooms and switch to day cabs, they would be highl y unlikel y to purchase a day cab that was aerodynamically worse than the sleeper cab they

replaced, since the need for features optimized for long - distance hauling would not have changed. So in practice, there would likely be little difference to the environment for an y s witching that might occur. Further, while our projected costs assume the purchase of an APU for compliance, in fact our regulatory structure would allow compliance using a near zero cost software utility that eliminates tractor idling after five minutes. Using this compliance approach, the cost difference between a Class 8 sleeper cab and day

cab due to our final regulations is small. We are providing this alternative compliance approach reflecting that some sleeper cabs are used in team driving situations where one driver sleeps while the other drives. In that situation, an APU is unnecessary

since the tractor is continuall y being driven when occupied. When it is parked, it will automatically eliminate any

additional idling through the shutdown software. If trucking companies choose this option, then costs based on purchase of APUs may

overestimate the costs of this program to this sector. Class shifting from combination tractors to vocational vehicles may occur if a customer deems the additional marginal cost of tractors due to the regulation to be greater than the utility

provided by

the tractor. The agencies initially c onsidered this issue when deciding whether to include Class 7 tractors with the Class 8 tractors or regulate them as vocational vehicles. The agencies’ evaluation of the combined vehicle weight rating of the Class 7 shows that if these vehicles were treat ed significantly differently

from the Class 8 tractors, then they could be easil y substituted for Class 8 tractors. Therefore, the agencies are finalizing to include both classes in the tractor category . The agencies believe that a shift from tractors to vocational vehicles would be limited because of the ability of tractors to pick up and drop off trailers at locations which cannot be done by vocational vehicles. The agencies do not envision that the final regulatory program will cause class shifting within the vocational class. The marginal cost difference due to the regulation of vocational vehicles is minimal. The cost of LRR tires on a per tire basis is the same for all vocational vehicles so the only difference in marginal cost of the vehicles is d ue to the number of axles. The agencies believe that the utility gained from the additional load carryi ng capabilit y of the additional axle will outweigh the additional cost for heavier vehicles. 506 In conclusion, NHTSA and EPA believe that the final regulatory structure for HD trucks does not significantly change the current competitive and market factors that determine purchaser preferences among truck t yp es. Furthermore, even if a small amount of shifting does occur, any resulting GHG impacts are likel y to be negligible because any vehicle class that sees an uptick in sales is also being regulated for fuel efficiency . 506 The final rule projects the difference in costs between the HHD and MHD vocational vehicle technologies is approximately $30.***** E.O. 12866 Review**
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489 of 971 Therefore, the agencies did not include an impact of class shifting on the vehicle populations used to assess the benefits of the program. **(2) Fleet Turnover Effect**  A regulation that increases the cost to purchase and/or operate trucks could impact whether a consumer decides to purchase a new truck and the timing of that purchase. The term pre - buy

refers to the idea that truck purchases may o ccur earlier than otherwise planned to avoid the additional costs associated with a new regulatory requirement. Slower fleet turnover, or low - buy s, may occur when owners opt to keep their existing truck rather than purchase a new truck due to the incremental cost of the regulation. The NAS panel discusses the topics associated with HD truck fleet turnover. NAS noted that there is some empirical evidence of pre - buy behavior in response to the 2004 and 2007 heav y - duty engine emission standards, with large r impacts occurring in response to higher costs. 507 However, those regulations increased upfront costs to firms without any

offsetting future cost savings from reduced fuel purchases. In summary , NAS stated that ...during periods of stable or growing demand i n the freight sector, pre buy behavior may

have significant impact on purchase patterns, especially for larger fleets with better access to capital and financing. Under these same conditions, smaller operators may simpl y elect to keep their current equipm ent on the road longer, all the more likel y given continued improvements in diesel engine durability over time. On the other hand, to the extent that fuel economy improvements can offset incremental purchase costs, these impacts will be lessened. Neverth eless, when it comes to efficiency

investments, most heavy - dut y fleet operators require relativel y quick payback periods, on the order of two to three ye ars. 508 The final regulations are projected to return fuel savings to the truck owners that offset the cost of the regulation within a few years for vocational vehicles and Class 7 and 8 tractors, the categories where the potential for prebuy and delayed fleet turnover are concerns. In the case of vocational vehicles, the added cost is small enough that it is unlikely to have a substantial effect on purchasing behavior. In the case of Class 7 and 8 trucks, the effects of the regulation on purchasing behavior will depend on the nature of the market failures and the extent to which firms consider the project ed future fuel savings in their purchasing decisions. If trucking firms account for the rapid pay back, they

are unlikel y to strategically accelerate or delay

their purchase plans at additional cost in capital to avoid a regulation that will lower their o verall operating costs. As discussed in Section VIII.A, this scenario may occur if this final program reduces uncertainty about fuel - saving technologies. More reliable information about way s to reduce fuel consumption allows truck purchasers to

507 See NAS Report, Note **197** , pp. 150 - 151 508 See NAS Report, Note **197** , page 151.***** E.O. 12866 Review**
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490 of 971 evaluate better the benefits and costs of additional fuel savings, primaril y in the original vehicle market, but possibly in the resale market as well. Other market failures may leave open the possibility of some pre - buy

or delayed purchasing behavior. Firms may not consider the full value of the future fuel savings for several reasons. For instance, truck purchasers may not want to invest in fuel efficiency because of uncertaint y about fuel prices. Another explanation is that the resale market may not full y re cognize the value of fuel savings, due to lack of trust of new technologies or changes in the uses of the vehicles. Lack of coordination (also called split incentives

— see Section VIII.A) between truck purchasers (who emphasize the up - front costs of the tr

ucks) and truck operators, who would like the fuel savings, can also lead to pre - buy or delayed purchasing behavior. If these market failures prevent firms from fully internalizing fuel savings when deciding on vehicle purchases, then pre - buy and delayed purchase could occur and could result in a slight decrease in the GHG benefits of the regulation. Thus, whether pre - buy

or delayed purchase is likely to play a significant role in the truck market depends on the specific behaviors of purchasers in that m arket. Without additional information about which scenario is more likely to be prevalent, the Agencies are not projecting a change in fleet turnover characteristics due to this regulation. 

### G. **Benefits of Reducing CO 2**  

### Emissions **(1) Social Cost of Carbon**  EPA ha s assigned a dollar value to reductions in CO 2 emissions using recent estimates of the social cost of carbon (SCC). The SCC is an estimate of the monetized damages associated with an incremental increase in carbon emissions in a given y ear. It is intende d to include (but is not limited to) changes in net agricultural productivity , human health, property

damages from increased flood risk, and the value of ecos ys tem services due to climate change. The SCC estimates used in this analy sis were developed thro ugh an interagency

process that included EPA, DOT/NHTSA, and other executive branch entities, and concluded in February 2010. We first used these SCC estimates in the benefits analy sis for the l ight - d ut y 2012 - 2016 MY v ehicle rule ; see th at rule’s preamble for a discussion of application of the SCC . 509 The SCC Technical Support Document (SCC TSD) provides a complete discussion of the methods used to develop these SCC estimates. 510 The interagency

group selected four SCC values for use in regul atory anal yses, which we have applied in this analy sis: $5, $22, $36, and $6 7 per metric ton of CO 2

509 See 2010 Light - DutyFinal Rule, Note **5** , docket ID EPA - HQ - OAR - 2009 - 04 72 - 11424 . 510 Docket ID EPA - HQ - OAR - 2009 - 0472 - 114577, Technical Support Document: Social Cost of Carbon for Regulatory Impact Analysis Under Executive Order 12866, Interagency Working Group on Social Cost of Carbon , with participation by Council of Economic A dvisers, Council on Environmental Quality, Department of Agriculture, Department of Commerce, Department of Energy, Department of Transportation, Environmental Protection Agency, National Economic Council, Office of Energy and Climate Change, Office of Man agement and Budget, Office of Science and Technology Policy, and Department of Treasury (February 2010). Also available at http://epa.gov/otaq/climate/regulations.htm***** E.O. 12866 Review**
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491 of 971 emissions in 2010, in 200 9 dollars. 511 , 512 The first three values are based on the average SCC from three integrated assessment models, at discount rates of 5 , 3, and 2. 5 percent, respectivel y. SCCs at several discount rates are included because the literature shows that the SCC is quite sensitive to assumptions about the discount rate, and because no consensus exists on the appropriate rate to use in an interg enerational context. The fourth value is the 95th percentile of the SCC from all three models at a 3 percent discount rate. It is included to represent higher - than - expected impacts from temperature change further out in the tails of the SCC distribution. Lo w probability , high impact events are incorporated into all of the SCC values through explicit consideration of their effects in two of the three models as well as the use of a probability density function for equilibrium climate sensitivity . Treating climate sensitivity probabilistically

results in more high temperature outcomes, which in turn lead to higher projections of damages. The SCC increases over time because future emissions are expected to produce larger incremental damages as ph ys ical and ec onomic sy stems become more stressed in response to greater climatic change. Note that the interagency group estimated the growth rate of the SCC directly using the three integrated assessment models rather than assuming a constant annual growth rate. Thi s helps to ensure that the estimates are internally consistent with other modeling assumptions. Table VIII - 14 presents the SCC estimates used in this analy sis. When attempting to assess the incremental economic impacts of carbon dioxide emissions, the analy st faces a number of serious challenges. A recent report from the National Academies of Science points out that an y assessment will suffer from uncertaint y, specul ation, and lack of information about (1) future emissions of greenhouse gases, (2) the effects of past and future emissions on the climate sy stem, (3) the impact of changes in climate on the phy sical and biological environment, and (4) the translation of these environmental impacts into economic damages. 513 As a result, any effort to quantify

and monetize the harms associated with climate change will raise serious questions of science, economics, and ethics and should be viewed as provisional. The interage ncy

group noted a number of limitations to the SCC analy sis, including the incomplete way in which the integrated assessment models capture catastrophic and non - catastrophic impacts, their incomplete treatment of adaptation and technological change, uncert aint y in the extrapolation of damages to high temperatures, and assumptions regarding risk aversion. The limited amount of research linking climate impacts to economic damages makes the interagency modeling exercise even more difficult. The interagency group hopes that over time researchers and modelers will work 511 The interagency group decid ed that these estimates apply only to CO 2 emissions. Given that warming profiles and impacts other than temperature change ( e.g., ocean acidification) vary across GHGs, the group concluded “transforming gases into CO 2 - equivalents using GWP, and then multip lying the carbon equivalents by the SCC, would not result in accurate estimates of the social costs of non - CO 2 gases” (SCC TSD, pg 13). 512 The SCC estimates were converted from 2007 dollars to 2008 dollars using a GDP price deflator (1.021) and again to 2009 dollars using a GDP price deflator (1.009) obtained from the Bureau of Economic Analysis, National Income and Product Accounts Table 1. 1.4, Prices Indexes for Gross Domestic Product . 513 National Research Council (2009). Hidden Costs of Energy: Unpriced Co nsequences of Energy Production and Use . National Academies Press. See docket ID EPA - HQ - OAR - 2009 - 0472 - 11486.***** E.O. 12866 Review**
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492 of 971 to fill these gaps and that the SCC estimates used for regulatory anal ys is by

the Federal government will continue to evolve with improvements in modeling. Additional details on these limitations are discussed in the SCC TSD. We received several comments regarding the SCC estimates used to anal yz e the proposed standards. In particular, these commenters discussed the incomplete treatment of impacts as well as discount rate selection. EPA has reviewed these comments in detail and responded to them in the EPA Response to Comments Document for the Joint Rulemaking. As noted in that document , the U.S. government intends to revise these estimates, taking into account new research findings that were not included in the first round , and has set a preliminary goal of revisiting the SCC values in the next few years or at such time as substantially updated models become availa ble, and to continue to support research in this area. The EPA Response to Comments Document for the Joint Rulemaking discusses ongoing research in greater detail. Applying the global SCC estimates, shown in Table VIII - 14 , to the estimated domestic reductions in CO 2 emissions under this final program , we estimate the dollar value of the climate related benefits for each analysis year. For internal consistency, the annual benefits are discounted back to net present value terms using the same discount rate as each SCC estimate ( i.e., 5%, 3%, and 2.5%) rather than 3% and 7%. 514 These estimates are provided in Table VIII - 15 .

**Table VIII**  **- 14**  **: Social Cost of CO 2**  **, 201 2** 
**– 2050**  **a (in 200**  **9 dollars**  **per Metric Ton )**  Year Discount Rate and Statistic

5% Average 3% Average 2.5% Average 3% 95th Percentile **2012** $5.28 $23.06 $37.53 $70.14 **2015** $5.93 $24.58 $39.57 $75.03 **2020** $7.01 $27.10 $42.98 $83.17 **2025** $8.53 $30.43 $47.28 $93.11 **2030** $10.05 $33.75 $51.58 $103.06 **2035** $11.57 $37.08 $55.88 $113.00 **2040** $13.09 $40.40 $60.19 $122.95 **2045** $14.63 $43.34 $63.59 $131.66 **2050** $16.18 $46.27 $66.99 $140.37 Note: a The SCC values are dollar - year and emissions - year specific.

514 It is possible that othe r benefits or costs of final regulations unrelated to CO 2 emissions will be discounted at rates that differ from those used to develop the SCC estimates.***** E.O. 12866 Review**
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493 of 971 **Table VIII**  **- 15**  **: Monetized CO**  **2 Benefits of**  **Vehicle Program**  **, CO 2**  **Em issions**  **a (Million 200**  **9 $)**  YEAR CO 2

EMISSIONS REDUCTIO N (MMT) BENEFITS

Avg SCC at 5% ($5 - $16) a Avg SCC at

3% ($23 - $46) a Avg SCC at

2.5% ($38 - $67) a 95 th

percentile SCC at 3% ($70 - $140) a 2020 37.7 $264 $1,021 $1,619 $3,133 2030 73.1 $734 $2,467 $3,770 $7,532 2040 90.3 $1,182 $3,650 $5,437 $11,108 2050 103.9 $1,682 $4,810 $6,963 $14,590 Net Present Value b $9,045 $46,070 $78,037 $140,432 Notes : a Except for the last row (net present value), the SCC values are dollar - year and emissions - year specific . b Net present value of reduced CO 2 emissions is calculated differently from other benefits. The same discount rate used to discount the value of damages from future emissions (SCC at 5, 3, 2.5 percent) is used to c alculate net present value of SCC for internal consistency. Refer to the SCC TSD for more detail. 

### H. **Non -**  **GHG Health and Environmental Impacts** This section presents EPA’s anal ys is of the non - GHG health and environmental impacts that can be expected to occur as a result of the HD National Program . GHG emissions are predominantly the b yproduct of fossil fuel combustion processes that also produce criteria and hazardous air pollutants. The vehicles that are subject to the standards are also significant sources of mobile source air pollution such as direct PM, NO X , VOCs and air toxics. The standards will affect exhaust emissions of these pollutants from vehicles. They will also affect emissions from upstream sources related to changes in fuel consumption. Changes in ambient ozone, PM 2.5 , and air toxics that will result from the standards are expected to affect human health in the form of premature deaths and other serious human health effects, as well as other important public health and welfare effects. As many commenters noted, it is important to quantify the health and environmental impacts associated with the final rules because a failure to adequatel y consider these ancillary co - pollutant impacts could lead to an incorrect assessment of their net costs and benefits. Moreover, co - pollutant impacts tend to accrue in the near term, while an y effects from reduced climate change mostl y accrue over a time frame of several decades or longer. This section is organized as follows : the first presents the PM - and ozone - related health and environmental impacts associated with final program in calendar year (CY) 2030 ; the second discusses the related co - benefits associated with the model year (MY) anal ys is of the program . 515

515 EPA typically analyzes rule impacts (emissions, air quality, costs and benefits) in the year in whic h they occur; for this analysis, we selected 2030 as a representative future year. We refer to this analysis as the***** E.O. 12866 Review**
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494 of 971 **(1) Quantified**  **and Monetized Non -**  **GHG Human He alth Benefits**  **of the 2030 Calendar Year Analysis**  This analy sis reflects the impact of the HD National Program in 2030 compared to a future - ye ar reference scenario without the program in place. 516 Overall, we estimate that the final rule s will lead to a net decrease in PM 2.5 - related health impacts . S ee Section VII. D of this preamble for more information about the air quality modeling results. While the PM - related air quality impacts are relatively

small, the decrease in population weighted national average P M 2.5 exposure results in a net decrease in adverse PM - related human health impacts (the decrease in national population - weighted annual average PM 2.5 is 0.00 5 μg/m 3 ). The air qualit y modeling also projects decreases in ozone concentrations in many areas. While the ozone - related impacts are relatively small, the de crease in population weighted national average ozone exposure results in a net decrease in ozone - related health impacts (population - weighted maximum 8 - hour average ozone de creases b y 0. 164 ppb). We base our analy sis of the program’s impact on human health in 2030 on peer reviewed studies of air quality and human health effects. 517 , 518 These methods are described in more detail in the RIA that accompanies this action . Our benefits methods are also c onsistent with recent rulemaking anal ys es such as the final Transport Rule, 519 the light - dut y 2012 - 2016 MY v ehicle r ule, 520 and the final Portland Cement National Emissions Standards for Hazardou s Air Pollutants (NESHAP) RIA. 521 To model the “Calendar Year” (CY) analysis. EPA also conducted a separate analysis of the impacts over the model year lifetimes of the 2012 through 201 6 model year vehicles. We refer to this analysis as the “Model Year” (MY) analysis. In contrast to the CY analysis, the MY lifetime analysis shows the lifetime impacts of the program on each of these MY fleets over the course of its lifetime. 516 The futur e - year reference scenario to which the program impacts are compared in this section assumes no future gains in mpg (a “flat” scenario). For the final rulemaking, the agencies have also conducted a sensitivity analysis relative to the baseline assumptions. Th e alternative baseline assumes annual mp g projections , in the absence of the program, which were developed by the U.S. Energy Information Ad ministration (EIA) for the Annual Energy Outlook (AEO). A description of the alternative baseline can be found i n RIA Chapter 6. Due to time and resource constraints, EPA was unable to conduct full - scale photochemical air quality modeling to reflect the final rule impacts relative to this alternative baseline. 517 U.S. Environmental Protection Agency. (2006). Final Regulatory Impact Analysis (RIA) for the Proposed National Ambient Air Quality Standards for Particulate Matter . Prepared by: Office of Air and Radiation. Retrieved March, 26, 2009 at http://www.epa.gov/ttn/ecas/ria.html 518 U.S. Environmental Protection A gency. (2008). Final Ozone NAAQS Regulatory Impact Analysis . Prepared by: Office of Air and Radiation, Office of Air Quality Planning and Standards. Retrieved March, 26, 2009 at http://www.epa.gov/ttn/ecas/ria.html 519 Final Federal Implementation Plans to Reduce Interstate Transport of Fine Particulate Matter and Ozone. Signed July 6, 2011. Available at http://epa.gov/airtransport/ 520 U.S. Environmental Protection Agency. (2010). Regulatory Impact Analysis : Final Rulemaking to Establish Light - Duty Vehicle Greenhouse Gas Emission Standards and Corporate Average Fuel Economy Standards , EPA - 420 - R - 10 - 009, April 2010. Available on the internet : http://www.epa.gov/otaq/climate/regulations/420r10009.pdf 521 U.S. Environmental Protec tion Agency (U.S. EPA). 2 010 . Regulatory Impact Analysis: National Emission Standards for Hazardous Air Pollutants from the Portland Cement Manufacturing Industry. Office of Air Quality Planning and Standards, Research Triangle Park, NC. Augues . Available on the***** E.O. 12866 Review**
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495 of 971 ozone and PM air qu ality impacts of this final action , we used the Community Multiscale Air Qu ality

(CMAQ) model (see Chapter 8.2.2 of the RIA that accompanies this preamble ). The modeled ambient air quality data serves as an input to the Environmental Benefits Mapping and Analy sis Program version 4.0 (BenMAP). 522 BenMAP is a computer program developed by the U.S. EPA that integrates a number of the modeling elements used in previous analy ses (e.g., interpolation functions, population projections, health impact functions, valuation functions, analy sis and pooling methods) to translate modeled air concentration estimates into health effects incidence estimates and monetized benefits estimates. The range of total monetized ozone - and PM - related health impacts is presented in Table VIII - 16 . We present total benefits based on the PM - and ozone - related premature mortality

function used. The benefits ranges therefore reflect the addition of each estimate of ozone - related premature mortality ( each with its own row in Table VIII - 16 ) to estimates of PM - related premature mortality . These estimates represent EPA’s preferred approach to characterizing a best estimate of benefits. As is the nature of Regulatory

Impact Analy ses (RIAs), the assumptions and methods used to estimate air quality benefits evolve to reflect the a gency ’s most current interpretation of the scientific and economic literatur e. **Table VIII**  **- 16**  **: Estimated 2030 Monetized PM**  **- and Ozone**  **- Related Health Benefits**  **a** 2030 Total Ozone and PM Benefits

– PM Mortality Derived from American Cancer Society Analysis and Six - Cities Analysis a Premature Ozone Mortality Function Reference Total Benefits ( B illions , 200 9 $, 3% Discount Rate) b, c Total Benefits ( B illions , 200 9 $, 7% Discount Rate) b, c Multi - city analyses Bell et al., 2004 Total: $1.3 - $2.4 PM: $0.74 - $1.8 Ozone: $0.55 Total: $1.2 - $2.2 PM: $0.67 - $1.6 Ozone: $0.55 Huang et al., 2005 Total: $1.6 - $2.7 PM: $0.74 - $1.8 Ozone: $0.91 Total: $1.6 - $2.5 PM: $0.67 - $1.6 Ozone: $0.91 Schwartz, 2005 Total: $1.6 - $2.6 PM: $0.74 - $1.8 Ozone: $0.83 Total: $1.5 - $2.5 PM: $0.67 - $1.6 Ozone: $0.83 Meta - analyses Bell et al., 2005 Total: $2.4 - $3.5 PM: $0.74 - $1.8 Ozone: $1.7 Total: $2.4 - $3.3 PM: $0.67 - $1.6 Ozone: $1.7 Ito et al., 2005 Total: $3.1 - $4.2 PM: $0.74 - $1.8 Ozone: $2.4 Total: $3.0 - $4.0 PM: $0.67 - $1.6 Ozone: $2.4 Levy et al., 2005 Total: $3.1 - $4.2 PM: $0.74 - $1.8 Ozone: $2.4 Total: $3.1 - $4.0 PM: $0.67 - $1.6 Ozone: $2.4 Notes: Internet at < http://www.epa.gov/ttn/ecas/regdata/RIAs/portlandcementfinalria.pdf >. EPA - HQ - OAR - 2009 - 0472 - 0241 522 Information on BenMAP, including downloads of the software, can be found at http://www.epa.gov/ttn/ecas/ benmodels.html.***** E.O. 12866 Review**
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496 of 971 a Total includes premature mortality - related and morbidity - related ozone and PM 2.5 benefits. Range was developed by adding the estimate from the ozone premature mortality function to the estimate of PM 2.5 - related premature mortality derived from either the ACS study (Pope et al., 2002) or the Six - Cities study (Laden et al., 2006). b Note that total benefits presented here do not include a number of unquantified benefits categories. A detailed listing of unquantified health and welfar e effects is provided in Table VIII - 17 . c Results reflect the use of both a 3 and 7 percent discount rate, as recommended by EPA’s Guidelines for Preparing Economic Analyses and OMB Circular A - 4. Results are rounded to two significant digits for ease of presentation and computation. The benefits in Table VIII - 16 include all of the human health impacts we are able to quantify

and monetize at this time. However, the full complement of human health and welfare effects associated with PM and ozone remain unquantified bec ause of current limitations in methods or available data. We have not quantified a number of known or suspected health effects linked with ozone and PM for which appropriate health impact functions are not available or which do not provide easil y interpre table outcomes ( e.g., changes in heart rate variability). Additionally , we are unable to quantify a number of known welfare effects, including reduced acid and particulate deposition damage to cultural monuments and other materials, and environmental bene fits due to reductions of impacts of eutrophication in coastal areas. The se are listed in Table VIII - 17 . As a result, the health benefits quantified in this section are likely underestimates of the total benefits attributable to th is final action .

**Table VIII**  **- 17**  **: Unquantified and Non**  **- Monetized Potential Effects**  Pollutant/Effects Effects Not Included in Analysis - Changes in: Ozone Health a Chronic respiratory damage b

Premature aging of the lungs b Non - asthma respiratory emergency room visits Exposure to UVb (+/ - ) e Ozone Welfare Yields for

- commercial forests

- som e fruits and vegetables

- non - commercial crops Damage to urban ornamental plants Impacts on recreational demand from damaged forest aesthetics Ecosystem functions Exposure to UVb (+/ - ) e PM Health c Premature mortality - short term exposures d

Low birth weight Pulmonary function Chronic respiratory diseases other than chronic bronchitis Non - asthma respiratory emergency room visits Exposure to UVb (+/ - ) e PM Welfare Residential and recreational visibility in non - Class I areas

Soiling and materials damage Damage to ecosystem functions Exposure to UVb (+/ - ) e***** E.O. 12866 Review**
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497 of 971 Nitrogen and Sulfate Deposition Welfare Commercial forests due to acidic sulfate and nitrate deposition

Commercial freshwater fishing due to acidic deposition Recreation in terrestrial ecosystems due to acidic deposition Existence values for currently healthy ecosystems Commercial fishing, agriculture, and forests due to nitrogen deposition Recreation in estuarine ecosystems due to nitrogen deposition Ecosystem functions Passive fertilization CO Health Behavioral effects HC/Toxics Health f Cancer (benzene, 1,3 -butadiene, formaldehyde, acetaldehyde)

Anemia (benzene) Disruption of production of blood components (benzene) Reduction in the number of blood platelets (benzene) Excessive bone marrow formation (benzene) De pression of lymphocyte counts (benzene) Reproductive and developmental effects (1,3 -butadiene) Irritation of eyes and mucus membranes (formaldehyde) Respiratory irritation (formaldehyde) Asthma attacks in asthmatics (formaldehyde) Asthma - like symptoms in n on - asthmatics (formaldehyde) Irritation of the eyes, skin, and respiratory tract (acetaldehyde) Upper respiratory tract irritation and congestion (acrolein) HC/Toxics Welfare Direct toxic effects to animals

Bioaccumulation in the food chain Damage to ecosystem function Odor Notes: a The public health impact of biological responses such as increased airw ay responsiveness to stimuli, inflammation in the lung, acute inflammation and respiratory cell damage, and increased susceptibility to respiratory infection are likely partially repre sented by our quantified endpoints. b The public health impact of effects such as chronic respiratory damage and premature aging of the lungs may be partially represented by quantified endpoints such as hospital admissions or premature mortality, but a num ber of other related health impacts, such as doctor visits and decreased athletic performance, remain unquantified. c In addition to primary economic endpoints, there are a number of biological responses that have been associated with PM health effects inc luding morphological changes and altered host defense mechanisms. The public health impact of these biological responses may be partly represented by our quantified endpoints. d While some of the effects of short - term exposures are likely to be captured i n the estimates, there may be premature mortality due to short - term exposure to PM not captured in the cohort studies used in this analysis. However, the PM mortality results derived from the expert elicitation do take into account premature mortality eff

ects of short term exposures. e May result in benefits or disbenefits. f Many of the key hydrocarbons related to this action are also hazardous air pollutants listed in the CAA. While there will be impacts associated with air toxic pollutant emission changes that result from th is final action , we do not attempt to monetize those impacts. This is primarily because currently

available tools and methods to assess air toxics risk from mobile sources at the national scale are not adequate for extrapolation to incidence estimations or benefits assessment. The best suite of tools and methods currently***** E.O. 12866 Review**
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498 of 971 available for assessment at the national scale are those used in the National - Scale Air Toxics Assessment (NATA). The EPA Science Advisory Board specifically commented in their review of the 1996 NATA that these tools were not yet read y for use in a national - scale benefits analy sis, because they did not consider the full distribution of exposure and risk, or address sub - chronic health effects. 523 While EPA has s ince improved the se tools, there remain critical limitations for estimating incidence and assessing benefits of reducing mobile source air toxics. As part of the second prospective anal ys is of the benefits and costs of the Clean Air Act , 524 EPA conducted a case stud y anal ys is of the health effects associated with reducing exposure to benzene in Houston from implementation of the Clean Air Act . While reviewing the draft report, EPA’s Advisory Council on Clean Air Compliance Analy sis concluded that “the chall enges for assessing progress in health improvement as a result of reductions in emissions of hazardous air pollutants (HAPs) are daunting...due to a lack of exposure - response functions, uncertainties in emissions inventories and background levels, the diff iculty of extrapolating risk estimates to low doses and the challenges of tracking health progress for diseases, such as cancer, that have long latency periods .” 525 EPA continues to work to address these limitations; however, we did not have the methods and tools available for national - scale application in time for the anal ys is of the final action . 526 EPA is also unaware of specific information identifying an y effects on listed endangered species from the small fluctuations in pollutant concentrations associated with this program (see Section VII.D ). Furthermore, our current modeling tools are not designed to trace fluctuations in ambient concentration levels to potential impacts on particular endangered species. (a ) Quantified Human Health Impacts Table VIII - 18 and Table VIII - 19 present the annual PM 2.5 and ozone health imp acts , respectivel y, in the 48 contiguous U.S. states associated with the HD National Program for 2030. For each endpoint presented in Table VIII - 18 and Table VIII - 19 , we provide both the mean estimate and the 90% confidence interval. 523 Science Advisory Board. 2001. NATA

– Evaluating the National - Scale Air Toxics Assessment for 1996

– an SAB Advisory. http://www.epa.gov/ttn/atw/sab/sabrev.html. 524 U.S. Environmental Pro tection Agency (U.S. EPA). 2011 . The Benefits and Costs of the Clea n Air Act from 1990 to 2020 . Office of Air and Radiation, Washington, DC. March. Available on the Internet at <http://www.epa.gov/air/sect812/feb11/fullreport.pdf>. 525 U.S. Environmental Protection Agency

— Science Advisory Board (U.S. EPA - SAB). 2008. Benefits of Reducing Benzene Emissions in Houston, 1990

–2020 . EPA - COUNCIL - 08 - 001. July. Available at <http://yosemite.epa.gov/sab/sabproduct.nsf/D4D7EC9DAEDA8A548525748600728A83/$File/EPA COUNCIL - 08 - 001 - unsigned.pdf>. 526 In April, 2009, EPA hosted a worksho p on estimating the benefits or reducing hazardous air pollutants. This workshop built upon the work accomplished in the June 2000 Science Advisory Board/EPA Workshop on the Benefits of Reductions in Exposure to Hazardous Air Pollutants, which generated thoughtful discussion on approaches to estimating human health benefits from reductions in air toxics exposure, but no consensus was reached on methods that could be implemented in the near term for a broad selection of air toxics. Please visit http://epa. gov/air/toxicair/2009workshop.html for more information about the workshop and its associated materials.***** E.O. 12866 Review**
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499 of 971 Using EPA’s preferred estimates, based on the A merican Cancer Societ y (ACS) and Six - Cities stud ies and no threshold assumption in the model of mortality , we estimate that the final rules will result in between 78 and 200 cases of avoided PM 2.5 - related premature mortalities annually in 2030. As a sensitivity analy sis, when the range of expert opinio n is used, we estimate between 26 and 260 fewer premature mortalities in 2030 (see Table 8 - 14 in the RIA that accompanies this action). For ozone - related premature mortality in 2030 , we estimate a range of between 54 to 240 fewer premature mortalities . **Table VIII**  **- 18**  **: Estimated PM**  **2.5 -**  **Related Health Impacts a**  Health Effect 2030 Annual Reduction in Incidence (5 th % - 95 th %ile) Premature Mortality

– Derived from epidemiology literature b Adult, age 30+, ACS Coho rt Study (Pope et al., 2002) Adult, age 25+, Six - Cities Study (Laden et al., 2006) Infant, age <1 year (Woodruff et al., 1997) 7 8 ( 30

– 1 30 ) 200 ( 110

– 290 ) 0 (0

– 1 ) Chronic bronchitis (adult, age 26 and over) 53 ( 1 0

– 97 ) Non - fatal myocardial infarction (adult, age 18 and over) 1 50 ( 54

– 240 ) Hospital admissions - respiratory (all ages) c 2 0 (1 0

– 3 0 ) Hospital admissions - cardiovascular (adults, age >18) d 4 5 ( 3 2

– 52 ) Emergency room visits for asthma (age 18 years and younger) 8 1 ( 48

– 1 20 ) Acute bronchitis, (children, age 8 - 12) 130 (0

– 270 ) Lower respiratory symptoms (children, age 7 - 14) 1,600 ( 750

– 2,400 ) Upper respiratory symptoms (asthmatic children, age 9 - 18) 1,200 ( 370

– 2,000 ) Asthma exacerbation (asthmatic children, age 6 - 18) 1,400 (1 60

– 4,0 00) Work loss days 9,7 00 ( 8,5 00

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500 of 971 Minor restricted activity days (adults age 18 - 65) 57 ,000 ( 48,0 00

– 66 ,000) Notes: a Incidence is rounded to two significant digits. Estimates represent incidence within the 48 contiguous United States. b PM - related adult mortality based upon the American Cancer Society (ACS) Cohort Study (Pope et al., 2002) and the Six - Cities Study (Lade n et al., 2006). Note that these are two alternative estimates of adult mortality and should not be summed. PM - related infant mortality based upon a study by Woodruff, Grillo, and Schoendorf, (1997). 527 c Respiratory hospital admissions for PM include admi ssions for chronic obstructive pulmonary disease (COPD), pneumonia and asthma. d Cardiovascular hospital admissions for PM include total cardiovascular and subcategories for ischemic heart disease, dysrhythmias, and heart failure.

**Table VIII**  **- 19**  **: Estimated**  **Ozone -**  **Related Health Im pacts**  **a** Health Effect 2030 Annual Reduction in Incidence (5th% - 95th%ile) Premature Mortality, All ages b Multi - City Analyses Bell et al. (2004)

– Non - accidental Huang et al. (2005)

– Cardiopulmonary Schwartz (2005)

– Non - accidental Meta - analyses: Bell et al. (2005)

– All cause It o et al. (2005)

– Non - accidental Levy et al. (2005)

– All cause 5 4 (2 3

– 84 ) 90 ( 43

– 140 ) 82 ( 34

– 130 ) 1 70 ( 96

– 250 ) 240 (1 60

– 320 ) 240 (1 80

– 310 ) Hospital admissions - respiratory causes (adult, 65 and older)c 510 ( 69

– 870 ) Hospital admissions - respiratory causes (children, under 2) 3 20 (1 60

– 470 ) Emergency room visit for asthma (all ages) 230 (0

– 630 ) Minor restricted activity days (adults, age 18 - 65) 300 ,000 ( 150 ,000

– 450 ,000) School absence days 1 20,000 ( 52,0 00

– 170 ,000 Notes: a Incidence is rounded to two significant digits. Estimates represent incidence within the 48 contiguous U.S . b Estimates of ozone - related premature mortality are based upon incidence estimates derived from 527 Woodruff, T.J., J. Grillo, and K.C. Schoendorf. 1997. “The Relationship Between Selected Causes of Postneonatal Infant Mortality and Particulate Ai r Pollution in the United States.” Environmental Health Perspectives 105(6):608 - 612.***** E.O. 12866 Review**
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501 of 971 several alternative studies: Bell et al. (2004); Huang et al. (2005); Schwartz (2005) ; Bell et al. (2005); Ito et al. (2005); Levy et al. (2005). The estimate s of ozone - related premature mortality should therefore not be summed. c Respiratory hospital admissions for ozone include admissions for all respiratory causes and subcategories for COPD and pneumonia. (b ) Monetized Benefits Table VIII - 20 presents the estimated monetary value of changes in the incidence of ozone and PM 2.5 - related health effects. All monetized estimates are stated in 2009 $ . These estimates account for growth in real gross domestic product (GDP) per capita between the present and 2030. Our estimate of total monetized benefits in 203 0 for the program , using the ACS and Six - Cities PM mortality studies and the range of ozone mortality assumptions, is betwee n $1.3 and $4.2 b illion, assuming a 3 percent discount rate, or between $1.2 and $4.0 billion , assuming a 7 percent discount rate. **Table VIII**  **- 20**  **: Estimated Monetary Value of Changes in Incidence of Health and Welfare Effects**  **in 2030**  **( M**  **illions of 2009$) a,b**  **PM 2.5**  **- Related Health Effect**  **(5 th**  **and 95 th**  **%ile)** Premature Mortality

– Derived from Epidemiology Studies c,d, Adult, age 30+ - ACS study (Pope et al., 2002) 3% discount rate 7% discount rate $ 680 ($ 87 - $ 1,800 ) $ 620 ($ 79 - $ 1,600 ) Adult, age 25+ - Six - Cities study (Laden et al., 2006) 3% discount rate 7% discount rate $ 1,800 ($2 5 0 - $ 4,300 ) $ 1,600 ($ 220 - $ 3,900 ) Infant Mortality, <1 year

– (Woodruff et al. 1997) $ 2.5 ($0 - $ 9.4 ) Chronic bronchitis (adults, 26 and over) $ 29 ($ 2.4 - $ 9 6) Non - fatal acute myocardial infarctions 3% discount rate 7% discount rate $1 6 ($ 3.7 - $ 38 ) $ 16 ($ 3.4 - $ 38 ) Hospital admissions for respiratory causes $0.3 1 ($0. 15 - $0. 4 5)***** E.O. 12866 Review**
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502 of 971 Hospital admissions for cardiovascular causes $ 1.3 ($0. 83 - $ 1.8 ) Emergency room visits for asthma $0.0 3 ($0.02 - $0.0 5 ) Acute bronchitis (children, age 8

– 12) $0.01 ($0 - $0.03) Lower respiratory symptoms (children, 7

– 14) $0.0 3 ($0.0 1 - $0.0 6 ) Upper respiratory symptoms (asthma, 9

– 11) $0.0 4 ($0.0 1 - $0.0 8 ) Asthma exacerbations $0.0 8 ($0 .009 - $0. 23 ) Work loss days $ 1.6 ($ 1.4 - $ 1.8 ) Minor restricted - activity days (MRADs) $ 3.6 ($ 2.1 - $ 5.2 ) **Ozone -**  **related Health Effect** Premature Mortality, All ages

– Derived from Multi - city analyses Bell et al., 2004 $ 520 ($ 69 - $ 1,300 ) Huang et al., 2005 $ 880 ($ 120 - $ 2,200 ) Schwartz, 2005 $ 800 ($ 100 - $ 2,000 ) Premature Mortality, All ages

– Derived from Meta - analyses Bell et al., 2005 $ 1,700 ($ 240 - $ 4,100 ) It o et al., 2005 $ 2,300 ($ 350 - $ 5,500 ) Levy et al., 2005 $ 2,400 ($ 350 - $ 5,500 ) Hospital admissions - respiratory causes (adult, 65 and older) $ 13 ($ 1.7 - $ 22 ) Hospital admissions - respiratory causes (children, under 2) $ 3.4 ($ 1.8 - $ 5.0 ) Emergency room visit for asthma (all ages) $ 0.09 ($0 - $0. 2 3) Minor restricted activity days (adults, age 18 - 65) $ 19 ($ 8.6 - $ 32 ) School absence days $ 11 ($ 5.0 - $ 16 ) Notes: a Monetary benefits are rounded to two significant digits for ease of presentation and computation. PM and ozone benefits are nationwide. b Monetary benefits adjusted to account for growth in real GDP per capita betw een 1990 and the analysis year (2030) . c Valuation assumes discounting over the SAB recommended 20 year segmented lag structure. Results reflect the use of 3 percent and 7 percent discount rates consistent with EPA and OMB guidelines for preparing economic analyses.***** E.O. 12866 Review**
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503 of 971 (c) What Are the Limitations of the Benefits Analysis? Every benefit - cost analy sis examining the potential effects of a change in environmental protection requirements is limited to some extent by data gaps, limitations in model capabilities (such as geographic coverage), and uncertai nties in the underl yi ng scientific and economic studies used to configure the benefit and cost models. Limitations of the scientific literature often result in the inability to estimate quantitative changes in health and environmental effects, such as pot ential decreases in premature mortality associated with decreased exposure to carbon monoxide. Deficiencies in the economics literature often result in the inability to assign economic values even to those health and environmental outcomes which can be qu antified. These general uncertainties in the underlying scientific and economics literature, which can lead to valuations that are higher or lower, are discussed in detail in the RIA and its supporting references. Key uncertainties that have a bearing on the results of the benefit - cost anal ys is of the final rules include the following:
 The exclusion of potentially significant and unquantified benefit categories (such as health, odor, and ecological benefits of reduction in air toxics, ozone, and PM);  Error s in measurement and projection for variables such as population growth;  Uncertainties in the estimation of future ye ar emissions inventories and air quality ;  Uncertaint y in the estimated relationships of health and welfare effects to changes in pollutant concentrations including the shape of the C - R function, the size of the effect estimates, and the relative toxicity of the many

components of the PM mixture;  Uncertainties in exposure estimation; and  Uncertainties associated with the effect of potential future actions to limit emissions. As Table V III - 20 indicates, total benefits are driven primaril y b y the reduction in premature mortalities each year. Some key assumptions underlying the premature mortality estimates include the following, which may also contribute to uncertaint y:  Inhalation of fine particles is causally associated with premature death at concentrations near those experienced b y most Americans on a daily basis. Although biological mechanisms for this effect have not yetbeen completel y e stablished, the weight of the available epidemiological, toxicological, and experimental evidence supports an assumption of causalit y. The impacts of including a probabilistic representation of causality were explored in the expert elicitation - based resul ts of the PM NAAQS RIA.  All fine particles, regardless of their chemical composition, are equall y potent in causing premature mortality . This is an important assumption, because PM produced via transported precursors emitted from heav y - duty engines may differ significantly from PM precursors released from electric generating units and other industrial sources. However, no clear scientific grounds exist for supporting differential effects estimates by

particle t ype.  The C - R function for fine particles is approximately linear within the range of ambient concentrations under consideration. Thus, the estimates include health***** E.O. 12866 Review**
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504 of 971 benefits from reducing fine particles in areas with varied concentrations of PM, including both regions that may be in attainment with PM 2.5 standards and those that are at risk of not meeting the standards.  There is uncertaint y in the magnitude of the association between ozone and premature mortality . The range of ozone benefits associated with the coordinated strategy is estimated bas ed on the risk of several sources of ozone - related mortalit y effect estimates. In a report on the estimation of ozone - related premature mortality published by

the National Research Council, a panel of experts and reviewers concluded that short - term exposure to ambient ozone is likely to contribute to premature deaths and that ozone - related mortalit y should be included in estimates of the health benefits of reducing ozone exposure. 528 EPA has requested advice from the National Academ y of Sciences on how best to quantify uncertaint y in the relationship between ozone exposure and premature mortality in the context of quantifying benefits. Despite the uncertainties described above, we be lieve this anal ys is provides a conservative estimate of the estimated non - GHG health and environmental benefits of the standards in future ye ars because of the exclusion of potentially significant benefit categories that are not quantifiable at this time. Acknowledging benefits omissions and uncertainties, we present a best estimate of the total benefits based on our interpretation of the best available scientific literature and methods supported by EPA’s technical peer review panel, the Science Advisory B oard’s Health Effects Subcommittee (SAB - HES). The National Academies of Science (NRC, 2002) has also reviewed EPA’s methodology for anal yz ing the health benefits of measures taken to reduce air pollution. EPA addressed man y of these comments in the anal y sis of the final PM NAAQS. 529 , 530 This anal ys is incorporates this work to the extent possible. **(2) Non**  **- GHG Human Health Benefits**  **of the Model Year (MY) Analysis** As described in Section VII , the final standards will reduce emissions of several criteria and toxic pollutants and precursors. EPA ty picall y anal yz es rule impacts (emissions, air quality , costs and benefits) in the year in which they occur; for the anal ys is of non - GHG ambient air quality and health impacts, we selected 2030 as a representative future y ear since resource and time constraints precluded EPA from considering multiple calendar years. We refer to this analysis as the “Calendar Year” (CY) anal ys is because the benefits of the program reflect impacts across all regulated vehicles in a calendar ye ar. EPA also conducted a separate anal ys is of the impacts over the model year lifetimes of the 2014 through 2018 model year vehicles. We refer to this analy sis as the
528 National Research Council (NRC), 2008. Estimating Mortality Risk Reduction and Economic Benefits from Controlling Ozone Air Pollution. The National Academies Press: W ashington, D.C. 529 National Research Council (NRC). 2002. Estimating the Public Health Benefits of Proposed Air Pollution Regulations. The National Academies Press: Washington, D.C. 530 U.S. Environmental Protection Agency. October 2006. Final Regulatory Im pact Analysis (RIA) for the Proposed National Ambient Air Quality Standards for Particulate Matter . Prepared by: Office of Air and Radiation. Available at http ://www.epa.gov/ttn/ecas/ria.html.***** E.O. 12866 Review**
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505 of 971 “Model Year” (MY) analy sis ( See Chapter 6 of the RIA that accompanies this preamble) . In contrast to the CY analy sis, the MY analy sis estimates the impacts of the program on each MY fleet over the course of its lifetime. Due to analy tical and resource limitations, however, MY non - GHG emissions (direct PM, VOCs , NO 2 and SO 2 ) were not est imated for this anal ys is. Because MY impacts are measured in relation to onl y the lifetime of a particular vehicle model year (2014, 2015, 2016, 2017, and 2018), and assumes no additional controls to model y ear vehicles beyond 2018, the impacts are smalle r than if the impacts of all regulated vehicles were considered. We therefore expect that the non GHG health - related benefits associated with the MY anal ys is will be smaller than those estimated for the CY analy sis, both in a given y ear (such as 2030) and in present value terms across a given time period (such as 2014

– 2050). 

### I. **Energy Security**  **Impacts** Th e HD National Program is designed to reduce fuel consumption and GHG emissions in medium and heav y - dut y (HD) vehicles, which will result i n improved fuel efficiency and , in turn, help to reduce U.S. petroleum imports. A reduction of U.S. petroleum imports reduces both financial and strategic risks caused b y potential sudden disruptions in the supply

of imported petroleum to the U.S. This reduction in risk is a measure of improved U.S. energy security . This section summarizes the agencies’ estimates of U.S. oil import reductions and energy securit y benefits of the final HD National Program . Additional discussion of this issue can be found in Chapter 9. 7 o f the RIA. **(1) Implications of Reduced Petroleum Use on U.S. Imports**  In 2008, U.S. petroleum import expenditures represented 21 percent of total U.S. imports of all goods and services. 531 In2008, the United States imported 66 percent of the petroleum it consum ed, and the transportation sector accounted for 70 percent of total U.S. petroleum consumption. This compares to approximately 37 percent of petroleum from imports and 55 percent of consumption from petroleum in the transportation sector in 1975. 532 Itis clear that petroleum imports have a significant impact on the U.S. econom y. Requiring lower GHG vehicle technology and fuel efficient technology in HD vehicles in the U.S. is expected to lower U.S. oil imports. EPA used the MOVES model to estimate the fue l savings due to this program. A detailed explanation of the MOVES model can be found in Chapter 5 of the RIA. Based on a detailed anal ysis of differences in fuel consumption, petroleum imports, and imports of refined petroleum products and crude oil usin g the Reference Case presented in the Energy Information Administration’s Annual Energy Outlook (AEO) 2011 Earl y Release , EPA and NHTSA estimate that approximately 50 percent of 531 Source: U.S. Bureau of Economic Analysis, U.S. Internationa l Transactions Accounts Data, as shown on June 24, 2009. 532 Source: U.S. Department of Energy, Annual Energy Revie w 2008, Report No. DOE/EIA - 0384(2008), Tables 5.1 and 5.13c, June 26, 2009.***** E.O. 12866 Review**
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506 of 971 the reduction in fuel consumption resulting from adopting improved GHG emissio ns standards and fuel efficiency standards is likel y to be reflected in reduced U.S. imports of refined fuel, while the remaining 50 percent is expected to be reflected in reduced domestic fuel refining . Of this latter figure, 90 percent is anticipated to reduce U.S. imports of crude petroleum for use as a refinery feedstock, while the remaining 10 percent is expected to reduce U.S. domestic production of crude petroleum. Thus , on balance, each gallon of fuel saved as a consequence of the HD GHG and fuel efficiency standards is anticipated to reduce total U.S. imports of petroleum by 0.95 gallons. 533 The agencies’ estimates of the reduction in U.S. oil imports from this program for selected ye ars, in millions of barrels per day , are presented in Table VIII - 21 below. These estimates assume that the fuel efficiency of HD vehicles remains constant in the baseline. **Table VIII**  **- 21**  **: U.S. Oil Import Reductions from the HD National Prog**  **ra m**  **for Selected Years (M**  **illions of**  **Barrels per Day, mmbd)** Year mmbd 2020 0.202 2030 0.393 2040 0.489 2050 0.566 **(2) Energy Security Implications**  In order to understand the energy securit y implications of reducing U.S. petroleum imports, EPA worked with Oak Ridge National Laboratory (ORNL), which has developed approaches for evaluating the economic costs and energy security implications of oil use. The energy security estimates provide d below are based upon a methodology

developed in a peer - reviewed study entitled ” The Energy Security Benefits of Reduced Oil Use, 2006 - 2015 , ” completed in March 2008. This study is included as part of the docket for this final action . 534 , 535 When conducting this analy sis, ORNL considered the full economic cost of importing petroleum into the United States. The economic cost of importing petroleum into the U.S. is defined to include two components in addition to the purchase price of petroleum itself. These are: (1) the higher costs for oil imports resulting from the effect of increasing U.S. import demand on the world oil price and on the market power of the O rganization of the Petroleum Exporting Countries (i.e., the “ demand ” or “ monopsony” costs); and (2) the risk of reductions in U.S. economic output and disruption of the U.S. econom y caused b y sudden disruptions in the supply of imported petroleum to the U. S. (i.e., macroeconomic disruption/adjustment costs). Maintaining a U.S. military presence 533 This figure is calculated as 0.50 + 0.50*0.9 = 0.50 + 0.45 = 0.95 . 534 Leiby, Paul N. , " Estimating the Energy Security Benefits of Reduced U.S. Oil Import s " Oak Ridge National Laboratory, ORNL/TM - 2007/028, Final Report, 2008. (Docket EPA - HQ - OAR - 2010 - 0162) 535 The ORNL study “ The Energy Security Benefits of Reduced Oil Use, 2006- 2015 ," completed in March 2008 , is an update version of the approach used for estimating the energy security benefits of U.S. oil im port reductions developed in an ORNL 1997 Report by Leiby, Paul N., Donald W. Jones, T. Randall Curlee, and Russell Lee , entitled “ Oil Imports: An Assessment of Benefits and Costs. " (Docket EPA - HQ OAR - 20 10 - 0162 )***** E.O. 12866 Review**
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507 of 971 to help secure stable oil supply from potentiall y vulnerable regions of the world was not included in this analy sis because its attribution to particular missions or activities is hard to quantify . For this action , ORNL estimated energy securit y premium s by

incorpor ating the most recent available AEO 2011 Earl y Release oil price forecasts and market trends. Energy security premiums fo r the years 2020, 2030, 2040, an d 2050 are presented in Table VIII - 22 , as well as a breakdown of the components of the energy security premium s for each of these years. 536 The components of the energy security premium s and their values are discussed in detail in Chapter 9. 7 of the RIA.

**Table VIII**  **- 22**  **: Energy Security Prem** **ium s in Selected Years (2009$/Barrel)**  Year (range) Monopsony Macroeconomic Disruption/Adjustment Costs Total Mid - Point 2020 $11.29

($3.86 - $21.32) $7.11 ($3.50 - $11.40) $18.41 ($9.70 - $28.94) 2030 $11.17

($3.92 - $20.58) $8.32 ($4.04 - $13.33) $19.49 ($10.49 - $29.63) 20 35 $10.56

($3.69 - $19.62) $8.71 ($3.86 - $14.35) $19.27 ($10.32 - $29.13) The literature on the energy securit y for the last two decades has routinel y combined the monopsony and the macroeconomic disruption components when calculating the total value of the energy securit y premium. However, in the cont ext of using a global SCC value, the question arises: how should the energy security premium be determined when a global perspective is taken? Monopsony benefits represent avoided pay

ments by the United States to oil producers in foreign countries that re sult from a decrease in the world oil price as the U.S. decreases its consumption of imported oil. Several commenters commented on the agencies’ energy securit y anal ys is of this program. The Conservative Law Foundation, Interfaith Care for Creation, Envi ronmental Defense Fund and American Lung Association (EDF/ALA) and R. Desjardin noted that the standards in this program will increase our national securit y b y decreasing U.S. dependence on foreign oil imports. The Competitive Enterprise Institute (CEI) f elt that there is no relationship between reduced U.S. oil imports and U.S. energy securit y; the commenter sees no relationship between reduced oil imports and, for example, the number of hijackings, bombings, and other terrorist - related activities that have occurred through time. CBD commented that the benefit of the reduction of military costs associated with maintaining a secure oil supply should be fully

accounted for, and EDF recommended a more extensive anal ys is of the external security costs of oil dependence. The agencies recognize that potential national and energy securit y risks exist due to the possibility

of tension over oil supplies. Much of the world’s oil and gas supplies 536 AEO 2011 forecasts energy market trends and values only to 2035. The energy security premium estimates post - 2035 were assumed to be the 2035 estimate.***** E.O. 12866 Review**
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508 of 971 are located in countries facing social, economic, and demographic ch allenges , thus making them even more vulnerable to potential local instability . For example, in 2010 just over 40 percent of world oil supply came from OPEC nations, and this share is not expected to decline in the AEO 2011 projections through 2030. Appro ximately 28 percent of global supply

is from Persian Gulf countries alone. As another measure of concentration, of the 137 countries/principalities that export either crude oil or refined petroleum product, the top 12 have recentl y accounted for over 55 p ercent of exports. 537 Eight of these countries are members of OPEC, and a 9th is Russia. 538 Ina market where even a 1 - 2 percent supply loss raises prices noticeably , and where a 10 percent supply loss could lead to a significant price shock, this regional concentration is of concern. Historically , the countries of the Middl e East have been the source of eight of the ten major world oil disruptions 539 with the 9 th originating in Venezuela, an OPEC member. Because of U.S. dependence on oil, the military could be called on to protect energy resources through such measures as securing shipping lanes from foreign oil fields. To maintain such military effectiveness and flexibility , the Department of Defense identified in the Quadrennial Defense Review that it is “increasing its use of renewable energy supplies and reducing energy demand to improve operational effectiveness, reduce greenhouse gas emissions in support of U.S. climate change initiatives, and protect the Department from energy price fluctuations.” 540 T he Department of the Nav y has also stated that the Navy and Marine Corps rely

far too much on petroleum, which “degrades the strategic position of our country and the tactical performance of our forces. The global supply

of oil is finite, it is becoming i ncreasingl y difficult to find and exploit, and over time cost continues to rise.” 541 In remarks given to the White House Energy Security Summit on April 26, 2011, Deputy Securit y of Defense William J. Lynn, III noted the direct impact of energy securit y on military

readiness and flexibility . According to Deputy Security L ynn, “ Today , energy

technology

remains a critical element of our military superiority . Addressing energy

needs must be a fundamental part of our military planning.” 542 Thus, to the degree to which the final rule s reduce reliance upon imported energy supplies or promotes the development of technologies that can be deployed by either consumers or the nation’s defense forces, the United States could expect benefits related to national securit y, reduced energy costs, and increased energy suppl y. Th e s e benefit s are wh y President Obama has identified this program as a key component for improving 537 Based o n data from the CIA, combining various recent years, https://www.cia.gov/library/publications/the - wo rld - factbook/rankorder/2176rank.html . 538 The other three ar e Norway, Canada, and the EU, an exporter of product. 539 IEA 2011 “IEA Response System for Oil Supply Emergencies” 540 U.S. Department of Defense. 2010. Quadrennial Defense Revie w Report. Secretary of Defense: Washington, D.C. 128 pages. 541 The Department of the Navy’s Energy Goals ( http://www.navy.mil/features/Navy_EnergySecurity.pdf ) (Last accessed May 31, 2011). 542 U.S. Department of Defense, Speech: Remarks at the White House Energy Security Summit. Tuesday, April 26, 2011. ( http://www.defense.gov/spe eches/speech.aspx?speechid=1556 ) (Last accessed May 31, 2011).***** E.O. 12866 Review**
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509 of 971 energy efficiency

and putting America on a path to reducing oil imports in the Blueprint for a Secure Energy

Future. 543 Although the agencies recognize that there clearl y is a benefit to the United States from reducing dependence on foreign oil, the agencies have been unable to calculate the monetary benefit that the United States will receive from the improvements in national securit y expected to result from this program . In contrast, the other portion of the energy securit y premium, the U.S. macroeconomic disruption and adjustment cost that arises from U.S. petroleum imports , is included in the energy sec urity benefits estimated for this program. To summarize, the agencies have included only the macroeconomic disruption portion of the energy

security benefits to estimate the monetary value of the total energy securit y benefits of this program. The agenci es have calculated energy security in very specific terms, as the reduction of both financial and strategic risks caused by potential sudden disruptions in the supply of imported petroleum to the U.S. Reducing the amount of oil imported reduces those risk s, and thus increases the nation’s energy securit y. Another commenter, citing Administration guidelines (OMB Circular A - 4) for conducting economic analy ses, felt that the agency should include the monopsony benefit as part of its overall costs and benefi ts anal ys is. After reviewing the guidelines cited by the commenter, the agencies have concluded that excluding the monopsony benefit from its overall costs and benefits analy sis continues to be appropriate when a global perspective is taken. However, the agencies recognize that the monopsony benefit has distributional impacts for the U.S., and continue to describe and discuss the monopsony benefit in this section of the Preamble. The t otal annual energy

securit y benefits for the final HD National Program are reported in Table VIII - 23 for the ye ars 2020, 2030, 2040 and 2050. **Table VIII**  **- 23**  **: Total Annual Energy Security Ben efits from** **the HD National Program**

**in 2020, 2030, 2040 and 2050 (Millions, 2009$)** Year Benefits 2020 $499 2030 $1,132 2040 $1,477 2050 $1,710 

### J. **Other Impacts (1)**  **Noise, Congestion and Accidents** Increased vehicle use associated with a positive rebound effect also contributes to increased traffic congestion, motor vehicle accidents, and highway noise. Depending on

543 The White House, Blueprint for a Secure Energy Future (March 30, 2011) ( http://www.whitehouse.gov/sites/default/files/blueprint_secure_energy_future.pdf ) (Last accessed May 27, 2011).***** E.O. 12866 Review**
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510 of 971 how the additional travel is distributed throughout the day and on where it takes place, additional vehicle use can contribute to tr affic congestion and delay s by increasing traffic volumes on facilities that are already heavil y traveled during peak periods. These added delay s impose higher costs on drivers and other vehicle occupants in the form of increased travel time and operating expenses, increased costs associated with traffic accidents, and increased traffic noise. Because drivers do not take these added costs into account in deciding when and where to travel, they must be accounted for separately as a cost of the added drivin g associated with the rebound effect. EPA and NHTSA rel y on estimates of congestion, accident, and noise costs caused b y pickup trucks and vans, single unit trucks, buses, and combination tractors developed b y the Federal Highway Administration to estimate the increased external costs caused b y added driving due to the rebound effect. 544 The Federal Highway Administration (FHWA) estimates are intended to measure the increases in costs from added congestion, property damages and injuries in traffic accidents, and noise levels caused b y various ty

pes of trucks that are borne by persons other than their drivers (or “marginal” external costs). EPA and NHTSA employ ed estimates from this source previously

in the anal ys is accompan yi ng the light - Duty 2012 - 16 MY vehi cle rule. The agencies continue to find them appropriate for this anal ys is after reviewing the procedures used b y FHWA to develop them and considering other available estimates of these values. FHWA’s congestion cost estimates for trucks, which are weighted averages based on the estimated fractions of peak and off - peak freeway

travel for each class of trucks, alread y account for the fact that trucks make up a smaller fraction of peak period traffic on congested roads because they try to avoid peak period s when possible. FHWA’s congestion cost estimates focus on freeway s because non - freeway effects are less serious due to lower traffic volumes and opportunities to re - route around the congestion. The agencies, however, applied the congestion cost to the o verall VMT increase, though the fraction of VMT on each road ty pe used in MOVES range from 27 to 29 percent of the vehicle miles on freeways for vocational vehicles and 53 percent for combination tractors. The results of this analy sis potentiall y overesti mate the costs and provide a conservative estimate. The agencies are using FHWA’s “Middle” estimates for marginal congestion, accident, and noise costs caused b y increased travel from trucks . This approach is consistent with the current methodology used in the L ight - Duty

GHG rulemaking anal ys is. These costs are multiplied by the annual increases in vehicle miles travelled from the positive rebound effect to yield the estimated cost increases resulting from in creased congestion, accident s , and noise duri ng each future ye ar. The values the agencies used to calculate these increased costs are included in Table VI II - 24 .

544 These estimates were developed by FHWA for use in its 1997 Federal Highway Cost Allocation Study ; See http://www.fhwa.dot.gov/policy/hcas/final/index.htm (last accessed July 21, 2010 ).***** E.O. 12866 Review**
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511 of 971 **Table VIII**  **- 24**  **: Noise, Accident, and Congestion Costs per Mile (2009$)**  External Costs Pickup T ruck s and

V ans ($/VMT) V ocational

V ehicles ($/VMT) C ombination

T r a c tor s ($/VMT) Congestion $0.0 49 $0. 111 $0. 108 Accidents $0.0 27 $0. 019 $0. 022 Noise $0.001 $0.0 09 $0.0 20 In aggregate, the increased costs due to noise, accidents, and congestion from the additional truck driving are presented in Table VIII - 25 .

**Table VIII**  **- 25**  **: Accident, Noise, and Congestion Costs (Millions, 2009$)**  Year Pickup Trucks

and Vans Vocational

Vehicles Combination

Tractors Total Costs 2012 $0 $0 $0 $0 2013 $0 $0 $0 $0 2014 $8 $21 $18 $46 2015 $15 $38 $31 $84 2016 $22 $55 $43 $120 2017 $29 $71 $54 $153 2018 $36 $85 $64 $186 2020 $51 $112 $83 $246 2030 $105 $195 $138 $437 2040 $130 $256 $166 $551 2050 $148 $298 $191 $638 NPV, 3% $1,818 $3,620 $2,492 $7,929 NPV, 7% $832 $1,680 $1,184 $3,695 **(2) Savings Due to Reduced Refueling Time**  Reducing the fuel consumption of heavy - dut y trucks may either increase their driving range before they require refueling , or motivate truck purchasers to buy , and manufacturers to offer, smaller fuel tanks . Keeping the fuel tank the same size allows truck operators to reduc e the frequency with which drivers ty

picall y refuel their vehicles; it thus extend s the upper limit of the range they can travel before requiring refueling. Alternativel y, if purch asers and manufacturers respond to improved fuel efficiency by reducing the size of fuel tanks to maintain a constant driving range, the smaller tank will require less time in actual refueling . Because refueling time represents a time cost of truck operation, these time savings should be incorporated into truck purchasers’ decisions over how much fuel saving technology

they want in their vehicles. The savings calculated here thus raise the same questions discussed in Preamble VIII.A and RIA Section 9.1 does the apparent existence of these savings reflect failures in the market for fuel efficiency , or does it***** E.O. 12866 Review**
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512 of 971 reflect costs not addressed in this analy sis? The response to these questions could vary across truck segment. See those sections for further anal ys is of this question. This analy sis estimates the reduction in the annual time spent filling the fuel tank; this reduced time could come either from fewer refueling events, if the fuel tank stay s the same size, or less time spent during each refueling eve nt, if the fuel tank is made proportionatel y smaller. The refueling savings are calculated as the savings in the amount of time that would have been necessary to pump the fuel. The calculation does not include time spent searching for a fuel station or o ther time spent at the station; it is assumed that the time savings occur onl y during refueling. The value of the time saved is estimated at the hourl y rate recommended for truck operators ($22.36 in 2009 dollars) in DOT guidance for valuing time savings. 545 The refueling savings include the increased fuel consumption resulting from additional mileage associated with the rebound effect. However, the estimate of the rebound effect does not account for an y reduction in net operating costs from lower refueling time. As discussed earlier, the rebound effect should be a measure of the change in VMT with respect to the net change in overall operating costs . Ideally , changes in refueling time would factor into this calculation, al though the effect is expected to b e minor because refueling time savings are small relative to the value of reduce d fuel expenditures. The details of this calculation are discussed in the RIA Chapter 9.3.2. The savings associated with reduced refueling time for a truck of each typ e throughout its lifetime are shown in Table VIII - 26 . The aggregate savings associated with reduced refueling time are shown in Table VIII - 27 for vehicles sold in 2014 through 2050.

545 U.S. Department of Transportation, “Revised Departmental Guidance fo r Valuation of Travel Time in Economic Analysis,” February 11, 2003, Table 4 (which show s a value of $18.10 in 2000 dollars) ; available at http://ostpxweb.dot.gov/policy/Data/VOTrevision1_2 - 11 - 03.pdf (last accessed September 9, 2010).***** E.O. 12866 Review**
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513 of 971 **Table VIII**  **- 26**  **: Lifetime Refueling Savings for a 2018 MY Truck of Each Type (2009$)**

Pickup Trucks and Vans Vocational Vehicles Combination Tractor 3% Discount Rate $31 $34 $341 7% Discount Rate $19 $22 $223

**Table VIII**  **- 27**  **: Annual Refueling Savings (Millions, 2009$)** Year Pickup Trucks

and Vans Vocational

Vehicles Combination

Tractor Total 2012 $0.0 $0.0 $0.0 $0.0 2013 $0.0 $0.0 $0.0 $0.0 2014 $0.2 $1.4 $8.0 $9.6 2015 $0.5 $2.6 $14.3 $17.3 2016 $1.3 $3.8 $19.6 $24.6 2017 $2.7 $6.2 $26.7 $35.6 2018 $5.2 $8.5 $33.8 $47.5 2020 $10.5 $12.7 $46.2 $69.3 2030 $32.6 $25.8 $82.9 $141 2040 $43.4 $35.1 $100.5 $179 2050 $50.1 $41.3 $116.1 $207 NPV, 3% $541 $468 $1,467 $2,476 NPV, 7% $231 $2 10 $685 $1,126 

### K. **The Effect of Safety Standards**  **and Voluntary Safety Improvements**  **on Vehicle Weight** Safety standards developed by NHTSA in previous rulemakings may make compliance with the fuel efficiency and CO 2 emissions standards more difficult or may reduce the projected benefits of the program. The primary way that safet y regulations can impact fuel efficiency and CO 2 emissions is through increased vehicle weight, which reduces the fuel efficiency (and thus increases the CO 2 emissions) of the vehicle. Using MY 2010 as a baseline, this section discusses the effects of other government regulations on MY s 2014 - 2016 m edium and heav y - dut y vehicle fuel efficiency and CO 2 emissions . At this time, no known safet y standards will affect new models in MY 2017 or 2018. NHTSA’s estimates are based on cost and weight tear - down studies of a few vehicles and cannot possibly

cover all the variations in the manufacturers’ fleets. NHTSA also requested, and various manufacturers provided, confidential estimates of increases in weight resulting from safety improvements. Those increases are shown in subsequent tables. We have broken down our anal ys is of the impact of safet y standards that might affect the MY s 2014 - 20 16 fleets into three parts: 1) those NHTSA final rules with known effective dates, 2) proposed rules or soon - to - be proposed rules b y NHTSA with or***** E.O. 12866 Review**
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514 of 971 without final effectiv e dates, and 3) currentl y voluntary safet y improvements planned by the manufacturers. **(1) Weight Impacts of Required Safety Standards**  NHTSA has undertaken several rulemakings in which several standards would become effective for medium - and heav y - dut y (MD/H D) vehicles between MY 2014 and MY 2016. We will examine the potential impact on MD/HD vehicle weights for MY s 2014 - 2016 using MY 2010 as a baseline.
 FMVSS 119, Heav y Truck Tires Endurance and High Speed Tests  FMVSS 121, Air Brake Sy stems Stopping Distance  FMVSS 214, Motor Coach Lap/Shoulder Belts  MD/HD Vehicle Electronic Stability Control Sy stems (a ) FMVSS 119, Heavy Truck Tires Endurance and High Speed Tests NHTSA tentatively

determined that the FMVSS No. 119 performance tests developed in 1973 should be updated to reflect the increased operational speeds and duration of truck tires in commercial service. A Notice of Proposed Rulemaking (NPRM) was issued December 7, 2010 (75 FR 60036). It proposed to increase significantly the stringency

of the endurance test and to add a new high speed test. The data in the large truck crash causation study (LTCCS) that preceded that NPRM found that J and Lload range tires were having proportionatel y more problems than the other sizes and the agency ’s test results indicate that H, J , and L load range tires are more likely to fail the proposed requirements among the targeted F, G, H, J and Lload range tires. 546 To address the se problems, the H and J load range tires could potentially use improved rubber compounds, which would add no weight to the tires, to reduce heat retention and improve the durability

of the tires. The L load range tires, in contrast, appear to need to use high tensile strength steel chords in the tire bead, carcass and belt areas, which would enable a weight reduction with no strength penalties. Thus , if the update to FMVSS No. 119 was finalized, we anticipate no change in weight for H and J load range ti res and a small reduction in weight for L load range tires. This proposal could become a final rule with an effective date of MY 2016. (b ) FMVSS No. 121, Airbrake Systems Stopping Distance FMVSS No. 121 contains performance and equipment requirements for braking sy stems on vehicles with air brake sy stems. The most recent major final rule affecting FMVSS No. 121 was published on July 27, 2009 , and became effective on November 24, 2009 (MY 20 09). The final rule requires the vast majority of new heavy

truck tractors (approximately

99 percent of the fleet) to achieve a 30 percent reduction in stopping distance compared to currently required levels. Three - ax l e tractors with a gross vehicle weight rating (GVWR) of 59,600 pounds or less must meet the reduced stopping distance 546 “Preliminary Regul atory Impact Analysis, FMVSS No. 119, New Pneumatic Tires for Motor Vehicles with a GVWR of More Than 4,536 kg (10,000 pounds), June 2010.***** E.O. 12866 Review**
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515 of 971 requirements b y August 1, 2011 (MY 2011) , while two - axle tractors and tractors with a GVWR above 59,600 pounds must meet the reduced stopping distance requirements by the lat er date of August 1, 2013 (MY 2013). NHTSA determined that there are several brake s ys tems that can meet the requirements established in the final rule , includ ing installation of larger S - cam drum brakes or disc brake s ys tems at all positions, or hy brid d isc and larger rear S - cam drum brake s ys tems. According to data provided by a manufacturer (Bendix) in response to the NPRM , the heaviest drum brakes weigh more than the lightest disc brakes , while the heaviest disc brakes weigh more than the lightest dr um brakes. For a three - axle tractor equipped with all disc brakes, then, the total weight could increase by 212 pounds or could decrease by 134 pounds compared to an all - drum - braked tractor , depending on which disc or drum brakes are used for comparison. The improved brakes may add a small amount of weight to the affected vehicle s for MY s 2014 - 2016 , resulting in a slight increase in fuel consumption. (c) FMVSS No. 208, Motor coach Lap/Shoulder Belts NHTSA is proposing lap/shoulder belts for all motorcoach s eats. About 2,000 motorcoaches are sold per y ear in the United States. Based on preliminary results from the agency ’s cost/weight teardown studies of motor coach seats, 547 NHTSA estimate s that the weight added b y 3 - point lap/shoulder belts ranges from 5.96 to 9.95 pounds per 2 - person seat. This is the weight onl y of the seat belt assembly itself , and does not include changing the design of the seat, reinforcing the floor, walls or other areas of the motor coach. Few current production motor coaches have b een installed with lap/shoulder belts on their seats, and the number of vehicles with these belts already installed could be negligible. Assuming a 54 passenger motor coach, the added weight for the 3 - point lap/shoulder belt assembly would be in the range of 161 to 269 pounds (27 * (5.96 to 9.95)) per vehicle. This proposal could become a final rule with an effective date of MY 2016. (d ) Electronic Stability Control Systems (ESC) for Medium - and Heavy -Duty (MD/HD) Vehicles The purpose of an ESC system for M D/HD vehicles is to reduce crashes caused by rollover or by

directional loss - of

- control. ESC monitors a vehicle’s rollover threshold and lateral stability

using vehicle speed, wheel speed, steering wheel angle, lateral acceleration, side slip and yaw rate data and upon sensing an impending rollover or loss of directional control situation automatically reduces engine throttle and applies braking forces to individual wheels or sets of wheel to slow the vehicle down and regain directional control. ESC is no t currently required in MD/HD vehicles , but could be proposed to be required in the se vehicles b y NHTSA. FMVSS No. 105, Hydraulic and electric brake s ys tems, requires multipurpose passenger vehicles, trucks and buses with a GVWR greater than 4,536 kg (10,000 pounds) to be equipped with an antilock brake

547 Cost and Weight Analysis of Two Motorcoach Seating Systems: One With and One Without Three Point Lap/Shoulder Belt Restraints, Ludtke and Associates, July 2010.***** E.O. 12866 Review**
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516 of 971 sy stem (ABS). All MD/HD vehicles h av ing a GVWR of more than 10,000 pounds, are required to have ABS installed by that standard. In addition to the existing ABS functionalit y, ESC requires sensors including a yaw rate sensor, lateral acceleration sensor, steering angle sensor and brake pres sure sensor along with a brake solenoid valve. According to data provided by Meritor WABCO, the weight of an ESC sy stem for the model 4S4M tractor is estimated to be around 55. 5 pounds, and the weight of the ABS only is estimated to be 45.5 pounds. Thus, we estimate the added weight for the ESC for the vehicle to be 10 (55. 5

– 45.5) pounds. **(2) Summary** 
**– Overview**  **of Anticipated Weight Increases** Table VIII - 28 s ummarizes estimates made by NHTSA regarding the weight added by the above dis cussed standards or likel y rulemakings. NHTSA estimates that weight additions required b y final rules and likel y NHTSA regulations effective in MY 2016 compared to the MY 2010 fleet will increase motor coach vehicle weight by 171 to 279 pounds and will in crease other heav y - duty truck weights by

10 pounds. **Table VIII**  **- 28**  **: Weight Additions Due to Final Rules or Likely NHTSA Regulations: Com paring MY**  **2016 to the MY 2010 Baseline Fleet** Standard Number Added Weight in pounds MD/HD Vehicle Added Weight in kilograms MD/HD Vehicle 119 0 0 121 0 (?) 0 (?) 208 Motor coaches only 161 - 269 73 - 122 MD/HD Vehicle Electronic Stability Control Sy stems 10 4.5 Total Motor coaches 171 - 279 77.5 - 126.5 Total All other MD/HD vehicles 10 4.5 **(3) Effects of Vehicle Mass Reduction on**  **Safety** NHTSA and EPA have been considering the effect of vehicle weight on vehicle safet y for the past several years in the context of our joint rulemaking for light - dut y vehicle CAFE and GHG standards, consistent with NHTSA’s long - standing consideration of safet y effects in setting CAFE standards. Combining all modes of impact, the latest anal ys is by NHTSA for the light - duty 2012 - 2016 MY vehicle rule 548 found that reducing the weight of the heavier light trucks (LT > 3,870) had a positive overall effect on safet y, reducing societal fatalities. 548 “Final Regulatory Impact Analysis, Corporate Average Fuel Economy for MY 2012 - MY 2016 Passenger Cars and Light Trucks”, NHTSA, March 2010, (Docket No. NHTSA - 2009 - 0059 - 0344.1).***** E.O. 12866 Review**
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517 of 971 In the context of the current rulemaking for HD fuel consumption and GHG standards, one would expect that reducing the weight of medium - dut y trucks similarly woul d, if an ything, have a positive impact on safety . However, given the large difference in weight between light - duty vehicles and medium - duty trucks, and even larger difference between light - duty vehicles and heavy - duty

vehicles with loads, the agencies bel ieve that the impact of weight reductions of medium - and heav y - dut y trucks would not have a noticeable impact on safet y for an y of these classes of vehicles. However, the agencies recognize that it is important to conduct further study and research into th e interaction of mass, size and safety to assist future rulemakings, and we expect that the collaborative interagency work currently

on - going to address this issue for the light - dut y vehicle context may also be able to inform our evaluation of safet y effec ts for the final HD program . We intend to continue monitoring this issue going forward, and may take steps in a future rulemaking if it appears that the MD/HD fuel efficiency and GHG standards have unforeseen safety consequences. The American Chemistry C ouncil stated in comments to the agencies that plastics and plastic composite materials provide a new way

to lighten vehicles while maintaining passenger safety. They added that properties of plastics including strength to weight ratio, energy absorption, and flexible design make these materials well suited for the manufacture of medium - and heav y - dut y vehicles. They submitted supporting anal ys es with their comments. The National School Transportation Association stated that added structural integrity re quirements increase weight of school buses, and thus decrease fuel economy . They asked that if there are safety and fuel econom y trade - offs, manufacturers should be able to receive a waiver from the regulation’s requirements. Since no weight reduction is required for school buses

– or an y other vocational vehicle

– the agencies do not believe this is an issue with the current regulation. 

### L. **Summary of Costs and Benefits** In this section, the agencies present a summary of costs, benefits, and net benefits of the HD National program. Table VIII - 29 shows the estimated annual monetized costs of the final program for the indicated calendar y ears. The table also shows the n et present values of those costs for the calendar ye ars 2012 - 2050 using both 3 percent and 7 percent discount rates. 549 Table VIII - 30 shows the estimated annual monetized fuel savings of the final program. The table also shows the net present values of those fuel savings for the same calendar years using both 3 percent and 7 percent discount rates. In this table, the aggregate value of fuel savings is calculated using pre - tax fuel prices since savings in fuel taxes do not represent a r eduction in the value of economic resources utilized in producing and consuming fuel. Note that fuel savings shown here result from reductions in fleet - wide fuel use. Thus, they grow over time as an increasing fraction of the fleet meets the 2018 standard s.

549 For the estimation of the s tream of costs and benefits, we assume that after implementation of the final MY 2014 - 2017 standards, the 2017 standards apply to each year out to 2050 .***** E.O. 12866 Review**
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518 of 971 **Table VIII**  **- 29**  **: Estimated**  **Monetized Costs of the**  **Final Program** **(Millions ,**  **200 9$**  **) a**  2020 2030 2040 2050 NPV, Y ears 2012 - 2050, 3% D iscount R ate NPV, Y ears

2012 - 2050, 7% D iscount R ate Technolog y Costs $2,000 $2,200 $2,700 $3,300 $47,400 $24,700 Note : a Technology costs for separate truck segments can be found in Section VIII.B.1.

**Table VIII**  **- 30**  **: Estimated**  **Fuel Savings of the**  **Final Program** **(Millions ,**  **200 9$**  **) a**  2020 2030 2040 2050 NPV, Y ears 2012 - 2050, 3% D iscount R ate NPV, Y ears

2012 - 2050, 7% D iscount R ate Fuel Savings (pre - tax) $9,600 $20,600 $28,000 $36,500 $375,300 $166,500 Note: a F uel savings for separate truck segments can be found in Section VIII.B.1. Table VIII - 31 presents estimated annual monetized benefits for the indicated calendar years. The table also shows the net present values of those benefits for the calendar years 2012 - 2050 using both 3 percent and 7 percent discount rates. The table shows the benefits of reduced CO 2 emissions

— and consequentl y the annual quantified benefits (i.e., total benefits)

— for each of four SCC values estimated by the interagency working group. As discussed in the RIA Section 9.3 , there are some limitations to the SCC analy sis, i ncluding the incomplete way in which the integrated assessment models capture catastrophic and non - catastrophic impacts, their incomplete treatment of adaptation and technological change, uncertainty in the extrapolation of damages to high temperatures, an d assumptions regarding risk aversion. In addition, these monetized GHG benefits exclude the value of net reductions in non - CO 2 GHG emissions (CH 4 , N 2 O, HFC) expected under this action. Although EPA has not monetized the benefits of reductions in non - CO 2 GHGs, the value of these reductions should not be interpreted as zero. Rather, the net reductions in non - CO 2 GHGs will contribute to this program’s climate benefits, as explained in Section VI .C .***** E.O. 12866 Review**
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519 of 971 **Table VIII**  **- 31**  **: Monetized Benefits Associated with the**  **Final Program** **(Million s,**  **200 9$)** 

2020 2030 2040 2050 NPV, Years 2012 - 2050, 3% Discount Rate a NPV, Years

2012 - 2050, 7% Discount Rate a Reduced CO 2 Emissions at each assumed SCC value b 5% (avg SCC) $300 $700 $1,200 $1,700 $9,000 $9,000 3% (avg SCC) $1,000 $2,500 $3,600 $4,800 $46,100 $46,100 2.5% (avg SCC) $1,600 $3,800 $5,400 $7,000 $78,000 $78,000 3% (95th percentile) $3,100 $7,500 $11,100 $14,600 $140,400 $140,400 Energy Securit y Impacts (price shock) $500 $1,100 $1,500 $1,700 $19,800 $8,800 Accidents, Congestion, Noise f - $200 - $400 - $600 - $600 - $7,900 - $3,700 Refueling Savings $100 $100 $200 $200 $2,500 $1,100 Non - GHG Impacts c ,d B $2,800 $2,800 $2,800 $25,300 $9,100 Non - CO 2 GHG Impacts e n/a n/a n/a n/a n/a n/a Total Annual Benefits at each assumed SCC value b 5% (avg SCC) $700 $4,300 $5,100 $5,800 $48,700 $24,300 3% (avg SCC) $1,400 $6,100 $7,500 $8,900 $85,800 $61,400 2.5% (avg SCC) $2,000 $7,400 $9,300 $11,100 $117,700 $93,300 3% (95 th percentile) $3,500 $11,100 $15,000 $18,700 $180,100 $155,700 Notes: a Net present value of reduced CO 2 emissions is calculated differently than other benefits. The same discount rate used to discount the value of damages from future emissions (SCC at 5, 3, 2.5 percent) is used to calculate net present value of SCC for internal consistency. Refer to the SCC TSD for more detail. b Section VIII.G notes that SCC increases over time. Corresponding to the years in this table, the SCC estimates range as follows: for Average SCC at 5%: $5 - $16; for Average SCC at 3%: $22 - $46 ; f or Average SCC at 2.5%: $36 - $66 ; and for 95 th percentile SCC at 3%: $66 - $139 . See Section VIII.F . c Note that “ B ” indicates unquantified criteria pollutant benefits in the year 2020. For the analysis of the final program , we only modeled the rule ’ s PM 2.5 - and ozone - related impacts in the calendar year 2030. For the purposes of estimating a stream of future - year cri teria pollutant benefits, w e assume that the benefits out to 2050 are equal to, and no less than, those modeled in 2030 as reflected by the stream of estimated future emission reductions. The NPV of criteria pollutant - related benefits should therefore be considered a conservative estimate of the potential benefits associated with the final program . d Non - GHG - related health and welfare impacts (related to PM 2.5 and ozone exposure) range between $1,300 and $4,200 million in 2030, 2040, and 2050 . $2,800 was chosen as the mid - point of this range for the purposes of estimating total benefits across all monetized categories. e The monetized GHG benefits presented in this analysis exclude the value of changes in non - CO 2 GHG emissions expected under this program ( See RIA Chapter 5). Although EPA has not monetized changes in non - CO 2 GHGs, the value of any increases or reductions should not be interpreted as zero. f Negative sign represents an increase in Accidents, Congestion, and Noise.***** E.O. 12866 Review**
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520 of 971 Table VIII - 32 presents estimated annual net benefits for the indicated calendar ye ars. The table also shows the net present values of those net benefits for the calendar ye ars 2012 - 2050 us ing both 3 percent and 7 percent discount rate s . The table includes the benefits of reduced CO 2 emissions (and consequently the annual net benefits) for each of four SCC values considered b y EPA. **Table VIII**  **- 32**  **: Monetized Net Benefits Associated with the**  **Final Program** **(Million s,**  **200 9$**  **)**

2020 2030 2040 2050 NPV, 3% a NPV, 7% a Technology Costs $2,000 $2,200 $2,700 $3,300 $47,400 $24,700 Fuel Savings $9,600 $20,600 $28,000 $36,500 $375,300 $166,500 Total Annual Benefits at each assumed SCC value b 5% (avg SCC) $700 $4,300 $5,100 $5,800 $48,700 $24,300 3% (avg SCC) $1,400 $6,100 $7,500 $8,900 $85,800 $61,400 2.5% (avg SCC) $2,000 $7,400 $9,300 $11,100 $117,700 $93,300 3% (95th percentile) $3,500 $11,100 $15,000 $18,700 $180,100 $155,700 Monetized Net Benefits at each a ssumed SCC value c 5% (avg SCC) $8,300 $22,700 $30,400 $39,000 $376,600 $166,100 3% (avg SCC) $9,000 $24,500 $32,800 $42,100 $413,700 $203,200 2.5% (avg SCC) $9,600 $25,800 $34,600 $44,300 $445,600 $235,100 3% (95th percentile) $11,100 $29,500 $40,300 $51,900 $508,000 $297,500 Notes: a N et present value of reduced CO 2 emissions is calculated differently than other benefits. The same discount rate used to discount the value of damages from future emissions (SCC at 5, 3, 2.5 percent) is used to calculate net present value of SCC for internal consistency. Refer to the S CC TSD for more detail. b Section VIII. G notes that SCC increases over time. Corresponding to the years in this table, the SCC estimates range as follows: for Average SCC at 5%: $5 - $16; for Average SCC at 3%: $22 - $46; for Average SCC at 2.5%: $36 - $66; and for 95th percentile SCC at 3%: $66 - $139. Section VIII. G also presents these SCC estimates. c Net Benefits equal Fuel Savings minus Technology Costs plus Benefits. EPA also conducted a separate anal ys is of the total benefits over the model year life times of the 201 4 through 201 8 model year trucks . In contrast to the calendar ye ar anal ys is presented above in Table VIII - 29 through Table VIII - 32 , the model year lifetime anal ys is below shows the impacts of the final program on vehicles produced during each of the model years 2014 through 2018 over the course of their expected lifetime s . The net societal benefits over the full life times of vehicles produced during each of the five model years from 201 4 through 201 8 are shown in Table VIII - 33 and Table VIII - 34 at both 3 percent and 7 percent discount rate s , respectively .***** E.O. 12866 Review**
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521 of 971 **Table VIII**  **- 33**  **: Monetized Technology**  **Costs, Fuel Savings,**  **Benefits, and Net Benefits Associated with the Lifetimes of 2014**  **- 2018 Model Year Trucks (Millions**  **, 200**  **9$ ; 3% Discount Rate)** 

2014 MY 2015

MY 2016

MY 2017

MY 2018

MY Sum Technology Costs $1,600 $1,400 $1,500 $1,600 $2,000 $8,100 Fuel Savings (pre - tax) $9,300 $8,300 $8,100 $11,500 $12,900 $50,100 Energy Securit y Impacts (price shock) $500 $400 $400 $600 $700 $2,700 Accidents, Congestion, Noise e - $300 - $300 - $300 - $300 - $300 - $1,500 Refueling Savings $60 $60 $60 $80 $100 $400 Non - CO 2 GHG Impacts and Non GHG Impacts c,d n/a n/a n/a n/a n/a n/a Reduced CO 2 Emissions at each assumed SCC value a, b 5% (avg SCC) $200 $200 $200 $300 $300 $1,200 3% (avg SCC) $1,100 $900 $900 $1,300 $1,500 $5,700 2.5% (avg SCC) $1,800 $1,600 $1,500 $2,100 $2,400 $9,400 3% (95th percentile) $3,300 $2,900 $2,800 $4,000 $4,500 $17,000 Monetized Net Benefits at each assumed SCC value a, b 5% (avg SCC) $8,200 $7,300 $7,000 $10,600 $11,700 $44,800 3% (avg SCC) $9,100 $8,000 $7,700 $11,600 $12,900 $49,300 2.5% (avg SCC) $9,800 $8,700 $8,300 $12,400 $13,800 $53,000 3% (95th percentile) $11,300 $10,000 $9,600 $14,300 $15,900 $60,600 Notes: a N et present value of reduced CO 2 emissions is calculated differently than other benefits. The same discount rate used to discount the value of damages from future emissions (SCC at 5, 3, 2.5 percent) is used to calculate net present value of SCC for internal consistency. Refer to the SCC TSD for more detail. b Section VIII. G notes that SCC increases over time. Corresponding to the years in this table, the SCC estimates range as follows: for Average SCC at 5%: $5 - $16; for Average SCC at 3%: $22 - $46; for Average SCC at 2.5%: $36 - $66; and for 95th percentile SCC at 3%: $66 - $139. Section VIII. G also presents these SCC estimates. c The monetized GHG benefits presented in this analysis exclude the value of changes in non - CO 2 GHG emissions expected under thi s action ( See RIA Chapter 5) . Although EPA has not monetized changes in non - CO 2 GHGs, the value of any increases or reductions should not be interpreted as zero. d Due to analytical and resource limitations, MY non - GHG emissions (direct PM, VOCs, NO 2 an d SO 2 ) were not estimated for this analysis. e Negative sign represents an increase in Accidents, Congestion, and Noise.***** E.O. 12866 Review**
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522 of 971 **Table VIII**  **- 34**  **: Monetized Technology**  **Costs, Fuel Savings,**  **Benefits, and Net Benefits Associated with**  **the Lifetimes of 2014 -**  **2018 Model Year Trucks (Millions ,**  **200 9$**  **; 7% Discount Rate)**

2014 MY 2015

MY 2016 MY 2017

MY 2018

MY Sum Technology Costs $1,600 $1,400 $1,500 $1,600 $2,000 $8,100 Fuel Savings (pre - tax) $6,900 $5,900 $5,600 $7,600 $8,300 $34,400 Energy Securit y Impacts (price shock) $400 $300 $300 $400 $400 $1,800 Accidents, Congestion, Noise e - $200 - $200 - $200 - $200 - $200 - $1,000 Refueling Savings $50 $40 $40 $60 $60 $200 Non - CO 2 GHG Impacts and Non - GHG Impacts c,d n/a n/a n/a n/a n/a n/a Reduced CO 2 Emissions at each assumed SCC value a, b 5% (avg SCC) $200 $200 $200 $300 $300 $1,200 3% (avg SCC) $1,100 $900 $900 $1,300 $1,500 $5,700 2.5% (avg SCC) $1,800 $1,600 $1,500 $2,100 $2,400 $9,400 3% (95th percentile) $3,300 $2,900 $2,800 $4,000 $4,500 $17,000 Monetized Net Benefits at each assumed SCC value a, b 5% (avg SCC) $5,800 $4,800 $4,400 $6,600 $6,900 $28,500 3% (avg SCC) $6,700 $5,500 $5,100 $7,600 $8,100 $33,000 2.5% (avg SCC) $7,400 $6,200 $5,700 $8,400 $9,000 $36,700 3% (95th percentile) $8,900 $7,500 $7,000 $10,300 $11,100 $44,300 Notes: a N et present value of reduced CO 2 emissions is calculated differently than other benefits. The same discount rate used to discount the value of damages from future emissions (SCC at 5, 3, 2.5 percent) is used to calculate net present value of SCC for internal consistency. Refer to the SCC TSD for more detail. b Section VIII.G notes that SCC increases over time. Corresponding to the years in this table, the SCC estimates range as follows: for Average SCC at 5%: $5 - $16; for Average SCC at 3%: $22 - $46 ; f or Average SCC at 2.5%: $36 - $66 ; and for 95 th percentile SCC at 3%: $66 - $139 . Section VIII.G also presents these SCC estimates. c The monetized GHG benefits presented in this analysis exclude the value of changes in non - CO 2 GHG emissions expected under this action ( See RIA Chapter 5). Although EPA has not monetized changes in non - CO 2 GHGs, the value of any increases or reductions should not be interpreted as zero. d Due to analytical and resource limitations, MY non - GHG emissions (direct PM, VOCs, NO 2 and SO 2 ) were not estimated for this analysis. e Negative sign represents an increase in Accidents, Congestion, and Noise. Table VIII - 35 and Table VIII - 36 show similar model y ear estimates to those provided above in Table VIII - 33 and Table VIII - 34 , but reflect specific differences in the NHTSA HD program over the 3 mandatory model years of that program. These include no HD diesel engine impacts prior to MY 2017, assumption of the NHTSA phase - in schedule for HD pickup trucks and vans which achieves 3 y ear phase - in stability (67% - 67% - 67% - 100% in MY 2016 - 2019 respectively), the inclusion of combination tractors from MY 2016 forward, and the exclusi on of RVs, which are not regulated by NHTSA.***** E.O. 12866 Review**
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523 of 971 **Table VIII**  **- 35**  **: Monetized**  **Technology Costs,**  **Fuel Savings, Benefits, and Net Benefits Associated with**  **the Lifetimes of 201 6**  **- 2018 Model Year Trucks (Millions**  **, 200**  **9$ ;**  **3 % Discount Rate)**  2016 MY 2017 MY 2018 MY Sum Technology Costs $1,500 $1,600 $1,700 $5,200 Fuel Savings (pre - tax) $5,500 $10,900 $11,500 $27,900 Energy Securit y Impacts (price shock) $300 $600 $600 $1,500 Accidents, Congestion, Noise e - $300 - $300 - $300 - $900 Refueling Savings $40 $80 $80 $200 Non - CO 2 GHG Impacts and Non GHG Impacts c,d n/a n/a n/a n/a Reduced CO 2 Emissions at each assumed SCC value a, b 5% (avg SCC) $100 $300 $300 $700 3% (avg SCC) $600 $1,200 $1,300 $3,100 2.5% (avg SCC) $1,000 $2,000 $2,200 $5,200 3% (95th percentile) $1,900 $3,800 $4,000 $9,700 Monetized Net Benefits at each assumed SCC value a, b 5% (avg SCC) $4,100 $10,000 $10,500 $24,200 3% (avg SCC) $4,600 $10,900 $11,500 $26,600 2.5% (avg SCC) $5,000 $11,700 $12,400 $28,700 3% (95th percentile) $5,900 $13,500 $14,200 $33,200 Notes: a N et present value of reduced CO 2 emissions is calculated differently than other benefits. The same discount rate used to discount the value of damages from future emissions (SCC at 5, 3, 2.5 percent) is used to calculate net present value of SCC for internal consistency. Refer to the S CC TSD for more detail. b Section VIII. G notes that SCC increases over time. Corresponding to the years in this table, the SCC estimates range as follows: for Average SCC at 5%: $5 - $16; for Average SCC at 3%: $22 - $46; for Average SCC at 2.5%: $36 - $6 6; and for 95th percentile SCC at 3%: $66 - $139. Section VIII. G also presents these SCC estimates. c The monetized GHG benefits presented in this analysis exclude the value of changes in non - CO 2 GHG emissions expected under this pro gram ( See RIA Chapter 5 ) . Although EPA has not monetized changes in non - CO 2 GHGs, the value of any increases or reductions should not be interpreted as zero. d Due to analytical and resource limitations, MY non - GHG emissions (direct PM, VOCs, NO 2 and SO 2 ) were not estimated for this analysis. e Negative sign represents an increase in Accidents, Congestion, and Noise. **Table VIII**  **- 36**  **: Monetized**  **Technology Costs,**  **Fuel Savings, Benefits, and Net Benefits Associated with**  **the Lifetime s of 201**  **6 -**  **2018 Model Year Trucks (Millions ,**  **200 9$**  **; 7% Discount Rate)** 2016 MY 2017 MY 2018 MY Sum Technology

Costs $1,500 $1,600 $1,700 $5,200 Fuel Savings (pre - tax) $3,800 $7,200 $7,300 $18,300 Energy Securit y Impacts (price shock) $200 $400 $400 $1,000 Accidents, Congestion, Noise e - $200 - $200 - $200 - $600***** E.O. 12866 Review**
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524 of 971 Refueling Savings $30 $50 $50 $130 Non - CO 2 GHG Impacts and Non - GHG Impacts c,d n/a n/a n/a n/a Reduced CO 2 Emissions at each assumed SCC value a, b 5% (avg SCC) $100 $300 $300 $700 3% (avg SCC) $600 $1,200 $1,300 $3,100 2.5% (avg SCC) $1,000 $2,000 $2,200 $5,200 3% (95th percentile) $1,900 $3,800 $4,000 $9,700 Monetized Net Benefits at each assumed SCC value a, b 5% (avg SCC) $2,400 $6,200 $6,200 $14,300 3% (avg SCC) $2,900 $7,100 $7,200 $16,700 2.5% (avg SCC) $3,300 $7,900 $8,100 $18,800 3% (95th percentile) $4,200 $9,700 $9,900 $23,300 Notes: a N et present value of reduced CO 2 emissions is calculated differently than other benefits. The same discount rate used to discount the value of damages from future emissions (SCC at 5, 3, 2.5 percent) is used to calculate net present value of SCC for internal consistency. Refer to the S CC TSD for more detail. b Section VIII.G notes that SCC increases over time. Corresponding to the years in this table, the SCC estimates range as follows: for Average SCC at 5%: $5 - $16; for Average SCC at 3%: $22 - $46 ; f or Average SCC at 2.5%: $36 - $6 6 ; and for 95 th percentile SCC at 3%: $66 - $139 . Section VIII.G also presents these SCC estimates. c The monetized GHG benefits presented in this analysis exclude the value of changes in non - CO 2 GHG emissions expected under this pro gram ( See RIA Chapter 5) . Although EPA has not monetized changes in non - CO 2 GHGs, the value of any increases or reductions should not be interpreted as zero . d Due to analytical and resource limitations, MY non - GHG emissions (direct PM, VOCs, NO 2 and SO 2 ) were not estimated for this analysis. e Negative sign represents an increase in Accidents, Congestion, and Noise. 

### M. **Employment Impacts**  **(1) Introduction**  Although analy sis of employ ment impacts is not part of a cost - benefit analy sis (except to the extent that labor costs contribute to costs), employ ment impacts of federal rules are of particular concern in the current economic climate of sizeable unemploy ment. The recentl y issued Executive Order 13563, “Improving Regulation and Regulatory Review” (January

18, 2011), stat es, “ Our regulatory s ys tem must protect public health, welfare, safet y, and our environment while promoting economic growth, innovation, competitiveness, and job creation ” (emphasis added). Although EPA and NHTSA did not undertake an employment anal ys is o f the proposed rules, several commenters suggested that we undertake an employ ment analy sis for the final rulemaking. Consistent with Executive order 13563, we have provided a discussion of the potential employ ment impacts of the Heavy - Duty National Progr am . Our general conclusion is that employ ment impacts in the regulated sector (truck and engine manufacturing) and the parts sectors depend on a combination of factors, some of which are positive, and some of which can be positive or negative; effects on employ ment in the transport and shipping sectors are ambiguous; the fuel supplying***** E.O. 12866 Review**
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525 of 971 sectors may

face reduced employ

ment; and there may

be increased general employ ment due to reduction in costs that may be passed along to the transport industry and thus to the public. Because measuring employ ment effects depends on a variety of inputs and assumptions, some of which are known with more certainty than others, and because we did not include an employ ment anal ys is in the NPRM and provide opportunity for public comment on the methods, we here present a qualitative discussion. Because the discussion is qualitative, we do not sum the net effects on employ ment in the econom y. We also note that the employ ment effects may

be different in the immediate implementation phase than in the ongoing compliance phase; this anal ys is focuses on the longer - term effects rather than the immediate effects. When the econom y is at full employment, an environmental regulation is unlikely to have much impact on net overall U.S. employm ent ; instead, labor would primarily be shifted from one sector to another. These shifts in employ ment impose an opportunity cost on society , approximated by the wages of the employ ees, as regulation diverts workers from other activities in the economy . 550 In this situation, any effects on net employ ment are likel y to be transitory as workers change jobs . ( For example , some workers may

need to be retrained or require time to search for new jobs, while shortages in some sectors or regions could bid up wages t o attract workers). 551 It is also true that , if a regulation comes into effect during a period of high unemploy ment, a change in labor demand due to regulation may affect net overall U.S. employ ment because the labor market is not in equilibrium. Either ne gative or positive effects are possible. Schmalansee and Stavins 552 point out that net positive employ ment effects are possible in the near term when the economy is at less than full employ ment due to the potential hiring of idle labor resources by the regu lated sector to meet new requirements (e.g., to install new equipment) and new economic activity in sectors related to the regulated sector. In the longer run, the net effect on emplo ym ent is more difficult to predict and will depend on the way in which th e related industries respond to the regulatory

requirements. As Schmalansee and Stavins note, it is possible that the magnitude of the effect on employ ment could vary

over time, region, and sector, and positive effects on employment in some regions or sect ors could be offset by negative effects in other regions or sectors. For this reason, they urge caution in reporting partial employ ment effects since it can “paint an inaccurate picture of net employment impacts if not placed in the broader economic conte xt.” This rulemaking is expected to have a relativel y s mall effect on net employment in the United States through the regulated sector

– the truck and engine manufacturer industry

– and several related sectors, specifically , industries that supply the tr uck and engine manufacturing industry (e.g., truck parts), the trucking industry itself, other industries involved in transporting goods (e.g., rail and shipping), the petroleum refining 550 Schmalensee, Richard, and Robert N. Stavins. “A Guide to Economic and Policy Analysis of EPA’s Trans port Rule.” White paper commissioned by Excelon Corporation, March 2011. 551 Although the employment level would not change substantially, there would be costs to the workers associated with shifting from one activity to another. Jacobson, Louis S., Robert J. LaLonde, and Daniel G. Sullivan, “Earnings Losses of Displaced Workers.” American Economic Review 83(4) (1993): 685 - 709. 552 Ibid.***** E.O. 12866 Review**
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526 of 971 sector, and the retail sector. According to the U.S. Bureau of Labor Statistics, about 1.25 million people were employed in the truck transportation industry and about 675,000 people were emplo yed in the motor vehicle parts industry between 2010 and 2011. 553 Although heav y - dut y vehicles (HD) account for approximately 4% of the vehicles on the road, these vehicles consume more than 20% of on - road gasoline and diesel fuel use . As discussed in Chapter 5 of th e RIA, this rulemaking is predicted to reduce the amount of fuel these vehicles use, and thus affect the petroleum refin ery industry . The petroleum refinery industry employed about 65,000 people in the U.S. in 2009, the most recent year that employ

ment estimates are available for this sector. 554 Finally , since the net reduction in cost associated with th e s e rule s is expecte d to lead to lower transportation and shipping costs, in a competitive market a substantial portion of those cost saving s will be passed along to consumers, who then will have additional discretionary income (how much of the cost is passed along to consumers depends on market structure and the relative price elasticities). Several commenters suggested that the HD vehicle rules would lead to an increase in employ ment in affected sectors b y offering the potential for new employment opportunities in the design and production of new vehicle technologies. Also, these commenters suggested that since the U.S. manufacturers and suppliers are leaders in certain advanced truck technologies, this program has the potential to help them consolidate their leadership and thrive in a global market. In this context, several commenters referred to an assessment by the Union of Concerned Scientists (UCS) and CalStart of the economic and employ ment benefits of the improved eff iciency in HD vehicles. 555 The study

predicts an increase in tens of thousands of jobs between 2020 and 2030 , as result of higher fuel efficiency for HD vehicles. While the commenters find unambiguous emplo yment increases as a result of this program , we fin d employment impacts to involve some complexity , as the discussion that follows shows. In addition, these quantitative estimates were derived using a standard input - output model, though the estimates themselves have not yet been peer reviewed. Input - outp ut (I/O) models do not account for opportunity costs of labor

– that is, all employ ment needs due to the regulatory change will be met by

unemployed workers. In addition, I/O models assume no changes in the average use of labor per dollar of output in the affected sectors. For these and other reasons, these may at best be considered an imprecise upper bound on actual emplo ym ent impacts. 556 Determining the direction of employ ment effects even in the regulated industry may be difficult due to the presence of competing effects that lead to an ambiguous adjustment in employ

ment as a result of environmental regulation. Morgenstern, Pizer

553 U.S. Bureau of Labor Statistics seasonally - adjusted Current Employment Statistics Survey for the Truck Transportation Industry (NAICS 484) and the Motor Vehicle Parts Manufacturing Industry (NAICS 3363). 554 U.S. Census Bureau, 2009 Annual Survey of Manufactures, Published December 3, 2010. 555 Union of Concerned Scientists and CalStart, Delivering Jobs: The Economic Costs and Benefits of Im proving Fuel Economy of Heavy Duty Vehicles, July, 2010. http://www.ucsusa.org/deliveringjobs . 556 Berck, Peter, and Sandra Hoffman. “Assessing the Employment Im pacts of Environmental and Natural Resource Policy.” Environmental and Resource Economics 22 (2002): 133 - 156.***** E.O. 12866 Review**
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527 of 971 and Shih 557 identify

three separate way s that employment levels may change in the regulated industry

in response to a new (or mo re stringent) regulation.
 Demand effect : higher production costs due to the regulation will lead to higher market prices; higher prices in turn reduce demand for the good, reducing the demand for labor to make that good. In the authors’ words, the “exte nt of this effect depends on the cost increase passed on to consumers as well as the demand elasticit y of industry output”.
 Cost effect : As costs go up, plants add more capital and labor (holding other factors constant), with potentially positive effect s on employ ment; in the authors’ words, as “production costs rise, more inputs, including labor, are used to produce the same amount of output”.
 Factor - shift effect: post - regulation production technologies may be more or less labor - intensive (i.e., more /less labor is required per dollar of output) (“factor - shift effect”). In the authors’ words, “environmental activities may

be more labor intensive than conventional production,” meaning that “the amount of labor per dollar of output will rise,” though it is also possible that “cleaner operations could involve automation and less employ ment, for example”. The “demand effect” is expected to have a negative effect on emplo ym ent, the “cost effect” to have a positive effect on employ ment, and the “factor - shift effect” has an ambiguous effect on employ ment. Without more information with respect to the magnitudes of these competing effects, it is not possible to predict the total effect environmental regulation will have on employ ment levels in a regulated secto r Morgenstern et al. estimated the effects on emplo yment of spending on pollution abatement for four highly polluting/regulated industries (pulp and paper, plastics, steel, and petroleum refining). They conclude that increased abatement expenditures gener all y have not caused a significant change in employ ment in those sectors. More specifically , their results show that, on average across the industries studied, each additional $1 million spent on pollution abatement results in a (statistically insignificant) net increase of 1.5 jobs. While the specific sectors Morgenstern et al. examined are different that the sectors considered here, the methodology that Morgenstern et al. developed is still useful in this context. **(2) Overview of Affected Sectors**  The above discussion focuses on employ ment changes in the regulated sector, but the regulated sector is not the only source of changes in emplo ym ent. In these rules, the regulated sectors are truck and engine manufacturers; they are responsible for meetin g the standards set in these rules. The effects of these rules are also likely to have impacts beyond the directl y regulated sector. Some of the related sectors which these rules are 557 Morgenstern, Richard D., William A. Pizer, and Jhih - Shy ang Shih. “Jobs Versus the Environment: An Industry - Level Perspective.” Journal of Environmental Economics and Management 43 (2002): 412 - 436.***** E.O. 12866 Review**
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528 of 971 also likely

to impact include: motor vehicle parts producers, to the e xtent that the truck and engine industries purchase components rather than manufacture them in - house; shipping and transport, because man y companies in this sector purchase trucks and their operating costs will be affected b y both higher truck prices and f uel savings; oil refineries due to reduced demand for petroleum - based fuels; and the final retail market, which is where an y net cost reductions due to fuel savings are ultimately expected to be experienced. We acknowledge that there may be impacts in oth er sectors that are not discussed here, but we have sought to include the sectors where we think the impacts are most direct. The following discussion describes the direction of impacts on employ ment in these industries. The effects of the HD National Pr ogram on net U.S. employ ment depend, not only

on their relative magnitudes, but also on employ ment levels in the overall econom y. As previously discussed, in a full - employ ment economy

these sector specific impacts will be mostly offset by employment chang es elsewhere in the econom y and would not be expected to result in a net change in jobs. However, in an econom y with significant unemploy ment these changes may

affect net employ

ment in the U.S. (a ) Truck and Engine Manufacturers The regulated sector consists of truck and engine manufacturers. Emplo yment associated with manufacturing trucks and engines may be affected by

the demand, cost, and factor - shift effects. Demand Effect The demand effect depends on the effects of this ru lemaking on HD vehicle sales. If vehicle sales increase, then more people will be required to assemble trucks and their components. If vehicle sales decrease, employ ment associated with these activities will unambiguousl y decrease. The effects of this r ulemaking on HD vehicle sales depend on the perceived desirability of the new vehicles. Unlike in Morgenstern et al.’s study , where the demand effect decreased employ ment, there are countervailing possibilities in the HD market due to the fuel savings res ulting from this program. On one hand, this rulemaking will increase vehicle costs; by itself, this effect would reduce vehicle sales. In addition, while decreases in vehicle performance would also decrease sales , this program is not expected to have an y negative effect on vehicle performance . On the other hand, this rulemaking will reduce the fuel costs of operating the vehicle; by itself, this effect would increase vehicle sales, especially if potential buye rs have an expectation of higher fuel prices. The agencies have not made an estimate of the potential change in vehicle sales. However as discussed in Preamble Section VIII.E.5 the agencies have estimated an increase in vehicle miles traveled (i.e., VMT rebound) due to the reduced operating costs o f trucks meeting these new standards. Since increased VMT is most likely to be met with more drivers and more trucks, our projection of VMT rebound is suggestive of an increase in vehicle sales and truck driver emplo ym ent (recognizing that these increases may

be partially

offset by a decrease in manufacturing and sales for equipment of other modes of transportation such as rail cars or barges). As discussed above in Section VIII.A, the agencies find that the reduction in fuel costs associated with this r ulemaking outweigh the increase in vehicle cost. This finding***** E.O. 12866 Review**
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529 of 971 is puzzling: market forces should lead truck manufacturers and buye rs to install all cost effective fuel - saving technology , but the agencies find that they have not. Section VIII.A discusses v arious h ypotheses that have been suggested to explain this phenomenon. Some of the explanations suggest that vehicle manufacturers and buye rs will benefit from the rulemaking, and vehicle sales will increase; others suggest that the opposite might occur. The agencies do not have strong evidence supporting one specific explanation over another. However, some in the heav y - dut y i ndustry indicate the potential for an increase in jobs. As stated by Tom Linebarger (President and Chief Operatin g Officer of Cummins ) and Fred Krupp (President of the Environmental Defense Fund), “ Finall y, strong environmental standards play a crucial role in getting innovations to market that will create economic opportunity for American companies and jobs for American workers. . . . It helps that Cummins and other forward - thinking businesses view this as an opportunity

to innovate and increase international market share. ” 558 One commenter raised the issue of whether there could be a loss of recreation vehicle (RV) industry

jobs due to a reduction in the sales of motor homes and towable RVs. As mentioned above, the effects of this rulemaking on HD vehicle sales depend on the desirability

of the new vehicles. Cost Effect The truck an d engine manufacturing sector has great flexibility in how to respond to the requirement for reduced greenhouse gases and increasing fuel efficiency , with a broad suite of technologies being available to achieve the standards. These technologies are described in detail in Chapter 2 of th e RIA. Among these technologies, a distinction can be made between technologies that can be “added on” to conventional trucks versus those that replace features of a conventional truck. “Added on” features , such as auxili ary power units, require additional labor to install the technologies on trucks, thus clearl y increasing labor demand (the “cost effect”). The pure cost effect alway s increases employ ment, though the net effect on the regulated industry depends on its eff

ects in combination with the demand and factor - shift effects. Factor- Shift Effect For “replacement” technologies, the predicted impact on labor demand from regulation depends on the change in the amount of labor used to build and install one ty pe of techno logy

compared to another. In some cases, the new technologies are predicted to be more complex than the existing technologies and may therefore require additional labor installation inputs. In other cases, the opposite may be true : labor intensity

may be lower for some replacement technologies. M ost of the technologies that are expected to be used to meet these standards are replacement technologies. For example, almost all of the engine improvements involve
558 Tom Linebarger (President and Chief Operatin g Officer of Cummins ) and Fred Krupp (President of the Environmental Defense Fund), "Clear rules can create better engines, clean air," Indianapolis S tar, October 28, 2010, p. 19; included as part of Cummins' comments on the rule, Docket Number EP A - HQ - OAR - 2010 - 0162 - 1765.1[1]***** E.O. 12866 Review**
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530 of 971 replacement technologies that are not expecte d to significantl y change the labor requirements. Similarly , regulations of the chassis on vocational vehicles will only require the installation of a different ty pe of tire, which is also not expected to have large labor intensity

impacts. Therefore, th e potential magnitude of the factor shift effect is expected to be relativel y small, though slightl y positive due to the additional labor needed to install more complex technologies. Summary for the Truck and Engine Manufacturing Sector For the truck and engine manufacturing sector, the demand effect may result in either increased or decreased emplo y ment ; the cost effect is expected to increase employ ment; and the factor - shift effect is expected to have a small, possibly slightly positive effect on employment in this sector. The net effect on emplo ym ent in this sector depends on the sum of these factors. (b ) Motor Vehicle Parts Manufacturing Sector Some vehicle parts are made in - house and would be included directly in the regulated sector . Others are made b y independent suppliers and are not directly regulated, but they

will be affected by

the rules as well. The parts manufacturing sector will be involved primarily in providing “add - on” parts, or components for replacement parts built internally . If demand for these parts increase s due to the increased use of these parts , employ

ment effects in this sector are expected to be positive. If the demand effect in the regulated sectors is significantl y negative enough, it is possible that demand for other parts may decrease. As noted, the agencies do not predict a direction for the demand effect. (c) Transport and Shipping Sectors Although not directl y regulated by these rules, employ ment effects in the transport and shipping sector are likely to result from these regulations. If the overall cost of shipping a ton of freight decreases because of increased fuel efficiency (taking into account the increase in upfront purchasing costs), in a perfectl y competitive industry these costs savings will be passed along to custo mers. With lower prices, demand for shipping would lead to an increase in demand for truck shipping services (consistent with the VMT rebound effect anal ys is) and therefore an increase in employ ment in the truck shipping sector . In addition, if the relat ive cost of shipping freight via trucks becomes cheaper than shipping b y other modes (e.g., rail or barge), then emplo ym ent in the truck transport industry

is likely to increase. If the trucking industry is more labor intensive than other modes, we would expect this effect to lead to an overall increase in employ ment in the transport and shipping sectors. 559 , 560 Such a shift would, however, be at the expense of emplo yment in the sectors that are losing business to trucking. The first

559 American Transportation Research Institute, “ An Analysis of the Operational Costs of Trucking: 2011 Update .” See http://www.atri online.org/research/results/Op_Costs_2011_Update_one_page_summary.pdf . 560 Association of American Railroads, “All Inclusive Index and Rail Adjustment Fact or.” June 3, 2011. See http://www.aar.org/~/media/aar/RailCostIndexes/AAR - RCAF - 2011 - Q3.ashx***** E.O. 12866 Review**
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531 of 971 effect

– a gain due to lower shipping costs

– is likely to lead to a net increase in employ ment. The second effect, due to mode - shifting, may increase employ

ment in trucking, but decreases in other shipping sectors. (d ) Fuel Suppliers In addition to the effects on the trucking indu stry and related truck parts sector, these rules will result in reductions in fuel use that lower GHG emissions. Fuel saving, principally

reductions in liquid fuels such as diesel and gasoline, will affect employ ment in the fuel suppliers industry sectors , principall y the Petroleum Refinery sector. 561 Expected fuel consumption reductions b y fuel t yp e, and b y heav y - dut y vehicle ty pe, can be found in Table VIII - 7. These reductions reflect impacts from the new fuel efficiency and GHG standards and include in creased consumption from the rebound effect. These fuel savings are monetized in Table VIII - 8 by multiplying the reduced fuel consumption in each year by the corresponding estimated average fuel price in that year, using the Reference Case from the AEO 20 11. In 2014, the pre - tax fuel savings is $1.2 billion (2009$). While these figures represent a level of fuel savings for purchasers of fuel, it also represents a loss in value of output for the petroleum refinery industry . Since 50 percent of the fuel w ould have been refined in the U.S., the loss in output to the U.S. Petroleum Refinery

sector is $600 million (2009$), which will result in reduced sectoral employ ment. 562 Because this sector is very capital - intensive, the employ ment effect is not expected t o be large. (e) Fuel Savings As a result of this rulemaking, it is anticipated that trucking firms will experience fuel savings. Fuel savings lower the costs of transportation goods and services. In a competitive market, the fuel saving s that initially accru e to trucking firms are likel y to be passed along as lower transportation costs that, in turn, could result in lower prices for final goods and services. Alternativel y, the savings could be kept internall y in firms for investments or for returns to firm o wners. In either case, the savings will accrue to some segment of consumers: either owners of trucking firms or the general public. In both cases, the effect will be increased spending b y consumers in other sectors of the econom y, creating jobs in a dive rse set of sectors, including retail and service industries. As mentioned above, the value of fuel savings from this rulemaking is projected to be $1.2 billion (2009$) in 2014, according to Table VIII - 8. If all those savings are
561 North American Industry Classification System (NAICS) Code 32411. 562 EPA and NHTSA estimate that approximately 50 percent of the reduction in fuel consumption res ulting from adopting improved fuel GHG standards and fuel efficiency standards is likely to be reflected in reduced U.S. imports of refined fuel, while the remaining 50 percent is expected to be reflected in reduced dom estic fuel refining. Of this latter figure, 90 percent is anticipated to reduce U.S. imports of crude petroleum for use as a refinery feedstock, while the remaining 10 percent is expected to reduce U.S. dom estic production of crude petroleum. Because we do not expect to see a significant re duction in crude oil production in the U.S., we do not expect this rule to have a significant impact on the Oil and Gas Extraction industry sector in the U.S. (NAICS 211000). For more information, refer to Section VIII - I on the energy security impacts fro m the program.***** E.O. 12866 Review**
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532 of 971 spent, the fuel savings will stimulate increased employ ment in the economy through those expenditures. If the fuel savings accrue primarily to firm owners, they

may either reinvest the money

or take it as profit. Reinvesting the money in firm operations would increase emplo ym ent directly . If they take the money

as profit, to the extent that these owners are wealthier than the general public, they may spend less of the savings, and the resulting emplo ym ent impacts would be smaller than if the savings went to the public. Thus, while fuel savings are expected to decrease employ ment in the refinery

sector, they are expected to increase employ ment through increased consumer expenditures. **(3) Summary**  The net emplo ym ent effects of this rulemaking are expected to be found through out several key

sectors: truck and engine manufacturers, the trucking industry , truck parts manufacturing, fuel production, and consumers. For the regulated sector, the demand effect may

result in either increased or decreased employ ment, depending on the net effect on HD vehicle sales ; the cost effect is expected to increase employ ment in the regulated sector; and the factor - shift effect is expected to have a small, possibly slightl y positive effect on employment, though we cannot definitively say this is th e case without quantification. The net effect depends on the combination of these effects. In creased expenditures by

truck and engine parts manufacturers are expected to require increased labor to build parts, though this effect also depends on any chang es in overall demand and on the labor intensit y of production of new parts ; increased complexity of technologies may

imply increased labor inputs for some parts, though others might be less labor - intensive. It is possible, if access to capital markets is limited, that this rule might displace other HD sector investment, which would reduce employ ment associated with those activities. Lo wer prices for shipping are expected to lead to an increase in demand for truck shipping services and, therefore, an incre ase in emplo ym ent in that sector , though this effect may be offset somewhat by

changes in employ

ment in other shipping sectors. Reduced fuel production implies less employ ment in the fuel provision sectors. Finally , an y net cost savings would be expected to be passed along to some segment of consumers: either the general public or the owners of trucking firms, who are expected then to increase employ ment through their expenditures . Given the job creation as a result of the $1.2B (2009$) in fuel savings i n 2014 and the possible employ ment increases in the manufacturing and parts sectors, we find it highl y unlikel y that there would be significant net job losses related to this policy . Given the current level of unemploy ment, net positive employ ment effects are possible, especiall y in the near term, due to the potential hiring of idle labor resources by the regulated sector to plan for and meet new requirements. In the future, when full employ ment is expected to return, any changes in emplo ym ent levels in the regulated sector due to this program are mostly expected to be offset b y changes in emplo ym ent in other sectors . 

## IX. **Analysis of the Alternatives**  The heav y - duty

truck segment is very

complex. The sector consists of a diverse group of impacted parties, incl uding engine manufacturers, chassis manufacturers, truck manufacturers, trailer manufacturers, truck fleet owners and the public. The final standards that the agencies have adopted today maximize the environmental and fuel***** E.O. 12866 Review**
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533 of 971 savings benefits of the program while taking into consideration the unique and varied nature of the regulated industries. In developing this final rulemaking, we considered a number of alternatives that could have resulted in potentially fewer or greater GHG and fuel consumption reductions than the program we are finalizing. This section summarizes the alternatives we considered and presents assessments of technology costs, CO 2 reductions, and fuel savings associated with each alternative. The agencies reduced the number of alte rnatives analyzed in this final rulemaking compared to the proposal because we did not receive an y comments supporting standard setting for a smaller subset than HD pickup trucks, combination tractors, and vocational vehicles (as well as engines installed in vocational vehicles and combination tractors). As discussed below, the agencies have also refined some of the alternatives analyzed in response to the comments received. 

### A. **What Are the Alternatives that the Agencies Considered?** In developing alternatives , NHTSA must consider EI SA's requirement for the MD/HD fuel efficiency

program noted above. 49 U.S.C. 32902(k)(2) and (3) contain the following three requirements specific to the MD/HD vehicle fuel efficiency improvement program: (1) The program must be “d esigned to achieve the maximum feasible improvement”; (2) the various required aspects of the program must be appropriate, cost effective, and technologically feasible for MD/HD vehicles; and (3) the standards adopted under the program must provide not les s than four model ye ars of lead time and three model ye ars of regulatory stabilit y. In considering these various requirements, NHTSA will also account for relevant environmental and safet y considerations. The alternatives below represent a broad range of a pproaches for a HD vehicle fuel efficiency

and GHG emissions program. Details regarding the modeling of each alternative are included in RIA Chapter 6. The alternatives in order of increasing fuel efficiency and GHG emissions reductions are: **(1) Alternative**  **1: No Action** A “no action” alternative assumes that the agencies would not issue rules regarding a MD/HD fuel efficiency improvement program. This alternative is presented in order for NHTSA to comply with the National Environmental Policy Act (NEPA) and to provide an anal yt ical baseline against which to compare environmental impacts of the other regulatory

alternatives. 563 The agencies refer to this as the “No Action Alternative”

563 NEPA re quires agencies to consider a “ no action ” alternative in their NEPA analyses and to compare the e ffects of not taking action with the effects of the reasonable action alternatives to demonstrate the different environmental effects o f the action alternatives. See 40 CFR 1502.2(e), 1502.14(d). CEQ has explained that “ [T]he regulations require the analysis of the no action alternative even if the agency is under a court order or legislative command to act. This analysis provides a benchmark, enabling decision makers to compare the magnitude of environmental effects of the action alternatives. [ See 40 CFR 1502.14(c).] * * * Inclusion of such an analysis in the EIS is necessary to inform Congress, the public, and the President as intended by NEPA. [ See 40 CFR 1500.1(a).]'' Forty Most Asked Questions Concerning CEQ ’ s National Environmental Policy Act Regulations, 46 FR 18026 (1981) (emphasis added).***** E.O. 12866 Review**
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534 of 971 or as a “no increase” or “baseline” alternative. As described in RIA Chapter 5, this no action alternative is considered the reference case. The no action alternative first presented in this final action is based on the assumption that the new vehicle fleet continues to perform at the same level as new 2010 vehicles. In this way, it provides a comparison between today’s new trucks and the increased cost and reduced fuel consumption of future compliant vehicles. The agencies recognize that there is substantial uncertainty in determining an appropriate baseline against which to compare the effects of the proposed action. The lack of prior regulation of HD fuel efficiency means that there is a lack of historic data regarding trends in this sector. Therefore, in this final action, the agencies have also included an analy sis using a baseline derived from annual projections developed by the U.S. Energy

Information Administration (EIA) for the Annual Energy Outlook (AEO). For this alternative baseline, the agencies analyzed the new truck fuel economy projections for the Light Commer cial Trucks, along with the Medium - and Heav y - Duty Freight Vehicles developed in AEO 2011. 564 The agencies converted the fuel econom y improvements into CO 2 emissions reductions relative to a 2010 model year ( See RIA Chapter 6). The baseline derived from the AEO forecast provides a comparison between the impacts of the proposed standards and EIA’s projection of future new truck performance absent regulation. This alternative baseline is informative in showing one possible projection of future vehicle perform ance based on other factors beyond the regulation the agencies are finalizing today . The AEO forecast makes a number of assumptions that should be noted. AEO 2011 assumes improved fuel efficiency for 8,500 - 10,000 lb. GVWR heavy - duty

pickups due to the li ght - dut y 2012 - 2016 MY regulations. We project a similar capability

for fuel econom y improvement as AEO does for this class of vehicles; however, the agencies recognize that absent regulation manufacturers may decline to add the necessary technologies to r each the level of our proposed standards . For medium and heav y - duty vocational vehicles, AEO 2011 projects a small reduction in fuel efficiency

over time (an increase in fuel consumption), similar to that achieved under the MY 2010 baseline. For Class 8 combination tractors, the AEO 2011 baseline projections an annual improvement of approximately 0.3 percent. We are not able to make an estimate of the cost of the AEO 2011 alternative baseline because we are not able to accuratel y determine the technology mix used in the AEO 2011 anal ys is to achieve the projected improvements in fuel efficiency . We do know they

differ significantly

from our own analysis as the EIA projections do not include the full range of technologies considered by the agencies (e.g. EIA’s analy sis does not consider the use of idle reduction technologies and diesel auxiliary power units to reduce fuel consumption associated with vehicle hoteling). If one were to assume that the cost of the AEO2011 baseline was proportional to projected improvement relative to

564 U.S. Energy Information Ad ministration. Annual Energy Outlook 2011 Early Release. Last viewed on March 29, 2011 at http://www.eia.doe.gov/forecasts/aeo/ . See Supplemental Tables 7, 63, and 68.***** E.O. 12866 Review**
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535 of 971 our preferred alternative, the total AEO2011 baseline cost estimate would be approximately

equal to the total cost of the preferred case, but would vary by category . **(2) Alternative 2: 12 Percent Less Stringent than the Preferred Altern**  **ative** Alternative 2 represents an alternative stringency level to the agencies’ preferred approach. Alternative 2 represents a stringency level which is approximately 12 percent less stringent than the preferred approach. The agencies calculated the Alte rnative 2 stringency

level in order to meet two goals. First, we sought to create an alternative that regulated the same engine and vehicle categories as the preferred alternative, but at lower stringency

(10 - 20 percent lower) than the preferred alternati ve. Second we wanted an alternative that reflected removal of the least cost effective technology that we believed manufacturers would add last in order to meet the preferred alternative. In other words, we wanted an alternative that as closel y as possib le reflected the last increment in stringency

prior to reaching our preferred alternative. Please see Table 2 - 39 in RIA Chapter 2 for a list of all of the technologies, as well as their cost and relative effectiveness. The resulting Alternative 2 is based on the same technologies used in Alternative 3 except as follows for each of the three categories. The combination tractor standard would be based on the removal of the Advanced SmartWay

aerod ynamic package and weight reduction technologies , which decreas es the average combination tractor GHG emissions and fuel consumption reduction by approximately

1 percent. The HD pickup truck and van standard would be based on removal of the 5 percent mass reduction technology , which decreases the average truck reduc tion of fuel consumption and GHG emissions by approximately

1.6 percent. The vocational vehicle standard would be based on removal of low rolling resistance tires

– in essence meaning that there would be no expected improvement in performance from vocational vehicles, onl y from engines used to power them . This alternative would also reduce the amount of technologies applied to diesel engines used in vocational vehicles such that the engines achieve a 3 percent reduction in 2014 model ye ar and a 5 p ercent reduction in 2017 model year, both compared to a 2010 model year baseline , The agencies have decided not to finalize Alternative 2 , because as shown below , Alternative 3 is more stringent, is technicall y feasible , highl y cost effective, and results in a greater net benefit to society . **(3) Alternative 3: Preferred Alternative and Final Standards**  Alternative 3 represents the agencies’ preferred approach. This alternative consists of the finalized fuel efficiency and GHG standards for HD engines, HD pick up trucks and vans, Class 2b through Class 8 vocational vehicles, and Class 7 and 8 combination tractors. Details regarding modeling of this alternative are included in RIA Chapter 5 as the control case.***** E.O. 12866 Review**
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536 of 971 The agencies selected Alternative 3 over Alternat ives 4 and 5 described below because the agencies concluded that alternatives 4 and 5 were not technically feasible to achieve given the leadtime provided in th e s e final rule s . Hence, we have concluded that Alternative 3 represents the maximum feasible im provement. Section II of this preamble provides an explanation of the consideration that agencies gave to setting more stringent standards based on the application of additional technologies and our reasons for concluding that the identified technologies for each of the vehicle and engine standards that constitute Alternative 3 represented the maximum feasible improvement based on technological feasibility . In general, for advanced technologies, we reached this conclusion for one of two reasons. For some technologies such as Rankine Waste Heat Recovery engine technologies, the agencies have concluded that the technology is still in the research phase and will not be developed fully for new engine production in the time frame of this first regulatory actio n. In other cases, the agencies concluded that the manufacturing capacity

for technologies such as advanced battery s ys tems for heav y - dut y hy brid drivetrains could not be expanded quickly enough to allow for significant vehicle production volume in the ti me frame of this program . Section III also details the agencies’ reasons for not basing standard stringencies on other technologies **(4) Alternative 4: 20 Percent More Stringent than the Preferred Alternative**  Alternative 4 represents a modeled alternative which is 20 percent more stringent than the preferred approach. The agencies derived the stringency level based on similar goals as for Alternative 2. Specificall y, we wanted an alternative that would reflec t an incremental improvement over the preferred alternative based on adding the next most cost effective technology in each of the categories. We believed these were the technologies most likely

to be attempted by

manufacturers if a more stringent standar d were established. A s discussed above and in the feasibility discussion in Section III, we are not finalizing Alternative 4 because we do not believe that the technologies used in this alternative can be developed and introduced in the time frame of this rulemaking. We note that the estimated costs for this alternative are denoted as ‘+c.’ The +c is intended to make clear that the cost estimates we are showing do not include additional costs related to pulling ahead the development and expanding manufac turing base for the additional technologies (for example, building new factories in the next few years). The resulting Alternative 4 is based on the same technologies used in Alternative 3 except as follows for each of the three categories. The combinatio n tractor standard would be based on the addition of Rankine waste heat recovery

s ys tems and 100 percent application of advanced aerody namic technologies, such as underbod y airflow treatment, advanced gap reduction, rearview cameras to replace mirrors, and wheel sy stem streamlining, to high roof sleeper cab combination tractors. The agencies do not believe that either advanced aerody namic technologies or Rankine waste heat recovery s ys tems should be used to set the standard for HD engines in 2017 MY becaus e this technology is still in the research phase. The agencies assumed 59 percent of all combination tractors are sleeper cabs and of those, 80 percent are high roof sleeper cabs. The agencies assumed a 12 kWh waste heat recovery***** E.O. 12866 Review**
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537 of 971 sy stem would reduce CO 2 emissions by 6 percent at a cost of $8,400 per truck. 565 The estimated reduction in CO 2 emissions from the engine for this alternative is included in RIA Chapter 6. The impact of 100 percent application of the advanced aerody namic technology

package would lead to a total 20.7 percent reduction in Cd values for high roof sleeper cabs over a 2 010 MY baseline tractor. The incremental cost of this technology

over the preferred case is $1,027 per vehicle. The HD pickup truck and van standard would be based on the addition of the turbocharged, downsized technology to gasoline engines which would bring the total reduction for gasoline HD pickup trucks and vans to 15 percent and match the level of reduction for the diesel pickup trucks. The agencies do not consider this to be a technology

from which the 2017MY gasoline HD pickup truck standards sh ould be premised on because we are not yet convinced that turbocharged downsized gasoline engines can be applied to heav y - dut y truck applications in a durable manner. We are aware that manufacturers are testing such engines and that in pickup trucks with a duty cycle representing a mix of passenger vehicle and work applications the engines can be durable. However, we are unable to conclude today that such engines will be durable and hence technicall y feasible when applied in heav y - duty truck applications with an expected higher average load factor. The estimated incremental cost increase to HD pickup trucks and vans to replace a stoichiometric gasoline direct injected V8 engine with coupled cam phasing used in Alternative 3 with a V6 stoichiometric gasoli ne direct injection DOHC with dual cam phasing, discrete valve lift, and twin turbochargers is estimated to be $1,743. 566 The vocational vehicle standard would be based on the addition hy brid powertrains to 6 percent of the vehicles. The agencies assumed a 32 percent per vehicle reduction in GHG emissions and fuel consumption due to the hy brid with a cost of $26,667 per vehicle based on the average effectiveness and costs developed in the NAS report for box trucks, bucket trucks, and refuse haulers. 567 **(5) Alter**  **native 5: Trailers Plus Accelerated Hybrid**  Alternative 5 builds on Alternative 4 through additional hy brid powertrain application rates in the HD sector and b y adding a performance standard for fuel efficiency and GHG emissions to commercial trailers. Thi s alternative includes all elements of Alternative 4 (some of which we already regard as infeasible in the model ye ars covered b y the final rule s ), plus the application of additional hy brid powertrains to the pickup trucks, vans, vocational vehicles, and tractors. In addition, the agencies applied aerod yn amic technologies to commercial box trailers, along with tire technologies for all commercial trailers.

565 TIAX. 2009. Note 198 , Page 4 - 20. 566 See RIA Chapter 2, Table 2.35. 567 Committee to Assess Fuel Economy Technologies for Medium - and Heavy - Duty Vehicles; National Research Council; Transportati on Research Board (2010). “Technologies and Approaches to Reducing the Fuel Consumption of Medium - and Heavy - Duty Vehicles,” (“NAS Report”). Washington, D.C. The National Academies Press. Available electronically from the National Academies Press Website at http://www.nap.edu/catalog.php?record_id=12845 . Page 146.***** E.O. 12866 Review**
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538 of 971 The agencies set the h ybrid penetration for each category such that it represents 50 percent of the HD pickup truck and van segment, 50 percent of vocational vehicles, and 5 percent of tractors in 2017 model year. The agencies have concluded that it is not feasible to achieve h ybrid technology penetration rates at or even near these levels in the time frame of this rulemaking. As with Alternative 4, we include a +c in our cost estimates for this alternative to reflect additional costs not estimated by the agencies. The agencies assumed that a hy brid powertrain would provide a 32 percent reduction in CO 2 emissions and fuel consumption of a vocational vehicle at a projected cost of $26,667 per vehicle, based on the average of the NAS report findings for box trucks, bucket trucks, and refuse vehicles. 568 The agencies are projecting a cost of $9,000 per vehi cle for the HD pickup trucks and vans with an effectiveness of 18 percent, again based on the NAS report. 569 Lastl y, the effectiveness of h ybrid powertrains installed in tractors was assumed to be 10 percent at a cost of $25,000 based on the NAS report. 570 Th e combination tractor technology package for Alternative 5 includes the preferred alternative technologies, waste heat recovery and Advanced SmartWay aerod ynamic package used in Alternative 4, and application of hy brid powertrains discussed above, in addit ion to a regulation for commercial trailers pulled by combination tractors. The agencies assumed a box trailer program would mirror the SmartWay program and include tire and aerodyn amic requirements. The agencies added low rolling resistance tires to all commercial trailers, which are assumed to have 15 percent lower rolling resistance than the baseline trailer tire which is equivalent to the target value required b y SmartWay . The aerody namics of the box trailers were assumed to improve the coefficient o f drag for the combination tractor - trailer b y 10 percent through the application of technologies such as trailer skirts and gap reducers. 571 These technologies would result in further reductions in drag coefficient and rolling resistance coefficient from th e MY 2010 baseline. As stated above for hybrids, the agencies do not believe that it is possible to achieve technology penetration rates at or even near these levels in the time frame of this rulemaking. The combination tractor costs for this alternativ e are equal to the costs in Alternative 4, plus $25,000 for h ybrid powertrains in ten percent of tractors, plus the costs of trailers. The costs for the trailer program of Alternative 5 were derived based on the assumption that trailer aerodyn amic improve ments would cost $2,150 per trailer. This cost assumes side fairings and gap reducers and is based on the ICF cost estimate. 572 The agencies applied the aerodynamic improvement to only box trailers, which represent approximately

60 percent of the trailer s ales. The agencies used $528 per trailer (2014 MY cost) for low rolling resistance based on the agencies’ estimate of $66 per tire in the tractor program. Lastl y, the agencies assumed the trailer volume is equal to three times the tractor volume based on the 3:1 ratio of trailers to tractors in the market today . 568 NAS Report. Page 146. 569 NAS Report. Page 146. 570 NAS Report. Page 146. 571 The Cd improvement of 10 percent for trailer improvements w as derived from the TIAX report, Table 4 - 26 on page 4 - 50. 572 Assumed retail prices of $1,300 for side skirts and $850 for gap reducers based on the ICF Cost Report, page 90.***** E.O. 12866 Review**
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539 of 971 

### B. **How Do These Alternatives Compare in Overall GHG Emissions Reductions and Fuel Efficiency and Cost?**  The agencies analyzed all five alternatives through the MOVES model to evaluate the impact of each alternative, as shown in Table IX - 1 . The table contains the annual CO 2 and fuel savings in 2030 and 2050 for each alternative (relative to the reference scenario of Alternative 1), presenting both the total savings across all regulatory categories, and for each regulatory category . Table IX - 2 presents the annual technology costs associated with each alternative (relative to the reference scenario of Alternative 1) in 2030 and 2050 for each regulatory category . In addition, the total annual downstream impacts of NO X , CO, PM, and VOC emissions in 2030 f

or each of the alternatives are included in Table IX - 3 . Lastl y, the agencies project the monetized net benefits associated with each alternative in 2030 and 2050 as shown in Table IX - 4 and Table IX - 5 . **Table IX**  **- 1**  **: Annual CO 2**  **and Oil Reductions Relative to Alternative 1 in 2030 and 2050** DOWNSTREAM CO 2 REDUCTIONS (MMT) OIL REDUCTIONS (BILLION GALLONS) 2030 2050 2030 2050 Alt. 1 Baseline 0 0 0 0 Alt. 1a AEO 2011 Baseline - Total 39 90 3.9 9.0 Tractors 29 73 2.9 7.1 HD Pickup Trucks 9 16 0.9 1.7 Vocational Vehicles 1 2 0.1 0.2 Alt. 2 L ess Stringent - Total 54 78 5.4 7.7 Tractors 42 59 4.2 5.8 HD Pickup Trucks 7 11 0.8 1.2 Vocational Vehicles 5 7 0.4 0.7 Alt. 3 Preferred

– Total 61 88 6.0 8.7 Tractors 45 63 4.4 6.2 HD Pickup Trucks 8 13 0.9 1.3 Vocational Vehicles 7 11 0.7 1.1 Alt. 4 More Stringent

– Total 74 107 7.4 10.7 Tractors 53 74 5.2 7.3 HD Pickup Trucks 10 15 1.0 1.6 Vocational Vehicles 11 18 1.1 1.8 Alt. 5 Max Technology

– Total 99 146 9.8 14.5 Tractors 61 85 6.0 8.3 HD Pickup Trucks 15 24 1.6 2.5 Vocational Vehicles 23 37 2.2 3.6***** E.O. 12866 Review**
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540 of 971 **Table IX**  **- 2**  **: Technology Cost Projections Relative to Alternative 1 for Each Alternative a**  TECHNOLOGY COSTS (20 09$ MI LLIONS) 2030 2050 Alt. 1 Baseline $0 $0 Alt. 1a AEO 2011 Baseline

– Total b

-- -- Tractors -- -- HD Pickup Trucks -- -- Vocational Vehicles -- -- Alt. 2 L ess Stringent

– Total $1,676 $2,440 Tractors $743 $1,227 HD Pickup Trucks $817 $1,029 Vocational Vehicles $117 $185 Alt. 3 Preferred

– Total $2,210 $3,287

Tractors $1,076 $1,777 HD Pickup Trucks $918 $1,156 Vocational Vehicles $216 $354 Alt. 4 More Stringent

– Total $5,211+c $6,996+c Tractors $1,953+c $3,225+c HD Pickup Trucks $1,442+c $1,816+c Vocational Vehicles $1,816+c $1,954+c

$17,909+c $27,306+c Alt. 5 Max Technology

– Total $2,747+c $4,292+c Tractors $5,669+c $7,142+c HD Pickup Trucks $9,493+c $15,873+c Vocational Vehicles $5,211+c $6,996+c Notes: a The +c is intended to make clear that the cost estimates we are showing do not include additional costs related to pulling ahead the development and expanding manufacturing base for these technologies. b The agencies did not conduct a cost analysis for th e AEO2011 baseline.***** E.O. 12866 Review**
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541 of 971 **Table IX**  **- 3**  **: Downstream Impacts Relative to Alternative 1 of Key Non**  **- GHGs for Each Alternative**  **in 2030** NO X CO PM 2.5 VOC Alt. 1 Baseline 0% 0% 0% 0% Alt. 1a AEO 2011 Baseline 8.8% 1.0% - 3.8% 7.2% Alt. 2 L ess Stringent - 21.9% - 2.0% 8.4% - 19.0% Alt. 3 Preferred - 22.0% - 2.0% 8.5% - 19.1% Alt. 4 More Stringent - 22.5% - 2.0% 8.7% - 19.5% Alt. 5 Max Technology - 22.9% - 2.1% 8.4% (1) - 20.0% **Table IX**  **- 4**  **: Monetized Net Benefits Associated with Each Alternative Relative to Alternative 1 for Lifetime of 2014 through 2018 Model Year Vehicles(3% discount rate, Million 2009 dollars)**  Alt.1 Baseline Alt.2

Less Stringent Alt.3

Preferre d Alt.4 More

Stringent Alt. 5 Max

Technolog y Truck Program Costs d $0 $5,900 $8,100 $20,700+c $37,200+c Fuel Savings (pre - tax) $0 $45,000 $50,100 $63,900 $79,100 Reduced CO 2 Emissions at Each Assumed SCC Value a,b 5% (avg SCC) $0 $1,100 $1,200 $1,600 $1,900 3% (avg SCC) $0 $5,100 $5,700 $7,200 $9,000 2.5% (avg SCC) $0 $8,400 $9,400 $12,000 $15,000 3% (95th percentile) $0 $16,000 $17,000 $22,000 $27,000 Energy Security Impacts (price shock) $0 $2,400 $2,700 $3,400 $4,200 Accidents, Congestion, Noise e $0 - $1,300 - $1,500 - $1,600 - $1,600 Refueling Savings $0 $300 $400 $500 $600 Non - CO 2 GHG Impacts and Non - GHG Impacts c N/A N/A N/A N/A N/A Monetized Net Benefits at Each Assumed SCC Value a,b 5% (avg SCC) $0 $41,600 $44,800 $47,100+c $47,000+c 3% (avg SCC) $0 $45,600 $49,300 $52,700+c $54,100+c 2.5% (avg SCC) $0 $48,900 $53,000 $57,500+c $60,100+c 3% (95th percentile) $0 $56,500 $60,600 $67,500+c $72,100+c Notes: a Net present value of reduced CO 2 emissions is calculated differently than other benefits. The same discount rate used to discount the value of damages from future emissions (SCC at 5, 3, and 2.5 percent) is used to calculate net present value of SCC for internal consistency. Refer to the SCC TSD for more detail. b Section VIII.G notes that SCC increases over time. Corresponding to the years in this table, the SCC estimates range as follows: for Average SCC at 5%: $5 - $16; for Average SCC at 3%: $22 - $46; for Average SCC at 2.5%: $3 6 - $66; and for 95th percentile SCC at 3%: $66 - $139. Section VIII.G also presents these SCC estimates. c The monetized GHG benefits presented in this analysis exclude the value of changes in non - CO 2 GHG emissions expected under this rulemaking ( See RIA Ch apter 5). Although EPA has not monetized changes in non - CO 2 GHGs, the value of any increases or reductions should not be interpreted as zero. d “+c” indicates additional costs not estimated in this rulemaking.***** E.O. 12866 Review**
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542 of 971 e Negative sign represents an increase in Accidents, Congestion, and Noise. **Table IX**  **- 5**  **Monetized Net Benefits Associated with Each Alternative Relative to Alternative 1 for Lifetime of 2014 through 2018 Model Year Vehicles(7% discount rate, Million 2009 dollars)**  Alt.1 Baseline Alt.2 Less

Stringent Alt.3

Preferre d Alt.4

More Stringent Alt.5 Max

Technology Truck Program Costs d $0 $5,900 $8,100 $20,700+ c $37,200+c Fuel Savings (pre - tax) $0 $30,900 $34,400 $43,800 $53,900 Reduced CO 2 Emissions at Each Assumed SCC Value a,b 5% (avg SCC) $0 $1,100 $1,200 $1,600 $1,900 3% (avg SCC) $0 $5,100 $5,700 $7,200 $9,000 2.5% (avg SCC) $0 $8,400 $9,400 $12,000 $15,000 3% (95th percentile) $0 $16,000 $17,000 $22,000 $27,000 Energy Security Impacts (price shock) $0 $1,600 $1,800 $2,300 $2,900 Accidents, Congestion, Noise e $0 - $900 - $1,000 - $1,100 - $1,100 Refueling Savings $0 $200 $200 $300 $400 Non - CO 2 GHG Impacts and Non - GHG Impacts c N/A N/A N/A N/A N/A Monetized Net Benefits at Each Assumed SCC Value a,b 5% (avg SCC) $0 $27,000 $28,500 $26,200+ c $20,800+c 3% (avg SCC) $0 $31,000 $33,000 $31,800+ c $27,900+c 2.5% (avg SCC) $0 $34,300 $36,700 $36,600+ c $33,900+c 3% (95th percentile) $0 $41,900 $44,300 $46,600+ c $45,900+c Notes: a Net present value of reduced CO 2 emissions is calculated differently than other benefits. The same discount rate used to discount the value of damages from future emissions (SCC at 5, 3, and 2.5 percent) is used to calculate net present value of SCC for internal consistency. Refer to the SCC TSD for more detail. b Section VIII.G notes that SCC increases over time. Corresponding to the years in this table, the SCC estimates range as follows: for Average SCC at 5%: $5 - $16; for Average SCC at 3%: $22 - $46; for Average SCC at 2.5%: $3 6 - $66; and for 95th percentile SCC at 3%: $66 - $139. Section VIII.G also presents these SCC estimates. c The monetized GHG benefits presented in this analysis exclude the value of changes in non - CO 2 GHG emissions expected under this rulemaking ( See RIA Ch apter 5). Although EPA has not monetized changes in non - CO 2 GHGs, the value of any increases or reductions should not be interpreted as zero. d “+c” indicates additional costs not estimated in this rulemaking. e Negative sign represents an increase in Accidents, Congestion, and Noise. The agencies also project the monetized net benefits associated with each alternative b y vehicle class for the 2014 through 2018 MY vehicles over their lifetimes as shown in Table IX - 6 through Table IX - 8 at a three percent discount rate for HD pickup trucks & vans, vocational vehicles and combination tractors, respectivel y, and in Table***** E.O. 12866 Review**
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543 of 971 IX - 9 through Table IX - 11 at a seven percent discount rate for HD pickup trucks and vans, vocational vehicles and combination tractors, respectivel y. **Table IX**  **- 6**  **: Monetized Net Benefits Associated with Each Alternative**  **Relative to Alternative 1 for Lifeti**  **me of 2014 through 2018 Model Year HD Pickup Trucks & Vans (**  **3% discount rate, Million**  **200 9**  **$ )**  Alt.1 Baseline Alt.2 Less

Stringent Alt.3

Preferred Alt.4 More

Stringent Alt.5 Max

Technology Truck Program Costs d $0 $1,780 $1,970 $3,220+c $9,890+c Fuel Savings (pre - tax) $0 $3,480 $4,060 $4,910 $7,700 Energy Security Impacts (price shock) $0 $190 $220 $270 $420 Accidents, Congestion, Noise e $0 - $330 - $350 - $370 - $350 Refueling Savings $0 $40 $50 $60 $90 Non - CO 2 GHG Im

pacts and Non - GHG Im

pacts c N/A N/A N/A N/A N/A Reduced CO 2 Emissions at Each Assumed SCC Value a,b 5% (avg SCC) $0 $100 $100 $100 $200 3% (avg SCC) $0 $500 $500 $600 $900 2.5% (avg SCC) $0 $800 $900 $1,100 $1,500 3% (95th percentile) $0 $1,400 $1,600 $1,900 $2,800 Monetized Net Benefits at Each Assumed SCC Value a,b 5% (avg SCC) $0 $1,700 $2,110 $1,750+c - $1,830+c 3% (avg SCC) $0 $2,100 $2,510 $2,250+c - $1,130+c 2.5% (avg SCC) $0 $2,400 $2,910 $2,750+c - $530+c 3% (95th percentile) $0 $3,000 $3,610 $3,550+c $770+c Notes: a N et present value of reduced CO 2 emissions is calculated differently than other benefits. The same discount rate used to discount the value of damages from future emissions (SCC at 5, 3, and 2.5 percent) is used to calculate net present value of SCC for internal consistency. Refer to the SCC TSD for more detail. b Section VIII. G notes that SCC increases over time. Corresponding to the years in this table, the SCC estimates range as follows: for Average SCC at 5%: $5 - $16; for Average SCC at 3%: $22 - $46; for Average SCC at 2.5%: $3 6 - $66; and for 95th percentile SCC at 3%: $66 - $139. Section VIII. G also presents these SCC estimates. c Due to analytical and resource limitations, MY non - GHG emissions (direct PM, VOCs, NO 2 and SO 2 ) were not estimated for this analysis . Although EPA ha s not monetized changes in non - CO 2 GHGs, the value of any increases or reductions should not be interpreted as zero. d “+ c ” indicates additional costs not estimated in this rulemaking. e Negative sign represents an increase in Accidents, Congestion, and Noise .***** E.O. 12866 Review**
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544 of 971 **Table IX**  **- 7**  **Monetized Net Benefits Associated with Each Alternative Relative to Alternative 1 for**  **Lifetime of 2014 through 2018 Model Year Vocational Vehicles (**  **3% discount rate, Million 200**  **9 $**  **)** Alt.1 Ba seline Alt.2 Less

Stringent Alt.3

Preferred Alt.4 More

Stringent Alt.5 Max

Technology Truck Program Costs d $0 $670 $1,140 $9,140+c $15,840+c Fuel Savings (pre - tax) $0 $3,420 $5,420 $8,930 $14,270 Energy Security Impacts (price shock) $0 $180 $290 $480 $760 Accidents, Congestion, Noise e $0 - $540 - $650 - $670 - $500 Refueling Savings $0 $40 $60 $110 $170 Non - CO 2 GHG Im

pacts and Non - GHG Im

pacts c N/A N/A N/A N/A N/A Reduced CO 2 Emissions at Each Assumed SCC Value a,b 5% (avg SCC) $0 $100 $100 $200 $300 3% (avg SCC) $0 $400 $600 $1,000 $1,500 2.5% (avg SCC) $0 $700 $1,100 $1,700 $2,600 3% (95th percentile) $0 $1,300 $1,900 $3,100 $4,700 Monetized Net Benefits at Each Assumed SCC Value a,b 5% (avg SCC) $0 $2,530 $4,080 - $90+c - $840+c 3% (avg SCC) $0 $2,830 $4,580 $710+c $360+c 2.5% (avg SCC) $0 $3,130 $5,080 $1,410+c $1,460+c 3% (95th percentile) $0 $3,730 $5,880 $2,810+c $3,560+c

Notes: a N et present value of reduced CO 2 emissions is calculated differently than other benefits. The same discount rate used to discount the value of damages from future emissions (SCC at 5, 3, and 2.5 percent) is used to calculate net present value of SCC for internal consistency. Refer to the SCC TSD for more detail. b Section VIII. G notes that SCC increases over time. Corresponding to the years in this table, the SCC estimates range as follows: for Average SCC at 5%: $5 - $16; for Average SCC at 3%: $22 - $46; for Average SCC at 2.5%: $36 - $66; and for 95th percentile SCC at 3%: $66 - $139. Section VIII. G also presents these SCC estimates. c Due to analytical and resource limitations, MY non - GHG emissions (direct PM, VOCs, NO 2 and SO 2 ) were not estimated for this analysis . Although EPA has not monetized changes in non - CO 2 GHGs, the value of any

increases or reductions should not be interpreted as zero. d “+ c ” indicates additional costs not estimated in this rulemaking. e Negative sign represents an increase in Accidents, Co ngestion, and Noise .***** E.O. 12866 Review**
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545 of 971 **Table IX**  **- 8**  **Monetized Net Benefits Associated with Each Alternative Relative to Alternative 1 for**  **Lifetime of 2014 through 2018 Model Year Com bination Tractors**  **( 3% discount rate,**  **Million 200**  **9 $**  **)** Alt.1 Baseline Alt.2 Less

Stringent Alt.3

Preferred Alt.4 More

Stringent Alt.5 Max

Technology Truck Program Costs d $0 $3,300 $4,950 $8,430+c $11,540+c Fuel Savings (pre - tax) $0 $38,140 $40,650 $50,030 $57,190 Energy Security Impacts (price shock) $0 $2,030 $2,160 $2,660 $3,040 Accidents, Congestion, Noise e $0 - $450 - $480 - $590 - $770 Refueling Savings $0 $230 $250 $300 $350 Non - CO 2 GHG Im

pacts and Non - GHG Im

pacts c N/A N/A N/A N/A N/A Reduced CO 2 Emissions at Each Assumed SCC Value a,b 5% (avg SCC) $0 $900 $1,000 $1,200 $1,400 3% (avg SCC) $0 $4,200 $4,500 $5,600 $6,500 2.5% (avg SCC) $0 $7,000 $7,500 $9,300 $11,000 3% (95th percentile) $0 $13,000 $14,000 $17,000 $20,000 Monetized Net Benefits at Each Assumed SCC Value a,b 5% (avg SCC) $0 $37,550 $38,630 $45,170+c $49,670+c 3% (avg SCC) $0 $40,850 $42,130 $49,570+c $54,770+c 2.5% (avg SCC) $0 $43,650 $45,130 $53,270+c $59,270+c 3% (95th percentile) $0 $49,650 $51,630 $60,970+c $68,270+c Notes: a N et present value of reduced CO 2 emissions is calculated differently than other benefits. The same discount rate used to discount the value of damages from future emissions (SCC at 5, 3, and 2.5 percent) is used to calculate net present value of SCC for internal consistency. Refer to the SCC TSD for more detail. b Section VIII. G notes that SCC increases over time. Corresponding to the years in this table, the SCC estimates range as follows: for Average SCC at 5%: $5 - $16; for Average SCC at 3%: $22 - $46; for Average SCC at 2.5%: $3 6 - $66; and for 95th percentile SCC at 3%: $66 - $139. Section VIII. G also presents these SCC estimates. c Due to analytical and resource limitations, MY non - GHG emissions (direct PM, VOCs, NO 2 and SO 2 ) were not estimated for this analysis . Although EPA ha s not monetized changes in non - CO 2 GHGs, the value of any increases or reductions should not be interpreted as zero. d “+ c ” indicates additional costs not estimated in this rulemaking. e Negative sign represents an increase in Accidents, Congestion, and Noise .***** E.O. 12866 Review**
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546 of 971 **Table IX**  **- 9**  **: Monetized Net Benefits Associated with Each Alternative**  **Relative to Alternative 1 for Lifetime of 2014 through 2018 Model Year HD Pickup Trucks & Vans**  **( 7% discount rate,**  **Million 200**  **9 $**  **)** Alt.1 Baseline Alt.2 Less

Stringent Alt.3

Preferred Alt.4 More

Stringent Alt.5 Max

Technology Truck Program Costs d $0 $1,780 $1,970 $3,220+c $9,890+c Fuel Savings (pre - tax) $0 $2,180 $2,550 $3,090 $4,830 Energy Security Impacts (price shock) $0 $120 $140 $170 $260 Accidents, Congestion, Noise e $0 - $220 - $230 - $250 - $230 Refueling Savings $0 $30 $30 $40 $60 Non - CO 2 GHG Im

pacts and Non - GHG Im

pacts c N/A N/A N/A N/A N/A Reduced CO 2 Emissions at Each Assumed SCC Value a,b 5% (avg SCC) $0 $100 $100 $100 $200 3% (avg SCC) $0 $500 $500 $600 $900 2.5% (avg SCC) $0 $800 $900 $1,100 $1,500 3% (95th percentile) $0 $1,400 $1,600 $1,900 $2,800 Monetized Net Benefits at Each Assumed SCC Value a,b 5% (avg SCC) $0 $430 $620 - $70+c - $4,770+c 3% (avg SCC) $0 $830 $1,020 $430+c - $4,070+c 2.5% (avg SCC) $0 $1,130 $1,420 $930+c - $3,470+c 3% (95th percentile) $0 $1,730 $2,120 $1,730+c - $2,170+c Notes: a N et present value of reduced CO 2 emissions is calculated differently than other benefits. The same discount rate used to discount the value of damages from future emissions (SCC at 5, 3, and 2.5 percent) is used to calculate net present value of SCC for internal consistency. Refer to the SCC TSD for more detail. b Section VIII. G notes that SCC increases over time. Corresponding to the years in this table, the SCC estimates range as follows: for Average SCC at 5%: $5 - $16; for Average SCC at 3%: $22 - $46; for Average SCC at 2.5%: $3 6 - $66; and for 95 th percentile SCC at 3%: $66 - $139. Section VIII. G also presents these SCC estimates. c Due to analytical and resource limitations, MY non - GHG emissions (direct PM, VOCs, NO 2 and SO 2 ) were not estimated for this analysis . Although EPA ha s not monetized changes in non - CO 2 GHGs, the value of any increases or reductions should not be interpreted as zero. d “+ c ” indicates additional costs not estimated in this rulemaking. e Negative sign represents an increase in Accidents, Congestion, and Noise .***** E.O. 12866 Review**
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547 of 971 **Table IX**  **- 10**  **Monetized Net Benefits Associated with Each Alternative Relative to Alternative 1 for**  **Lifetime of 2014 through 2018 Model Year Vocational Vehicles (**  **7% discount rate, Million 200**  **9 $**  **)** Alt.1 Baseline Alt.2 Less

Stringent Alt.3

Preferred Alt.4 More

Stringent Alt.5 Max

Technology Truck Program Costs d $0 $670 $1,140 $9,140+c $15,840+c Fuel Savings (pre - tax) $0 $2,280 $3,630 $5,970 $9,410 Energy Security Impacts (price shock) $0 $120 $190 $320 $500 Accidents, Congestion, Noise e $0 - $380 - $450 - $460 - $350 Refueling Savings $0 $30 $40 $70 $110 Non - CO 2 GHG Im

pacts and Non - GHG Im

pacts c N/A N/A N/A N/A N/A Reduced CO 2 Emissions at Each Assumed SCC Value a,b 5% (avg SCC) $0 $100 $100 $200 $300 3% (avg SCC) $0 $400 $600 $1,000 $1,500 2.5% (avg SCC) $0 $700 $1,100 $1,700 $2,600 3% (95th percentile) $0 $1,300 $1,900 $3,100 $4,700 Monetized Net Benefits at Each Assumed SCC Value a,b 5% (avg SCC) $0 $1,480 $2,370 - $3,040+c - $5,870+c 3% (avg SCC) $0 $1,780 $2,870 - $2,240+c - $4,670+c 2.5% (avg SCC) $0 $2,080 $3,370 - $1,540+c - $3,570+c 3% (95th percentile) $0 $2,680 $4,170 - $140+c - $1,470+c Notes: a N et present value of reduced CO 2 emissions is calculated differently than other benefits. The same discount rate used to discount the value of damages from future emissions (SCC at 5, 3, and 2.5 percent) is used to calculate net present value of SCC for internal consistency. Refer to the SCC TSD for more detail. b Section VIII. G notes that SCC increases over time. Corresponding to the years in this table, the SCC estimates range as follows: for Average SCC at 5%: $5 - $16; for Average SCC at 3%: $22 - $46; for Average SCC at 2.5%: $3 6 - $66; and for 95th percentile SCC at 3%: $66 - $139. Section VIII. G also presents these SCC estimates. c Due to analytical and resource limitations, MY non - GHG emissions (direct PM, VOCs, NO 2 and SO 2 ) were not estimated for this analysis . Although EPA has not monetized changes in non - CO 2 GHGs, the value of any increases or reductions should not be interpreted as zero. d “+ c ” indicates additional costs not estimated in this rulemaking. e Negative sign represents an increase in Accidents, Co ngestion, and Noise .***** E.O. 12866 Review**
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548 of 971 **Table IX**  **- 11**  **Monetized Net Benefits Associated with Each Alternative Relative to Alternative 1 for**  **Lifetime of 2014 through 2018**  **Model Year Com bination Tractors**  **( 7% discount rate,**  **Million 200**  **9 $**  **)** Alt.1 Baseline Alt.2 Less

Stringent Alt.3

Preferred Alt.4 More

Stringent Alt.5 Max

Technology Truck Program Costs d $0 $3,300 $4,950 $8,430+c $11,540+c Fuel Savings (pre - tax) $0 $26,420 $28,170 $34,710 $39,680 Energy Security Impacts (price shock) $0 $1,410 $1,500 $1,850 $2,110 Accidents, Congestion, Noise e $0 - $320 - $340 - $420 - $550 Refueling Savings $0 $160 $170 $210 $240 Non - CO 2 GHG Im

pacts and Non - GHG Im

pacts c N/A N/A N/A N/A N/A Reduced CO 2 Emissions at Each Assumed SCC Value a,b 5% (avg SCC) $0 $900 $1,000 $1,200 $1,400 3% (avg SCC) $0 $4,200 $4,500 $5,600 $6,500 2.5% (avg SCC) $0 $7,000 $7,500 $9,300 $11,000 3% (95th percentile) $0 $13,000 $14,000 $17,000 $20,000 Monetized Net Benefits at Each Assumed SCC Value a,b 5% (avg SCC) $0 $25,270 $25,550 $29,120+c $31,340+c 3% (avg SCC) $0 $28,570 $29,050 $33,520+c $36,440+c 2.5% (avg SCC) $0 $31,370 $32,050 $37,220+c $40,940+c 3% (95th percentile) $0 $37,370 $38,550 $44,920+c $49,940+c Notes : a Net present value of reduced CO 2 emissions is calculated differently than other benefits. The same discount rate used to discount the value of damages from future emissions (SCC at 5, 3, and 2.5 percent) is used to calculate net present value of SCC for internal consistency. Refer to the SCC TSD for more detail. b Section VIII.G notes that SCC increases over time. Corresponding to the years in this table, the SCC estimates range as follows: for Average SCC at 5%: $5 - $16; for Average SCC at 3%: $22 - $46; for Average SCC at 2.5%: $3 6 - $66; and for 95th percentile SCC at 3%: $66 - $139. Section VIII.G also presents these SCC estimates. c Due to analytical and resource limitations, MY non - GHG emissions (direct PM, VOCs, NO 2 and SO 2 ) were not estimated for this analysis. Although EPA has not monetized changes in non - CO 2 GHGs, the value of any increases or reductions should not be interpreted as zero. d “+c” indicates additional costs not estimated in this rulemaking. e Negative sign represents an increase in Accidents, Congestion, and Noise . 

### C. **What Is the Agencies’ Decision Regarding Trailer Standards?** A central theme throughout our HD Program is the recognition of the diversity and complexity

of the heavy - duty

vehicle segment. Trailers are an important part of this segment and are no less diverse in the range of functions and applications they serve. They are the primary

vehicle for moving freight in the United States. The ty pe of freight varies from retail products to be sold in stores, to bulk goods such as stones, to industrial li quids such as chemicals, to equipment such as bulldozers. Semi - trailers come in a large variet y of st yl es – box, refrigerated box, flatbed, tankers, bulk, dump, grain, and many others. The most common ty pe of trailer is the box trailer, but even box trai lers come in many different lengths ranging from 28 feet to 53 feet or greater, and in different widths, heights, depths, materials (wood, composites, and/or aluminum), construction (curtain side or hard side), axle configuration (sliding tandem or fixed t andem), and multiple other distinct features. NHTSA and EPA believe trailers impact the fuel consumption and CO 2***** E.O. 12866 Review**
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549 of 971 emissions from combination tractors and the agencies see opportunities for reductions. Unlike our experience with trucks and engines, the age ncies have very limited experience related to regulating trailers for fuel efficiency or emissions. L ikewise, the trailer manufacturing industry

has only the most limited experience compl yi ng with regulations related to emissions and none with regard to E PA or NHTSA certification and compliance procedures. The agencies broadl y solicited comments on controlling fuel efficiency and GHG emissions through eventual trailer regulations as we described in the notice of proposed rulemaking which could set the foun dation of a future rulemaking for trailers. 75 FR at 74345 - 351 (although this was a solicitation for comment regarding future action outside the present rulemaking). The general theme of the comments received was that technologies exist today that can improve trailer efficiency . We received several comments from stakeholders which encouraged the agencies to set fuel efficiency and GHG emissions standards for trailers in this rulemaking. The agencies also received comments supporting a delay in trailer r egulations. Specifically , IPIcommented that the agencies should regulate trailers at least to some degree, arguing that the agencies’ reasoning for not doing so was insufficient and requesting a plan and schedule in the final rule for the future regulati on of trailers. One commenter recognized that there are well over 100 trailer manufacturers in the U.S., with almost all being small businesses. They stressed the need for the agencies to reach out to the trailer industry and associations prior to develo ping a regulatory

program for this industry . In addition, they stated that time is needed to develop sufficient research into the area. None of the commenters that supported trailer regulation in this action addressed the complexities of the trailer indu stry , nor a method to measure trailer aerodynamic improvements In the NPRM, the agencies discussed relatively conceptual approaches to how a future trailer regulation could be developed ; however, we did not provide a proposed test procedure or proposed standard . The agencies proposed to delay the regulation of trailers, as the inclusion would not be feasible at this time due to the lack of a test procedure and the m yri ad of technical and policy issues not teed up in the NPRM or ad dressed in comments. Additionally , since a number of trailer manufacturing entities are small businesses, EPA and NHTSA need to allow sufficient time to convene a SBREFA panel to conduct the proper outreach to the potentially impacted stakeholders. As no ted earlier, the agencies do not believe it warranted to delay the combination tractor and vocational vehicle standards for the ye ars it will take to resolve these issues. NHTSA and EPA agree that the regulation of trailers, when appropriate, is likel y to provide fuel efficiency benefits. W e continue to believe that both agencies must perform a more comprehensive assessment of the trailer industry , and therefore that their inclusion at this time is not feasible. Until that time, the SmartWay Transport Partnership Program will continue to encourage the development and use of technologies to reduce fuel consumption and CO 2 emissions from trailers.***** E.O. 12866 Review**
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550 of 971 

## X. **Public Participation** The agencies proposed their respective rules on November 30, 2010 (75 FR 74152). Two publ ic hearings were held to provide interested parties the opportunity to present data, views, or arguments concerning the proposal; the first hearing was held in Chicago, IL on November 15, 2010, and the second in Cambridge, MA on November 18, 2010. The pub lic was invited to submit written comments on the proposal during the formal comment period, which end ed on January 31, 2011. The agencies received over 41,000 comments - over 3,000 of them unique - from industry , environmental organizations, states, and individuals. The vast majority

of commenters supported the central tenets of the proposed HD National Program. That is, there was broad support for a national program which would reduce fuel consumption and GHG emissions from the three heavy - dut y regulato ry categories

– heavy - dut y pickup trucks and vans, vocational vehicles, and combination tractors. The agencies received specific comments on many aspects of the proposal. Throughout this notice, the agencies discuss many of the key

issues arising from th e public comments and the agencies’ responses. In addition, the agencies have addressed all of the public comments in the Response to Comments document associated with this final action and located in the docket (Docket ID EPA

–HQ

– OAR

– 2010

– 0162, or NHTSA - 2010 - 0079). 

## XI **. NHTSA** **’s Record**  **of Decision** On May 21, 2010, President Obama issued a memorandum entitled “Improving Energy Securit y, American Competitiveness and Job Creation, and Environmental Protection through a Transformation of our Nation’s Fleet of Cars and Trucks” to the Secretary of Transportation, the Administrator of NHTSA, the Administrator of EPA, and the Secretary

of Energy . 573 The memorandum requested that the Administrators of EPA and NHTSA begin work o n a Joint Rulemaking under EISA and the Clean Air Act and establish fuel efficiency

and GHG emission standards for commercial medium - and heav y - dut y vehicles beginning with MY 2014. The President requested that NHTSA implement fuel efficiency standards an d EPA implement GHG emission standards that take into account the market structure of the trucking industry and the unique demands of heav y - dut y vehicle applications; seek harmonization with applicable S tate standards; consider the findings and recommendat ions published in the National Academy of Sciences (NAS) report on medium - and heav y - duty truck regulation; strengthen the industry and enhance job creation in the United States; and seek input from all stakeholders, while recognizing the continued leaders hip role of California and other S tates.

573 The White House, Office of the Press Secretary, Presidential Memorandum Regarding Fuel Efficiency Standards (May 21, 2010) ; Th e White Hous e, Office of the Press Secretary, President Obama Directs Administration to Create First-Ever National Efficiency and Emissions Standards for Medium - and Heavy Duty Trucks (May

21, 2010) .***** E.O. 12866 Review**
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551 of 971 In accordance with this policy , this Final Rule promulgates fuel efficiency standards for HD vehicles built in MYs 2014 - 2018. This Final Rule constitutes the Record of Decision (ROD) for NHTSA’s HD vehicle Fuel Ef ficiency Improvement Program , pursuant to the National Environmental Policy Act (NEPA) and the Council on Environmental Quality ’s (CEQ) implementing regulations. 574 See 40 CFR § 1505.2. As required b y CEQ regulations, this Final Rule and ROD sets forth the following: (1) the agency’s decision; (2) alternatives considered by NHTSA in reaching its decision, including the environmentall y preferable alternative; (3) the factors balanced by NHTSA in making its decision, including considerations of national polic y; (4) how these factors and considerations entered into its decision; and (5) the agency’s preferences among alternatives based on relevant factors, including economic and technical considerations and agency statutory missions. This Final Rule also brief ly addresses mitigation . 

### A. **The Agency’s Decision** In the D raft Environmental Impact Statement (D EI S ) and the F inal Environmental Impact Statement (F EI S ) , the agency identified a Preferred Alternative which would set overall fuel consumption standards for HD v ehicles and engines . The Preferred Alternative, identified as Alternative 3 in the FEI S, would include standards for engines used in Classes 2b - 8 vocational vehicles (except engines in HD pickups and vans, which are regulated as complete vehicles), fuel c onsumption standards for HD pickups and vans by work factor, overall vehicle fuel consumption standards for Classes 2b - 8 vocational vehicles (in gal/1,000 ton - miles), and overall fuel consumption standards for Classes 7 and 8 tractors. The Preferred Alte rnative identified in the NPRM, DEI S, and FEI S assumed that the vocational vehicle standards would lead to a 10 percent reduction in the tire rolling resistance level s of the tires installed in vocational veh icles. After carefull y reviewing and anal yz ing all of the information in the public record including technical support documents, the FEIS, and public and agency comments submitted on the DEI S, the FEIS, and the NPRM, NHTSA has decided to finalize a standard that includes slightl y more stringent requirements for vocational vehicles than those included in the Preferred Alternative analyzed in the FEIS . Subsequent to issuing the proposed rule, NHTSA and EPA conducted a tire testing program to evaluate the tire roll ing resistance of 156 different tires across a wide range of truck applications. The results of the study indicate that the baseline tire rolling resistance of this segment of vehicles was better than the level assumed during the proposal. In the final a ction, therefore, the agencies made the vocational truck standards slightly more stringent than those included as part of the Preferred Alternative for the FEIS, reflecting the better overall performance of tires in this segment. In addition, the agencies have reduced the projected improvement in average tire performance from 10 percent to 5 percent, reflecting the better than expected baseline performance. NHTSA’s anal ys is indicates that the Agency ’s Decision will

574 NEPA is codified at 42 U.S.C. §§ 4321 - 47. CEQ NEPA implementing regulations are codified at 40 Code of Federal Regulations (CFR) Parts 1500 - 08.***** E.O. 12866 Review**
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552 of 971 result in slightly less fuel savings and CO 2 emissions reductions than those noted in the EI S. 575 For environmental impacts associated with the final rule , see Section s V I . C and VII of this Final Rule. 576 

### B. **Alternatives Considered by NHTSA in Reaching its Decision, Including the Environmentally Prefe**  **rable Alternative** When preparing an EI S, NEPA requires an agency to compare the potential environmental impacts of its proposed action and a reasonable range of alternatives. In the FEIS, NHTSA identified alternative s that represent the spectrum of potent ial actions the agency

could take. The environmental impacts of these alternatives, in turn, represent the spectrum of potential environmental impacts that could result from NHTSA’s chosen action in setting fuel efficiency standards for HD vehicles . T he FEIS anal yz ed the impacts of four “action” alternatives , each of which would separately regulate segments of the HD vehicle fleet. 577 Three of the action alternatives (Alternatives 2, 3 and 4) would regulate the same vehicle categories, but at increasing l evels of stringency , with Alternative 2 being the least stringent alternative and Alternative 4 being the most stringent. Alternatives 2 and 4 were constructed by starting with the Preferred Alternative (Alternative 3) and either removing the least cost e ffective technology

in each of the vehicle categories or adding the next most cost effective technology

in each of the vehicle categories. 578 Alternative 5 built on the Preferred Alternative b y adding a performance standard for the commercial trailers pull ed by tractors and by

specifying more stringent standards based on accelerated adoption of hy brid powertrains for HD vehicles. The DEI S and FEIS also analyzed the impacts that would be expected if NHTSA adopted no HD vehicle standards (the No Action Altern ative). For a discussion of the environmental impacts associated with each of the alternatives, see C hapters 3 and 4 of the FEI S. Along with the FEIS, the agency c onducted a national - scale photochemical air quality modeling and health risk assessment for a subset of the DEIS alternatives to

575 The agencies’ analysis indicates that the change results in a decrease in total 2014 - 2050 fuel savings of about 1. 05% percent com pared to the Preferred Alternative modeled in the EIS and a corresponding increase in CO 2 emission s . 576 The environmental impacts of this decision fall within the spectrum of impacts analyzed in the DEIS and the FEIS. There are no “substantial changes to the proposed action” and there are no “significant new circumstances or information relevant to environmental concerns and bearing on the proposed action or its im pacts.” Therefore, consistent with 40 CFR § 1502.9(c), no supplement to the EIS is requir ed. 577 In the DEIS, NHTSA analyzed several alternatives that applied only to specific components and/or segments of the HD vehicle fleet. Many commenters urged the agency to consider alternatives that applied to the entire HD vehicle fleet, reasoning that such an approach would be more consistent with EISA requirements. After careful consideration, NHTSA decided that those alternatives that would set standards for the whole fleet

—that is, the engine as well as the entire vehicle for pickup trucks and vans , vocational vehicles, and tractors

—

best met the purpose and need for this action. It also allows for the achievement of the “maximum feasible improvement” in HD fuel efficiency. Therefore, the FEIS examined impacts associated with four of the action alt ernatives analyzed in the DEIS. 578 See Section 2.3.2 of the FEIS.***** E.O. 12866 Review**
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553 of 971 support and confirm the health effects and health - related economic estimates of the EIS. The photochemical air quality study is included as Appendix F to the F EI S. The study used air qualit y modeling and health benefi ts anal ysis tools to quantify the air quality

and health - related benefits associated with the alternative HD standards. NHTSA’s environmental anal ys is indicates that Alternative 5 ( Trailers and Accelerated Hy

brid) is the overall Environmentally Preferable Alternative because it would result in the largest reductions in fuel use and GHG emissions among the alternatives considered. Under each action alternative the agency considered, the reduction in fuel consumpti on resulting from higher fuel e fficienc y causes emissions that occur during fuel refining and distribution to decline. For most pollutants, this decline is more than sufficient to offset the increase in tailpipe emissions that results from increased drivi ng due to the fuel efficiency rebound effect, leading to a net reduction in total emissions from fuel production, distribution, and use. Because it leads to the largest reductions in fuel refining, distribution, and consumption among the alternatives cons idered, Alternative 5 would also lead to the lowest total emissions of CO 2 and other GHGs, as well as most criteria air pollutants and mobile source air toxics (MSATs) . 579 NHTSA’s environmental anal ys is indicates that emissions of c arbon monoxide (CO) , acrolein, acetaldehyde, and f ormaldehyde are slightly

( less than one percent ) higher under Alternative 5 than under some other action alternatives and analy sis ye ars. This occurs when increased tailpipe emissions are forecast to exceed the reductions in e missions due to reduced fuel refining and distribution. Thus , while Alternative 5 is the environmentally

preferable alternative on the basis of CO 2 and other GHGs , and on the basis of most criteria air pollutants and MSATs, other alternatives are environm entally preferable from the standpoint of some criteria air pollutants and MSATs in some years. Overall, NHTSA considers Alternative 5 to be the Environme ntally Preferable Alternative. For additional discussion regarding the alternatives considered b y the agency in reaching its decision, including the Environmentally Preferable Alternative, see Section IX of this Final Rule. For a discussion of the environmental impacts associated with each alternative, see Ch apters 3 and 4 of the FEIS. 

### C. **Factors Balanced b**  **y NHTSA i**  **n Mak ing**  **it s Decision**  For discussion of the factors balanced b y NHTSA in making its decision, see Section s III, VIII and IX of this Final Rule.

579 E missions of fine particulate matter (PM 2.5 ) and d iesel particulate m atter (DPM) for Alternative 5 are forecast to be lower than under other action alternatives under all analysis years, but slightly high er than under the No Action Alternative in analysis years 2030 and 2050. See FEIS Tables 3.5.2 - 1 and 3.5.2 - 5. This anomaly results from the agencies’ assumptions regarding the percent of all long - haul tractors that use an APU rather than the truck’s engine as a pow er source during extended idling (discussed further in FEIS Section 3.2.4.1).***** E.O. 12866 Review**
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### D. **How the Factors and Considerations Balanced by NHTSA Entered into its Decision**  For discussion of how the factors and considerations balanced by the agency entered into NHTSA’s Decision, see S ections III, VIII and IX of this Final Rule. 

### E. **The Agency’s Preferences a**  **mong Alternatives Based on Relevant Factors, Including Economic and Technical Considerations and**  **Agency Statutory Missions** For discussion of the agency ’s preferences among alternatives based on relevant factors, including economic and technical considerations, see Section VIII and IX of this Final Rule. 

### F. **Mitigation** The CEQ regulations specify that a ROD must “state whether all practicable means to avoid or minimize environmental harm from the alternative selected have been adopted, and if not, wh y they were not.” 49 CFR § 1505.2(c). The majority of the environmental effects of NHTSA’s action are pos itive, i.e., beneficial environmental impacts, and would not raise issues of mitigation. E missions of criteria and toxic air pollutants are generall y projected to decrease under the final standards under all anal ys is ye ars as compared to their levels unde r the No Action Alternative. Anal ys is of the environmental trends reported in the FEIS indicates that the only exceptions to this decline are emissions of PM 2.5 , DPM , and 1,3 - butadiene in some analysis years. See Chapter 5 of the FEIS. The agency forecas ts these emissions increases because, under all the alternatives anal yz ed in the EI S, increase in vehicle use due to improved fuel e fficiency is projected to result in growth in total miles traveled by HD vehicles . The growth in travel outpaces emissions reductions for some pollutants, resulting in projected i ncreases for these pollutants. In addition, NHTSA’s NEPA anal ys is predicted increases in emissions of air toxic and criteria pollutants to occur under certain alternatives based on assumptions about the use of Auxiliary Power Units (APUs). For example, NHTSA’s NEPA anal ys is assumes that some manufacturers will install anti - idling technologies (including APUs) on some vehicle classes to meet the requirements of the rule and that drivers’ subsequent use of those APUs will result in an increase in emissions of some criteria and toxic air pollutants. NHTSA’s authorit y to promulgate new fuel e fficienc y standards for HD vehicles is limited and does not allow regulation of vehicle emissions or of factors affe cting vehicle emissions, including driving habits and APU usage . Consequentl y, under the HD Fuel Efficiency

Improvement P rogram, NHTSA must set standards but is unable to take steps to mitigate the impacts of these standards. Chapter 5 of the FEIS outlin es a number of other initiatives across government that could ameliorate the environmental impacts of motor vehicle use, including the use of HD vehicles.***** E.O. 12866 Review**
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## XII. **Statutory and Executive Order Reviews (1)**  **Executive Order 12866: Regulatory Planning and Revie w**  Under section 3(f)(1) of Executive Order 12866 (58 FR 51735, October 4, 1993), this action is an “economically significant regulatory

action” because it is likely to have an annual effect on the economy of $100 million or more. Accordingl y, the agencies s ubmitted this action to the Office of Management and Budget (OMB) for review under Executive Order 12866 and any changes made in response to OMB recommendations have been documented in the docket for this action. The agencies are also subject to Executive Order 13563 (76 FR 3821, January 21, 2011) and NHTSA is subject to the Department of Transportation’s Regulatory Policies and Procedures . T h e s e final rule s are also significant within the meaning of the DOT Regulatory

Policies and Procedures. Executive O rder 12866 additionall y require s NHTSA to submit this action to OMB for review and document an y changes made in response to OMB recommendations . In addition, the agencies prepared an anal ys is of the potential costs , fuel savings, and benefits associated wi th this action. This analysis is contained in the Regulatory Impact Anal ys is, which is available in the docket for these rules and at the docket internet address listed under **ADDRESSES** above and is briefl y summarized in Table XII - 1 .

**Table XII**  **- 1**  **: Estimated Lifetime Discounted Costs, Benefits, and Net Benefits** 

**for 2014**  **- 2018 Model Year**  **HD Vehicles a,b**  **( Billion**  **200 9**  **$ )**  Lifeti me Present V alue c

– 3% Discount Rate Program Costs $ 8.1 Fuel Savings $ 50 Benefits $ 7.3 Net Benefits d $49

Annualized V alue e

– 3% Discount Rate Annualized Costs $0.4 Fuel Savings $2.2 Annualized Benefits $0.4 Net Benefits d $2.2

Lifetime Present V alue c - 7% Discount Rate Program Costs $ 8.1 Fuel Savings $ 34 Benefits $6.7 Net Benefits d $ 33

Annualized V alue e

– 7% Discount Rate Annualized Costs $0.6 Fuel Savings $2.6 Annualized Benefits $0.5 Net Benefits d $2.5 N ote s:***** E.O. 12866 Review**
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556 of 971 a The agencies estimated the benefits associated with four different values of a one ton CO 2 reduction ( mo del average at 2.5% discount rate, 3%, and 5%; 95 th percentile at 3% ), which each increase over time. F or the purposes of this overview presentation of estimated costs and benefits , however, we are showing the benefits associated with the marginal value deemed to be central by the interagency working group on this topic: the mo del average at 3% discount rate , in 200 9 dollars. Section VIII.F provides a complete li st of values for the 4 estimates . b Note that net present value of reduced GHG emissions is calculated differently than other benefits. The same discount rate used to discount the value of damages from future emissions (SCC at 5, 3, and 2.5 percent) is used to calculate net present value of SCC for internal consistency. Refer to Section VIII.F for more detail . c Present value is the total, aggregated amount that a series of monetized costs or benefits that occur over time is worth now (in year 2009 dollar terms), discounting future values to the present. d Net benefits reflect the fuel savings plus benefits minus costs. e T he annualized value is the constant annual value through a given time period (2012 through 2050 in this analysis) whose summed present value equals the present value from which it was derived . **(2) National Environmental Policy Act**  Under NEPA, a Federal agency must prepare an Environmental Impact Statement (EI S) on proposed actions that could significantl y impact the quality of the human environment. The requirement is designed to serve three major functions: (1) to provide the decis ionmaker(s) with a detailed description of the potential environmental impacts of a proposed action prior to its adoption, (2) to rigorously explore and evaluate all reasonable alternatives, and (3) to inform the public of, and allow comment on, such efforts. In addition, the CEQ regulations emphasize agency cooperation earl y in the NEPA process and allow a lead agency (in this case, NHTSA) to request the assistance of other agencies that either have jurisdiction by law or have special expertise regarding issues considered in an EIS. 580 At NHTSA’s request, both EPA and the Federal Motor Carrier Safet y Administration (FMCSA) agreed to act as cooperating agencies in the preparation of the EIS. EPA has special expertise in climate change and air quality , and FMCSA has special expertise regarding HD vehicles . NHTSA, in cooperation with EPA and FMCSA , prepared a DE IS , solicited public comments in writing and in public hearing s , and prepared an FEIS responding to those comments. Specificall y, in June 2010 , NHTS A published a Notice of Intent to prepare an EI S for proposed HD fuel efficiency standards. 581 See 40 CFR § 1501.7. On October 29, 2010 , EPA issued its Notice of Availabilit y of the DEI S, 582 triggering a public comment period. See 40 CFR § 1506.10. T he pub lic was invited to submit written comments on

580 40 CFR § 1501.6. 581 See Notice of Intent to Prepare an Environmental Impact Statement for New Medium - and Heavy - Duty Fuel Efficiency Improvement Program, 75 FR 33565 (June 14, 2010). 582 Environmental Impact Statements; Notice of Availability, 75 FR 66756 (Oct. 29, 2010); NHTSA also published a separate Notice of Availability describing the program in greater detail, 75 FR 68312 (Nov. 5, 2010).***** E.O. 12866 Review**
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557 of 971 the DEI S until January

3, 2011 . NHTSA mailed (both electronicall y and through regular U.S. mail) copies of the DEI S to interested parties, including federal, state, and local officials and agencies; elected of ficials ; environmental and public interest groups; Native American tribes; and other interested individuals. NHTSA and EPA held two hearings on the proposed rule s and the EI S, the first on November 15, 2010 in Chicago, I llinois, and the second on November 18, 2010 in Cambridge, Massachusetts. NHTSA received 3,048 written comments to the DEI S and the NPRM . The transcript from the public hearing and written comments submitted to NHTSA are part of the administrative record and are available on the Federal Docket, which can be found online at http://www.regulations.gov , Reference Docket No. NHTSA - 2010 - 00 79 . NHTSA reviewed and analyzed all comments received during the public comment period and revised the FEIS in response to comments on the EI S where appropriate. 583 On June 20, 2011 , NHTSA submitted the FEIS to EPA. NHTSA also mailed (both electronically

and through regular U.S. mail) the FEIS to interested parties and posted the FEIS on its website, http://www.nhtsa.gov/ f uel - econom y. On June 24, 201 1 , EPA published a Notice of Availability of the FEIS in the Federal Register . 584 The FEIS anal yz e s and disclose s the potential environmental impacts of the proposed HD fuel efficiency standards pursuant to the Nationa l Environmental Policy Act (NEPA), the CEQ regulations implementing NEPA, DOT Order 5610.1C, and NHTSA regulations. 585 The F EI S compare s the potential environmental impacts of alternative standards considered b y NHTSA for the final rule. It also anal yze s d irect, indirect, and cumulative impacts and anal yz e s impacts in proportion to their significance. See the FE IS and the FEIS Summary for a discussion of the environmental impacts anal yz ed. Docket No. NHTSA - 2011 - 0079. The standards adopted in this Final Rul e have been informed b y anal ys es contained in the Medium - and Heavy -Duty Fuel Efficiency Improvement Program, Final Environmental Impact Statement, Docket No. NHTSA - 20 10 - 00 7 9 (FEIS). For purposes of this rulemaking, the agency referred to an extensive compilation of technical and policy documents available in NHTSA’s EIS/Rulemaking docket and EPA’s docket. NHTSA’s EIS and rulemaking docket and EPA’s rulemaking docket can be found online at http://www.regulations.go v , Reference Docket Nos.: NHTSA - 20 10 - 00 7 9 (EI S and Rulemaking) and EPA - HQ - OAR - 20 10 - 0 162 (EPA Rulemaking). Based on the foregoing, the agency concludes that the environmental analysis and public involvement process complies with NEPA implementing regulati ons issued by CEQ, DOT Order 5610.1C, and NHTSA regulations.

583 The agency also changed the FEIS as a re sult of updated information that became available after issuance of the DEIS. 584 7 6 FR 37111 (June 24, 2011) . 585 NEPA is codified at 42 U.S.C. 4321 - 4347. CEQ NEPA implementing regulations are codified at 40 Code of Federal Regulations (CFR) Parts 1500 - 150 8. NHTSA NEPA implementing regulations are codified at 49 CFR Part 520.***** E.O. 12866 Review**
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558 of 971 (a ) Clean Air Act (CAA) The CAA (42 U.S.C. § 7401) is the primary Federal legislation that addresses air quality . Under the authority of the CAA and subsequent amendments, the EPA has established National Ambient Air Quality Standards (NAAQS) for six criteria pollutants, which ar e relativel y commonplace pollutants that can accumulate in the atmosphere as a result of normal levels of human activity . The EPA is required to review each NAAQS every five years and to change the standards if warranted b y new scientific information. The air qualit y of a geographic region is usuall y assessed b y comparing the levels of criteria air pollutants found in the atmosphere to the applicable NAAQS. Concentrations of criteria pollutants within the air mass of a region are measured in parts of a poll utant per million parts of air (ppm) or in micrograms of a pollutant per cubic meter (μg/m3) of air present in repeated air samples taken at designated monitoring locations. These ambient concentrations of each criteria pollutant are compared to the permis sible levels specified by the NAAQS in order to assess whether the region’s air quality attains the standard . When the measured concentrations of a criteria pollutant within a geographic region are below those permitted by the NAAQS, the region is designat ed by the EPA as an attainment area for that pollutant, while regions where concentrations of criteria pollutants exceed the NAAQS are called nonattainment areas (NAAs). Former NAAs that have attained the NAAQS are designated as maintenance areas. Each NAA is required to develop and implement a State Implementation Plan (SIP), which documents how the region will reach attainment levels within time periods specified in the CAA. In maintenance areas, the SIP documents how the State intends to maintain comp liance with the NAAQS. When EPA changes a NAAQS, States must revise their SIPs to address how they will attain the new standard. Section 176(c) of the CAA prohibits Federal agencies from taking actions in nonattainment or maintenance areas that do not “co nform” to the State Implementation Plan (SIP). The purpose of this conformity requirement is to ensure that Federal activities do not interfere with meeting the emissions targets in the SIPs, do not cause or contribute to new violations of the NAAQS, and d o not impede the ability to attain or maintain the NAAQS. The EPA has issued two sets of regulations to implement CAA Section 176(c):
 The Transportation Conformity Rules (40 CFR Part 93, Subpart A), which apply to transportation plans, programs, and projec ts funded or approved under U.S.C. Title 23 or the Federal Transit Laws (49 U.S.C. Chapter 53). Projects funded b y the Federal Highway Administration (FHWA) or the Federal Transit Administration (FTA) usuall y are subject to transportation conformity . See 40 CFR § 93.102.  The General Conformit y Rules (40 CFR Part 93, Subpart B) appl y to all other federal actions not covered under transportation conformity . The General Conformity

Rule established emissions thresholds, or de minimis levels, for use in evaluating the conformity of a project. If the net emissions increases attributable to the project are less than these thresholds, then the project is***** E.O. 12866 Review**
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559 of 971 presumed to conform and no further conformity evaluation is required. If the emissi ons increases exceed an y of these thresholds, then a conformity determination is required. The conformity determination can entail air quality modeling studies, consultation with EPA and state air quality agencies, and commitments to revise the SIP or to implement measures to mitigate air quality impacts. The final fuel consumption standards and associated program activities are not funded or approved under U.S.C. Title 23 or the Federal Transit Act. Further, NHTSA’s HD Fuel Efficiency

Improvement Program is not a highway or transit project funded or approved b y FHWA or FTA. Accordingl y, the standards and associated rulemakings are not subject to transportation conformity . Under the General Conformity Rule, a conformity

determination is required where a F ederal action would result in total direct and indirect emissions of a criteria pollutant or precursor equaling or exceeding the rates specified in 40 CFR § 93.153(b)(1) and (2) for nonattainment and maintenance areas. As explained below, NHTSA’s action r esults in neither direct nor indirect emissions as defined in 40 CFR § 93.152. The General Conformit y Rule defines direct emissions as those of “a criteria pollutant or its precursors that are caused or initiated by the Federal action and originate in a nonattainment or maintenance area and occur at the same time and place as the action and are reasonabl y foreseeable.” 40 CFR § 93.152. Because NHTSA’s action only sets fuel consumption standards for HD vehicles, it causes no direct emissions within the m eaning of the General Conformity Rule. Indirect emissions under the General Conformity Rule include emissions or precursors: (1) that are caused or initiated b y the Federal action and originate in the same nonattainment or maintenance area but occur at a different time or place than the action; (2) that are reasonabl y foreseeable; (3) that the agency can practicall y control; and (4) for which the agency

has continuing program responsibility . 40 CFR § 93.152. Each element of the definition must be met t o qualify as an indirect emission. NHTSA has determined that, for the purposes of general conformity , emissions that occur as a result of the fuel consumption standards are not caused by NHTSA’s action, but rather occur due to subsequent activities that the agency cannot practicall y control. “[E]ven if a Federal licensing, rulemaking, or other approving action is a required initial step for a subsequent activity

that causes emissions, such initial steps do not mean that a Federal agency can practicall y co ntrol any resulting emissions” (75 FR 17254, 17260; 40 CFR § 93.152). NHTSA cannot control vehicle manufacturers’ production of HD vehicles and consumer purchasing and driving behavior. For the purposes of anal yz ing the environmental impacts of this acti on under NEPA, NHTSA has made assumptions regarding the technologies manufacturers will install and how companies will react to increased fuel efficiency standards. Specifically , NHTSA’s NEPA analy sis predicted increases in air toxic and criteria pollutants to occur in some nonattainment areas under certain alternatives based on assumptions about the use of APUs and the rebound effect. For example, NHTSA’s NEPA anal ys is assumes that some manufacturers will install anti - idling technologies (including APUs) on some vehicle classes to meet the***** E.O. 12866 Review**
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560 of 971 requirements of the program and that drivers’ subsequent use of those APUs will result in an increase in some criteria pollutants. However, neither NHTSA’s nor EPA’s rule s mandate this specific manufacturer decision or driver behavior

– the program does not require that manufacturers install APUs to meet the requirements of the rule, and it does not require drivers to use anti - idling technologies instead of, for example, shutting off all power when parked. Similarly , N HTSA’s NEPA anal ys is assumes a rebound effect, wherein the standards could create an incentive for additional vehicle use by reducing the cost of fuel consumed per mile driven. This rebound effect is an estimate of how NHTSA assumes some drivers will reac t to the rule and is useful for estimating the costs and benefits of the rule, but the agency does not have the statutory authorit y, or the program responsibility , to control, among other items discussed above, the actual vehicle miles traveled b y drivers. Accordingl y, changes in any emissions that result from NHTSA’s HD vehicle Fuel Efficiency Improvement Program are not changes that the agency can practicall y control; therefore, this action causes no indirect emissions and a general conformit y determinat ion is not required. (b ) National Historic Preservation Act (NHPA) The NHPA (16 U.S.C. § 470) sets forth government policy and procedures regarding “historic properties”

—that is, districts, sites, buildings, structures, and objects included in or eligible fo r the National Register of Historic Places (NRHP). See also 36 CFR Part 800. Section 106 of the NHPA requires federal agencies to “take into account” the effects of their actions on historic properties. The agency concludes that the NHPA is not applicab le to NHTSA’s Decision because it does not directl y involve historic properties. The agency

has, however, conducted a qualitative review of the related direct, indirect, and cumulative impacts, positive or negative, of the alternatives on potentially affe cted resources, including historic and cultural resources. See Section 4.5 of the FE IS . (c) Executive Order 12898 (Environmental Justice) Under Executive Order 12898, Federal agencies are required to identify and address an y disproportionately high and advers e human health or environmental effects of its programs, policies, and activities on minority populations and low - income populations. NHTSA complied with this order by identifying and addressing the potential effects of the alternatives on minority and lo w - income populations in Section s 3. 6 and 4.6 of the FEIS, where the agency set forth a qualitative anal ys is of the cumulative effects of the alternatives on these populations. (d ) Fish and W

ildlife Conservation Act (FWCA) The FWCA (16 U.S.C. § 2900) provides financial and technical assistance to States for the development, revision, and implementation of conservation plans and programs for nongame fish and wildlife. In addition, the Act encourages all Federal agencies and departments to utilize their authority to conserve and to promote conservation of nongame fish and wildlife and their habitats. The agency concludes that the FWCA is not applicable to NHTSA’s Decision because it does not directly involve fish and wildlife.***** E.O. 12866 Review**
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561 of 971 (e) Coastal Zone Management Act (CZMA) The Coastal Zone Management Act (16 U.S.C. § 1450) provides for the preservation, protection, development, and (where possible) restoration and enhancement of the nation’s coastal zone resources. Under the statute, States are provided with funds an d technical assistance in developing coastal zone management programs. Each participating State must submit its program to the Secretary of Commerce for approval. Once the program has been approved, an y activity of a Federal agency , either within or outs ide of the coastal zone, that affects an y land or water use or natural resource of the coastal zone must be carried out in a manner that is consistent, to the maximum extent practicable, with the enforceable policies of the State’s program. The agency

co ncludes that the CZMA is not applicable to NHTSA’s Decision because it does not involve an activity within, or outside of, the nation’s coastal zones. The agency

has, however, conducted a qualitative review of the related direct, indirect, and cumulative impacts, positive or negative, of the alternatives on potentially affected resources, including coastal zones. See Section 4.5 of the FE IS . (f ) Endangered Species Act (ESA) Under Section 7(a)(2) of the Endangered Species Act (ESA) federal agencies must ensure that actions they authorize, fund, or carry

out are “not likely

to jeopardize” federally listed threatened or endangered species or result in the destruction or adverse modification of the designated critical habitat of these species. 16 U.S.C. § 1536( a)(2). If a federal agency

determines that an agency action may

affect a listed species or designated critical habitat, it must initiate consultation with the appropriate Service

– the U.S. Fish and Wildlife Service (FWS) of the Department of the Interior and/ or National Oceanic and Atmospheric Administration’s National Marine Fisheries Service (NOAA Fisheries Service) of the Department of Commerce, depending on the species involved

— in order to ensure that the action is not likely to jeopardize the specie s or destroy or adversel y modify

designated critical habitat. See 50 CFR § 402.14. Under this standard, the federal agency

taking action evaluates the possible effects of its action and determines whether to initiate consultation. See 51 FR 19926, 19949 (Jun. 3, 1986). NHTSA received one comment to the Scoping notice for the HD program indicating that the agency should engage in consultation under Section 7 of the ESA when anal yz ing the overall impact of GHG emissions and other air pollutants. NHTSA h as reviewed applicable ESA regulations, case law, guidance, and rulings in assessing the potential for impacts to threatened and endangered species from the HD fuel efficiency standards. Consistent with NHTSA’s determination under the agency ’s most recent light duty fuel econom y rule, NHTSA believes that the agency ’s action, which will result in nationwide fuel savings and, consequentl y, emissions reductions from what would otherwise occur in the absence of the agency ’s action , does not require consultatio n with NOAA Fisheries Service or the FWS under S ection 7(a)(2) of the ESA. For discussion of the agency ’s rationale in the context of the CAFE program , see Appendix G of the FE IS for MYs 2012 - 2016, available at: http://www.nhtsa.gov/fuel - econom y . Accord ingl y, NHTSA has concluded its review of this action under Section 7 of the ESA.***** E.O. 12866 Review**
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562 of 971 (g ) Floodplain Management (Executive Order 11988 & DOT Order 5650.2) These Orders require Federal agencies to avoid the long - and short - term adverse impacts associated with the occupancy and modification of floodplains, and to restore and preserve the natural and beneficial values served by floodplains. Executive Order 11988 also directs agencies to minimize the impact of floods on human safety , health and welfare, and to restor e and preserve the natural and beneficial values served by floodplains through evaluating the potential effects of any actions the agency

may take in a floodplain and ensuring that its program planning and budget requests reflect consideration of flood haz ards and floodplain management. DOT Order 5650.2 sets forth DOT policies and procedures for implementing Executive Order 11988. The DOT Order requires that the agency

determine if a proposed action is within the limits of a base floodplain, meaning it is encroaching on the floodplain, and whether this encroachment is significant. If significant, the agency is required to conduct further anal ys is of the proposed action and an y practicable alternatives. If a practicable alternative avoids floodplain encro achment, then the agency is required to implement it. In this rulemaking, the agency is not occup yi ng, modifying and/or encroaching on floodplains. The agency , therefore, concludes that the Orders are not applicable to NHTSA’s Decision. The agency has, however, conducted a review of the alternatives on potentially

affected resources, including floodplains. See Section 4.5 of the FEIS. (h ) Preservation of the Nation’s Wetlands (Executive Order 11990 & DOT Order 5660.1a) These Orders require Federal agencies to avoid, to the extent possible, undertaking or providing assistance for new construction located in wetlands unless the agency head finds that there is no practicable alternative to such construction and that the proposed action includes all practicable measures to minimize harms to wetlands that may result from such use. Executive Order 11990 also directs agencies to take action to minimize the destruction, loss or degradation of wetlands in “conducting Federal activities and programs affecting land us e, including but not limited to water and related land resources planning, regulating, and licensing activities.” DOT Order 5660.1a sets forth DOT policy

for interpreting Executive Order 11990 and requires that transportation projects “located in or havin g an impact on wetlands” should be conducted to assure protection of the Nation’s wetlands. If a project does have a significant impact on wetlands, an EIS must be prepared. The agency

is not undertaking or providing assistance for new construction locate d in wetlands. The agency , therefore, concludes that these Orders do not apply to NHTSA’s Decision. The agency has, however, conducted a review of the alternatives on potentially

affected resources, including wetlands. See Section 4.5 of the FEI S.***** E.O. 12866 Review**
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563 of 971 (i ) Migra tory Bird Treaty Act (MBTA), Bald and Golden Eagle Protection Act (B GEPA), Executive Order 13186 The MBTA provides for the protection of migratory birds that are native to the United States by

making it illegal for anyone to pursue, hunt, take, attempt to take, kill, capture, collect, possess, buy , sell, trade, ship, import, or export any migratory

bi rd covered under the statute. The statute prohibits both intentional and unintentional acts. Therefore, the statute is violated if an agency acts in a manner that harms a migratory bird, whether it was intended or not. See, e.g., United States v. FMC Co rp. , 572 F.2d 902 (2nd Cir. 1978). The BGEPA (16 U.S.C. § 668) prohibits any form of possession or taking of both bald and golden eagles. Under the BGEPA, violators are subject to criminal and civil sanctions as well as an enhanced penalt y provision for s ubsequent offenses. Executive Order 13186, “Responsibilities of Federal Agencies to Protect Migratory

Birds,” helps to further the purposes of the MBTA by requiring a Federal agency to develop a Memorandum of Understanding (MOU) with the Fish and Wildlif e Service when it is taking an action that has (or is likely to have) a measurable negative impact on migratory

bird populations. The agency

concludes that the MBTA, BGEPA, and Executive Order 13186 do not apply to NHTSA’s Decision because there is no disturbance and/or take involved in NHTSA’s Decision. (j ) Department of Transportation Act (Section 4(f)) Section 4(f) of the Department of Transportation Act of 1966 (49 U.S.C. § 303), as amended b y Pub. Law § 109 - 59, is designed to preserve publicly owned parklands, waterfowl and wildlife refuges, and significant historic sites. Specificall y, Section 4(f) o f the Department of Transportation Act provides that DOT agencies cannot approve a transportation program or project that requires the use of an y publicl y owned land from a significant public park, recreation area, or wildlife and waterfowl refuge, or any land from a significant historic site, unless a determination is made that:

 There is no feasible and prudent alternative to the use of land, and  The program or project includes all possible planning to minimize harm to the propert y resulting from use, or  A transportation use of Section 4(f) propert y results in a de minimis impact. The agency

concludes that the Section 4(f) is not applicable to NHTSA’s Decision because this rulemaking does not require the use of an y publicl y owned land. For a more detail ed discussion, please see Section 3. 1 of the FE IS .***** E.O. 12866 Review**
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564 of 971 **(3) Paperwork**  **Reduction Act** The information collection requirements in these rules have been submitted for approval to OMB under the Paperwork Reduction Act , 44 U.S.C. 3501 et seq . The information collection requirements are not enforceable until OMB approves them . The a genc ies propose to collect information to ensure compliance with the provisions in these rules . This includes a variet y of testing, reporting and recordkeeping requirements for vehicle manufac turers. Section 208(a) of the CAA requires that vehicle manufacturers provide information the Administrator may reasonably

require to determine compliance with the regulations; submission of the information is therefore mandatory . We will consider confid ential all information meeting the requirements of section 208(c) of the CAA . It is estimated that this collection affects approximately 3 4 engine and vehicle manufacturers. The information that is subject to this collection is collected whenever a manu facturer applies for a certificate of conformity . Under section 206 of the CAA (42 U.S.C. 7521), a manufacturer must have a certificate of conformity before a vehicle or engine can be introduced into commerce. The burden to the manufacturers affected b y these rules has a range based on the number of engines and vehicles a manufacturer produces. The total estimated burden associated with these rules is 58,064 hours annually ( See Table XII - 2 ) . T h is estimated burden for engine and vehicle manufacturers is a total estimate for new reporting requirements. Burden is defined at 5 CFR 1320.3(b).

**Table XII**  **- 2**  **: Burden for**  **Reporting and Recordkeeping Requirements** Number of Affected Manufacturers 34 Annual Labor Hours for Each Manufacturer to Prepare and Submit Required Information Varies Total Annual Information Collection Burden 58,064 Hours An agency

may not conduct or sponsor, and a person is not required to respond to a collection of information unless it display s a currently valid OMB control number. The OMB control numbers for EPA ’ s regulations are listed in 40 CFR part 9. When this I CR is approved b y OMB, the ag ency will publish a technical amendment to 40 CFR part 9 in the Federal Register to display the OMB control number for the approved information collection requirements contained in this final action. **(4) Regulatory Flexibility Act**  (a ) Overview The Regulatory

Flex ibility

Act generally

requires an agency

to prepare a regulatory

flexibility

analy sis of any

rule subject to notice and comment rulemaking requirements under the Administrative Procedure Act or an y other statute unless the agency certifies that the rule wi ll not have a significant economic impact on a substantial***** E.O. 12866 Review**
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565 of 971 number of small entities. Small entities include small businesses, small organizations, and small governmental jurisdictions. For purposes of assessing the impacts of these rules on small entities , small entity is defined as: (1) a small business as defined b y S BA regulations at 13 CFR 121.201; (2) a small governmental jurisdiction that is a government of a city, count y, town, school district or special district with a population of less than 50,00 0; and (3) a small organization that is any

not - for - profit enterprise which is independently owned and operated and is not dominant in its field. (b ) Summary of Potentially Affected Small Entities The agencies have not conducted a Regulatory Flexibility

Analy s is for th is action because the agencies are certifying that the se rule s would not have a significant economic impact on a substantial number of small entities. As proposed, the agencies are deferring standards for manufacturers meeting SBA’s definition of small business as described in 13 CFR 121.201 due to the extremely small fuel savings and emissions contribution of these entities , and the short lead time to develop these rules , especiall y with our expectation that the program would need to be structured differentl y for them (which would require more time). The agencies are instead envisioning fuel consumption and GHG emissions standards for these entities as part of a future regulatory action. Th is includes small entities in several distinct categories of businesses for heavy - duty engines and vehicles: chassis manufacturers, combination tractor manufacturers, and alternative fuel engine converters. Based on a preliminary

assessment, the agencies have identified a total of about 17 engine manufacturers, 3 complete pickup truck and van manufacturers, 11 combination tractor manufacturers and 43 heavy - duty chassis manufacturers. Notably , several of these manufacturers produce vehicles in more than j ust one regulatory category ( HD pickup truck s/vans, combination tractors, or vocational vehicles (i.e. heav y - dut y chassi s manufacturers)). Based on the ty pes of vehicles they

manufacture, these companies, however, w ould be subject to slightly different te sting and reporting requirements. Taking this feature of the heavy - duty trucking sector into account, the agencies estimate that although there are fewer than 30 manufacturers covered by the pro gram , there close to 60 divisions with these companies that w ill be subject to the final regulations. Of these, about 15 entities fit the SBA criteri a of a small business. There are approximately three engine converters, two tractor manufacturers, and ten heavy - dut y chassis manufacturers in the heavy - dut y engine and vehicle market that are small businesses. (No major heavy - duty engine manufacturer s, heav y - dut y chassis manufacturers, or tractor manufacturers meet the small - entity criteria as defined by SBA). The agencies estimate that these small entities comprise less than 0.35 percent of the total heav y - dut y vehicle sales in the United States , and therefore the deferment will have a negligible impact on the fuel consumption and GHG emissions reductions from the final standards. To ensure that the agencies are aware of which companies are be ing deferred, the agencies are requiring that such entities submit a declaration to the agencies containing a***** E.O. 12866 Review**
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566 of 971 detailed written description of how that manufacturer qualifies as a small entity under the provisions of 13 CFR 1 21.201. Some small entities, such as heav y - dut y tractor and chassis manufacturers, are not currently covered under criteria pollutant motor vehicle emissions regulations. Small engine entities are currentl y covered b y a number of EPA motor vehicle emissi on regulations, and they routinely submit information and data on an annual basis as part of their compliance responsibilities. Because such entities are not automatically

exempted from other EPA regulations for heav y - duty engines and vehicles, absent suc h a declaration, EPA would assume that the entity was subject to the greenhouse gas control requirements in this program . The declaration to the agencies w ill need to be submitted at the time of either engine or vehicle emissions certification under the H D highway

engine program for criteria pollutants . The agencies expect that the additional paperwork burden associated with completing and submitting a small entity declaration to gain deferral from the final GHG and fuel consumption standards w ill be negli gible and easily done in the context of other routine submittals to the agencies . However, the agencies have accounted for this cost with a nominal estimate included in the Information Collection Request completed under the Paperwork Reduction Act. Addit ional information can be found in the Paperwork Reduction Act discussion in Section XI I. (3) Paperwork Reduction Act . B ased on this, the agencies are certifying that the rule s w il l not have a significant economic impact on a substantial number of small entities. **(5) Unfunded Mandates Reform Act**  Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), P ub . L. 104 - 4, establishes requirements for Federal agencies to assess the effects of their regulatory actions on State, local, and tribal governments and the private sector. Under section 202 of the UMRA, the agencies generally must prepare a written statement, including a cost benefit anal ys is, for proposed and final rules with “Federal mandates” that may result in expenditures to State, local, and tribal governments, in the aggregate, or to the private sector, of $1 00 million or more in any one ye ar. Before promulgating a rule for which a written statement is needed, section 205 of the UMRA generall y requires the agencies to identify and consider a reasonable number of regulatory alternatives and adopt the least costly , most cost - effective or least burdensome alternative that achieves the objectives of the rule. The provisions of section 205 do not apply when they

are inconsistent with applicable law. Moreover, section 205 allows the agencies to adopt an alternative other than the least costl y, most cost - effective or least burdensome alternative if the Administrator (of either agency) publishes with the final rule an explanation why that alternative was not adopted. Before the agencies establish any regulatory

requirements that may

significantly or uniquely

affect small governments, including tribal governments, they must have developed under section 203 of the UMRA a small government agency plan. The plan must provide for notifying pot entiall y affected small governments, enabling officials of affected small governments to have meaningful and timely input in the development of EPA and NHTSA regulat ions with significant Federal intergovernmental mandates, and informing, educating, and adv ising small governments on compliance with the regulatory requirements.***** E.O. 12866 Review**
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567 of 971 These rules contain no Federal mandates (under the regulatory provisions of Title II of the UMRA) for State, local, or tribal governments. The rule s impose no enforceable duty on an y State, local or tribal governments. T he agencies have determined that these rules contain no regulatory requirements that might significantl y or uniquely affect small governments. T he agencies have determined that these rules contain a Federal mandate that may result in expenditures of $ 1 34 million or more for the private sector in any one ye ar. T he agencies believe that the pro gram represents the least costly , most cost effective approach to achieve the statutory requirements of the rule s . Section VII I. L, above, explains why

the agencies believe that the fuel savings that will result from these rules will lead to lower prices economy - wide, improving U.S. international competitiveness. The costs and benefits associated with the pro gram are discussed in more detail above in Section VIII and in the Regulatory Impact Anal ys is, as required b y the UMRA. Table XII - 1 , above, presents the rule - related benefits, fuel savings, costs and net benefits in both present value terms and in annualized terms. In both cases, the discounted values are based on an und erlying time varying stream of cost and benefit values that extend into the future (2012 through 2050). The distribution of each monetized economic impact over time can be viewed in the RIA that accompanies these rules . Present values represent the tota l amount that a stream of monetized costs/ benefits /net benefits that occur over time are worth now (in year 200 9 dollar terms for this anal ys is ), accounting for the time value of money by discounting future values using either a 3 or 7 percent discount rat e, per OMB Circular A - 4 guidance . An annualized value takes the present value and converts it into a constant stream of annual values through a given time period (2012 through 2050 in this analy sis) and thus averages (in present value terms) the annual va lues. The present value of the constant stream of annualized values equals the present value of the underlying time varying stream of values . The ratio of benefits to costs is identical whether it is measured with present values or annualized values. It is important to note that annualized values cannot simply be summed over time to reflect total costs/benefits/net benefits; they must be discounted and summed. Additionally , the annualized value can vary substantially

from the time varyingstream of cost/ benefit/net benefit values that occur in an y gi ven year. **(6) Executive**  **Order 13132 (Federalism)**  This action does not have federalism implications. It will not have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government, as specified in Executive Order 13132. These rules will appl y to manufacturers of motor vehicles and not to state or local governments. Thus, Exec utive Order 13132 does not apply to this action . Although section 6 of Executive Order 13132 does not apply

to this action, the agencies did consult with representatives of state governments in developing this action .***** E.O. 12866 Review**
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568 of 971 NHTSA notes that EPCA contains a provision (49 U.S.C. 32919(a)) that expressly preempts any

State or local government from adopting or enforcing a law or regulation related to fuel econom y standards or average fuel econom y standards for automobiles covered b y an average fuel economy stand ard under 49 U.S.C. Chapter 329. However, commercial medium - and heav y - dut y on - highway vehicles and work trucks are not “automobiles,” as defined in 49 U.S.C. 32901(a)(3). Accordingl y, NHTSA has tentatively

concluded that EPCA’s express preemption provis ion would not reach the fuel efficiency standards to be established in this rulemaking. NHTSA also considered the issue of implied or conflict preemption. The possibility

of such preemption is dependent upon there being an actual conflict between a stan dard established b y NHTSA in this rulemaking and a State or local law or regulation. See Spriestma v. Mercury Marine, 537 U.S. 51, 64 - 65 (2002). At present, NHTSA has no knowledge of an y State or local law or regulation that would actuall y conflict with one of the fuel efficiency

standards be ing established in this rulemaking. **(7) Executive Order**  **13175 (Consultation and Coordination with Indian Tribal**  **Governments)** Th e s e final rule s do not have tribal implications, as specified in Executive Order 13175 (65 F R 67249, November 9, 2000). These rules will be implemented at the Federal level and impose compliance costs onl y on vehicle manufacturers. Tribal governments would be affected onl y to the extent they purchase and use regulated vehicles. Thus, Executive Order 13175 does not apply to these rules . **(8) Executive Order 13045: “Protection of Children from Environmental**  **Health Risks and Safety Risks”** This action is subject to Executive Order 13045 (62 FR 19885, April 23, 1997) because it is an economically signifi cant regulatory

action as defined by Executive Order 12866, and the agencies believe that the environmental health or safety risk addressed b y this action may

have a disproportionate effect on children. A s ynthesis of the science and research regarding ho w climate change may affect children and other vulnerable subpopulations is contained in the Technical Support Document for Endangerment or Cause or Contribute Findings for Greenhouse Gases under s ection 202(a) of the Clean Air Act, which can be found in the public docket for these rules . 586 A summary of the anal ys is is presented below. With respect to GHG emissions, the effects of climate change observed to date and projected to occur in the future include the increased likelihood of more frequent and intense heat waves. Specifically , EPA’s anal ys is of the scientific assessment literatur e has determined that severe heat waves are projected to intensify in magnitude, frequency , and duration over the portions of the United States where these events already occur, with potential increases in mortality and morbidit y, especiall y among the youn g, elderl y, and frail. EPA has estimated reductions in projected global mean surface temperatures as a result of reductions in GHG emissions associated with the final standards in this action 586 See Endangerment TSD, Note 10 , above.***** E.O. 12866 Review**
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569 of 971 (Section II). Children may receive benefits from reductions in GHG emissions because they are included in the segment of the population that is most vulnerable to extreme temperatures. For non - GHG pollutants , EPA has determined that c limate change is expected to increase regional ozone pollution, with associated risk s in respiratory infection, aggravation of asthma, and premature death. The directional effect of climate change on ambient PM levels remains uncertain. However, d isturbances such as wildfires are increasing in the United States and are likel y to intensif y in a warmer future with drier soils and longer growing seasons. PM emissions from forest fires can contribute to acute and chronic illnesses of the respiratory s ys tem, particularl y in children, including pneumonia, upper respiratory diseases, asthma and chronic obstructive pulmonary diseases. **(9) Executive**  **Order 13211 (Energy Effects)** This rulemaking is not a “significant energy action” as defined in Executive Order 13211, “Actions Concerning Regulations That Significantly Affect Energy

Supply , Distribution , or Use” (66 FR 28355 , May 22, 2001) because it is not likely to have a significant adverse effect on the supply , distribution, or use of energy . In fact, these rules have a positive effect on energy suppl y and use. Because the final GHG emission and fu el consumption standards will result in significant fuel savings, these rules encourage more efficient use of fuels. Therefore, we have concluded that these rules are not likely to have an y adverse energy effects. Our energy effects analysis is described above in Section VIII. I . **(10) National Technology Transfer Advancement Act**  Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (“NTTAA”), Public Law No. 104 - 113, 12(d) (15 U.S.C. 272 note) directs the agencies to use voluntary

consens us standards in its regulatory activities unless to do so would be inconsistent with applicable law or otherwise impractical. Voluntary consensus standards are technical standards ( e.g. , materials, specifications, test methods, sampling procedures, and bus iness practices) that are developed or adopted by voluntary

consensus standards bodies. NTTAA directs the agencies to provide Congress, through OMB, explanations when the agencies decide not to use available and applicable voluntary consensus standards. F or CO 2 , N 2 O, and CH 4 emissions and fuel consumption from heav y - dut y engines , the agencies will collect data over the same tests that are used for the heav y - dut y highway engine program for criteria pollutants . This will minimize the amount of testing done by manufacturers, since manufacturers are already required to run these tests. For CO 2 , N 2 O, and CH 4 emissions and fuel consumption from complete pickup trucks and vans , the agencies will collect data over the same tests that are used for EPA’s heav y - dut y highway engine program for criteria pollutants and for the California Air Resources Board . This will minimize the amount of testing done by manufacturers, since manufacturers are already required to run these tests.***** E.O. 12866 Review**
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570 of 971 For CO 2 emissions and fuel c onsumption from heavy - duty combination tractors and vocational vehicles , the agencies will collect data through the use of a simulation model instead of a full - vehicle chassis dy namometer testing . This will minimize the amount of testing done by manufacturers . EPA ’ s compliance assessment tool is based upon well - established engineering and ph ys ics principals that are the basis of general academic understanding in this area, and the foundation of an y d ynamic vehicle simulation model, including the models ci ted b y ICCT in its study . 587 Therefore, the EPA’s compliance assessment tool satisfies the description of a consensus . For the evaluation of tire rolling resistance input to the model, EPA is finalizing to use the I SO 28580 test, a voluntary

consensus meth odology . EPA is adopting several alternatives for the evaluation of aerodyn amics which allows the industry to continue to use their own evaluation tools because EPA does not know of a single consensus standard available for heav y - dut y truck aerod ynamic ev aluation. For air conditioning standard s, EPA is finalizing a consensus methodology developed b y the Societ y of Automotive Engineers (SAE). **(11) Executive Order 12898: Federal Actions to Address Environmental**  **Justice in Minority Populations and Low -**  **Income Po pulations**  Executive Order 12898 (59 FR 7629 , Feb ruary 16, 1994) establishes federal executive policy

on environmental justice. Its main provision directs federal agencies, to the greatest extent practicable and permitted b y law, to make environmental just ice part of their mission by

identifying and addressing, as appropriate, disproportionately high and adverse human health or environmental effects of their programs, policies, and activities on minority

populations and low - income populations in the United States. With respect to GHG emissions, EPA has determined that th ese final rule s will not have disproportionately high and adverse human health or environmental effects on minority or low - income populations because they increase the level of environmental protection for all affected populations without having an y disproportionately high and adverse human health or environmental effects on any population, including any minorit y or low - income population. The reductions in CO 2 and other GHGs associated with the standards will affect climate change projections, and EPA has estimated reductions in projected global mean surface temperatures (Section VI ). Within communities experiencing climate change, certain parts of the pop ulation may be especially vulnerable; these include the poor, the elderly , those already in poor health, the disabled, those living alone, and/or indigenous populations dependent on one or a few resources. 588 In addition, the U.S. Climate Change Science Program stated as one of its conclusions: “The United States is certainly capable of adapting to the collective impacts of climate change. However, there will still be certain individuals and locations where the adaptive capacity is less and these individuals and their communities will be disproportionally

587 ICCT. ICCT Evaluation of Vehi cle Simulation Tools. 2009. 588 See Endangerment TSD, Note 10, above.***** E.O. 12866 Review**
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571 of 971 impacted b y climate change.” 589 Therefore, these specific sub - populations may receive benefits from reductions in GHGs. For non - GHG co - pollutants such as ozone, PM 2.5 , and toxics, EPA has concluded that it is not practicable to determine whether there would be disproportionately high and adverse human health or environmental effects on minority and/or low income populations from these rules . **(12) Congressional**  **Review Act** The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory

Enforcement Fairness Act of 1996, generall y provides that before a rule may take effect, the agency

promulgating the rule must submit a rule report, which includes a cop y of the rule, to each House of the Congress and to the Comptroller General of the United States. The agencies will submit a report containing th e s e rule s and other required information to the U.S. Senate, the U.S. House of Representati ves, and the Comptroller General of the United States prior to publication of the rule s in the Federal Register. A Major rule cannot take effect until 60 day s after it is published in the Federal Register. This action is a “major rule” as defined by 5 U. S.C. 804( 2). These rules will be effective **[Insert date 60 days after publication in the Federal Register]** , sixty day s after date of publication in the **Federal Register** . **(13) Privacy**  **Act** Anyone is able to search the electronic form of all comments received into any of our dockets b y the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an organization, business, labor union, etc.). You may rev iew DOT’s complete Privacy Act statement in the Federal Register (65 FR 19477

– 78, April 11, 2000) or you may visit http://www.dot.gov/privacy .html . 

## XIII. **Statutory Provisions**  **and Legal Authority**  **A. EPA**  Statutory authori ty for the vehicle controls in these rules is found in CAA section 202(a) (which requires EPA to establish standards for emissions of pollutants from new motor vehicles and engines which emissions cause or contribute to air pollution which may reasonably

b e anticipated to endanger public health or welfare), sections 202(d), 203 - 209, 216, and 301 of the CAA , 42 U.S.C. 7521 (a), 7521 (d), 7522, 7523, 7524, 7525, 7541, 7542, 7543, 7550, and 7601.

589 CCSP (2008 ) Analyses of the effects of global change on human health and welfare and human systems . A Report by the U.S. Climate Change Science Program and the Subcommittee on Global Change Research. [Gam ble, J.L. (ed.), K.L. Ebi, F.G. Sussman, T.J. Wilbanks, (Authors)]. U.S. Environmental Protection Agency, Washington, DC, USA.***** E.O. 12866 Review**
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572 of 971 

### B. **NHTSA** Statutory authorit y for the fuel consumption standards in these rules is found in EI SA section 103 (which authorizes a fuel efficiency improvement program, designed to achieve the maximum feasible improvement to be created for commercial medium - and heav y - dut y on - highway

vehicles and work trucks, to include appro priate test methods, measurement metrics, standards, and compliance and enforcement protocols that are appropriate, cost - effective and technologically feasible) of the Energy

Independence and Security Act of 2007, 49 U.S.C. 32902(k). 

### List of Subjects 40 CF R Part 85 Confidential business information, Imports, Labeling, Motor vehicle pollution, Reporting and recordkeeping requirements, Research, Warranties. 40 CFR Part 86 Administrative practice and procedure, Confidential business information, Incorporation by reference, Labeling, Motor vehicle pollution, Reporting and recordkeeping requirements. 40 CFR Part 600 Administrative practice and procedure, Electric power, Fuel economy , Incorporation by reference, Labeling, Reporting and recordkeeping requirements. 40 CFR Parts 1033 Administrative practice and procedure, Air pollution control . 40 CFR Parts 1036 and 1037 Administrative practice and procedure, Air pollution control, Confidential business information, Environmental protection, Incorporation by reference, Labeling, Motor vehicle pollution, Reporting and recordkeeping requirements, Warranties. 40 CFR Part 1039 Environmental protection, Administrative practice and procedure, Air pollution control, Confidential business information , Imports, Labeling, Penalties, Reporting and recordkeeping requirements, Warranties. 40 CFR Parts 1065 and 1066 Administrative practice and procedure, Air pollution control, Reporting and recordkeeping requirements, Research. 40 CFR Part 1068 Environmental protection, Administrative practice and procedure, Confidential business information, Imports, Incorporation by reference, Motor vehicle pollution, Penalties, Reporting and recordkeeping requirements, Warranties.***** E.O. 12866 Review**
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573 of 971 49 CFR Parts 523, 534, and 535 Fuel Ef ficiency **Environmental Protection Agency 40 CFR Chapter I**  For the reasons set forth in the preamble, the Environmental Protection Agency is amending 40 CFR chapter I of the Code of Federal Regulations as follows: **PART 85 --**  **CONTROL OF AIR POLLUTION FROM MO BILE SOURCES**  1. The authorit y citation for part 85 continues to read as follows: Authority : 42 U.S.C. 7401 - 7671q. **Subpart F —**  **[Amended]** 2. Section 85.525 is revised to read as follows: **§ 85.525 Applicable standards.** To qualify

for an exemption from the tampering prohibition, vehicles/engines that have been converted to operate on a different fuel must meet emission standards and related requirements as follows: (a) The modified vehicle/engine must meet the requirements that applied for the OEM vehicle/engine, or the most stringent OEM vehicle/engine standards in any allowable grouping. Fleet average standards do not appl y unless clean alternative fuel conversions are specificall y listed as subject to the standards. (1) If the vehicle/engine was certified with a Fam ily Emission L imit for NO X , NO X+HC, or particulate matter, as noted on the vehicle/engine emission control information label, the modified vehicle/engine may not exceed this Family Emission Limit. (2) Compliance with greenhouse gas emission standards is de monstrated as follows: (i) Subject to the following exceptions and special provisions, compliance with light - duty vehicle greenhouse gas emission standards is demonstrated by complying with the N 2 O and CH 4 standards and provisions set forth in 40 CFR 86.18 18

– 12(f)(1) and the in - use CO 2 exhaust emission standard set forth in 40 CFR 86.1818

– 12(d) as determined b y the OEM for the subconfiguration that is identical to the fuel conversion emission data vehicle (EDV). (A) If the OEM complied with the light - duty greenhouse gas standards using the fleet averaging option for N 2 O and CH 4 , as allowed under 40 CFR 86.1818

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574 of 971 require the input of grams/mile values for N 2 O and CH 4 , and you are not required t o demonstrate compliance with the standalone CH 4 and N 2 O standards. (B) If the OEM complied with alternate standards for N 2 O and/or CH 4 , as allowed under 40 CFR 86.1818

– 12(f)(3), you may demonstrate compliance with the same alternate standards. (C) If the OEM complied with the nitrous oxide (N 2 O) and methane (CH 4 ) standards and provisions set forth in 40 CFR 86.1818

– 12(f)(1) or 40 CFR 86.1818

– 12(f)(3), and the fuel conversion CO 2 measured value is lower than the in - use CO 2 exhaust emission standard, you al so have the option to convert the difference between the in - use CO 2 exhaust emission standard and the fuel conversion CO 2 measured value into GHG equivalents of CH 4 and/or N 2 O, using 298 g CO 2 to represent 1 g N 2 O and 25 g CO 2 to represent 1 g CH 4 . You may then subtract the applicable converted values from the fuel conversion measured values of CH 4 and/or N 2 O to demonstrate compliance with the CH 4 and/or N 2 O standards. (ii) Compliance with heavy - duty engine greenhouse gas emission standards is demonstrat ed b y compl yi ng with the CO 2 , N 2 O, and CH 4 standards (or FELs, as applicable) and provisions set forth in 40 CFR 1036.108 for the engine family that is represented b y the fuel conversion emission data engine (EDE). If the fuel conversion CO 2 measured val ue is lower than the CO 2 standard (or FEL, as applicable), you have the option to convert the difference between the CO 2 standard (or FEL, as applicable) and the fuel conversion CO 2 measured value into GHG equivalents of CH 4 and/or N 2 O, using 298 g/hp - hr CO 2 to represent 1 g/hp hr N 2 O and 25 g/hp - hr CO 2 to represent 1 g/hp - hr CH 4 . You may then subtract the applicable converted values from the fuel conversion measured values of CH 4 and/or N 2 O to demonstrate compliance with the CH 4 and/or N 2 O standards (or FEL, as applicable). (3) Conversion s ys tems for engines that would have qualified for chassis certification at the time of OEM certification may use those procedures, even if the OEM did not. Conversion manufacturers choosing this option must designate tes t groups using the appropriate criteria as described in this subpart and meet all vehicle chassis certification requirements set forth in 40 CFR part 86, subpart S. (b) [Reserved] **Subpart P —**  **[Amended]** 3. Section 85.1511 is revised to read as follows: **§ 85.1511 Exemptions and exclusions.**  (a) Individuals, as well as certificate holders, shall be eligible for importing vehicles into the United States under the provisions of this section, unless otherwise specified.***** E.O. 12866 Review**
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575 of 971 (b) Notwithstanding an y other requirements of th is subpart, a motor vehicle or motor vehicle engine entitled to a temporary exemption under this paragraph (b) may be conditionally

admitted into the United States if prior written approval for such conditional admission is obtained from the Administrator. Conditional admission shall be under bond. A written request for approval from the Administrator shall contain the identification required in § 85.1504(a)(1) (except for § 85.1504(a)(1)(v)) and information that indicates that the importer is entitled to the exemption. Noncompliance with provisions of this section may result in the forfeiture of the total amount of the bond or exportation of the vehicle or engine. The following temporary exemptions are permitted by this paragraph (b): (1) Exemption for repa irs or alterations . Vehicles and engines may qualify for a temporary

exemption under the provisions of 40 CFR 1068.325(a). Such vehicles or engines may

not be registered or licensed in the United States for use on public roads and highway s. (2) Testing ex emption . Vehicles and engines may qualify for a temporary

exemption under the provisions of 40 CFR 1068.325(b). Test vehicles or engines may be operated on and registered for use on public roads or highway s provided that the operation is an integral part o f the test. (3) Precertification exemption . Prototy pe vehicles for use in appl yi ng to EPA for certification may

be imported by

independent commercial importers subject to applicable provisions of 40 CFR 85.1706 and the following requirements: (i) No more than one prototy pe vehicle for each engine family for which an independent commercial importer is seeking certification shall be imported by each independent commercial importer. (ii) Unless a certificate of conformity is issued for the prototy

pe vehicle, the total amount of the bond shall be forfeited or the vehicle must be exported within 180 day s from the date of entry . (4) Display

exemptions . Vehicles and engines may qualify for a temporary exemption under the provisions of 40 CFR 1068.325(c). Display vehicles or engines may

not be registered or licensed for use or operated on public roads or highway s in the United States, unless an applicabl e certificate of conformity has been received. (c) Notwithstanding an y other requirements of this subpart, a motor vehicle or motor vehicle engine may

be finally

admitted into the United States under this paragraph (c) if prior written approval for such fi nal admission is obtained from the Administrator. Conditional admission of these vehicles is not permitted for the purpose of obtaining written approval from the Administrator. A request for approval shall contain the identification information required i n § 85.1504(a)(1) (except for § 85.1504(a)(1)(v)) and information that indicates that the importer is entitled to the exemption or exclusion. The following exemptions or exclusions are permitted by this paragraph (c):***** E.O. 12866 Review**
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576 of 971 (1) National securit y exemption . Vehic les may be imported under the national securit y exemption found at 40 CFR 1068.315(a). Only persons who are manufacturers may

import a vehicle under a national securit y exemption. (2) Hardship exemption . The Administrator may exempt on a case - by - case basis certain motor vehicles from Federal emission requirements to accommodate unforeseen cases of extreme hardship or extraordinary circumstances. Some examples are as follows: (i) Handicapped individuals who need a special vehicle unavailable in a certified c onfiguration; (ii) Individuals who purchase a vehicle in a foreign country where resale is prohibited upon the departure of such an individual; (iii) Individuals emigrating from a foreign country to the U.S. in circumstances of severe hardship. (d) Foreign diplomatic and military personnel may

import nonconforming vehicles without bond. At the time of admission, the importer shall submit to the Administrator the written report required in § 85.1504(a)(1) (except for information required b y § 85.1504(a)(1)(v )). Such vehicles may not be sold in the United States. (e) Racing vehicles may

be imported by

any person provided the vehicles meet one or more of the exclusion criteria specified in § 85.1703. Racing vehicles may not be registered or licensed for use on or operated on public roads and highway s in the United S tates. (f) The following exclusions and exemptions apply based on date of original manufacture: (1) Notwithstanding an y other requirements of this subpart, the following motor vehicles or motor vehicle engines are excluded from the requirements of the Act in accordance with section 216(3) of the Act and may be imported by

any person: (i) Gasoline - fueled light - duty vehicles and light - duty

trucks originall y manufactured prior to January 1, 1968. (ii) Diesel - fueled light - duty vehicles originally

manufactured p rior to January 1, 1975. (iii) Diesel - fueled light - duty trucks originall y manufactured prior to January 1, 1976. (iv) Motorcycles originally manufactured prior to January 1, 1978. (v) Gasoline - fueled and diesel - fueled heav y - duty engines originally

manufactured prior to January

1, 1970.***** E.O. 12866 Review**
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577 of 971 (2) Notwithstanding an y other requirements of this subpart, a motor vehicle or motor vehicle engine not subject to an exclusion under paragraph (f)(1) of this section but greater than twent y OP years old is entitled to an exe mption from the requirements of the Act, provided that it is imported into the United States by a certificate holder. At the time of admission, the certificate holder shall submit to the Administrator the written report required in § 85.1504(a)(1) (except for information required by § 85.1504(a)(1)(v)). (g) Applications for exemptions and exclusions provided for in paragraphs (b) and (c) of this section shall be mailed to the Designated Compliance Officer (see 40 CFR 1068.30). (h) Vehicles conditionally or finally admitted under this section must still comply with all applicable requirements, if any , of the Energy Tax Act of 1978, the Energy Policy and Conservation Act and any other Federal or state requirements. **Subpart R**

**— [Amended]**  4. Section 85.1701 is revised to read as follows: **§ 85.1701 General applicability.** (a) The provisions of this subpart regarding exemptions are applicable to new and in - use motor vehicles and motor vehicle engines, except as specified in this paragraph (a). (1) Beginning January

1, 2014 the exemption provisions of 40 CFR part 1068, subpart C, apply

for heavy - dut y motor vehicles and engines, except that the competition exemption of 40 CFR 1068.235 and the hardship exemption provisions of 40 CFR 1068.245, 10 68.250, and 1068.255 do not apply for motor vehicle engines. (2) Prior to January

1, 2014, the provisions of §§85.1706, 85.1707, 85.1708, and 85.1709 apply

for heavy - duty

motor vehicle engines. (b) The provisions of this subpart regarding exclusion are a pplicable after the effective date of these regulations. (c) References in this subpart to engine families and emission control sy stems shall be deemed to appl y to durability groups and test groups as applicable for manufacturers certifying new light - dut y vehicles, light - dut y trucks, and Otto - cycle complete heav y - duty vehicles under the provisions of 40 CFR part 86, subpart S. (d) In a given model year, manufacturers of motor vehicles and motor vehicle engines may ask us to approve the use of administrative or compliance procedures specified in 40 CFR part 1068 instead of the comparable procedures that apply for vehicles or engines certified under this part or 40 CFR part 86. **Subpart T —**  **[Amended]** 5. Section 85.1901 is revised to read as follows:***** E.O. 12866 Review**
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578 of 971 **§ 85.1901 A pplicability.**  Except as specified in this section, the requirements of this subpart shall be applicable to all 1972 and later model year vehicles and engines. The requirement to report emission related defects affecting a given class or category of vehicle s or engines shall remain applicable for five ye ars from the end of the model year in which such vehicles or engines were manufactured. Manufacturers of heavy - duty motor vehicle engines may comply with the defect reporting requirements of 40 CFR 1068.501 instead of the requirements of this subpart. **PART 86 --**  **CONTROL OF EMISSIONS FROM NEW AND IN -**  **USE HIGHWAY VEHICLES AND ENGINES**  6. The authorit y citation for part 86 continues to read as follows: Authority : 42 U.S.C. 7401 - 7671q. 7. Section 86.1 is amended by adding paragraphs (b)(2)(xli) and (b)(2)(xlii) and removing and reserving paragraph (b)(4)(i)(A) to read as follows: **§ 86.1 Reference materials.** * * * * * (b) * * * (2) * * * (xli) SAE J1711, Recommended Practice for Measuring the Exhaust Emissions and Fuel Economy of Hy brid - Electric Vehicles, Including Plug - In Hy brid Vehicles, June 2010, IBR approved for § 86.1811 - 04(n). (xlii) SAE J1634, Electric Vehicle Energy Consumption and Range Test Procedure, Cancelled October 2002, IBR approved for § 86.1811 - 04(n). * * * * * (4) * * * (i) * * * (A) [Reserved] * * * * * **Subpart A**
**– [Amended]**  8. Section 86.010 - 18 is amended by adding paragraphs (j)(1)(ii)(E) and (q) to read as follows: § 86.010 - 18 On - board Diagnostics for engines used in applications greater than 14,000 pounds GVWR. * * * * * (j) * * * (1) * * ****** E.O. 12866 Review**
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579 of 971 (ii) * * * (E) For h ybrid engine families with projected U.S. - directed production volume of less than 5,000 engines, the manuf acturers are onl y required to test one engine - hy brid combination per famil y. * * * * * (q) Optional phase - in for hy brid vehicles. This paragraph (q) applies for model y ear 2013 - 2015 engines when used with hy brid powertrain sy stems. It also applies fo r model ye ar 2016 engines used with hy brid powertrain sy stems that were offered for sale prior to January 1, 2013, as specified in paragraph (q)(4) of this section. Manufacturers choosing to use the provisions of this paragraph (q) must submit an annual p re - compliance report to EPA for model years 2013 and later, as specified in paragraph (q)(5) of this section. Note that all hy

brid powertrain sy stems must be fully compliant with the OBD requirements of this section no later than model ye ar 2017. (1) If an engine - hy

brid sy stem has been certified by the California Air Resources Board with respect to its OBD requirements and it effectively meets the full OBD requirements of this section, all equivalent sy stems must meet those same requirements and may not be certified under this paragraph (q). For purposes of this paragraph (q)(1), an engine hy brid s ys tem is considered to be equivalent to the certified s ys tem if it uses the same basic design (e.g. displacement) for the engine and primary hy brid components (s ee paragraph (q)(4) of this section). Equivalent s ys tems may have minor hardware or calibration differences. (2) As of 2013, if an engine - hy brid s ys tem has not been certified to meet the full OBD requirements of this section, it must comply with the follo wing requirements: (i) The engine in its installed configuration must meet the EMD and EMD+ requirements in 13 CCR § 1971.1(d)(7.1.4) of the California Code of Regulations. For purposes of this paragraph (q), a given EMD requirement is deemed to be met if the engine’s OBD s ys tem addresses the same function. This allowance does not apply for OBD monitors or diagnostics that have been modified under paragraph (q)(2)(ii) of this section. (ii) The engine - hy

brid s ystem must maintain existing OBD capability for engines where the same or equivalent engine has been OBD certified. An equivalent engine is one produced by the same engine manufacturer with the same fundamental design, but that may have hardware or calibration differences that do not impact OBD functi onality , such as slightly different displacement, rated power, or fuel s ys tem. (Note that engines with the same fundamental design will be presumed to be equivalent unless the manufacturer demonstrates that the differences effectivel y preclude appl yi ng equivalent OBD s ys tems.) Though the OBD capability

must be maintained, it does not have to meet detection thresholds (as described in Tables 1 and 2 of this section) and in - use performance frequency requirements (as described in paragraph (d) of this sectio n). A manufacturer may***** E.O. 12866 Review**
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580 of 971 modify detection thresholds to prevent false detection, and must indicate all deviations from the originally certified package with engineering justification in the certification documentation. (iii) This paragraph (q)(2)(iii) appl ies for derivatives of hy brid powertrain sy stem designs that were offered for sale prior to January 1, 2013. Until these sy stems achieve full OBD certification, they must at a minimum maintain all fault detection and diagnostic capability included on simi lar sy stems offered for sale prior to 2013. Manufacturers choosing to use the provisions of this paragraph (q)(2) must keep copies of the service manuals (and similar documents) for these previous model years to show the technical description of the sy ste m’s fault detection and diagnostic capabilities. (iv) You must submit an annual pre - compliance report to EPA for model y ears 2013 and later, as specified in paragraph (q)(5) of this section. (3) Engine - hy

brid sy stems may

be certified to the requirements o f paragraph (q)(2) of this section by

the engine manufacturer, the hy brid sy stem manufacturer, or the vehicle manufacturer. If engine manufacturers certify the engine hy

brid s ys tem, they

must provide detailed installation instructions. Where the engine m anufacturer does not specificall y certify

its engines for use in hy

brid vehicles under this paragraph (q), the hy brid s ys tem manufacturer and vehicle manufacturer must install the engine to conform to the requirements of this section (i.e., full OBD) or re certify under paragraph (q)(2) of this section. (4) The provisions of this paragraph (q) appl y for model year 2016 engines where you demonstrate that the h ybrid powertrain s ys tem used is a derivative of a design that was offered for sale prior to January 1 , 2013. In this case, you may ask us to consider the original s ys tem and the later s ys tem to be the same model for purposes of this paragraph (q), unless the s ys tems are fundamentall y different. In determining whether such sy stems are derivative or fundamentally different, we will consider factors such as the similarity of the following: (i) Transmissions. (ii) Hy brid machines (where “hy brid machine” means any s ys tem that is the part of a h ybrid vehicle system that captures energy from and returns energy to the powertrain). (iii) Hy brid architecture (such as parallel or series). (iv) Motor/generator size, controller/CPU (memory or inputs/outputs), control algorithm, and batteries. This paragraph (q)(4)(iv) applies only if all of these are modified simultaneously . (5) Manufacturers choosing to use the provisions of this paragraph (q) must submit an annual pre - compliance report to EPA for model y ears 2013 and later. Engine manufacturers must submit this report with their engine certification information. Hy brid***** E.O. 12866 Review**
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581 of 971 manufacturers that are not certifying the engine - hy brid sy stem must submit their report by June 1 of the model year, or at the time of certification if they choose to certify . In clude the following in the report: (i) A description of the manufacturer’s product plans and of the engine - hy brid sy stems being certified. (ii) A description of activities undertaken and progress made b y the manufacturer towards achieving full OBD certification, including monitoring, diagnostics, and standardization. (i ii) For model ye ar 2016 engines, a description of your basis for applying the provision of this paragraph (q) to the engines. 9. A new § 86.012 - 2 is added to subpart A to read as follows: **§ 86.012 -**  **2 Definitions.** The definitions of §86.010

–2 continue to app ly to model year 2010 and later model year vehicles. The definitions listed in this section apply beginning with model year 2012. Urban bus means a passenger - carrying vehicle with a load capacit y of fifteen or more passengers and intended primarily for intracit y operation, i.e., within the confines of a city or greater metropolitan area. Urban bus operation is characterized by short rides and frequent stops. To facilitate this ty pe of operation, more than one set of quick - operating entrance and exit doors w ould normally be installed. Since fares are usually paid in cash or tokens, rather than purchased in advance in the form of tickets, urban buses would normally have equipment installed for collection of fares. Urban buses are also ty picall y characterized b y the absence of equipment and facilities for long distance travel, e.g., rest rooms, large luggage compartments, and facilities for stowing carry - on luggage. 10. A new § 86.016 - 1 is added to subpart A to read as follows: **§ 86.016 -**  **1 General applicability.** (a) Applicability . The provisions of this subpart generall y appl y to 2005 and later model ye ar new Otto - cycle heavy - dut y engines used in incomplete vehicles and vehicles above 14,000 pounds GVWR and 2005 and later model y ear new diesel - cycle heavy - duty engin es. In cases where a provision applies only to a certain vehicle group based on its model year, vehicle class, motor fuel, engine t ype, or other distinguishing characteristics, the limited applicability

is cited in the appropriate section or paragraph. The provisions of this subpart continue to generall y appl y to 2000 and earlier model year new Otto - cycle and diesel - cycle light - duty vehicles, 2000 and earlier model year new Otto - cycle and diesel - cycle light - dut y trucks, and 2004 and earlier model year new O tto - cycle complete heav y - dut y vehicles at or below 14,000 pounds GVWR. Provisions generally applicable to 2001 and later model year new Otto - cycle and diesel - cycle light - dut y vehicles, 2001 and later model ye ar new Otto - cycle and diesel - cy cle light - dut y tr ucks, and 2005 and***** E.O. 12866 Review**
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582 of 971 later model year Otto - cy cle complete heav y - dut y vehicles at or below 14,000 pounds GVWR are located in subpart S of this part. (b) Optional applicability . A manufacturer may request to certify

an y incomplete Otto cycle heavy - dut y vehicle of 14,000 pounds Gross Vehicle Weight Rating or less in accordance with the provisions for Otto - cycle complete heav y - dut y vehicles located in subpart S of this part. Heavy - duty engine or heavy - duty

vehicle provisions of this subpart A do not apply

to such a vehicle. (c) Otto - cycle heavy - duty engines and vehicles . The following requirements apply to Otto - cycle heavy - dut y engines and vehicles: (1) Exhaust emission standards according to the provisions of § 86.008 - 10 or § 86.1816, as applicable. (2) On - board diagnostics requirements according to the provisions of § 86.007

– 17 or § 86.1806, as applicable. (3) Evaporative emission standards as follows: (i) Evaporative emission standards for complete vehicles according to the provisions of §§ 86.1810 and 86.1816. (ii) For 2013 and earlier model y ears, evaporative emission standards for incomplete vehicles according to the provisions of § 86.008 - 10, or §§ 86.1810 and 86.1816, as applicable. (iii) For 2014 and later model years, evaporative emission standards for in complete vehicles according to the provisions of §§ 86.1810 and 86.1816, or 40 CFR part 1037, as applicable. (4) Refueling emission requirements for Otto - cycle complete vehicles according to the provisions of §§ 86.1810 and 86.1816. (d) Non - petroleum fuel ed vehicles . The standards and requirements of this part appl y to model year 2016 and later non - petroleum fueled motor vehicles as follows: (1) The standards and requirements of this part apply as specified for vehicles fueled with methanol, natural gas, and LPG. (2) The standards and requirements of subpart S of this part apply as specified for light - duty vehicles and light - dut y trucks. (3) The standards and requirements of this part applicable to methanol - fueled heavy duty vehicles and engines (including flexible fuel vehicles and engines) apply to heav y - dut y vehicles and engines fueled with an y oxygenated fuel (including flexible fuel vehicles and engines). Most significantl y, this means that the h ydrocarbon standards appl y as NMHCE and the vehicles and engines must be tested using the***** E.O. 12866 Review**
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583 of 971 applicable ox ygenated fuel according to the test procedures in 40 CFR part 1065 applicable for ox ygenated fuels. For purposes of this paragraph (d), ox ygenated fuel means an y fuel containing at least 50 volume percent ox yg enated compounds. For example, a fuel mixture of 85 gallons of ethanol and 15 gallons of gasoline is an oxygenated fuel, while a fuel mixture of 15 gallons of ethanol and 85 gallons of gasoline is not an ox ygenated fuel. (4) The standards and requirements of subpart S of this part applicable to heavy - duty vehicles under 14,000 pounds GVWR apply to all heav y - dut y vehicles powered solely by electricit y, including plug - in electric vehicles and solar - powered vehicles. Use good engineering judgment to appl y th ese requirements to these vehicles, including appl yi ng these provisions to vehicles over 14,000 pounds GVWR. Electric heav y - dut y vehicles may not generate NO X or PM emission credits. Heavy - duty vehicles powered solel y by electricit y are deemed to have ze ro emissions of regulated pollutants. (5) The standards and requirements of this part applicable to diesel - fueled heavy - dut y vehicles and engines apply to all other heavy - dut y vehicles and engines not otherwise addressed in this paragraph (d). (6) See 40 C FR parts 1036 and 1037 for requirements related to greenhouse gas emissions. (7) Manufacturers may

voluntarily

certify to the standards of paragraphs (d)(3) through (5) of this section before model y ear 2016. Note that other provisions in this part requir e compliance with the standards described in paragraphs (d)(1) and (2) of this section for model y ears before 2016. (e) Small volume manufacturers . Special certification procedures are available for any manufacturer whose projected combined U.S. sales of l ight - dut y vehicles, light - dut y trucks, heav y - duty

vehicles, and heavy - dut y engines in its product line (including all vehicles and engines imported under the provisions of 40 CFR 85.1505 and 85.1509 of this chapter) are fewer than 10,000 units for the mode l year in which the manufacturer seeks certification. To certify

its product line under these optional procedures, the small volume manufacturer must first obtain the Administrator's approval. The manufacturer must meet the eligibility

criteria specified i n § 86.098 - 14(b) before the Administrator's approval will be granted. The small - volume manufacturer's certification procedures are described in § 86.098 - 14. (f) Optional procedures for determining exhaust opacity . (1) The provisions of subpart I of this part apply to tests which are performed by the Administrator, and optionally , by

the manufacturer. (2) Measurement procedures, other than those described in subpart I of this part, may be used b y the manufacturer provided the manufacturer satisfies the requi rements of § 86.007 - 23(f).***** E.O. 12866 Review**
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584 of 971 (3) When a manufacturer chooses to use an alternative measurement procedure, it has the responsibility

to determine whether the results obtained by the procedure will correlate with the results which would be obtained from the me asurement procedure in subpart I of this part. Consequently , the Administrator will not routinely approve or disapprove an y alternative opacit y measurement procedure or an y associated correlation data which the manufacturer elects to use to satisfy the dat a requirements for subpart I of this part. (4) If a confirmatory

test is performed and the results indicate there is a s ys tematic problem suggesting that the data generated under an optional alternative measurement procedure do not adequately correlate with data obtained in accordance with the procedures described in subpart I of this part, EPA may require that all certificates of conformity

not already

issued be based on data obtained from procedures described in subpart I of this part. 11. Section 86.090 - 2 is amended by revising the definition of “primary intended service class” to read as follows: **§ 86.090 -**  **2 Definitions.** * * * * * Primary intended service class has the meaning given in 40 CFR 1036.140. * * * * * **Subpart B**
**– [Amended]**  12. Section 86.144 - 94 is amended by adding paragraphs (b)(11) and (c)(10) to read as follows: **§ 86.144 -**  **94 Calculations; exhaust emissions.** * * * * * (b) * * * (11) Nitrous Oxide Mass: V mix x Density N2O x (N 2 O conc /1,000,000) (c) * * * (10)(i) N 2 O mass =Nitrous oxide emissions, in grams per test phase. (ii) Density

N2O =Density

of nitrous oxide is 51.81 g/ft 3 (1.83 kg/m 3 ), at 68 °F (20 °C) and 760 mm Hg (101.3kPa) pressure. (iii)(A) N 2 O conc =Nitrous oxide concentration of the dilute exhaust sample corrected for bac kground, in ppm. (B) N 2 O conc =N 2 O e - N 2 O d (1 - (1/DF)). Where:***** E.O. 12866 Review**
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585 of 971 N 2 O e =Nitrous oxide concentration of the dilute exhaust sample as measured, in ppm. N 2 O d= Nitrous oxide concentration of the dilution air as measured, in ppm. * * * * * **Subpart F**
**– [Amended]**  13. Section 86.544 - 90 is amended by adding paragraphs (b)(8) and (c)(8) to read as follows: **§ 86.544 -**  **90 Calculations; exhaust emissions.** * * * * * (b) * * * (8) Nitrous Oxide Mass: V mix x Density N2O x (N 2 O conc /1,000,000) (c) * * * (8)(i) N 2 O mass =Nitrous oxide emiss ions, in grams per test phase. (ii) Density

N2O =Density

of nitrous oxide is 51.81 g/ft 3 (1.83 kg/m 3 ), at 68 °F (20 °C) and 760 mm Hg (101.3kPa) pressure. (iii)(A) N 2 O conc =Nitrous oxide concentration of the dilute exhaust sample corrected for background, in ppm. (B) N 2 O conc =N 2 O e - N 2 O d (1 - (1/DF)). Where: N 2 O e =Nitrous oxide concentration of the dilute exhaust sample as measured, in ppm. N 2 O d= Nitrous oxide concentration of the dilution air as measured, in ppm. * * * * * **Subpart N**
**– [Amended]**  14. Section 86.1305 - 2010 is amended b y revising paragraph (b) to read as follows: **§ 86.1305 -**  **2010 Introduction; structure of subpart.** * * * * * (b) Use the applicable equipment and procedures for spark - ignition or compression ignition engines in 40 CFR part 1065 to determine whether engines meet the duty - cycle emission standards in subpart A of this part. Measure the emissions of all regulated***** E.O. 12866 Review**
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586 of 971 pollutants as specified in 40 CFR part 1065. Use the duty cycles and procedures specified in §§86.1333

–2010, 86.1360

–2007, and 86.1362

–2010. Adjust emission results from engines using aftertreatment technology with infrequent regeneration events as described in §86.004

–28. * * * * * **Subpart S**
**– [Amended]**  **§ 86.1806**  **- 01**  **— [Amended]**  15. Section 86.1806 - 01 is amended b y removing and reserving paragr aph (b)(8)(ii). **§ 86.1806**  **- 05**  **— [Amended]**  16. Section 86.1806 - 05 is amended b y removing and reserving paragraph (b)(8)(ii). 17. Section 86.1811 - 04 is amended b y revising paragraph (n) to read as follows: **§ 86.1811 -**  **04 Emission standards for light -**  **duty vehicles, lig ht**  **- duty trucks and**  **medium -**  **duty passenger vehicles.** * * * * * (n) Hy brid electric vehicle (HEV) and Zero Emission Vehicle (ZEV) requirements . For FTP and SFTP exhaust emissions, manufacturers must measure emissions from all HEVs and ZEVs according to the pr ocedures specified in SAE J1711 and SAE J1634, respectivel y (incorporated by reference in § 86.1). * * * * * 18. Section 86.1818 - 12 is amended b y revising paragraph (f) to read as follows: **§ 86.1818**  **- 12 Greenhouse gas emission standards for light**  **- duty vehicles**  **, light -**  **duty trucks, and medium**  **- duty passenger vehicles.**  * * * * * (f) Nitrous oxide (N 2 O) and methane (CH 4 ) exhaust emission standards for passenger automobiles and light trucks. Each manufacturer's fleet of combined passenger automobile and light trucks must comply with N 2 O and CH 4 standards using either the provisions of paragraph (f)(1), (f)(2), or (f)(3) of this section. Except with prior EPA approval, a manufacturer may not use the provisions of both paragraphs (f)(1) and (f)(2) of this section in a m odel y ear. For example, a manufacturer may not use the provisions of paragraph (f)(1) of this section for their passenger automobile fleet and the provisions of paragraph (f)(2) for their light truck fleet in the same model year. The manufacturer may use the provisions of both paragraphs (f)(1) and (f)(3) of this section in a model ye ar. For example, a manufacturer may meet the N 2 O standard in paragraph (f)(1)(i) of***** E.O. 12866 Review**
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587 of 971 this section and an alternative CH 4 standard determined under paragraph (f)(3) of this secti on. Use of the provisions in paragraph (f)(3) is limited to the 2012 through 2016 model years. (1) Standards applicable to each test group . (i) Exhaust emissions of nitrous oxide (N 2 O) shall not exceed 0.010 grams per mile at full useful life, as measured according to the Federal Test Procedure (FTP) described in subpart B of this part. Manufacturers may optionally

determine an alternative N 2 O standard under paragraph (f)(3) of this section. (ii) Exhaust emissions of methane (CH 4 ) shall not exceed 0.030 grams per mile at full useful life, as measured according to the Federal Test Procedure (FTP) described in subpart B of this part. Manufacturers may optionally

determine an alternative CH 4 standard under paragraph (f)(3) of this section. (2) Include N 2 O and CH 4 in fleet averaging program . Manufacturers may elect to not meet the emission standards in paragraph (f)(1) of this section. Manufacturers making this election shall include N 2 O and CH 4 emissions in the determination of their fleet average carbon - related exhaust emissions, as calculated in subpart F of part 600 of this chapter. Manufacturers using this option must include both N 2 O and CH 4 full useful life values in the fleet average calc ulations for passenger automobiles and light trucks. Use of this option will account for N 2 O and CH 4 emissions within the carbon - related exhaust emission value determined for each model type according to the provisions of part 600 of this chapter. This opt ion requires the determination of full useful life emission values for both the Federal Test Procedure and the Highway Fuel Econom y Test. Manufacturers selecting this option are not required to demonstrate compliance with the standards in paragraph (f)(1) of this section. (3) Optional use of alternative N 2 O and/or CH 4 standards. Manufacturers may select an alternative standard applicable to a test group, for either N 2 O, CH 4 , or both. For example, a manufacturer may

choose to meet the N 2 O standard in par agraph (f)(1)(i) of this section and an alternative CH 4 standard in lieu of the standard in paragraph (f)(1)(ii) of this section. The alternative standard for each pollutant must be greater than the applicable exhaust emission standard specified in paragr aph (f)(1) of this section. Alternative N 2 O and CH 4 standards appl y to emissions measured according to the Federal Test Procedure (FTP) described in Subpart B of this part for the full useful life, and become the applicable certification and in - use emissi on standard(s) for the test group. Manufacturers using an alternative standard for N 2 O and/or CH 4 must calculate emission debits according to the provisions of paragraph (f)(4) of this section for each test group/alternative standard combination. Debits must be included in the calculation of total credits or debits generated in a model year as required under § 86.1865 - 12(k)(5). For flexible fuel vehicles (or other vehicles certified for multiple fuels) you must meet these alternative standards when teste d on an y applicable test fuel t ype. (4) CO 2 - equivalent debits . CO 2 - equivalent debits for test groups using an alternative N 2 Oand/or CH 4 standard as determined under paragraph (f)(3) of this section shall be calculated according to the following equation and rounded to the nearest megagram:***** E.O. 12866 Review**
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588 of 971 Debits = [GWP x (Production) x (AltStd

– Std) x VLM] / 1,000,000 Where: Debits = N 2 O or CH 4 CO 2 - equivalent debits for a test group using an alternative N 2 O or CH 4 standard; GWP = 25 if calculating CH 4 debits and 298 if calculating N 2 O debits; Production = The number of vehicles of that test group domestically produced plus those imported as defined in §600.511

– 80 of this chapter; AltStd = The alternative standard (N 2 O or CH 4 ) selected b y the manufacturer under paragraph (f)(3) of this section; Std = The exhaust emission standard for N 2 O or CH 4 specified in paragraph (f)(1) of this section; and VLM = 195,264 for passenger automobiles and 225,865 for light trucks. 19. Section 86.1823 - 08 is amended b y revising paragraphs (m)(1)( i), (m)(2), (m)(3), and (m)(4) to read as follows: **§ 86.1823 -**  **08 Durability demonstration procedures for exhaust emissions.** * * * * * (m) * * * (1) * * * (i) Unless otherwise specified under paragraph (m)(1)(ii) of this section, manufacturers may use a multiplicative CO 2 deterioration factor of one or an additive deterioration factor of zero to determine full useful life emissions for the FTP and HFET tests. * * * * * (2) N 2 O and CH

4 . (i) For manufacturers compl yi ng with the FTP emission standards for N 2 O and CH 4 specified in §86.1818

– 12(f)(1) or determined under §86.1818

– 12 (f)(3), FTP - based deterioration factors for N 2 O and CH 4 shall be determined according to the provisions of paragraphs (a) through (l) of this section. (ii) For manufacturers complyin g with the fleet averaging option for N 2 O and CH 4 as allowed under §86.1818

– 12(f)(2), deterioration factors based on FTP testing shall be determined and may

be used to determine full useful life emissions for the FTP and HFET tests. The manufacturer may at its option determine separate deterioration factors for the FTP and HFET test cycles, in which case each FTP test performed on the durability data vehicle selected under §86.1822

– 01 of this part must also be accompanied by an HFET test. (iii) For the 2012 through 2014 model years onl y, manufacturers may use alternative deterioration factors. For N 2 O, the alternative deterioration factor to be used to adjust***** E.O. 12866 Review**
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589 of 971 FTP and HFET emissions is the deterioration factor determined for NO X emissions according to the pro visions of this section. For CH 4 , the alternative deterioration factor to be used to adjust FTP and HFET emissions is the deterioration factor determined for NMOG or NMHC emissions according to the provisions of this section. (3) Other carbon - related exhaust emissions . FTP - based deterioration factors shall be determined for carbon - related exhaust emissions (CREE), hydrocarbons, and CO according to the provisions of paragraphs (a) through (l) of this section. The FTP - based deterioration factor shall be used to determine full useful life emissions for both the FTP (city) and HFET (highway) test cycles. The manufacturer may at its option determine separate deterioration factors for the FTP and HFET test cycles, in which case each FTP test performed on the dura bility data vehicle selected under §86.1822 of this part must also be accompanied b y an HFET test. In lieu of determining emission - specific deterioration factors for the specific h ydrocarbons of CH 3 OH (methanol), HCHO (formaldeh yd e), C 2 H 5 OH (ethanol), and C 2 H 4 O (acetaldeh yd e) as may be required for some alternative fuel vehicles, manufacturers may use the additive or multiplicative deterioration factor determined for (or derived from, using good engineering judgment) NMOG or NMHC emissions according to the provisions of this section. (4) Air Conditioning leakage and efficiency or other emission credit requirements to comply with exhaust CO2 standards . Manufactures will attest to the durability of components and s ys tems used to meet the CO 2 standards. Manufac turers may submit engineering data to provide durability demonstration. Deterioration factors do not apply to emission - related components and sy stems used to generate air conditioning leakage and/or efficiency

credits. 20. Section 86.1844 - 01 is amended b y rev ising paragraph (d)(15) to read as follows: **§ 86.1844 -**  **01 Information requirements: Application for certification and submittal of information upon request.**  * * * * * (d) * * * (15)(i) For HEVs and EVs, describe the recharging procedures and methods for d etermining battery

performance, such as state of charge and charging capacity . (ii) For vehicles with fuel - fired heaters, include the information specified in this paragraph (d)(15)(ii). Describe the control s ys tem logic of the fuel - fired heater, includin g an evaluation of the conditions under which it can be operated and an evaluation of the possible operational modes and conditions under which evaporative emissions can exist. Use good engineering judgment to establish an estimated exhaust emission rate from the fuel - fired heater in grams per mile. Describe the testing used to establish the exhaust emission rate. * * * * * 21. Section 86.1863 - 07 is revised to read as follows:***** E.O. 12866 Review**
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590 of 971 **§ 86.1863 -**  **07 Chassis certification for diesel vehicles.** (a) A manufacturer may

opt ionally

certify heav y - duty

diesel vehicles 14,000 pounds GVWR or less to the standards specified in § 86.1816. Such vehicles must meet all the requirements of this subpart S that are applicable to Otto - cycle vehicles, except for evaporative, refueling, and OBD requirements where the diesel - specific OBD requirements would apply. (b) For OBD, diesel vehicles optionally certified under this section are subject to the OBD requirements of § 86.1806. (c) Diesel vehicles certified under this section may be tested using the test fuels, sampling sy stems, or anal yt ical sy stems specified for diesel engines in subpart N of this part or in 40 CFR part 1065. (d) Diesel vehicles optionally certified under this section to the standards of this subpart may not be included in any

averaging, banking, or trading program for criteria emissions under this part. (e) The provisions of § 86.004

–40 apply to the engines in vehicles certified under this section. (f) Diesel vehicles may

be certified under this section to the standards applicable to model year 2008 in earlier model years. (g) Diesel vehicles optionally certified under this section in model years 2007, 2008, or 2009 shall be included in phase - in calculations specified in § 86.007

– 11(g). (h) Diesel vehicles subject to the standards of 40 CFR 1037.104 are subject to the provisions of this subpart as specified in 40 CFR 1037.104. (i) Non - petroleum fueled complete vehicles subject to the standards and requirements of this part under §86.016 - 01(d)(5) are subject to the provisions of this section applicable to diesel - fueled heav y - duty

vehicles. 22. Section 86.1865 - 12 is amended b y adding paragraphs (k)(5)(iv), and b y revising paragraphs (l)(1)(i i )(F), and (l)(2)(i) to read as follows: **§ 86.1865**  **- 12**  **How to comply with the fle et average CO**  **2 standards.**  * * * * * (k) * * * (5) * * * (iv) N 2 O and/or CH 4 CO 2 - equivalent debits accumulated according to the provisions of § 86.1818 - 12(f)(4). * * * * ****** E.O. 12866 Review**
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591 of 971 (l) * * * (1) * * * (i i ) * * * (F) Carbon - related exhaust emission standard, N 2 O em ission standard, and CH 4 emission standard to which the passenger car or light truck is certified. * * * * * (2) * * * (i) Each manufacturer must submit an annual report. The annual report must contain for each applicable CO 2 standard, the calculated fleet average CO 2 value, all values required to calculate the CO 2 emissions value, the number of credits generated or debits incurred, all the values required to calculate the credits or debits, and the resulting balance of credits or debits. For each applicabl e alternative N 2 O and/or CH 4 standard selected under the provisions of § 86.1818 - 12(f)(3), the report must contain the N 2 O and/or CH 4 CO 2 - equivalent debits calculated according to § 86.1818 - 12(f)(4) for each test group and all values required to calculate the number of debits incurred. * * * * * **PART 600 —**  **FUEL ECONOMY AND GREENHOUSE GAS EXHAUST EMISSIONS OF MOTOR VEHICLES**  23. The authorit y citation for part 600 continues to read as follows: Authority : 49 U.S.C. 32901

—23919q, Pub. L . 109

– 58. **Subpart A** **— [Amended]**  24. Section 600.011 is amended by revising paragraph (c)(3) to read as follows: **§ 600.011 Incorporation by reference.** * * * * * (c) * * * (3) SAE J1711, Recommended Practice for Measuring the Exhaust Emissions and Fuel Economy of Hy brid - Electric Vehicles, Including Plug - In Hy brid Vehicles, June 2010, IBR approved for §§ 600.114 - 12(c) and (f), 600.116

– 12(b), and 600.311 - 12(d), (j), and (k). * * * * * **Subpart B —**  **[Amended]** 25. Section 600.114 - 12 is amended b y revising paragraphs (c), (e)(2)(ii), and (f) to read as follows:***** E.O. 12866 Review**
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592 of 971 **§ 600.114 -**  **12 Vehicle**  **- specific 5**  **- cycle fuel economy and carbon**  **- related exhaust**  **emission calculations.** * * * * * (c) Fuel economy calculations for hybrid electric vehicles. Test h ybrid electric vehicles as described in SAE J1711 (incorpo rated by reference in § 600.011). For FTP testing, this generall y involves emission sampling over four phases (bags) of the UDDS (cold - start, transient, warm - start, transient); however, these four phases may be combined into two phases (phases 1 + 2 and ph ases 3 + 4). Calculations for these sampling methods follow: * * * * * (e) * * * (2) * * * (ii) Determine the 5 - cycle highway carbon - related exhaust emissions according to the following formula:



###   Start CREE Running CREE Hi ghway CREE 0. 905   Where: 

###  

 

60 StartCREE 13637 . 1 A 005515 . 0 33 . 0 StartCREE 75      

###   75 75 75 CREE 3 Bag CREE 1 Bag 3.6 CREE Start



  

###     

###         

###   CREE US06 1357 . 0 A 00540 . 0 133 . 0 377 . 0 CREE HF ET 0.21 CREE Highway US06 79 . 0 007 . 1 CREE Running           

* * * * * (f) CO2 and carbon - related exhaust emissions calculations for hybrid electric vehicles. Test hy brid electric vehicles as described in SAE J1711 (incorporated by reference in § 600.011). For FTP testing, this generall y involves emission sampling over four phases (bags) of the UDDS (cold - start, transient, warm - start, transient); however, these four phases may

be combined into two phases (phases 1 + 2 and phases 3 + 4). Calculati ons for these sampling methods follow: * * * * * 26. Section 600.115 - 11 is amended b y revising the introductory text to read as follows: **§ 600.115 -**  **11 Criteria for determining the fuel economy label calculation method.** This section provides the criteria to dete rmine if the derived 5 - cycle method for determining fuel economy label values, as specified in § 600.210

– 08(a)(2) or (b)(2) or § 600.210

– 12(a)(2) or (b)(2), as applicable, may be used to determine label values. Separate criteria appl y to city and highway f uel economy

for each test group. The***** E.O. 12866 Review**
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593 of 971 provisions of this section are optional. If this option is not chosen, or if the criteria provided in this section are not met, fuel econom y label values must be determined according to the vehicle - specific 5 - cycle meth od specified in § 600.210

– 08(a)(1) or (b)(1) or § 600.210

– 12(a)(1) or (b)(1), as applicable. However, dedicated alternative - fuel vehicles, dual fuel vehicles when operating on the alternative fuel, plug - in hy brid electric vehicles while operating in charge - depleting mode, MDPVs, and vehicles imported by Independent Commercial Importers may use the derived 5 - cycle method for determining fuel econom y label values whether or not the criteria provided in this section are met. Manufacturers may

alternatively

ac count for this effect by multiplying 2 - cycle fuel econom y values b y 0.7 and dividing 2 - cycle CO 2 emission values by 0.7. * * * * * 27. Section 600.116 - 12 is amended b y adding paragraph (a)(6) and revising the equation for UF

i in paragraph (b)(4) to read as fol lows: **§ 600.116 -**  **12 Special procedures related to electric vehicles and plug -**  **in hybrid electric vehicles.**  (a) * * * (6) All label values related to fuel econom y, energy consumption, and range must be based on 5 - cycle testing or on values adjusted to be equi valent to 5 - cycle results. (b) * * * (4) * * *

1 1 1 1 e xp j

k n

i i j i j i d UF C U F ND                   



         

      

##  

* * * * * **Subpart C —**  **[Amended]** 28. Section 600.210 - 12 is amended b y revising paragraph (d)(3)(ii) to read as follows: **§ 600.210 -**  **12 Calculation of fuel economy and CO**  **2 emission values for labeling.**  * * * * * (d) * * * (3) * * * (ii) Multiply

2 - cycle fuel econom y values b y 0.7 and divide 2 - cycle CO 2 emission values by 0.7. * * * * ****** E.O. 12866 Review**
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594 of 971 **Subpart D —**  **[Amended]** 29. Section 600.302 - 12 is amended b y revising paragraph (e)(4) to rea d as follows: **§ 600.302 -**  **12 Fuel economy label** **— general provisions.**  (e) * * * (4) Insert a slider bar in the right portion of the field to characterize the vehicle’s level of emission control for ozone - related air pollutants relative to that of all vehicle s. Position a box with a downward - pointing wedge above the slider bar positioned to show where that vehicle's emission rating falls relative to the total range. Include the vehicle’s emission rating (as described in § 600.311) inside the box. Include th e number 1 in the border at the left end of the slider bar; include the number 10 in the border at the right end of the slider bar and add the term “Best” below the slider bar, directly under the number. EPA will periodically

calculate and publish updated range values as described in § 600.311. Add color to the slider bar such that it is blue at the left end of the range, white at the right end of the range, and shaded continuously across the range. * * * * * 30. Section 600.311 - 12 is amended b y revising par agraph (f) to read as follows: **§ 600.311**
**– 12 Determination of values for fuel economy labels.**  * * * * * (f) Fuel savings. Calculate an estimated five - ye ar cost increment relative to an average vehicle b y multiplying the annual fuel cost from paragraph (e) of this section by 5 and subtracting this value from the average five - year fuel cost. We will calculate the average five - ye ar fuel cost from the annual fuel cost equation in paragraph (e) of this section based on a gasoline - fueled vehicle with a mean fuel econom y value, consistent with the value dividing the 5 and 6 ratings under paragraph (d) of this section. The average fi ve ye ar fuel cost for model year 2012 is $12,600 for a 22 - mpg vehicle that drives 15,000 miles per y ear with gasoline priced at $3.70 per gallon. We may periodically

update this five year reference fuel cost for later model y ears to better characterize the fuel econom y for an average vehicle. Round the calculated five - ye ar cost increment to the nearest $50. Negative values represent a cost increase compared to the average vehicle. * * * * * **PART 1033 —**  **CONTROL OF EMISSIONS FROM LOCOMOTIVES** 31. The authorit y ci tation for part 1033 continues to read as follows: Authority : 42 U.S.C. 7401 - 7671q.***** E.O. 12866 Review**
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595 of 971 **Subpart G**

**— [Amended]**  32. Section 1033.625 is amended by revising paragraph (a)(2) to read as follows: **§ 1033.625 Special certification provisions for non -**  **locomotive -**  **specific engines.**  * * * * * (a) * * * (2) The engines were certified to PM, NO X , and h ydrocarbon standards that are numericall y lower than the applicable locomotive standards of this part. * * * * * 33. A new part 1036 is added to subchapter U to read as follows: **PA RT 1036**  **-- CONTROL OF EMISSIONS FROM NEW AND IN**  **- USE HEAVY**  **** **DUTY HIGHWAY ENGINES** Subpart A

— Overview and Applicability Sec. 1036.1 Does this part apply for m y engines? 1036.2 Who is responsible for compliance? 1036.5 Which engines are excluded from this part’s requirements? 1036.10 How is this part organized? 1036.15 Do an y other regulation parts apply to me? 1036.30 Submission of information. Subpart B

—Emission Standards and Related Requirements 1036.100 Overview of exhaust emission standards. 1036. 108 Greenhouse gas emission standards. 1036.115 Other requirements. 1036.130 Installation instructions for vehicle manufacturers. 1036.135 Labeling. 1036.140 Primary

intended service class.***** E.O. 12866 Review**
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596 of 971 1036.150 Interim provisions. Subpart C

— Certifying Engine F amilies 1036.205 What must Iinclude in my application? 1036.210 Preliminary

approval before certification. 1036.225 Amending m y application for certification. 1036.230 Selecting engine families. 1036.235 Testing requirements for certification. 1036. 241 Demonstrating compliance with greenhouse gas pollutant standards. 1036.250 Reporting and recordkeeping for certification. 1036.255 What decisions may EPA make regarding m y certificate of conformity? Subpart D

— [Reserved] Subpart E

— In - use Testing 1036.401 In - use testing. Subpart F

—Test Procedures 1036.501 How do I run a valid emission test? 1036.525 Hy

brid engines. 1036.530 Calculating greenhouse gas emission rates.***** E.O. 12866 Review**
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597 of 971 Subpart G

— Special Compliance Provisions 1036.601 What compliance provis ions appl y to these engines? 1036.610 Innovative technology credits and adjustments for reducing greenhouse gas emissions. 1036.615 Engines with Rankine cycle waste heat recovery and h yb rid powertrains. 1036.620 Alternate CO 2 standards based on model y e ar 2011 compression ignition engines. Subpart H

—

Averaging, Banking, and Trading for Certification 1036.701 General provisions. 1036.705 Generating and calculating emission credits. 1036.710 Averaging. 1036.715 Banking. 1036.720 Trading. 1036.725 What must Iinclude in my application for certification? 1036.730 ABT reports. 1036.735 Recordkeeping. 1036.740 Restrictions for using emission credits. 1036.745 End - of

- ye ar CO 2 credit deficits. 1036.750 What can happen if I do not compl y with the provisions of this subpart? 1036.755 Information provided to the Department of Transportation. Subpart I

—Definitions and Other Reference Information***** E.O. 12866 Review**
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598 of 971 1036.801 Definitions. 1036.805 Sy

mbols, acrony

ms, and abbreviations. 1036.810 Incorporation by referenc e. 1036.815 What provisions apply to confidential information? 1036.820 Requesting a hearing. 1036.825 Reporting and recordkeeping requirements. Authority : 42 U.S.C. 7401 - 7671q. **Subpart A —**  **Overview and Applicability § 1036.1 Does this**  **part apply for my engines?** (a) Except as specified in § 1036.5, the provisions of this part apply to all new 2014 model year and later heavy - dut y engines. This includes engines fueled b y conventional and alternative fuels. (b) This part does no t apply with respect to exhaust emission standards for HC, CO, NO **X** , or PM except that the provisions of §1 036.601 apply . **§ 1036.2 Who is responsible for compliance?** The regulations in this part 1036 contain provisions that affect both engine manufacturers and others. However, the requirements of this part are generally addressed to the engine manufacturer. The term "you" generall y means the engine manufacturer, especiall y for issues related to certification. **§ 1036.5 Which engines are exclud ed from this part’s requirements?**  (a) The provisions of this part do not apply to engines used in medium - duty passenger vehicles that are subject to regulation under 40 CFR part 86, subpart S, except as specified in 40 CFR part 86, subpart S an d §1036.108(a)(4). For example, this exclusion applies for engines used in vehicles certified to the standards of 40 CFR 1037.104.***** E.O. 12866 Review**
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599 of 971 (b) Engines installed in heav y - dut y vehicles that do not provide motive power are nonroad engines. The provisions of this p art therefore do not appl y to these engines. See 40 CFR parts 1039, 1048, or 1054 for other requirements that apply for these auxiliary engines. See 40 CFR part 1037 for requirements that may appl y for vehicles using these engines, such as the evaporativ e emission requirements of 40 CFR 1037.103. (c) The provisions of this part do not apply to aircraft or aircraft engines. Standards apply separatel y to certain aircraft engines, as described in 40 CFR part 87. (d) The provisions of this part do not apply to engines that are not internal combustion engines. For example, the provisions of this part do not apply to fuel cells. (e) The provisions of this part do not apply to engines used in heav y - duty vehicles that are subject to light - dut y greenhouse gas standards under 40 CFR part 86, subpart S, except as specified in 40 CFR part 86, subpart S and §1036.108(a)(4). **§ 1036.10 How is this part organized?** This part 1036 is divided into the following subparts: (a) Subpart A of this part defines the a pplicability

of this part 1036 and gives an overview of regulatory

requirements. (b) Subpart B of this part describes the emission standards and other requirements that must be met to certify

engines under this part. Note that § 1036.150 describes certain interim requirements and compliance provisions that apply onl y for a limited time. (c) Subpart C of this part describes how to apply for a certificate of conformity . (d) [Reserved] (e) Subpart E of this part describes provisions for testing in - use engines. (f) Subpart F of this part describes how to test your engines (including references to other parts of the Code of Federal Regulations). (g) Subpart G of this part describes requirements, prohibitions, and other provisions that apply to engine manufacturers, vehicle manufacturers, owners, operators, rebuilders, and all others. (h) Subpart H of this part describes how you may generate and use emission credits to certify your engines. (i) [Reserved] (j) Subpart J of this part contains definitions an d other reference information.***** E.O. 12866 Review**
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600 of 971 **§ 1036.15 Do any other regulation parts apply to me?** (a) Part 86 of this chapter describes additional requirements that appl y to engines that are subject to this part 1036. This part extensively references porti ons of 40 CFR part 86. For example, the regulations of part 86 specify emission standards and certification procedures related to criteria pollutants. (b) Part 1037 of this chapter describes requirements for controlling evaporative emissions and greenhouse gas emissions from heav y - dut y vehicles, whether or not they use engines certified under this part. It also includes standards and requirements that apply instead of the standards and requirements of this part in some cases. (c) Part 1065 of this chapter describes procedures and equipment specifications for testing engines to measure exhaust emissions. Subpart F of this part 1036 describes how to apply the provisions of part 1065 of this chapter to determine whether engines meet the exhaust emission stand ards in this part. (d) Certain provisions of part 1068 of this chapter apply as specified in § 1036.601 to everyone, including anyone who manufactures, imports, installs, owns, operates, or rebuilds an y of the engines subject to this part 1036, or vehicles containing these engines. Part 1068 of this chapter describes general provisions that apply broadl y, but do not necessarily

apply for all engines or all persons. The issues addressed by these provisions include these seven areas: (1) Prohibited acts an d penalties for engine manufacturers, vehicle manufacturers, and others. (2) Rebuilding and other aftermarket changes. (3) Exclusions and exemptions for certain engines. (4) Importing engines. (5) Selective enforcement audits of your production. (6) Recall. (7) Procedures for hearings. (e) Other parts of this chapter appl y if referenced in this part. **§ 1036.30 Submission of information.** Send all reports and requests for approval to the Designated Compliance Officer (see § 1036.801). See § 1036.825 for additional reporting and recordkeeping provisions.***** E.O. 12866 Review**
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601 of 971 **Subpart B —** **Emission Standards and Related Requirements § 1036.100 Overview of exhaust emission standards.**  Engines used in vehicles certified to the applicable chassis standards for greenhouse gas pollutants described in 40 CFR 1037.104 are not subject to the standards specified in this part. All other engines subject to this part must meet the greenhouse gas standards in § 1036.108 in addition to the criteria pollutant standards of 40 CFR part 86. **§ 1036.108 Greenhouse gas emission standards.** This section contains standards and other regulations applicable to the emission of the air pollutant defined as the aggregate group of six greenhouse gases: carbon dioxide, nitrous oxide, methane, hydrofluorocarbons, perflurocarbons, and sulfur hexafluoride. This section describes the applicable CO 2 , N 2 O, and CH 4 standards for engines. Except as specified in paragraph (a)(4) of this section, these standards do not appl y for engines used in vehicles subject to (or voluntarily certified to) the CO 2 , N 2 O, and CH 4 standards for vehicles specified in 40 CFR 1037.104. (a) Emission standards . Emission standards apply for engines measured using the test procedures specified in subpart F of this part as follows: (1) CO 2 emission standards apply as specified in this paragraph (a)(1). The applicable test cycle for measuri ng CO 2 emissions differs depending on the engine family ’s primary

intended service class and the extent to which the engines will be (or were designed to be) used in tractors. For medium and heavy heavy - dut y engines certified as tractor engines, measure CO 2 emissions using the steady - state duty cycle specified in 40 CFR 86.1362 (referred to as the SET cycle). This is intended for engines designed to be used primaril y in tractors and other line - haul applications. Note that the use of some SET - certified tractor engines in vocational applications does not affect your certification obligation under this paragraph; see other provisions of this part and 40 CFR part 1037 for limits on using engines certified to only one cycle. For medium and heavy heavy - dut y engines certified as both tractor and vocational engines, measure CO 2 emissions using the steady - state dut y c yc le and the transient duty

cycle (sometimes referred to as the FTP engine cycle), both of which are specified in 40 CFR part 86, subpart N. This is intended for engines that are designed for use in both tractor and vocational applications. For all other engines (including all spark - ignition engines), measure CO 2 emissions using the transient duty cycle specified in 40 CFR part 86, subpart N. (i) The CO 2 standard for model y ear 2016 and later spark - ignition engines is 627 g/hp - hr.***** E.O. 12866 Review**
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602 of 971 (ii) The following CO 2 standards appl y for compression - ignition engines and all other engines (in g/hp - hr): Model Years Light

Heavy Duty Medium Heavy Duty

– Vocational Heavy Heavy Duty

–Vocational Medium Heavy Duty

– Tractor Heavy Heavy Duty

– Tractor 2014 - 2016 600 600 567 502 475 2017 and later 576 576 555 487 460 (2) The CH 4 emission standard is 0.10 g/hp - hr when measured over the transient duty cycle specified in 40 CFR part 86, subpart N. This standard begins in model y ear 2014 for compression ignition engines and in model y ear 2016 for spark - ignition engines. Note that this standard applies for all fuel ty pes just as the other standards of this section do. (3) The N 2 O emission standard for all model y ear 2014 and later engines is 0.10 g/hp - hr when measured over the transient duty c yc le specified in 40 CFR part 86, subpart N. This standard begins in model ye ar 2014 for compression ignition engines and in model year 2016 for spark - ignition engines. (4) This paragraph (a)(4) describes alternate emission standards for engines certified under 40 CFR 1037.150(m). The standards of paragraphs (a)(1) through (3) do not apply for these engines. The standards in this paragraph (a)(4) appl y for emissions measured with the engine installed in a complete vehicle consistent with the provisions of 40 CFR 1037.150(m)(6). The CO 2 stand ard for the engines equals the test result specified in 40 CFR 1037.150(m)(6) multiplied by 1.10 and rounded to the nearest 0.1 g/mile. The N 2 O and CH 4 standards are both 0.05 g/mile (or any alternate standards that appl y to the corresponding vehicle test group). The onl y requirements of this part that apply

to these engines are those in this paragraph (a)(4) and those in §§1036.115 through 1036.135. (b) Family

certification levels . You must specify a CO 2 Family

Certification L evel (FCL) for each engine family . The FCL may not be less than the certified emission level for the engine family . The CO 2 Family Emission Limit (FEL) for the engine family is equal to the FCL multiplied by 1.03. (c) Averaging, banking, and trading . You may generate or use emi ssion credits under the averaging, banking, and trading (ABT) program described in subpart H of this part for demonstrating compliance with CO 2 emission standards. Credits (positive and negative) are calculated from the difference between the FCL and the applicable emission standard. As described in §1036.705, you may use CO 2 credits to certify your engine families to FELs for N 2 O and/or CH 4 , instead of the N 2 O/CH 4 standards of this section that otherwise appl y. Except as specified in § 1036.150 and 1036 .705, you may not generate or use credits for N 2 O or CH 4 emissions.***** E.O. 12866 Review**
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603 of 971 (d) Useful life . Your engines must meet the exhaust emission standards of this section throughout their full useful life, expressed in service miles or calendar ye ars, whichever comes f irst. The useful life values applicable to the criteria pollutant standards of 40 CFR part 86 appl y for the standards of this section. (e) Applicability

for testing . The emission standards in this subpart apply as specified in this paragraph (e) to all duty - cycle testing (according to the applicable test cycles) of testable configurations, including certification, selective enforcement audits, and in - use testing. The CO 2 FCLs serve as the CO 2 emission standards for the engine family with respect to certif

ication and confirmatory

testing instead of the standards specified in paragraph (a)(1) of this section. The FELs serve as the emission standards for the engine family with respect to all other testing. See §§1036.235 and 1036.241 to determine which engi ne configurations within the engine family are subject to testing. (f) Multi - fuel engines. For dual - fuel, multi - fuel, and flexible - fuel engines, perform exhaust testing on each fuel ty pe (for example, gasoline and E85). (1) This paragraph (f)(1) applie s where you demonstrate the relative amount of each fuel ty pe that your engines consume in actual use. Based on your demonstration, we will specify

a weighting factor and allow you to submit the weighted average of your emission results. For example, if you certify an E85 flexible - fuel engine and we determine the engine will produce one - half of its work from E85 and one - half of its work from gasoline, you may average your E85 and gasoline emission results. (2) If you certify

your engine family

to N 2 O and/ or CH 4 FEL s the FELs apply for testing on all fuel t ypes for which your engine is designed, to the same extent as criteria emission standards apply . **§ 1036.115 Other requirements.** (a) The warrant y and maintenance requirements, adjustable parameter provisions, and defeat device prohibition of 40 CFR part 86 appl y with respect to the standards of this part. (b) [Reserved.] **§ 1036.130 Installation instructions for vehicle manufacturers.** (a) If you sell an engine for someone else to install in a vehicle, give the engine installer instructions for installing it consistent with the requirements of this part. Include all information necessary

to ensure that an engine will be installed in its certified configuration. (b) Make sure the se instructions have the following information: (1) Include the heading: “Emission - related installation instructions”.***** E.O. 12866 Review**
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604 of 971 (2) State: “Failing to follow these instructions when installing a certified engine in a heav y - dut y motor vehicle violates federal law, subject to fines or other penalties as described in the Clean Air Act.” (3) Provide all instructions needed to properl y install the exhaust sy stem and any other components. (4) Describe an y necessary steps for installing any diagnostic s ys tem required unde r 40 CFR part 86. (5) Describe how your certification is limited for any t ype of application. For example, if you certify

heavy heavy - dut y engines to the CO 2 standards using onl y steady - state testing, you must make clear that the engine may be installed o nly

in tractors. (6) Describe an y other instructions to make sure the installed engine will operate according to design specifications in your application for certification. This may include, for example, instructions for installing aftertreatment devices when installing the engines. (7) State: “If you install the engine in a way that makes the engine’s emission control information label hard to read during normal engine maintenance, you must place a duplicate label on the vehicle, as described in 40 CFR 1 068.105.” (c) You do not need installation instructions for engines that you install in your own vehicles. (d) Provide instructions in writing or in an equivalent format. For example, you may post instructions on a publicly available website for downloading or printing. If you do not provide the instructions in writing, explain in your application for certification how you will ensure that each installer is informed of the installation requirements. **§ 1036.135 Labeling.** Label your engines as described in 40 CFR 86.007 - 35(a)(3), with the following additional information: (a) [Reserved.] (b) Identify

the emission control sy stem. Use terms and abbreviations as described in 40 CFR 1068.45 or other applicable conventions. (c) Identify

an y limi tations on your certification. For example, if you certify heavy heav y - dut y engines to the CO 2 standards using only transient cycle testing, include the statement “VOCATIONALVEHICLES ONLY”.***** E.O. 12866 Review**
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605 of 971 (d) You may

ask us to approve modified labeling requirements i n this part 1036 if you show that it is necessary

or appropriate. We will approve your request if your alternate label is consistent with the requirements of this part. We may also specify

modified labeling requirement to be consistent with the intent of 40 CFR part 1037. **§ 1036.140 Primary intended service class.** You must identify

a single primary

intended service class for each compression - ignition engine famil y. Select the class that best describes vehicles for which you design and mark et the engine. The three primary intended service classes are light heavy - dut y, medium heav y - dut y, and heav y heav y - dut y. Note that provisions that apply based on primary intended service class often treat spark - ignition engines as if they were a separate service class. (a) Light heav y - dut y engines usually are not designed for rebuild and do not have cylinder liners. Vehicle body t ypes in this group might include an y heav y - duty vehicle built for a light - dut y truck chassis, van trucks, multi - stop vans, motor homes and other recreational vehicles, and some straight trucks with a single rear axle. Ty pical applications would include personal transportation, light - load commercial delivery , passenger service, agriculture, and construction. The GVWR of these v ehicles is normally below 19,500 pounds. (b) Medium heav y - duty

engines may

be designed for rebuild and may have cylinder liners. Vehicle body t ypes in this group would typically include school buses, straight trucks with dual rear axles, city tractors, and a variety

of special purpose vehicles such as small dump trucks, and refuse trucks. Ty pical applications would include commercial short haul and intra - city

delivery and pickup. Engines in this group are normally used in vehicles whose GVWR ranges from 19, 500 to 33,000 pounds. (c) Heav y heav y - dut y engines are designed for multiple rebuilds and have cylinder liners. Vehicles in this group are normally tractors, trucks, and buses used in inter - city , long haul applications. These vehicles normall y exceed 33,00 0 pounds GVWR. **§ 1036.150 Interim provisions.** The provisions in this section apply instead of other provisions in this part. (a) Earl y banking of greenhouse gas emissions . You may generate CO 2 emission credits for engines you certify

in model year 2013 (2015 for spark - ignition engines) to the standards of § 1036.108. (1)Except as specified in paragraph (a)(2) of this section, to generate earl y credits, yo u must certify

your entire U.S. - direct ed production volume within that averaging set to these standards. This means that you may not generate early

credits while you***** E.O. 12866 Review**
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606 of 971 produce engines in the averaging set that are certified to the criteria pollutant standards but not to the greenhouse gas stand ards. Calculate emission credits as described in subpart H of this part relative to the standard that would appl y for model ye ar 2014 (2016 for spark - ignition engines). (2) You may

generate early

credits for an individual compression - ignition engine fami ly where you demonstrate that you have improved a model ye ar 2013 engine model’s CO 2 emissions relative to its 2012 baseline level and certify it to an FCL below the applicable standard. Calculate emission credits as described in subpart H of this part re lative to the lesser of the standard that would apply for model y ear 2014 engines or the baseline engine’s CO 2 emission rate. Use the smaller U.S. - directed production volume of the 2013 engine famil y or the 2012 baseline engine family . We will not allow you to generate emission credits under this paragraph (a)(2) unless we determine that your 2013 engine is the same engine as the 2012 baseline or that it replaces it. (3) You may

bank credits equal to the surplus credits you generate under this paragraph multiplied by

1.50. For example, if you have 10 Mg of surplus credits for model year 2013, you may bank 15 Mg of credits. Credit deficits for an averaging set prior to model y ear 2014 (2016 for spark - ignition engines) do not carry over to model ye ar 2014 (2016 for spark - ignition engines). We recommend that you notify us of yo ur intent to use this provision before submitting your applications. (b) Model year 2014 N 2 O standards. In model year 2014 and earlier, manufacturers may show compliance with the N 2 O standards using an engineering anal ys is. This allowance also applies for later families certified using carryover CO 2 data from model 2014 consistent with §1036.235(d). (c) Engine cycle classification. Engines meeting the definition of spark - ignition, b ut regulated as diesel engines under 40 CFR part 86, must be certified to the requirements applicable to compression - ignition engines under this part. Such engines are deemed to be compression - ignition engines for purposes of this part. Similarly , engine s meeting the definition of compression - ignition, but regulated as Otto - cycle under 40 CFR part 86 must be certified to the requirements applicable to spark - ignition engines under this part. Such engines are deemed to be spark - ignition engines for purpose s of this part. (d) Small manufacturers. Manufacturers meeting the small business criteria specified for “Gasoline Engine and Engine Parts Manufacturing” or “Other Engine Equipment Manufacturers” in 13 CFR 121.201 are not subject to the greenhouse gas emission standards in § 1036.108. Qualifyi ng manufacturers must notify the Designated Compliance Officer before importing or introducing into U.S. commerce excluded engines. This notification must include a description of the manufacturer’s qualification as a small business under 13 CFR 121.201. You must label your excluded vehicles with the statement: “THIS ENGINE IS EXCLUDED UNDER 40 CFR 1037.150(c).” (e) Alternate phase - in standards. Where a manufacturer certifies all of its model year 2013 compression - ignition engines within a given primary intended service class to the applicable alternate standards of this paragraph (e), its compression - ignition engines***** E.O. 12866 Review**
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607 of 971 within that primary

intended service class are subject to the standards of this paragraph for model years 2013 through 2016. This means that once a manufacturer chooses to certify a primary

intended service class to the standards of this paragraph (e), it is not allowed to opt out of these standards. Engines certified to these standards are not eligible for early credits under paragraph ( a) of this section.

Tractors LHD Engines MHD Engines HHD Engines Model Years 2013 - 2015 NA 512 g/hp - hr 485 g/hp - hr Model Years 2016 and latera NA 487 g/hp - hr 460 g/hp - hr Vocational LHD Engines MHD Engines HHD Engines Model Years 2013 - 2015 618 g/hp - hr 618 g/hp - hr 577 g/hp - hr Model Years 2016 and later † 576 g/hp - hr 576 g/hp - hr 555 g/hp - hr

a Note: these alternate standards for 2016 and later are the same as the otherwise applicable standards for 2017 and later. (f) Separate OBD families. This paragraph (f) applies where you separatel y certify engines for the purpose of applying OBD requirements (for engines used in vehicles under 14,000 pounds GVWR) from non - OBD engines that could be certified as a single engine famil y. You may treat th e two engine families as a single engine family in certain respects for the purpose of this part, as specified in this paragraph (f). (1) This paragraph applies only where the two families are identical in all respects except for the engine ratings offered and the inclusion of OBD. (2) For purposes of this part and 40 CFR part 86, the two families remain two separate families except for the following: (i) Specify

the testable configurations of the non - OBD engine famil y as the testable configurations for the OBD famil y.***** E.O. 12866 Review**
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608 of 971 (ii) Submit the same CO 2 , N 2 O, and CH 4 emission data for both engine families. (g) Assigned deterioration factors. You may use assigned deterioration factors (DFs) without performing your own durability emission tests or engineering anal ysi s as described in this paragraph (g). (1) You may

use an assigned additive DF of 0.0 g/hp - hr for CO 2 emissions from engines that do not use advanced or innovative technologies. If we determine it to be consistent with good engineering judgment, we may allow you to use an assigned additive DF of 0.0 g/hp - hr for CO 2 emissions from your engines with advanc ed or innovative technologies. (2) You may

use an assigned additive DF of 0.02 g/hp - hr for N 2 O emissions from an y engine. (3) You may

use an assigned additive DF of 0.02 g/hp - hr for CH 4 emissions from an y engine. (h) Advanced technology credits. If you generate credits from engines certified for advanced technology

you may multiply these credits by

1.5, except that you may not apply this multiplier and the earl y - credit multiplier of paragraph (a) of this section. (i) CO 2 credits for low N 2 O emissions. If you certify your model y ear 2014, 2015, or 2016 engines to an N 2 O FEL less than 0.04 g/hp - hr (provided you measure N 2 O emissions from your emission - data engines), you may generate additional CO 2 credits under this paragraph (i). Calculate the additiona l CO 2 credits from the following equation instead of the equation in §1036.705: CO 2 Credits (Mg) = (0.04

– FELN2O ) · (CF) · (Volume) · (UL) · (10 - 6 ) · (298) **Subpart C —**  **Certifying Engine Families § 1036.205 What must I include in my**  **application?** Submit an application for certification as described in 40 CFR 86.007 - 21, with the following additional information: (a) Describe the engine family ’s specifications and other basic parameters of the engine’s design and emission controls with respect to compliance with the requirements of this part. Describe in detail all sy stem components for controlling greenhouse gas emissions, including all auxiliary

emission control devices (AECDs) and all fuel - sy stem components yo u will install on any

production or test engine. Identify the part number of each component you describe. For this paragraph (a), treat as separate AECDs any devices that modulate or activate differentl y from each other.***** E.O. 12866 Review**
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609 of 971 (b) Describe an y t est equipment and procedure s that you used if you performed any tests that did not also involve measurement of criteria pollutants. Describe any special or alternate test procedures you used (see 40 CFR 1065.10(c)). (c) Include the emission - related installation instructions you wi ll provide if someone else installs your engines in their vehicles (see § 1036.130). (d) Describe the label information specified in § 1036.135. We may require you to include a cop y of the label. (e) Identify

the FCLs with which you are certifying engines in the engine family . The actual U.S. - directed production volume of configurations that have emission rates at or below the FCL must be at least one percent of your total actual (not projected) U.S. - directed production volume for the engine famil y. I dentify configurations within the family that have emission rates at or below the FCLand meet the one percent requirement. For example, if your total U.S. - directed production volume for the engine family is 10,583, and the U.S. - directed production volume fo r the tested rating is 75 engines, then you can comply with this provision by

setting your FCLso that one more rating with a U.S. - directed production volume of at least 31 engines meets the FCL. Where applicable, also identify other testable configuratio ns required under §1036.230(b)(2). (f) Identify

the engine family ’s deterioration factors and describe how you developed them (see § 1036.241). Present an y test data you used for this. (g) Present emission data to show that you meet emission standards, as follows: (1) Present exhaust emission data for CO 2 , CH 4 , and N 2 O on an emission - data engine to show that your engines meet the applicable emission standards we specify in § 1036.108. Show emission figures before and after appl yi ng deterioration factors for each engine. In addition to the composite results, show indi vidual measurements for cold - start testing and hot - start testing over the transient test cycle. (2) Note that § 1036.235 allows you to submit an application in certain cases without new emission data. (h) State whether your certification is limited for c ertain engines. For example, if you certify heavy heavy - dut y engines to the CO 2 standards using onl y transient testing, the engines may

be installed only

in vocational vehicles. (i) Unconditionally

certify that all the engines in the engine family compl y w ith the requirements of this part, other referenced parts of the CFR, and the Clean Air Act. Note that § 1036.235 specifies which engines to test to show that engines in the entire famil y comply with the requirements of this part. (j) Include the inform ation required b y other subparts of this part. For example, include the information required by § 1036.725 if you participate in the ABT program.***** E.O. 12866 Review**
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610 of 971 (k) Include the warrant y statement and maintenance instructions if we request them. (l) Include other appli cable information, such as information specified in this part or 40 CFR part 1068 related to requests for exemptions. (m) For imported engines or equipment, identify the following: (1) Describe your normal practice for importing engines. For example, this may include identifying the names and addresses of any agents you have authorized to import your engines. Engines imported by nonauthorized agents are not covered by yo ur certificate. (2) The location of a test facility in the United States where you can t est your engines if we select them for testing under a selective enforcement audit, as specified in 40 CFR part 1068, subpart E. **§ 1036.210 Preliminary approval before certification.** If you send us information before you finish the application, we may review it and make any appropriate determinations, especiall y for questions related to engine family definitions, auxiliary

emission control devices, adjustable parameters, deterioration factors, testing for service accumulation, and maintenance. Decisions made under this section are considered to be preliminary approval, subject to final review and approval. We will generally

not reverse a decision where we have given you preliminary approval, unless we find new information supporting a different decision. If you request preliminary

approval related to the upcoming model year or the model year after that, we will make best - efforts to make the appropriate determinations as soon as practicable. We will generall y not provide preliminary app roval related to a future model year more than two y ears ahead of time. **§ 1036.225 Amending my application for certification.** Before we issue you a certificate of conformity, you may amend your application to include new or modified engine con figurations, subject to the provisions of this section. After we have issued your certificate of conformity, but before the end of the model year, yo u may send us an amended application requesting that we include new or modified engine configurations withi n the scope of the certificate, subject to the provisions of this section. You must amend your application if any changes occur with respect to any information that is included or should be included in your application. (a) You must amend your application before you take an y of the following actions: (1) Add an engine configuration to an engine family . In this case, the engine configuration added must be consistent with other engine configurations in the engine***** E.O. 12866 Review**
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611 of 971 family with respect to the criteria listed in § 1036.230. (2) Change an engine configuration already included in an engine family in a way that may affect emissions, or change any of the components you described in your application for certification. This includes production and design changes that may affect emissions any

time during the engine's lifetime. (3) Modify

an FEL and FCLfor an engine family as described in paragraph (f) of this section. (b) To amend your application for certification, send the relevant information to the Designated Compliance Officer. (1) Describe in detail the addition or change in the engine model or configuration you intend to make. (2) Include engineering evaluations or data showing that the amended engine family complies with all applicable requirements. You may d o this by

showing that the original emission - data engine is still appropriate for showing that the amended family complies with all applicable requirements. (3) If the original emission - data engine for the engine family is not appropriate to show complianc e for the new or modified engine configuration, include new test data showing that the new or modified engine configuration meets the requirements of this part. (c) We may

ask for more test data or engineering evaluations. You must give us these within 30 day s after we request them. (d) For engine families already covered b y a certificate of conformit y, we will determine whether the existing certificate of conformit y covers your newl y added or modified engine. You may

ask for a hearing if we den y your re quest (see § 1036.820). (e) For engine families already covered b y a certificate of conformit y, you may start producing the new or modified engine configuration any time after you send us your amended application and before we make a decision under paragrap h (d) of this section. However, if we determine that the affected engines do not meet applicable requirements, we will notify

you to cease production of the engines and may require you to recall the engines at no expense to the owner. Choosing to produce engines under this paragraph (e) is deemed to be consent to recall all engines that we determine do not meet applicable emission standards or other requirements and to remedy the nonconformit y at no expense to the owner. If you do not provide information required under paragraph (c) of this section within 30 day s after we request it, you must stop producing the new or modified engines. (f) You may

ask us to approve a change to your FELin certain cases after the start of production, but before the end of the model ye ar. If you change an FEL for CO 2 , your FCLfor CO 2 is automatically set to your new FEL divided by 1.03. The changed FEL***** E.O. 12866 Review**
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612 of 971 may not appl y to engines you have already introduced into U.S. commerce, except as described in this paragraph (f). If we approve a changed FEL after the start of production, you must include the new FEL on the emission control information label for all engines produced after the change. You may ask us to approve a change to your FEL in the following cases: (1) You may

as k to raise your FEL for your engine family at any time. In your request, you must show that you will still be able to meet the emission standards as specified in subparts B and H of this part. Use the appropriate FEL s/FCLs with corresponding production v olumes to calculate emission credits for the model year, as described in subpart H of this part. (2) You may

ask to lower the FEL for your engine family onl y if you have test data from production engines showing that emissions are below the proposed lower FEL (or below the proposed FCLfor CO 2 ). The lower FEL/FCL applies onl y to engines yo u produce after we approve the new FEL/FCL . Use the appropriate FELs/FCL s with corresponding production volumes to calculate emission credits for the model ye ar, as des cribed in subpart H of this part. **§ 1036.230 Selecting engine families.** See 40 CFR 86.001 - 24 for instructions on how to divide your product line into families of engines that are expected to have similar emission characteristics throughout the useful life. You must certify

your engines to the standards of § 1036.108 using the same engine families you use for criteria pollutants under 40 CFR part 86. The following provisions also apply : (a) Engines certified as hy brid engines or power packs ma y not be included in an engine family with engines with conventional powertrains. Note that this does not prevent y ou from including engines in a conventional family if they are used in hy

brid vehicles, as long as you certify

them conventionally . (b) If you certify

engines in the family

for use as both vocational and tractor engines, you must split your family

into two separate subfamilies. Indicate in the application for certification that the engine family is to be split. (1) Calculate emission credi ts relative to the vocational engine standard for the number of engines sold into vocational applications and relative to the tractor engine standard for the number of engines sold into non - vocational tractor applications. You may assign the numbers and co nfigurations of engines within the respective subfamilies at an y time before submitting the end - of - year report required by § 1036.730. If the family participates in averaging, banking, or trading, you must identify the t ype of vehicle in which each engine is installed; we may alternatively allow you to use statistical methods to determine this for a fraction of your engines. Keep records to document this determination.***** E.O. 12866 Review**
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613 of 971 (2) If you restrict use of the test configuration for your split famil y to only tracto rs, or only vocational vehicles, you must identify a second testable configuration for the other ty pe of vehicle (or an unrestricted configuration). I dentify this configuration in yo ur application for certification. The FCLfor the engine family applies for this configuration as well as the primary test configuration. (c) If you certify

in separate engine families engines that could have been certified in vocational and tractor engine subfamilies in the same engine famil y, count the two families as one family

for purposes of determining your obligations with respect to the OBD requirements and in - use testing requirements of 40 CFR part 86. Indicate in the applications for certification that the two engine families are covered b y this paragraph (c). (d) Engine configurations within an engine famil y must use equivalent greenhouse gas emission controls. Unless we approve it, you may not produce nontested configurations without the same emission control hardware included on the tested configuration. We wi ll only approve it if you demonstrate that the exclusion of the hardware does not increase greenhouse gas emissions. **§ 1036.235 Testing requirements for certification.** This section describes the emission testing you must perform to show compli ance with the greenhouse gas emission standards in § 1036.108. (a) Select a single emission - data engine from each engine famil y as specified in 40 CFR part 86. The standards of this part apply onl y with respect to emissions measured from this tested confi guration and other configurations identified in §1036.205(e). Note that configurations identified in §1036.205(e) are considered to be “tested configurations” whether or not you actually tested them for certification. However, you must apply the same (or equivalent) emission controls to all other engine configurations in the engine family . (b) Test your emission - data engines using the procedures and equipment specified in subpart F of this part. In the case of dual - fuel and flexible - fuel engines, measure emissions when operating with each t ype of fuel for which you intend to certify the engine. Measure CO 2 , CH 4 , and N 2 O emissions using the specified dut y c ycle(s), including cold - start and hot - start testing as specified in 40 CFR part 86, subpart N. If yo u are certifying the engine for use in tractors, you must measure CO 2 emissions using the SET cycle and measure CH 4 , and N 2 O emissions using the transient cycle. If you are certifying the engine for use in vocational applications, you must measure CO 2 , CH 4 , and N 2 O emissions using the specified transient duty cycle, including cold - start and hot - start testing as specified in 40 CFR part 86, subpart N. Engines certified for use in tractors may also be used in vocational vehicles; however, you may not knowingl y circumvent the intent of this part (to reduce in - use emissions of CO 2 ) by certifying engines designed for vocational vehicles (and rarel y used in tractors) to the SET and not the transient cycle.***** E.O. 12866 Review**
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614 of 971 For example, we would generall y not allow you to certify all your engines to the SET without certifying any

to the transient cycle. You may certify your engine family

for both tractor and vocational use by submitting CO 2 emission data from both SET and transient cycle testing and specifying FCLs for bo th. (c) We may

measure emissions from any of your emission - data engines. (1) We may

decide to do the testing at your plant or an y other facility. If we do this, yo u must deliver the engine to a test facility we designate. The engine you provide must incl ude appropriate manifolds, aftertreatment devices, electronic control units, and other emission - related components not normally attached directly

to the engine block. If we do the testing at your plant, you must schedule it as soon as possible and make av ailable the instruments, personnel, and equipment we need. (2) If we measure emissions on your engine, the results of that testing become the official emission results for the engine. Unless we later invalidate these data, we may decide not to consider yo ur data in determining if your engine family meets applicable requirements. (3) Before we test one of your engines, we may set its adjustable parameters to any point within the phy sically adjustable ranges. (4) Before we test one of your engines, we may ca librate it within normal production tolerances for an ything we do not consider an adjustable parameter. For example, this would apply

for an engine parameter that is subject to production variability because it is adjustable during production, but is not considered an adjustable parameter (as defined in § 1036.801) because it is permanentl y sealed. (d) You may

ask to use carryover emission data from a previous model year instead of doing new tests, but only if all the following are true: (1) The engine fam ily

from the previous model year differs from the current engine family onl y with respect to model year or other characteristics unrelated to emissions. (2) The emission - data engine from the previous model y ear remains the appropriate emission - data engine under paragraph (b) of this section. (3) The data show that the emission - data engine would meet all the requirements that apply to the engine family

covered by

the application for certification. (e) We may

require you to test a second engine of the same configuration in addition to the engine tested under paragraph (a) of this section. (f) If you use an alternate test procedure under 40 CFR 1065.10 and later testing shows that such testing does not produce results that are equivalent to the procedures spe cified in subpart F of this part, we may reject data you generated using the alternate procedure.***** E.O. 12866 Review**
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615 of 971 **§ 1036.241 Demonstrating compliance with greenhouse gas pollutant standards.** (a) For purposes of certification, your engine family is considered in compliance with the emission standards in § 1036.108 if all emission - data engines representing the tested configuration of that engine family have test results showing official emission results and deteriorated emission levels at or below the standards. Note that your FCLs are considered to be the applicable emission standards with which you must comply for certification. (b) Your engine famil y is deemed not to compl y if any emission - data engine representing the tested configuration of that engine famil y has test results showing an official emission result or a deteriorated emission level for an y pollutant that is above an applicable emission standard (generally the FCL). Note that you may increase your FCLif an y certification test results exceed your initial FCL. (c) Appl y deterioration factors to the measured emission levels for each pollutant to show compliance with the applicable emission standards. Your deterioration factors must take into account an y available data from in - use testing with similar engines. Apply deterioration factors as follows: (1) Additive deterioration factor for greenhouse gas emissions . Except as specified in paragraph (c)(2) of this section, use an additive deterioration factor for exhaust emissions. An additive deteriorat ion factor is the difference between exhaust emissions at the end of the useful life and exhaust emissions at the low - hour test point. In these cases, adjust the official emission results for each tested engine at the selected test point b y adding the fac tor to the measured emissions. If the factor is less than zero, use zero. Additive deterioration factors must be specified to one more decimal place than the applicable standard. (2) Multiplicative deterioration factor for greenhouse gas emissions . Use a multiplicative deterioration factor for a pollutant if good engineering judgment calls for the deterioration factor for that pollutant to be the ratio of exhaust emissions at the end of the useful life to exhaust emissions at the low - hour test point. Ad just the official emission results for each tested engine at the selected test point by multiplying the measured emissions by the deterioration factor. If the factor is less than one, use one. A multiplicative deterioration factor may not be appropriate in cases where testing variability is significantl y greater than engine - to - engine variability . Multiplicative deterioration factors must be specified to one more significant figure than the applicable standard. (3) Sawtooth deterioration patterns. The d eterioration factors described in paragraphs (c)(1) and (2) of this section assume that the highest useful life emissions occur either at the end of useful life or at the low - hour test point. The provisions of this paragraph (c)(3) appl y where good engine ering judgment indicates that the highest useful life emissions will occur between these two points. For example, emissions may increase with service accumulation until a certain maintenance step is performed, then return to the low - hour emission levels and begin increasing again. Such a pattern may occur***** E.O. 12866 Review**
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616 of 971 with battery - based electric hy brid engines. Base deterioration factors for engines with such emission patterns on the difference between (or ratio of) the point at which the highest emissions occur and the low - hour test point. Note that this applies for maintenance - related deterioration only where we allow such critical emission - related maintenance. (d) Collect emission data using measurements to one more decimal place than the applicable standard. Apply the deterioration factor to the official emission result, as described in paragraph (c) of this section, then round the adjusted figure to the same number of decimal places as the emission standard. Compare the rounded emission levels to the emission standard for each emission - data engine. (e) If you identify more than one configuration in §1036.205(e), we may test (or require yo u to test) an y of the identified configurations. We may also require you to provide an engineering anal ys is that demonstrat es that untested configurations listed in §1036.205(e) comply with their FCL . **§ 1036.250 Reporting and recordkeeping for certification.** (a) Within 90 day s after the end of the model year, send the Designated Compliance Officer a report including the total U.S. - directed production volume of engines you produced in each engine family during the model year (based on information available at the time of the report). Report the production b y s erial number and engine configuration. Small manufacturers may omit this requirement. You may combine this report with reports required under subpart H of this part. (b) Organize and maintain the following records: (1) A cop y of all applications and an y summary information you send us. (2) An y of the i nformation we specify in § 1036.205 that you were not required to include in your application. (c) Keep routine data from emission tests required by this part (such as test cell temperatures and relative humidity readings) for one year after we issue the associated certificate of conformity . Keep all other information specified in this section for eight ye ars after we issue your certificate. (d) Store these records in any format and on any

media, as long as you can promptly send us organized, written reco rds in English if we ask for them. You must keep these records readil y available. We may review them at an y time. **§ 1036.255 What decisions may EPA make regarding my certificate of conformity?******* E.O. 12866 Review**
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617 of 971 (a) If we determine your application is complete and shows that the engine family meets all the requirements of this part and the Act, we will issue a certificate of conformity for yo ur engine family

for that model year. We may make the approval subject t o additional conditions. (b) We may

den y your application for certification if we determine that yo ur engine family fails to comply

with emission standards or other requirements of this part or the Clean Air Act. We will base our decision on all availab le information. If we den y your application, we will explain why in writing. (c) In addition, we may

deny your application or suspend or revoke your certificate if you do any of the following: (1) Refuse to comply

with any testing or reporting requirement s. (2) Submit false or incomplete information (paragraph (e) of this section applies if this is fraudulent). This includes doing an ything after submission of your application to render an y of the submitted information false or incomplete. (3) Render inacc urate any test data. (4) Den y us from completing authorized activities despite our presenting a warrant or court order (see 40 CFR 1068.20). This includes a failure to provide reasonable assistance. However, yo u may ask us to reconsider our decision by showing that your fail ure under this paragraph (c)(4) did not involve engines related to the certificate or application in question to a degree that would justify our decision. (5) Produce engines for importation into the United States at a location where local law prohibits u s from carrying out authorized activities. (6) Fail to supply

requested information or amend your application to include all engines being produced. (7) Take an y action that otherwise circumvents the intent of the Act or this part, with respect to your eng ine family . (d) We may

void the certificate of conformity for an engine family if you fail to keep records, send reports, or give us information as required under this part or the Act. Note that these are also violations of 40 CFR 1068.101(a)(2). (e) We m ay

void your certificate if we find that you intentionally submitted false or incomplete information. This includes rendering submitted information false or incomplete after submission. (f) If we den y your application or suspend, revoke, or void your cer tificate, you may

ask for a hearing (see § 1036.820).***** E.O. 12866 Review**
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618 of 971 **Subpart D —**  **[Reserved] Subpart E**  **— In**  **- use Testing**  **§ 1036.401 In -**  **use testing.** We may perform in - use testing of an y engine family subject to the standards of this part, consistent with the provisions of § 1 036.235. Note that this provisions does not affect yo ur obligation to test your in - use engines as described in 40 CFR part 86, subpart T. **Subpart F —**  **Test Procedures § 1036.501 How do I run a valid emission test?**  (a) Use the equipment and procedures specified in 40 CFR 86.1305 to determine whether engines meet the emission standards in § 1036.108. (b) You may

use special or alternate procedures to the extent we allow them under 40 CFR 1065.10. (c) This subpart is addressed to you as a manufacturer, but it applies equally to anyone who does testing for you, and to us when we perform testing to determine if your engines meet emission standards. (d) For engines that use aftertreatment technology with infrequent regeneration events, invalidate an y test interval in which such a regeneration event occurs with respect to CO 2 , N 2 O, and CH 4 measurements. (e) Test h yb rid engines as described in 40 CFR part 1065 and § 1036.525. (f) [Reserved.] (g) If your engine requires special components for proper testing, you must provide an y such components to us if we ask for them. **§ 1036.525 Hybrid engines.** (a) If your engine s ys tem includes features that recover and store energy during engine motoring operation test the engine as described in paragraph (d) of this section. See **§** 1 036.615(a)(2) for engine sy stems intended to include features that recover and store energy from braking unrelated to engine motoring operation. For purposes of this paragraph, features that recover energy between the engine and transmission are***** E.O. 12866 Review**
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619 of 971 considered “related to engine motoring”. (b) If you produce a h ybrid engine designed wi th power take - off capability and sell the engine coupled with a transmission, you may calculate a reduction in CO 2 emissions resulting from the power take - off operation as described in 40 CFR 1037.525. Use good engineering judgment to use the vehicle - base d procedures to quantify the CO 2 reduction for your engines. (c) The hardware that must be included in these tests is the engine, the h yb rid electric motor, the rechargeable energy storage s ys tem (RESS) and the power electronics between the hy brid electric motor and the RESS. You may ask us to modify the provisions of this section to allow testing non - electric h ybrid vehicles, consistent with good engineering judgment. (d) Measure emissions using the same procedures that apply for testing non - hy

brid engine s under this part, except as specified otherwise in this part and/or 40 CFR part 1065. If you test h ybrid engines using the SET, deactivate the h yb rid features unless we have specified otherwise. The five differences that apply under this section are rel ated to engine mapping, engine shutdown during the test cycle, calculating work, limits on braking energy , and state of charge constraints. (1) Map the engine as specified in 40 CFR 1065.510. This requires separate torque maps for the engine with and with out the hy brid features active. For transient testing, denormalize the test cycle using the map generated with the hy brid feature active. For stead y - state testing, denormalize the test cycle using the map generated with the hy brid feature inactive. (2) T his paragraph applies if the engine will be configured in actual use such that the engine will automatically shutdown during idle operation, you may let the engine speed equal zero during the idle portions of the test cycle. (3) Follow 1065.650(d) to calcu late the work done over the cycle except as specified in this paragraph (d)(3). For the positive work over the cycle set negative power from hy brid to zero. For the negative work over the cycle set the positive power to zero and the set the non - hy

brid po wer to zero. (4)(i) Calculate brake energy fraction, xb , as the integrated negative work over the cycle divided by

the integrated positive work over the cycle according to equation 1036.525 - 1. Calculate the brake energy limit for the engine, xbl , accordi ng to equation 1036.525 - 2. If xb is less than xbl , use the integrated positive work for yo ur emission calculations. If the xb is greater than xbl use equation 1036.525 - 3 to calculate the positive work done over the cycle. Use W cycle as the integrated po sitive work when calculating brake - specific emissions. To avoid the need to delete extra brake work from positive work you may set an instantaneous brake target that will prevent xb from being larger than xbl . neg b pos 

### W x W  Eq. 1036.525 - 1

4 max 

### 4.158 10 0.2247 bl 

### x P

 

###     Eq. 1036.525 - 2***** E.O. 12866 Review**
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620 of 971 

#   cy cle pos neg bl pos 

### W W W x W     Eq. 1036.525 - 3 (ii) The following definitions of terms apply for this paragraph (d)(4): xb = the brake energy

fraction. W neg = the negative work over the cycle. W pos = the positive work over the cycle. xbl = the brake energy

fraction limit. P max = the maximum power of the engine with the hy brid sy stem engaged (kW). W cycle = the work over the cycle when xb is greater than xbl. (iii) Note that these calculations are sp ecified with SIunits (such as kW), consistent with 40 CFR part 1065. Emission results are converted to g/hp - hr at the end of the calculations. (5) Correct for the net energy change of the energy

storage device as described in 40 CFR 1066.501. **§ 1036.530 Calculating greenhouse gas emission rates.**  This section describes how to calculate official emission results for CO 2 , CH 4 , and N 2 O . (a) Calculate brake - specific emission rates for each applicable dut y c ycl e as specified in 40 CFR 1065.650. D o not apply infrequent regeneration adjustment factors to your results. (b) Adjust CO 2 emission rates calculated under paragraph (a) of this section for measured test fuel properties as specified in this paragraph (b) to obtain the official emission result s. You are not required to apply this adjustment for fuels containing at least 75 percent pure alcohol, such as E85. The purpose of this adjustment is to make official emission results independent of differences in test fuels within a fuel t ype. Use goo d engineering judgment to develop and appl y testing protocols to minimize the impact of variations in test fuels. (1) For liquid fuels, determine the net energy content (Btu per pound of fuel) according to ASTM D4809 or ASTM D240 (both incorporated b y re ference in § 1 036.810) and carbon weight fraction (dimensionless) of your test fuel according to ASTM D5291 (incorporated by reference in **§** 1 036.810). (Note that we recommend using ASTM D4809.) For gaseous fuels, use good engineering judgment to determine the fuel’s net energy

content and carbon weight fraction. (Note: Net energy content is***** E.O. 12866 Review**
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621 of 971 also sometimes known as lower heating value.) Calculate the test fuel’s carbon specific net energy

content (Btu/lbC) by

dividing the net energy

content b y the carbon fraction, expressed to at least five significant figures. You may perform these calculations using SI units with the following conversion factors: one Btu equals 1055.06 Joules and one Btu/lb equals 0.0023260 MJ/kg. (2) If you control test fuel properties so that variations in the actual carbon - specific energy content are the same as or smaller than the repeatability of measuring carbon specific energy

content, you may

use a constant value equal to the average carbon specific energy

content of your test fu el. Otherwise, use the measured value for the specific test fuel used for a given test. If you use a constant value, you must update or verify the value at least once per ye ar, or after changes in test fuel suppliers or specifications. (3) Calculate the adjustment factor for carbon - specific net energy content by

dividing the carbon - specific net energy content of your test fuel by the reference level in the following table, expressed to at least five decimal places. Note that as used in this section, the unit lbC means pound of carbon and kgC means kilogram of carbon. Fuel T ype Reference carbon - specific net

energy content (Btu/lbC) Reference carbon - specific net energy content (MJ/kgC) Diesel fuel 21,200 49.3112 Gasoline 21,700 50.4742 Natural Gas 28,500 66.2910 LPG 24,300 56.5218 (4) Your official emission result equals your calculated brake - specific emission rate multiplied by

the adjustment factor specified in paragraph (b)(2) of this section. For example, if the net energy content and carbon fraction of your diesel test fuel ar e 18,400 Btu/lb and 0.870, the carbon - specific net energy content of the test fuel would be 21,149 Btu/lbC. The adjustment factor in the example above would be 0.99759 (21,149/21,200). If your brake - specific CO 2 emission rate was 630.0 g/hp - hr, your offi cial emission result would be 628.5 g/hp - hr. **Subpart G**

**— Special Compliance Provisions**  **§ 1036.601 What compliance provisions apply to these engines?** (a) Engine and equipment manufacturers, as well as owners, operators, and rebuilders of engines subject to the requirements of this part, and all other persons, must observe the provisions of this part, the provisions of the Clean Air Act, and the following provisions of 40 CFR part 1068: (1) The exemption and importation provis ions of 40 CFR part 1068, subparts C and D, apply for engines subject to this part 1036, except that the hardship exemption provisions of 40 CFR 1068.245, 1068.250, and 1068.255 do not apply for motor***** E.O. 12866 Review**
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622 of 971 vehicle engines. (2) Manufacturers may

comply with the defect reporting requirements of 40 CFR 1068.501 instead of the defect reporting requirements of 40 CFR part 85. (b) Engines exempted from the applicable standards of 40 CFR part 86 are exempt from the standards of this part without request. **§ 1036.610 Innovative technology credits and adjustments for reducing greenhouse**  **gas emissions.** (a) You may

ask us to apply

the provisions of this section for CO 2 emission reductions resulting from powertrain technologies that were not in common use with heavy - dut y vehicles before model ye ar 2010 that are not reflected in the specified test procedure. We will apply

these provisions only

for technologies that will result in a measurable, demonstrable, and verifiable real - world CO 2 reduction. (b) The provisions of this section may be applied as either an improvement factor (used to adjust emission results) or as a separate credit, consistent with good engineering j udgment. We recommend that you base your credit/adjustment on A to B testing of pairs of engines/vehicles differing onl y with respect to the technology in question. (1) Calculate improvement factors as the ratio of in - use emissions with the technology

di vided b y the in - use emissions without the technology . Adjust the emission results by

multiplying by

the improvement factor. Use the improvement factor approach where good engineering judgment indicates that the actual benefit will be proportional to emis sions measured over the test procedures specified in this part. For example, the benefits from technologies that reduce engine operation would generall y be proportional to the engine’s emission rate. (2) Calculate separate credits based on the difference between the in - use emission rate (g/ton - mile) with the technology and the in - use emission rate without the technology . Multiply this difference by

the number of engines, standard payload, and useful life. We may also allow you to calculate the credits ba sed on g/hp - hr emission rates. Use the separate - credit approach where good engineering judgment indicates that the actual benefit will not be proportional to emissions measured over the test procedures specified in this part. (3) We may

require you to dis count or otherwise adjust your improvement factor or credit to account for uncertainty or other relevant factors. (c) Send your request to the Designated Compliance Officer. Include a detailed description of the technology and a recommended test plan. Al so state whether you recommend appl yi ng these provisions using the improvement - factor method or the separate - credit method. We recommend that you do not begin collecting test data (for***** E.O. 12866 Review**
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623 of 971 submission to EPA) before contacting us. For technologies for which the vehicle manufacturer could also claim credits (such as transmissions in certain circumstances), we may require you to include a letter from the vehicle manufacturer stating that it will not seek credits for the same technology . (d) We may

seek public comment on your request, consistent with the provisions of 40 CFR 86.1866 - 12(d)(3). However, we will generally not seek public comment on credits/adjustments based on A to B engine dyn amometer testing, chassis testing, or in use tes ting. **§ 1036.615 Engines with Rankine cycle waste heat recovery and hybrid powertrains.**  This section specifies how to generate advanced technology - specific emission credits for hy brid powertrains that include energy storage s ystems and regenerative br aking (including regenerative engine braking) and for engines that include Rankine - cycle (or other bottoming cycle) exhaust energy recovery sy stems. (a) Hy brid powertrains. This paragraph (a) applies for pre - transmission and post transmission hy

brid pow ertrains. (1) Pre - transmission hy

brid powertrains are those engine sy stems that include features that recover and store energy during engine motoring operation but not from the vehicle wheels. These powertrains are tested using the h ybrid engine test pro cedures of 40 CFR part 1065 or using the post - transmission test procedures in 40 CFR 1037.550. (2) Post - transmission hybrid powertrains are those powertrains that include features that recover and store energy from braking but that cannot function as h yb ri ds without the transmission. These powertrains must have a single output shaft to the final drive and are tested by simulating the chassis test procedure applicable for hy brid vehicles under 40 CFR 1037.550. You need our approval before you begin testing . (b) Rankine engines. Test engines that include Rankine - cycle exhaust energy recovery sy stems according to the test procedures specified in subpart F of this part unless we approve alternate procedures. (c) Calculating credits . Calculate credits as specified in subpart H of this part. Credits generated from engines and powertrains certified under this section may be used in other averaging sets as described in § 1036.740(d). Credits may not be generated under this section and 40 CFR 1037.615 for th e same technology on the same vehicle. (d) Innovative technologies. You may certify using both provisions of this section and the innovative technology provisions of §1036.610, provided you do not double count emission benefits.***** E.O. 12866 Review**
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624 of 971 **§ 1036.620 Alternate CO**  **2 standards based on model year 2011 compression**  **** **ignition engines.** For model ye ars 2014 through 2016, you may certify your compression - ignition engines to the CO 2 standards of this section instead of the CO 2 standards in § 1036.108. However, you may not ce rtify engines to these alternate standards if they are part of an averaging set in which you carry a balance of banked credits. You may submit applications for certifications before using up banked credits in the averaging set, but such certificates will not become effective until you have used up (or retired) your banked credits in the averaging set. For purposes of this section, you are deemed to carry credits in an averaging set if you carry credits from advanced technology that are allowed to be used in that averaging set. (a) The standards of this section are determined from the measured emission rate of the test engine of the applicable baseline 2011 engine family (ies) as described in paragraphs (b) and (c) of this section. Calculate the CO 2 emissio n rate of the baseline test engine using the same equations used for showing compliance with the otherwise applicable standard. The alternate CO 2 standard for light and medium heav y - dut y vocational certified engines (certified for CO 2 using the transient cycle) is equal to the baseline emission rate multiplied by 0.975. The alternate CO 2 standard for tractor - certified engines (certified for CO 2 using the SET cycle) and all other heav y heav y - duty engines is equal to the baseline emission rate multiplied by 0.970. The in - use FEL for these engines is equal to the alternate standard multiplied by 1.03. (b) This paragraph (b) applies if you do not certify all your engine families in the averaging set to the alternate standards of this section. I dentify separ ate baseline engine families for each engine family that you are certifying to the alternate standards of this section. For an engine family to be considered the baseline engine family , it must meet the following criteria: (1) It must have been certified to all applicable emission standards in model year 2011. If the baseline engine was certified to a NO X FEL above the standard and incorporated the same emission control technologies as the new engine family , you may adjust the baseline CO 2 emission rate t o be equivalent to an engine meeting the 0.20 g/hp - hr NO X standard (or your higher FEL as specified in this paragraph (b)(1)), using certification results from model years 2009 through 2011, consistent with good engineering judgment. (i) Use the followin g equation to relate model ye ar 2009 - 2011 NO X and CO 2 emission rates (g/hp - hr): CO 2 = a×log(NO X )+b. (ii) For model ye ar 2014 - 2016 engines certified to NO X FELs above 0.20 g/hp - hr, correct the baseline CO 2 emissions to the actual NO X FELs of the 2014 - 201 6 engines. (iii) Calculate separate adjustments for transient and SET emissions.***** E.O. 12866 Review**
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625 of 971 (2) The baseline configuration tested for certification must have the same engine displacement as the engines in the engine family being certified to the alternate standards , and its rated power must be within five percent of the highest rated power in the engine famil y being certified to the alternate standards. (3) The model ye ar 2011 U.S. - directed production volume of the configuration tested must be at least one percent o f the total 2011 U.S. - directed production volume for the engine famil y. (4) The tested configuration must have cycle - weighted BSFC equivalent to or better than all other configurations in the engine famil y. (c) This paragraph (c) applies if you certify all yo ur engine families in the primary intended service class to the alternate standards of this section. For purposes of this section, you may

combine light heavy - dut y and medium heav y - dut y engines into a single averaging set. Determine your baseline CO 2 emission rate as the production - weighted emission rate of the certified engine families you produced in the 2011 model year. If yo u produce engines for both tractors and vocational vehicles, treat them as separate averaging sets. Adjust the CO 2 emission rates to be equivalent to an engine meeting the average NO X FEL of new engines (assuming engines certified to the 0.20 g/hp - hr NO X standard have a NO X FEL equal to 0.20 g/hp - hr), as described in paragraph (b)(1) of this section. (d) Include the following s tatement on the emission control information label: “THIS ENGINE WAS CERTIFIED TO AN ALTERNATE CO 2 STANDARD UNDER § 1036.620.” (e) You may

not bank CO 2 emission credits for any engine famil y in the same averaging set and model y ear in which you certify engines to the standards of this section. You may not bank an y advanced technology credits in an y averaging set for the model year you certify under this section (since such credits would be available for use in this averaging set). Note that the provisions of §1036.745 apply for deficits generated with respect to the standards of this section. (f) You need our approval before you may certify engines unde r this section, especiall y with respect to the numerical value of the alternate standards. We will not approve your request if we determine that you manipulated your engine families or test engine configurations to certify

to less stringent standards, or that you otherwise have not acted in good faith. You must keep and provide to us any information we need to determine that your engine families meet the requirements of this section. Keep these records for at least five ye ars after you stop producing eng ines certified under this section. **1036.625 In -**  **use compliance with family emission limits (FELs).******* E.O. 12866 Review**
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626 of 971 You may ask us to appl y a higher in - use FEL for certain in - use engines, subject to the provisions of this section. Note that §1036.225 contains provisions related to changing FELs during a model ye ar. (a) Purpose. This section is intended to address circumstances in which it is in the public interest to apply

a higher in - use FEL based on forfeiting an appropriate number of emission credits. (b) FELs. When applying higher in - use FELs to your engines, we would intend to accuratel y reflect the actual in - use performance of your engines, consistent with the specified testing provisions of this part. (c) Equivalent families. We may appl y the higher FELs to o ther families in other model ye ars if they

used equivalent emission controls. (d) Credit forfeiture. Where we specify higher in - use FELs under this section, you must forfeit CO 2 emission credits based on the difference between the in - use FEL and the other wise applicable FEL. Calculate the amount of credits to be forfeited using the applicable equation in §1036.705, by substituting the otherwise applicable FEL for the standard and the in - use FELfor the otherwise applicable FEL. (e) Requests. Submit your request to the Designated Compliance Officer. Include the following in your request: (1) The engine famil y name and model year of the engines affected. (2) A list of other engine families/model y ears that may be affected. (3) The otherwise applicable FEL for the engine families along with your recommendations for higher in - use FELs. (4) Your source of credits for forfeiture. (f) Relation to recall. You may not request higher in - use FELs for an y engine families for which we have made a determination of no nconformance and ordered a recall. You may , however, make such requests for engine families for which you are performing a voluntary emission recall. (g) Approval. We may

approve your request if we determine that you meet the requirements of this section and such approval is in the public interest. We may include appropriate conditions with our approval or we may approve your request with modifications. **Subpart H —** 

**Averaging, Banking, and Trading for Certification******* E.O. 12866 Review**
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627 of 971 **§ 1036.701 General provisions.**  (a) You may

average, bank, and trade (ABT) emission credits for purposes of certification as described in this subpart and in subpart B of this part to show compliance with the standards of § 1036.108. Participation in this program is voluntary. (Note: As described in subpart B of this part, you must assign an FCL to all engine families, whether or not they

participate in the ABT provisions of this subpart.) (b) [Reserved] (c) The definitions of subpart I of this part appl y to this subpart. The following definitions also apply : (1) Actual emission credits means emission credits you have generated that we have verified b y reviewing yo ur final report. (2) Averaging set means a set of engines in which emission credits may be exchanged. Credits generated b y one engine may only be used by

other engines in the same averaging set. See § 1036.740. (3) Broker means any

entity that facilitates a trade of emission credits betw een a buyer and seller. (4) Bu ye r means the entity that receives emission credits as a result of a trade. (5) Reserved emission credits means emission credits you have generated that we have not yet verified b y reviewing your final report. (6) Seller means the entity that provides emission credits during a trade. (7) Standard means the emission standard that applies under subpart B of this part for engines not participating in the ABT program of this subpart. (8) Trade means to exchange emission credits, e ither as a buy er or seller. (d) Emission credits may be exchanged onl y within an averaging set as specified in § 1036.740. (e) You may

not use emission credits generated under this subpart to offset any emissions that exceed an FCLor standard. This appli es for all testing, including certification testing, in - use testing, selective enforcement audits, and other production - line testing. However, if emissions from an engine exceed an FCLor standard (for example, during a selective enforcement audit), you m ay use emission credits to recertify the engine famil y with a higher FCL that applies only to future production. (f) Emission credits may

be used in the model year they are generated. Surplus emission credits may

be banked for future model ye ars. Surplus emission credits may sometimes be used for past model years, as described in §1036.745.***** E.O. 12866 Review**
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628 of 971 (g) You may

increase or decrease an FCL during the model year b y amending your application for certification under § 1036.225. The new FCLmay appl y only

to engines yo u have not already

introduced into commerce. (h) You may

trade emission credits generated from any number of your engines to the engine purchasers or other parties to retire the credits. I dentify an y such credits in the reports described in § 1 036.730. Engines must comply with the applicable FELs even if yo u donate or sell the corresponding emission credits under this paragraph (h). Those credits may

no longer be used by

anyone to demonstrate compliance with any EPA emission standards. (i) See §1036.740 for special credit provisions that apply for credits generated under §1036.615 or 40 CFR 1037.104(d)(7) or 1037.615. (j) Unless the regulations explicitly allow it, you may

not calculate credits more than once for an y emission reduction. For example, if you generate CO 2 emission credits for a hy brid engine under this part for a given vehicle, no one may generate CO 2 emission credits for that same h ybrid engine and vehicle under 40 CFR part 1037. However, credits could be generated for identic al vehicles using engines that did not generate credits under this part. **§ 1036.705 Generating and calculating emission credits.** (a) The provisions of this section apply separatel y for calculating emission credits for each pollutant. (b) For each participating family , calculate positive or negative emission credits relative to the otherwise applicable emission standard based on the engine famil y’s FCL for greenhouse gases. If your engine family is certified to both the vocational and tractor engine standards, calculate credits separatel y for the vocational engines and the tractor engines (as specified in paragraph (b)(3) of this section). Calculate positive emission credits for a famil y that has an FCL below the standard. Calculate negative emission credits for a famil y that has an FCL above the standard. Sum your positive and negative credits for the model y ear before rounding. Round the sum of emission credits to the nearest megagram (Mg), using consistent units throughout the following equations: (1) For vocational engines: Emission credits (Mg) = (Std

– FCL ) · (CF) · (Volume) · (UL) · (10 - 6 ) Where: Std = the emission standard, in g/hp - hr, that applies under subpart B of this part for engines not participating in the ABT program of this subpart (the “otherwise applicable standard”). FCL= the Family

Certification Level for the engine family , in g/hp - hr,***** E.O. 12866 Review**
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629 of 971 measured over the transient duty cycle, rounded to the same number of decimal places as the emission standard. CF = a transient cycle conversion factor (hp - hr/mile), calculated by dividing the total (integrated) horsepower - hour over the duty cycle (average of vocational engine configurations weighted b y their production volumes) b y 6.3 miles for spark - ignition engines and 6.5 miles f or compression - ignition engines. This represents the average work performed by vocational engines in the family

over the mileage represented b y operation over the dut y c ycl e. Volume = the number of vocational engines eligible to participate in the averaging, banking, and trading program within the given engine family during the model ye ar, as described in paragraph (c) of this section. UL= the useful life for the given engi ne family , in miles. (2) For tractor engines: Emission credits (Mg) = (Std

– FCL ) · (CF) · (Volume) · (UL) · (10 - 6 ) Where: Std = the emission standard, in g/hp - hr, that applies under subpart B of this part for engines not participating in the ABT program of this subpart (the “otherwise applicable standard”). FCL= the Family

Certification Level for the engine family , in g/hp - hr, measured over the SET duty cycle rounded to the same number of decimal places as the emission standard. CF = a transient cycle conversion factor (hp - hr/mile), calculated by dividing the total (integrated) horsepower - hour over the duty cycle (average of tractor engine configurations weighted b y their production volumes) by 6.3 miles for spark - ignition engines and 6.5 miles for comp ression - ignition engines. This represents the average work performed b y tractor engines in the famil y over the mileage represented by operation over the duty

cycle. Note that this calculation requires you to use the transient cycle conversion factor even for engines certified to SET - based standards. Volume = the number of tractor engines eligible to participate in the averaging, banking, and trading program within the given engine family during the model year, as described in paragraph (c) of this section . UL= the useful life for the given engine family , in miles. (3) For engine families certified to both the vocational and tractor engine standards, we may allow you to use statistical methods to estimate the total production volumes where a small fraction of the engines cannot be tracked precisel y.***** E.O. 12866 Review**
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630 of 971 (4) You may

not generate emission credits for tractor engines (i.e., engines not certified to the transient cycle for CO 2 ) installed in vocational vehicles (including vocational tractors certified pursuant to 40 CFR 1037.630 or exempted pursuant to 40 CFR 1037.631). We will waive this requirement where you demonstrate that less than five percent of the engines in your tractor family were installed in vocational vehicles. For example, if you know that 96 perce nt of your tractor engines were installed in non - vocational tractors, but cannot determine the vehicle ty pe for the remaining four percent, you may generate credits for all the engines in the family . (c) As described in § 1036.730, compliance with the requirements of this subpart is determined at the end of the model year based on actual U.S. - directed production volumes. Keep appropriate records to document these production volumes. Do not include an y of the following engines to calculate emission credits: (1) Engines that you do not certify to the CO 2 standards of this part because they are permanentl y exempted under subpart G of this part or under 40 CFR part 1068. (2) Exported engines. (3) Engines not subject to the requirements of this part, such as those excluded under § 1036.5. For example, do not include engines used in vehicles certified to the greenhouse gas standards of 40 CFR 1037.104. (4) [Reserved] (5) An y other engines if we indicate elsewhere in this part 1036 that they are not to be incl uded in the calculations of this subpart. (d) You may

use CO 2 emission credits to show compliance with CH 4 and/or N 2 O FELs instead of the otherwise applicable emission standards. To do this, calculate the CH 4 and/or N 2 O emission credits needed (negative credits) using the equation in paragraph (b) of this section, using the FEL(s) you specify for your engines during certification instead of the FCL. You must use 25 Mg of positive CO 2 credits to offset 1 Mg of negative CH 4 credits. You must use 298 Mg of positive CO 2 credits to offset 1 Mg of negative N 2 O credits. **§ 1036.710 Averaging.** (a) Averaging is the exchange of emission credits among your engine families. You may average emission credits only within the same averaging set. (b) You may

certify one or more engine families to an FCL above the applicable standard, subject to an y applicable FEL caps and other the provisions in subpart B of this part, if you show in your application for certification that your projected balance of all emission - credit transactions in that model year is greater than or equal to zero, or that a negative balance is allowed under § 1036.745.***** E.O. 12866 Review**
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631 of 971 (c) If you certify

an engine family

to an FCL that exceeds the otherwise applicable standard, you must obtain en ough emission credits to offset the engine family ’s deficit by the due date for the final report required in § 1036.730. The emission credits used to address the deficit may

come from your other engine families that generate emission credits in the same m odel y ear (or from later model years as specified in § 1036.745), from emission credits yo u have banked, or from emission credits you obtain through trading. **§ 1036.715 Banking.** (a) Banking is the retention of surplus emission credits by the m anufacturer generating the emission credits for use in future model ye ars for averaging or trading. (b) You may

designate any

emission credits you plan to bank in the reports you submit under § 1036.730 as reserved credits. During the model year and befo re the due date for the final report, you may designate your reserved emission credits for averaging or trading. (c) Reserved credits become actual emission credits when you submit your final report. However, we may

revoke these emission credits if we are unable to verify them after reviewing your reports or auditing your records. (d) Banked credits retain the designation of the averaging set in which they were generated. **§ 1036.720 Trading.** (a) Trading is the exchange of emission credits between manufacturers, or the transfer of credits to another part y t o retire them. You may use traded emission credits for averaging, banking, or further trading transactions. Traded emission credits remain subject to the averaging - set restrictions based on the averaging set in which they were generated. (b) You may

trade actual emission credits as described in this subpart. You may also trade reserved emission credits, but we may revoke these emission credits based on our review of your records or reports or those of the company with which you traded emission credits. You may trade banked credits within an averaging set to any certifying manufacturer. (c) If a negative emission credit balance results from a transaction, both the buy er and seller are lia

ble, except in cases we deem to involve fraud. See § 1036.255(e) for cases involving fraud. We may void the certificates of all engine families participating in a trade that results in a manufacturer having a negative balance of emission credits. See § 1036.745.***** E.O. 12866 Review**
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632 of 971 **§ 1036.725 What must I include in my application for certification?** (a) You must declare in your application for certification your intent to use the provisions of this subpart for each engine family that will be certified using the ABT program. You must also declare the FELs/FCL you select for the engine family for each pollutant for which you are using the ABT program. Your FELs must comply with the specifications of subpart B of this part, including the FEL caps. FELs/FCL must b e expressed to the same number of decimal places as the applicable standards. (b) Include the following in your application for certification: (1) A statement that, to the best of your belief, yo u will not have a negative balance of emission credits for an y averaging set when all emission credits are calculated at the end of the ye ar; or a statement that you will have a negative balance of emission credits for one or more averaging sets, but that it is allowed under § 1037.745. (2) Detailed calculations of projected emission credits (positive or negative) based on projected U.S. - directed production volumes. We may require you to include similar calculations from your other engine families to project your net credit balances for the model year. If you proje ct negative emission credits for a famil y, state the source of positive emission credits you expect to use to offset the negative emission credits. **§ 1036.730 ABT reports.** (a) If an y of your engine families are certified using the ABT provisions of this subpart, yo u must send an end - of

- ye ar report within 90 days after the end of the model y ear and a final report within 270 days after the end of the model year. (b) Your end - of

- ye ar and final reports must include the following information for each engine famil y participating in the ABT program: (1) Engine - family

designation and averaging set. (2) The emission standards that would otherwise apply to the engine family. (3) The FCL for each pollutant. I f you change the FCLafter the start of production, identify the date that you started using the new FCL and/or give the engine identification number for the first engine covered by the new FCL. In this case, identify each applic able FCLand calculate the positive or negative emission credits as specified in § 1036.225. (4) The projected and actual U.S. - directed production volumes for the model year. If yo u changed an FCL during the model ye ar, identify the actual production volum e associated with each FCL.***** E.O. 12866 Review**
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633 of 971 (5) The transient cycle conversion factor for each engine configuration as described in § 1036.705. (6) Useful life. (7) Calculated positive or negative emission credits for the whole engine family . Id entify an y emission credit s that you traded, as described in paragraph (d)(1) of this section. (c) Your end - of

- ye ar and final reports must include the following additional information: (1) Show that your net balance of emission credits from all your participating engine families in each averaging set in the applicable model y ear is not negative, except as allowed under § 1036.745. (2) State whether you will reserve an y emission credits for banking. (3) State that the report’s contents are accurate. (d) If you trade emission credits, you must send us a report within 90 days after the transaction, as follows: (1) As the seller, you must include the following information in your report: (i) The corporate names of the bu yer and an y brokers. (ii) A cop y of an y contracts related to the trade. (iii) The engine families that generated emission credits for the trade, including the number of emission credits from each family . (2) As the bu ye r, you must include the following information in your report: (i) The corporate names of the seller and any brokers. (ii) A cop y of an y contracts related to the trade. (iii) How you intend to use the emission credits, including the number of emission credits you intend to apply to each engine family

(if known). (e) Send your reports electronicall y to the Designated Compliance Officer using an approved information format. If you want to use a different format, send us a written request with justification for a waiver. (f) Correct errors in your end - of - ye ar report or final report as follows: (1) You may correct any

errors in your end - of

- year report when you prepare the final report, as long as you send us the final report b y the time it is due.***** E.O. 12866 Review**
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634 of 971 (2) If you or we determine within 270 day s after the end of the model year that errors mistakenly

decreased yo ur balance of emission credits, you may correct the errors and recalculate the balance of emission credits. You may not make these corrections for errors that are determined more than 270 day s after the end of the model year. If yo u report a negative balance of emission credits, we may disallow corrections under this paragraph (f)(2). (3) If you or we determine an yt ime that errors mistakenl y increased your balance of emission credits, you must correct the errors and recalculate the balance of emission credits. **§ 1036.735 Recordkeeping.** (a) You must organize and maintain your records as described in this section. We may review your records at any time. (b) Keep the records required by this section for at least eight years after the due date for the end - of

- ye ar report. You may

not use emission credits for any engines if you do not keep all the records required under this section. You must therefore keep these records to continue to bank valid credits. Store these records in any format and on any

media, as long as you can promptl y send us organized, written records in English if we ask for them. You must keep these records readil y available. We may review them at any time. (c) Keep a cop y of the reports we require in §§ 1036.725 and 1036.7 30. (d) Keep records of the engine identification number (usuall y the serial number) for each engine you produce that generates or uses emission credits under the ABT program. You may identify these numbers as a range. If you change the FEL after the start of production, identify

the date you started using each FCLand the range of engine identification numbers associated with each FCL. You must also identify the purchaser and destination for each engine you produce to the extent this information is avai lable. (e) We may

require you to keep additional records or to send us relevant information not required b y this section in accordance with the Clean Air Act. **§ 1036.740 Restrictions for using emission credits.** The following restrictions apply for using emission credits: (a) Averaging sets . Except as specified in paragraph (c) of this section, emission credits may be exchanged onl y within an following averaging sets There are four principal averaging sets for engines subject to this subpart: ( 1) Spark - ignition engines.***** E.O. 12866 Review**
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635 of 971 (2) Compression - ignition light heav y - dut y engines. (3) Compression - ignition medium heavy - dut y engines. (4) Compression - ignition heav y heav y - dut y engines. (b) Appl yi ng credits to prior y ear deficits. Where your credit balance for the previous ye ar is negative, you may appl y credits to that credit deficit only after meeting your credit obligations for the current y ear. (c) Credits from h yb rid engines and other advanced technologies. The averaging set restrictions of paragraph (a) of this section do not apply for credits generated under §1036.615 or 40 CFR 1037.104(d)(7) or 1037.615 from hy brid power s ys tems with regenerative braking, or from other advanced technologies. Such credits may also be used under 40 CFR part 1037. (1)Th e maximum amount of credits you may bring into the following service class groups is 60,000 Mg per model y ear: (i) Spark - ignition engines, light heavy - dut y compression - ignition engines, and light heav y - dut y vehicles. This group comprises the averaging sets listed in paragraphs(a)(1) and (2) of this section and the averaging set listed in 40 CFR 1037.740(a)(1). (i i) Medium heav y - dut y compression - ignition engines and medium heav y - duty vehicles. This group comprises the averaging sets listed in paragraph (a)(3) of this section and 40 CFR 1037.740(a)(2). (iii) Heav y heav y - dut y compression - ignition engines and heav y heav y - duty vehicles. This group comprises the averaging sets listed in paragraph (a)(4) of this section and 40 CFR 1037.740(a)(3). (2) The limit specified in paragraph (c)(1) of this section does not limit the amount of advanced technology

credits that c an be used within a service class group if they were generated in that same service class group.(d) Credit life. Credits expire after five ye ars. (e) Other restrictions . Other sections of this part specify additional restrictions for using emission credi ts under certain special provisions. **§ 1036.745 End -**  **of**

**- year CO**  **2 credit deficits.**  Except as allowed b y this section, we may void the certificate of an y engine family certified to an FCL above the applicable standard for which you do not have sufficient credits b y the deadline for submitting the final report.***** E.O. 12866 Review**
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636 of 971 (a) Your certificate for an engine famil y for which you do not have sufficient CO 2 credits will not be void if you remedy the deficit with surplus credits within three model years. For example, if you have a credit deficit of 500 Mg for an engine famil y at the end of model year 2 015, you must generate (or otherwise obtain) a surplus of at least 500 Mg in that same averaging set by the end of model year 2018. (b) You may

not bank or trade away

CO 2 credits in the averaging set in any model year in which you have a deficit. (c) You m ay

appl y only surplus credits to your deficit. You may not appl y credits to a deficit from an earlier model year if they were generated in a model year for which any of yo ur engine families for that averaging set had an end - of - ye ar credit deficit. (d) If you do not remed y the deficit with surplus credits within three model years, we may void your certificate for that engine family . We may void the certificate based on yo ur end - of

- year report. Note that voiding a certificate applies ab initio . Where the net deficit is less than the total amount of negative credits originally generated by

the family , we will void the certificate only with respect to the number of engines needed to reach the amount of the net deficit. For example, if the original engine family generated 500 Mg of negative credits, and the manufacturer’s net deficit after three ye ars was 250 Mg, we would void the certificate with respect to half of the engines in the family . **§ 1036.750 What can happen if I do not comply with the provisio ns of this subpart?**  (a) For each engine family participating in the ABT program, the certificate of conformity

is conditioned upon full compliance with the provisions of this subpart during and after the model ye ar. You are responsible to estab lish to our satisfaction that you fully compl y with applicable requirements. We may void the certificate of conformity for an engine famil y if you fail to comply with any provisions of this subpart. (b) You may

certify your engine famil y to an FCL above an applicable standard based on a projection that you will have enough emission credits to offset the deficit for the engine family . See §1036.745 for provisions specifying what happens if you cannot show in yo ur final report that you have enough actual em ission credits to offset a deficit for any pollutant in an engine family . (c) We may

void the certificate of conformit y for an engine family if you fail to keep records, send reports, or give us information we request. Note that failing to keep records, s end reports, or give us information we request is also a violation of 42 U.S.C. 7522(a)(2). (d) You may

ask for a hearing if we void your certificate under this section (see § 1036.820).***** E.O. 12866 Review**
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637 of 971 **§ 1036.755 Information provided to the Department of Transportation .**  After receipt of each manufacturer’s final report as specified in § 1036.730 and completion of an y verification testing required to validate the manufacturer’s submitted final data, we will issue a report to the Department of Transportation with CO 2 emis sion information and will verify the accuracy

of each manufacturer’s equivalent fuel consumption data that required by NHTSA under 49 CFR 535.8. We will send a report to DOT for each engine manufacturer based on each regulatory category and subcategory , i ncluding sufficient information for NHTSA to determine fuel consumption and associated credit values. See 49 CFR 535.8 to determine if NHTSA deems submission of this information to EPA to also be a submission to NHTSA. **Subpart I —** **Definitions and Other Reference Information**  **§ 1036.801 Definitions.** The following definitions apply to this part. The definitions apply to all subparts unless we note otherwise. All undefined terms have the meaning the Act gives to them. The definitions follow: Act means the Clean Air Act, as amended, 42 U.S.C. 7401 - 7671q. Adjustable parameter has the meaning given in 40 CFR part 86. Advanced technology means technology certified under §1036.615, 40 CFR 1037.104(d)(7) or 1037.615. Aftertreatment means relating to a catal yt ic converter, particulate filter, or any other sy stem, component, or technology mounted downstream of the exhaust valve (or exhaust port) whose design function is to decrease emissions in the engine exhaust before it is exhausted to the environment. Exhaust - gas recirculation (EGR) and turbochargers are not aftertreatment. Aircraft means an y vehicle capable of sustained air travel above treetop heights. Alcohol - fueled engine mean an engine that is designed to run using an alcohol fuel. For purposes of this definition, alcohol fuels do not include fuels with a nominal alcohol content below 25 percent by volume. Auxiliary emission control device means any element of design that senses temperature, motive speed, engine RPM, transmission gear, or any other parameter for the purpose of activating, modulating, delaying, or deactivating the operation of any part of the emission control system.***** E.O. 12866 Review**
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638 of 971 Averaging set has the meaning given in § 1036.740. Calibration means the set of specifications and tolerances specific to a particular design, version, or application of a component or assembly capable of functionally describing its operation over its working range. Carryover means relati ng to certification based on emission data generated from an earlier model year as described in § 1036.235(d). Certification means relating to the process of obtaining a certificate of conformity for an engine family

that complies with the emission standards and requirements in this part. Certified emission level means the highest deteriorated emission level in an engine family for a given pollutant from the applicable transient and/or steady - state testing, rounded to the same number of decimal places a s the applicable standard. Note that you may have two certified emission levels for CO 2 if you certify a family for both vocational and tractor use. Complete vehicle means a vehicle meeting the definition of complete vehicle in 40 CFR 1037.801 when it i s first sold as a vehicle. For example, where a vehicle manufacturer sells an incomplete vehicle to a secondary manufacturer, the vehicle is not a complete vehicle under this part, even after its final assembly . Compression - ignition means relating to a ty pe of reciprocating, internal - combustion engine that is not a spark - ignition engine. Crankcase emissions means airborne substances emitted to the atmosphere from any part of the engine crankcase’s ventilation or lubrication sy stems. The crankcase is th e housing for the crankshaft and other related internal parts. Criteria pollutants means emissions of NO X , HC, PM, and CO. Note that these pollutants are also sometimes described collectively as “non - greenhouse gas pollutants”, although they

do not neces sarily

have negligible global warming potentials. Designated Compliance Officer means the Manager, Heavy - Dut y and Nonroad Engine Group (6405 - J), U.S. Environmental Protection Agency , 1200 Pennsylvania Ave., NW., Washington, DC 20460. Designated Enforceme nt Officer means the Director, Air Enforcement Division (2242A), U.S. Environmental Protection Agency , 1200 Pennsylvania Ave., NW., Washington, DC 20460. Deteriorated emission level means the emission level that results from applying the appropriate deterioration factor to the official emission result of the emission - data engine. Note that where no deterioration factor applies, references in this part to the deteriorated emission level mean the official emission result. Deterioration factor means the relationship between emissions at the end of useful life***** E.O. 12866 Review**
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639 of 971 (or point of highest emissions if it occurs before the end of useful life) and emissions at the low - hour/low - mileage test point, expressed in one of the following ways: (1) For multiplicative deteriorati on factors, the ratio of emissions at the end of useful life (or point of highest emissions) to emissions at the low - hour test point. (2) For additive deterioration factors, the difference between emissions at the end of useful life (or point of highest em issions) and emissions at the low - hour test point. Dual - fuel means relating to an engine designed for operation on two different ty pes of fuel but not on a continuous mixture of those fuels. Emission control sy stem means an y device, s ys tem, or element of design that controls or reduces the emissions of regulated pollutants from an engine. Emission - data engine means an engine that is tested for certification. This includes engines tested to establish deterioration factors. Emission - related maintenance m eans maintenance that substantially affects emissions or is likely

to substantially

affect emission deterioration. Engine configuration means a unique combination of engine hardware and calibration (related to the emission standards) within an engine family . Engines within a single engine configuration differ only with respect to normal production variability or factors unrelated to compl iance with emission standards. Engine family has the meaning given in § 1036.230. Excluded means relating to engines that are not subject to some or all of the requirements of this part as follows: (1) An engine that has been determined not to be a heav y - dut y engine is excluded from this part. (2) Certain heav y - dut y engines are excluded from the requirements of this part under § 1036.5. (3) Specific regulatory

provisions of this part may exclude a heav y - dut y engine generally subject to this part from one or more specific standards or requirements of this part. Exempted has the meaning given in 40 CFR 1068.30. Exhaust - gas recirculation means a technology that reduces emissions by routing exhaust gases that had been exhausted from the combustion chamber(s) back into the engine to be mixed with incoming air before or during combustion. The use of valve timing to increase the amount of residual exhaust gas in the combustion chamber(s) that is mixed with incoming air before or during combustion is not consider ed exhaust - gas recirculation for the purposes of this part.***** E.O. 12866 Review**
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640 of 971 Family certification level (FCL) means a CO 2 emission level declared b y the manufacturer that is at or above emission test results for all emission - data engines. The FCLserves as the emission s tandard for the engine family with respect to certification testing if it is different than the otherwise applicable standard. The FCL must be expressed to the same number of decimal places as the emission standard it replaces. Family emission limit (FE L) means an emission level declared by the manufacturer to serve in place of an otherwise applicable emission standard (other than CO 2 standards) under the ABT program in subpart H of this part. The FEL must be expressed to the same number of decimal plac es as the emission standard it replaces. The FELserves as the emission standard for the engine famil y with respect to all required testing except certification testing for CO 2 . The CO 2 FELis equal to the CO 2 FCLmultiplied by 1.03 and rounded to the same number of decimal places as the standard (e.g., the nearest whole g/hp - hr for the 2016 CO 2 standards). Flexible - fuel means relating to an engine designed for operation on any mixture of two or more different t yp es of fuels. Fuel t ype means a general category of fuels such as diesel fuel, gasoline, or natural gas. There can be multiple grades within a single fuel ty pe, such as premium gasoline, regular gasoline, or gasoline with 10 percent ethanol. Good engineering judgment has the meaning given in 40 CFR 1068.30. See 40 CFR 1068.5 for the administrative process we use to evaluate good engineering judgment. Greenhouse gas pollutants and greenhouse gases means compounds regulated under this part based primaril y on their impact on the climate. This includes CO 2 , CH 4 , and N 2 O. Gross vehicle weight rating (GVWR) means the value specified b y the vehicle manufacturer as the maximum design loaded weight of a single vehicle, consistent with good engineering judgment. Heav y - dut y engine means any engine which the engine manufacturer could reasonabl y expect to be used for motive power in a heav y - dut y vehicle. For purposes of this definition in this part, the term “engine” includes internal combustion engines and other devices that convert chemical fuel into motive power. For example, a fuel cell used in a heav y - dut y vehicle is a heav y - dut y engine. Heav y - dut y vehicle means any motor vehicle above 8,500 pounds GVWR or that has a vehicle curb weight above 6,000 pounds or that has a basic vehicle frontal are a greater than 45 square feet. Curb weight has the meaning given in 40 CFR 86.1803, consistent with the provisions of 40 CFR 1037.140. Basic vehicle frontal area has the meaning given in 40 CFR 86.1803. Hy brid engine or hy

brid powertrain means an engine or powertrain that includes energy storage features other than a conventional battery s ys tem or conventional fly wheel. Supplemental electrical batteries and hydraulic accumulators are examples of***** E.O. 12866 Review**
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641 of 971 hy brid energy

storage s ystems. Note that certain provisio ns in this part treat hy brid engines and powertrains intended for vehicles that include regenerative braking different than those intended for vehicles that do not include regenerative braking. Hydrocarbon (HC) means the hydrocarbon group on which the em ission standards are based for each fuel t ype. For alcohol - fueled engines, HC means nonmethane hydrocarbon equivalent (NMHCE). For all other engines, HC means nonmethane hydrocarbon (NMHC). Id entification number means a unique specification (for example , a model number/serial number combination) that allows someone to distinguish a particular engine from other similar engines. In complete vehicle means a vehicle meeting the definition of incomplete vehicle in 40 CFR 1037.801 when it is first sold as a ve hicle. Innovative technology means technology certified under §1036.610. Liquefied petroleum gas (LPG) means a liquid h ydrocarbon fuel that is stored under pressure and is composed primarily of nonmethane compounds that are gases at atmospheric conditions. Low - hour means relating to an engine that has stabilized emissions and represents the undeteriorated emission level. This would generally involve less than 125 hours of operation. Manufacture means the phy sical and engineering process of designing, constructing, and/or assembling a heavy - dut y engine or a heav y - duty vehicle. Manufacturer has the meani ng given in section 216(1) of the Act. In general, this term includes an y person who manufactures an engine, vehicle, or piece of equipment for sale in the United States or otherwise introduces a new engine into commerce in the United States. This includ es importers who import engines or vehicles for resale. Medium - duty

passenger vehicle has the meaning given in 40 CFR 86.1803. Model year means the manufacturer’s annual new model production period, except as restricted under this definition. It must inc lude January 1 of the calendar year for which the model year is named, may not begin before January 2 of the previous calendar ye ar, and it must end by

December 31 of the named calendar ye ar. Manufacturers may not adjust model y ears to circumvent or delay compliance with emission standards or to avoid the obligation to certify annuall y. Motor vehicle has the meaning given in 40 CFR 85.1703. Natural gas means a fuel whose primary constituent is methane. New motor vehicle engine means a motor vehicle en gine meeting the criteria of either***** E.O. 12866 Review**
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642 of 971 paragraph (1) or (2) of this definition. (1) A motor vehicle engine for which the ultimate purchaser has never received the equitable or legal title is a n ew motor vehicle engine . This kind of engine might commonly

be thought of as "brand new" although a new motor vehicle engine may include previousl y used parts. Under this definition, the engine is new from the time it is produced until the ultimate purchaser receives the title or places it into service, whichever co mes first. (2) An imported motor vehicle engine is a new motor vehicle engine if it was originall y built on or after January 1, 1970. Noncompliant engine means an engine that was originall y covered b y a certificate of conformity , but is not in the certified configuration or otherwise does not comply with the conditions of the certificate. Nonconforming engine means an engine not covered b y a certificate o f conformity that would otherwise be subject to emission standards. Nonmethane h ydrocarbons (NMHC) means the sum of all hydrocarbon species except methane, as measured according to 40 CFR part 1065. Official emission result means the measured emission rate for an emission - data engine on a given dut y cycle before the application of an y deterioration factor, but after the applicability

of any required regeneration adjustment factors. Owners manual means a document or collecti on of documents prepared b y the engine or vehicle manufacturer for the owner or operator to describe appropriate engine maintenance, applicable warranties, and an y other information related to operating or keeping the engine. The owners manual is typicall y provided to the ultimate purchaser at the time of sale. Oxides of nitrogen has the meaning given in 40 CFR 1065.1001. Percent has the meaning given in 40 CFR 1065.1001. Note that this means percentages identified in this part are assumed to be infinit ely precise without regard to the number of significant figures. For example, one percent of 1,493 is 14.93. Petroleum means gasoline or diesel fuel or other fuels normally derived from crude oil. This does not include methane or LP G. Placed into serv ice means put into initial use for its intended purpose. Primary intended service class has the meaning given in § 1036.140. Rated power has the meaning given in 40 CFR part 86. Rechargeable Energy

Storage S ys tem (RESS) means the component(s) of a hy bri d***** E.O. 12866 Review**
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643 of 971 engine or vehicle that store recovered energy for later use, such as the battery s ys tem in an electric h ybrid vehicle. Revoke has the meaning given in 40 CFR 1068.30. Round has the meaning given in 40 CFR 1065.1001. Scheduled maintenance means adjusti ng, repairing, removing, disassembling, cleaning, or replacing components or sy stems periodically to keep a part or sy stem from failing, malfunctioning, or wearing prematurel y. It also may mean actions you expect are necessary to correct an overt indicati on of failure or malfunction for which periodic maintenance is not appropriate. Small manufacturer means a manufacturer meeting the criteria specified in 13 CFR 121.201. For manufacturers owned b y a parent company , the employee and revenue limits apply

t o the total number of employees and total revenue of the parent company and all its subsidiaries. Spark - ignition means relating to a gasoline - fueled engine or an y other t ype of engine with a spark plug (or other sparking device) and with operating charact eristics significantl y similar to the theoretical Otto combustion cycle. Spark - ignition engines usually use a throttle to regulate intake air flow to control power during normal operation. Steady - state has the meaning given in 40 CFR 1065.1001. Suspen d has the meaning given in 40 CFR 1068.30. Test engine means an engine in a test sample. Test sample means the collection of engines selected from the population of an engine famil y for emission testing. This may include testing for certification, produ ction line testing, or in - use testing. Tractor means a vehicle meeting the definition of “tractor” in 40 CFR 1037.801, but not classified as a “vocational tractor” under 40 CFR 1037.630, or relating to such a vehicle. Tractor engine means an engine certi fied for use in tractors. Where an engine family is certified for use in both tractors and vocational vehicles, “tractor engine” means an engine that the engine manufacturer reasonably believes will be (or has been) installed in a tractor. Note that the provisions of this part may require a manufacturer to document how it determines that an engine is a tractor engine. Ultimate purchaser means, with respect to an y new engine or vehicle, the first person who in good faith purchases such new engine or vehic le for purposes other than resale. United States has the meaning given in 40 CFR 1068.30.***** E.O. 12866 Review**
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644 of 971 Upcoming model ye ar means for an engine family the model y ear after the one currentl y in production. U.S. - directed production volume means the number of engines, subject to the requirements of this part, produced b y a manufacturer for which the manufacturer has a reasonable assurance that sale was or will be made to ultimate purchasers in the United States. This does not include engin es certified to state emission standards that are different than the emission standards in this part. Vehicle has the meaning given in 40 CFR 1037.801. Vocational engine means an engine certified for use in vocational vehicles. Where an engine famil y is certified for use in both tractors and vocational vehicles, “vocational engine” means an engine that the engine manufacturer reasonabl y believes will be (or has been) installed in a vocational vehicle. Note that the provisions of this part may require a manufacturer to document how it determines that an engine is a vocational engine. Vocational vehicle means a vehicle meeting the definition of “vocational” vehicle in 40 CFR 1037.801. Void has the meaning given in 40 CFR 1068.30. We (us, our) means the Administrator of the Environmental Protection Agency and any authorized representatives. **§ 1036.805 Symbols, acronyms, and abbreviations.** The following s ymbols, acrony ms, and abbreviations apply to this part: ABT averaging, banking, and trading. AE CD auxiliary emission control device. ASTM American Society for Testing and Materials. BTU British thermal units. CFR Code of Federal Regulations. CH 4 methane. CO carbon monoxide. CO 2 carbon dioxide. DF deterioration factor. DOT Department of Transportation. E85 gasoline blend including nominally 85 percent ethanol. EPA Environmental Protection Agency. FCL Family Certification Level. FEL Family Emission Limit. g/hp - hr grams per brake horsepower - hour. GVWR gross vehicle we ight rating. HC hydrocarbon. kg kilogram. kgC kilogram carbon. kW kilowatts.***** E.O. 12866 Review**
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645 of 971 lb pound. lbC pound carbon. LPG liquefied petroleum gas. Mg megagrams (10 6 grams, or one metric ton). MJ megajoules. N 2 O nitrous oxide. NARA National Archives and Records Administration. NHTSA National Highway Traffic Safety Administration. NOx oxides of nitrogen (NO and NO 2 ). NTE not - to - exceed. PM particulate matter. RESS rechargeable energy storage system. RPM revolutions per minute. SET Supplemental Emission Test (see 40 CFR 86.1362). U.S. United States. U.S.C. United States Code. **§ 1036.810 Incorporation by reference.** (a) Certain material is incorporated b y reference into this part with the approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. To enforce an y edition other than that specified in this section, the Environmental Protecti on Agency must publish a notice of the change in the Federal Register and the material must be available to the public. All approved material is available for inspection at U.S. EPA, Air and Radiation Docket and Information Center, 1301 Constitution Ave., NW., Room B102, EPA West Building, Washington, DC 20460, (202) 202 - 1744, and is available from the sources listed below. It is also available for inspection at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202

– 741

– 6030, or go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. (b) American Societ y for Testing and Materials, 100 Barr Harbor Drive, P.O. Box C700, West Conshohocken, PA, 19428 - 2959, ( 610) 832 - 9585, http://www.astm.org/ . (1) ASTM D 240

– 09 Standard Test Method for Heat of Combustion of L iquid Hydrocarbon Fuels by

Bomb Calorimeter, approved July 1, 2009, IBR approved for § 1036.530(b). (2) A STM D4809 - 09a Standard Test Method for Heat of Combustion of Liquid Hydrocarbon Fuels by

Bomb Calorimeter (Precision Method), approved September 1, 2009, IBR approved for § 1036.530(b). (3) ASTM D5291 - 10 Standard Test Methods for Instrumental Determination of Carbon, Hydrogen, and Nitrogen in Petroleum Products and Lubricants, approved May 1, 2010, IBR approved for § 1036.530(b). **§ 1036.815 What provisions apply to confidential information?** The provisions of 40 CFR 1068.10 apply for information you consider confidential. **§ 1036.820 Requesting a hearing.******* E.O. 12866 Review**
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646 of 971 (a) You may

request a hearing under certain circumstances, as described elsewhere in this part. To do this, you must file a written request, including a description of yo ur objection and an y supporting data, within 30 days after we make a decision. (b) For a hearing you request under the provisions of this part, we will approve your request if we find that yo ur request raises a substantial factual issue. (c) If we agree to hold a hearing, we will use the procedures specified in 40 CFR part 1068, subpart G. **§ 1036.825 Reporting and recordkeeping requirements.** (a) This part includes various requirements to submit and record data or other information. Unless we specify otherwise, store required records in an y format and on any media and keep them readil y available for eight years after you send an associated application for certification, or eight years after you generate the data if they do not support an appli cation for certification. You may not rely on anyone else to meet recordkeeping requirements on your behalf unless we specificall y authorize it. We may review these records at any time. You must promptly send us organized, written records in English if we ask for them. We may require yo u to submit written records in an electronic format. (b) The regulations in § 1036.255, 40 CFR 1068.25, and 40 CFR 1068.101 describe your obligation to report truthful and complete information. This includes information not related to certification. Failing to properly report information and keep the records we specify violates 40 CFR 1068.101(a)(2), which may involve civil or criminal penalties. (c) Send all reports and requests for approval to the Designated Complianc e Officer (see § 1036.801). (d) An y written information we require you to send to or receive from another compan y is deemed to be a required record under this section. Such records are also deemed to be submissions to EPA. Keep these records for eight y e ars unless the regulations specify a different period. We may require you to send us these records whether or not you are a certificate holder. (e) Under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.), the Office of Management and Budget approves th e reporting and recordkeeping specified in the applicable regulations. The following items illustrate the kind of reporting and recordkeeping we require for engines and equipment regulated under this part: (1) We specify

the following requirements related to engine certification in this part 1036: (i) In § 1036.135 we require engine manufacturers to keep certain records related to duplicate labels sent to equipment manufacturers.***** E.O. 12866 Review**
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647 of 971 (ii) In subpart C of this part we identify a wide range of information required to certify engines. (iii) In subpart G of this part we identify several reporting and recordkeeping items for making demonstrations and getting approval related to various special compliance provisions. (iv) In § 1036.725, 1036.730, and 1036.73 5 we specify certain records related to averaging, banking, and trading. (2) We specify

the following requirements related to testing in 40 CFR part 1066: (i) In 40 CFR 1066.2 we give an overview of principles for reporting information. (ii) [Reserved] 34. A n ew part 1037 is added to subchapter U to read as follows: **PART 1037 —**  **CONTROL OF EMISSIONS FROM NEW HEAVY -**  **DUTY MOTOR VEHICLES**  Subpart A

— Overview and Applicability Sec. 1037.1 Applicability 1037.5 Excluded vehicles. 1037.10 How is this part organized? 1037.15 Do an y other regulation parts apply to me? 1037.30 Submission of information. Subpart B

—Emission Standards and Related Requirements 1037.101 Overview of emission standards for heavy - dut y vehicles. 1037.102 Exhaust emission standards for NO X , H C, PM, and CO. 1037.104 Exhaust emission standards for CO 2 , CH 4 , and N 2 O for heav y - duty vehicles at or below 14,000 pounds GVWR. 1037.105 Exhaust emission standards for CO 2 for vocational vehicles. 1037.106 Exhaust emission standards for CO 2 for tractors above 26,000 pounds GVWR. 1037.115 Other requirements. 1037.120 Emission - related warrant y requirements. 1037.125 Maintenance instructions and allowable maintenance. 1037.135 Labeling.***** E.O. 12866 Review**
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648 of 971 1037.140 Curb weight and roof height. 1037.150 Interim provisions. Subpart C

— Certifying Vehicle families 1037.201 General requirements for obtaining a certificate of conformity. 1037.205 What must Iinclude in my application? 1037.210 Preliminary

approval before certification. 1037.220 Amending maintenance instructions. 1037.225 Amending applications for certification. 1037.230 Vehicle families, sub - families, and configurations. 1037.241 Demonstrating compliance with exhaust emission standards for greenhouse gas pollutants. 1037.250 Reporting and recordkeeping. 1037.255 What decisions may EPA make regarding m y certificate of conformity? Subpart D

— [Reserved] Subpart E

— In - use Testing 1037.401 General provisions. Subpart F

—Test and Modeling Procedures 1037.501 General testing and modeling provisions. 103 7.510 Duty - cycle testing. 1037.520 Modeling CO 2 emissions to show compliance. 1037.521 Aerod ynamic measurements. 1037.525 Special procedures for testing h ybrid vehicles with power take - off. 1037.550 Special procedures for testing post - transmission hy brid sy stems. Subpart G

— Special Compliance Provisions 1037.601 What compliance provisions appl y to these vehicles? 1037.610 Vehicles with innovative technologies. 1037.615 Hy

brid vehicles and other advanced technologies. 1037.620 Shipment of incomple te vehicles to secondary vehicle manufacturers. 1037.630 Special purpose tractors.***** E.O. 12866 Review**
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649 of 971 1037.631 Exemption for vocational vehicles intended for offroad use. 1037.640 Variable vehicle speed limiters. 1037.645 In - use compliance with famil y emission limits (FEL s). 1037.650 Tire manufacturers. 1037.655 Post - useful life vehicle modifications. 1037.660 Automatic engine shutdown sy stems. Subpart H

—

Averaging, Banking, and Trading for Certification 1037.701 General provisions. 1037.705 Generating and calculating emission credits. 1037.710 Averaging. 1037.715 Banking. 1037.720 Trading. 1037.725 What must Iinclude in my application for certification? 1037.730 ABT reports. 1037.735 Recordkeeping. 1037.740 Restrictions for using emission credits. 1037.745 End - of

- ye ar CO 2 credit deficits. 1037.750 What can happen if I do not compl y with the provisions of this subpart? 1037.755 Information provided to the Department of Transportation. Subpart I

—Definitions and Other Reference Information 1037.801 Defin itions.***** E.O. 12866 Review**
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650 of 971 1037.805 Sy

mbols, acrony

ms, and abbreviations. 1037.810 Incorporation by reference. 1037.815 What provisions apply to confidential information? 1037.820 Requesting a hearing. 1037.825 Reporting and recordkeeping requirements. Appendix Ito part 1037

— Heav y - dut y Transient Chassis Test Cycle Appendix II to part 1037

— Power Take - Off Test Cycle Appendix III to part 1037

—Emission Control I dentifiers Authority : 42 U.S.C. 7401 - 7671q. **Subpart A —**  **Overview and Applicability §**  **1037.1 Applicability** This part contains standards and other regulations applicable to the emission of the air pollutant defined as the aggregate group of six greenhouse gases: carbon dioxide, nitrous oxide, methane, hydrofluorocarbons, perfluro carbons, and sulfur hexafluoride. The regulations in this part 1037 apply for all new heavy - dut y vehicles, except as provided in §1037.5. This includes electric vehicles and vehicles fueled b y conventional and alternative fuels. **§ 1037.5 Excluded vehi cles.**  Except for the definitions specified in §1037.801, this part does not apply to the following vehicles: (a) Vehicles not meeting the definition of “motor vehicle”. (b) Vehicles excluded from the definition of “heavy- dut y vehicle” in §1037.8 01 because of vehicle weight, weight rating, and frontal area (such as light - dut y vehicles and light duty trucks).***** E.O. 12866 Review**
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651 of 971 (c) Medium - dut y passenger vehicles. (d) Vehicles produced in model y ears before 2014, unless they are certified under § 1037.150. (e) Vehi cles subject to the light - dut y greenhouse gas standards of 40 CFR part 86. See 40 CFR 86.1818 for greenhouse gas standards that apply for these vehicles. An example of such a vehicle would be a vehicle meeting the definition of “heav y - duty vehicle” in § 1037.801 and 40 CFR 86.1803, but also meeting the definition of “light truck” in 40 CFR 86.1818 - 12(b)(2). **§ 1037.10 How is this part organized?** This part 1037 is divided into subparts as described in this section. Note that only subparts A, B , and I of this part apply for vehicles subject to the standards of § 1037.104, as described in that section. (a) Subpart A of this part defines the applicability of part 1037 and gives an overview of regulatory

requirements. (b) Subpart B of this part describes the emission standards and other requirements that must be met to certify

vehicles under this part. Note that § 1037.150 discusses certain interim requirements and compliance provisions that apply onl y for a limited time. (c) Subpart C of this p art describes how to apply for a certificate of conformity for vehicles subject to the standards of § 1037.105 or § 1037.106. (d) [Reserved] (e) Subpart E of this part addresses testing of in - use vehicles. (f) Subpart F of this part describes how to test your vehicles and perform emission modeling (including references to other parts of the Code of Federal Regulations) for vehicles subject to the standards of § 1037.105 or § 1037.106. (g) Subpart G of this part and 40 CFR part 1068 describe requirements, p rohibitions, and other provisions that apply to manufacturers, owners, operators, rebuilders, and all others. Section 1037.601 describes how 40 CFR part 1068 applies for heav y - dut y vehicles. (h) Subpart H of this part describes how you may generate and us e emission credits to certify vehicles that are subject to the standards of § 1037.105 or § 1037.106. (i) Subpart I of this part contains definitions and other reference information. **§ 1037.15 Do any other regulation parts apply to me?******* E.O. 12866 Review**
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652 of 971 (a) Parts 1065 and 1066 of this chapter describe procedures and equipment specifications for testing engines and vehicles to measure exhaust emissions. Subpart F of this part 1037 describes how to apply the provisions of part 1065 and part 1066 of this chapter t o determine whether vehicles meet the exhaust emission standards in this part. (b) As described in § 1037.601, certain requirements and prohibitions of part 1068 of this chapter apply

to everyone, including anyone who manufactures, imports, installs, owns , operates, or rebuilds an y of the vehicles subject to this part 1037. Part 1068 of this chapter describes general provisions that apply broadly , but do not necessarily appl y for all vehicles or all persons. The issues addressed by these provisions inclu de these seven areas: (1) Prohibited acts and penalties for manufacturers and others. (2) Rebuilding and other aftermarket changes. (3) Exclusions and exemptions for certain vehicles. (4) Importing vehicles. (5) Selective enforcement audits of your production. (6) Recall. (7) Procedures for hearings. (c) Part 86 of this chapter applies for certain vehicles as specified in this part. For example, the test procedures and most of part 86, subpart S, applies for vehicles subject to § 1037.104. (d) O ther parts of this chapter appl y if referenced in this part. **§ 1037.30 Submission of information.** Send all reports and requests for approval to the Designated Compliance Officer (see § 1037.801). See § 1037.825 for additional reporting and recordkeeping provisions. **Subpart B —** **Emission Standards and Related Requirements § 1037.101 Overview of emission standards for heavy**  **- duty vehicles.**  (a) This part specifies emission standards for certain vehicles and for certain pollutants. It also summarizes other standards that appl y under 40 CFR part 86. This part contains***** E.O. 12866 Review**
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653 of 971 standards and other regulations applicable to the emission of the air pollutant defined as the aggregate group of six greenhouse gases: carbon dioxide, nitrous oxide, methane, hydrofluorocarbons, perflurocarbons, and sulfur hexafluoride. (b) The regulated emissions are addressed in four groups: (1) Exhaust emissions of NO **X** , HC, PM, and CO. These pollutants are sometimes described collectivel y as “criteria pollutants” because they are either criteria pollutants under the Clean Air Act or precursors to the criteria pollutant ozone. These pollutants are also sometimes described collectively as “non - greenhouse gas pollutants”, although they do not necessarily have negligible global warming potential. As described in § 1 037.102, standards for these pollutants are provided in 40 CFR part 86. (2) Exhaust emissions of CO 2 , CH 4 , and N 2 O . These pollutants are described collectively

in this part as “greenhouse gas pollutants” because they are regulated primarily based on their impact on the climate. These standards are provided in § § 1 037.104 through 1037.106. (3) H ydrofluorocarb ons. These pollutants are also “greenhouse gas pollutants” but are treated separately

from exhaust greenhouse gas pollutants listed in paragraph (b)(2) of this section. These standards are provided in § 1 037.115. (4) Fuel evaporative emissions. These req uirements are described in 40 CFR part 86 . (c) The regulated heav y - duty vehicles are addressed in different groups as follows: (1) For criteria pollutants, vehicles are regulated based on gross vehicle weight rating (GVWR), whether they

are considered “sp ark - ignition” or “compression - ignition,” and whether they

are first sold as complete or incomplete vehicles. These groupings apply as described in 40 CFR part 86. (2) For greenhouse gas pollutants, vehicles are regulated in the following groups: (i) Compl ete and certain incomplete vehicles at or below 14,000 pounds GVWR (see § 1 037.104 for further specification). Certain provisions of 40 CFR part 86 apply for these vehicles; see § 1 037.104(h) for a list of provisions in this part 1037 that also apply

for these vehicles. These provisions may also be optionally applied to certain other vehicles, as described in §1037.104. (ii) Tractors above 26,000 pounds GVWR. (iii) All other vehicles subject to standards under this part. These other vehicles are referred to as “vocational” vehicles. **§ 1037.102 Exhaust emission standards for NO X** **, HC, PM, and CO.** See 40 CFR part 86 for the exhaust emission standards for NO X , HC, PM, and CO that apply for heavy - dut y vehicles. **§ 1037.104 Exhaust emissio n standards for CO**  **2 , CH**  **4 , and N**  **2 O for heavy**  **- duty**  **vehicles at or below 14,000 pounds GVWR.** This section applies for heav y - dut y vehicles at or below 14,000 pounds GVWR. See***** E.O. 12866 Review**
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654 of 971 paragraph (f) and §1037.150 of this section for provisions excluding certain vehicles from this section, and allowing other vehicles to be certified under this section. (a) Fleet - average CO 2 emission standards . Fleet - average CO 2 emission standards appl y for each manufacturer as follows: (1) Calculate a work factor, WF, for each vehicle subconfiguration (or group of subconfigurations allowed under paragraph (a)(4) of this section), rounded to the nearest pound, using the following equation: WF = 0.75× (GVWR - Curb Weight + xwd) + 0.25 × (GCWR

– GVWR) Where: xwd = 500 pounds if the vehicle has four - wheel drive or all - wheel drive; xwd = 0 pounds for all other vehicles. (2) Us ing the appropriate work factor, calculate a target value for each vehicle subconfiguration (or group of subconfigurations allowed under paragraph (a)(4) of this section) you produce using one of the following equations, rounding to the nearest 0.1 g/mile : (i) For spark - ignition vehicles: CO 2 Target (g/mile) = 0.0440 × WF + 339 (ii) For compression - ignition vehicles and vehicles that operate without engines (such as electric vehicles and fuel cell vehicles): CO 2 Target (g/mile) = 0.0416 × WF + 320 (3) Calc ulate a production - weighted average of the target values and round it to the nearest 0.1 g/mile. This is your fleet - average standard. All vehicles subject to the standards of this section form a single averaging set. Use the following equation to calcul ate your fleet - average standard from the target value for each vehicle subconfiguration (Target i ) and U.S. - directed production volume of each vehicle subconfiguration for the given model ye ar (Volume i ): 

##     Target Volume Fleet-Average Standard Volume i i

i   

#   (4) You may

group subconfigurations within a configuration together for purposes of calculating your fleet - average standard as follows: (i) You may

group together subconfigurations that have the same equivalent test weight (ETW), GVWR, and GCWR. Calculate your work factor and target value assuming a curb weight equal to two times ETW minus GVWR. (ii) You may

group together other subconfigurations if you use the lowest target value calculated for an y of the subconfigurations.***** E.O. 12866 Review**
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655 of 971 (b) Production and in - use CO 2 standards. Each vehicle you produce that is subject to the standards of this section has an “in - use” CO 2 standard that is calculated from your test result and that applies for selective enforcement audits and in - use testing. This in - use CO 2 standard for each vehic le is equal to the applicable deteriorated emission level multiplied by

1.10 and rounded to the nearest 0.1 g/mile. (c) N 2 O and CH 4 standards. Except as allowed under this paragraph (c), all vehicles subject to the standards of this section must comply wi th an N 2 O standard of 0.05 g/mile and a CH 4 standard of 0.05 g/mile. You may specify CH 4 and/or N 2 O alternate standards using CO 2 emission credits instead of these otherwise applicable emission standards for one or more test groups, consistent with the pro visions of 40 CFR 86.1818. To do this, calculate the CH 4 and/or N 2 O emission credits needed (negative credits) using the equation in this paragraph (c) based on the FEL(s) you specify for your vehicles during certification. You must adjust the calculated emissions by the global warming potential (GWP): GWP equals 25 for CH 4 and 298 for N 2 O. This means you must use 25 Mg of positive CO 2 credits to offset 1 Mg of negative CH 4 credits and 298 Mg of positive CO 2 credits to offset 1 Mg of negative N 2 O credits . Note that 40 CFR 86.1818 - 12(f) does not apply for vehicles subject to the standards of this section. Calculate credits using the following equation: CO 2 Credits Needed (Mg) = [(FEL - Std) × (U.S. - directed production volume) × (Useful Life)] × (GWP) ÷ 1,000,000 (d) Compliance provisions . Except as specified in this paragraph (d) or elsewhere in this section, the provisions of 40 CFR part 86, describing co mpliance with the greenhouse gas standards of 40 CFR part 86, subpart S, apply with respect to the standards of paragraphs (a) through (c) of this section. (1) The CO 2 standards of this section apply with respect to CO 2 emissions, not with respect to carbo n - related exhaust emissions (CREE). (2) Vehicles subject to the standards of this section are included in a single greenhouse gas averaging set separate from an y averaging sets otherwise included in 40 CFR part 86. (3) Special credit and incentive provis ions related to flexible fuel vehicles and air conditioning in 40 CFR part 86 do not apply for vehicles subject to the standards of this section. (4) The CO 2 , N 2 O, and CH 4 standards apply for a weighted average of the city (55%) and highway

(45%) test cycl e results as specified for light - dut y vehicles in 40 CFR part 86, subpart S. Note that this differs from the way the criteria pollutant standards apply for heavy - dut y vehicles. (5) Appl y an additive deterioration factor of zero to measured CO 2 emissions unless good engineering judgment indicates that emissions are likel y to deteriorate in use. Use good engineering judgment to develop separate deterioration factors for N 2 O and CH 4 .***** E.O. 12866 Review**
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656 of 971 (6) Credits are calculated using the useful life value (in miles) in place of the “vehicle lifetime miles” specified in 40 CFR part 86, subpart S. (7) Credits generated from hy brid vehicles with regenerative braking or from vehicles with other advanced technologies may be used to show compliance with any standards of this part or 40 CFR part 1036, subject to the service class restrictions in §1037.740. Include these vehicles in a separate fleet - average calculation (and exclude them from your conventional fleet - average calculation). You must first apply these advanced technolog y vehicle credits to an y deficits for other vehicles in the averaging set before applyingthem to other averaging sets. (8) The provisions of 40 CFR 86.1818 do not apply. (9) Calculate your fleet - average emission rate consistent with good engineering judgm ent and the provisions of 40 CFR 86.1865. The following additional provisions apply : (i) Unless we approve a lower number, you must test at least ten subconfigurations. If yo u produce more than 100 subconfigurations in a given model year, you must test at least ten percent of your subconfigurations. For purposes of this paragraph (9)(i), count carryover tests, but do not include anal yt ically

derived CO 2 emission rates, data substitutions, or other untested allowances. We may

approve a lower number of t ests for manufacturers that have limited product offerings, or low sales volumes. Note that good engineering judgment and other provisions of this part may require you to test more subconfigurations than these minimum values. (ii) The provisions of paragr aph (g) of this section specify how you may use anal yt ically

derived CO 2 emission rates. (iii) At least 90 percent of final production volume at the configuration level must be represented b y test data (real, data substituted, or anal yt ical). (10) For dual fuel, multi - fuel, and flexible fuel vehicles, perform exhaust testing on each fuel ty

pe (for example, gasoline and E85). (i) For your fleet - average calculations, use either the conventional - fueled CO 2 emission rate or a weighted average of your emission results as specified in 40 CFR 600.510

– 12(k) for light - dut y trucks. (ii) If you certify

to an alternate standard for N 2 O or CH 4 emissions, you may not exceed the alternate standard when tested on either fuel. (11) Test your vehicles with an equivalent te st weight based on its Adjusted L oaded Vehicle Weight (ALVW). Determine equivalent test weight from the ALVW as specified in 40 CFR 86.129, except that you may round values to the nearest 500 pound increment for ALVW above 14,000 pounds).***** E.O. 12866 Review**
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657 of 971 (12) The followi ng definitions apply for purposes of this section: (i) Configuration means a subclassification within a test group which is based on engine code, transmission ty pe and gear ratios, final drive ratio, and other parameters which we designate. Note that thi s differs from the definition in 40 CFR 86.1803 because it excludes inertia weight class as a criterion. (ii) Subconfiguration means a unique combination within a vehicle configuration (as defined in this paragraph (d)(12)) of equivalent test weight, road - load horsepower, and an y other operational characteristics or parameters that we determine may

significantly

affect CO 2 emissions within a vehicle configuration. (iii) The terms “complete vehicle” and “incomplete vehicle” have the meanings given for “compl ete heavy - dut y vehicle” and “incomplete heav y - dut y vehicle” in 40 CFR 86.1803. (13) This paragraph (d)(13) applies for CO 2 reductions resulting from technologies that were not in common use before 2010 that are not reflected in the specified test procedures. We may

allow you to generate emission credits consistent with the provisions of 40 CFR 86.1866 - 12(d). You do not need to provide justification for not using the 5 - cycle methodology option. (14) You must submit pre - model year reports before you submit your applications for certification for a given model year. Unless we specify otherwise, include the information specifie d for pre - model year reports in 49 CFR 535.8. (e) Useful life. Your vehicles must meet the exhaust emission standards of this section throughout their full useful life, expressed in service miles or calendar ye ars, whichever comes first. The useful life values for the standards of this section are those that apply for criteria pollutants under 40 CFR part 86. (f) Exclusion of vehicles not certified as complete vehicles. The standards of this section apply for each vehicle that is chassis - certified with r espect to criteria pollutants under 40 CFR part 86, subpart S. The standards of this section do not apply for other vehicles, except as noted in §1037.150. Note that vehicles excluded under this paragraph (f) are not considered to be “subject to the stan dards of this section.” The vehicle standards and requirements of § 1037.105 apply for the excluded vehicles. The GHG standards of 40 CFR part 1036 also apply for engines used in these excluded vehicles. If you are not the engine manufacturer, yo u must notify the engine manufacturer that its engines are subject to 40 CFR part 1036 because you intend to use their engines in your excluded vehicles. (g) Anal yt icall y derived CO 2 emission rates (ADCs). This paragraph (g) describes an allowance to use estimated (i.e., analy tically derived) CO 2 emission rates based on baseline test data instead of measured emission rates for calculating fleet - average emissions. Note that these ADCs are similar to ADFEs used for light - duty vehicles. Note also that F terms u sed in this paragraph (g) represent coefficients from the following road load equation:***** E.O. 12866 Review**
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658 of 971 − ( ) ( ) = 0 + 1 ∙ ( ) + 2 ∙ ( ) (1) Except as specified in paragraph (g)(2) of this section, use the follo wing equation to calculate the ADC of a new vehicle from road load force coefficients (F0, F1, F2), axle ratio, and test weight :

= 2 + 2 . 18 ∙ ∆ 0 + 37 . 4 ∙ ∆ 1 + 2257 ∙ ∆ 2 + 189 ∙ ∆ + 0 . 0222

∙ ∆ Where: ADC = Anal yt icall y derived combined cit y/h ighway CO 2 emission rate (g/mile) for a new vehicle. CO 2base = C ombined city

/highway CO 2 emission rate (g/mile) of a baseline vehicle. ΔF0 = F0 of the new vehicle

– F0 of the baseline vehicle. ΔF1 = F1 of the new vehicle

– F1 of the baseline vehicle. ΔF2 = F2 of the new vehicle

– F2 of the baseline vehicle. ΔAR = Axle ratio of the new vehicle

– axle ratio of the baseline vehicle. ΔETW = ETW of the new vehicle

– ETW of the baseline vehicle. (2) The purpose of this section is to accuratel y estimate CO 2 emissi on rates. You must apply

the provisions of this section consistent with good engineering judgment. For example, do not use the equation in paragraph (g)(1) of this section where good engineering judgment indicates that it will not accuratel y estimate emi ssions. You may ask us to approve alternate equations that allow you to estimate emissions more accuratel y. (3) You may

select, without our prior approval, baseline test data that meet all the following criteria: (i) Vehicles considered for selection for the baseline test must comply with all applicable emission standards in the model year associated with the ADC. (ii) You must include in the pool of tests which will be considered for baseline selection all official tests of the same or equivalent basic en gine, transmission class, engine code, transmission code, engine horsepower, dyn amometer drive***** E.O. 12866 Review**
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6 59 of 971 wheels, and compression ratio as the ADC subconfiguration. Do not include tests in which emissions exceed an y applicable standards. (iii) Where necessary

to min imize the CO 2 adjustment, you may supplement the pool with tests associated with worst - case engine or transmission codes and carryover or carry - across engine families. If you do, all the data that qualify for inclusion using the elected worst - case substi tution (or carryover or carry - across) must be included in the pool as supplemental data (i.e., individual test vehicles may not be selected for inclusion). You must also include the supplemental data in all subsequent pools, where applicable. (iv) Tests previousl y used during the subject model year as baseline tests in ten other ADC subconfigurations must be eliminated from the pool. (v) Select the tested subconfiguration with the smallest absolute difference between the ADC and the test CO 2 emission rate for combined emissions. Use this as the baseline test for the target ADC subconfiguration. (4) You may

ask us to allow you use baseline test data not fully meeting the provisions of paragraph (g)(3) of this section. (5) Calculate the ADC rounded to the n earest 0.1 g/mile. The downward adjustment of ADC from the baseline is limited to ADC values 20 percent below the baseline emission rate (i.e., baseline emission rate × 0.80). The upward adjustment is not limited. (6) You may

not submit an ADC if an actual test has been run on the target subconfiguration during the certification process or on a development vehicle that is eligible to be declared as an emission - data vehicle. (7) No more than 40 percent of the subconfigurations tested in your final CO 2 submis sion may

be represented by

ADCs. (8) You must retain for five years the pool of tests, the vehicle description and tests chosen as the baseline and the basis for its selection, the target ADC subconfiguration, and the calculated emission rates. We may ask to see these records at an y time. (9) We may

perform or order a confirmatory test of any

subconfiguration covered b y an ADC. (10) Where we determine that you did not full y comply with the provisions of this paragraph (g), we may

rescind the use of ADC data, require generation of actual test data, and require recalculation of your fleet - average emission rate. (h) Applicability

of part 1037 provisions . Except as specified in this section, the requirements of this part do not apply to vehicles certified to the standards of this section. The following provisions are the onl y provisions of this part that apply to vehi cles certified under this section:***** E.O. 12866 Review**
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660 of 971 (1) The provisions of this section. (2) [Reserved] (3) The air conditioning standards in § 1037.115. (4) The interim provisions of § 1037.150(a), (b), (c), (e) - (i), (l), and (m). (5) The definitions of § 1037.801, to the extent such terms are used relative to vehicles subject to standards under this section. **§ 1037.105 Exhaust emission standards for CO 2**  **for vocational vehicles.** (a) The standards of this section apply for the following vehicles: (1) Vehicles above 14, 000 pounds GVWR and at or below 26,000 pounds GVWR, but not certified to the vehicle standards §1037.104. (2) Vehicles above 26,000 pounds GVWR that are not tractors. (3) Vocational tractors. (4) Vehicles at or below 14,000 pounds GVWR that are excluded fr om the standards in § 1037.104 under § 1037.104 (f) or use engines certified under §1037.150(m). (b) The CO 2 standards of this section are given in Table 1 to this section. The provisions of § 1037.241 specify

how to comply

with these standards. Table 1 to § 1037.105

— CO 2 Standards for Vocational Vehicles GVWR (pounds) CO 2 Standard (g/ton - mile) for Model Years 2014 - 2016 CO 2 Standard (g/ton - mile) for Model Year 2017 and later GVWR < 19,500 388 373 19,500 < GVWR < 33,000 234 225 33,000 < GVWR 226 222 (c) No CH 4 or N 2 O standards appl y under this section. See 40 CFR part 1036 for CH 4 or N 2 O standards that appl y to engines used in these vehicles. (d) You may

generate or use emission credits under the ABT program as described in subpart H of this part. T his requires that you specify a Famil y Emission L imit (FEL) for CO 2 for each vehicle subfamily . The FEL may not be less than the result of emission modeling from § 1037.520. These FELs serve as the emission standards for the vehicle subfamily instead of the standards specified in paragraph (b) of this section.***** E.O. 12866 Review**
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661 of 971 (e) Your vehicles must meet the exhaust emission standards of this section throughout their full useful life, expressed in service miles or calendar y ears, whichever comes first. The following us eful life values appl y for the standards of this section: (1) 110,000 miles or 10 years, whichever comes first, for vehicles at or below 19,500 pounds GVWR. (2) 185,000 miles or 10 years, whichever comes first, for vehicles above 19,500 pounds GVWR and at or below 33,000 pounds GVWR. (3) 435,000 miles or 10 years, whichever comes first, for vehicles above 33,000 pounds GVWR. (f) See § 1037.631 for provisions that exempt certain vehicles used in off - road operation from the standards of this section. (g) You may

optionall y certify

a vocational vehicle to the standards and useful life applicable to a higher vehicle service class (such as medium heav y - dut y instead of light heav y - dut y), provided yo u do not generate credits with the vehicle. If you include small er vehicles in a credit - generating subfamily (with an FEL below the standard), exclude its production volume from the credit calculation. **§ 1037.106 Exhaust emission standards for CO 2**  **for tractors above 26,000 pounds GVWR.**  (a) The CO 2 standards of this s ection apply for tractors above 26,000 pounds GVWR. Note that the standards of this section do not apply for vehicles classified as “vocational tractors” under §1037.630, (b) The CO 2 standards for tractors above 26,000 pounds GVWR are given in Table 1 t o this section. The provisions of § 1037.241 specify how to compl y with these standards.***** E.O. 12866 Review**
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662 of 971 Table 1 to § 1037.106

— CO 2 Standards for Tractors above 26,000 Pounds GVWR GVWR (pounds) Sub - category CO 2 Standard (g/ton - mile) for Model Years 2014 - 2016 CO 2 Standard

(g/ton - mile) for Model Year 2017 and later 26,000 < GVWR < 33,000 Low - Roof (all cab st yl es) 107 104 Mid - Roof (all cab st yl es) 119 115 High - Roof (all cab st yl es) 124 120 GVWR > 33,000 Low - Roof Day Cab 81 80 Low - Roof Sleeper Cab 68 66 Mid - Roof Day

Cab 88 86 Mid - Roof Sleeper Cab 76 73 High - Roof Day

Cab 92 89 High - Roof Sleeper Cab 75 72 (c) No CH 4 or N 2 O standards appl y under this section. See 40 CFR part 1036 for CH 4 or N 2 O standards that appl y to engines used in these vehicles. (d) You may

generate or use emission credits under the ABT program, as described in subpart H of this part. This requires that you specify a Famil y Emission L imit (FEL) for each pollutant you include in the ABT program for each vehicle subfamily . The FEL may not be less than the result of emission modeling from § 1037.520. These FELs serve as the emission standards for the specific vehicle subfamily instead of the standards specified in paragraph (a) of this section. (e) Your vehicles must me et the exhaust emission standards of this section throughout their full useful life, expressed in service miles or calendar y ears, whichever comes first. The following useful life values appl y for the standards of this section: (1) 185,000 miles or 10 ye ars, whichever comes first, for vehicles at or below 33,000 pounds GVWR. (2) 435,000 miles or 10 years, whichever comes first, for vehicles above 33,000 pounds GVWR. (f) You may

optionall y certify

a tractor to the standards and useful life applicable to a higher vehicle service class (such as heav y heav y - duty instead of medium heavy - dut y), provided you do not generate credits with the vehicle. If you include smaller ve hicles in a credit - generating subfamily (with an FEL below the standard), exclude its production volume from the credit calculation. **§ 1037.115 Other requirements.******* E.O. 12866 Review**
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663 of 971 Vehicles required to meet the emission standards of this part must meet the following ad ditional requirements, except as noted elsewhere in this part: (a) Adjustable parameters. Vehicles that have adjustable parameters must meet all the requirements of this part for an y adjustment in the phy sicall y adjustable range. We may require that you set adjustable parameters to an y s pecification within the adjustable range during an y t es ting. See 40 CFR part 86 for information related to determining whether or not an operating parameter is considered adjustable. You must ensure safe vehicle operation throughout the phy sicall y adjustable range of each adjustable parameter, including cons ideration of production tolerances. Note that adjustable roof fairings are deemed not to be adjustable parameters. (b) Prohibited controls. You may not design your vehicles with emission control devices, sy stems, or elements of design that cause or contribute to an unreasonable risk to public health, welfare, or safet y while operating. For example, this would apply if the vehicle emits a noxious or toxic substance it would otherwise not emit that contributes to such an unreasonable risk. (c) Air conditioning leakage. Loss of refrigerant from your air conditioning s ys tems may not exceed 1.50 percent per year, except as allowed by paragraphs (c)(2) and (3) of this section. Calculate the total leakage rate in g/ye ar as specified in 40 CFR 86.166. Calculate the percent leakage rate as: [total leakage rate (g/y r)] ÷ [total refrigerant capacity (g)] × 100 . Round your leakage rate to the nearest one - hundredth of a percent. See **§** 1 037.150 for vocational vehicles. (1) For purpose of this requirement, “ refrigerant capacit y” is the total mass of refrigerant recommended by the vehicle manufacturer as representing a full charge. Where full charge is specified as a pressure, use good engineering judgment to convert the pressure and sy stem volume to a mass. (2) If your system uses a refrigerant other than HFC

– 134a, adjust your leakage rate by multiplying it by

the global warming potential of your refrigerant and dividing the product b y 1430 (which is the global warming potential of HFC

– 134a). Apply this adju stment before comparing your leakage rate to the standard. Determine global warming potentials consistent with 40 CFR 86.1866. Note that global warming potentials represent the equivalent grams of CO 2 that would have the same global warming impact (over 100 years) as one gram of the refrigerant. (3) If your total refrigerant capacit y is less than 734 grams, your leakage rate may exceed 1.50 percent, as long as the total leakage rate does not exceed 11.0 g/yr. If yo ur s ys tem uses a refrigerant other than HFC

– 134a, you may adjust your leakage rate as specified in paragraph (c)(2) of this section. **§ 1037.120 Emission -**  **related warranty requirements.** (a) General requirements . You must warrant to the ultimate purchaser and each subsequent purchaser that the new vehicle, including all parts of its emission control sy stem, meets two conditions: (1) It is designed, built, and equipped so it conforms at the time of sale to the ultimate purchaser with the requirements of this part.***** E.O. 12866 Review**
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664 of 971 (2) It is free from de fects in materials and workmanship that cause the vehicle to fail to conform to the requirements of this part during the applicable warranty period. (b) Warrant y period . (1) Your emission - related warrant y must be valid for at least: (i) 5 y ears or 50,000 miles for spark - ignition vehicles and light heav y - dut y vehicles. (ii) 5 years or 100,000 miles for medium and heavy heavy - dut y vehicles. (iii) 2 years or 24,000 miles for tires. (2) You may

offer an emission - related warrant y m ore generous than we require. The emission - related warranty for the vehicle may not be shorter than any

basic mechanical warrant y you provide to that owner without charge for the vehicle. Similarly , the emi ssion - related warrant y for an y component may not be shorter than any warrant y you provide to that owner without charge for that component. This means that your warrant y for a given vehicle may not treat emission - related and nonemission - related defects dif ferently for any component. The warrant y period begins when the vehicle is placed into service. (c) Components covered . The emission - related warrant y covers vehicle speed limiters, idle shutdown sy stems, fairings, and hy brid s ys tem components, to the ext ent such emission - related components are included in the certified emission controls. The emission - related warranty covers tires and all components whose failure would increase a vehicle's evaporative emissions (for vehicles subject to evaporative emissi on standards). The emission - related warranty covers these components even if another company produces the component. Your emission - related warranty does not need to cover components whose failure would not increase a vehicle's emissions of an y regulated pollutant. (d) Li mited applicability . You may deny warrant y claims under this section if the operator caused the problem through improper maintenance or use, as described in 40 CFR 1068.115. (e) Owners manual . Describe in the owners manual the emission - rel ated warrant y provisions from this section that apply to the vehicle. **§ 1037.125 Maintenance instructions and allowable maintenance.** Give the ultimate purchaser of each new vehicle written instructions for properl y maintaining and using the vehicle, including the emission control sy stem. The maintenance instructions also apply to service accumulation on any of your emission - data vehicles. See paragraph (i) of this section for requirements related to tire replacement. (a) Critical emission - r elated maintenance . Critical emission - related maintenance***** E.O. 12866 Review**
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665 of 971 includes an y adjustment, cleaning, repair, or replacement of critical emission - related components. This may

also include additional emission - related maintenance that you determine is critical if w e approve it in advance. You may schedule critical emission related maintenance on these components if you demonstrate that the maintenance is reasonabl y likel y to be done at the recommended intervals on in - use vehicles. We will accept scheduled maintenance as reasonabl y likely to occur if you satisfy any of the following conditions: (1) You present data showing that, if a lack of maintenance increases emissions, it also unacceptabl y degrades the vehicle’s performance. (2) You present survey

data showing that at least 80 percent of vehicles in the field get the maintenance you specify at the recommended intervals. (3) You provide the maintenance free of charge and clearl y sa y so in your maintenance instructions. (4) You otherwise show us that the maintenance is reasonabl y likel y to be done at the recommended intervals. (b) Recommended additional maintenance . You may recommend any

additional amount of maintenance on the components listed in paragraph (a) of this section, as long as you state clearly

that these maintenance steps are not necessary to keep the emission - related warranty valid. If operators do the maintenance specified in paragraph (a) of this section, but not the recommended additional maintenance, this does not allow you to disqualify those vehicles from in - use testing or deny a warranty

claim. Do not take these maintenance steps during service accumulation on your emission - data vehicles. (c) Special maintenance . You may specify more frequent maintenance to address problems related to specia l situations, such as aty pical vehicle operation. You must clearl y state that this additional maintenance is associated with the special situation you are addressing. We may

disapprove your maintenance instructions if we determine that yo u have specified special maintenance steps to address vehicle operation that is not aty pical, or that the maintenance is unlikel y to occur in use. If we determine that certain maintenance items do not qualify as special maintenance under this paragraph (c), you may ident ify this as recommended additional maintenance under paragraph (b) of this section. (d) Noncritical emission - related maintenance . Subject to the provisions of this paragraph (d), you may schedule any amount of emission - related inspection or maintenance th at is not covered b y paragraph (a) of this section (that is, maintenance that is neither explicitly identified as critical emission - related maintenance, nor that we approve as critical emission - related maintenance). Noncritical emission - related maintenanc e generall y includes maintenance on the components we specify in 40 CFR part 1068, Appendix I , that is not covered in paragraph (a) of this section. You must state in the owners manual that these steps are not necessary to keep the emission - related warranty valid. I f operators fail to do this maintenance, this does not allow you to disqualify those vehicles***** E.O. 12866 Review**
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666 of 971 from in - use testing or deny a warrant y claim. Do not take these inspection or maintenance steps during service accumulation on your emission - data veh icles. (e) Maintenance that is not emission - related . For maintenance unrelated to emission controls, you may

schedule any

amount of inspection or maintenance. You may also take these inspection or maintenance steps during service accumulation on your emission - data vehicles, as long as they

are reasonable and technologicall y necessary . You may perform this nonemission - related maintenance on emission - data vehicles at the least frequent intervals that you recommend to the ultimate purchaser (but not the intervals recommended for severe service). (f) Source of parts and repairs . State clearly on the first page of your written maintenance instructions that a repair shop or person of the owner's choosing may maintain, replace, or repair emission control devi ces and s ys tems. Your instructions may not require components or service identified by brand, trade, or corporate name. Also, do not directly or indirectl y condition your warrant y on a requirement that the vehicle be serviced b y your franchised dealers o r an y other service establishments with which you have a commercial relationship. You may disregard the requirements in this paragraph (f) if you do one of two things: (1) Provide a component or service without charge under the purchase agreement. (2) G et us to waive this prohibition in the public’s interest by convincing us the vehicle will work properly only with the identified component or service. (g) [Reserved] (h) Owners manual . Explain the owner’s responsibility for proper maintenance in the owne rs manual. (i) Tire maintenance and replacement. Include instructions that will enable the owner to replace tires so that the vehicle conforms to the original certified vehicle configuration. **§ 1037.135 Labeling.** (a) Assign each vehicle a unique identification number and permanentl y affix, engrave, or stamp it on the vehicle in a legible way . The vehicle identification number (VIN) serves this purpose. (b) At the time of manufacture, affix a permanent and legible label identifying each veh icle. The label must be

– (1) Attached in one piece so it is not removable without being destro ye d or defaced. (2) Secured to a part of the vehicle needed for normal operation and not normally requiring replacement.***** E.O. 12866 Review**
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667 of 971 (3) Durable and readable for the vehicle ’s entire life. (4) Written in English. (c) The label must

— (1) Include the heading "VEHICLE EMISSION CONTROL INFORMATION". (2) Include yo ur full corporate name and trademark. You may identify another compan y and use its trademark instead of yours if you compl y with the branding provisions of 40 CFR 1068.45. (3) Include EPA’s standardized designation for the vehicle family . (4) State the regulatory

sub - category

that determines the applicable emission standards for the vehicle family (see definition in § 10 37.801). (5) State the date of manufacture [DAY (optional), MONTH, and YEAR]. You may omit this from the label if you stamp, engrave, or otherwise permanentl y identify it elsewhere on the engine, in which case you must also describe in your application for certification where you will identify the date on the engine. (6) Identify

the emission control sy stem. Use terms and abbreviations as described in Appendix III to this part or other applicable conventions. (7) Identify

any requirements for fuel and lubricants that do not involve fuel - sulfur levels. (8) State: "THI S VEHICLE COMPLIES WITH U.S. EPA REGULAT IO NS FOR [MODELYEAR] HEAVY - DUTY VEHICLES." (9) Include the following statement, if applicable: “THIS VEHICLE IS DESI GNED TO COMPLY WITH EVAPORATIVE EMISSION STANDARDS WI TH UP TO x GALLONS OF FUE L TANK CAPACITY.” Complete this statement by identifying the maximum specified fuel tank capacity associated with your certification. (d) You may

add information to the emission control information label to id entify other emission standards that the vehicle meets or does not meet (such as European standards). You may also add other information to ensure that the vehicle will be properly maintained and used. (e) You may

ask us to approve modified labeling requirements in this part 1037 if you show that it is necessary

or appropriate. We will approve your request if your alternate label is consistent with the requirements of this part. **§ 1037.140 Curb weight and roof height.******* E.O. 12866 Review**
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668 of 971 (a) Where applicable, a vehicle’s curb weight and roof height are determined from nominal design specifications, as provided in this section. Round the weight to the nearest pound and height to the nearest inch. Base roof height on full y inflated tires having a static loaded radius equa l to the arithmetic mean of the largest and smallest static loaded radius of tires you offer or a standard tire we approve. (b) The nominal design specifications must be within the range of the actual weights and roof heights of production vehicles conside ring normal production variability . If after production begins it is determined that your nominal design specifications do not represent production vehicles, we may require you to amend your application for certification under § 1037.225. (c) If your vehi cle is equipped with an adjustable roof fairing, measure the roof height with the fairing in its lowest setting. **§ 1037.150 Interim provisions.** The provisions in this section apply instead of other provisions in this part. (a) In centives for early

introduction . The provisions of this paragraph (a) apply with respect to vehicles produced in model years before 2014 Manufacturers may voluntarily certify in model year 2013 (or earlier model years for electric vehicles) to the greenhouse gas st andards of this part. (1) This paragraph (a)(1) applies for regulatory sub - categories subject to the standards of §1037.105 or 1037.106. Except as specified in paragraph (a)(3) of this section, to generate earl y credits under this paragraph for any vehicles other than electric vehicles, you must certify yo ur entire U.S. - directed production volume within the regulatory

sub - category

to these standards. Except as specified in paragraph(a)(4) of this section, if some vehicle families within a regulatory sub - category are certified after the start of the model year, you may generate credits onl y for production that occurs after all families are certified. For example, if you produce three vehicle families in an averaging set and you receive your certificates for those families on January 4, 2013, March 15, 2013, and April 24, 2013, you may not generate credits for model year 2013 production in any of the families that occurs before April 24, 2013. Calculate credits relative to the standard that would appl y in model year 2014 using the equations in subpart H of this part. You may bank credits equal to the surplus credits you generate under this paragraph (a) multiplied by 1.50. For example, if you have 1.0 Mg of surplus credits for model y ear 2013, you may bank 1.5 Mg of credits. Credit deficits for an averaging set prior to model year 2014 do not carry over to model ye ar 2014. These credits may be used to show compliance with the standards of this part for 2014 and later model y ears. We recommend that you notify EPA of your intent to use this provision before submitting your applications. (2) This paragraph (a)(2) applies for regulatory sub - categories subject to the standards of §1037.104. To generate earl y credits under this paragraph for an y vehicle s other***** E.O. 12866 Review**
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669 of 971 than electric vehicles, yo u must certify your entire U.S. - directed production volume within the regulatory

sub - category

to these standards. If you calculate a separate fleet average for advanced - technology vehicles under §1037.104(c)(7), you must certify yo ur entire U.S. - directed production volume of both advanced and conventional vehicles within the regulatory sub - category . Except as specified in paragraph(a)(4) of this section, if some test groups are certified after the start of the model y ear, you may generate credits only

for production that occurs after all test groups are certified. For example, if you produce three test groups in an averaging set and you receive your certificates for those test groups on January 4, 2013, March 15, 2013, and April 24, 2013, you may

not generate credits for model year 2013 production in any of the test groups that occurs before April 24, 2013. Calculate credits relative to the standard that would apply

in model year 2014 using the applicable equations in 40 C FR part 86 and your model y ear 2013 U.S. - directed production volumes. These credits may be used to show compliance with the standards of this part for 2014 and later model ye ars. We recommend that you notify EPA of yo ur intent to use this provision befor e submitting your applications. (3) You may

generate emission credits for the number of additional SmartWay designated tractors (relative to your 2012 production), provided you do not generate credits for those vehicles under paragraph (a)(1) of this secti on. Calculate credits for each regulatory

sub - category

relative to the standard that would appl y in model y ear 2014 using the equations in subpart H of this part. Use a production volume equal to the number of designated model y ear 2013 SmartWay tractors minus the number of designated model year 2012 SmartWay tractors. You may

bank credits equal to the surplus credits you generate under this paragraph multiplied by 1.50. Your 2012 and 2013 model years must be equivalent in length. (4) This paragraph (a)(4) applies where you do not receive your final certificate in a regulatory

sub - category

within 30 day s of submitting your final application for that sub - category . Calculate your credits for all production that occurs 30 day s or more after you submit your final application for the sub - category . (b) Phase - in provisions. Each manufacturer must choose one of the following options for phasing in the standards of § 1037.104: (1) To implement the phase - in under this paragraph (b)(1), the standards in § 103 7.104 apply

as specified for model y ear 2018, with compliance for vehicles in model years 2014 through 2017 based on the CO 2 target values specified in the following table:***** E.O. 12866 Review**
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670 of 971 Table 1 to § 1037.150 Model Year and Engine Cycle Alternate CO 2 Target (g/mile) 2014 Spark - Ignition [0.0482 × (WF)] + 371 2015 Spark - Ignition [0.0479 × (WF)] + 369 2016 Spark - Ignition [0.0469 × (WF)] + 362 2017 Spark - Ignition [0.0460 × (WF)] + 354 2014 Compression - Ignition [0.0478 × (WF)] + 368 2015 Compression - Ignition [0.0474 × (WF)] + 366 2016 Compression - Ignition [0.0460 × (WF)] + 354 2017 Compression - Ignition [0.0445 × (WF)] + 343 (2) To implement the phase in under this paragraph (b)(2), the standards in § 1037.104 apply

as specified for model y ear 2019, with compliance for vehicles in model years 2014 through 2018 based on the CO 2 target values specified in the following table: Table 2 to § 1037.150 Model Year and Engine Cycle Alternate CO 2 Target (g/mile) 2014 Spark - Ignition [0.0482 × (WF)] + 371 2015 Spark - Ignition [0.0479 × (WF)] + 369 2016 - 2018 Spark - Ignition [0.0456 × (WF)] + 352 2014 Compression - Ignition [0.0478 × (WF)] + 368 2015 Compression - Ignition [0.0474 × (WF)] + 366 2016 - 2018 Compression - Ignition [0.0440 × (WF)] + 339 (c) Provisions for small manufacturers . Manufacturers meeting the small business criteria specified in 13 CFR 121.201 for “Heav y Duty Truck Manufacturing” are not subject to the greenhouse gas standards of §§ 1037.104 through 1037.106, as specified in this paragraph (c) . Qualifying manufacturers must notify the Designated Compliance Officer each model ye ar before introducing these excluded vehicles into U.S. commerce. This notification must include a description of the manufacturer’s qualification as a small business under 13 CFR 121.201. You must label your excluded vehicles with the following statement: “THI S VEHICLE IS EXCLUDED UNDER 40 CFR 1037.150(c).”. (d) Air conditioning leakage for vocational vehicles. The air conditioning leakage standard of § 1037.115 does not apply for vocational vehicles. (e) Model ye ar 2014 N 2 O standards. In model ye ar 2014 and earlier, manufacturers may show compliance with the N 2 O standards using an engineering anal ys is. Thi s allowance also applies for later test groups families carried over from model 2014 consistent with the provisions of 40 CFR 86.1839. You may not certify

to an N 2 O FEL different than the standard without measuring N 2 O emissions. (f) Electric vehicles. A ll electric vehicles are deemed to have zero emissions of CO 2 ,***** E.O. 12866 Review**
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671 of 971 CH 4 , and N 2 O. No emission testing is required for electric vehicles. (g) Compliance date. Compliance with the standards of this part is optional prior to January 1, 2014. This means that if your 2014 model y ear begins before January 1, 2014, yo u may certify for a partial model year that begins on January 1, 2014 and ends on the day your mode l year would normally end. You must label model y ear 2014 vehicles excluded under this paragraph (g) with the following statement: “THI S VEHI CL E IS EXCLUDED UNDER 40 CFR 1037.150(g).” (h) Off - road vehicle exemption . In unusual circumstances, vehicle manu facturers may ask us to exempt vehicles under §1037.631 based on other criteria that are equivalent to those specified in §1037.631(a). For example, we would normally not grant relief in cases where the vehicle manufacturer had credits or other compliant tires were available. (i) Credit multiplier for advanced technology . If you generate credits from vehicles certified with advanced technology , you may multiply these credits by

1.50, except that yo u may not appl y this multiplier in addition to the earl y - cr edit multiplier of paragraph (a) of this section. (j) Li mited prohibition related to earl y model ye ar engines . The prohibition in §1037.601 against introducing into U.S. commerce a vehicle containing an engine not certified to the standards of this part do es not apply for vehicles using model y ear 2014 or 2015 spark ignition engines, or an y model year 2013 or earlier engines. (k) Verifying drag areas from in - use vehicles. We may measure the drag area of your vehicles after they

have been placed into servic e. Your vehicle conforms to the regulations of this part with respect to aerodynamic performance if we measure its drag area to be at or below the maximum drag area allowed for the bin to which that configuration was certified. To account for measurement variability , your vehicle is also deemed to conform to the regulations of this part with respect to aerodynamic performance if we measure its drag area to at or below the maximum drag area allowed for the bin above the bin to which you certified (for example, Bin II if you certified the vehicle to Bin III), unless we determine that you knowingl y produced the vehicle to have a higher drag area than is allowed for the bin to which it was certified. (l) Optional certification under §1037.104. You may certif y certain complete or cab complete vehicles to the standards of §1037.104. All vehicles optionally certified under this paragraph (l) are deemed to be subject to the standards of §1037.104. Note that certification under this paragraph (l) does not affect how you may or may not certify

with respect to criteria pollutants. For example, certifying a Class 4 vehicle under this paragraph does not allow you to chassis - certify these vehicles with respect to criteria emissions. (1) You may

certify complete or ca

b - complete spark - ignition vehicles to the standards of §1037.104. (2) You may

appl y the provisions of §1037.104 to cab - complete vehicles based on a complete sister vehicle. In unusual circumstances, you may ask us to apply these***** E.O. 12866 Review**
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672 of 971 provisions to Class 2b or 3 incomplete vehicles that do not meet the definition of cab complete. Except as specified in paragraph (l)(3) of this section, for purposes of §1037.104, a complete sister vehicle is a complete vehicle of the same vehicle configuration (as defined in §1 037.104) as the cab - complete vehicle. Calculate the target value under §1037.104(a) based on the same work factor value that applies for the complete sister vehicle. Test these cab - complete vehicles using the same equivalent test weight and other dynamome ter settings that appl y for the complete vehicle from which you used the work factor value. For certification, you may submit the test data from that complete sister vehicle instead of performing the test on the cab - complete vehicle. You are not required to produce the complete sister vehicle for sale to use the provisions of this paragraph (l)(2). This means the complete sister vehicle may

be a carryover vehicle from a prior model year or a vehicle created solely for the purpose of testing. (3) You may use as complete sister vehicle a complete vehicle that is not of the same vehicle configuration as the cab - complete vehicle as specified in this paragraph (l)(3). This allowance applies where the complete vehicle is not of the same vehicle configuration a s the cab - complete vehicle onl y because of factors unrelated to coastdown performance. If your complete sister vehicle is covered b y this paragraph (l)(3), you may not submit the test data from that complete sister vehicle and must perform the test on the cab - complete vehicle. (m) Lo ose engine sales. This paragraph (m) applies for spark - ignition engines identical to engines used in vehicles certified to the standards of §1037.104, where you sell such engines as loose engines or as engines installed in in complete vehicles that are not cab complete vehicles. For purposes of this paragraph (m), engines would not be considered to be identical if they

used different engine hardware. You may include such engines in a test group certified to the standards of § 1037.104, subject to the following provisions: (1) Engines certified under this paragraph (m) are deemed to be certified to the standards of 40 CFR 1036.108 as specified in 40 CFR 1036.108(a)(4). (2) The U.S. - directed production volume of engines you sell as loose engines or installed in incomplete heav y - dut y vehicles that are not cab - complete vehicles in an y given model ye ar may

not exceed ten percent of the total U.S - directed production volume of engines of that design that you produce for heav y - dut y applications for that model year, including engines you produce for complete vehicles, cab - complete vehicles, and other incomplete vehicles. The total number of engines you may certify under this paragraph (m), of all engine designs, may not exceed 15,000 in any model year. Engines produced in excess of either of these limits are not covered by yo ur certificate. For example, if you produce 80,000 complete model y ear 2017 Class 2b pickup trucks with a certain engine and 10,000 incomplete model year 2017 Class 3 vehicles with that same engine, and you do not apply the provisions of this paragraph (m) to an y other engine designs, you may produce up to 10,000 engines of that design for sale as loose en gines under this paragraph (m). If you produced 11,000 engines of that design for sale as loose engines, the last 1,000 of them that you produced in that model year 2017 would be considered uncertified.***** E.O. 12866 Review**
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673 of 971 (3) This paragraph (m) does not apply for engines c ertified to the standards of 40 CFR 1036.108(a)(1). (4) Label the engines as specified in 40 CFR 1036.135 including the following compliance statement: “THI S ENGINE WAS CERTIFIED TO THE ALTERNATE GREENHOUSE GAS EMI SSI ON STANDARDS OF 40 CFR 1036.108(a)(4).” List the test group name instead of an engine famil y name. (5) Vehicles using engines certified under this paragraph (m) are subject to the emission standards of §1037.105. (6) For certification purposes, your engines are deemed to have a CO 2 target valu e and test result equal to the CO 2 target value and test result for the complete vehicle in the applicable test group with the highest equivalent test weight, except as specified in paragraph (m)(6)(ii) of this section. Use these values to calculate your target value, fleet - average emission rate, and in - use emission standard. Where there are multiple complete vehicles with the same highest equivalent test weight, select the CO 2 target value and test result as specified in paragraphs (m)(6)(i) and (ii) of this section: (i) If one or more of the CO 2 test results exceed the applicable target value, use the CO 2 target value and test result of the vehicle that exceeds its target value by the greatest amount. (ii) If none of the CO 2 test results exceed the applicable target value, select the highest target value and set the test result equal to it. This means that you may not generate emission credits from vehicles certified under this paragraph (m). (7) State in your applications f or certification that your test group and engine family will include engines certified under this paragraph (m). This applies for yo ur greenhouse gas vehicle test group and your criteria pollutant engine famil y. L ist in each application the name of the corresponding test group/engine family . **Subpart C —**  **Certifying Vehicle families § 1037.201 General requirements for obtaining a certificate of conformity.**  (a) You must send us a separate application for a certificate of conformity for each vehicle famil y. A certificate of conformit y is valid from the indicated effective date until the end of the model ye ar for which it is issued, which may not extend beyond December 31 of that year. You must renew your certification annually for any vehicles you continue to produce. (b) The application must contain all the information required b y this part and must not include false or incomplete statements or information (see § 1037.255).***** E.O. 12866 Review**
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674 of 971 (c) We may

ask you to include less information than we sp ecify in this subpart, as long as yo u maintain all the information required b y § 1037.250. (d) You must use good engineering judgment for all decisions related to yo ur application (see 40 CFR 1068.5). (e) An authorized representative of your company must a pprove and sign the application. (f) See § 1037.255 for provisions describing how we will process y our application. (g) We may

perform confirmatory

testing on your vehicles; for example, we may test vehicles to verify

drag areas or other GEM inputs. We may require you to deliver your test vehicles to a facility

we designate for our testing. Alternativel y, you may choose to deliver another vehicle that is identical in all material respects to the test vehicle. Where certification is based on testing compon ents such as tires, we may require you to deliver test components to a facility we designate for our testing. **§ 1037.205 What must I include in my application?** This section specifies the information that must be in your application, unless we ask you to include less information under § 1037.201(c). We may require you to provide additional information to evaluate your application. Note that references to testing and emission - data vehicles refer to testing vehicles to measure aerodyn amic drag, assess hy brid vehicle performance, and/or measure evaporative emissions. (a) Describe the vehicle family ’s specifications and other basic parameters of the vehicle’s design and emission controls. L ist the fuel ty pe on which your vehicles are designed to operate (for example, ultra low - sulfur diesel fuel). (b) Explain how the emission control sy stem operates. As applicable, describe in detail all sy stem components for controlling greenhouse gas and evaporative emissions, including all auxiliary

emissio n control devices (AECDs) and all fuel - sy stem components yo u will install on any

production vehicle. Identify the part number of each component yo u describe. For this paragraph (b), treat as separate AECDs any devices that modulate or activate differentl y from each other. (c) For vehicles subject to air conditioning standards, include: (1) The refrigerant leakage rates (leak scores). (2) The refrigerant capacity of the air conditioning sy stems. (3) The corporate name of the final installer of the air conditioning s ys tem. (d) Describe an y vehicles you selected for testing and the reasons for selecting them.***** E.O. 12866 Review**
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675 of 971 (e) Describe an y test equipment and procedures that you used, including any special or alternate test procedures you used (see § 1037.501). (f) Des cribe how you operated an y emission - data vehicle before testing, including the duty cycle and the number of vehicle operating miles used to stabilize emission levels. Explain why

you selected the method of service accumulation. Describe any scheduled mai ntenance you did. (g) L ist the specifications of any test fuel to show that it falls within the required ranges we specify

in 40 CFR part 1065. (h) Identify

the vehicle family ’s useful life. (i) Include the maintenance instructions and warranty statement you will give to the ultimate purchaser of each new vehicle (see §§ 1037.120 and 1037.125). (j) Describe your emission control information label (see § 1037.135). (k) Identify

the emission standards or FELs to which you are certifying vehicles in the vehicl e famil y. For families containing multiple subfamilies, this means that you must identify multiple CO 2 FELs. For example, you may identify the highest and lowest FELs to which an y of yo ur subfamilies will be certified and also list all possible FELs in between (which will be in 1 g/ton - mile increments). (l) Where applicable, identify the vehicle family ’s deterioration factors and describe how yo u developed them. Present any emission test data you used for this (see §1037.241(c)). (m) Where applicable, s tate that you operated your emission - data vehicles as described in the application (including the test procedures, test parameters, and test fuels) to show you meet the requirements of this part. (n) Present evaporative test data to show your vehicles meet the evaporative emission standards we specify

in subpart B of this part, if applicable. Report all valid test results from emission - data vehicles and indicate whether there are test results from invalid tests or from an y other tests of the emission - data vehicle, whether or not they were conducted according to the test procedures of subpart F of this part. We may require you to report these additional test results. We may ask you to send other information to confirm that yo ur tests were valid under the r equirements of this part and 40 CFR part 86. (o) Report modeling results for ten configurations. Include modeling inputs and detailed descriptions of how they

were derived. Unless we specify otherwise, include the configuration with the highest modeling result, the lowest modeling result, and the c onfigurations with the highest projected sales. (p) Describe all adjustable operating parameters (see § 1037.115), including production tolerances. You do not need to include parameters that do not affect emissions covered by your application. Include the following in your description of each parameter:***** E.O. 12866 Review**
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676 of 971 (1) The nominal or recommended setting. (2) The intended ph ys ically adjustable range. (3) The limits or stops used to establish adjustable ranges. (4) Information showing why the limits, stops, or other m eans of inhibiting adjustment are effective in preventing adjustment of parameters on in - use vehicles to settings outside your intended phy sically adjustable ranges. (q) [Reserved] (r) Unconditionally

certify that all the vehicles in the vehicle family co mply with the requirements of this part, other referenced parts of the CFR, and the Clean Air Act. (s) Include good - faith estimates of U.S. - directed production volumes by subfamily . We may require you to describe the basis of your estimates. (t) Include the information required by other subparts of this part. For example, include the information required by § 1037.725 if you participate in the ABT program. (u) Include other applicable information, such as information specified in this part or 40 CFR part 1068 related to requests for exemptions. (v) Name an agent for service located in the United States. Service on this agent constitutes service on yo u or an y of your officers or employees for an y action by EPA or otherwise b y the United States related to the requirements of this part. **§ 1037.210 Preliminary approval before certification.** If you send us information before you finish the application, we may review it and make any appropriate determinations. Decisions made under this section are considered to be preliminary

approval, subject to final review and approval. We will generally not reverse a decision where we have given you preliminary approval, unless we find new information supporting a different decision. If you request preliminary a pproval related to the upcoming model ye ar or the model y ear after that, we will make best - efforts to make the appropriate determinations as soon as practicable. We will generall y not provide preliminary

approval related to a future model ye ar more than tw o years ahead of time. **§ 1037.220 Amending maintenance instructions.** You may amend your emission - related maintenance instructions after you submit your application for certification as long as the amended instructions remain consistent with th e provisions of § 1037.125. You must send the Designated Compliance Officer a***** E.O. 12866 Review**
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677 of 971 written request to amend your application for certification for a vehicle family if you want to change the emission - related maintenance instructions in a way that could affect e missions. In your request, describe the proposed changes to the maintenance instructions. I f operators follow the original maintenance instructions rather than the newly specified maintenance, this does not allow you to disqualify those vehicles from in - use testing or den y a warranty claim. (a) If you are decreasing or eliminating an y specified maintenance, yo u may distribute the new maintenance instructions to your customers 30 day s after we receive your request, unless we disapprove yo ur request. This would generall y include replacing one maintenance step with another. We may approve a shorter time or waive this requirement. (b) If your requested change would not decrease the specified maintenance, you may distribute the new maintenance instructions an yt ime after you send your request. For example, this paragraph (b) would cover adding instructions to increase the frequency of filter changes for vehicles in severe - dut y applications. (c) You need not request approval if you are making onl y minor correct ions (such as correcting t ypographical mistakes), clarifying your maintenance instructions, or changing instructions for maintenance unrelated to emission control. We may ask you to send us copies of maintenance instructions revised under this paragraph ( c). **§ 1037.225 Amending applications for certification.** Before we issue you a certificate of conformity, you may amend your application to include new or modified vehicle configurations, subject to the provisions of this section. After we have issued your certificate of conformity , you may send us an amended application requesting that we include new or modified vehicle configurations within the scope of the certificate, subject to the provisions of this section. You must amend your application if an y changes occur with respect to any information that is included or should be included in your application. (a) You must amend your application before you take an y of the following actions: (1) Add a vehicle configuration to a vehicle family. In this case, the vehicle configuration added must be consistent with other vehicle configurations in the vehicle famil y with respect to the criteria listed in § 1037.230. (2) Change a vehicle configuration already included in a vehicle family in a way that m ay affect emissions, or change any of the components you described in your application for certification. This includes production and design changes that may affect emissions any

time during the vehicle's lifetime. (3) Modify

an FEL for a vehicle famil y as described in paragraph (f) of this section.***** E.O. 12866 Review**
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678 of 971 (b) To amend your application for certification, send the relevant information to the Designated Compliance Officer. (1) Describe in detail the addition or change in the vehicle model or configuration you inte nd to make. (2) Include engineering evaluations or data showing that the amended vehicle famil y complies with all applicable requirements. You may do this by

showing that the original emission - data vehicle is still appropriate for showing that the amended family complies with all applicable requirements. (3) If the original emission - data vehicle or emission modeling for the vehicle family is not appropriate to show compliance for the new or modified vehicle configuration, include new test data or emission modeling showing that the new or modified vehicle configuration meets the requirements of this part. (c) We may

ask for more test data or engineering evaluations. You must give us these within 30 day s after we request them. (d) For vehicle families alrea dy covered b y a certificate of conformity , we will determine whether the existing certificate of conformit y covers your newl y added or modified vehicle. You may

ask for a hearing if we deny your request (see § 1037.820). (e) For vehicle families already c overed b y a certificate of conformity , you may start producing the new or modified vehicle configuration any time after you send us your amended application and before we make a decision under paragraph (d) of this section. However, if we determine that th e affected vehicles do not meet applicable requirements, we will notify

you to cease production of the vehicles and may require you to recall the vehicles at no expense to the owner. Choosing to produce vehicles under this paragraph (e) is deemed to be co nsent to recall all vehicles that we determine do not meet applicable emission standards or other requirements and to remedy the nonconformit y at no expense to the owner. If you do not provide information required under paragraph (c) of this section withi n 30 day s after we request it, you must stop producing the new or modified vehicles. (f) You may

ask us to approve a change to your FELin certain cases after the start of production. The changed FEL may not appl y to vehicles you have already i ntroduced into U.S. commerce, except as described in this paragraph (f). You may ask us to approve a change to your FEL in the following cases: (1) You may

ask to raise your FEL for your vehicle subfamily at any time. In your request, you must show that you will still be able to meet the emission standards as specified in subparts B and H of this part. Use the appropriate FEL s with corresponding production volumes to calculate emission credits for the model year, as described in subpart H of this part. (2) Where testing applies, you may ask to lower the FEL for your vehicle subfamily only if you have test data from production vehicles showing that emissions are below***** E.O. 12866 Review**
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679 of 971 the proposed lower FEL. Otherwise, you may ask to lower your FEL for yo ur vehicle subfamily at any

time. The lower FEL applies only to vehicles you produce after we approve the new FEL. Use the appropriate FELs with corresponding production volumes to calculate emission credits for the model y ear, as described in subpart H of this part. (3) Yo u may

ask to add an FEL for your vehicle family at any time. **§ 1037.230 Vehicle families, sub -**  **families, and configurations.** (a) For purposes of certifyingyour vehicles to greenhouse gas standards, divide your product line into families of vehicles as specified in this section. Your vehicle famil y is limited to a single model year. Group vehicles in the same vehicle famil y if they are the same in all the following aspects: (1) The regulatory

sub - category

(or equivalent in the case of vocat ional tractors), as follows: (i) Vocational vehicles at or below 19,500 pounds GVWR. (ii) Vocational vehicles (other than vocational tractors) above 19,500 pounds GVWR and at or below 33,000 pounds GVWR. (iii) Vocational vehicles (other than vocational tractors) above 33,000 pounds GVWR. (iv) L ow - roof tractors above 26,000 pounds GVWR and at or below 33,000 pounds GVWR (v) Mid - roof tractors above 26,000 pounds GVWR and at or below 33,000 pounds GVWR. (vi) High - roof tractors above 26,000 pounds GVWR and at or below 33,000 pounds GVWR. (vii) L ow - roof day

cab tractors above 33,000 pounds GVWR. (viii) L ow - roof sleeper cab tractors above 33,000 pounds GVWR. (ix) Mid - roof day cab tractors above 33,000 pounds GVWR. (x) Mid - roof sleeper cab tractors above 33,000 pounds GVWR. (xi) High - roof day

cab tractors above 33,000 pounds GVWR. (xii) High - roof sleeper cab tractors above 33,000 pounds GVWR.***** E.O. 12866 Review**
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680 of 971 (xiii) Vocational tractors. (2) Vehicle technology

as follows: (i) Group together vehicles that do not contain advanced or innovative technologies. (ii) Group together vehicles that contain the same advanced/innovative technologies. (b) If the vehicles in your family are being certified to more than one FEL, subdivide yo ur greenhouse gas vehicle families into subfamilies th at include vehicles with identical FELs. Note that you may add subfamilies at an y time during the model ye ar. (c) Group vehicles into configurations consistent with the definition of “vehicle configuration” in §1037.801. Note that vehicles with hardware or software differences that are related to measured or modeled emissions are considered to be different vehicle configurations even if they have the same GEM inputs and FEL. Note also, that you are not required to separatel y identify all configurations for certification See paragraph (g) of this section for provisions allowing you to group certain hardware differences into the same configuration. Note that you are not required to identify all possible configurations for certification; also, yo u are re quired to include in your end - of ye ar report only those configurations you produced. (d) For a vehicle model that straddles a roof - height, cab ty

pe, or GVWR division, you may include all the vehicles in the same vehicle family if you certify

the vehicle family

to the more stringent standards. For roof height, this means you must certify to the taller roof standards. For cab - ty pe and GVWR, this means you must certify to the numericall y lower standards. (e) [Reserved.] (f) You may

divide your families into more families than specified in this section. (g) You may

ask us to allow you to group into the same configuration vehicles that have very small body

hardware differences that do not significantl y affect drag areas. Note that this allowance does not ap ply for substantial differences, even if the vehicles have the same measured drag areas. **§ 1037.241 Demonstrating compliance with exhaust emission standards for greenhouse gas pollutants.**  (a) For purposes of certification, your vehicle famil y is considered in compliance with the emission standards in § 1037.105 or § 1037.106 if all vehicle configurations in that family have modeled CO 2 emission rates (as specified in subpart F of this part) at or below the applicable standards. See 40 CFR part 86, subpart S, for showing compliance***** E.O. 12866 Review**
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681 of 971 with the standards of § 1037.104. Note that your FELs are considered to be the applicable emission standards with which you must comply if you participate in the ABT program in subpart H of this part. (b) Your vehi cle family

is deemed not to comply if any vehicle configuration in that family has a modeled CO 2 emission rate that is above its FEL. (c) We may

require you to provide an engineering anal ys is showing that the performance of your emission controls will no t deteriorate during the useful life with proper maintenance. If we determine that your emission controls are likel y to deteriorate during the useful life, we may

require you to develop and apply deterioration factors consistent with good engineering judgment. For example, you may need to appl y a deterioration factor to address deterioration of battery performance for an electric h ybrid vehicle. Where the highest useful life emissions occur between the end of useful life and at the low - hour test point, b ase deterioration factors for the vehicles on the difference between (or ratio of) the point at which the highest emissions occur and the low - hour test point. **§ 1037.250 Reporting and recordkeeping.** (a) Within 90 day s after the end of the model year, send the Designated Compliance Officer a report including the total U.S. - directed production volume of vehicles you produced in each vehicle family during the model year(based on information available at the time of the report). Report by vehicle identification number and vehicle configuration and identify

the subfamily

identifier. Report uncertified vehicles sold to secondary vehicle manufacturers. Small manufacturers may omit the reporting requirements of this paragraph (a). (b) Organize and maintain the following records: (1) A cop y of all applications and an y summary information you send us. (2) An y of the information we specify in § 1037.205 that you were not required to include in your applicati on. (3) A detailed history

of each emission - data vehicle, if applicable. (4) Production figures for each vehicle family divided by

assembl y plant. (5) Keep a list of vehicle identification numbers for all the vehicles you produce under each certificate of conformity . (c) Keep routine data from emission tests required by this part (such as test cell temperatures and relative humidity readings) for on e year after we issue the associated certificate of conformity . Keep all other information specified in this section for eight ye ars after we issue your certificate.***** E.O. 12866 Review**
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682 of 971 (d) Store these records in any format and on any

media, as long as you can promptly send us organized, written records in English if we ask for them. You must keep these records readil y available. We may review them at an y time. **§ 1037.255 What decisions may EPA make regarding my certificate of conformity?** (a) If we determine your application is complete and shows that the vehicle family meets all the requirements of this part and the Act, we will issue a certificate of conformity for yo ur vehicle family

for that model year. We may make the approval subject to additional condi tions. (b) We may

den y your application for certification if we determine that yo ur vehicle family fails to comply

with emission standards or other requirements of this part or the Clean Air Act. We will base our decision on all available information. If we den y your application, we will explain why in writing. (c) In addition, we may

deny your application or suspend or revoke your certificate if you do any of the following: (1) Refuse to comply

with any testing or reporting requirements. (2) Submit false or incomplete information (paragraph (e) of this section applies if this is fraudulent). This includes doing an ything after submission of your application to render an y of the submitted information false or incomplete. (3) Render an y test data inacc urate. (4) Den y us from completing authorized activities despite our presenting a warrant or court order (see 40 CFR 1068.20). This includes a failure to provide reasonable assistance. (5) Produce vehicles for importation into the United States at a location where local law prohibits us from carrying out authorized activities. (6) Fail to supply

requested information or amend your application to include all vehicles being produced. (7) Take an y action that otherwise circumvents the intent of the Act or th is part, with respect to your engine family . (d) We may

void the certificate of conformity for a vehicle family if you fail to keep records, send reports, or give us information as required under this part or the Act. Note that these are also violations o f 40 CFR 1068.101(a)(2). (e) We may

void your certificate if we find that you intentionally submitted false or incomplete information. This includes rendering submitted information false or***** E.O. 12866 Review**
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683 of 971 incomplete after submission. (f) If we den y your application or suspend, revoke, or void your certificate, you may ask for a hearing (see § 1037.820). **Subpart D —**  **[Reserved] Subpart E**  **— In**  **- use Testing**  **§ 1037.401 General provisions.** We may perform in - use testing of any vehicle subject to the standards of this part. For example, we may

test vehicles to verify

drag areas or other GEM inputs. **Subpart F —**  **Test and Modeling Procedures § 1037.501 General testing and modeling provisions.**  This subpart specifies how to perform emission testing and emission modeling required elsewhere in this part. (a) [Reserved] (b) Where exhaust emission testing is required, use the equipment and procedures in 40 CFR part 1066 to determine whether your ve hicles meet the duty - cycle emission standards in subpart B of this part. Measure the emissions of all the exhaust constituents subject to emission standards as specified in 40 CFR part 1066. Use the applicable duty cycles specified in § 1037.510. (c) [Rese rved] (d) Use the applicable fuels specified 40 CFR part 1065 to perform valid tests. (1) For service accumulation, use the test fuel or any commerciall y available fuel that is representative of the fuel that in - use vehicles will use. (2) For diesel - fueled vehicles, use the appropriate diesel fuel specified for emission testing. Unless we specify otherwise, the appropriate diesel test fuel is ultra low sulfur diesel fuel.***** E.O. 12866 Review**
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684 of 971 (3) For gasoline - fueled vehicles, use the gasoline specified f or “General Testing”. (e) You may

use special or alternate procedures as specified in 40 CFR 1065.10. (f) This subpart is addressed to you as a manufacturer, but it applies equally to anyone who does testing for you, and to us when we perform testing to d etermine if your vehicles meet emission standards. (g) Appl y this paragraph (g) whenever we specify use of standard trailers. Unless otherwise specified, a tolerance of ±2 inches applies for all nominal trailer dimensions. (1) The standard trailer for high - roof tractors must meet the following criteria: (i) It is an unloaded two - axle dry van box trailer 53.0 feet long, 102 inches wide, and 162 inches high (measured from the ground with the trailer level). (ii) It has a king pin located with its center 36±0.5 inches from the front of the trailer and a minimized trailer gap (no greater than 45 inches). (iii) It has a smooth surface with nominally flush rivets and does not include an y aerod ynamic features such as side fairings, boat tails, or gap reducers. It may have a scuff band of no more than 0.13 inches in thickness. (iv) It includes dual 22.5 inch wheels, standard mudflaps, and standard landing gear. The centerline of the rear - most axle must be 146 inches from the rear of the trailer. (2) The stand ard trailer for mid - roof tractors is an empty two - axle tanker trailer 42±1 feet long b y 140 inches high. (i) It has a 40±1 feet long cylindrical tank with a 7000±7 gallon capacit y, smooth surface, and rounded ends. (ii) The standard tanker trailer doe s not include any aerody namic features such as side fairings, but does include a centered 20 inch manhole, side - centered ladder, and lengthwise walkway . It includes dual 24.5 inch wheels. (3) The standard trailer for low - roof tractors is an unloaded two - ax le flat bed trailer 53±1 feet long and 102 inches wide. (i) The deck height is 60.0±0.5 inches in the front and 55.0±0.5 inches in the rear. The standard trailer does not include an y aerod ynamic features such as side fairings. (ii) It includes an air s uspension and dual 22.5 inch wheels on tandem axles spread up to 122 inches apart between axle centerlines, measured along the length of the trailer.***** E.O. 12866 Review**
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685 of 971 **§ 1037.510 Duty -**  **cycle exhaust testing.** This section applies where exhaust emission testing is required, such as when appl yi ng the provisions of § 1037.615. Note that for most vehicles, testing under this section is not required. (a) Where applicable, measure emissions by testing the vehicle on a chassis dy namometer with the applicable test cycl es. Each test cycle consists of a series of speed commands over time: variable speeds for the transient test and constant speeds for the cruise tests. None of these cycles include vehicle starting or warmup; each test cycle begins with a running, warmed - u

p vehicle. Start sampling emissions at the start of each cycle. The transient cycle is specified in Appendix Ito this part. For the 55 mph and 65 mph cruise cycles, sample emissions for 300 second cycles with constant vehicle speeds of 55.0 mph and 65. 0 mph, respectively . The tolerance around these speed setpoints is ±1.0 mph. (b) Calculate the official emission result from the following equation:

55 55 65 65 55 65 1 ( ) transient transient transient w m w m w m g Emissions ton mile payload tons D D D               

     Where: payload = the standard payload, in tons, as specified in §1037.705. w = weighting factor for the appropriate test cycle, as described in paragraph (c) of this section. m = grams of CO 2 emitted over the appropriate test cycle. D = miles driven over the appropriate test cycle. (c) Appl y weighting factors specific to each ty pe of vehicle and for each duty cycle as described in the following table:

Table 1 to § 1037.510

—Weighting Factors for Duty C ycles Transient 55 mph Cruise 65 mph Cruise Vocational 42% 21% 37% Vocational Hy

brid Vehicles 75% 9% 16% Day Cabs 19% 17% 64% Sleeper Cabs 5% 9% 86% (d) For transient testing, compare actual second - by - second vehicle speed with the speed specified in the test cycle and ensure any differences are consistent with the criteria as specified in 40 CFR part 1066. If the speeds do not conform to these criteria, the test is***** E.O. 12866 Review**
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686 of 971 not valid and must be repeated. (e) Run test cycles as specified in 40 CFR part 86. For cruise cycle testing of vehicles equipped with cruise control, use the vehicle’s cruise control to control the vehicle sp eed. For vehicles equipped with adjustable VSL s, test the vehicle with the VSL at its highest setting. (f) Test the vehicle using its adjusted loaded vehicle weight, unless we determine this would be unrepresentative of in - use operation as specified in 4 0 CFR 1065.10(c)(1). (g) For h ybrid vehicles, correct for the net energy change of the energy storage device as described in 40 CFR 1066.501. **§ 1037.520 Modeling CO 2**  **emissions to show compliance.** This section describes how to use the GEM simul ation tool (incorporated by reference in § 1037.810) to show compliance with the CO 2 standards of §§ 1037.105 and 1037.106. Use good engineering judgment when demonstrating compliance using the GEM. (a) General modeling provisions. To run the GEM, enter all applicable inputs as specified b y the model. All seven of the following inputs appl y for sleeper cab tractors, while some do not apply

for other regulatory

subcategories: (1) Regulatory

subcategory

(such as “Class 8 Combination

– Sleeper Cab

– High Roof”). (2) Coefficient of aerodynamic drag, as described in paragraph (b) of this section. Leave this field blank for vocational vehicles. (3) Steer tire rolling resistance, as described in paragraph (c) of this section. (4) Drive t ire rolling resistance, as described in paragraph (c) of this section. (5) Vehicle speed limit, as described in paragraph (d) of this section. Leave this field blank for vocational vehicles. (6) Vehicle weight reduction, as described in paragraph (e) of this section. L eave this field blank for vocational vehicles. (7) Extended idle reduction credit, as described in paragraph (f) of this section. L eave this field blank for vehicles other than Class 8 sleeper cabs. (b) Coefficient of aerodynamic drag and drag area. Determine the appropriate drag area as follows: (1) Use the recommended method or an alternate method to establish a value for the vehicle’s drag area, expressed in m 2 and rounded to two decimal places. Where we allow you to group multiple con figurations together, measure the drag area of the worst - case configuration. Measure drag areas specified in §1037.521. (2) Determine the bin level for your vehicle based on the drag area from paragraph (b)(1) of this section as shown in the following tab les:***** E.O. 12866 Review**
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687 of 971 High - Roof Day Cabs Bin Level If your measured C D A (m2 ) is . . . Then your C D input is . . .
Bin I ≥ 8.0 0.79 Bin II 7.1 - 7.9 0.72 Bin III 6.2 - 7.0 0.63 Bin IV 5.6 - 6.1 0.56 Bin V ≤ 5.5 0.51 High - Roof Sleeper Cabs Bin Level If your measured C D A (m 2 ) is . . . Then your C D input is . . .
Bin I ≥ 7.6 0.75 Bin II 6.7 - 7.5 0.68 Bin III 5.8 - 6.6 0.60 Bin IV 5.2 - 5.7 0.52 Bin V ≤ 5.1 0.47

Lo w - Roof Day and Sleeper Cabs***** E.O. 12866 Review**
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688 of 971 Bin Level If your measured C D A (m2 ) is . . . Then your C D input is . . .
Bin I ≥ 5.1 0.77 Bin II ≤ 5.0 0.71 Mid - Roof Day and Sleeper Cabs Bin Level If your measured C D A (m2 ) is . . . Then your C D input is . . .
Bin I ≥ 5.6 0.87 Bin II ≤ 5.5 0.82 (3) For low - and mid - roof tractors, you may determine your drag area bin based on the drag area bin of an equivalent high - roof tractor. If the high - roof tractor is in Bin I or Bin II, then you may assume your equivalent low - and mid - roof tractors are in Bin I. If the high - roof tractor is in Bin III, Bin IV, or Bin V, then you may a ssume your equivalent low - and mid - roof tractors are in Bin II. (c) Steer and drive tire rolling resistance. You must have a tire rolling resistance level (TRRL) for each tire configuration. For purposes of this section, you may consider tires with the same SKU number to be the same configuration. (1) Measure tire rolling resistance in kg per metric ton as spec ified in ISO 28580 (incorporated b y reference in § 1 037.810), except as specified in this paragraph (c). Use good engineering judgment to ensure that yo ur test results are not biased low. You may ask us to identify

a reference test laboratory to which yo u may

correlate yo ur test results. Prior to beginning the test procedure in Section 7 of ISO 28580 for a new bias - pl y tire, perform a break - in procedure by running the tire at the specified test speed, load, and pressure for 60±2 minutes. (2) For each tir e design tested, measure rolling resistance of at least three different tires of that specific design and size. Perform the test at least once for each tire. Use the arithmetic mean of these results as your test result. You may use this value as yo ur GE M input or select a higher TRRL . You must test at least one tire size for each tire model, and may

use engineering anal ys is to determine the rolling resistance of other tire sizes of that model. Note that for tire sizes that you do not test, we will treat yo ur anal yt icall y derived rolling resistances the same as test results, and we may perform our own testing to verify your values. We may

require you to test a small sub - sample of untested tire sizes that we select. (3) If you obtain your test results from the tire manufacturer or another third party ,***** E.O. 12866 Review**
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689 of 971 yo u must obtain a signed statement from them verifying the tests were conducted according to the requirements of this part. Such statements are deemed to be submissions to EPA. (4) For tires marketed as l ight truck tires and that have load ranges C, D, or E, use as the GEM input TRRLat or above the measured rolling resistance multiplied by 0.87. (d) Vehicle speed limit . If the vehicles will be equipped with a vehicle speed limiter, input the maximum veh icle speed to which the vehicle will be limited (in miles per hour rounded to the nearest 0.1 mile per hour) as specified in §1037.640. Otherwise leave this field blank. Use good engineering judgment to ensure the limiter is tamper resistant. We may require you to obtain preliminary approval for your designs. (e) Vehicle weight reduction . For purposes of this paragraph (e), high - strength steel is steel with tensile strength at or above 350 MPa. (1) Vehicle weight reduction inputs for wheels are speci fied relative to dual - wide tires with conventional steel wheels. For purposes of this paragraph (e)(1), a light - weight aluminum wheel is one that weighs at least 21 lb less than a comparable conventional steel wheel. The inputs are listed in Table 4 to this section. For example, a tractor with aluminum steer wheels and eight (4×2) dual - wide aluminum drive wheels would have an input of 210 lb (2×21 + 8×21).

Table 4 to § 1037.520

—Wheel - Related Weight Reductions Weight Reduction Technology Weight Reduction (lb per tire or wheel) Single - Wide Drive Tire with . . . Steel Wheel 84 Aluminum Wheel 139 Light - Weight Aluminum Wheel 147 Steer Tire or Dual - wide Drive Tire with . . . High - Strength Steel Wheel 8 Aluminum Wheel 21 Light - Weight Aluminum Wheel 30 (2) Vehicle weight reduction inputs for components other than wheels are specified relative to mild steel components as specified in the following table:***** E.O. 12866 Review**
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690 of 971 Table 5 to § 1037.520

—

Nonwheel - Related Weight Reductions Weight Reduction Technologies Aluminum Weight Reduction (lb) High - Strength Steel

Weight Reduction (lb) Door 20 6 Roof 60 18 Cab rear wall 49 16 Cab floor 56 18 Hood Support Structure System 15 3 Fairing Support Structure System 35 6 Instrument Panel Support Structure 5 1 Brake Drums

– Drive (4) 140 11 Brake Drums

– Non Drive (2) 60 8 Fram e Rails 440 87 Crossmember - Cab 15 5 Crossmember

– Suspension 25 6 Crossmember

– Non Suspension (3) 15 5 Fifth Wheel 100 25 Radiator Support 20 6 Fuel Tank Support Structure 40 12 Steps 35 6 Bum per 33 10 Shackles 10 3 Front Axle 60 15 Suspension Brackets, Hangers 100 30 Transmission Case 50 12 Clutch Housing 40 10 Drive Axle Hubs (8) 160 4 Non Drive Front Hubs (2) 40 5 Driveshaft 20 5 Transmission/Clutch Shift Levers 20 4 (3) You may

ask to apply the innovative technology provisions of §1037.610 for weight reductions not covered b y this paragraph (e). (f) Extended idle reduction credit. If your tractor is equipped with idle reduction technology

meeting the requirements of §1037.660 that will automatically shut off the main engine after 300 seconds or less, use 5.0 g/ton - mile as the input (or a lesser value specified in §1037.660).Otherw ise leave this field blank. **§1037.521 Aerodynamic measurements.** This section describes how to determine the aerodynamic drag area (C D A) of your vehicle using the coastdown procedure in 40 CFR part 1066 or an alternative method correlated to it. (a) Gen eral. The primary method for measuring the aerodyn amic drag area of vehicles is specified in paragraph (b) of this section. You may determine the drag area using an alternate method, consistent with the provisions of this section and good engineering***** E.O. 12866 Review**
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691 of 971 judgment, based on wind tunnel testing, computational fluid dy namic modeling, or constant - speed road load testing. See 40 CFR 1068.5 for provisions describing how we may evaluate your engineering judgment. All drag areas measured using an alternative method (C D A alt ) must be adjusted to be equivalent to the corresponding drag areas that would have been measured using the coastdown procedure as follows: (1) Unless good engineering judgment requires otherwise, assume that coastdown drag areas are proportional to drag areas measured using alternative methods. This means you may

appl y a single constant adjustment factor (F alt - aero ) for a given alternate drag area method using the following equation: C D A = C D A alt × F alt - aero (2) Determine F alt - aero by

performing coastdown testing and appl yi ng your alternate method on the same vehicle. Unless we approve another vehicle, the vehicle must be a Class 8, high - roof, sleeper cab with a full aerody namics package, pulling a standards trailer. Where you hav e more than one model meeting these criteria, use the model with the highest projected sales. If you do not have such a model you may use your most comparable model with prior approval. If good engineering judgment allows the use of a single, constant va lue of F alt - aero , calculate it from this coastdown drag area (C D A coast ) divided by alternative drag area (C D A alt ): F alt - aero = C D A coast ÷ C D A alt (3) Calculate F alt - aero to at least three decimal places. For example, if your coastdown testing results in a drag area of 6.430, but your wind tunnel method results in a drag area of 6.200, F alt - aero would be 1.037. (b) Recommended method. Perform coastdown testing as described in 40 CFR part 1066, subpart D, subject to the following additional provisions: (1) The specifications of this paragraph (b)(1) apply when measuring drag areas for tractors. Test high - roof tractors with a standard box trailer. Test low - and mid - roof tractors without a trailer (sometimes referred to as in a “bobtail configuration”). You may test low - and mid - roof tractors with a trailer to evaluate innovative technologies. (2) The specifications of this paragraph (b)(2) apply for tractors and standard trailers. Use tires mounted on steel rims in a dual configuration (except for ste er tires). The tires must

– (i) Be SmartWay - Verified tires or have a rolling resistance below 5.1 kg/ton. (ii) Have accumulated at least 2,175 miles of prior use but have no less than 50 percent of their original tread depth (as specified for truck cabs in SAE J1263). (iii) Not be retreads or have an y apparent signs of chunking or uneven wear. (iv) Be size 295/75R22.5 or 275/80R22.5. (3) Calculate the drag area (C D A) in m 2 from the coastdown procedure specified in 40 CFR part 1066.***** E.O. 12866 Review**
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692 of 971 (c) Approval. You must o btain preliminary approval before using an y methods other than coastdown testing to determine drag coefficients. Send your request for approval to the Designated Compliance Officer. Keep records of the information specified in this paragraph (c). Unless we specify otherwise, include this information with your request. You must provide an y information we require to evaluate whether you are apply the provisions of this section consistent with good engineering judgment. (1) Include all of the following for your coastdown results: (i) The name, location, and description of your test facilities, including background/history , equipment and capability , and track and facilit y elevation, along with the grade and size/length of the track. (ii) Test conditions for each test result, including date and time, wind speed and direction, ambient temperature and humidity , vehicle speed, driving distance, manufacturer name, test vehicle/model ty pe, model y ear, applicable model engine family , tire t yp e and rolling resist ance, weight of tractor - trailer (as tested), and driver identifier(s). (iii) Average drag area result as calculated in 40 CFR 1066, subpart D) and all of the individual run results (including voided or invalid runs). (2) Identify

the name and location o f the test facilities for your wind tunnel method (if applicable). Also include the following things to describe the test facility : (i) Background/history . (ii) The layout (with diagram), t ype, and construction (structural and material) of the wind tunne l. (iii) Wind tunnel design details: corner turning vane t ype and material, air settling, mesh screen specification, air straightening method, tunnel volume, surface area, average duct area, and circuit length. (iv) Wind tunnel flow quality : temperature control and uniformity , airflow quality , minimum airflow velocity , flow uniformity , angularit y and stability , static pressure variation, turbulence intensit y, airflow acceleration and deceleration times, test duration flow quality , and overall airflow qual ity achievement. (v) Test/working section information: test section ty pe (e.g., open, closed, adaptive wall) and shape (e.g., circular, square, oval), length, contraction ratio, maximum air velocity , maximum dy namic pressure, nozzle width and height, plenum dimensions and net volume, maximum allowed model scale, maximum model height above road, strut movement rate (if applicable), model support, primary boundary

layer slot, boundary

layer elimination method, and photos and diagrams of the test section.***** E.O. 12866 Review**
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693 of 971 (vi) Fan section description: fan ty pe, diameter, power, maximum rotational speed, maximum top speed, support ty pe, mechanical drive, and sectional total weight. (vii) Data acquisition and control (where applicable): acquisition ty pe, motor control, tunnel c ontrol, model balance, model pressure measurement, wheel drag balances, wing/body panel balances, and model exhaust simulation. (viii) Moving ground plane or rolling road (if applicable): construction and material, yaw table and range, moving ground length and width, belt t ype, maximum belt speed, belt suction mechanism, platen instrumentation, temperature control, and steering. (ix) Facility

correction factors and purpose. (3) Include all of the following for your computational fluid dynamics (CFD) method (if applicable): (i) Official name/title of the software product. (ii) Date and version number for the software product. (iii) Manufacturer/company name, address, phone number and web address for software product. (iv) Identify

if the software code is Navier - Stokes or Lattice - Boltzmann based. (4) Include all of the following for an y other method (if applicable): (i) Official name/title of the procedure(s). (ii) Description of the procedure. (iii) Cited sources for any standardized procedures that the me thod is based on. (iv) Modifications/deviations from the standardized procedures for the method and rational for modifications/deviations. (v) Data comparing this requested procedure to the coastdown reference procedure. (vi) Information above from the other methods as applicable to this method (e.g., source location/address, background/history). (d) Wind tunnel methods. (1) You may measure drag areas consistent with the modified SAE procedures described in the paragraph (d) using any wind tunnel recognized b y the Subsonic Aerodynamic Testing Association. If your wind tunnel is not capable of testing in accordance with th ese modified SAE procedures, you may ask us to approve your alternate test procedures if you demonstrate that your***** E.O. 12866 Review**
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694 of 971 procedures produce equivalent data. For purposes of this paragraph (d), data are equivalent if they

are the same or better with respect to r epeatability and unbiased correlation with coastdown testing. Note that, for wind tunnels not capable of these modified SAE procedures, good engineering judgment may require you to base your alternate method adjustment factor on more than one vehicle. Yo u may not develop yo ur correction factor until we have approved your alternate method. The applicable SAE procedures are SAE J1252, SAE J1594, and SAE J2071(incorporated by reference in §1037.810). The following modifications apply for SAE J1252: (i) T he minimum Rey

nold's number (Re min ) is 1.0 x 10 6 instead of the value specified in section 5.2 of the SAE procedure. Your model frontal area at zero yaw angle may

exceed the recommended 5 percent of the active test section area, provided it does not excee d 25 percent. (ii) For full - scale wind tunnel testing, use good engineering judgment to select a test article (tractor and trailer) that is a reasonable representation of the test article used for the reference method testing. For example, where your wind tunnel is not long enough to test the tractor with a standard 53 foot trailer, it may be appropriate to use shorter box trailer. In such a case, the correlation developed using the shorter trailer would only be valid for testing with the shorter trailer. (iii) For reduced - scale wind tunnel testing, a one - eighth (1/8th) or larger scale model of a heav y - dut y tractor and trailer must be used, and the model must be of sufficient design to simulate airflow through the radiator inlet grill and across an engine geometry

representative of those commonly used in your test vehicle. (2) You must perform wind tunnel testing and the coastdown procedure on the same tractor model and provide the results for both methods. Conduct the wind tunnel tests at a zero yaw angle and, if so equipped, utilizing the moving/rolling floor (i.e., the moving/rolling floor should be on during the test, as opposed to static) for comparison to the coastdown procedure, which corrects to a zero yaw angle for the oncoming wind. (e) Computat ional fluid dy namics (CFD). You may determine drag areas using a CFD method, consistent with good engineering judgment and the requirements of this paragraph (e) using commerciall y available CFD software code. Conduct the anal ys is assuming zero yaw angle , and ambient conditions consistent with coastdown procedures. For simulating a wind tunnel test, the anal ys is should accuratel y model the particular wind tunnel and assume a wind tunnel blockage ratio consistent with SAE J1252 (incorporated b y reference in §1037.810) or one that matches the selected wind tunnel, whichever is lower. For simulation of open road conditions similar to that experienced during coastdown test procedures, the CFD anal ysis should assume a blockage ratio at or below 0.2 percent. (1) Take the following steps for CFD code with a Navier - Stokes formula solver:***** E.O. 12866 Review**
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695 of 971 (i) Perform an unstructured, time - accurate, anal ys is using a mesh grid size with total volume element count of at least 50 million cells of hexahedral and/or poly hedral mesh ce ll shape, surface elements representing the geometry consisting of no less than 6 million elements, and a near - wall cell size corresponding to a y+ value of less than 300, with the smallest cell sizes applied to local regions of the tractor and trailer in areas of high flow gradients and smaller geometry

features. (ii) Perform the anal ys is with a turbulence model and mesh deformation enabled (if applicable) with boundary layer resolution of ±95 percent. Once result convergence is achieved, demonstrate the convergence b y suppl yi ng multiple, successive convergence values for the anal ys is. The turbulence model may use k epsilon (k - ε), shear stress transport k - omega (SST k - ω), or other commercially accepted methods. (2) For Lattice - Boltzman based CFD code, perform an unstructured, time - accurate anal ys is using a mesh grid size with total surface elements of at least 50 million cells using cubic volume elements and triangular and/or quadrilateral surface elements with a near wall cell size of no greater than 6 mm on local regions of the tractor and trailer in areas of high flow gradients and smaller geometry features, with cell sizes in other areas of the mesh grid starting at twelve millimeters and increasing in size from this value as the distance from the tractor - trailer model increases . (3) All CFD anal ys is should be conducted using the following conditions: (i) A tractor - trailer combination using the manufacturer’s tractor and the standard trailer, as applicable. (ii) An environment with a blockage rati o at or below 0.2 percent to simulate open road conditions, a zero degree yaw angle between the oncoming wind and the tractor - trailer combination. (iii) Ambient conditions consistent with the coastdown test procedures specified in this part. (iv) Open gril l with representative back pressures based on data from the tractor model, (v) Turbulence model and mesh deformation enabled (if applicable). (vi) Tires and ground plane in motion consistent with and simulating a vehicle moving in the forward direction of travel. (vii) The smallest cell size should be applied to local regions on the tractor and trailer in areas of high flow gradients and smaller geometry features (e.g., the a pillar, mirror, visor, grille and accessories, trailer leading and trailing edges , rear bogey , tires, and tractor - trailer gap). (viii) Simulate a speed of 55 mph. (4) You may

ask us to allow you to perform CFD anal ys is using parameters and criteria other than those specified in this paragraph (e), consistent with good engineering judgment, if you can demonstrate that the specified conditions are not feasible (e.g., insufficient computing power to conduct such anal ys is, inordinate length of time to conduct anal ys is, equivalent flow characteristics with more feasible criteria/paramet ers) or improved criteria may yield better results (e.g., different mesh cell shape and size). To support this request, we may require that you supply

data demonstrating that your selected parameters/criteria will provide a sufficient level of***** E.O. 12866 Review**
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696 of 971 detail to yield an accurate anal ys is, including comparison of key characteristics between your criteria/parameters and the criteria specified in paragraphs (e)(1) and (2) of this section (e.g., pressure profiles, drag build - up, and/or turbulent/laminar flow at key po ints on the front of the tractor and/or over the length of the tractor - trailer combination). (f) Yaw sweep corrections. You may optionall y apply this paragraph (f) for vehicles with aerod ynamic features that are more effective at reducing wind - averaged dr ag than is predicted b y zero - yaw drag. You may correct your zero - yaw drag area as follows if the ratio of the zero - yaw drag area divided b y yaw sweep drag area for your vehicle is greater than 0.8065 (which represents the ratio expected for a t ypical aer ody namic Class 8 high roof sleeper cab tractor): (1) Determine the zero - yaw drag area and the yaw sweep drag area for your vehicle using the same alternate method as specified in this subpart. Measure drag area for 0°, - 6°, and +6°. Use the arithmetic me an of the - 6° and +6° drag areas as the ±6° drag area. (2) Calculate your yaw sweep correction factor (CF ys ) using the following equation:

= ( ± ° ) × . ( ) (3) Calculate your corrected drag area for determining the aerodynamic bin by multiplying the measured zero - yaw drag area b y C F ys . The correction factor may be applied to drag areas measured using other procedures. For example, we would apply CF ys to drag areas measured using the recommended coastdown method. If you use an alternative method, you would also need to apply an alternative correction (F alt - aero ) and calculate the final drag area using the following equation: C D A = F alt - aero · CF ys · (C D A) zero - alt (4) You may

ask us to apply

CF ys to similar vehicles incorporating the same design features. (5) As an alternative, yo u may choose to calculate the wind - averaged drag area according to SAE J1252 (incorporated b y reference in §1037.810) and substitute this value into the equation in paragraph (f)(2) of this section for the ±6° yaw - averaged drag area. **§1037.525 Special procedures for testing hybrid vehicles with power take -**  **off.** This section describes the procedure for quantifying the reduct ion in greenhouse gas emissions as a result of running power take - off (PTO) devices with a h ybrid powertrain. The procedures are written to test the PTO so that all the energy is produced with the engine. The full test for the hy brid vehicle is from a fu lly charged renewable energy storage s ys tem (RESS) to a depleted RESS and then back to a fully charged RESS. These procedures may

be used for whole vehicles or with a post - transmission hy brid sy stem. When testing just the post - transmission hy brid sy stem, you must include all***** E.O. 12866 Review**
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697 of 971 hardware for the PTO s ystem. You may ask us to modify the provisions of this section to allow testing h ybrid vehicles other than electric - battery hy brids, consistent with good engineering judgment. (a) Select two vehicles for testing as follows: (1) Select a vehicle with a hy brid powertrain to represent the vehicle family . If your vehicle famil y includes more than one vehicle model, use good engineering judgment to select the vehicle t yp e with the maximum number of PTO circuits that has the smallest potential reduction in greenhouse gas emissions. (2) Select an equivalent conventional vehicle as specified in §1037.615. (b) Measure PTO emissions from the fully warmed - up conventional vehicle as follows: (1) Without adding an y additional restrictions, instrument the vehicle with pressure transducers at the outlet of the hydraulic pump for each circuit. (2) Operate the PTO s ys tem with no load for at least 15 seconds. Measure the pressure and record the average value over the last 10 secon ds ( p min ). Apply maximum operator demand to the PTO sy stem until the pressure relief valve opens and pressure stabilizes; measure the pressur e and record the average value over the last 10 seconds (

p max ). (3) Denormalize the PTO duty cycle in Appendix I I of this part using the following equation: 

##   refi i m

ax min m

in 

### p N P p p p     Where: p refi = the reference pressure at each point i in the PTO cycle. NPi = the normalized pressure at each point i in the PTO cycle. p max= the maximum pressure measured in paragraph (b)(2) of this section. p min = the minimum pressure measured in paragraph (b)(2) of this section. (4) If the PTO s ys tem has two circuits, repeat paragraph (b)(2) and (3) of this section for the second PTO circuit. (5) Install a s ys tem to control pressures in the PTO sy stem during the cycle. (6) Start the engine.***** E.O. 12866 Review**
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698 of 971 (7) Operate the vehicle over one or both of the denormalized PTO duty cycles, as applicable. Collect CO 2 emissions during operation over each dut y c ycl e. (8) Use the provisions of 40 CFR part 1066 to collect and measure emissions. Calculate emission rates in grams per test without rounding. (9) For each test, validate the pressure in each circuit with the pressure specified from the cycle according to 40 CFR 1065.514. Measured pressures must meet the specifications in the following table for a valid test: Table 1 of §1037.525

– Statistical criteria for validating dut y c ycl es Parameter Pressure Slope, a 1 0.950 < a 1 < 1.030 Absolute value of intercept, | a 0 | < 2.0 % of maximum mapped pressure Standard error of estimate, SEE < 10 % of maximum mapped pressure Coef ficient of determination, r 2 > 0.970 (10) Continue testing over the three vehicle drive cycles, as otherwise required by this part. (11) Calculate combined cycle - weighted emissions of the four cycles as specified in paragraph (d) of this section. (c) Measure PTO emissions from the fully warmed - up hy

brid vehicle as follows: (1) Perform the steps in paragraphs (b)(1) through (5) of this section. (2) P repare the vehicle for testing b y operating it as needed to stabilize the battery at a full state of charge. For electric h yb rid vehicles, we recommend running back - to back PTO tests until engine operation is initiated to charge the battery . The battery should be fully

charged once engine operation stops. The ignition should remain in the “on” position. (3) Turn the vehicle and PTO sy stem off while the sampling s ys tem is being prepared. (4) Turn the vehicle and PTO sy stem on such that the PTO sy stem is functional, whether it draws power from the engine or a battery . (5) Operate the vehicle over the PTO cycle(s) without turning the vehicle off, until the engine starts and then shuts down. The test cycle is completed once the engine shuts down. Measure emissions as described in paragraphs (b)(2) and (3) of this section. Use good engineering judgment to minimize the variability in testing between the two t yp es of vehicles.***** E.O. 12866 Review**
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699 of 971 (6) Refer to paragraph (b)(9) of this section for cycle validation. (7) Continue testing over the three vehicle drive cycles, as otherwise required by this part. (8) Calculate combined cycle - weighted emissions of the four cycles as specified in paragraph (d) of this section. (d) Calculate combined cycle - weighted emissions of the four cycles for vocational vehicles as follows: (1) Calculate the g/ton - mile emission rate for the driving portion of the test specified in §1037.510. (2) Calculate the g/hr emission rate for the PTO portion of the test by dividing the total mass emitted o ver the cycle (grams) b y the time of the test (hours). For testing where fractions of a cycle were run (for example, where three cycles are completed and the halfway

point of a fourth PTO cycle is reached before the engine starts and shuts down again), us e the following procedures to calculate the time of the test: (i) Add up the time run for all complete tests. (ii) For fractions of a test, use the following equation to calculate the time:



#     circuit_1,i circuit_2,i 1 cycle circuit_1,i circuit_2,i 1 N i test N i 

### NP NP t t t NP NP t 

 

###   

 

   

#   Where: t test = time of the incomplet e test. i = the number of each measurement interval. N = the total number of measurement intervals. NPcircuit_1 = Normalized pressure command from circuit 1 of the PTO cycle. NPcircuit_2 = Normalized pressure command from circuit 2 of the PTO cycle. L et NPcircuit_2 =1 if there is only one circuit. tcycle = time of a complete cycle. (iii) Sum the time from complete cycles (paragraph (d)(2)(i) of this section) and from partial cycles (paragraph (d)(2)(ii) of this section).***** E.O. 12866 Review**
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700 of 971 (3) Convert the g/hr PTO result to an equivalent g/mi value based on the assumed fraction of engine operating time during which the PTO is operating (28 percent) and an assumed average vehicle speed while driving (27.1 mph). The conversion factor is: Factor = (0.280)/(1.000 - 0.280)/(27.1 mph) = 0.0144 hr/mi. Multiply the g/hr emission rate by

0.0144 hr/mi. (4) Divide the g/mi PTO emission rate by the standard payload and add this value to the g/ton - mile emission rate for the driving portion of the test. (e) Follow the provisions of §1037. 615 to calculate improvement factors and benefits for advanced technologies. **§1037.550 Special procedures for testing post -**  **transmission hybrid systems.** This section describes the procedure for simulating a chassis test with a post - transmission hy brid sy stem for A to B testing. The hardware that must be included in these tests is the engine, the transmission, the hy brid electric motor, the power electronics between the hy brid electric motor and the RESS, and the RESS. You may ask us to modify

the prov isions of this section to allow testing non - electric hy brid vehicles, consistent with good engineering judgment. (a) Set up the engine according to 40 CFR 1065.110 to account for work inputs and outputs and accessory

work. (b) Collect CO 2 emissions while operating the s ys tem over the test cycles specified in §1037.510. (c) Collect and measure emissions as described in 40 CFR part 1066. Calculate emission rates in grams per ton - mile without rounding. Determine values for A, B, C, and M f or the vehicle being simulated as specified in 40 CFR part 1066. If you will apply an improvement factor or test results to multiple vehicle configurations, use values of A , B , C, M , k d , and r that represent the vehicle configuration with the smallest pot ential reduction in greenhouse gas emissions as a result of the hy brid capability . (d) Calculate the transmission output shaft’s angular speed target for the driver model, f nref,driver , from the linear speed associated with the vehicle cycle using the fo llowing equation: , d nrefi,driver 

### 2

i c ycle 

### S k f r

  

  Where: S cyclei = vehicle speed of the test cycle for each point i .***** E.O. 12866 Review**
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701 of 971 k d = final drive ratio (the angular speed of the transmission output shaft divided by the angular speed of the drive axle), as declared b y the manufacturer. r = radius of the loaded tires, as declared b y the manufacturer. (e) Use either speed control or torque control to program the dynamometer to follow the test cycle, as follows: (1) Speed control . Program dy namometers using speed control as described in this paragraph (e)(1). We recommend speed control for automated manual transmissions or other designs where there is a power interrupt during shifts. Calculate the transmission output shaft’s angular speed target for the dy namometer, f

nref,dy no , from the measured linear speed at the dy namometer rolls using the following equation: i,ref d nrefi,dy no 

### 2 S k f r

  

  Where: 

#   

#   2 i i -1 i,ref meas,i i i i,ref-1 

### t t S F R A B S C S S M         t = elapsed time in the driving schedule as measured by the d yn amometer, in seconds. Let ti - 1 = 0. d i meas,i 

### k T FR r

  n,i i d 

### 2 r f S k      Where: T i = instantaneous measured torque at the transmission output shaft. f n,i = instantaneous measured angular speed of the transmission output shaft. (2) Torque control . Program dy namometers using torque control as described in this paragraph (e)(2). (i) Calculate the transmission output shaft’s torque target, T refi , using the following equation:***** E.O. 12866 Review**
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702 of 971 i ref,i d 

### r F R T k   Where: FR i = total road load force at the surface of the roll, calculated using the equation in 40 CFR 1066.210(d)(4), as specified in paragraph (e)(2)(ii) of this section. (ii) Calculate the total road load force based on instantaneous speed values, S i , calculated from the equation in paragraph (e)(1) of this section. (3) For each test, validate the measured transmission output shaft’s speed or torque with the corresponding reference values according to 40 CFR 1065.514(e). You may delete points when the vehicle is b raking or stopped. Perform the validation based on speed and torque values at the transmission output shaft. For steady - state tests (55 mph and 65 mph cruise), apply cycle - validation criteria by treating the sampling periods from the two tests as a conti nuous sampling period. Perform this validation based on the following parameters for either speed - control or torque - control, as applicable: Table 1 of §1037.550

– Statistical criteria for validating dut y c ycl es Parameter Speed Control Torque Control Slope, a 1 0.950 < a 1 < 1.030 0.950 < a 1 < 1.030 Absolute value of intercept,

| a 0 | < 2.0 % of maximum test speed < 2.0 % of maximum torque Standard error of estimate,

SEE < 5 % of maximum test speed < 10 % of maximum torque Coefficient of determination, r 2 > 0.970 > 0.850 (f) Send a brake signal when throttle position is equal to zero and vehicle speed is greater than the reference vehicle speed from the test cycle. The brake signal should be turned off when the torque measured at the transmission output shaft is less than the reference torque. Set a delay

before changing the brake state using good engineering judgment to prevent the brake signal from dithering.***** E.O. 12866 Review**
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703 of 971 (g) The driver model should be designed to follow the cycl e as closel y as possible and must meet the requirements of 40 CFR 1066.430 (e) for transient testing and §1037.510 for stead y - state testing . (h) Correct for the net energy change of the energy

storage device as described in 40 CFR 1066.501. (i) Follow the provisions of §1037.510 to weight the cycle results and §1037.615 to calculate improvement factors and benefits for advanced technologies. **Subpart G**

**— Special Compliance Provisions**  **§ 1037.601 What compliance provisions apply to these vehicles?** (a) Engine and vehicle manufacturers, as well as owners and operators of vehicles subject to the requirements of this part, and all other persons, must observe the provisions of this part, the provisions of the Clean Air Act, and the following provisions of 40 CFR part 1068: (1) The exemption and importation provisions of 40 CFR part 1068, subparts C and D, apply for vehicles subject to this part 1037, except that the hardship exemption provisions of 40 CFR 1068.245, 1068.250, and 1068.255 do no t apply for motor vehicles. (2) Manufacturers may

comply with the defect reporting requirements of 40 CFR 1068.501 instead of the defect reporting requirements of 40 CFR part 85. (b) Vehicles exempted from the applicable standards of 40 CFR part 86 are exe mpt from the standards of this part without request. Similarly , vehicles are exempt without request if the installed engine is exempted from the applicable standards in 40 CFR part 86. (c) The prohibitions of 40 CFR 86.1854 apply for vehicles subject to the requirements of this part. The actions prohibited under this provision include the introduction into U.S. commerce of a complete or incomplete vehicle subject to the standards of this part where the vehicle is not covered by a valid certificate of conf ormity or exemption. (d) Except as specificall y allowed b y this part, it is a violation of section 203(a)(1) of the Clean Air Act (42 U.S.C. 7522(a)(1)) to introduce into U.S. commerce a tractor containing an engine not certified for use in tractors; or to introduce into U.S. commerce a vocational vehicle containing a light heav y - dut y or medium heav y - dut y engine not certified for use in vocational vehicles. This prohibition applies especially to the vehicle manufacturer.***** E.O. 12866 Review**
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704 of 971 (e) A vehicle manufacturer that completes assembly of a vehicle at two or more facilities may ask to use as the date of manufacture for that vehicle the date on which manufacturing is completed at the place of main assembly , consistent with provisions of 4 9 CFR 567.4. Note that such staged assembl y is subject to the provisions of 40 CFR 1068.260(c). Include yo ur request in your application for certification, along with a summary of your staged - assembly process. You may

ask to apply

this allowance to some or all of the vehicles in your vehicle family . Our approval is effective when we grant yo ur certificate. We will not approve your request if we determine that you intend to use this allowance to circumvent the intent of this part. **§ 1037.610 Vehic les with innovative technologies**  . (a) You may

ask us to apply

the provisions of this section for CO 2 emission reductions resulting from vehicle technologies that were not in common use with heavy - dut y vehicles before model ye ar 2010 that are not reflected in the GEM simulation tool. These provisions may

be applied for CO 2 emission reductions reflected using the specified test procedures, provided they are not reflected in the GEM. We will apply these provisions only for technologies that will result in me asurable, demonstrable, and verifiable real world CO 2 emission reductions. (b) The provisions of this section may be applied as either an improvement factor or as a separate credit, consistent with good engineering judgment. We recommend that you base your credit/adjustment on A to B testing of pairs of vehicles differing only with respect to the technology in question. (1) Calculate improvement factors as the ratio of in - use emissions with the technology

divided by

the in - use emissions without the technology . Use the improvement - factor approach where good engineering judgment indicates that the actual benefit will be proportional to emissions measured over the test procedures specified in this part. (2) Calculate separate credits (g/ton - mile) based o n the difference between the in - use emission rate with the technology and the in - use emission rate without the technology . Multiply

this difference by

the number of vehicles, standard payload, and useful life. Use the separate - credit approach where good engineering judgment indicates that the actual benefit will be not be proportional to emissions measured over the test procedures specified in this part. (3) We may

require you to discount or otherwise adjust your improvement factor or credit to account for uncertainty or other relevant factors. (c) You may

perform A to B testing by measuring emissions from the vehicles during chassis testing or from in - use on - road testing. We recommend that you perform on - road testing according to SAE J1321 Joint TMC/SA E Fuel Consumption Test Procedure Type II Reaffirmed 1986 - 10 or SAE J1526 Joint TMC/SAE Fuel Consumption In - Service Test Procedure T yp e III Issued 1987 - 06 (see §1037.810 for information availability of SAE***** E.O. 12866 Review**
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705 of 971 standards), subject to the following provisions: ( 1) The minimum route distance is 100 miles. (2) The route selected must be representative in terms of grade. We will take into account published and relevant research in determining whether the grade is representative. (3) The vehicle speed over the route must be representative of the drive - cy cle weighting adopted for each regulatory subcategory . For example, if the route selected for an evaluation of a combination tractor with a sleeper cab contains only interstate driving, the improvement factor wou ld apply onl y to 86 percent of the weighted result. (4) The ambient air temperature must be between 5 and 35°C, unless the technology requires other temperatures for demonstration. (5) We may

allow you to use a Portable Emissions Measurement S ys tem (PE MS) device for measuring CO 2 emissions during the on - road testing. (d) Send your request to the Designated Compliance Officer. Include a detailed description of the technology and a recommended test plan. Also state whether you recommend appl yi ng these p rovisions using the improvement - factor method or the separate - credit method. We recommend that you do not begin collecting test data (for submission to EPA) before contacting us. For technologies for which the engine manufacturer could also claim credits (such as transmissions in certain circumstances), we may require you to include a letter from the engine manufacturer stating that it will not seek credits for the same technology . (e) We may

seek public comment on your request, consistent with the provis ions of 40 CFR 86.1866. However, we will generally not seek public comment on credits or adjustments based on A to B chassis testing performed according to the duty- cycle testing requirements of this part or in - use testing performed according to paragraph (c) of this section. **§ 1037.615 Hybrid vehicles and other advanced technologies** . (a) This section applies for hy brid vehicles with regenerative braking, vehicles equipped with Rankine - cycle engines, electric vehicles, and fuel cell vehicles. You may no t generate credits for engine features for which the engines generate credits under 40 CFR part 1036. (b) Generate advanced technology emission credits for hy

brid vehicles that include regenerative braking (or the equivalent) and energy storage sy stems, f

uel cell vehicles, and vehicles equipped with Rankine - cycle engines as follows:***** E.O. 12866 Review**
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706 of 971 (1) Measure the effectiveness of the advanced s ys tem by chassis testing a vehicle equipped with the advanced s ys tem and an equivalent conventional vehicle. Test the vehicles as specified in subpart F of this part. For purposes of this paragraph (b), a conventional vehicle is considered to be equivalent if it has the same footprint (as defined in 40 CFR 86.1803), vehicle service class, aerodynamic drag, and other relevant fact ors not directly related to the hy

brid powertrain. If you use § 1037.525 to quantify the benefits of a hy

brid s ys tem for PTO operation, the conventional vehicle must have same number of PTO circuits and have equivalent PTO power. If you do not produce an equivalent vehicle, you may create and test a protot ype equivalent vehicle. The conventional vehicle is considered Vehicle A and the advanced vehicle is considered Vehicle B. We may specify an alternate cycle if your vehicle includes a power take - off. (2) Calculate an improvement factor and g/ton - mile benefit using the following equations and parameters: (i) Improvement Factor = [(Emission Rate A)

– (Emission Rate B)]/(Emission Rate A) (ii) g/ton - mile benefit = Improvement Factor × (GEM Result B) (iii) Emission Rates A and B are the g/ton - mile CO 2 emission rates of the conventional and advanced vehicles, respectivel y, as measured under the test procedures specified in this section. GEM Result B is the g/ton - mile CO 2 emission rate resulting from emission modeling of the advanced vehicle as specified in § 1037.520. (3) Use the equations of § 1037.705 to convert the g/ton - mile benefit to emission credits (in Mg). Use the g/ton - mile benefit in place of the (Std - FEL) term. (c) See § 1037.525 for special tes ting provisions related to hy brid vehicles equipped with power take - off units. (d) You may

use an engineering analy sis to calculate an improvement factor for fuel cell vehicles based on measured emissions from the fuel cell vehicle. (e) For electric vehicles, calculate CO 2 credits using an FEL of 0 g/ton - mile. (f) As specified in subpart H of this part, credits generated under this section may be used under this part 1037 outside of the averaging set in which they were generated or used under 40 CFR p art 1036. (g) You may

certify using both provisions of this section and the innovative technology provisions of §1037.610, provided you do not double count emission benefits. **§ 1037.620 Shipment of incomplete vehicles to secondary vehicle manufacturers.** ***** E.O. 12866 Review**
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707 of 971 This section specifies how manufacturers may introduce partially

complete vehicles into U.S. commerce. (a) The provisions of this section allow manufacturers to ship partiall y complete vehicles to secondary

vehicle manufacturers or otherwise introduce them into U.S. commerce in the following circumstances: (1) Tractors . Manufacturers may introduce partially

complete tractors into U.S. commerce if they

are covered b y a certificate of conformity for tractors and will be in their certified trac tor configuration before they reach the ultimate purchasers. For example, this would apply for sleepers initially shipped without the sleeper compartments attached. Note that delegated assembly provisions may

apply (see 40 CFR 1068.261). (2) Vocational v ehicles. Manufacturers may introduce partiall y complete vocational vehicles into U.S. commerce if they are covered by

a certificate of conformity for vocational vehicles and will be in their certified vocational configuration before they reach the ultimate purchasers. Note that delegated assembly provisions may

appl y (see 40 CFR 1068.261). (3) Uncertified vehicles that will be certified b y s econdary vehicle manufacturers. Manufacturers may

introduce into U.S. commerce partially complete vehicles for which they

do not hold a certificate of conformity only as allowed by

paragraph (b) of this section. (b) The provisions of this paragraph (b) generally apply where the secondary

vehicle manufacturer has substantial control over the design and assembl y of emissi on controls. In determining whether a manufacturer has substantial control over the design and assembly of emission controls, we would consider the degree to which the secondary manufacturer would be able to ensure that the engine and vehicle will conform to the regulations in their final configurations. (1) A secondary

manufacturer may

finish assembly

of partiall y complete vehicles in the following cases: (i) It obtains a vehicle that is not fully assembled with the intent to manufacture a complete vehic le in a certified configuration. (ii) It obtains a vehicle with the intent to modify it to a certified configuration before it reaches the ultimate purchaser. For example, this may appl y for converting a gasoline - fueled vehicle to operate on natural gas under the terms of a valid certificate. (2) Manufacturers may

introduce partially

complete vehicles into U.S. commerce as described in this paragraph (b) if they have a written request for such vehicles from a secondary vehicle manufacturer that will finish the vehicle assembly and has certified the vehicle. (or the vehicle has been exempted or excluded from the requirements of this part). The written request must include a statement that the secondary***** E.O. 12866 Review**
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708 of 971 manufacturer has a certificate of conformity (or exempt ion/exclusion) for the vehicle and identify

a valid vehicle family

name associated with each vehicle model ordered (or the basis for an exemption/exclusion). The original vehicle manufacturer must apply a removable label meeting the requirements of 40 CFR 1068.45 that identifies the corporate name of the original manufacturer and states that the vehicle is exempt under the provisions of § 1037.620. The name of the certifying manufacturer must also be on the label or, alternativel y, on the bill of lading that accompanies the vehicles during shipment. The original manufacturer may not appl y a permanent emission control information label identifying the vehicle's eventual status as a certified vehicle. (3) If you are the secondary manufacturer and yo u will hold the certificate, you must include the following information in your application for certification: (i) Identify

the original manufacturer of the partially complete vehicle or of the complete vehicle you will modify . (ii) Describe briefl y how and where fin al assembly will be completed. Specify how you have the ability

to ensure that the vehicles will conform to the regulations in their final configuration. (Note: This section prohibits using the provisions of this paragraph (b) unless you have substantial c ontrol over the design and assembl y of emission controls.) (iii) State unconditionally that you will not distribute the vehicles without conforming to all applicable regulations. (4) If you are a secondary manufacturer and you are already a certificate hol der for other families, you may receive shipment of partially complete vehicles after you apply for a certificate of conformity but before the certificate's effective date. This exemption allows the original manufacturer to ship vehicles after you have app lied for a certificate of conformity . Manufacturers may introduce partiall y complete vehicles into U.S. commerce as described in this paragraph (b)(4) if they have a written request for such vehicles from a secondary manufacturer stating that the applicati on for certification has been submitted (instead of the information we specify in paragraph (b)(2) of this section). We may set additional conditions under this paragraph (b)(4) to prevent circumvention of regulatory requirements. (5) Both original and se condary manufacturers must keep the records described in this section for at least five years, including the written request for exempted vehicles and the bill of lading for each shipment (if applicable). The written request is deemed to be a submission to EPA. (6) These provisions are intended only to allow secondary

manufacturers to obtain or transport vehicles in the specific circumstances identified in this section so any exemption under this section expires when the vehicle reaches the point of final a ssembly identified in paragraph (b)(3)(ii) of this section.***** E.O. 12866 Review**
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709 of 971 (7) For purposes of this section, an allowance to introduce partially complete vehicles into U.S. commerce includes a conditional allowance to sell, introduce, or deliver such vehicles into commer ce in the United States or import them into the United States. It does not include a general allowance to offer such vehicles for sale because this exemption is intended to apply onl y for cases in which the certificate holder alread y has an arrangement to purchase the vehicles from the original manufacturer. This exemption does not allow the original manufacturer to subsequentl y offer the vehicles for sale to a different manufacturer who will hold the certificate unless that second manufacturer has also complied with the requirements of this part. The exemption does not apply for an y individual vehicles that are not labeled as specified in this section or which are shipped to someone who is not a certificate holder. (8) We may

suspend, revoke, or void an exe mption under this section, as follows: (i) We may

suspend or revoke your exemption if you fail to meet the requirements of this section. We may

suspend or revoke an exemption related to a specific secondary manufacturer if that manufacturer sells vehicles that are in not in a certified configuration in violation of the regulations. We may disallow this exemption for future shipments to the affected secondary manufacturer or set additional conditions to ensure that vehicles will be assembled in the certified configuration. (ii) We may

void an exemption for all the affected vehicles if you intentionally submit false or incomplete information or fail to keep and provide to EPA the records required b y this section. (iii) The exemption is void for a vehicle that is shipped to a compan y that is not a certificate holder or for a vehicle that is shipped to a secondary manufacturer that is not in compliance with the requirements of this section. (iv) The secondary

manufacturer may

be liable for penalties for causing a prohibited act where the exemption is voided due to actions on the part of the secondary manufacturer. (d) Provide instructions along with partiall y complete vehicles including all information necessary to ensure that an engine will be installed in its ce rtified configuration. **§1037.630 Special purpose tractors.** (a) General provisions. This section allows a vehicle manufacturer to reclassify certain tractors as vocational tractors. Vocational tractors are treated as vocational vehicles and are exempt from the standards of §1037.106. Note that references to “tractors” outside of this section mean non - vocational tractors. (1) This allowance is intended onl y for vehicles that do not ty picall y operate at highway speeds, or would otherwise not benefit from efficiency improvements***** E.O. 12866 Review**
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710 of 971 designed for line - haul tractors. This allowance is limited to the following vehicle and application ty

pes: (i) L ow - roof tractors intended for intra - cit y pickup and delivery, such as those that deliver bottled beverages to retail stores. (ii) Tractors intended for off - road operation (including mixed service operation), such as those with reinforced frames and increased ground clearance. (iii) Tractors with a GCWR over 120,000 pounds. (2) Where we determine that a manufacturer is not applying this allowance in good faith, we may

require the manufacturer to obta in preliminary approval before using this allowance. (b) Requirements. The following requirements apply with respect to tractors reclassified under this section: (1) The vehicle must fully conform to all requirements applicable to vocational vehicles under this part. (2) Vehicles reclassified under this section must be certified as a separate vehicle family . However, they

remain part of the vocational regulatory sub - category and averaging set that applies for their weight class. (3) You must include the following additional statement on the vehicle’s emission control information label under §1037.135: “THI S VEHICLE WAS CERTIFIED AS A VOCATIONAL TRACTOR UNDER 40 CF R 1037.630.”. (4) You must keep records for three ye ars to document your basis for believing the vehicles will be used as described in paragraph (a)(1) of this section. Include in your application for certification a brief description of your basis. (c) P roduction limit. No manufacturer may produce more than 21,000 vehicles under this section in any

consecutive three model year period. This means you may not exceed 6,000 in a given model year if the combined total for the previous two ye ars was 15,000. The production limit applies with respect to all Class 7 and Class 8 tractors certified or exempted as vocational tractors. Note that in most cases, the provisions of paragraph (a) of this section will limit the allowable number of vehicles to be a number lower than the production limit of this paragraph (c). (d) Off - road exemption. All the provisions of this section apply for vocational tractors exempted under §1037.631, except as follows: (1) The vehicles are required to comply with the requirements of §1037.631 instead of the requirements that would otherwise appl y to vocational vehicles. Vehicles complying with the requirements of §1037.631 and using an engine certified to the standards of 40 CFR part 1036 are deemed to fully conform to all requireme nts***** E.O. 12866 Review**
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711 of 971 applicable to vocational vehicles under this part. (2) The vehicles must be labeled as specified under §1037.631 instead of as specified in paragraph (b)(3) of this section. **§ 1037.631 Exemption for vocational vehicles intended for off -**  **road use.** Thi s section provides an exemption from the greenhouse gas standards of this part for certain vocational vehicles intended to be used extensively in off - road environments such as forests, oil fields, and construction sites. This section does not exempt the e ngine used in the vehicle from the standards of 40 CFR part 86 or part 1036. Note that you may not include these exempted vehicles in an y credit calculations under this part. (a) Qualifying criteria. Vocational vehicles intended for off - road use meeting e ither the criteria of paragraph (a)(1) or (2) of this section are exempt without request, subject to the provisions of this section. (1) Vehicles are exempt if the tires installed on the vehicle have a maximum speed rating at or below 55 mph. (2) Vehicles are exempt if they were primaril y designed to perform work off - road (such as in oil fields, forests, or construction sites), and they meet at least one of the criteria of paragraph (a)(2)(i) of this section and at least one of the criteria of paragraph (a)(2)(ii) of this section. (i) The vehicle must have affixed components designed to work in an off - road environment (i.e., hazardous material equipment or off - road drill equipment) or be designed to operate at low speeds such that it is unsuita ble for normal highway operation . (ii) The vehicle must meet one of the following criteria: (A) Have an axle that has a gross axle weight rating (GAWR) of 29,000 pounds. (B) Have a speed attainable in 2 miles of not more than 33 mph. (C) Have a speed atta inable in 2 miles of not more than 45 mph, an unloaded vehicle weight that is not less than 95 percent of its gross vehicle weight rating (GVWR), and no capacit y to carry occupants other than the driver and operating crew. (b) Tractors. The provisions of this section may apply for tractors onl y if each tractor qualifies as a vocational tractor under §1037.630. (c) Recordkeeping and reporting. (1) You must keep records to document that your***** E.O. 12866 Review**
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712 of 971 exempted vehicle configurations meet all applic able requirements of this section. Keep these records for at least eight ye ars after yo u stop producing the exempted vehicle model. We may

review these records at any time. (2) You must also keep records of the individual exempted vehicles you produce, including the vehicle identification number and a description of the vehicle configuration. (3) Within 90 day s after the end of each model y ear, you must send to the Designated Compliance Officer a report with the following information: (i) A description of each exempted vehicle configuration, including an explanation of why

it qualifies for this exemption. (ii) The number of vehicles exempted for each vehicle configuration. (d) Labeling. You must include the following additional statement on the vehic le’s emission control information label under §1037.135: “THI S VEHICLE WAS EXEMPTED UNDER 40 CFR 1037.631.”. **§1037.640 Variable vehicle speed limiters.** This section specifies provisions that apply for vehicle speed limiters (VSL s) that you model under §1 037.520. This does not apply for VSL s that you do not model under §1037.520. (a) General. The regulations of this part do not constrain how you may design VSLs for yo ur vehicles. For example, you may design your VSLto have a single fixed speed limit or a soft - top speed limit. You may also design your VSLto expire after accumulation of a predetermined number of miles. However, designs with soft tops or expiration features are subject to proration provisions under this section that do not apply to fixe d VSL s that do not expire. (b) Definitions. The following definitions apply for purposes of this section: (1) Default speed limit means the speed limit that normally applies for the vehicle, except as follows: (i) The default speed limit for adjustable VSL s must represent the speed limit that applies when the VSL is adjusted to its highest setting under paragraph (c) of this section. (ii) For VSLs with soft tops, the default speed does not include speeds possible only during soft - top operation. (iii) For expiring VSLs, the default does not include speeds that are possible only after expiration.***** E.O. 12866 Review**
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713 of 971 (2) Soft - top speed limit means the highest speed limit that applies during soft - top operation. (3) Maximum soft - top duration means the maximum amount of time that a vehicle could operate above the default speed limit. (4) Certified VSL means a VSLconfiguration that applies when a vehicle is new and until it expires. (5) Expiration point means the mileage at which a vehicle’s certified VSL expires (or the point at which tamper protections expire). (6) Effective speed limit has the meaning given in paragraph (d) of this section. (c) Adjustments. You may design your VSL to be adjustable; however, this may affect the value you use in the GEM. (1) Except as specified in paragraph (c)(2) of this section, an y adjustments that can be made to the engine, vehicle, or their controls that change the VSL’s actual speed limit are considered to be adjustable operating parameters. Compliance is based on the vehicle being adjust ed to the highest speed limit within this range. (2) The following adjustments are not adjustable parameters: (i) Adjustments made only to account for changing tire size or final drive ratio. (ii) Adjustments protected by encry pted controls or passwords. ( iii) Adjustments possible only after the VSL’s expiration point. (d) Effective speed limit. (1) For VSL s without soft tops or expiration points that expire before 1,259,000 miles, the effective speed limit is the highest speed limit that results by adjust ing the VSLor other vehicle parameters consistent with the provisions of paragraph (c) of this section. (2) For VSL s with soft tops and/or expiration points, the effective speed limit is calculated as specified in this paragraph (d)(2), which is based on 10 hours of operation per day

(394 miles per day

for day cabs and 551 miles per day for sleeper cabs). Note that this calculation assumes that a fraction of this operation is speed limited (3.9 hours and 252 miles for day cabs, and 7.3 hours and 474 mile s for sleeper cabs). Use the following equation to calculate the effective speed limit, rounded to the nearest 0.1 mph: Effective speed = ExF * [STF* STSL+ (1 - STF) * DSL ] + (1 - ExF)*65 mph Where:***** E.O. 12866 Review**
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714 of 971 ExF = expiration point miles/1,259,000 miles STF = maximum number of allowable soft top operation hours per day / 3.9 hours for day cabs (or maximum miles per day / 252) STF = maximum number of allowable soft top operation hours per day / 7.3 hours for sleeper cabs (or maximum miles per day / 474) STSL= the sof

t top speed limit DSL= the default speed limit **1037.645 In -**  **use compliance with family emission limits (FELs).** You may ask us to appl y a higher in - use FEL for certain in - use vehicles, subject to the provisions of this section. Note that §1037.225 conta ins provisions related to changing FELs during a model ye ar. (a) Purpose. This section is intended to address circumstances in which it is in the public interest to apply

a higher in - use FEL based on forfeiting an appropriate number of emission credits. (b) FELs. We may

apply higher in - use FELs to your vehicles as follows: (1) Where your vehicle family includes more than one sub - famil y with different FELs, we may

appl y a higher FEL within the family than was applied to the vehicle’s configuration in yo ur final ABT report. For example, if your vehicle family included three sub - families with FELs of 200 g/ton - mile, 210 g/ton - mile, and 220 g/ton - mile, we may apply a 220 g/ton - mile in - use FEL to vehicles that were originally

designated as part of the 200 g/ton - mile or 210 g/ton - mile sub families. (2) Without regard to the number of sub - families in your certified vehicle family , we may specify new sub - families with higher FELs than were included in your final ABT report. We may appl y these higher FELs as in - use FEL s for your vehicles. For example, if your vehicle family included three sub - families with FELs of 200 g/ton - mile, 210 g/ton - mile, and 220 g/ton - mile, we may specify a new 230 g/ton - mile sub - family . (3) In specifyingsub - families and in - use FELs, w e would intend to accurately reflect the actual in - use performance of your vehicles, consistent with the specified testing and modeling provisions of this part. (c) Equivalent families. We may appl y the higher FELs to other families in other model ye ars i f they

used equivalent emission controls.***** E.O. 12866 Review**
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715 of 971 (d) Credit forfeiture. Where we specify higher in - use FELs under this section, you must forfeit CO 2 emission credits based on the difference between the in - use FEL and the otherwise applicable FEL. Calculate the amount of credits to be forfeited using the applicable equation in §1037.705, by substituting the otherwise applicable FEL for the standard an d the in - use FELfor the otherwise applicable FEL. (e) Requests. Submit your request to the Designated Compliance Officer. Include the following in your request: (1) The vehicle family

name, model year, and name/description of the configuration(s) affect ed. (2) A list of other vehicle families/configurations/model years that may be affected. (3) The otherwise applicable FEL for each configuration along with your recommendations for higher in - use FELs. (4) Your source of credits for forfeiture. (f) Relati on to recall. You may not request higher in - use FELs for an y vehicle families for which we have made a determination of nonconformance and ordered a recall. You may , however, make such requests for vehicle families for which you are performing a voluntary emission recall. (g) Approval. We may

approve your request if we determine that you meet the requirements of this section and such approval is in the public interest. We may include appropriate conditions with our approval or we may approve your reques t with modifications. **§1037.650 Tire manufacturers.** This section describes how the requirements of this part appl y with respect to tire manufacturers that choose to provide test data or emission warranties for purposes of this part. (a) Testing. You are responsible as follows for test tires and emission test results that y ou provide to vehicle manufacturers for the purpose of the manufacturer submitting them to EPA for certification under this part: (1) Such test results are deemed under §1037.825 to be submissions to EPA. This means that you may

be subject to criminal penalties under 18 U.S.C. 1001 if you knowingl y submit false test results to the manufacturer. (2) You may

not cause a vehicle manufacturer to violate the regulations by rendering inaccurate emission test results you provide (or emission test results from testing of test tires you provide) to the vehicle manufacturer. (3) Your provision of test ti res and emission test results to vehicle manufacturers for the purpose of certifying under this part is deemed to be an agreement to provide tires to EPA for confirmatory

testing under §1037.201. (b) Warrant y. You may

contractuall y agree to process emissi on warrant y claims on***** E.O. 12866 Review**
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716 of 971 behalf of the manufacturer certifying the vehicle with respect to tires you produce. (1) Your fulfillment of the warrant y requirements of this part is deemed to fulfill the vehicle manufacturer’s warrant y obligations under this part with respect to tires you warrant. (2) You may

not cause a vehicle manufacturer to violate the regulations by failing to fulfill the emission warranty requirements that you contractuall y agreed to fulfill. **§1037.655 Post -**  **useful life vehicle modificatio ns.**  This section specifies vehicle modifications that may occur after a vehicle reaches the end of its regulatory

useful life. It does not apply with respect to modifications that occur within the useful life period. It also does not apply with respect t o engine modifications or recalibrations. Note that many such modifications to the vehicle during the useful life and to the engine at an y time are presumed to violate 42 U.S.C 7522(a)(3)(A). (a) General. Except as allowed by this section, it is prohibi ted for an y person to remove or render inoperative an y emission control device installed to comply with the requirements of this part 1037. (b) Allowable modifications. You may modify a vehicle for the purpose of reducing emissions, provided you have a r easonable technical basis for knowing that such modification will not increase emissions of any other pollutant. Reasonable technical basis has the meaning given in 40 CFR 1068.30. This generall y requires you to have information that would lead an engine er or other person familiar with engine and vehicle design and function to reasonably believe that the modifications will not increase emissions of any

regulated pollutant. (c) Examples of allowable modifications. The following are examples of allowable m odifications: (1) It is generally

allowable to remove tractor roof fairings after the end of the vehicle’s useful life if the vehicle will no longer be used primarily to pull box trailers. (2) Other fairings may

be removed after the end of the vehicle’s us eful life if the vehicle will no longer be used significantly on highway s with vehicle speed of 55 miles per hour or higher. (d) Examples of prohibited modifications. The following are examples of modifications that are not allowable: (1) No person may disable a vehicle speed limiter prior to its expiration point. (2) No person may

remove aerodyn amic fairings from tractors that are used primarily to pull box trailers on highway s.***** E.O. 12866 Review**
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717 of 971 **§1037.660 Automatic engine shutdown systems.** This section specifies requi rements that appl y for certified automatic engine shutdown sy stems (AES) that are modeled under §1037.520. It does not apply for AES sy stems that you do not model under §1037.520. (a) Minimum requirements. Your AES sy stem must meet all of the requirements of this paragraph (a) to be modeled under §1037.520. The sy stem must shut down the engine within 300 seconds when all the following conditions are met: (1) The transmission is set in neutral with the parking brake engaged (or the transmission is set to p ark if so equipped). (2) The operator has not reset the s ys tem timer within the 300 seconds by changing the position of the accelerator, brake, or clutch pedal; or b y some other mechanism we approve. (3) None of the override conditions of paragraph (b) of this section are met. (b) Override conditions. The sy stem may delay shutting the engine down while any of the conditions of this paragraph (b) appl y. Engines equipped with auto restart may restart during override conditions. Note that these conditions a llow the sy stem to delay shutdown or restart, but do not allow it to reset the timer. The s ys tem may delay shutdown

— (1) While an exhaust emission control device is regenerating. The period considered to be regeneration for purposes of this allowance mus t be consistent with good engineering judgment and may differ in length from the period considered to be regeneration for other purposes. For example, in some cases it may be appropriate to include a cool down period for this purpose but not for infrequent regeneration adjustment factors. (2) If necessary

while servicing the vehicle, provided the deactivation of the AES sy stem is accomplished using a diagnostic scan tool. The sy stem must be automatically

reactivated when the engine is shutdown for more than 60 minutes. (3) If the vehicle’s main battery state - of - charge is not sufficient to allow the main engine to be restarted. (4) If the external ambient temperature reaches a level below which or above which the cabin temperature cannot be maintained wi thin reasonable heat or cold exposure threshold limit values for the health and safet y of the operator (not merel y comfort). (5) If the vehicle’s engine coolant temperature is too low according to the manufacturer's engine protection guidance. This may also apply for fuel or oil temperatures. This allows the engine to continue operating until it reaches a***** E.O. 12866 Review**
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718 of 971 predefined temperature at which the shutdown sequence of paragraph (a) of this section would resume. (6) The s ys tem may

delay shutdown while the vehic le's main engine is operating in power take - off (PTO) mode. For purposes of this paragraph (b)(6), an engine is considered to be in PTO mode when a switch or setting designating PTO mode is enabled. (c) Expiration of AES systems. The AES sy stem may inc lude an expiration point (in miles) after which the AES sy stem may be disabled. If your vehicle is equipped with an expiring AES sy stem that expires before 1,259,000 miles adjust the model input as follows: Input = 5 g CO 2 /ton - mile × (miles at expiration / 1,259,000 miles) (d) Adjustable parameters. Provisions that apply generall y with respect to adjustable parameters also appl y to the AES sy stem operating parameters, except the following are not considered to be adjustable parameters: (1) Accelerator, br ake, and clutch pedals, with respect to resetting the idle timer. Parameters associated with other timer reset mechanisms we approve are also not adjustable parameters. (2) By pass parameters allowed for vehicle service under paragraph (b)(2) of this secti on. (3) Parameters that are adjustable only after the expiration point. **Subpart H —** 

**Averaging, Banking, and Trading for Certification § 1037.701 General provisions.**  (a) You may

average, bank, and trade (ABT) emission credits for purposes of certification as described in this subpart and in subpart B of this part to show compliance with the standards of §§ 1037.105 and 1037.106. Participation in this program is voluntary . (b) The definitions of Subpart I of this part appl y t o this subpart. The following definitions also apply : (1) Actual emission credits means emission credits you have generated that we have verified b y reviewing yo ur final report. (2) Averaging set means a set of vehicles in which emission credits may be***** E.O. 12866 Review**
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719 of 971 exchang ed. Credits generated b y one vehicle may only be used b y other vehicles in the same averaging set. Note that an averaging set may comprise more than one regulatory

subcategory . See § 1037.740. (3) Broker means any

entity that facilitates a trade of emis sion credits between a buyer and seller. (4) Bu ye r means the entity that receives emission credits as a result of a trade. (5) Reserved emission credits means emission credits you have generated that we have not yet verified b y reviewing your final report. (6) Seller means `the entity that provides emission credits during a trade. (7) Standard means the emission standard that applies under subpart B of this part for vehicles not participating in the ABT program of this subpart. (8) Trade means to exchange emission credits, either as a bu ye r or seller. (c) Emission credits may

be exchanged onl y within an averaging set as specified in § 1037.740. (d) You may

not use emission credits generated under this subpart to offset any emissions that exceed an FEL or st andard, except as allowed by §1037.645. (e) You may

trade emission credits generated from any number of your vehicles to the vehicle purchasers or other parties to retire the credits. I dentify an y such credits in the reports described in § 1037.730. Ve hicles must comply with the applicable FELs even if yo u donate or sell the corresponding emission credits under this paragraph (e). Those credits may

no longer be used by

anyone to demonstrate compliance with any EPA emission standards. (f) Emission credi ts may

be used in the model year they are generated. Surplus emission credits may

be banked for future model ye ars. Surplus emission credits may sometimes be used for past model years, as described in §1037.745. (g) You may

increase or decrease an FEL during the model year b y amending your application for certification under § 1037.225. The new FEL may appl y only

to vehicles yo u have not already

introduced into commerce. (h) See §1037.740 for special credit provisions that apply for credits generated under §1037.104(d)(7), §1037.615 or 40 CFR 1036.615. (i) Unless the regulations explicitly allow it, you may

not calculate credits more than once for an y emission reduction. For example, if you generate CO 2 emission credits for a given h yb rid vehicle und er this part, no one may generate CO 2 emission credits for the hy brid engine under 40 CFR part 1036. However, credits could be generated for identical engine used in vehicles that did not generate credits under this part.***** E.O. 12866 Review**
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720 of 971 **§ 1037.705 Generating and calculating emission credits.**  (a) The provisions of this section apply separatel y for calculating emission credits for each pollutant. (b) For each participating family or subfamily , calculate positive or negative emission credits relative to th e otherwise applicable emission standard. Calculate positive emission credits for a family or subfamil y that has an FEL below the standard. Calculate negative emission credits for a family or subfamily

that has an FEL above the standard. Sum your positi ve and negative credits for the model y ear before rounding. Round the sum of emission credits to the nearest megagram (Mg), using consistent units throughout the following equations: (1) For vocational vehicles: Emission credits (Mg) = (Std - FEL) × (Payloa d Tons) × (Volume) × (UL) × (10 - 6 ) Where: Std = the emission standard associated with the specific tractor regulatory subcategory

(g/ton - mile). FEL = the family

emission limit for the vehicle subfamily (g/ton - mile). Payload tons = the prescribed payload for each class in tons (2.85 tons for light heav y - dut y vehicles, 5.6 tons for medium heav y - duty vehicles, and 7.5 tons for heavy heav y - dut y vehicles). Volume = U.S. - directed production volume of the vehicle subfamil y. For example, if yo u produce three con figurations with the same FEL , the subfamily production volume would be the sum of the production volumes for these three configurations. UL= useful life of the vehicle (110,000 miles for light heavy - duty vehicles, 185,000 miles for medium heav y - duty vehi cles, and 435,000 miles for heavy heavy - duty vehicles). (2) For tractors: Emission credits (Mg) = (Std - FEL) × (Payload tons) × (Volume) × (UL) × (10 - 6 ) Where:***** E.O. 12866 Review**
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721 of 971 Std = the emission standard associated with the specific tractor regulatory subcategory

(g/to n - mile). FEL = the family

emission limit for the vehicle subfamily (g/ton - mile). Payload tons = the prescribed payload for each class in tons (12.5 tons for Class 7 and 19 tons for Class 8). Volume = U.S. - directed production volume of the vehicle subfamil y . UL= useful life of the tractor (435,000 miles for Class 8 and 185,000 miles for Class 7). (c) As described in § 1037.730, compliance with the requirements of this subpart is determined at the end of the model year based on actual U.S. - directed production volumes. Keep appropriate records to document these production volumes. Do not include an y of the following vehicles to calculate emission credits: (1) Vehicles that you do not certify to the CO 2 standards of this part because they are permane ntl y exempted under subpart G of this part or under 40 CFR part 1068. (2) Exported vehicles. (3) Vehicles not subject to the requirements of this part, such as those excluded under § 1037.5. (4) An y other vehicles, where we indicate elsewhere in this part 1037 that they are not to be included in the calculations of this subpart. **§ 1037.710 Averaging.** (a) Averaging is the exchange of emission credits among your vehicle families. You may average emission credits only within the same averaging set. (b) You may

certify one or more vehicle families (or subfamilies) to an FEL above the applicable standard, subject to an y applicable FEL caps and other provisions in subpart B of this part, if you show in your application for certification that your p rojected balance of all emission - credit transactions in that model year is greater than or equal to zero or that a negative balance is allowed under § 1037.745. (c) If you certify

a vehicle family

to an FEL that exceeds the otherwise applicable standard, you must obtain enough emission credits to offset the vehicle family ’s deficit by the due date for the final report required in § 1037.730. The emission credits used to address the deficit may

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722 of 971 c redits in the same model y ear (or from later model years as specified in § 1037.745), from emission credits yo u have banked, or from emission credits you obtain through trading. **§ 1037.715 Banking.** (a) Banking is the retention of surplus emiss ion credits by the manufacturer generating the emission credits for use in future model ye ars for averaging or trading. (b) You may

designate any

emission credits you plan to bank in the reports you submit under § 1037.730 as reserved credits. During the model year and before the due date for the final report, you may designate your reserved emission credits for averaging or trading. (c) Reserved credits become actual emission credits when you submit your final report. However, we may

revoke these emissi on credits if we are unable to verify them after reviewing your reports or auditing your records. (d) Banked credits retain the designation of the averaging set in which they were generated. **§ 1037.720 Trading.** (a) Trading is the exchange of e mission credits between manufacturers, or the transfer of credits to another part y t o retire them. You may use traded emission credits for averaging, banking, or further trading transactions. Traded emission credits remain subject to the averaging - set re strictions based on the averaging set in which they were generated. (b) You may

trade actual emission credits as described in this subpart. You may also trade reserved emission credits, but we may revoke these emission credits based on our review of your records or reports or those of the company with which you traded emission credits. You may trade banked credits within an averaging set to any certifying manufacturer. (c) If a negative emission credit balance results from a transaction, both the buy er an d seller are liable, except in cases we deem to involve fraud. See § 1037.255(e) for cases involving fraud. We may void the certificates of all vehicle families participating in a trade that results in a manufacturer having a negative balance of emission credits. See § 1037.745. **§ 1037.725 What must I include in my application for certification?******* E.O. 12866 Review**
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723 of 971 (a) You must declare in your application for certification your intent to use the provisions of this subpart for each vehicle famil y that will be certified using the ABT program. You must also declare the FELs you select for the vehicle famil y or subfamily for each pollutant for which you are using the ABT program. Your FELs must comply with the specifications of subpart B of this part, including the FEL caps. FELs must be expressed to the same number of decimal places as the applicable standards. (b) Include the following in your application for certification: (1) A statement that, to the best of your belief, yo u will not have a negative balance of emission credits for an y averaging set when all emission credits are calculated at the end of the ye ar; or a statement that you will have a negative balance of emission credits for one or more averaging sets but that it is allowed under § 1037.745. (2) Calculations of projected emission credits (positive or negative) based on projected U.S. - directed production volumes. We may require you to include similar calculations from your other vehicle families to project your net credit balances for the model ye ar. If you project negative emission credits for a family or subfamily, state the source of positive emission credits you expect to use to offset the negative emission credits. **§ 1037.730 ABT reports.** (a) If an y of your vehicle families are certified using the ABT provisions of this subpart, yo u must send an end - of

- ye ar report within 90 days after the end of the model y ear and a final report within 270 days after the end of the model year. (b) Your en d - of

- ye ar and final reports must include the following information for each vehicle famil y participating in the ABT program: (1) Vehicle - family

and subfamily

designations. (2) The regulatory

subcategory

and emission standards that would otherwise appl y to the vehicle family . (3) The FEL for each pollutant. I f you change the FEL after the start of production, identify the date that you started using the new FEL and/or give the vehicle identification number for the first vehicle covered by the new FEL. In this case, identify each applicable FEL and calculate the positive or negative emission credits as specified in § 1037.225. (4) The projected and actual U.S. - directed production volumes for the model year. If yo u changed an FEL during the model ye ar, identi fy the actual production volume associated with each FEL. (5) Useful life.***** E.O. 12866 Review**
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724 of 971 (6) Calculated positive or negative emission credits for the whole vehicle family . Id entify an y emission credits that you traded, as described in paragraph (d)(1) of this section. (7) If you have a negative credit balance for the averaging set in the given model ye ar, specify

whether the vehicle famil y (or certain subfamilies with the vehicle family) have a credit deficit for the year. Consider for example, a manufacturer with thre e vehicle families (“A”, “B”, and “C”) in a given averaging set. If family A generates enough credits to offset the negative credits of family B but not enough to also offset the negative credits of famil y C (and the manufacturer has no banked credits in the averaging set), the manufacturer may designate families A and B as having no deficit for the model year, provided it designates famil y C as having a deficit for the model ye ar. (c) Your end - of

- ye ar and final reports must include the following additiona l information: (1) Show that your net balance of emission credits from all your participating vehicle families in each averaging set in the applicable model year is not negative, except as allowed under § 1037.745. (2) State whether you will reserve an y em ission credits for banking. (3) State that the report’s contents are accurate. (d) If you trade emission credits, you must send us a report within 90 days after the transaction, as follows: (1) As the seller, you must include the following information in your report: (i) The corporate names of the bu yer and an y brokers. (ii) A cop y of an y contracts related to the trade. (iii) The vehicle families that generated emission credits for the trade, including the number of emission credits from each family . (2) As the bu ye r, you must include the following information in your report: (i) The corporate names of the seller and an y brokers. (ii) A cop y of an y contracts related to the trade. (iii) How you intend to use the emission credits, including the number of emission credits you intend to apply to each vehicle family

(if known). (e) Send your reports electronicall y to the Designated Compliance Officer using an approved information format. If you want to use a different format, send us a written request with justification for a waiver.***** E.O. 12866 Review**
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725 of 971 (f) Correct errors in your end - of - ye ar report or final report as follows: (1) You may

correct any

errors in your end - of

- year report when you prepare the final report, as long as you send us the final report b y the time it is due . (2) If you or we determine within 270 day s after the end of the model year that errors mistakenly

decreased yo ur balance of emission credits, you may correct the errors and recalculate the balance of emission credits. You may not make these corrections for errors that are determined more than 270 day s after the end of the model year. If yo u report a negative balance of emission credits, we may disallow corrections under this paragraph (f)(2). (3) If you or we determine an yt ime that errors mistakenl y inc reased your balance of emission credits, you must correct the errors and recalculate the balance of emission credits. **§ 1037.735 Recordkeeping.** (a) You must organize and maintain your records as described in this section. We may review your r ecords at any time. (b) Keep the records required by this section for at least eight years after the due date for the end - of

- ye ar report. You may

not use emission credits for any vehicles if you do not keep all the records required under this section. You must therefore keep these records to continue to bank valid credits. Store these records in any format and on any

media, as long as you can promptl y send us organized, written records in English if we ask for them. You must keep these records readil y available. We may review them at any

time. (c) Keep a cop y of the reports we require in §§ 1037.725 and 1037.730. (d) Keep records of the vehicle identification number for each vehicle you produce that generates or uses emission credits under the ABT pro gram. You may identify these numbers as a range. If you change the FEL after the start of production, identify the date yo u started using each FELand the range of vehicle identification numbers associated with each FEL. You must also identify the purch aser and destination for each vehicle yo u produce to the extent this information is available. (e) We may

require you to keep additional records or to send us relevant information not required b y this section in accordance with the Clean Air Act. **§ 1037.7 40 Restrictions for using emission credits.**  The following restrictions apply for using emission credits:***** E.O. 12866 Review**
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726 of 971 (a) Averaging sets . Except as specified in paragraph (b) of this section, emission credits may be exchanged onl y within an averaging set. There are three principal averaging sets for vehicles subject to this subpart. (1) Vehicles at or below 19,500 pounds GVWR that are subject to the standards of §1037.105. (2) Vehicles above 19,500 pounds GVWR but at or below 33,000 pounds GVWR. (3) Vehi cles over 33,000 pounds GVWR. (4) Note that other separate averaging sets also apply for emission credits not related to this subpart. For example, under § 1037.104, an additional averaging set comprises all vehicles subject to the standards of that secti on. Separate averaging sets also apply

for engines under 40 CFR part 1036, including engines used in vehicles subject to this subpart. (b) Credits from h ybrid vehicles and other advanced technologies. The averaging set restrictions of paragraph (a) of this section do not apply for credits generated under §1037.104(d)(7), §1037.615 or 40 CFR 1036.615 from hybrid vehicles with regenerative braking, or from other advanced technologies. (1) The maximum amount of credits you may bring into the following service class groups is 60,000 Mg per model y ear: (i) Spark - ignition engines, light heavy - dut y compression - ignition engines, and light heav y - dut y vehicles. This group comprises the averag ing set listed in paragraphs(a)(1) of this section and the averaging set listed in 40 CFR 1036.740(a)(1) and (2). (ii) Medium heav y - dut y compression - ignition engines and medium heav y - duty vehicles. This group comprises the averaging sets listed in paragrap h (a)(2) of this section and 40 CFR 1036.740(a)(3). (iii) Heav y heav y - dut y compression - ignition engines and heav y heav y - duty vehicles. This group comprises the averaging sets listed in paragraph (a)(3) of this section and 40 CFR 1036.740(a)(4). (2) The lim it specified in paragraph (b)(1) of this section does not limit the amount of advanced technology

credits that can be used within a service class group if they were generated in that same service class group. (c) C redit life. Credits expire after five years. (d) Other restrictions . Other sections of this part specify additional restrictions for using emission credits under certain special provisions.***** E.O. 12866 Review**
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727 of 971 **§ 1037.745 End -**  **of**

**- year CO**  **2 credit deficits.**  Except as allowed b y this section, we may void the certificate of an y vehicle family certified to an FEL above the applicable standard for which you do not have sufficient credits b y the deadline for submitting the final report. (a) Your certificate for a vehicle famil y for which you do not have sufficient CO 2 credits will not be void if you remedy the deficit with surplus credits within three model years. For example, if you have a credit deficit of 500 Mg for a vehicle famil y at the end of model year 2015, you must generate (or otherwise obtain) a surplus of at least 500 Mg in that same averaging set by the end of model year 2018. (b) You may

appl y onl y surplus credits to your deficit. You may not apply credits to a deficit from an earlier model year if they were generated in a model year for which any of yo ur vehicle families for that averaging set had an end - of - ye ar credit deficit. (c) If you do not remed y the deficit with surplus credits within three model years, we may void your certificate for that vehicle family . Note that voiding a certificate applies ab initio . Where the net deficit is less than the total amount of negative credits originall y generated b y the family, we will void the certificate only with respect to the number of vehicles need ed to reach the amount of the net deficit. For example, if the original vehicle famil y generated 500 Mg of negative credits, and the manufacturer’s net deficit after three ye ars was 250 Mg, we would void the certificate with respect to half of the vehicle s in the famil y. **§ 1037.750 What can happen if I do not comply with the provisions of this subpart?** (a) For each vehicle family participating in the ABT program, the certificate of conformity

is conditioned upon full compliance with the provis ions of this subpart during and after the model ye ar. You are responsible to establish to our satisfaction that you fully compl y with applicable requirements. We may void the certificate of conformity for a vehicle famil y if yo u fail to comply with an y p rovisions of this subpart. (b) You may

certify your vehicle famil y or subfamily to an FEL above an applicable standard based on a projection that you will have enough emission credits to offset the deficit for the vehicle family . See §1036.745 for provisi ons specifying what happens if yo u cannot show in your final report that you have enough actual emission credits to offset a deficit for an y pollutant in a vehicle family. (c) We may

void the certificate of conformit y for a vehicle family if you fail to ke ep records, send reports, or give us information we request. Note that failing to keep records, send reports, or give us information we request is also a violation of 42 U.S.C. 7522(a)(2). (d) You may

ask for a hearing if we void your certificate under th is section (see § 1037.820).***** E.O. 12866 Review**
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728 of 971 **§ 1037.755 Information provided to the Department of Transportation.** After receipt of each manufacturer’s final report as specified in § 1037.730 and completion of an y verification testing required to validate the manufacturer’s submitted final data, we will issue a report to the Department of Transportation with CO 2 emission information and will verify the accuracy

of each manufacturer’s equivalent fuel consumption data required by NHTSA under 49 CFR 535.8. We wil l send a report to DOT for each vehicle manufacturer based on each regulatory category and subcategory , including sufficient information for NHTSA to determine fuel consumption and associated credit values. See 49 CFR 535.8 to determine if NHTSA deems sub mission of this information to EPA to also be a submission to NHTSA. **Subpart I —** **Definitions and Other Reference Information § 1037.801 Definitions.**  The following definitions apply to this part. The definitions apply to all subp arts unless we note otherwise. All undefined terms have the meaning the Act gives to them. The definitions follow: A to B testing means testing performed in pairs to allow comparison of vehicle A to vehicle B. Act means the Clean Air Act, as amended, 4 2 U.S.C. 7401 - 7671q. Adjustable parameter means any device, s ys tem, or element of design that someone can adjust (including those which are difficult to access) and that, if adjusted, may affect measured or modeled emissions (as applicable). You may as k us to exclude a parameter that is difficult to access if it cannot be adjusted to affect emissions without significantl y degrading vehicle performance, or if you otherwise show us that it will not be adjusted in a way that affects emissions during in - use operation. Adjusted L oaded Vehicle Weight means the numerical average of vehicle curb weight and GVWR. Advanced technology means vehicle technology certified under §1037.615, §1037.104(d)(7), or 40 CFR 1036.615. Aftertreatment means relating to a cata ly tic converter, particulate filter, or any other sy stem, component, or technology mounted downstream of the exhaust valve (or exhaust port) whose design function is to decrease emissions in the vehicle exhaust before it is exhausted to the environment. E xhaust - gas recirculation (EGR) and turbochargers are***** E.O. 12866 Review**
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729 of 971 not aftertreatment. Alcohol - fueled vehicle means a vehicle that is designed to run using an alcohol fuel. For purposes of this definition, alcohol fuels do not include fuels with a nominal alcohol cont ent below 25 percent by volume. Auxiliary emission control device means any element of design that senses temperature, motive speed, engine RPM, transmission gear, or any other parameter for the purpose of activating, modulating, delaying, or deactivating the operation of any part of the emission control system. Averaging set has the meaning given in § 1037.701. Cab - complete vehicle means a vehicle that is first sold as an incomplete vehicle that substantially

includes its cab. Vehicles known commercially as chassis - cabs, cab chassis, box - deletes, bed - deletes, cut - away vans are considered cab - complete vehicles. For purposes of this definition, a cab includes a steering column and passenger compartment. Note a vehicle lacking some components of the cab is a cab - complete vehicle if it substantially

includes the cab. Calibration means the set of specifications and tolerances specific to a particular design, version, or application of a component or assembly capable of functionally describing its operation over its working range. Carbon - related exhaust emissions (CREE) has the meaning given in 40 CFR 600.002. Note that CREE represent s the combined mass of carbon emitted as HC, CO, and CO 2 , expressed as having a molecular weight equal to that of CO 2 . Carryover means relating to certification based on emission data generated from an earlier model year. Certification means relating to the process of obtaining a certificate of conformity for a vehicle family

that complies with the emission standards and requirements in this part. Certified emission level means the highest deteriorated emission level in a vehicle fam ily for a given pollutant from either transient or steady - state testing. Class means relating to GVWR classes, as follows: (1) Class 2b means heavy - dut y motor vehicles at or below 10,000 pounds GVWR. (2) Class 3 means heav y - duty motor vehicles above 10 ,000 pounds GVWR but at or below 14,000 pounds GVWR. (3) Class 4 means heav y - duty motor vehicles above 14,000 pounds GVWR but at or below 16,000 pounds GVWR. (4) Class 5 means heav y - duty motor vehicles above 16,000 pounds GVWR but at or***** E.O. 12866 Review**
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730 of 971 below 19,500 pound s GVWR. (5) Class 6 means heav y - duty motor vehicles above 19,500 pounds GVWR but at or below 26,000 pounds GVWR. (6) Class 7 means heav y - duty motor vehicles above 26,000 pounds GVWR but at or below 33,000 pounds GVWR. (7) Class 8 means heav y - duty motor veh icles above 33,000 pounds GVWR. Complete vehicle has the meaning given in the definition of vehicle in this section. Compression - ignition means relating to a t ype of reciprocating, internal - combustion engine that is not a spark - ignition engine. Curb weight has the meaning given in 40 CFR 86.1803, consistent with the provisions of § 1037.140. Date of manufacture means the date on which the certifying vehicle manufacturer completes its manufacturing operations, except as follows: (1) Where the certifi cate holder is an engine manufacturer that does not manufacture the chassis, the date of manufacture of the vehicle is based on the date assembly of the vehicle is completed. (2) We may

approve an alternate date of manufacture based on the date on which th e certifying (or primary) manufacturer completes assembly at the place of main assembly , consistent with the provisions of §1037.601 and 49 CFR 567.4. Day cab means a t ype of tractor cab that is not a sleeper cab. Designated Compliance Officer means the Manager, Heavy - Dut y and Nonroad Engine Group (6405 - J), U.S. Environmental Protection Agency , 1200 Penns yl vania Ave., NW., Washington, DC 20460. Designated Enforcement Officer means the Director, Air Enforcement Division (2242A), U.S. Environmental Protec tion Agency , 1200 Pennsylvania Ave., NW., Washington, DC 20460. Deteriorated emission level means the emission level that results from applying the appropriate deterioration factor to the official emission result of the emission - data vehicle. Note that where no deterioration factor applies, references in this part to the deteriorated emission level mean the official emission result. Deterioration factor means the relationship between emissions at the end of useful life and emissions at the low - hour test point, expressed in one of the following way s:***** E.O. 12866 Review**
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731 of 971 (1) For multiplicative deterioration factors, the ratio of emissions at the end of useful life to emissions at the low - hour test point. (2) For additive deterioration factors, the difference between emissions at the end of useful life and emissions at the low - hour test point. Driver model means an automated controller that simulates a person driving a vehicle. Electric vehicle means a vehicle that does not include an engine, and is powered solely by an external source of electricity and/or solar power. Note that this does not include electric h ybrid or fuel - cell vehicles that use a chemical fuel such as gasoline, diesel fuel, or h ydrogen. Electric vehicles may also be referred to as all - electric vehicles to distinguish them from hy brid vehicles. Emission control sy stem means an y device, s ys tem, or element of design that controls or reduces the emissions of regulated polluta nts from a vehicle. Emission - data vehicle means a vehicle that is tested for certification. This includes vehicle tested to establish deterioration factors. Emission - related maintenance means maintenance that substantially affects emissions or is likely to substantially affect emission deterioration. Excluded means relating to vehicles that are not subject to some or all of the requirements of this part as follows: (1) A vehicle that has been determined not to be a motor vehicle is excluded from this part. (2) Certain vehicles are excluded from the requirements of this part under § 1037.5. (3) Specific regulatory

provisions of this part may exclude a vehicle generally subject to this part from one or more specific standards or requirements of this part. Exempted has the meaning given in 40 CFR 1068.30. Family emission limit (FEL ) means an emission level declared by the manufacturer to serve in place of an otherwise applicable emission standard under the ABT program in subpart H of this part. The family emission limit must be expressed to the same number of decimal places as the emission standard it replaces. Note that an FEL may apply as a “subfamily” emission limit. Fuel s ys tem means all components involved in transporting, metering, and mixing the f uel from the fuel tank to the combustion chamber(s), including the fuel tank, fuel pump, fuel filters, fuel lines, carburetor or fuel - injection components, and all fuel - sy stem vents. It also includes components for controlling evaporative emissions, such as fuel caps, purge valves, and carbon canisters.***** E.O. 12866 Review**
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732 of 971 Fuel t ype means a general category of fuels such as diesel fuel or natural gas. There can be multiple grades within a single fuel t ype, such as high - sulfur or low - sulfur diesel fuel. Good engineering jud gm ent has the meaning given in 40 CFR 1068.30. See 40 CFR 1068.5 for the administrative process we use to evaluate good engineering judgment. Gross vehicle weight rating (GVWR) means the value specified b y the vehicle manufacturer as the maximum design l oaded weight of a single vehicle, consistent with good engineering judgment. Gross combination weight rating (GCWR) means the value specified b y the vehicle manufacturer as the maximum weight of a loaded vehicle and trailer, consistent with good enginee ring judgment. For example, compliance with SAE J2807 is generall y considered to be consistent with good engineering judgment, especiall y for Class 3 and smaller vehicles. Heav y - dut y engine means any engine used for (or for which the engine manufacturer could reasonably

expect to be used for) motive power in a heavy - dut y vehicle. Heav y - dut y vehicle means any motor vehicle above 8,500 pounds GVWR or that has a vehicle curb weight above 6,000 pounds or that has a basic vehicle frontal area greater than 45 square feet. Hy brid engine or hy

brid powertrain means an engine or powertrain that includes energy storage features other than a conventional battery s ys tem or conventional fly wheel. Supplemental electrical batteries and hydraulic accumulators are exampl es of hy brid energy

storage s ystems Note that certain provisions in this part treat hybrid engines and powertrains intended for vehicles that include regenerative braking different than those intended for vehicles that do not include regenerative braking . Hy brid vehicle means a vehicle that includes energy storage features (other than a conventional battery

s ys tem or conventional fl ywheel) in addition to an internal combustion engine or other engine using consumable chemical fuel. Supplemental electrica l batteries and hydraulic accumulators are examples of hy brid energy

storage sy stems Note that certain provisions in this part treat h ybrid vehicles that include regenerative braking different than those that do not include regenerative braking. Hydrocar bon (HC) means the hydrocarbon group on which the emission standards are based for each fuel t ype. For alcohol - fueled vehicles, HC means nonmethane hydrocarbon equivalent (NMHCE) for exhaust emissions and total hydrocarbon equivalent (THCE) for evaporativ e emissions. For all other vehicles, HC means nonmethane h ydrocarbon (NMHC) for exhaust emissions and total hydrocarbon (THC) for evaporative emissions. Id entification number means a unique specification (for example, a model number/serial number combination) that allows someone to distinguish a particular vehicle from other similar vehicles.***** E.O. 12866 Review**
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733 of 971 In complete vehicle has the meaning given in the definition of vehicle in this section. Innovative technology means technology certified under §1037.610. Li ght - dut y truck means any motor vehicle rated at or below 8,500 pounds GVWR with a curb weight at or below 6,000 pounds and basic vehicle frontal area at or below 45 square feet, which is: (1) Designed primarily

for purposes of transportation of propert y or is a derivation of such a vehicle; or (2) Designed primarily

for transportation of persons and has a capacity of more than 12 persons; or (3) Available with special features enabling off - street or off

- highway operation and use. Li ght - dut y vehicle means a passenger car or passenger car derivative capable of seating 12 or fewer passengers. Low - mileage means relating to a vehicle with stabilized emissions and represents the undeteriorated emission level. This would generally involve approximately 4 000 miles of operation. Low rolling resistance tire means a tire on a vocational vehicle with a TRRL at or below of 7.7 kg/metric ton, a steer tire on a tractor with a TRRLat or below 7.7 kg/metric ton, or a drive tire on a tractor with a TRRL at or belo w 8.1 kg/metric ton. Manufacture means the phy sical and engineering process of designing, constructing, and/or assembling a vehicle. Manufacturer has the meaning given in section 216(1) of the Act. In general, this term includes an y person who manufactures a vehicle or vehicle for sale in the United States or otherwise introduces a new motor vehicle into commerce in the United States. This includes importers who import vehicles or vehicles for resale. Medium - duty

passenger vehicle (MDPV) has the meaning given in 40 CFR 86.1803. Model year means the manufacturer’s annual new model production period, except as restricted under this definition and 40 CFR part 85, subpart X. It must include January 1 of the calendar ye ar for which the model year is nam ed, may not begin before January 2 of the previous calendar year, and it must end by December 31 of the named calendar ye ar. (1) The manufacturer who holds the certificate of conformity for the vehicle must assign the model ye ar based on the date when its manufacturing operations are completed relative to its annual model year period. In unusual circumstances where completion of your assembly is delayed, we may

allow you to assign a model y ear one year earlier, provided it does not affect which regulatory requirements will apply .***** E.O. 12866 Review**
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734 of 971 (2) Unless a vehicle is being shipped to a secondary manufacturer that will hold the certificate of conformity , the model year must be assigned prior to introduction of the vehicle into U.S. commerce. The certifying manufacturer must redesignate the mode l ye ar if it does not complete its manufacturing operations within the originally identified model year. A vehicle introduced into U.S. commerce without a model ye ar is deemed to have a model year equal to the calendar ye ar of its introduction into U.S. c ommerce unless the certifying manufacturer assigns a later date. Motor vehicle has the meaning given in 40 CFR 85.1703. New motor vehicle means a motor vehicle meeting the criteria of either paragraph (1) or (2) of this definition. New motor vehicles m ay be complete or incomplete. (1) A motor vehicle for which the ultimate purchaser has never received the equitable or legal title is a new motor vehicle . This kind of vehicle might commonly be thought of as "brand new" although a new motor vehicle may in clude previousl y used parts. Under this definition, the vehicle is new from the time it is produced until the ultimate purchaser receives the title or places it into service, whichever comes first. (2) An imported heav y - duty motor vehicle originally

produ ced after the 1969 model year is a new motor vehicle . Noncompliant vehicle means a vehicle that was originall y covered b y a certificate of conformity , but is not in the certified configuration or otherwise does not comply with the conditions of the certif

icate. Nonconforming vehicle means a vehicle not covered b y a certificate of conformity that would otherwise be subject to emission standards. Nonmethane h ydrocarbons (NMHC) means the sum of all hydrocarbon species except methane, as measured according t o 40 CFR part 1065. Official emission result means the measured emission rate for an emission - data vehicle on a given dut y cycle before the application of any required deterioration factor, but after the applicability of regeneration adjustment factors. Owners manual means a document or collection of documents prepared b y the vehicle manufacturer for the owners or operators to describe appropriate vehicle maintenance, applicable warranties, and an y other information related to operating or keeping the veh icle. The owners manual is t ypically provided to the ultimate purchaser at the time of sale. Oxides of nitrogen has the meaning given in 40 CFR 1065.1001. Particulate trap means a filtering device that is designed to phy sicall y trap all particulate matt er above a certain size. Percent has the meaning given in 40 CFR 1065.1001. Note that this means***** E.O. 12866 Review**
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735 of 971 percentages identified in this part are assumed to be infinitely precise without regard to the number of significant figures. For example, one percent of 1 ,493 is 14.93. Placed into service means put into initial use for its intended purpose. Power take - off (PTO) means a secondary engine shaft (or equivalent) that provides substantial auxiliary

power for purposes unrelated to vehicle propulsion or normal vehicle accessories such as air conditioning, power steering, and basic electrical accessories. A t ypical PT O uses a secondary shaft on the engine to transmit power to a hydraulic pump that powers auxiliary equipment, such as a boom on a bucket truck. You may ask us to consider other equivalent auxiliary power configurations (such as those with hy brid vehicles) as power take - off s ys tems. Rechargeable Energy

Storage S ys tem (RESS) means the component(s) of a hy brid engine or vehicle that store recovered energy for later use, such as the battery s ys tem in an electric h ybrid vehicle. Regulatory

sub - category means one of following groups: (1) Spark - ignition vehicles subject to the standards of § 1037.104. Note that this category includes most gasoline - fueled heav y - duty pickup trucks and vans. (2) All other vehicles subject to the standards of § 1037.104. Note that this category includes most diesel - fueled heav y - dut y pickup trucks and van. (3)Vocational vehicles at or below 19,500 pounds GVWR. (4) Vocational vehicles at or above 19,500 pounds GVWR but below 33,000 pounds GVWR. (5) Vocational vehicles over 33,000 po unds GVWR. (6) Low - - roof tractors at or above 26,000 pounds GVWR but below 33,000 pounds GVWR. (7) Mid - roof tractors at or above 26,000 pounds GVWR but below 33,000 pounds GVWR. (8) High - roof tractors at or above 26,000 pounds GVWR but below 33,000 poun ds GVWR. (9) Low - roof day

cab tractors at or above 33,000 pounds GVWR. (10) Low - roof sleeper cab tractors at or above 33,000 pounds GVWR. (11) Mid - roof day

cab tractors at or above 33,000 pounds GVWR. (12) Mid - roof sleeper cab tractors at or above 33,000 pounds GVWR.***** E.O. 12866 Review**
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736 of 971 (13) High - roof day

cab tractors at or above 33,000 pounds GVWR. (14) High - roof sleeper cab tractors at or above 33,000 pounds GVWR. Relating to as used in this section means relating to something in a specific, direct manner. This expression is used in this section only to define terms as adjectives and not to broaden the meaning of the terms. Revoke has the meaning given in 40 CFR 1068.30. Roof height means the maximum height of a vehicle (rounded to the nearest inch), excluding narrow acce ssories such as exhaust pipes and antennas, but including an y wide accessories such as roof fairings. Measure roof height of the vehicle configured to have its maximum height that will occur during actual use, with properl y inflated tires and no driver, p assengers, or cargo onboard. Roof height may also refer to the following categories: (1) Low - roof means relating to a vehicle with a roof height of 120 inches or less. (2) Mid - roof means relating to a vehicle with a roof height of 121 to 147 inches. (3) High - roof means relating to a vehicle with a roof height of 148 inches or more. Round has the meaning given in 40 CFR 1065.1001. Scheduled maintenance means adjusting, repairing, removing, disassembling, cleaning, or replacing components or sy stems periodically to keep a part or sy stem from failing, malfunctioning, or wearing prematurel y. It also may mean actions you expect are necessary to correct an overt indication of failure or malfunction for which periodic maintenance is not appropriate. Sleeper cab means a ty

pe of tractor cab that has a compartment behind the driver’s seat intended to be used by the driver for sleeping. This includes cabs accessible from the driver’s compartment and those accessible from outside the vehicle. Small manufacturer means a manufacturer meeting the criteria specified in 13 CFR 121.201. For manufacturers owned b y a parent company , the employee and revenue limits apply

to the total number employees and total revenue of the parent company and all its subsidiaries. Spar

k - ignition means relating to a gasoline - fueled engine or an y other ty pe of engine with a spark plug (or other sparking device) and with operating characteristics significantly similar to the theoretical Otto combustion cycle. Spark ignition engines usuall y use a throttle to regulate intake air flow to control power during normal operation. Standard payload means the vehicle payload assumed for each class in tons for modeling and calculating emission credits. There are three standard payloads: (1) 2.85 t ons for light heavy - dut y vehicles.***** E.O. 12866 Review**
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737 of 971 (2) 5.6 tons for medium heav y - dut y vehicles. (3) 7.5 tons for heav y heavy - duty vehicles. Standard trailer has the meaning given in § 1037.501. Suspend has the meaning given in 40 CFR 1068.30. Test sample means the col lection of vehicles selected from the population of a vehicle family for emission testing. This may include testing for certification, production - line testing, or in - use testing. Test vehicle means a vehicle in a test sample. Test weight means the vehic le weight used or represented during testing. Tire rolling resistance level (TRRL ) means a value with units of kg/metric ton that represents that rolling resistance of a tire configuration. TRRL s are used as inputs to the GEM model under §1037.520. Note that a manufacturer may assign a value higher than the measured rolling resistance of a tire configuration. Total hydrocarbon has the meaning given in 40 CFR 1065.1001. This generall y means the combined mass of organic compounds measured b y the specified procedure for measuring total hydrocarbon, expressed as a hydrocarbon with an at omic hydrogen - to carbon ratio of 1.85:1. Total hydrocarbon equivalent has the meaning given in 40 CFR 1065.1001. This generall y means the sum of the carbon mass contributions of non - oxygenated hydrocarbons, alcohols and aldehydes, or other organic compounds that are measured separately as contained in a gas sample, expressed as exhaust hydrocarbon from petroleum - fueled vehicles. The atomic hydrogen - to - carbon ratio of the equivalent hydrocarbon is 1.85:1. Tractor has the meaning given for “truck tractor” in 49 CFR 571.3. This includes most heavy - duty

vehicles specificall y designed for the primary purpose of pulling trailers, but does not include vehicles designed to carry other loads. For purposes of this definition “other loads” would not include loads carried in the cab, sleeper compartment, or toolboxes. Examples of vehicles that are similar to tractors but that are not tractors under this part include dromedary tractors, automobile haulers, straight trucks with trailers hitches, and tow trucks. Not e that the provisions of this part that apply for tractors do not appl y for tractors that are classified as vocational tractors under §1037.630. Ultimate purchaser means, with respect to an y new vehicle, the first person who in good faith purchases such new vehicle for purposes other than resale. United States has the meaning given in 40 CFR 1068.30.***** E.O. 12866 Review**
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738 of 971 Upcoming model ye ar means for a vehicle famil y the model year after the one currentl y in production. U.S. - directed production volume means the number of vehicle units, subject to the requirements of this part, produced b y a manufacturer for which the manufacturer has a reasonable assurance that sale was or will be made to ultimate purchasers in the United States This does not include vehicles certified to state emission standards that are different than the emission standards in this part. Useful life means the period during which a vehicle is required to compl y with all applicable emission standards. Vehicle means equipment inten ded for use on highway s that meets the criteria of paragraph (1)(i) or (ii) of this definition, as follows: (1) The following equipment are vehicles: (i) A piece of equipment that is intended for self - propelled use on highway s becomes a vehicle when it inc ludes at least an engine, a transmission, and a frame. (Note: For purposes of this definition, any electrical, mechanical, and/or hydraulic devices attached to engines for the purpose of powering wheels are considered to be transmissions.) (ii) A piece o f equipment that is intended for self - propelled use on highways becomes a vehicle when it includes a passenger compartment attached to a frame with axles. (2) Vehicles may

be complete or incomplete vehicles as follows: (i) A complete vehicle is a functioning vehicle that has the primary load carrying device or container (or equivalent equipment) attached. Examples of equivalent equipment would include fifth wheel trailer hitches, firefighting equipment, and utility booms. (ii) An incomplet e vehicle is a vehicle that is not a complete vehicle. Incomplete vehicles may

also be cab - complete vehicles. This may include vehicles sold to secondary vehicle manufacturers. (iii) The primary

use of the terms “complete vehicle” and “incomplete vehicle ” are to distinguish whether a vehicle is complete when it is first sold as a vehicle. (iv) You may

ask us to allow you to certify a vehicle as incomplete if you manufacture the engines and sell the unassembled chassis components, as long as you do not pro duce and sell the body components necessary

to complete the vehicle. (3) Equipment such as trailers that are not self - propelled are not “vehicles” under this part 1037. Vehicle configuration means a unique combination of vehicle hardware and***** E.O. 12866 Review**
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739 of 971 calibration ( related to measured or modeled emissions) within a vehicle family . Vehicles with hardware or software differences, but that have no hardware or software differences related to measured or modeled emissions may be included in the same vehicle configuration . Note that vehicles with hardware or software differences related to measured or modeled emissions are considered to be different configurations even if they have the same GEM inputs and FEL. Vehicles within a vehicle configuration differ onl y with res pect to normal production variability or factors unrelated to measured or modeled emissions. Vehicle family has the meaning given in § 1037.230. Vehicle service class means a vehicle’s weight class as specified in this definition. Note that, while vehic le service class is similar to primary intended service class for engines, they

are not necessarily

the same. For example, a medium heav y - duty vehicle may include a light heavy - dut y engine. Note also that while spark - ignition engines do not have a primary intended service class, vehicles using spark - ignition engines have a vehicle service class. (1) L ight heavy - dut y vehicles are those vehicles with GVWR below 19,500 pounds. Vehicles In this class include heav y - dut y pickup trucks and vans, motor homes and other recreational vehicles, and some straight trucks with a single rear axle. Ty pical applications would include personal transportation, light - load commercial delivery , passenger service, agriculture, and construction. (2) Medium heav y - duty

vehicles are those vehicles with GVWR from 19,500 to 33,000 pounds. Vehicles in this class include school buses, straight trucks with a single rear axle, city

tractors, and a variet y of special purpose vehicles such as small dump trucks, and refuse trucks. Ty pical ap plications would include commercial short haul and intra - city

delivery and pickup. (3) Heav y heav y - dut y vehicles are those vehicles with GVWR above 33,000 pounds. Vehicles in this class include tractors, urban buses, and other heav y trucks. Vehicle sub family or subfamily means a subset of a vehicle family including vehicles subject to the same FEL(s). Vocational means relating to a vehicle subject to the standards of § 1037.105 (including vocational tractors). Vocational tractor means a vehicle classi fied as a vocational tractor under §1037.630. Void has the meaning given in 40 CFR 1068.30. Volatile liquid fuel means any fuel other than diesel or biodiesel that is a liquid at atmospheric pressure and has a Reid Vapor Pressure higher than 2.0 pounds per square inch. We (us, our) means the Administrator of the Environmental Protection Agency and***** E.O. 12866 Review**
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740 of 971 any authorized representatives. **§ 1037.805 Symbols, acronyms, and abbreviations.** The following s ymbols, acrony ms, and abbreviations apply to this part: ABT Averaging, banking, and trading. AE CD auxiliary emission control device. C D drag coefficient. C D A drag area. CFD computational fluid dynamics. CFR Code of Federal Regulations. CH 4 methane. CO carbon monoxide. CO 2 carbon dioxide. CREE carbon - related exhaust emissions. DOT Department of Transportation. EPA Environmental Protection Agency. ETW equivalent test weight. FEL Family Emission Limit. g grams. GAW R gross axle weight rating. GCWR gross combination weight rating. GVWR gross vehicle weight rating. GWP global - warming potential. HC hydrocarbon. ISO International Organization for Standardization. kg kilograms. m meter. mm millimeter mp h miles per hour. N 2 O nitrous oxide. NARA National Archives and Records Administration. NHTSA National Highway Transportation Safety Administration. NOx oxides of nitrogen (NO and NO 2 ). PM particulate matter. PTO power take - off. RESS rechargeable energy storage system. RPM revolutions per minute. SAE Society of Automotive Engineers. SKU Stock - keeping unit. TRRL Tire rolling resistance level. U.S.C. United States Code. VSL vehicle speed limiter. WF work factor. **§ 1037.810 Incorporation by reference.** (a) Certain material is incorporated b y reference into this part with the approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. To enforce an y edition other than that specified in this section, the Environmental Protecti on Agency must publish a notice of the change in the Federal Register and the material must be***** E.O. 12866 Review**
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741 of 971 available to the public. All approved material is available for inspection at U.S. EPA, Air and Radiation Docket and Information Center, 1301 Constitution Ave., NW., Room B102, EPA West Building, Washington, DC 20460, (202) 202 - 1744, and is available from the sources listed below. It is also available for inspection at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202

– 741

– 6030, or go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. (b) International Organization for Standardization, Case Postale 56, CH - 1211 Geneva 20, Switzerland, (41) 22749 0111, www.iso.org, or central@iso.org. (1) ISO 28580:2009(E) “Passenger car, truck and bus ty res – Methods of measuring rolling resistance

– Single point test and correlation of measurement results”, First Edition, July

1, 2009; IBR approved for § 1037.520 (c). (2) [Reserved] (c) U.S. EPA, Office of Air and Radiation, 2565 Ply mouth Road, Ann Arbor, MI 48105, www.epa.gov/: (1) GEM simulation tool, Version 2.0, [Insert signature date]; IBR approved for § 1037.520. The computer code for this model is availabl e as noted in paragraph (a) of this section. A working version of this software is also available for download at www.epa.gov/otaq/climate/gemodel.htm. (2) [Reserved] (d) SAE Material . The following material is available from the Society of Automotive En gineers. Copies of these materials may be obtained from Societ y of Automotive Engineers World Headquarters, 400 Commonwealth Dr., Warrendale, PA 15096

– 0001, phone (877) 606

– 7323 (U.S. and Canada) or (724) 776

–4970 (outside the U.S. and Canada), or at http: //www.sae.org. (1) SAE J1252, SAE Wind Tunnel Test Procedure for Trucks and Buses, Revised July 1981, IBR approved for § 1037.521(d), (e), and (f). (2) SAE J1594, Vehicle Aerodynamics Terminology, Revised July 2010, IBR approved for § 1037.521(d). (3) S AE J2071, Aerody

namic Testing of Road Vehicles - Open Throat Wind Tunnel Adjustment, Revised June 1994, IBR approved for § 1037.521(d). **§ 1037.815 What provisions apply to confidential information?** The provisions of 40 CFR 1068.10 apply for information you consider confidential. **§ 1037.820 Requesting a hearing.** (a) You may

request a hearing under certain circumstances, as described elsewhere in this part. To do this, you must file a written request, including a description of your objection and an y su

pporting data, within 30 day s after we make a decision. (b) For a hearing you request under the provisions of this part, we will approve your request if we find that yo ur request raises a substantial factual issue.***** E.O. 12866 Review**
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742 of 971 (c) If we agree to hold a hearing, we wil l use the procedures specified in 40 CFR part 1068, subpart G. **§ 1037.825 Reporting and recordkeeping requirements.** (a) This part includes various requirements to submit and record data or other information. Unless we specify otherwise, store required records in an y format and on any media and keep them readil y available for eight years after you send an associated application for certification, or eight years after you generate the data if they do not support an application for certification. You may not rely on anyone else to meet recordkeeping requirements on your behalf unless we specificall y authorize it. We may review these records at any time. You must promptly send us organized, written records in English if we ask for them. We may require yo u to submit written records in an electronic format. (b) The regulations in § 1037.255, 40 CFR 1068.25, and 40 CFR 1068.101 describe your obligation to report truthful and complete information. This includes information not related to certification. Fail ing to properly report information and keep the records we specify violates 40 CFR 1068.101(a)(2), which may involve civil or criminal penalties. (c) Send all reports and requests for approval to the Designated Compliance Officer (see § 1037.801). (d) An y written information we require you to send to or receive from another compan y is deemed to be a required record under this section. Such records are also deemed to be submissions to EPA. Keep these records for eight y ears unless the regulations specify a different period. We may require you to send us these records whether or not you are a certificate holder. (e) Under the Paperwork Reduction Act (44 U.S.C. 3501 et seq), the Office of Management and Budget approves the reporting and recordkeeping speci fied in the applicable regulations. The following items illustrate the kind of reporting and recordkeeping we require for vehicles regulated under this part: (1) We specify

the following requirements related to vehicle certification in this part 1037: (i) In subpart C of this part we identify a wide range of information required to certify vehicles. (ii) In subpart G of this part we identify several reporting and recordkeeping items for making demonstrations and getting approval related to various special compliance provisions. (iii) In § 1037.725, 1037.730, and 1037.735 we specify certain records related to averaging, banking, and trading.***** E.O. 12866 Review**
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743 of 971 (2) We specify

the following requirements related to testing in 40 CFR part 1066: (i) In 40 CFR 1065.2 we give an ove rview of principles for reporting information. (ii) In 40 CFR 1065.10 and 1065.12 we specify information needs for establishing various changes to published test procedures. (iii) In 40 CFR 1065.25 we establish basic guidelines for storing test information . (iv) In 40 CFR 1065.695 we identify data that may be appropriate for collecting during testing of in - use vehicles using portable analyzers. Appendix Ito part 1037

— Heav y - dut y Transient Chassis Test Cycle***** E.O. 12866 Review**
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74 4 of 971 Time Speed Speed sec. mph m/s 1 0.00 0.00 2 0.00 0.00 3 0.00 0.00 4 0.00 0.00 5 0.00 0.00 6 0.00 0.00 7 0.41 0.18 8 1.18 0.53 9 2.26 1.01 10 3.19 1.43 11 3.97 1.77 12 4.66 2.08 13 5.32 2.38 14 5.94 2.66 15 6.48 2.90 16 6.91 3.09 17 7.28 3.25 18 7.64 3.42 19 8.02 3.59 20 8.36 3.74 21 8.60 3.84 22 8.74 3.91 23 8.82 3.94 24 8.82 3.94 25 8.76 3.92 26 8.66 3.87 27 8.58 3.84 28 8.52 3.81 29 8.46 3.78 30 8.38 3.75 31 8.31 3.71 32 8.21 3.67 33 8.11 3.63 34 8.00 3.58 35 7.94 3.55 36 7.94 3.55 37 7.80 3.49 38 7.43 3.32 39 6.79 3.04 40 5.81 2.60 41 4.65 2.08 42 3.03 1.35 43 1.88 0.84 44 1.15 0.51 45 1.14 0.51 46 1.12 0.50 47 1.11 0.50 48 1.19 0.53 49 1.57 0.70 50 2.31 1.03 51 3.37 1.51 52 4.51 2.02 53 5.56 2.49 54 6.41 2.87 55 7.09 3.17 56 7.59 3.39 57 7.99 3.57 58 8.32 3.72 59 8.64 3.86 60 8.91 3.98 61 9.13 4.08 62 9.29 4.15 63 9.40 4.20 64 9.39 4.20 65 9.20 4.11 66 8.84 3.95 67 8.35 3.73 68 7.81 3.49 69 7.22 3.23 70 6.65 2.97 71 6.13 2.74 72 5.75 2.57 73 5.61 2.51 74 5.65 2.53 75 5.80 2.59 76 5.95 2.66 77 6.09 2.72 78 6.21 2.78 79 6.31 2.82 80 6.34 2.83 81 6.47 2.89 82 6.65 2.97 83 6.88 3.08 84 7.04 3.15 85 7.05 3.15 86 7.01 3.13 87 6.90 3.08 88 6.88 3.08 89 6.89 3.08 90 6.96 3.11 91 7.04 3.15 92 7.17 3.21 93 7.29 3.26 94 7.39 3.30 95 7.48 3.34 96 7.57 3.38 97 7.61 3.40 98 7.59 3.39 99 7.53 3.37 100 7.46 3.33 101 7.40 3.31 102 7.39 3.30 103 7.38 3.30 104 7.37 3.29 105 7.37 3.29 106 7.39 3.30 107 7.42 3.32 108 7.43 3.32 109 7.40 3.31 110 7.39 3.30 111 7.42 3.32 112 7.50 3.35 113 7.57 3.38 114 7.60 3.40 115 7.60 3.40 116 7.61 3.40 117 7.64 3.42 118 7.68 3.43 119 7.74 3.46 120 7.82 3.50 121 7.90 3.53 122 7.96 3.56 123 7.99 3.57 124 8.02 3.59 125 8.01 3.58 126 7.87 3.52 127 7.59 3.39 128 7.20 3.22 129 6.52 2.91 130 5.53 2.47 131 4.36 1.95 132 3.30 1.48 133 2.50 1.12 134 1.94 0.87 135 1.56 0.70 136 0.95 0.42 137 0.42 0.19 138 0.00 0.00***** E.O. 12866 Review**
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745 of 971 139 0.00 0.00 140 0.00 0.00 141 0.00 0.00 142 0.00 0.00 143 0.00 0.00 144 0.00 0.00 145 0.00 0.00 146 0.00 0.00 147 0.00 0.00 148 0.00 0.00 149 0.00 0.00 150 0.00 0.00 151 0.00 0.00 152 0.00 0.00 153 0.00 0.00 154 0.00 0.00 155 0.00 0.00 156 0.00 0.00 157 0.00 0.00 158 0.00 0.00 159 0.00 0.00 160 0.00 0.00 161 0.00 0.00 162 0.00 0.00 163 0.00 0.00 164 0.00 0.00 165 0.00 0.00 166 0.00 0.00 167 0.00 0.00 168 0.00 0.00 169 0.00 0.00 170 0.00 0.00 171 0.00 0.00 172 1.11 0.50 173 2.65 1.18 174 4.45 1.99 175 5.68 2.54 176 6.75 3.02 177 7.59 3.39 178 7.75 3.46 179 7.63 3.41 180 7.67 3.43 181 8.70 3.89 182 10.20 4.56 183 11.92 5.33 184 12.84 5.74 185 13.27 5.93 186 13.38 5.98 187 13.61 6.08 188 14.15 6.33 189 14.84 6.63 190 16.49 7.37 191 18.33 8.19 192 20.36 9.10 193 21.47 9.60 194 22.35 9.99 195 22.96 10.26 196 23.46 10.49 197 23.92 10.69 198 24.42 10.92 199 24.99 11.17 200 25.91 11.58 201 26.26 11.74 202 26.38 11.79 203 26.26 11.74 204 26.49 11.84 205 26.76 11.96 206 27.07 12.10 207 26.64 11.91 208 25.99 11.62 209 24.77 11.07 210 24.04 10.75 211 23.39 10.46 212 22.73 10.16 213 22.16 9.91 214 21.66 9.68 215 21.39 9.56 216 21.43 9.58 217 20.67 9.24 218 17.98 8.04 219 13.15 5.88 220 7.71 3.45 221 3.30 1.48 222 0.88 0.39 223 0.00 0.00 224 0.00 0.00 225 0.00 0.00 226 0.00 0.00 227 0.00 0.00 228 0.00 0.00 229 0.00 0.00 230 0.00 0.00 231 0.00 0.00 232 0.00 0.00 233 0.00 0.00 234 0.00 0.00 235 0.00 0.00 236 0.00 0.00 237 0.00 0.00 238 0.00 0.00 239 0.00 0.00 240 0.00 0.00 241 0.00 0.00 242 0.00 0.00 243 0.00 0.00 244 0.00 0.00 245 0.00 0.00 246 0.00 0.00 247 0.00 0.00 248 0.00 0.00 249 0.00 0.00 250 0.00 0.00 251 0.00 0.00 252 0.00 0.00 253 0.00 0.00 254 0.00 0.00 255 0.00 0.00 256 0.00 0.00 257 0.00 0.00 258 0.00 0.00 259 0.50 0.22 260 1.57 0.70 261 3.07 1.37 262 4.57 2.04 263 5.65 2.53 264 6.95 3.11 265 8.05 3.60 266 9.13 4.08 267 10.05 4.49 268 11.62 5.19 269 12.92 5.78 270 13.84 6.19 271 14.38 6.43 272 15.64 6.99 273 17.14 7.66 274 18.21 8.14 275 18.90 8.45 276 19.44 8.69 277 20.09 8.98 278 21.89 9.79 279 24.15 10.80***** E.O. 12866 Review**
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746 of 971 280 26.26 11.74 281 26.95 12.05 282 27.03 12.08 283 27.30 12.20 284 28.10 12.56 285 29.44 13.16 286 30.78 13.76 287 32.09 14.35 288 33.24 14.86 289 34.46 15.40 290 35.42 15.83 291 35.88 16.04 292 36.03 16.11 293 35.84 16.02 294 35.65 15.94 295 35.31 15.78 296 35.19 15.73 297 35.12 15.70 298 35.12 15.70 299 35.04 15.66 300 35.08 15.68 301 35.04 15.66 302 35.34 15.80 303 35.50 15.87 304 35.77 15.99 305 35.81 16.01 306 35.92 16.06 307 36.23 16.20 308 36.42 16.28 309 36.65 16.38 310 36.26 16.21 311 36.07 16.12 312 35.84 16.02 313 35.96 16.08 314 36.00 16.09 315 35.57 15.90 316 35.00 15.65 317 34.08 15.24 318 33.39 14.93 319 32.20 14.39 320 30.32 13.55 321 28.48 12.73 322 26.95 12.05 323 26.18 11.70 324 25.38 11.35 325 24.77 11.07 326 23.46 10.49 327 22.39 10.01 328 20.97 9.37 329 20.09 8.98 330 18.90 8.45 331 18.17 8.12 332 16.48 7.37 333 15.07 6.74 334 12.23 5.47 335 10.08 4.51 336 7.71 3.45 337 7.32 3.27 338 8.63 3.86 339 10.77 4.81 340 12.65 5.66 341 13.88 6.20 342 15.03 6.72 343 15.64 6.99 344 16.99 7.60 345 17.98 8.04 346 19.13 8.55 347 18.67 8.35 348 18.25 8.16 349 18.17 8.12 350 18.40 8.23 351 19.63 8.78 352 20.32 9.08 353 21.43 9.58 354 21.47 9.60 355 21.97 9.82 356 22.27 9.96 357 22.69 10.14 358 23.15 10.35 359 23.69 10.59 360 23.96 10.71 361 24.27 10.85 362 24.34 10.88 363 24.50 10.95 364 24.42 10.92 365 24.38 10.90 366 24.31 10.87 367 24.23 10.83 368 24.69 11.04 369 25.11 11.23 370 25.53 11.41 371 25.38 11.35 372 24.58 10.99 373 23.77 10.63 374 23.54 10.52 375 23.50 10.51 376 24.15 10.80 377 24.30 10.86 378 24.15 10.80 379 23.19 10.37 380 22.50 10.06 381 21.93 9.80 382 21.85 9.77 383 21.55 9.63 384 21.89 9.79 385 21.97 9.82 386 21.97 9.82 387 22.01 9.84 388 21.85 9.77 389 21.62 9.67 390 21.62 9.67 391 22.01 9.84 392 22.81 10.20 393 23.54 10.52 394 24.38 10.90 395 24.80 11.09 396 24.61 11.00 397 23.12 10.34 398 21.62 9.67 399 19.90 8.90 400 18.86 8.43 401 17.79 7.95 402 17.25 7.71 403 16.91 7.56 404 16.75 7.49 405 16.75 7.49 406 16.87 7.54 407 16.37 7.32 408 16.37 7.32 409 16.49 7.37 410 17.21 7.69 411 17.41 7.78 412 17.37 7.77 413 16.87 7.54 414 16.72 7.47 415 16.22 7.25 416 15.76 7.05 417 14.72 6.58 418 13.69 6.12 419 12.00 5.36 420 10.43 4.66***** E.O. 12866 Review**
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747 of 971 421 8.71 3.89 422 7.44 3.33 423 5.71 2.55 424 4.22 1.89 425 2.30 1.03 426 1.00 0.45 427 0.00 0.00 428 0.61 0.27 429 1.19 0.53 430 1.61 0.72 431 1.53 0.68 432 2.34 1.05 433 4.29 1.92 434 7.25 3.24 435 10.20 4.56 436 12.46 5.57 437 14.53 6.50 438 16.22 7.25 439 17.87 7.99 440 19.74 8.82 441 21.01 9.39 442 22.23 9.94 443 22.62 10.11 444 23.61 10.55 445 24.88 11.12 446 26.15 11.69 447 26.99 12.07 448 27.56 12.32 449 28.18 12.60 450 28.94 12.94 451 29.83 13.34 452 30.78 13.76 453 31.82 14.22 454 32.78 14.65 455 33.24 14.86 456 33.47 14.96 457 33.31 14.89 458 33.08 14.79 459 32.78 14.65 460 32.39 14.48 461 32.13 14.36 462 31.82 14.22 463 31.55 14.10 464 31.25 13.97 465 30.94 13.83 466 30.71 13.73 467 30.56 13.66 468 30.79 13.76 469 31.13 13.92 470 31.55 14.10 471 31.51 14.09 472 31.47 14.07 473 31.44 14.05 474 31.51 14.09 475 31.59 14.12 476 31.67 14.16 477 32.01 14.31 478 32.63 14.59 479 33.39 14.93 480 34.31 15.34 481 34.81 15.56 482 34.20 15.29 483 32.39 14.48 484 30.29 13.54 485 28.56 12.77 486 26.45 11.82 487 24.79 11.08 488 23.12 10.34 489 20.73 9.27 490 18.33 8.19 491 15.72 7.03 492 13.11 5.86 493 10.47 4.68 494 7.82 3.50 495 5.70 2.55 496 3.57 1.60 497 0.92 0.41 498 0.00 0.00 499 0.00 0.00 500 0.00 0.00 501 0.00 0.00 502 0.00 0.00 503 0.00 0.00 504 0.00 0.00 505 0.00 0.00 506 0.00 0.00 507 0.00 0.00 508 0.00 0.00 509 0.00 0.00 510 0.00 0.00 511 0.00 0.00 512 0.00 0.00 513 0.00 0.00 514 0.00 0.00 515 0.00 0.00 516 0.00 0.00 517 0.00 0.00 518 0.00 0.00 519 0.00 0.00 520 0.00 0.00 521 0.00 0.00 522 0.50 0.22 523 1.50 0.67 524 3.00 1.34 525 4.50 2.01 526 5.80 2.59 527 6.52 2.91 528 6.75 3.02 529 6.44 2.88 530 6.17 2.76 531 6.33 2.83 532 6.71 3.00 533 7.40 3.31 534 7.67 3.43 535 7.33 3.28 536 6.71 3.00 537 6.41 2.87 538 6.60 2.95 539 6.56 2.93 540 5.94 2.66 541 5.45 2.44 542 5.87 2.62 543 6.71 3.00 544 7.56 3.38 545 7.59 3.39 546 7.63 3.41 547 7.67 3.43 548 7.67 3.43 549 7.48 3.34 550 7.29 3.26 551 7.29 3.26 552 7.40 3.31 553 7.48 3.34 554 7.52 3.36 555 7.52 3.36 556 7.48 3.34 557 7.44 3.33 558 7.28 3.25 559 7.21 3.22 560 7.09 3.17 561 7.06 3.16***** E.O. 12866 Review**
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748 of 971 562 7.29 3.26 563 7.75 3.46 564 8.55 3.82 565 9.09 4.06 566 10.04 4.49 567 11.12 4.97 568 12.46 5.57 569 13.00 5.81 570 14.26 6.37 571 15.37 6.87 572 17.02 7.61 573 18.17 8.12 574 19.21 8.59 575 20.17 9.02 576 20.66 9.24 577 21.12 9.44 578 21.43 9.58 579 22.66 10.13 580 23.92 10.69 581 25.42 11.36 582 25.53 11.41 583 26.68 11.93 584 28.14 12.58 585 30.06 13.44 586 30.94 13.83 587 31.63 14.14 588 32.36 14.47 589 33.24 14.86 590 33.66 15.05 591 34.12 15.25 592 35.92 16.06 593 37.72 16.86 594 39.26 17.55 595 39.45 17.64 596 39.83 17.81 597 40.18 17.96 598 40.48 18.10 599 40.75 18.22 600 41.02 18.34 601 41.36 18.49 602 41.79 18.68 603 42.40 18.95 604 42.82 19.14 605 43.05 19.25 606 43.09 19.26 607 43.24 19.33 608 43.59 19.49 609 44.01 19.67 610 44.35 19.83 611 44.55 19.92 612 44.82 20.04 613 45.05 20.14 614 45.31 20.26 615 45.58 20.38 616 46.00 20.56 617 46.31 20.70 618 46.54 20.81 619 46.61 20.84 620 46.92 20.98 621 47.19 21.10 622 47.46 21.22 623 47.54 21.25 624 47.54 21.25 625 47.54 21.25 626 47.50 21.23 627 47.50 21.23 628 47.50 21.23 629 47.31 21.15 630 47.04 21.03 631 46.77 20.91 632 45.54 20.36 633 43.24 19.33 634 41.52 18.56 635 39.79 17.79 636 38.07 17.02 637 36.34 16.25 638 34.04 15.22 639 32.45 14.51 640 30.86 13.80 641 28.83 12.89 642 26.45 11.82 643 24.27 10.85 644 22.04 9.85 645 19.82 8.86 646 17.04 7.62 647 14.26 6.37 648 11.52 5.15 649 8.78 3.93 650 7.17 3.21 651 5.56 2.49 652 3.72 1.66 653 3.38 1.51 654 3.11 1.39 655 2.58 1.15 656 1.66 0.74 657 0.67 0.30 658 0.00 0.00 659 0.00 0.00 660 0.00 0.00 661 0.00 0.00 662 0.00 0.00 663 0.00 0.00 664 0.00 0.00 665 0.00 0.00 666 0.00 0.00 667 0.00 0.00 668 0.00 0.00***** E.O. 12866 Review**
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749 of 971 Appendix II to part 1037

— Power Take - Off Test Cycle Cycle Simulation Mode Start Time of Mode Normalized Pressure, Circuit 1 (%) Normalized

Pressure, Circuit 2 (%) Utility 0 0 0.0 0.0 Utility 1 33 80.5 0.0 Utility 2 40 0.0 0.0 Utility 3 145 83.5 0.0 Utility 4 289 0.0 0.0 Refuse 5 361 0.0 13.0 Refuse 6 363 0.0 38.0 Refuse 7 373 0.0 53.0 Refuse 8 384 0.0 73.0 Refuse 9 388 0.0 0.0 Refuse 10 401 0.0 13.0 Refuse 11 403 0.0 38.0 Refuse 12 413 0.0 53.0 Refuse 13 424 0.0 73.0 Refuse 14 442 11.2 0.0 Refuse 15 468 29.3 0.0 Refuse 16 473 0.0 0.0 Refuse 17 486 11.2 0.0 Refuse 18 512 29.3 0.0 Refuse 19 517 0.0 0.0 Refuse 20 530 12.8 11.1 Refuse 21 532 12.8 38.2 Refuse 22 541 12.8 53.4 Refuse 23 550 12.8 73.5 Refuse 24 553 0.0 0.0 Refuse 25 566 12.8 11.1 Refuse 26 568 12.8 38.2 Refuse 27 577 12.8 53.4 Refuse 28 586 12.8 73.5 Refuse 29 589 0.0 0.0 Refuse 30 600 0.0 0.0***** E.O. 12866 Review**
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750 of 971 **Appendix III to part 1037 —** **Emission Control Identifiers** This appendix identifies abbreviations for emission control information labels, as required under §1037.135. Vehicle Speed Limiters

- VSL

– Vehicle speed limiter

- VSL S

– “Soft - top” vehicle speed limiter

- VSLE

– Expiring vehicle speed limiter

- VSLD

– Vehicle speed limiter with both “soft - top” and expiration Idle Reduction Technology

- IR T5

– Engine shutoff after 5 minutes or less of idling

- IR TE

– Expiring engine shutoff Tires

- LRRA

– Low rolling resistance tires (all)

- LRRD

– Low rolling resistance tires (drive)

- LRRS

– Low rolling resistance tires (steer) Aerod ynamic Components

- ATS

– Aerod yn amic side skirt and/or fuel tank fairing

- ARF

– Aerody

namic roof fairing

- ARFR

– Adjustable height aerodynamic roof fairing

- TGR

– Gap reducing fairing (tractor to trailer gap)***** E.O. 12866 Review**
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751 of 971 Other Components

- ADVH

– Vehicle includes advanced hy brid technology

components

- ADVO

– Vehicle includes other advanced technology components (i.e., non - hy brid sy stem)

- INV

– Vehicle includes innovative technology components **PART 1039 —**  **CONTROL OF EMISSIONS FROM NEW AND IN -**  **USE NONROAD COMPRESSION**  **- IGNITION ENGINES**  35. The authorit y citation for part 1039 continues to read as follows: Authority : 42 U.S.C. 7401 - 7671q. **Subpart F —**  **[Amended]** 36. Section 1039.510 is amended by revising paragraph (b) before the equation to read as follows: **§1039.510 Which duty cycles do I use for transient testing?**

* * * * * (b) The transient test sequence consists of an initial run through the transient duty cycle from a cold start, 20 minutes with no engine operation, then a final run through the same transient duty

cycle. Calculate the official transient emission result from the following equation: * * * * * **PA RT 1065**  **— ENGINE**  **- TESTING PROCEDURES**  37. The authorit y citation for part 1065 continues to read as follows: Authority : 42 U.S.C. 7401 - 7671q.***** E.O. 12866 Review**
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752 of 971 **Subpart A —**  **[Amended]** 38. Section 1065.1 is amended by adding paragraph (h) to read as follows: **§1065.1 Applicability.** * * * * * (h) 40 CFR part 1066 describes how to measure emissions from vehicles that are subject to standards in g/mile or g/kilometer. Those vehicle testing provisions extensively reference portions of this part 1065. See 40 CFR part 1066 and the standard - se tting part for additional information. 39. Section 1065.15 is amended by revising paragraph (e) to read as follows: **§1065.15 Overview of procedures for laboratory and field testing.** * * * * * (e) The following figure illustrates the allowed measurement confi gurations described in this part 1065:***** E.O. 12866 Review**
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753 of 971 Figure 1 of §1065.15

—Default test procedures and other specified procedures.

**Power Continuous**  **Fuel & BSFC**  **Torque & Speed**  **Total Emissions Batch** 

**Constant Dilution Ratio**  **Partial Flow Dilute** 

**Vary ing** 

**Dilution Ratio Full Flow**  **Brake -**  **specific Emissions for Transient Duty** 

**Cycle Testing**

**Emissions Rate Total Work** 

**Raw Gaseous** Default procedures Other specified procedures Alternate procedure approval required Alternate procedure approval required for PM **Power Continuous**  **Fuel & BSFC**  **Torque & Speed**  **Total Emissions Batch** 

**Constant Dilution Ratio**  **Partial Flow Dilute** 

**Varying**

**Dilution Ratio Full Flow**  **Brake -**  **specific Emissions for Transient Duty** 

**Cycle Testing**

**Emissions Rate Total Work** 

**Raw Gaseous** Default procedures Other specified procedures Alternate procedure approval required for PM **Power Continuous**  **Fuel & BSFC**  **Torque & Speed**  **Total Emissions Batch** 

**Constant Dilution Ratio**  **Partial Flow Dilute** 

**Vary ing** 

**Dilution Ratio Full Flow**  **Brake -**  **specific Emissions for Transient Duty** 

**Cycle Testing**

**Emissions Rate Total Work** 

**Raw Gaseous** Default procedures Other specified procedures Alternate procedure approval required Alternate procedure approval required for PM **Power Continuous**  **Fuel & BSFC**  **Torque & Speed**  **Total Emissions Batch** 

**Constant Dilution Ratio**  **Partial Flow Dilute** 

**Varying**

**Dilution Ratio Full Flow**  **Brake -**  **specific Emissions for Transient Duty** 

**Cycle Testing**

**Emissions Rate Total Work** 

**Raw Gaseous** Default procedures Other specified procedures Alternate procedure approval required for PM

**Power Continuous**  **Raw Gaseous Fuel**  **& BSFC Torque**  **& Speed Total Emissions**  **Batch**

**Constant Dilution Ratio**  **Partial Flow Dilute** 

**Vary ing** 

**Dilution Ratio Full Flow**  **Brake -**  **specific Emissions for Steady**  **- state Duty** 

**Cycle Testing**

**Emissions Rate Total Work** 

Default procedures Other specified procedures Alternate procedure approval required **Power Continuous**  **Raw Gaseous Fuel**  **& BSFC Torque**  **& Speed Total Emissions**  **Batch**

**Constant Dilution Ratio**  **Partial Flow Dilute** 

**Vary ing** 

**Dilution Ratio Full Flow**  **Brake -**  **specific Emissions for Steady**  **- state Duty** 

**Cycle Testing**

**Emissions Rate Total Work** 

Default procedures Other specified procedures **Power Continuous**  **Raw Gaseous Fuel**  **& BSFC Torque**  **& Speed Total Emissions**  **Batch**

**Constant Dilution Ratio**  **Partial Flow Dilute** 

**Vary ing** 

**Dilution Ratio Full Flow**  **Brake -**  **specific Emissions for Steady**  **- state Duty** 

**Cycle Testing**

**Emissions Rate Total Work** 

Default procedures Other specified procedures Alternate procedure approval required **Power Continuous**  **Raw Gaseous Fuel**  **& BSFC Torque**  **& Speed Total Emissions**  **Batch**

**Constant Dilution Ratio**  **Partial Flow Dilute** 

**Vary ing** 

**Dilution Ratio Full Flow**  **Brake -**  **specific Emissions for Steady**  **- state Duty** 

**Cycle Testing**

**Emissions Rate Total Work** 

Default procedures Other specified procedures

**Pow er**  **Continuous Fuel**  **& BSFC Torque**  **& Speed Total Emissions**  **Batch**

**Constant Dilution Ratio**  **Partial Flow Dilute** 

**Varying Di**  **lution Ratio Full Flow**  **Br ake**  **- specific Emissions for**  **Field Testing**

**Emissions Rate Total Work** 

**Raw Gaseous** Default procedures Other specified procedures Alternate procedure approval required **Power Continuous**  **Fuel & BSFC**  **Torque & Speed**  **Total Emissions Batch** 

**Constant Dilution Ratio**  **Partial Flow Dilute** 

**Vary ing**  **Dilution Ratio Full Flow**  **Br ake**  **- specific Emissions for**  **Field Testing**

**Emissions Rate Total Work** 

**Raw Gaseous**  Default procedures Other specified procedures **Pow er**  **Continuous Fuel**  **& BSFC Torque**  **& Speed Total Emissions**  **Batch**

**Constant Dilution Ratio**  **Partial Flow Dilute** 

**Varying Di**  **lution Ratio Full Flow**  **Br ake**  **- specific Emissions for**  **Field Testing**

**Emissions Rate Total Work** 

**Raw Gaseous** Default procedures Other specified procedures Alternate procedure approval required **Power Continuous**  **Fuel & BSFC**  **Torque & Speed**  **Total Emissions Batch** 

**Constant Dilution Ratio**  **Partial Flow Dilute** 

**Vary ing**  **Dilution Ratio Full Flow**  **Br ake**  **- specific Emissions for**  **Field Testing**

**Emissions Rate Total Work** 

**Raw Gaseous**  Default procedures Other specified procedures***** E.O. 12866 Review**
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754 of 971 38. Section 1065.20 is amended by revising paragraphs (a) introductory text, (a)(1), and (e) to read as follows: **§1065.20 Units of measure and overview of calculations.**  (a) Sy stem of units . The procedures in this part generall y follow the International Sy stem of Units (SI), as detailed in NI ST Special Publication 811, “Guide for the Use of the International S ys tem of Units (SI ),” which we i ncorporate b y reference in §1065.1010. The following exceptions apply : (1) We designate angular speed, f n , of an engine’s crankshaft in revolutions per minute (r/min), rather than the SI unit of radians per second (rad/s). This is based on the commonplace use of r/min in many engine dy

namometer laboratories. * * * * * (e) Rounding . You are required to round certain final values, such as final emission values. You may

round intermediate values when transferring data as long as you maintain at least six significant digits (which requires more than six decimal places for values less than 0.1), or all significant digits if fewer than six digits are available. Unless the standard - setting part specifies otherwise, do not round other intermediate values. Round values to the number of significant digits necessary to match the number of decimal places of the applicable standard or specification as described in this paragraph (e). Note that specifications expressed as percentages have infinite precision (as described in paragraph (e)(7) of this section). Use the following rounding convention, which is consistent with ASTM E29 and NI ST SP 811 ( incorporated b y reference in §1065.1010) : (1) If the first (left - most) digit to be removed is less than five, remove all the appropriate digits without changing the digits that remain. For example, 3.141593 rounded to the second decimal place is 3.14. (2) If the first digit to be removed is greater than five, remove all the appropriate digits and increase the lowest - value remaining digit by one. For example, 3.141593 rounded to the fourth decimal p lace is 3.1416. (3) If the first digit to be removed is five with at least one additional non - zero digit following the five, remove all the appropriate digits and increase the lowest - value remaining digit b y one. For example, 3.141593 rounded to the third decimal place is 3.142. (4) If the first digit to be removed is five with no additional non - zero digits following the five, remove all the appropriate digits, increase the lowest - value remaining digit by one if it is odd and leave it unchanged if it is ev en. For example, 1.75 and 1.750 rounded to the first decimal place are 1.8; while 1.85 and 1.850 rounded to the first decimal place are***** E.O. 12866 Review**
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755 of 971 also 1.8. Note that this rounding procedure will alway s result in an even number for the lowest - value digit. (5) This paragraph (e)(5) applies if the regulation specifies rounding to an increment other than decimal places or powers of ten (to the nearest 0.01, 0.1, 1, 10, 100, etc.). To round numbers for these special cases, divide the quantity by the specified rounding increment. Round the result to the nearest whole number as described in paragraphs (e)(1) through (4) of this section. Multiply the rounded number by

the specified rounding increment. This value is the desired result. For example, to round 0.90 to the nearest 0.2, divide 0.90 by

0.2 to get a result of 4.5, which rounds to 4. Multiplying 4 by 0.2 gives 0.8, which is the result of rounding 0.90 to the nearest 0.2. (6) The following tables further illustrate the rounding procedures specified in this paragraph (e): Quantity Rounding Increment

10 1 0.1 0.01 3.141593 0 3 3.1 3.14 123,456.789 123,460 123,457 123,456.8 123,456.79 5.500 10 6 5.5 5.50 4.500 0 4 4.5 4.50 Quantity Rounding Increment

25 3 0.5 0.02 229.267 225 228 229.5 229.26 62.500 50 63 62.5 62.50 87.500 100 87 87.5 87.50 7.500 0 6 7.5 7.50 (7) This paragraph (e)( 7) applies where we specify a limit or tolerance as some percentage of another value (such as ±2 % of a maximum concentration). You may show compliance with such specifications either b y applying the percentage to the total value to calculate an absolute limit, or by converting the absolute value to a percentage by dividing it by

the total value. (i) Do not round either value (the absolute limit or the calculated percentage), except as specified in paragraph (e)(7)(ii) of this section. For example, ass ume we specify that an anal yz er must have a repeatability of ±1 % of the maximum concentration or better, the maximum concentration is 1059 ppm, and you determine repeatability to be ±6.3 ppm. In this example, you could calculate an absolute limit of ±10. 59 ppm (1059 ppm × 0.01) or calculate that the 6.3 ppm repeatability is equivalent to a repeatability of 0.5949008498584 %. (ii) Prior to July

1, 2013, you may

treat tolerances (and equivalent specifications) specified in percentages as having fixed rather than infinite precision. For example, 2 % would be equivalent to 1.51 % to 2.50 % and 2.0 % would be equivalent to 1.951 % to***** E.O. 12866 Review**
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756 of 971 2.050 %. Note that this allowance applies whether or not the percentage is explicitly specified as a percentage of another valu e. (8) You may

use measurement devices that incorporate internal rounding, consistent with the provisions of this paragraph (e)(8). You may use devices that use any

rounding convention if they

report six or more significant digits. You may use devices th at report fewer than six digits, consistent with good engineering judgment and the accuracy, repeatability , and noise specifications of this part. Note that this provision does not necessarily

require you to perform engineering analy sis or keep records. * * * * * **Subpart B —**  **[Amended]** 39. Section 1065.125 is amended by revising paragraph (e)(1) introductory text to read as follows: **§1065.125 Engine intake air.** * * * * * (e) * * * (1) Use a charge - air cooling s ys tem with a total intake - air capacit y that represents production engines’ in - use installation. Design any laboratory

charge - air cooling s ys tem to minimize accumulation of condensate. Drain any accumulated condensate. Befor e starting a dut y cycle (or preconditioning for a duty cycle), completel y close all drains that would normally

be closed during in - use operation. Keep those drains closed during the emission test . Maintain coolant conditions as follows: * * * * * 40. Section 1065.140 is amended by revising paragraphs (c)(6)(ii)(C) and (D) to read as follows: **§1065.140 Dilution for gaseous and PM constituents.** * * * * * (c) * * * (6) * * * (ii) * * * (C) Identify

the maximum potential mole fraction of dilute exhaust lost on a continuous basis during the entire test interval. This value must be less than or equal to 0.02. Calculate on a continuous basis the mole fraction of water that would be in equilibrium with liquid water at the measured minimum surface temperature. Subtract this mole fraction from the mole fraction of water that would be in the exhaust without condensation (either measured or from the chemical balance), and set any negative values***** E.O. 12866 Review**
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757 of 971 to zero. This difference is the potential mole fraction of the dilute exha ust that would be lost due to water condensation on a continuous basis. (D) Integrate the product of the molar flow rate of the dilute exhaust and the potential mole fraction of dilute exhaust lost, and divide by the totalized dilute exhaust molar flow over the test interval. This is the potential mole fraction of the dilute exhaust that would be lost due to water condensation over the entire test interval. Note that this assumes no re - evaporation. This value must be less than or equal to 0.005. * * * * * 41. Section 1065.170 is amended by revising paragraph (c)(1)(vi) to read as follows: **§1065.170 Batch sampling for gaseous and PM constituents.** * * * * * (c) * * * (1) * * * (vi) Maintain a filter face velocity near 100 cm/s with less than 5% of the record ed flow values exceeding 100 cm/s, unless you expect the net PM mass on the filter to exceed 400 μg, assuming a 38 mm diameter filter stain area. Measure face velocity as the volumetric flow rate of the sample at the pressure upstream of the filter and te mperature of the filter face as measured in §1065.140(e), divided b y the filter's exposed area. You may use the exhaust stack or CVS tunnel pressure for the upstream pressure if the pressure drop through the PM sampler up to the filter is less than 2 kPa. * * * * * 42. Section 1065.190 is amended by revising Table 1 to read as follows: **§1065.190 PM -**  **stabilization and weighing environments for gravimetric analysis.** * * * * * (d) * * * Table 1 of §1065.190

—Dewpoint tolerance

as a function of % PM change and % sulfuric acid PM Expected sulfuric acid fraction of PM ±0.5 % PM

mass change ±1 % PM

mass change ±2 % PM

mass change 5 % ±3  C ±6  C ±12  C 50 % ±0.3  C ±0.6  C ±1.2  C 100 % ±0.15  C ±0.3  C ±0.6  C * * * * * **Subpart C —**  **[Amended]******* E.O. 12866 Review**
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758 of 971 43. Section 1065.205 is amended by revising Table 1 to read as follows: **§1065.205 Performance specifications for measurement instruments.** Your test sy stem as a whole must meet all the applicable calibrations, verifications, and test - validation criteria specified in subparts D and F of this part or subpart J of this part for using PEMS and for performing field testing. We recommend that your instruments meet the specifications in Table 1 of this section for all ranges you use for testing. We also recommend that you keep an y docume ntation you receive from instrument manufacturers showing that your instruments meet the specifications in Table 1 of this section.***** E.O. 12866 Review**
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759 of 971 Table 1 of §1065.205

–Recommended performance specifications for measurement instruments

Measurement Instrument Me asured quantity symbol Complete System

Rise time ( t 10 - 90 ) and Fall time ( t90 - 10 ) a Recording update frequency Accuracy b Repeatability b Noise b

Engine speed transducer f n 1 s 1 Hz means 2 % of pt. or 0.5 % of max. 1 % of pt. or 0.25 % of max. 0.05 % of max

Engine torque transducer T 1 s 1 Hz means 2 % of pt. or 1 % of max. 1 % of pt. or 0.5 % of max 0.05 % of max. Electrical work (active - power meter) W 1 s 1 Hz means 2 % of pt. or 0.5 % of max. 1 % of pt. or 0.25 % of max. 0.05 % of max General pressure transducer (not a part of another instrument) p 5 s 1 Hz 2 % of pt. or 1.0 % of max. 1 % of pt. or 0.5 % of max. 0.1 % of max

Atmospheric pressure meter used for PM - stabilization and balance environments p atmos 50 s 5 times per hour 50 Pa 25 Pa 5 Pa General purpose atmospheric pressure meter p atmos 50 s 5 times per hour 250 Pa 100Pa 50 Pa Temperature sensor for PM stabilization and balance environments T 50 s 0.1 Hz 0.25 K 0.1 K 0.1 K***** E.O. 12866 Review**
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760 of 971 Other temperature sensor (not a part of another instrument) T 10 s 0.5 Hz 0.4 % of pt. K or 0.2 % of max. K 0.2 % of pt. K or 0.1 % of max. K 0.1 % of max Dewpoint sensor for intake air, PM - stabilization and balance environments T dew 50 s 0.1 Hz 0.25 K 0.1 K 0.02 K Other dewpoint sensor T dew 50 s 0.1 Hz 1 K 0.5 K 0.1 K Fuel flow meter c (Fuel totalizer) m  5 s

(N/A) 1 Hz (N/A) 2 % of pt. or

1.5 % of max. 1 % of pt. or 0.75 % of max. 0.5 % of max. Total diluted exhaust meter (CVS) c (With heat exchanger before meter) n  1 s

(5 s) 1 Hz means (1 Hz) 2 % of pt. or

1.5 % of max. 1 % of pt. or 0.75 % of max. 1 % of max. Dilution air, inlet air, exhaust, and sample flow meters c n  1 s 1 Hz means of 5 Hz samples 2.5 % of pt. or

1.5 % of max. 1.25 % of pt. or 0.75 % of max. 1 % of max.

Continuous gas analyzer x 5 s 1 Hz 2 % of pt. or 2 % of meas. 1 % of pt. or 1 % of meas. 1 % of max.

Batch gas analyzer x N/A N/A 2 % of pt. or 2 % of meas. 1 % of pt. or 1 % of meas. 1 % of max.

Gravimetric PM balance m PM N/A N/A See §1065.790 0.5  g N/A Inertial PM balance m PM 5 s 1 Hz 2 % of pt. or 1 % of pt. or 0.2 % of max.***** E.O. 12866 Review**
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761 of 971 2 % of meas. 1 % of meas.

a The performance specifications identified in the table apply separately for rise time and fall time. b Accuracy, repeatability, and noise are all determined with the same collected data, as described in §1065.305, and based on a bsolute values. “pt.” refers to the overall flow weighted mean value expected at the standard; “max.” refers to the peak value ex pected at the standard over any test interval, not the maximum of the instrument’s range; “meas” refers to the actual flow - weighted mean measured over any test interval.

c The procedure for accuracy, repeatability and noise measurement described in §1065.3 05 may be modified for flow meters to allow noise to be measured at the lowest calibrated value instead of zero flow rate.***** E.O. 12866 Review**
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762 of 971 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. 39. 40. 41. 42. 43. 44. Section 1065.220 is amended by revising paragraph (a) and adding a new paragraph (a)(1)(iii) to read as follows: **§1065.220 Fuel flow meter.** * * * * ****** E.O. 12866 Review**
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763 of 971 (a) Application . You may use fuel flow in combination with a chemical balance of fuel, inlet air, and raw exhaus t to calculate raw exhaust flow as described in §1065.655(e), as follows: (1) * * * (i) * * * (ii) * * * (iii) For calculating the dilution air flow for background correction as described in §1065.667. * * * * * 45. Section 1065.225 is amended by revising paragraph (a) and adding new paragraphs (a)(1)(iii) and (a)(1)(iv) to read as follows: **§1065.225 Intake -**  **air flow meter.** * * * * * (a) Application . You may use an intake - air flow meter in combination with a chemical balance of fuel, inlet air, and raw exh aust to calculate raw exhaust flow as described in §1065.655(e) and (f), as follows: (1) * * * (i) * * * (ii) * * * (iii) For validating minimum dilution ratio for PM batch sampling as described in §1065.546. (iv) For calculating the dilution air flow f or background correction as described in §1065.667. * * * * * 46. Section 1065.250 is amended by revising the introductory heading and paragraphs (a) and (b) to read as follows: **§1065.250 Nondispersive infrared analyzer.******* E.O. 12866 Review**
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764 of 971 (a) Application . Use a nondispersive infrared (NDIR) anal yz er to measure CO and CO 2 concentrations in raw or diluted exhaust for either batch or continuous sampling. (b) Component requirements . We recommend that you use an NDIR anal yzer that meets the specifications in Table 1 of §1065.205. Note that your NDIR - based s ys tem must meet the calibration and verifications in §1065.350 and §1065.355 and it must also meet the linearity

verification in §1065.307. You may use an NDIR anal yz er that has compensation algorithms that are functions of oth er gaseous measurements and the engine’s known or assumed fuel properties. The target value for an y compensation algorithm is 0 % (that is, no bias high and no bias low), regardless of the uncompensated signal’s bias. * * * * * 47. Section 1065.260 is amende d by revising paragraphs (a), (b), (c), and (e) and adding paragraph (f) to read as follows: **§1065.260 Flame -**  **ionization detector.** * * * * * (a) Application . Use a flame - ionization detector (FID) anal yz er to measure hydrocarbon concentrations in raw or dil uted exhaust for either batch or continuous sampling. Determine h ydrocarbon concentrations on a carbon number basis of one, C 1 . For measuring THC or THCE you must use a FID analyzer. For measuring CH 4 you must meet the requirements of paragraph (f) of this section. See subpart I of this part for special provisions that apply to measuring h ydrocarbons when testing with ox ygen ated fuels. (b) Component requirements . We recommend that you use a FID anal yz er that meets the specifications in Table 1 of §1065 .205. Note that your FID - based s ys tem for measuring THC, THCE, or CH 4 must meet all the verifications for h ydrocarbon measurement in subpart D of this part, and it must also meet the linearity verification in §1065.307. You may use a FID anal yz er that ha s compensation algorithms that are functions of other gaseous measurements and the engine’s known or assumed fuel properties. The target value for an y compensation algorithm is 0 % (that is, no bias high and no bias low), regardless of the uncompensated s ignal’s bias. (c) Heated FID anal yz ers . For measuring THC or THCE from compression - ignition engines, two - stroke spark - ignition engines, and four - stroke spark - ignition engines below 19 kW, you must use heated FID anal yz ers that maintain all surfaces that are exposed to emissions at a temperature of (191 ±11) °C. (d) * * ****** E.O. 12866 Review**
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765 of 971 (e) NMHC . For demonstrating compliance with NMHC standards, you may either measure THC and CH 4 and determine NMHC as described in §1065.660(b)(2) or (3), or yo u may measure THC and deter

mine NMHC as described in §1065.660(b)(1). (f) CH 4 . For reporting CH 4 or for demonstrating compliance with CH 4 standards, you may use a FID anal yz er with a nonmethane cutter as described in §1065.265 or you may use a GC - FID as described in §1065.267. Determine CH 4 as described in §1065.660(c). 48. Section 1065.265 is amended by revising paragraph (b) to read as foll ows: **§1065.265 Nonmethane cutter.** * * * * * (b) Sy stem performance . Determine nonmethane - cutter performance as described in §1065.365 and use the results to calculate CH 4 or NMHC emissions in §1065.660. * * * * * 49. Section 1065.267 is amended by revising paragraphs (a) and (b) to read as follows: **§1065.267 Gas chromatograph with a flame ionization detector.** * * * * * (a) Application . You may use a gas chromatograph with a flame ionization detector (GC FID)to measure CH 4 concentrations of diluted exhaust for batch sampling. While you may also use a nonmethane cutter to measure CH 4 , as described in §1065.265, use a reference procedure based on a gas chromatograph for comparison with any proposed alternate measurement proc edure under §1065.10. (b) Component requirements . We recommend that you use a GC - FI D that meets the specifications in Table 1 of §1065.205, and it must also meet the linearity verification in §1065.307. 50. Section 1065.267 is amended by revising paragraphs (a) and (b) to read as follows: **§1065. 270 Chemiluminescent detector**  **.** * * * * * (b) Component requirements . We recommend that you use a CLD that meets the specifications in Table 1 of §1065.205. Note that your CLD - based s ys tem must meet the quench verific ation in §1065.370 and it must also meet the linearit y verification in***** E.O. 12866 Review**
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766 of 971 §1065.307. You may

use a heated or unheated CLD, and you may use a CLD that operates at atmospheric pressure or under a vacuum. You may use a CLD that has compensation algorithms that are functions of other gaseous measurements and the engine’s known or assumed fuel properties. The target value for an y compensation algorithm is 0 % (that is, no bias high and no bias low), regardless of the uncompensated signal’s bias. * * * * * 51. Sectio n 1065.272 is amended by revising paragraph (b) to read as follows: **§1065.272 N 2**  **O measurement devices.** * * * * * (b) Component requirements . We recommend that you use an NDUV analyzer that meets the specifications in Table 1 of §1065.205. Note that your NDUV - based sy stem must meet the verifications in §1065.372 and it must also meet the linearity verification in §1065.307. You may

use a NDUV anal yz er that has compensation algorithms that are functions of other gaseous measurements and the engine’s known or assumed fuel properties. The target value for an y compensation algorithm is 0 % (that is, no bias high and no bias low), regardless of the uncompensated signal’s bias. * * * * * 52. Section 1065.275 is amended by revising paragraphs (b)(1), (b)(2), (b)(3), (b)(4), and (c) and adding a new paragraphs (b)(5) and (b)(6) to read as follows: **§1065.275 N 2**  **O measurement devices.** * * * * * (b) * * * (1) Nondispersive infrared (NDIR) anal yz er . You may use an NDIR anal yz er that has compensation algorithms that are functions of other gaseous measurements and the engine’s known or assumed fuel properties. The target value for an y compensation algorithm is 0 % (that is, no bias high and no bias low), regardless of the uncompensated signal’s bias. (2) Fourier transform infrared (FTIR) anal yz er . You may use an FTIR anal yzer that has compensation algorithms that are functions of other gaseous measurements and the engine’s known or assumed fuel properties. The target value for an y compensation algorithm is 0 % (that is, no bias high and no bias low), regardless of the uncompensated signal’s bias. Use appropriate anal yt ical procedures for interpretation of infrared spectra.***** E.O. 12866 Review**
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767 of 971 For example, EPA Test Method 320 is considered a valid method for spectral interpretation (see http:/

/www.epa.gov/ttn/emc/methods/method320.html). (3 ) Laser infrared anal yz er . You may use a laser infrared anal yz er that has compensation algorithms that are functions of other gaseous measurements and the engine’s known or assumed fuel properties. The target value for any compensation algorithm is 0 % (that is, no bias high and no bias low), regardless of the uncompensated signal’s bias. Examples of laser infrared anal yz ers are pulsed - mode high - resolution narrow band mid - infrared anal yz ers, and modulated continuous wave high - resolution narrow band mid - infrared anal yz ers. (4) Photoacoustic anal yz er . You may use a photoacoustic anal yz er that has compensation algorithms that are functions of other gaseous measurements. The target value for any compensation algo rithm is 0 % (that is, no bias high and no bias low), regardless of the uncompensated signal’s bias. Use an optical wheel configuration that gives analy tical priority to measurement of the least stable components in the sample. Select a sample integratio n time of at least 5 seconds. Take into account sample chamber and sample line volumes when determining flush times for your instrument. (5) Gas chromatograph analyzer . You may use a gas chromatograph with an electron capture detector (GC - ECD) to measure N 2 O concentrations of diluted exhaust for batch sampling. (i)You may

use a packed or porous lay er open tubular (PLOT) column phase of suitable polarity and length to achieve adequate resolution of the N 2 O peak for analysis. Examples of acceptable columns are a PLOT column consisting of bonded poly st yrene divinylbenzene or a Porapack Q packed column. Take the column temperature profile and carrier gas selection into consideration when setting up your method to achieve adequate N 2 O peak resolution. (ii) Use good engineering judgment to zero your instrument and correct for drift. You do not need to follow the specific procedures in §1065.530 and §1065.550(b) that would otherwise appl y. For example, you may perform a span gas measurement before and after sample anal ys is without zeroing and use the average area counts of the pre - span and post - span measurements to generate a response factor (area counts/span gas concentration), which yo u then multiply by the area counts from your sample to generate the sampl e concentration. (c) Interference verification . Perform interference verification for NDIR, FTIR, laser infrared anal yz ers, and photoacoustic anal yz ers using the procedures of §1065.375. Interference verification is not required for GC - ECD. Certain inter ference gases can positively interfere with NDIR, FTIR, and photoacoustic anal yz ers b y causing a response similar to N 2 O. When running the interference verification for these anal yzers, use interference gases as follows: (1) The interference gases for N DI R anal yz ers are CO, CO 2 , H 2 O, CH 4 , and SO 2 . Note that interference species, with the exception of H 2 O, are dependent on the N 2 O infrared***** E.O. 12866 Review**
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768 of 971 absorption band chosen by the instrument manufacturer. For each analyzer determine the N 2 O infrared absorption band . For each N 2 O infrared absorption band, use good engineering judgment to determine which interference gases to use in the verification. (2) Use good engineering judgment to determine interference gases for FTIR, and laser infrared anal yz ers. Note that i nterference species, with the exception of H 2 O, are dependent on the N 2 O infrared absorption band chosen by the instrument manufacturer. For each anal yz er determine the N 2 O infrared absorption band. For each N 2 O infrared absorption band, use good enginee ring judgment to determine interference gases to use in the verification. (3) The interference gases for photoacoustic anal yzers are CO, CO 2 , and H 2 O. * * * * * 53. Section 1065.280 is amended by revising paragraph (b) to read as follows: **§1065.280 Pa**  **ramagne tic and magnetopneumatic O**  **2 detection analyzers**  **.** * * * * * (b) Component requirements . We recommend that you use a PMD or MPD anal yz er that meets the specifications in Table 1 of §1065.205. Note that it must meet the linearity verification in §1065.307. You may use a PMD or MPD that has compensation algorithms that are functions of other gaseous measurements and the engine’s known or assumed fuel properties. The target value for an y compensation algorithm is 0 % (that is, no bias high and no bias low), r egardless of the uncompensated signal’s bias. ***** ***** ***** ***** ***** 54. Section 1065.284 is amended by revising paragraph (b) to read as follows: **§1065. 284 Zirconia (ZrO**  **2 ) analyzer**  **.** * * * * * (b) Component requirements . We recommend that you use a ZrO 2 anal yz er that meets the specifications in Table 1 of §1065.205. Note that your ZrO 2 - based s ys tem must meet the linearity

verification in §1065.307. You may use a Zirconia anal yz er that has compensation algorithms that are functions of other gaseous measurements and the engine’s known or assumed fuel properties. The target value for an y compensation algorithm is 0 % (that is, no bias high and no bias low), regardless of the uncompensated signal’s bias.***** E.O. 12866 Review**
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769 of 971 * * * * * 55. Section 1065.290 is amended by revisin g paragraph (b) to read as follows: **§1065. 295 PM inertial balance for field**  **- testing analysis**  **.** * * * * * (b) Component requirements . We recommend that you use a balance that meets the specifications in Table 1 of §1065.205. Note that your balance - based s y stem must meet the linearity

verification in §1065.307. If the balance uses an internal calibration process for routine spanning and linearity verifications, the process must be NI ST - traceable. You may use an inertial PM balance that has compensation alg orithms that are functions of other gaseous measurements and the engine’s known or assumed fuel properties. The target value for an y compensation algorithm is 0 % (that is, no bias high and no bias low), regardless of the uncompensated signal’s bias. ***** ***** ***** ***** ***** **Subpart D —**  **[Amended]** 56. Section 1065.303 is amended by revising Table 1 of 1065.303 to read as follows: **§1065. 303 Summary of required calibration and verifications**  **.** The following table summarizes the required and recommended calibrations and verification s described in this subpart and indicates when these have to be performed: Table 1 of §1065.303

– Summary of required calibration and verifications. Type of calibration or verification Minimum frequencya

§1065.305: Accuracy, repeatability and noise Accuracy: Not required, but recommended for initial installation. Repeatability: Not required, but recommended for initial installation. Noise: Not required, but recommended for initial installation. §1065.307: Linearity verification Speed: Upon initial installation, within 370 days before testing and after major maintenance. Torque: Upon initial installation, within 370 days before testing***** E.O. 12866 Review**
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770 of 971 and after major maintenance. Electrical power: Upon initial installation, within 370 days before testing and after ma

jor maintenance. Fuel flow rate: Upon initial installation, within 370 days before testing, and after major maintenance. Intake - air, dilution air, diluted exhaust, and batch sampler flow rates: Upon initial installation, within 370 days before testing and after major maintenance, unless flow is verified by propane check or by carbon or oxygen balance. Raw exhaust flow rate: Upon initial installation, within 185 days before testing and after major maintenance, unless flow is verified by propane check or by carbon or oxygen balance. Gas dividers: Upon initial installation, within 370 days before testing, and after major maintenance. Gas analyzers (unless otherwise noted): Upon initial installation, within 35 days before testing and after major maintenance. FT IR and photoacoustic analyzers: Upon initial installation, within 370 days before testing and after major maintenance. GC - ECD: Upon initial installation and after major maintenance. PM balance: Upon initial installation, within 370 days before testing and after major maintenance. Pressure, temperature, and dewpoint: Upon initial installation, within 370 days before testing and after major maintenance. §1065.308: Continuous gas analyzer system response and updating - recording verification

— for gas analyzers n ot continuously compensated for other gas species Upon initial installation or after system modification that would affect response. §1065.309: Continuous gas analyzer system response and updating - recording verification

— for gas analyzers continuously comp ensated for other gas species Upon initial installation or after system modification that would affect response. §1065.310: Torque Upon initial installation and after major maintenance. §1065.315: Pressure, temperature, dewpoint Upon initial installation and after major maintenance. §1065.320: Fuel flow Upon initial installation and after major maintenance. §1065.325: Intake flow Upon initial installation and after major maintenance.***** E.O. 12866 Review**
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771 of 971 §1065.330: Exhaust flow Upon initial installation and after major mai ntenance. §1065.340: Diluted exhaust flow (CVS) Upon initial installation and after major maintenance. §1065.341: CVS and batch sampler verificationb Upon initial installation, within 35 days before testing, and after major maintenance.

§ 1065.342 Sample dryer verification For thermal chillers: upon installation and after major maintenance. For osmotic membranes; upon installation, within 35 days of testing, and after major maintenance.

§1065.345: Vacuum leak For laboratory testing: upon initial installation of the sampling sy stem, within 8 hours before the start of the first test interval of each duty - cycle sequence, and after maintenance such as pre - filter changes. For field testing: after each installation of the sampling system on the vehicle, prior to the start of the field test, and after maintenance such as pre - filter changes. §1065.350: CO 2 NDIR H 2 O interference Upon initial installation and after major maintenance. §1065.355: CO NDIR CO 2 and H 2 O interference Upon initial installation and after m ajor maintenance.

§1065.360: FID calibration THC FID optimization, and THC FID verification. Calibrate all FID analyzers: upon initial installation and after major maintenance. Optimize and determine CH 4 response for THC FID analyzers: upon initial installation and after major maintenance. Verify CH 4 response for THC FID analyzers: upon initial installation, within 185 days before testing, and after major maintenance.

§1065.362: Raw exhaust FID O 2 interference For all FID analyzers: upon initial ins tallation, and after major maintenance. For THC FID analyzers: upon initial installation, after major maintenance, and after FID optimization according to §1065.360. §1065.365: Nonmethane cutter penetration Upon initial installation, within 185 days befor e testing, and after major maintenance.***** E.O. 12866 Review**
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772 of 971 §1065.370: CLD CO 2 and H 2 O quench Upon initial installation and after major maintenance. §1065.372: NDUV HC and H 2 O interference Upon initial installation and after major maintenance. §1065.375: N 2 O analyzer inter ference Upon initial installation and after major maintenance. §1065.376: Chiller NO 2 penetration Upon initial installation and after major maintenance. §1065.378: NO 2 - to - NO converter conversion Upon initial installation, within 35 days before testing, and after major maintenance.
§1065.390: PM balance and weighing Independent verification: upon initial installation, within 370 days before testing, and after major maintenance. Zero, span, and reference sample verifications: within 12 hours of weighing, and after major maintenance.
§1065.395: Inertial PM balance and weighing Independent verification: upon initial installation, within 370 days before testing, and after major maintenance. Other verifications: upon initial installation and after major mai ntenance.

aPerform calibrations and verifications more frequently, according to measurement system manufacturer instructions and good engineering judgment. b The CVS verification described in §1065.341 is not required for systems that agree within ±2 % bas ed on a chemical balance of carbon or oxygen of the intake air, fuel, and diluted exhaust. * * * * * 57. Section 1065.307 is amended by revising paragraph (a) and Table 1 of 1065.307 to read as follows: **§1065.307 Linearity verification.** (a) Scope and frequency . Perform a linearity verification on each measurement sy stem listed in Table 1 of this section at least as frequently as indicated in Table 1 of §1065.303, consistent with measurement sy stem manufacturer recommendations and good engineering judgment. Note that this linearity verification may

replace requirements we previously

referred to as “calibrations”. The intent of a linearit y verification is to determine that a measurement sy stem responds proportionally over the measurement range of inter est. A linearity verification generall y consists of introducing a series of at least 10 reference values to a measurement sy stem. The measurement s ys tem quantifies each reference value. The measured values are then collectivel y compared to the***** E.O. 12866 Review**
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773 of 971 reference values b y using a least squares linear regression and the linearity criteria specified in Table 1 of this section. (b) * * ****** E.O. 12866 Review**
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774 of 971 Table 1 of §1065.307

–Measurement sy stems that require linearity verifications.

Measurement sy stem Quantity Linearity criteria | x min ( a 1 - 1)+ a 0 | a 1 SEE r 2 Speed f n ≤ 0.05 % · nm ax f 0.98 - 1.02 ≤ 2 % · nm ax f ≥ 0.990 Torque T ≤ 1 % · ma x T 0.98 - 1.02 ≤ 2 % · ma x T ≥ 0.990 Electrical power P ≤ 1 % · ma x P 0.98 - 1.02 ≤ 2 % · ma x P ≥ 0.990 Fuel flow rate m  ≤ 1 % · ma x m  0.98 - 1.02 ≤ 2 % · ma x m  ≥ 0.990 Intake - air flow rate n  ≤ 1 % · ma x n  0.98 - 1.02 ≤ 2 % · ma x n  ≥ 0.990

Dilution air flow rate n  ≤ 1 % · ma x n  0.98 - 1.02 ≤ 2 % · ma x n  ≥ 0.990

Diluted exhaust flow rate n  ≤ 1 % · ma x n  0.98 - 1.02 ≤ 2 % · ma x n  ≥ 0.990

Raw exhaust flow rate n  ≤ 1 % · ma x n  0.98 - 1.02 ≤ 2 % · ma x n  ≥ 0.990 Batch sampler flow rates n  ≤ 1 % · ma x n  0.98 - 1.02 ≤ 2 % · ma x n  ≥ 0.990

Gas dividers x/x span ≤ 0.5 % · xmax /x span 0.98 - 1.02 ≤ 2 % · xma x /x span ≥ 0.990 Gas analyzers for laboratory testing x ≤ 0.5 % · ma x x 0.99 - 1.01 ≤ 1 % · ma x x ≥ 0.998***** E.O. 12866 Review**
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775 of 971 Gas analyzers for field testing x ≤ 1 % · ma x x 0.99 - 1.01 ≤ 1 % · ma x x ≥ 0.998 PM balance m ≤ 1 % · ma x m 0.99 - 1.01 ≤ 1 % · ma x m ≥ 0.998 Pressures p ≤ 1 % · ma x p 0.99 - 1.01 ≤ 1 % · ma x p ≥ 0.998 Dewpoint for intake air, PM stabilization and balance environments T dew ≤ 0.5 % ·

dewmax T 0.99 - 1.01 ≤ 0.5 % · dewmax T ≥ 0.998

Other dewpoint measurements T dew ≤ 1 % · dewmax

T 0.99 - 1.01 ≤ 1 % · dewmax T ≥ 0.998 Analog - to - digital conversion of temperature signals T ≤ 1 % · ma x T 0.99 - 1.01 ≤ 1 % · ma x T ≥ 0.998

**58.** Section 1065.340 is amended by revising paragraphs (b), (c), (d), (e), (f), (g) and (h) and adding paragraph (i) to read as follows: **§1065.340 Diluted exhaust flow (CVS) calibration.** * * * * * (b) Scope and frequency . Perform this calibration while the flow meter is installed in its permanent position, except as allowed in paragraph (c) of this section. Perform this calibration after you change an y part of the flow configuration upstream or downstream of the flow meter that may affect the flow - meter calibration. Perform this calibration upon initial CVS installation and whenever corrective action does not resolve a failure to meet the diluted exhaust flow verification (i.e., propane check) in §1065.341. (c) Ex - situ CFV and SSV calibration . Yo u may remove a CFV or SSV from its permanent position for calibration as long as it meets the following requirements when installed in the CVS: (1) Upon installation of the CFV or SSV into the CVS, use good engineering judgment to verify that you have not introduced an y leaks between the CVS inlet and the venturi.***** E.O. 12866 Review**
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776 of 971 (2) After ex - situ venturi calibration, you must verify all venturi flow combinations for CFVs or at minimum of 10 flow points for an SSV using the propane check as described in §1065.341. Your pr opane check result for each venturi flow point may not exceed the tolerance in §1065.341(f)(5). (3) To verify

your ex - situ calibration for a CVS with more than a single CFV, perform the following check to verify that there are no flow meter entrance effect s that can prevent you from passing this verification. (i) Use a constant flow device like a CFO kit to deliver a constant flow of propane to the dilution tunnel. (ii) Measure h ydrocarbon concentrations at a minimum of 10 separate flow rates for an SSV f low meter, or at all possible flow combinations for a CFV flow meter, while keeping the flow of propane constant. We recommend selecting CVS flow rates in a random order. (iii) Measure the concentration of h ydrocarbon background in the dilution air at the beginning and end of this test. Subtract the average background concentration from each measurement at each flow point before performing the regression anal ys is in paragraph (c)(3)(iv) of this section. (iv) Perform a power regression using all the paired values of flow rate and corrected concentration to obtain a relationship in the form of y = a · xb . Use concentration as the independent variable and flow rate as the dependent variable. For each data point, calculate the difference between the measured flow rate and the value represented by the curve fit. The difference at each point must be less than ±1 % of the appropriate regression value. The value of b must be between

– 1.005 and

– 0.995. If your results do not meet these limits, take corrective ac tion consistent with §1065.341(a). (d) Reference flow meter . Calibrate a CVS flow meter using a reference flow meter such as a subsonic venturi flow meter, a long - radius ASME/NI ST flow nozzle, a smooth approach orifice, a laminar flow element, a set of critical flow venturis, or an ultrasonic flow meter. Use a reference flow meter that reports quantities that are NIST - traceable within ±1 % uncertaint y. Use this reference flow meter’s response to flow as the reference value for CVS flow - meter calibration. (e) Configuration . Do not use an upstream screen or other restriction that could affect the flow ahead of the reference flow meter, unless the flow meter has been calibrated with such a restriction. (f) PDP calibration . Calibrate a positive - displacement pump (PDP) to determine a flow versus - PDP speed equation that accounts for flow leakage across sealing surfaces in the PDP as a function of PDP inlet pressure. Determine unique equation coefficients for each speed at which you operate the PDP. Calibrate a PDP flow meter as follows: (1) Connect the s ys tem as shown in Figure 1 of this section.***** E.O. 12866 Review**
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777 of 971 (2) Leaks between the calibration flow meter and the PDP must be less than 0.3 % of the total flow at the lowest calibrated flow point; for example, at the highest restriction and lowest PDP - speed point. (3) While the PDP operates, maintain a constant temperature at the PDP inlet within ±2 % of the mean absolute inlet temperature, in 

### T . (4) Set the PDP speed to the first speed point at which you intend to calibrate. (5) Set the variable restrictor to its wide - open position. (6) Operat e the PDP for at least 3 min to stabilize the sy stem. Continue operating the PDP and record the mean values of at least 30 seconds of sampled data of each of the following quantities: (i) The mean flow rate of the reference flow meter, ref 

### n  . This may

include several measurements of different quantities, such as reference meter pressures and temperatures, for calculating ref



### n  . (ii) The mean temperature at the PDP inlet, in 

### T . (iii) The mean static absolute pressure at the PDP inlet, in p . (iv) The mean static absolute pressure at the PDP outlet, out p . (v) The mean PDP speed, nPDP 

### f . (7) Incrementall y close the restrictor valve to decrease the absolute pressure at the inlet to the PDP, in

p . (8) Repeat the steps in paragraphs (e)(6) and (7) of this section to record data at a minimum of six restrictor positions ranging from the wide open restrictor position to the minimum expected pressure at the PDP inlet. (9) Calibrate the PDP b y using the collected data and the equations in §1065.640. (10) Repeat the steps in paragraphs (e)(6) through (9) of this section for each speed at which you operate the PDP. (11) Use the equations in §1065.642 to determine the PDP flow equation for emission testing. (12) Verify

the calibration by

performing a CVS verification (i.e., propane check) as described in §1065.341. (13) Do not use the PDP below the lowest inlet pressure tested during calibration.***** E.O. 12866 Review**
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778 of 971 (g) CFV calibration . Calibrate a critical - flow venturi (CFV) to verify its discharge coefficient, C

d , at the lowest expected static differential pressure between the CFV inlet and outlet. Calibrate a CFV flow meter as follows: (1) Co nnect the s ys tem as shown in Figure 1 of this section. (2) Verify that an y leaks between the calibration flow meter and the CFV are less than 0.3 % of the total flow at the highest restriction. (3) Start the blower downstream of the CFV. (4) While the CFV operates, maintain a constant temperature at the CFV inlet within ±2 % of the mean absolute inlet temperature, in 

### T . (5) Set the variable restrictor to its wide - open position. In stead of a variable restrictor, yo u may alternatel y vary the pressure downstream of the CFV b y varyi ng blower speed or by introducing a controlled leak. Note that some blowers have limitations on nonloaded conditions. (6) Operate the CFV for at least 3 min to stabilize the sy stem. Continue operating the CFV and record the mean values of at least 30 seconds of sampled data of each of the following quantities: (i) The mean flow rate of the reference flow meter, ref 

### n  . This may

include several measurements of different quantities, such as reference meter pressures and temperatures, for calculating ref



### n  . (ii) The mean dewpoint of the calibration air, dew 

### T . See §1065.640 for permissible assumptions during emission measurements. (iii) The mean temperature at the venturi inlet, in 

### T . (iv) The mean static absolute pressure at the venturi inlet, in p . (v) The mean static differential pressure between the CFV inlet and the CFV outlet, CFV p  . (7) Incrementall y close the restrictor valve or decrease the downstream pressure to decrease the differential pressure across the CFV, CFV p  . (8) Repeat the steps in paragraphs (f)(6) and (7) of this section to record mean data at a minimum of ten restrictor positions, such that you test the fullest practical range of CFV p  expected during testing. We do not require that you remove calibr ation components or CVS components to calibrate at the lowest possible restrictions.***** E.O. 12866 Review**
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779 of 971 (9) Determine C

d and the lowest allowable pressure ratio, r , according to §1065.640. (10) Use C

d to determine CFV flow during an emission test. Do not use the CFV below the lowest allowed r , as determined in §1065.640. (11) Verify

the calibration by

performing a CVS verification (i.e., propane check) as described in §1065.341. (12) If your CVS is configured to operate more than one CFV at a time in parallel, calibrate your CVS by

one of the following: (i) Calibrate every

combination of CFVs according to this section and §1065.640. Refer to §1065.642 for instructions on calculating flow rates for this option. (ii) Calibrate each CFV according to this section and §1065.640. Refer to §1065.642 for instructions on calculating flow rates for this option. (h) SSV calibration . Calibrate a subsonic venturi (SSV) to determine its calibration coefficient, C

d , for the expected range of inlet pressures. Calibrate an SSV flow meter as follows: (1) Connect the s ys tem as shown in Figure 1 of this section. (2) Verify that an y leaks between the calibration flow meter and the SSV are less than 0.3 % of the total flow at the highest restriction. (3) Start the blower downstream of the SSV. (4) While the SSV operates, maintain a constant temperature at the SSV inlet within ±2 % of the mean absolute inlet temperature, in 

### T . (5) Set the variable restrictor or variable - speed blower to a flow rate greater than the greatest f low rate expected during testing. You may not extrapolate flow rates beyond calibrated values, so we recommend that you make sure the Reynolds number, Re # , at the SSV throat at the greatest calibrated flow rate is greater than the maximum Re # expected during testing. (6) Operate the SSV for at least 3 min to stabilize the sy stem. Continue operating the SSV and record the mean of at least 30 seconds of sampled data of each of the following quantities: (i) The mean flow rate of the reference flow meter ref 

### n  . This may

include several measurements of different quantities, such as reference meter pressures and temperatures, for calculating ref



### n  . (ii) Optionally , the mean dewpoint of the calibration air, dew 

### T . See §1065.640 for permissible assumptions.***** E.O. 12866 Review**
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780 of 971 (iii) The mean temperature at the venturi inlet, in 

### T . (iv) The mean static absolute pressure at the venturi inlet, in p . (v) Static differential pressur e between the static pressure at the venturi inlet and the static pressure at the venturi throat, SSV p  . (7) Incrementall y close the restrictor valve or decrease the blower speed to decrease the flow rate. (8) Repeat the steps in paragraphs (g)(6) and (7) of this section to record data at a minimum of ten flow rates. (9) Determine a functional form of C d versus Re # by

using the collected data and the equations in §1065.640. (10) Verify

the calibration by

performing a CVS verification (i.e., propane check) as described in §1065.341 using the new C d versus Re # equation. (11) Use the SSV onl y between the minimum and maximum calibrated flow rates. (12) Use the equations in §1065. 642 to determine SSV flow during a test. (i) Ultrasonic flow meter calibration . [Reserved] * * * * * 59. Section 1065.341 is amended by revising paragraphs (a)(5) , (a)(6), and (f)(5) and adding paragraph (a)(7) to read as follows: **§1065 .341 CVS and batch**  **sampler verification (propane check) .**  * * * * * (a) * * * (5) Change in CVS calibration . Perform a calibration of the CVS flow meter as described in §1065.340. (6) Flow meter entrance effects . Inspect the CVS tunnel to determine whether the entrance effe cts from the piping configuration upstream of the flow meter adversel y affect the flow measurement. (7) Other problems with the CVS or sampling verification hardware or software . Inspect the CVS sy stem, CVS verification hardware, and software for discrepa ncies.***** E.O. 12866 Review**
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781 of 971 * * * * * (f) * * * (5) Subtract the reference C 3 H 8 mass from the calculated mass. If this difference is within  2 % of the reference mass, the CVS passes this verification. If not, take corrective action as described in paragraph (a) of this sect ion. * * * * * 60. Section 1065.350 is amended by revising paragraph (d)(7) to read as follows: **§1065 .350 H**  **2 O interference verification for CO**  **2 NDIR analyzers**  **.** * * * * * (d) * * * (7) While the anal yz er measures the sample’s concentration, record 30 seconds of sampled data. Calculate the arithmetic mean of this data. The analyzer meets the interference verification if this value is within (0.0 ±0.4) mmol/mol. * * * * * 61. Section 1065.360 is amended by revising paragraph (e) to read as follows: **§1065.360 FID**  **optimization and verification .**  * * * * * (e) THC FID methane (CH 4 ) response verification . This procedure is only for FID anal yz ers that measure THC. If the value of RF CH4[THC - FID] from paragraph (d) of this section is within  5 % of its most recent previ ously determined value, the THC FID passes the methane response verification. For example, if the most recent previous value for RF CH4[THC - FID] was 1.05 and it changed b y  0.05 to become 1.10 or it changed by - 0.05 to become 1.00, either case would be acc eptable because  4.8 % is less than  5 %. Verify RF

CH4[THC - FID] as follows: * * * * * 62. Section 1065.370 is amended by revising paragraph (g)(1) to read as follows: **§1065. 370 CLD CO**  **2 and H**  **2 O quench verification**  **.******* E.O. 12866 Review**
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782 of 971 * * * * * (g) * * * (1) You may

omit this verification if you can show by engineering anal ys is that for your NO x sampling s ys tem and your emission calculation procedures, the combined CO 2 and H 2 O interference for your NO x CL D anal yz er alway s affects your brake - specific NO x emission results within no more than  1 % of the applicable NO x standard. If you certify to a combined emission standard (such as a NO x + NMHC standard), scale your NO x results to the combined standard based on the measured results (after incorporating d eterioration factors, if applicable). For example, if your final NO x + NMHC value is half of the emission standard, double the NO x result to estimate the level of NO x emissions corresponding to the applicable standard. * * * * * 63. Section 1065.372 is amend ed by revising paragraph (e)(1) to read as follows: **§1065.372 NDUV analyzer HC and H**  **2 O interference verification**  **.** * * * * * (e) * * * (1) You may

omit this verification if you can show by engineering anal ys is that for your NO x sampling s ys tem and your emis sion calculation procedures, the combined HC and H 2 O interference for your NO x NDUV anal yz er alway s affects your brake - specific NO x emission results by

less than 0.5 % of the applicable NO x standard. * * * * * 64. Section 1065.378 is amended by revising paragraph (d)(3)(iv) to read as follows: **§1065.378 NO 2**  **- to**  **- NO converter conversion verification.**  * * * * * (d) * * * (3) * * * (iv) Switch the ozonator on and adjust the ozone generation rate so the NO measured b y the anal yz er is 20 percent of x NOref or a value which would simulate the maximum concentration of NO 2 expected during testing, while maintaining at least 10 percent unreacted NO. This ensures that the ozonator is generating NO 2 at the maximum***** E.O. 12866 Review**
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783 of 971 concentration expected during testing. Record the concentration of NO b y calculating the mean of 30 seconds of sampled data from the analyzer and record this value as x NOmeas . ***** ***** ***** ***** ***** **Subpart F —**  **[Amended]** 65. Section 1065.510 is amended by revising paragraphs (a) introductory text, (b)(5)(i), (b)(6), (c)(2), (c)(4), (d)(5), (f)(3)(i), (f)(5), and (g) and adding paragraphs (b)(7), (f)(3)(iii), and (h) to read as follows: **§1065.510 Engine mapping.** (a) Applicability, scope, and frequency . An engine map is a data set that consists of a series of paired data point s that represent the maximum brake torque versus engine speed, measured at the engine's primary output shaft. Map your engine if the standard - setting part requires engine mapping to generate a duty cycle for your engine configuration. Map yo ur engine while it is connected to a dy namometer or other device that can absorb work output from the engine's primary output shaft according to §1065.110. To establish speed and torque values for mapping, we generally recommend that you stabilize an engine for at least 15 seconds at each setpoint and record the mean feedback speed and torque of the last (4 to 6) seconds. Configure an y auxiliary work inputs and outputs such as hy brid, turbo - compounding, or thermoelectric s ys tems to represent their in - use configurations, and use the same configuration for emission testing. See Figure 1 of §1065.210. This may involve configuring initial states of charge and rates and times of auxiliary - work inputs and outputs. We recommend that you contact the Designated Compliance Officer before testing to determine how you should configure any auxiliary - work inputs and outputs. Use the most recent engine map to transform a normalized duty cycle from the standard setting part to a reference duty cycle specific to your engine. Normalized duty cycles are specified in the standard - setting part. You may update an engine map at any time by repeating the engine - mapping procedure. You must map or re - map an engine before a test if any of the following apply : * * * * * (b) * * * (5) * * * (i) For any

engine subject only

to steady - state duty

cycles, you may

perform an engine map by using discrete speeds. Select at least 20 evenly spaced setpoints from 95% of warm idle speed to the highest speed above maximum power at which 50% of maximum power occurs . We refer to this 50% speed as the check point speed as described in paragraph (b)(5)(iii) of this section. At each setpoint, stabilize speed and allow torque to***** E.O. 12866 Review**
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784 of 971 stabilize. Record the mean speed and torque at each setpoint. Use linear interpolation to det ermine intermediate speeds and torques. Use this series of speeds and torques to generate the power map as described in paragraph (e) of this section. * * * * * (6) Use one of the following methods to determine warm high - idle speed for engines with a high - speed governor if they are subject to transient testing with a duty cycle that includes reference speed values above 100 %: (i) You may

use a manufacturer - declared warm high - idle speed if the engine is electronically

governed. For engines with a high - spee d governor that shuts off torque output at a manufacturer - specified speed and reactivates at a lower manufacturer specified speed (such as engines that use ignition cut - off for governing), declare the middle of the specified speed range as the warm high - id le speed. (ii) Measure the warm high - idle speed using the following procedure: (A) Set operator demand to maximum and use the dy namometer to target zero torque on the engine’s primary

output shaft. If the mean feedback torque is within ±1 % of T max mapped , you may

use the observed mean feedback speed at that point as the measured warm high - idle speed. (B) If the engine is unstable as a result of in - use production components (such as engines that use ignition cut - off for governing, as opposed to unstable dy namometer operation), yo u must use the mean feedback speed from paragraph (b)(6)(ii)(A) of this section as the measured warm high - idle speed. The engine is considered unstable if any of the 1 Hz speed feedback values are not within ±2 % of the calculated mean feedback speed. We recommend that you determine the mean as the value representing the midpoint between the observed maximum and minimum recorded feedback speed. (C) If your d yn amometer is not capable of achieving a mean feedback torque within ±1 % of T

max mapped , operate the engine at a second point with operator demand set to maximum with the dy

namometer set to target a torque equal to the recorded mean feedback torque on the previous point plus 20 % of T max mapped . Use this data point and the data point from paragraph (b)(6)(ii)(A) of this section to extrapolate the engine speed where torque is equal to zero. (D) You may

use a manufacturer - declared T max instead of the measured T max mapped . If you do this, or if you are able to determine mean fe edback speed as described in paragraphs (b)(6)(ii)(A) and (B) of this section, you may measure the warm high - idle speed before running the speed sweep specified in paragraph (b)(5) of this section. (7) For engines with a low - speed governor, if a nonzero idle torque is representative of in - use operation, operate the engine at warm idle with the manufacturer - declared idle torque. Set the operator demand to minimum, use the dy namometer to target the declared idle torque, and allow the engine to govern the s peed. Measure this speed and use it as the warm idle speed for cycle generation in §1065.512. We recommend recording at***** E.O. 12866 Review**
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785 of 971 least 30 values of speed and using the mean of those values. I f you identify multiple warm idle torques under paragraph (f)(4)(i) of this section, measure the warm idle speed at each torque. You may map the idle governor at multiple load levels and use this map to determine the measured warm idle speed at the declared idle torque(s). (c) * * * (2) Map the amount of negative torque requ ired to motor the engine by repeating paragraph (b) of this section with minimum operator demand. You may start the negative torque map at either the minimum or maximum speed from paragraph (b) of this section. * * * * * (4) For engines with an electric h ybrid s ys tem, you may create a negative torque map that would include the full negative torque of the electric hy brid sy stem, so operator demand will be at a minimum when the reference dut y cycle specifies negative torque values. (d) * * * (5) Perform one of the following: (i) For constant - speed engines subject only to steady - state testing, you may perform an engine map b y using a series of discrete torques. Select at least five evenl y spaced torque setpoints from no - load to 80 % of the manufacturer - de clared test torque or to a torque derived from your published maximum power level if the declared test torque is unavailable. Starting at the 80 % torque point, select setpoints in 2.5 % intervals, stopping at the endpoint torque. The endpoint torque is defined as the first discrete mapped torque value greater than the torque at maximum observed power where the engine outputs 90 % of the maximum observed power; or the torque when engine stall has been determined using good engineering judgment (i.e. sudde n deceleration of engine speed while adding torque). You may continue mapping at higher torque setpoints. At each setpoint, allow torque and speed to stabilize. Record the mean feedback speed and torque at each setpoint. From this series of mean feedba ck speed and torque values, use linear interpolation to determine intermediate values. Use this series of mean feedback speeds and torques to generate the power map as described in paragraph (e) of this section. (ii) For an y constant - speed engine, you may perform an engine map with a continuous torque sweep b y continuing to record the mean feedback speed and torque at 1 Hz or more frequently . Use the dy namometer to increase torque. Increase the reference torque at a constant rate from no - load to the endp oint torque as defined in paragraph (d)(5)(i) of this section. You may

continue mapping at higher torque setpoints. Unless the standard setting part specifies otherwise, target a torque sweep rate equal to the manufacturerdeclared test torque (or a torqu e derived from your published power level if the declared test torque is not known) divided by 180 s. Stop recording after you complete the sweep. Verify that the average torque sweep rate over the entire map is within ±7 % of the target torque sweep rat e. Use linear interpolation to determine intermediate values from this series of mean feedback speed and torque values. Use this series of mean feedback***** E.O. 12866 Review**
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786 of 971 speeds and torques to generate the power map as described in paragraph (e) of this section. (iii) For electric power generation applications in which normal engine operation is limited to a specific speed range, map the engine with two points as described in this paragraph (d)(5)(iii). After stabilizing at the no - load governed speed in §1065.510(d)(4), r ecord the mean feedback speed and torque. Continue to operate the engine with the governor or simulated governor controlling engine speed using operator demand, and control the dy

namometer to target a speed of 97.5 % of the recorded mean no - load governed speed. If the in - use performance class of the electric power generation application is known, you may use those values in place of 97.5 % (e.g., for I SO 8528 - 5 G3 Performance Class, the steady - state frequency band is less than or equal to 0.5 %, so use 99 .75 % instead of 97.5 %). Allow speed and torque to stabilize. Record the mean feedback speed and torque. Record the target speed. The absolute value of the speed error (the mean feedback speed minus the target speed) must be no greater than 20 % of th e difference between the recorded mean no - load governed speed and the target speed. From this series of two mean feedback speed and torque values, use linear interpolation to determine intermediate values. Use this series of two mean feedback speeds and torques to generate a power map as described in paragraph (e) of this section. Note that the measured maximum test torque determined in §1065.610(b)(1), will be the mean feedback torque recorded on the second point. * * * * * (f) * * * (3) * * * (i) You may

use a declared value for maximum test speed for variable - speed engines if it is within (97.5 to 102.5) % of the corresponding measured value. You may use a higher declared speed if the length of the “vector” at the declared speed is within 2 % of the length of the “vector” at the measured value. The term vector refers to the square root of the sum of normalized engine speed squared and the normalized full - load power (at that speed) squared, consistent with the calculations in §1065.610. (ii) * * * ( iii) For electronically

governed engines, you may use a declared warm high - idle speed for calculating the alternate maximum test speed as specified in §1065.610. (4) * * * (5) Optional declared torques . (i) For variable - speed engines you may declare a max imum torque over the engine operating range. You may use the declared value for measuring warm high - idle speed as specified in §1065.510. (ii) For constant - speed engines you may declare a maximum test torque. You may use the declared value for cycle gene ration if it is within (95 to 100) % of the measured value.***** E.O. 12866 Review**
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787 of 971 (g) Mapping variable - speed engines with an electric hy brid sy stem . Map variable - speed engines that include electric hy brid sy stems as described in this paragraph (g). You may ask to apply

these provisions to other ty pes of hy brid engines, consistent with good engineering judgment. However, do not use this procedure for engines used in hy brid vehicles where the h ybrid system is certified as part of the vehicle rather than the engine. Follow the steps for mapping a variable - speed engine as given in paragraph (b)(5) of this section except as noted in this paragraph (g). You must generate one engine map with the hy brid s ys tem inactive as described in paragraph (g)(1) of this section, and a separate map with the hy

brid s ys tem active as described in paragraph (g)(2) of this section. See the standard - setting part to determine how to use these maps. The map with the sy stem inactive is ty

pically used to generate steady - state duty cycles, but may

also b e used to generate transient cycles, such as those that do not involve engine motoring. This hy brid inactive map is also used for generating the h ybrid - active map. The h ybrid - active map is ty picall y used to generate transient dut y c ycl es that involve eng ine motoring. (1) Prepare the engine for mapping b y either deactivating the h ybrid s ys tem or by operating the engine as specified in paragraph (b)(4) of this section and remaining at this condition until the rechargeable energy storage s ystem (RESS) is depleted. Once the hy brid has been disabled or the RESS is depleted, perform an engine map as specified in paragraph (b)(5) of this section. If the RESS was depleted instead of deactivated, ensure that instantaneous power from the RESS remains less than 2 % of the instantaneous measured power from the engine (or engine - hy brid sy stem) at all engine speeds. (2) The purpose of the mapping procedure in this paragraph (g) is to determine the maximum torque available at each speed, such as what might occur duri ng transient operation with a full y charged RESS. Use one of the following methods to generate a hy brid - active map: (i) Perform an engine map by using a series of continuous sweeps to cover the engine’s full range of operating speeds. Prepare the engine for h ybrid - active mapping by ensuring that the RESS state of charge is rep resentative of normal operation . Perform the sweep as specified in paragraph (b)(5)(ii) of this section, but stop the sweep to charge the RESS when the power measured from the RESS drops below the expected maximum power from the RESS by

more than 2 % of total s ys tem power (including engine and RESS power). Unless good engineering judgment indicates otherwise, assume that the expected maximum power from the RESS is equal to the measured RESS power at the start of the sweep segment. For example, if the 3 - second rolling average of total engine - RESS power is 200 kW and the power from the RESS at the beginning of the sweep segment is 50 kW, once the power from the RESS reaches 46 kW, sto p the sweep to charge the RESS. Note that this assumption is not valid where the h ybrid motor is torque - limited. Calculate total sy stem power as a 3 - second rolling average of instantaneous total sy stem power. After each charging event, stabilize the eng ine for 15 seconds at the speed at which you ended the previous segment with operator demand set to maximum before continuing the sweep from that speed. Repeat the cycle of charging, mapping, and recharging until you have completed the engine map. You ma y shut down the system or include other operation between segments to be consistent with the intent of this paragraph (g)(2)(i). For example, for sy stems in which continuous charging and***** E.O. 12866 Review**
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788 of 971 discharging can overheat batteries to an extent that affects perform ance, yo u may operate the engine at zero power from the RESS for enough time after the s ys tem is recharged to allow the batteries to cool. Use good engineering judgment to smooth the torque curve to eliminate discontinuities between map intervals. (ii) Pe rform an engine map by using discrete speeds. Select map setpoints at intervals defined b y the ranges of engine speed being mapped. From 95 % of warm idle speed to 90 % of the expected maximum test speed, select setpoints that result in a minimum of 13 e qually spaced speed setpoints. From 90 % to 110 % of expected maximum test speed, select setpoints in equally spaced intervals that are nominally 2 % of expected maximum test speed. Above 110 % of expected maximum test speed, select setpoints based on the same speed intervals used for mapping from 95 % warm idle speed to 90 % maximum t est speed. You may

stop mapping at the highest speed above maximum power at which 50 % of maximum power occurs. We refer to the speed at 50 % power as the check point speed as described in paragraph (b)(5)(iii) of this section. Stabilize engine speed at each setpoint, targeting a torque value at 70 % of peak torque at that speed without hy brid assist. Make sure the engine is full y warmed up and the RESS state of charge is within the normal operating range. Snap the operator demand to maximum, operate t he engine there for at least 10 seconds, and record the 3 - second rolling average feedback speed and torque at 1 Hz or higher. Record the peak 3 - second average torque and 3 - second average speed at that point. Use linear interpolation to determine intermediate speeds and torques. Follow §1065.610 (a) to calculate the maximum test speed. Verify that the measured maximum test speed falls in the range from 92 to 108 % of the estimated maximum test speed. If the measured maximum test speed does not fall in this range, rerun the map using the measured value of maximum test speed. (h) Other mapping procedures . You may use other mapping procedures if you believe the procedures specified in this section are unsafe or unrepresentative for your engine. Any altern ate techniques you use must satisfy the intent of the specified mapping procedures, which is to determine the maximum available torque at all engine speeds that occur during a duty

cycle. I dentify

an y deviations from this section’s mapping procedures when you submit data to us. 66. Section 1065.514 is amended by revising paragraph (f)(3) and Table 2 as follows: **§1065.514 Cycle**  **- validation criteria for operation over specified duty cycles**  **.** * * * * * (f) * * * (3) For discrete - mode steady - state testing, appl y cycle - validation criteria by treating the sampling periods from the series of test modes as a continuous sampling period, analogous to ramped - modal testing and apply statistical criteria as described in paragraph (f)(1) or (2) of this section. Note that i f the gaseous and particulate test intervals are***** E.O. 12866 Review**
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789 of 971 different periods of time, separate validations are required for the gaseous and particulate test intervals. Table 2 of §1065.514

—Default statistical criteria for validating duty cycles Parameter Speed Torqu e Power Slope, a 1 0.950 ≤ a 1 ≤ 1.030 0.830 ≤ a 1 ≤ 1.030 0.830 ≤ a 1 ≤ 1.030 Absolute value of intercept, | a 0 | ≤ 10 % of warm idle ≤ 2 % of maximum mapped torque ≤ 2 % of maximum

mapped power Standard error of estimate, SEE ≤ 5 % of maximum test speed ≤ 10 % of maximum

mapped torque ≤ 10 % of maximum

mapped power Coefficient of determination, r

2 ≥ 0.970 ≥ 0.850 ≥ 0.910

* * * * * 67. Section 1065.520 is amended by revising paragraph (g) introductory paragraph, paragraphs (g)(5), (g)(7) and (g)(8) adding paragraph (g)(9) to read as follows: **§1065.520 Pre -**  **test verification procedures and pre -**  **test data collection.** * * * * * (g) Verify the amount of nonmethane h ydrocarbon contamination in the exhaust and background HC sampling s ys tems within 8 hours before th e start of the first test interval of each dut y - cycle sequence for laboratory tests. You may

verify the contamination of a background HC sampling s ys tem by reading the last bag fill and purge using zero gas. For an y NMHC measurement sy stem that involves separatel y measuring methane and subtracting it from a THC measurement or for any CH 4 measurement sy stem that uses an NMC, verify

the amount of THC contamination using onl y the THC analyzer response. There is no need to operate any separate methane anal yz er for this verification; however, yo u may measure and correct for THC contamination in the CH 4 sample train for the cases where NMHC is determined by subtracting CH 4 from THC or, where CH 4 is determined, using an NMC as configured in §1065.365(d), (e), an d (f); and using the calculations in §1065.660(b)(2). Perform this verification as follows:***** E.O. 12866 Review**
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790 of 971 (1) * * * (5) Measure the THC concentration in the sampling and background sy stems as follows: (i) For continuous sampling, record the mean THC concentration as overflow zero gas flows. (ii) For batch sampling, fill the sample medium (e.g., bag) and record its mean THC concentration. (6) * * * (7) You may

correct the measured initial THC concentration for drift as follows: (i) For batch and continuous HC analyzer s, after determining the initial THC concentration, flow zero gas to the anal yz er zero or sample port. When the anal yz er reading is stable, record the mean anal yz er value. (ii) Flow span gas to the anal yz er span or sample port. When the anal yz er reading is stable, record the mean analyzer value. (iii) Use mean anal yz er values from paragraphs (g)(2), (3), (7)(i), and (7)(ii) of this section to correct the initial THC concentration recorded in paragraph (g)(6) of this section for drift, as described in §106 5.550. (8) If an y of the xTHC[THC - FID]init values exceed the greatest of the following values, determine the source of the contamination and take corrective action, such as purging the sy stem during an additional preconditioning cycle or replacing contamin ated portions: (i) 2 % of the flow - weighted mean wet, net concentration expected at the HC (THC or NMHC) standard. (ii) 2 % of the flow - weighted mean wet, net concentration of HC (THC or NMHC) measured during testing. (iii) 2 mol/mol. (9) If corrective ac tion does not resolve the deficiency , you may request to use the contaminated s ys tem as an alternate procedure under §1065.10. * * * * * 68. Section 1065.525 is amended by revising paragraph (a) and removing paragraph (c)(4). **§1065.525 Engine starting, restar ting, and shutdown.** ***** E.O. 12866 Review**
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791 of 971 (a) For test intervals that require emission sampling during engine starting, start the engine using one of the following methods: (1) Start the engine as recommended in the owners manual using a production starter motor or air - start s y stem and either an adequatel y charged battery , a suitable power supply , or a suitable compressed air source. (2) Use the dyn amometer to start the engine. To do this, motor the engine within ±25 % of its ty pical in - use cranking speed. Stop cranking within 1 second of starting the engine. (3) In the case of h ybrid engines, activate the s ys tem such that the engine will start when its control algorithms determine that the engine should provide power instead of or in addition to power from the RESS. Unless we specify otherwise, engine starting throughout this part generally refers to this step of activating the sy stem on hy brid engines, whether or not that causes the engine to start running. * * * * * (c) * * * (4) DELETE * * * * * 69. Section 1065.530 is amended by revising paragraph (b)(13) to read as follows: **§1065.530 Emission test sequence**  **.** * * * * * (b) * * * (13) Drain an y accumulated condensate from the intake air s ys tem before starting a duty cycle, as described in §1065.125(e)(1). If engine and a ftertreatment preconditioning cycles are run before the duty cycle, treat the preconditioning cycles and any associated soak period as part of the duty cycle for the purpose of opening drains and draining condensate. Note that yo u must close any intake ai r condensate drains that are not representative of those normally open during in - use operation. * * * * * 70. Section 1065.546 is amended by revising paragraph (a) to read as follows: **§1065.5 46 Validation of minimum dilution ratio for PM batch sampling**  **, and drift**  **correction .** ***** E.O. 12866 Review**
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792 of 971 * * * * * (a) Determine minimum dilution ratio based on molar flow data. This involves determination of at least two of the following three quantities: raw exhaust flow (or previously

diluted flow), dilution air flow, and dilute exhaust flow. You may determine the raw exhaust flow rate based on the measured intake air or fuel flow rate and the raw exhaust chemical balance terms as given in §1065.655(e). You may determine the raw exhaust flow rate based on the measured intake air and di lute exhaust molar flow rates and the dilute exhaust chemical balance terms as given in §1065.655(f). You may alternativel y estimate the molar raw exhaust flow rate based on intake air, fuel rate measurements, and fuel properties, consistent with good eng ineering judgment. * * * * * 71. Section 1065.550 is amended by revising the section title and paragraph (b) to read as follows: **§1065.550 Gas analyzer range validation and drift validation**  **.** * * * * * (b) Drift validation and drift correction . Gas analyzer drift validation is required for all gaseous exhaust constituents for which an emission standard applies. It is also required for CO 2 even if there is no CO 2 emission standard. It is not required for other gaseous exhaust constituents for which only a rep orting requirement applies (such as CH 4 and N 2 O). (1) Validate drift using one of the following methods: (i) For regulated exhaust constituents determined from the mass of a single component, perform drift validation based on the regulated constituent. For example, when NO x mass is determined with a dry sample measured with a CLD and the removed water is correct ed based on measured CO 2 , CO, THC, and NO x concentrations, you must validate the calculated NO x value. (ii) For regulated exhaust constituents determined from the masses of multiple subcomponents, perform the drift validation based on either the regulated constituent or all the mass subcomponents. For example, when NO x is measured with separate NO and NO 2 analyzers, you must validate either the NO x value or both the NO and NO 2 values. (iii) For regulated exhaust constituents determined from the concentrati ons of multiple gaseous emission subcomponents prior to performing mass calculations, perform drift validation on the regulated constituent. You may not validate the concentration subcomponents (e.g., THC and CH 4 for NMHC) separately. For example, for NM HC measurements, perform drift validation on NMHC; do not validate THC and CH 4 separately .***** E.O. 12866 Review**
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793 of 971 (2) Drift validation requires two sets of emission calculations. For each set of calculations, include all the constituents in the drift validation. Calculate one set using the data before drift correction and calculate the other set after correcting all the data for drift according to §1065.672. Note that for purposes of drift validation, yo u must leave unaltered an y negative emission results over a given test int erval (i.e., do not set them to zero). These unaltered results are used when validating either test interval results or composite brake - specific emissions over the entire duty cycle for drift. For each constituent to be validated, both sets of calculatio ns must include the following: (i) Calculated m ass (or mass rate) emission values over each test interval. (ii) If you are validating each test interval based on brake - specific values, calculate brake specific emission values over each test interval. (iii) If you are validating over the entire duty cycle, calculate composite brake - specific emission values. (3) Validation Criteria . The duty cycle is validated for drift if you satisfy the following criteria: (i) For each regulated gaseous exhaust constituent, you must satisfy one of the following: (A) For each test interval of the duty cycle, the difference between the uncorrected and the corrected brake - specific emission values of the regulated constituent must be within ±4 % of the uncorrected v alue or the applicable emissions standard, whichever is greater. Alternativel y, the difference between the uncorrected and the corrected emission mass (or mass rate) values of the regulated constituent must be within  4 % of the uncorrected value or the co mposite work (or power) multiplied by the applicable emissions standard, whichever is greater. For purposes of validating each test interval, you may use either the reference or actual composite work (or power). (B) For each test interval of the duty cycl e and for each subcomponent of the regulated constituent, the difference between the uncorrected and the corrected brake - specific emission values must be within ±4 % of the uncorrected value. Alternatively , the difference between the uncorrected and the c orrected emissions mass (or mass rate) values must be within ±4 % of the uncorrected value. (C) For the entire dut y c ycle, the difference between the uncorrected and the corrected composite brake - specific emission values of the regulated constituent must b e within ±4 % of the uncorrected value or applicable emission standard, whichever is greater. (D) For the entire duty

cycle and for each subcomponent of the regulated constituent, the difference between the uncorrected and the corrected composite brake - spe cific emission values must be within ±4 % of the uncorrected value. (ii) Where no emission standard applies for CO 2 , you must satisfy one of the following:***** E.O. 12866 Review**
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794 of 971 (A) For each test interval of the duty cycle, the difference between the uncorrected and the correct ed brake - specific CO 2 values must be within ±4 % of the uncorrected value; or the difference between the uncorrected and the corrected CO 2 mass (or mass rate) values must be within ±4 % of the uncorrected value. (B) For the entire dut y c ycle, the differenc e between the uncorrected and the corrected composite brake - specific CO 2 values must be within ±4 % of the uncorrected value. (2) If the test is not validated for drift as described in paragraph (b)(1) of this section, you may consider the test results for the duty cycle to be valid only

if, using good engineering judgment, the observed drift does not affect your ability to demonstrate compliance with the applicable emission standards. For example, if the drift - corrected value is less than the standard b y at least two times the absolute difference between the uncorrected and corrected values, you may consider the data to be valid for demonstrating compliance with the applicable standard. * * * * * **Subpart G**

**— [Amended]**  72. Section 1065.602 is amended by revisin g paragraph (f)(3) before the table, paragraph (h), and paragraphs (l)(1)(ii) and (iii) as follows: **§1065.602 Statistics .**  * * * * * (f) * * * (3) Use Table 1 of this section to compare t to the tcrit values tabulated versus the number of degrees of freedom. If t is less than tcrit , then t passes the t - test. The Microsoft Excel software has a TINV function that returns equivalent results and may be used in place of Table 1, which follows: * * * * * ( h) Slope . Calculate a least - squares regression slope, a 1y , as follows:



##   i r efi ref i 1 1y 2

refi ref i 1 

### ( ) ( ) N N 

### y y y y a y y



 

###    

 

#   Eq. 1065.602 - 9***** E.O. 12866 Review**
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795 of 971 Example: N = 6000 y 1 = 2045.8 y = 1050.1 yref 1 = 2045.0
ref y = 1055.3 

##        

    6000 ref6000 1y 2 2 ref6000 2045.8 1050.1 2045.0 1055.3 ... 1050.1 1055.3

2045.0 1055.3 ... 1055.3 y y a y

             a 1y = 1.0110 * * * * * (l) * * * (1) * * * (ii) Based on your engine design, estimate maximum power, P max , the design speed at maximum power, f nmax , the design maximum intake manifold boost pressure, p inmax , and temperature, T

inmax . Also, estimate a mean fraction of power that is lost due to friction and pumping, frict



### P . Use this information along with the engine displacement volume, V disp , an approximate volumetric efficiency,  V, and the number of engine strokes per power stroke (2 - stroke or 4 - stroke), N stroke , to estimate the maximum raw exhaust molar flow rate, exhmax

n  . (iii) Use your estimated values as described in the following example calculation:



##   std ref exp ref frict max

exhmax duty cy

cle max 

### e W x P P P M n t P

     

     

   Eq. 1065.602 - 13

max disp nmax V stroke exhmax max 2 p V f N n R T 

    

  Eq. 1065.602 - 14***** E.O. 12866 Review**
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796 of 971 Example: eNOx = 2.5 g/(kW ·hr) W ref = 11.883 kW ·hr M NOx = 46.0055 g/mol = 46.0055 ·10 - 6 g/ mol  tdutycycle = 20 min = 1200 s
ref 

### P = 35.65 kW

frict 

### P = 15 % P max = 125 kW

p max = 300 kPa = 300000 Pa V disp = 3.0 l = 0.0030 m 3 /r f nmax = 2800 r/min = 46.67 r/s N stroke = 4  V= 0.9 R = 8.314472 J/(mol ·K) T max = 348.15 K

exhmax 

### 2 300000 0.0030 46.67 0.9

4 8.314472 348.15 n     

 

exhmax n  = 6.53 mol/s 

##   exp 6 2.5 11.883 35.65 0.15 125 46.0055 10 6.53 1200 125 x

      

     

 

exp 

### x = 189.4 μmol/mol***** E.O. 12866 Review**
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797 of 971 73. Section 1065.610 is amended by revising paragraphs (a)(1), (a)(2), (a)(3), (b)(1), (c)(1), (c)(2), and (c)(3) and adding a new (a)(4) as follows: **§1065. 610 Duty cycle generation**  **.** * * * * * (a) * * * (1) Based on the map, determine maximum power, P max , and the speed at which maximum power occurred, f nPmax . If maximum power occurs at multiple speeds, take f nPmax as the lowest of these speeds. Divide every recorded power by P max and divide every recorded speed by f nPmax . The result is a normalized power - versus - speed map. Your measured f

ntest is the speed at which the sum of the squares of normalized speed and power is maximum . N ote that if multiple maximum values are found, f ntest should be taken as the lowest speed of all points with the same maximum sum of squares. Determine f

ntest as follows : 

#   2 2 ntest ni nnormi normi at the maximum of f f f P  

Eq. 1065.610 - 1 Where: f ntest = maximum test speed. i = an indexing variable that represents one recorded value of an engine map. f nnormi = an engine speed normalized by dividing it by f

nPmax . P normi = an engine power normalized by dividing it by P

max . Example: ( f nnorm1 = 1.002, P

nor m1 = 0.978, f

n1 = 2359.71) ( f nnorm2 = 1.004, P

norm2 = 0.977, f

n2 = 2364.42) ( f nnorm3 = 1.006, P

norm3 = 0.974, f

n3 = 2369.13) ( f nnorm1 2 + P

norm1 2 ) = (1.002 2 + 0.978 2 ) = 1.960 ( f nnorm2 2 + P

norm2 2 ) = (1.004 2 + 0.977 2 ) = 1.963 ( f nnorm3 2 + P

norm3 2 ) = (1.006 2 + 0.974 2 ) = 1.961***** E.O. 12866 Review**
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798 of 971 maximum = 1.963 at i = 2 f ntest = 2364.42 r/min (2) For engines with a high - speed governor that will be subject to a reference dut y c ycl e that specifies normalized speeds greater than 100 %, calculate an alternate maximum test speed, f

ntest,alt , as specified in this paragraph (a)(2). If f ntest,alt is less than the measured maximum test speed, f ntest , determined in paragraph (a)(1) of this section, replace f ntest with f ntest,alt . In this case, f ntest,alt becomes the “maximum test speed ” for that engine. Note that §1065.510 allows you to apply an optional declared maximum test speed to the final measured maximum test speed determined as an outcome of the comparison between f ntest , and f

ntest,alt in this paragraph (a)(2). Determine f nte st,alt as follows: f ntest,alt = ( f nhi,idle – f

nidle )/ % speed

max + f nidle Eq. 1065.610 - 2 Where: f ntest,alt = alternate maximum test speed f nhi,idle = warm high - idle speed f nidle = warm idle speed % speed

max = maximum normalized speed from duty cycle Example: f nhi,idle = 2200 r/min f nidle = 800 r/min % speed

max = 105 % (Nonroad CI Transient Cycle) f ntest,alt = (2200

– 800)/105 % + 800 f ntest,alt = 2133 r/min (3) For variable - speed engines, transform normalized speeds to reference speeds according to paragraph (c) of this section by using the measured maximum test speed determined according to paragraphs (a)(1) and (2) of this section

— or use your declared maximum test speed, as allowed in §1065.510.***** E.O. 12866 Review**
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799 of 971 (4) For constant - speed engines, transform normalized speeds to reference speeds according to paragraph (c) of this section b y using the measured no - load governed speed

— or use your declared maximum test speed, as allowed in §1065.510 (b) * * * (1) Based on the map, determine maximum power, P max , and the speed at which maximum power occurs, f nPmax . If maximum power occurs at multiple speeds, take f nPmax as the lowest of these speeds. Divide every recorded power b y P max and divide every recorded speed b y f nPmax . The result is a normalized power - versus - speed map. Your measured T

test is the torque at which the sum of the squares of normalized speed and power is maximum. Note that that if multiple maximum values are found, T te st should be taken as the highest torque of all points with the same maximum sum of sq uares. Determine T

test as follows : 

#  

2 2 test i nnormi normi at the maximum of T T f P  

Eq. 1065.610 - 3 Where: T test = maximum test torque. Example: ( f nnorm1 = 1.002, P

norm1 = 0.978, T

1 = 722.62 N ·m) ( f nnorm2 = 1.004, P

norm2 = 0.977, T

2 = 720.44 N ·m) ( f nnorm3 = 1.006, P

norm3 = 0.974, T

3 = 716.80 N ·m) ( f nnorm1 2 + P

norm1 2 ) = (1.002 2 + 0.978 2 ) = 1.960 ( f nnorm1 2 + P

norm1 2 ) = (1.004 2 + 0.977 2 ) = 1.963 ( f nnorm1 2 + P

norm1 2 ) = (1.006 2 + 0.974 2 ) = 1.961 maximum = 1.963 at i = 2 T test = 720.44 N ·m (2) * * * (c) * * ****** E.O. 12866 Review**
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800 of 971 (1) % speed . If your normalized duty cycle specifies % speed values, use your warm idle speed and your maximum tes t speed to transform the duty cycle, as follows: f nref = % speed · (

f ntest – f nidle ) + f

nidle Eq. 1065.610 - 4 Example: % speed = 85 % f ntest = 2364 r/min f nidle = 650 r/min f nref = 85 % · (2364

– 650 ) + 650 f nref = 2107 r/min (2) A, B, and C speeds . If your normalized duty cycle specifies speeds as A, B, or C values, use your power - versus - speed curve to determine the lowest speed below maximum power at which 50 % of maximum power occurs. Denote this value as n lo . Take n lo to be warm idle speed if all po wer points at speeds below the maximum power speed are higher than 50 % of maximum power. Also determine the highest speed above maximum power at which 70 % of maximum power occurs. Denote this value as n hi . I f all power points at speeds above the maximum power speed are higher than 70% of maximum power, take n hi to be the declared maximum safe engine speed or the declared maximum representative engine speed, whichever is lower. Use n hi and n lo to calculate reference values for A, B, or C speeds as foll ows: f nrefA = 0.25 · ( n hi – n lo ) + n lo

Eq. 1065.610 - 5 f nrefB = 0.50 · ( n hi – n lo ) + n lo

Eq. 1065.610 - 6 f nrefC = 0.75 · ( n hi – n lo ) + n lo

Eq. 1065.610 - 7 Example: n lo = 1005 r/min n hi = 2385 r/min f nrefA = 0.25 · (2385

– 1005) + 1005***** E.O. 12866 Review**
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801 of 971 f nrefB = 0.50 · (2385

– 1005) + 1005 f nrefC = 0.75 · (2385

– 1005) + 1005 f nrefA = 1350 r/min f nrefB = 1695 r/min f nrefC = 2040 r/min (3) Intermediate speed . If your normalized duty cycle specifies a speed as “intermediate speed,” use your torque - versus - speed c urve to determine the speed at which maximum torque occurs. This is peak torque speed. If maximum torque occurs in a flat region of the torque - versus - speed curve, your peak torque speed is the midpoint between the lowest and highest speeds at which the trace reaches the flat region. For purposes of this paragraph (c)(3), a flat region is one in which measured torque values are within 2 % of the maximum recorded value. Identify your reference intermediate speed as one of the following values: * * * * * 74. Section 1065.640 is amended by revising paragraphs (b)(1), (b)(2), (b)(5), (e)(3), (e)(4), and (e)(7) as follows: **§1065.640 Flow meter calibration calculations**  **.** * * * * * (b) * * * (1) PDP volume pumped per revolution, V rev (m 3 /r):

ref in rev in nPDP n R T V P f   

  Eq. 1065.640 - 2 Example:
ref 

### n & = 25.096 mol/s R = 8.314472 J/(mol ·K)

in 

### T = 299.5 K

in 

### P = 98290 Pa***** E.O. 12866 Review**
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802 of 971 nPDP 

### f = 1205.1 r/min = 20.085 r/s 

### 25.096 8.314472 299.5 98290 20.085 rev 

### V   

 V rev = 0.03166 m 3 /r (2) PDP slip correction factor, K s (s/r):

out in s nPDP out 1 P P K f P

   Eq. 1065.640 - 3 Example:

nPDP 

### f = 1205.1 r/min = 20.085 r/s

out 

### P = 100.103 kPa

in 

### P = 98.290 kPa

s 1 1 00.103 98.290 20.085 100.103 K    K s = 0.006700 s/r (3) * * * (4) * * * (5) The following example illustrates these calculations: Table 1 of §1065.640

– Example of PDP calibration data

nPDP f (r/min) a 1

(m3 /min) a 0

(m3 /r)***** E.O. 12866 Review**
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803 of 971 755.0 50.43 0.056 987.6 49.86 - 0.013 1254.5 48.54 0.028 1401.3 47.30 - 0.061 (e) * * * (3) If the standard deviation of all the C d values is less than or equal to 0.3 % of the mean C d , use the mean C d in Eq 1065.642 - 6, and use the CFV onl y up to the highest r measured during calibration using the following equation:

CFV in 1 p r p    Eq. 1065.640 - 13 Where:  p CFV = Differential static pressure; venturi inlet minus venturi outlet. (4) If the standard deviation of all the C d values exceeds 0.3 % of the mean C d , omit the C d values corresponding to the data point collected at the highest r measured during calibration. * * * * * (7) If the standard deviation of the remaining C d values is less than or equal to 0.3 % of the mean of the remaining C d , use that mean C d in Eq 1065.642 - 6, and use the CFV values only

up to the highest r associated with the remaining C d . * * * * * 75. Section 1065.642 is amended by revising paragraph (a) as follows : **§1065. 642 SSV, CFV, and PDP molar flow rate calculations**  **.******* E.O. 12866 Review**
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804 of 971 * * * * * (a) PDP molar flow rate . Based upon the speed at which you operate the PDP for a test interval, select the corresponding slope, a 1 , and intercept, a 0 , as calculated in §1065.640, to cal culate molar flow rate, 

### n  as follows:

nPDP in rev

in p V n f R T

  

  Eq. 1065.642 - 1 Where:

nPDP

1 out in rev 0 out a p p V a f p    

Eq. 1065.642 - 2 Example: a 1 = 50.43 (m 3 /min) = 0.8405 (m 3 /s)

nPDP 

### f = 755.0 r/min = 12.58 r/s p out = 99950 Pa p in = 98575 Pa a 0 = 0.056 (m 3 /r) R = 8.314472 J/(mol·K) T in = 323.5 K C p = 1000 (J/m 3 )/kPa C t = 60 s/min

rev 0.8405 99950 98575 0.056 12.58 99950 V     V rev = 0.06383 m 3 /r***** E.O. 12866 Review**
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805 of 971 

### 98575 0.06383 12.58 8.314472 323.5 n   

  

### n & = 29.428 mol/s * * * * * 76. Section 1065.645 is amended by revising the introductory paragraph and paragraph (a) as follows: **§1065.645 Am**  **ount of water in an ideal gas .**  This section describes how to determine the amount of water in an ideal gas, which you need for various performance verifications and emission calculations. Use the equation for the vapor pressure of water in paragraph (a) of this section or another appropriate equation and, depending on whether you measure dewpoi nt or relative humidity , perform one of the calculations in paragraph (b) or (c) of this section. The equations for the vapor pressure of water as presented in this section are derived from equations in “Saturation Pressure of Water on the New Kelvin Temp erature Scale” (Goff, J.A., Transactions American Societ y of Heating and Air - Conditioning Engineers, Vol. 63, No. 1607, pages 347

– 354). Note that the equations were originally published to derive vapor pressure in units of atmospheres and have been modi fied to derive results in units of kPa by converting the last term in each equation. (a) Vapor pressure of water . Calculate the vapor pressure of water for a given saturation temperature condition, T sat , as follows, or use good engineering judgment to use a different relationship of the vapor pressure of water to a given saturation temperature condition: (1) For humidity

measurements made at ambient temperatures from (0 to 100) °C, or for humidity measurements made over super - cooled water at ambient temper atures from (

– 50 to 0) °C, use the following equation:

sat

sat 8 2 969 1 4 273.16 sat 10 H2O 10 sat 273.16 4.76955 1 3 .

273.16 log ( ) 10.79574 1 5 .02800 log 1.50475 10 1 1 0 273.16 0.42873 10 10 1 0 .2138602 T

T T p T  

    

    

   

    

              

                    

  Eq. 1065.645 - 1 Where: p H20 = vapor pressure of water at saturation temperature condition, kPa. T sat = saturation temperature of water at measured conditions, K.***** E.O. 12866 Review**
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806 of 971 Example: T sat = 9.5 °C T sat = 9.5 + 273.15 = 282.65 K

282.65 8.2969 1 4 273.16 10 H2O 10 273.16 4.76955 1 3 282.65

273.16 282.65 log ( ) 10.79574 1 5 .02800 log 1.50475 10 1 1 0 282.65 273.16 0.42873 10 10 1 0 .2138602 p  

    

    

   

    

                               

    log 10 ( p H20 ) = 0.074297 p H20 = 10 0.074297 = 1.186581 kPa (2) For humidity

measurements over ice at ambient tempe ratures from (

– 100 to 0) °C, use the following equation:

10 H2O 10 sat sat sat 273.16 273.16 log ( ) 9.096853 1 3 .566506 log 0.876812 1 0 .2138602

273.16 p T T

T          

             

   

Eq. 1065.645 - 2 Example: T ice = – 15.4 °C T ice = – 15.4+ 273.15 = 257.75 K

10 H2O 10

273.16 273.16 log ( ) 9.096853 1 3 .566506 log 257.75 257.75 257.75 0.876812 1 0 .2138602

273.16 p          

             

    log 10 ( p H20 ) =

– 0.798207 p H20 = 10 –0.79821 = 0.159145 kPa***** E.O. 12866 Review**
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807 of 971 * * * * * 77. Section 1065.650 is amended by revising paragraphs (c) introductory text, (c)(1), (c)(4), (d)(7), (e)(4), (f)(4), and adding paragraph (c)(5) to read as follows: **§1065.650 Emission calculations**  **.** * * * * * (c) Total mass of emissi ons over a test interval . To calculate the total mass of an emission, multiply

a concentration b y its respective flow. For all s ys tems, make preliminary

calculations as described in paragraph (c)(1) of this section to correct concentrations. Next, use th e method in paragraphs (c)(2) through (4) of this section that is appropriate for your s ystem. Finally, if necessary, calculate the mass of NMHC as described in paragraph (c)(5) of this section for all sy stems. Calculate the total mass of emissions as fo llows: (1) Concentration corrections . Perform the following sequence of preliminary calculations on recorded concentrations: (i) Correct all gaseous emission analy zer concentration readings, including continuous readings, sample bag readings, and dilution air background readings, for drift as described in §1065.672. Note that you must omit this step where brake - specific emissions are calculated without the drift correction for performing the drift validation according to §1065.550(b). When applying the in itial THC and CH 4 contamination readings according to §1065.520(g), use the same values for both sets of calculations. You may also use as - measured values in the initial set of calculations and corrected values in the drift - corrected set of calculations a s described in §1065.520(g)(7). (ii) Correct all THC and CH 4 concentrations, including continuous readings, sample bags readings, and dilution air background readings, for initial contamination, as described in §1065.660(a). (iii) Correct all concentration s measured on a “dry” basis to a “wet” basis, including dilution air background concentrations, as described in §1065.659. (iv) Calculate all NMHC and CH 4 concentrations, including dilution air background concentrations, as described in §1065.660. (v) For emission testing with an oxygenated fuel, calculate any HC concentrations, including dilution air background concentrations, as described in §1065.665. See subpart I of this part for testing with oxygenated fuels. (vi) Correct all the NO x concentrations, including dilution air background concentrations, for intake - air humidity

as described in §1065.670.***** E.O. 12866 Review**
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808 of 971 * * * * * (4) Additional provisions for diluted exhaust sampling; continuous or batch . The following additional provisions apply for sampling emissions fro m diluted exhaust: (i) For sampling with a constant dilution ratio, DR , of diluted exhaust versus exhaust flow (e.g., secondary

dilution for PM sampling), calculate m using the following equation: m PM = m PMdil · DR Eq. 1065.650 - 9 Example: m PMdil = 6.853 g DR = 6:1 m PM = 6.853 · 6 m PM = 41.118 g (ii) For continuous or batch sampling, you may measure background emissions in the dilution air. You may

then subtract the measured background emissions, as described in §1065.667. (5) Mass of NMHC . Compare the cor rected mass of NMHC to corrected mass of THC. If the corrected mass of NMHC is greater than 0.98 times the corrected mass of THC, take the corrected mass of NMHC to be 0.98 times the corrected mass of THC. If you omit the NMHC calculations as described i n §1065.660(b)(1), take the corrected mass of NMHC to be 0.98 times the corrected mass of THC. * * * * * (d) * * * (7) Integrate the resulting values for power over the test interval. Calculate total work as follows:

i i 1 N W P t

    

##  Eq. 1065.650 - 10 Where: W = total work from the primary output shaft***** E.O. 12866 Review**
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809 of 971 Pi = instantaneous power from the primary output shaft over an interval i . Pi = f ni · T i Eq. 1065.650 - 11 Example: N = 9000 f n1 = 1800.2 r/min f n2 = 1805.8 r/min T 1 = 177. 23 N · m T 2 = 175.00 N · m C rev = 2 ·  rad/r C t1 = 60 s/min C p = 1000 (N ·m·rad/s)/kW f record = 5 Hz C t2 = 3600 s/hr

1 

### 1800.2 177.23 2 3 .14159

60 1000 P    

 P 1 = 33.41 kW P2 = 33.09 kW Using Eq. 1065.650 - 5,  t = 1/5 = 0.2 s

9000 

### (33.41 33.09 ... ) 0 .2

3600 P W      W = 16.875 kW ·hr * * * * ****** E.O. 12866 Review**
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810 of 971 (e) * * * (4) The following example shows how to calculate mass of emissions using mean mass rate and mean power: M CO = 28.0101 g/mol

CO x = 12.00 mmol/mol = 0.01200 mol/mol n  = 1.530 mol/s

n 

### f = 3584.5 r/min = 375.37 rad/s T = 121.50 N·m 28.0101 0.01200 1.530 m     m  = 0.514 g/s = 1850.4 g/hr 121.5 375.37 P   P = 45607 W P = 45.607 kW e CO = 1850.4/45.61 e CO = 40.57 g/(kW ·hr) * * * * * (f) * * * (4) Example. The following example shows how to calculate mass of emissions using proportional values: N = 3000 f record = 5 Hz e fuel = 285 g/(kW ·hr) w fuel = 0.869 g/g M c = 12.0107 g/mol

1 

### n   = 3.922 mol/s = 14119.2 mol/hr***** E.O. 12866 Review**
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811 of 971 x Ccombdry1 = 91.634 mmol/mol = 0.091634 mol/mol xH2Oexh1 = 27.21 mmol/mol = 0.02721 mol/mol Using Eq. 1065.650 - 5,  t = 0.2 s

2 C combdry2 3000 Ccombdry3000 H2Oexh2 H2Oexh3000 

### 3.922 0.091634 12.0107 ... 0.2

1 0 .02721 1 1

285 0.869 n x n x x x W                 

    

 W  = 5.09 (kW ·hr) * * * * * 78. Section 1065.655 is amended by adding a new paragraph (f) and revising paragraphs (b)(1), (b)(2), (b)(3), (c)(5), (d), and (e)(3) as follows: **§1065.655 Chemical balances**  **of fuel, intake air, and exhaust .**  * * * * * (b) * * * (1) A value proportional to total work, W  when you choose to determine brake - specific emissions as described in §1065.650(f). (2) The amount of water in a raw or diluted exhaust flow, xH2Oexh , when yo u do not measure the amount of water to correct for the amount of water removed by a sampling sy stem. Correct for removed water according to §1065.659. (3) The calculated dilution air flow when you do not measure dilution air flow to correct for background emissions as described in §1065.667(c) and (d). (c) * * * (5) The following example is a solution for x dil/exh , xH2Oexh , and x Ccombdry using the equat ions in paragraph (c)(4) of this section:

dil/exh 

### 0.184 1 0 .822 35.37 1 1000 x m ol mol = - = +***** E.O. 12866 Review**
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812 of 971 H2Oexh 

### 35.37 34.16

35.37 1+ 1000 x m mol mol = =

Ccombdry 

### 29.3 47.6 0.371 0.369 0.0252 0.851 0.172 0.0249 1000000 1000000 1000 1000 x m ol mol         

##   H2dry 29.3 0.034 0.012 0.851 8.5

25.2 0.371 3.5 0.851 1000 1000 x m ol mol        

      

H2Oexhdry 1.8 47.6 8.5

0.0249 0.012 0.851 0.017 0.172 0.0353 2 1 000000 1000000 x m ol mol

              di l/exhdry 

### 0.822 0.851 1-0.034 x m ol mol = =

int/exhdry 1.8 47.6 0.050 2 2 0.0003 0.0249 2 1 000000 1 0.172 2 0 .206 29.3 50.4 12.1 8.5 2 1000000 1000000 1000000 1000000 x m ol mol

                       

  

         

raw/exhdry 1.8 47.6

0.050 0.0001 0.0249 2 1 000000 1 0.172 0.184 2 47.6 29.3 12.1 8.5 2 1000000 1000000 1000000 1000000 x m ol mol

                                  

O2 int 0.209820 0.000375 0.206

17.22 1 1000 x m ol mol

- = = +

CO2int 

### 0.000375 1000 0.369

17.22 1 1000 x m mol mol

   

H2Ointdry 16.93 17.22

16.93 1 1000 x m mol mol = =

-***** E.O. 12866 Review**
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813 of 971 CO2dil 0.375 0.371

12.01 1 1000 x m mol mol = = +

H2Odildry 11.87 =12.01

11.87 1 1000 x m mol mol =

-

COdry 29.0 = 2 9.3 8.601 1 1000 x m ol mol

m =

-

CO 2dry 24.98 = 2 5.2 8.601 1 1000 x m mol mol

=

-

NOdry 50.0 = 5 0.4 8.601 1 1000 x m ol mol

m =

-

NO 2dry 12.0 = 1 2.1 8.601 1 1000 x m ol mol

m =

-

THCdry 46 = 4 7.6 34.16 1 1000 x m ol mol m =

-

 = 1.8  = 0.05  = 0.0003  = 0.0001 * * * * ****** E.O. 12866 Review**
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814 of 971 (d) * * * (1) You may

calculate w c as described in this paragraph (d)(1) based on measured fuel properties. To do so, yo u must determine values for  and  in all cases, but you may set  and  to zero if the default value listed in Table 1 of this section is zero. Calculate w c using the following equation:
C c C H O S N

1 1 M w M M M M M

   

          

Eq. 1065.655 - 19 Where: w c = carbon mass fraction of fuel. M C = molar mass of carbon.  = atomic hydrogen - to - carbon ratio of the mixture of fuel(s) being combusted, weighted by molar consumption. M H = molar mass of h ydrogen.  = atomic ox ygen - to - carbon ratio of the mixture of fuel(s) being combusted, weighted by mol ar consumption. M O = molar mass of ox ygen.  = atomic sulfur - to - carbon ratio of the mixture of fuel(s) being combusted, weighted b y molar consumption. M S = molar mass of sulfur.  = atomic nitrogen - to - carbon ratio of the mixture of fuel(s) being combusted, weighted by molar consumption. M N = molar mass of nitrogen. Example:  = 1.8  = 0.05  = 0.0003***** E.O. 12866 Review**
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815 of 971  = 0.0001 M C = 12.0107 M H = 1.01 M O = 15.9994 M S = 32.065 M N = 14.0067

c 

### 1 1 2.0107 1 1 2.0107 1.8 1.01 0.05 15.9994 0.0003 32.065 0. 0001 14.0067 w            w c = 0.8205***** E.O. 12866 Review**
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816 of 971 (2) You may

use the default values in the following table to determine w c for a given fuel: Table 1 of §1065.655

–Default values of  ,  ,  ,  , and w c , for various fuels

Fuel Atomic hydrogen,

oxygen, sulfur, and nitrogen - to - carbon ratios CH α O β S  N  Carbon mass

fraction, w c g/g

Gasoline CH 1.85 O 0 S 0N 0 0.866 E10 Gasoline CH 1.92 O 0.03 S 0N 0 0.833 E15 Gasoline CH 1.95 O 0.05 S 0N 0 0.817 E85 Gasoline CH 2.73 O 0.38 S 0N 0 0.576 #1 Diesel CH 1.93 O 0 S 0N 0 0.861 #2 Diesel CH 1.80 O 0 S 0N 0 0.869 Liquefied Petroleum Gas CH 2.64 O 0 S 0N 0 0.819 Natural gas CH 3.78 O 0.016 S 0N 0 0.747 E100 Ethanol CH 3 O 0.5 S 0N 0 0.521 M100 Methanol CH 4 O 1 S 0N 0 0.375

Residual fuel blends Must be determined by measured fuel properties as described in paragraph (d)(1) of this section.***** E.O. 12866 Review**
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817 of 971 (e) * * * (3) Fuel mass flow rate calculation . Based on fuel m  , calculate exh

n  as follows: 

#   fuel c H 2Oexhdry exh c C combdry

1 m w x n M x

   

 

 Eq. 1065.655 - 21 Where:
exh n  = raw exhaust molar flow rate from which you measured emi ssions.

fuel m  = fuel flow rate including humidity in intake air. Example:
fuel m  = 7.559 g/s w c = 0.869 g/g M C = 12.0107 g/mol x Ccombdry = 99.87 mmol/mol = 0.09987 mol/mol xH20exhdry = 107.64 mmol/mol = 0.10764 mol/mol



##   exh 7.559 0.869 1 0 .10764

12.0107 0.09987 n    

 

exh n  = 6.066 mol/s (f) Calculated raw exhaust molar flow rate from measured intake air molar flow rate, dilute exhaust molar flow rate, and dilute chemical balance. You may calculate the raw exhaust molar flow rate, exh n  , based on the measured intake air molar flow rate, int n  , the measured dilute exhaust molar flow rate, dexh n  , and the values calculated using the chemical balance in paragraph (c) of this section. Note that the chemical balance must be based on dilute exhaust gas concentrations. For continuous - flow calculations, solve for the chemical balance in paragraph (c) of this section at the same frequency that you update and record int

n  and dexh n  . This calculated exh

n  may be used for the PM dilution***** E.O. 12866 Review**
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818 of 971 ratio verification in §1065.546; the calculation of dilution air mol ar flow rate in the background correction in §1065.667; and the calculation of mass of emissions in §1065.650(c) for species that are measured in the raw exhaust. (1) Crankcase flow rate . If engines are not subject to crankcase controls under the standard - setting part, calculate raw exhaust flow as described in paragraph (e)(1) of this section. (2) Dilute exhaust and intake air molar flow rate calculation . Calculate exh n  as follows: 

#     exh raw/exhdry int/exhdry H2Oexh dexh int 1 n x x x n n         

Eq. 1065.655 - 22 Example:

int 7.930 mol /s n   raw/exhdry 

### 0.1544 mo l/mol x  mol/mol

1451 . 0 int/exhdry 

###  x

H2Oexh 32.46 mmol/mol 0.03246 mol/mol x   dexh 49.02 mol/s n   

##     exh 

### 0.1544 0.1451 1 0 .03246 49.02 7.930 0.4411 7.93 0 8 .371 mol/s n           * * * * * 79. Section 1065.659 is amended by revising paragraphs (a), (b), and (c) to read as follows: **§1065.659 Removed water correction .**  (a) If you remove water upstream of a concentration measurement, x , or upstream of a flow measurement, n, correct for the removed water. Perform this correction based on the amount of water at the concentration measure ment, xH2O[emission]meas , and at the flow meter, xH2Oexh , whose flow is used to determine the mass emission rate or total mass over a test interval. For continuous anal yz ers downstream of a sample dry er for transient and ramped - modal cycles, yo u must appl y this correction on a continuous basis over the test interval, even if you use one of the options in §1065.145(e)(2) that results in a constant***** E.O. 12866 Review**
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819 of 971 value for xH2O[emission]meas because xH2Oexh varies over the test interval. For batch anal yz ers, determine the flow - weighted average based on the continuous x H2Oexh values determined as described in paragraph (c) of this section. For batch anal yz ers, you may determine the flow - weighted average x H2Oexh based on a single value of xH2Oexh determined as described in paragraphs (c)(2) and (3) of this section, using flow - weighted average or batch concentration inputs. (b) Determine the amount of water remaining downstream of a sample dry er and at the concentration measurement using one of the methods described in §1065. 145(e)(2). If yo u use a sample dryer upstream of an anal yz er and if the calculated amount of water remaining downstream of the sample dryer and at the concentration measurement, xH2O[emission]meas , is higher than the amount of water at the flow meter, xH2 Oexh , set xH2O[emission]meas equal to xH2Oexh . If you use a sample dryer upstream of storage media, yo u must be able to demonstrate that the sample dryer is removing water continuously (i.e., xH2Oexh is higher than xH2O[emission]meas throughout the test i nterval). (c) For a concentration measurement where you did not remove water, you may set xH2O[emission]meas equal to xH2Oexh . You may determine the amount of water at the flow meter, xH2Oexh , using an y of the following methods: (1) Measure the dewpoint and absolute pressure and calculate the amount of water as described in §1065.645. (2) If the measurement comes from raw exhaust, you may determine the amount of water based on intake - air humidity , plus a chemical balance of fuel, intake air, and exhaust a s described in§1065.655. (3) If the measurement comes from diluted exhaust, you may determine the amount of water based on intake - air humidity , dilution air humidity , and a chemical balance of fuel, intake air, and exhaust as described in §1065.655. (d) * * * 80. Section 1065.660 is amended by revising paragraphs all paragraphs to read as follows: **§1065.660 THC, NMHC, and CH 4**  **determination .**  (a) THC determination and initial THC/CH 4 contamination corrections . (1) If we require yo u to determine THC emissions, c alculate x THC[THC - FID]cor using the initial THC contamination concentration x THC[THC - FID]init from §1065.520 as follows: x THC[THC - FID]cor = x THC[THC - FID]uncor – x THC[THC - FID]init

Eq. 1065.660 - 1***** E.O. 12866 Review**
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820 of 971 Example: x THCuncor = 150.3 μmol/mol x THCinit = 1.1 μmol/mol x T HCco r = 150.3

– 1.1 x THCcor = 149.2 μmol/mol (2) For the NMHC determination described in paragraph (b) of this section, correct x THC[THC - FID] for initial THC contamination using Eq. 1065.660 - 1. You may correct x THC[NMC - FID] for initial contamination of the CH 4 sample train using Eq. 1065.660 - 1, substituting in CH 4 concentrations for THC. (3) For the CH 4 determination described in paragraph (c) of this section, you may correct x THC[NMC - FID] for initial THC contamination of the CH 4 sample train using Eq. 1065.660 - 1, substituting in CH 4 concentrations for THC. (b) NMHC determination . Use one of the following to determine NMHC concentration, x

NMHC : (1) If you do not measure CH 4 , you may omit the calculation of NMHC concentrations and calculate the mass of NMHC as described in §1065.650(c)(5). (2) For nonmethane cutters, calculate x NMHC using the nonmethane cutter’s penetration fraction ( PF ) of CH 4 and the response factor penetration fraction ( RFPF ) of C 2 H 6 from §1065.365, the response factor (RF ) of the THC FID to CH 4 from §1065.360, the initial THC contamination and dry - to - wet corrected THC concentration x THC[THC - FID]cor as determined in paragraph (a) of this section, and the dry - to - wet corrected CH 4 concentration x THC[NMC - FID]cor opt ionally corrected for initial THC contamination as determined in paragraph (a) of this section. (i) Use the following equation for penetration fractions determined using an NMC configuration as outlined in §1065.365(d):

THC[THC-FID]cor THC[NMC-FID]cor CH4[THC-FI D] NMHC C2H6[NMC-FID] CH4[THC-FID]



### 1 x x RF x RFPF RF

  

 

Eq. 1065.660 - 2 Where: x NMHC = concentration of NMHC. x THC[THC - FID]cor = concentration of THC, initial THC contamination and dry - to - wet***** E.O. 12866 Review**
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821 of 971 corrected, as measured by the THC FID during sampling while b ypassing the NMC. x THC[NMC - FID]cor = concentration of THC, initial THC contamination (optional) and dry - to wet corrected, as measured by the NMC FID during sampling through the NMC. RF CH4[THC - FID] = response factor of THC FID to CH 4 , according to §1065.360(d). RFPF C2H6[NMC - FID] = nonmethane cutter combined ethane response factor and penetration fraction, according to §1065.365(d). Example: x THC[THC - FID]cor = 150.3 μmol/mol x THC[NMC - FID]cor = 20.5 μ mol/mol RFPF C2H6[NMC - FID] = 0.019 RF CH4[THC - FID] = 1.05

NMHC 

### 150.3 20.5 1.05 1 0 .019 1.05 x   

  x NMHC = 131.4 μmol/mol (ii) For penetration fractions determined using an NMC configuration as outlined in section §1065.365(e), use the following equation:

THC[THC-FID]cor CH4[NMC-FID] THC[NMC-FID]c or NMHC CH4[NMC-FID] C2H6[NMC-FID] 

### x P

F x x PF PF

  



Eq. 1065.660 - 3 Where: x NMHC = concentration of NMHC. x THC[THC - FID]cor = concentration of THC, initial THC contamination and dry - to - wet corrected, as measured by the THC FID during sampling while b ypassing the NMC. PF CH4[NMC - FID] = nonmethane cutter CH 4 penetration fraction, according to §1065.365(e). x THC [NMC - FID]cor = concentration of THC, initial THC contamination (optional) and dry - to wet corrected, as measured by the THC FID during sampling through the NMC.***** E.O. 12866 Review**
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822 of 971 PF C2H6[NMC - FID] = nonmethane cutter ethane penetration fraction, according to §1065.365(e). E xample: x THC[THC - FID]cor = 150.3 μ mol/mol PF CH4[NMC - FID] = 0.990 x THC[NMC - FID]cor = 20.5 μ mol/mol PF C2H6[NMC - FID] = 0.020

NMHC 

### 150.3 0.990 20.5 0.990 0.020 x   

 x NMHC = 132.3 μ mol/mol (iii) For penetration fractions determined using an NMC configuration as outlined in section §1065.365(f), use the following equation:

THC[THC-FID]cor CH4[NMC-FID] THC[NMC-FID]c or CH4[THC-FID] NMHC CH4[NMC-FID] C2H6[NMC-FID] CH4[THC-FID] 

### x P

F x RF x PF RFPF RF

   

 

Eq. 1065.660 - 4 Where: x NMHC = concentration of NMHC. x THC[THC - FID]cor = concentration of THC, initial THC contamination and dry - to - wet corrected, as measured by the THC FID during sampling while by passing the NMC. PF CH4[NMC - FID] = nonmethane cutter CH 4 penetration fraction, according to §1065.365(f). x THC[NMC - FID]cor = concentration of THC, initial THC contamination (optional) and dry - to wet corrected, as measured by the THC FID during sampling through the NMC. RFPF C2H6[NMC - FID] = nonmethane cutter CH 4 combined ethane response factor and penetration fraction, according to §1065.365(f). RF CH4[THC - FID] = response factor of THC FID to CH 4 , according to §1065.360(d).***** E.O. 12866 Review**
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823 of 971 Exam ple: x THC[THC - FID]cor = 150.3 μ mol/mol PF CH4[NMC - FID] = 0.990 x THC[NMC - FID]cor = 20.5 μ mol/mol RFPF C2H6[NMC - FID] = 0.019 RF CH4[THC - FID] = 0.980

NMHC 

### 150.3 0.990 20.5 0.980 0.990 0.019 0.980 x    

  x NMHC = 132.5 μ mol/mol (3) For a GC - FID, calculate x NMHC using the THC anal yz er’s response factor ( RF ) for CH 4 , from §1065.360, and the initial THC contamination and dry - to - wet corrected THC concentration x THC[THC - FID]cor as determined in paragraph (a) of this section as follows:

NMHC THC[THC-FID]cor CH4[THC-FID] CH4 

### x x RF x    Eq. 1065.660 - 5 Where: x NMHC = concentration of NMHC. x THC[THC - FID]cor = concentration of THC, initial THC contamination and dry - to - wet corrected, as measured by the THC FID. x CH4 = concentration of CH 4 , dry - to - wet corrected, as measured by the GC - FID. RF CH4[THC - FID] = response factor of THC - FI D to CH 4 . Example: x THC[THC - FID[cor = 145.6 μmol/mol RF CH4[THC - FID] = 0.970 x CH4 = 18.9 μmol/mol x NMHC = 145.6

– 0.970 · 18.9 x NMHC = 127.3 μmol/mol***** E.O. 12866 Review**
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824 of 971 (c) CH 4 determination . Use one of the following methods to determine CH 4 concentration, x CH4 : (1) For nonmethane cutters, calculate x CH4 using the nonmethane cutter’s penetration fraction ( PF ) of CH 4 and the response factor penetration fraction ( RFPF ) of C 2 H 6 from §1065.365, the response factor (RF ) of the THC FID to CH 4 from §1065.360, the initial THC contamination and dry - to - wet corrected THC concentration x THC[THC - FID]cor as determined in paragraph (a) of this section, and the dry - to - wet corrected CH 4 concentration x THC[NMC - FID]cor optionally corrected for initial THC contamination as determined in paragraph (a) of this section. (i) Use the following equation for penetration fractions determined using an NMC configuration as outlined in §1065.365(d):

THC[NMC-FID]cor THC[THC-FID]cor C2H6[NMC-F ID] CH4 C2H6[NMC-FID] CH4[THC-FID]



### 1 x x RFPF x RFPF RF

  

 

Eq. 1065.660 - 6 Where: x CH4 = concentration of CH 4 . x THC[NMC - FID]cor = concentration of THC, initial THC contamination (optional) and dry - to wet corrected, as measured by the NMC FID during sampling through the NMC. x THC[THC - FID]cor = concentration of THC, initial THC contamination and dry - to - wet corrected, as measured by the THC FID during sampling while b ypassing the NMC. RFPF C2H6[NMC - FID] = the combined ethane response factor and penetration fraction of the nonmethane cutter, according to §1065.365(d). RF CH4[THC - FID] = response f

actor of THC FID to CH 4 , according to §1065.360(d). Example: x THC[NMC - FID]cor = 10.4 μmol/mol x THC[THC - FID]cor = 150.3 μmol/mol RFPF C2H6[NMC - FID] = 0.019 RF CH4[THC - FID] = 1.05***** E.O. 12866 Review**
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825 of 971 CH4 

### 10.4 150.3 0.019 1 0 .019 1.05 x   

  x CH4 = 7.69 μmol/mol (ii) For penetration fractions determined using an NMC configuration as outlined in §1065.365(e), use the following equation:



#   THC[NMC-FID]cor THC[THC-FID]cor C2H6[NMC-F ID] CH4 CH4[THC-FID] CH4[NMC-FID] C2H6[NMC-FID] 

### x x PF x RF PF PF

  

 

Eq. 1065.660 - 7 Where: x CH4 = concentration of CH 4 . x THC[NMC - FID]cor = concentration of THC, initial THC contamination (optional) and dry - to wet corrected, as measured by the NMC FID during sampling through the NMC. x THC[THC - FID]cor = concentration of THC, initial THC contamination and dry - to - wet corrected, as measured by the THC FID during sampling while by passing the NMC. PF C2H6[NMC - FID] = nonmethane cutter ethane penetration fraction, according to §1065.365(e). RF CH4[THC - FID] = response factor of THC FID to CH 4 , according to §1065.360(d). PF CH4[NMC - FID] = nonmethane cutter CH 4 penetration fraction, according to §1065.365(e). Example: x THC[NMC - FID]cor = 10.4 μ mol/mol x THC[THC - FID]cor = 150.3 μmol/mol PF C2H6[NMC - FID] = 0.020 RF CH4[THC - FID] = 1.05 PF CH4[NMC - FID] = 0.990 

##   CH4 10.4 150.3 0.020 1.05 0.990 0.020 x   

 ***** E.O. 12866 Review**
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826 of 971 x CH4 = 7.25 μ mol/mol (iii) For penetration fractions determined using an NMC configuration as outlined in §1065.365(f), use the following equation:

THC[NMC-FID]cor THC[THC-FID]cor C2H6[NMC-F ID] CH4 CH4[NMC-FID] C2H6[NMC-FID] CH4[THC-FID] 

### x x RFPF x PF RFPF RF

  

 

Eq. 1065.660 - 8 Where: x CH4 = concentration of CH 4 . x THC[NMC - FID]cor = concentration of THC, initial T HC contamination (optional) and dry - to wet corrected, as measured by the NMC FID during sampling through the NMC. x THC[THC - FID]cor = concentration of THC, initial THC contamination and dry - to - wet corrected, as measured by the THC FID during sampling while by passing the NMC. RFPF C2H6[NMC - FID] = the combined ethane response factor and penetration fraction of the nonmethane cutter, according to §1065.365(f). PF CH4[NMC - FID] = nonmethane cutter CH 4 penetration fraction, according to §1065.365(f). RF CH4[THC - FID] = response factor of THC FID to CH 4 , according to §1065.360(d). Example: x THC[NMC - FID]cor = 10.4 μmol/mol x THC[THC - FID]cor = 150.3 μmol/mol RFPF C2H6[NMC - FID] = 0.019 PF CH4[NMC - FID] = 0.990 RF CH4[THC - FID] = 1.05

CH4 

### 10.4 150.3 0.019 0.990 0.019 1.05 x   

  x CH4 = 7.78 μ mol/mol***** E.O. 12866 Review**
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827 of 971 (2) For a GC - FID, x CH4 is the actual dry - to - wet corrected CH 4 concentration as measured by the anal yz er. * * * * * 81. Section 1065.667 is amended by adding a new paragraph (f) and revising paragraphs (a), (b), (c), (d), and (e) to read as follows: **§1065.667 Dilution air background emission correction.** (a) To determine the mass of background emissions to subtract from a diluted exhaust sample, first determine the total flow of dilution air, n dil , over the test interval. This may be a measured quanti ty

or a calculated quantit y . Multiply the total flow of dilution air by the mean mole fraction (i.e., concentration) of a background emission. This may be a time - weighted mean or a flow - weighted mean (e.g., a proportionall y sampled background). Finall y, multiply by the molar mass, M

, of the associated gaseous emission constituent. The product of n dil and the mean molar concentration of a background emission and its molar mass, M , is the total background emission mass, m . In the case of PM, where the mean PM concentration is already in units of mass per mole of sample, PM



### M , multiply

it by the total amount of dilution air flow, and the result is the total background mass of PM, m PM . Subtract total background mass from total mass to correct for background emissions. (b) You may

determine the total flow of dilution air by a d irect flow measurement. (c) You may

determine the total flow of dilution air by subtracting the calculated raw exhaust molar flow as described in §1065.655(f) from the measured dilute exhaust flow. This may be done by

totaling continuous calculations or b y using batch results. (d) You may

determine the total flow of dilution air from the measured dilute exhaust flow and a chemical balance of the fuel, intake air, and dilute exhaust as described in §1065.655. For this option, the molar flow of dilution air is calculated b y multiplying the dilute exhaust flow by the mole fraction of dilution gas to dilute exhaust, dil/exh x , from the dilute chemical balance. This may be done by

totaling continuous calculations or by using batch results. For example, to use batch results, the total flow of dilution air is calculated b y multiplying the total flow of diluted exhaust, n dexh , by the flow - weighted mean mole fraction of dilution air in diluted exhaust, dil/exh x . Calculate dil/exh

x using flow - weighted mean concentrations of emissions in the chemical balance, as described in §1065.655. The chemical balance in §1065.655 assumes that your engine operates stoichiometrically , even if it is a l ean - burn engine, such as a compression - ignition engine. Note that for lean - burn engines this assumption could result in an error in emission calculations. This error could occur because the chemical balance in §1065.655 treats excess air passing through a lean - burn engine as if it was dilution air. If an emission concentration expected at the standard is about 100 times its dilution air background concentration, this error is negligible. However, if an emission***** E.O. 12866 Review**
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828 of 971 concentration expected at the standard is s imilar to its background concentration, this error could be significant. If this error might affect your abilit y to show that your engines comply

with applicable standards, we recommend that you either determine the total flow of dilution air using one of the more accurate methods in paragraphs (b) or (c) of this section, or remove background emissions from dilution air by HEPA filtration, chemical adsorption, or cataly tic scrubbing. You might also consider using a partial flow dilution technique such as a bag mini - diluter, which uses purified air as the dilution air. (e) The following is an example of using the flow - weighted mean fraction of dilution air in diluted exhaust, dil/exh

x , and the total mass of ba ckground emissions calculated using the total flow of diluted exhaust, n dexh , as described in §1065.650(c): bkgnd dil/exh bkgnddexh 

### m x m   Eq. 1065.667 - 1 bkgnddexh bkgnd dexh 

### m M x n    Eq. 1065.667 - 2 Example: M NOx = 46.0055 g/mol bkgnd 

### x = 0.05 μmol/mol = 0.05  10 - 6 mol/mol n dexh = 23280.5 mol
dil/exh x = 0.843 mol/mol
6 bkgndNOxdexh 

### 46.0055 0.05 10 23280.5 m 



###     m bkgndNOxdexh = 0.0536 g m bkgndNOx = 0.843 · 0.0536 m bkgndNOx = 0.0452 g (f) The following is an example of using the fraction of dilution air in diluted exhaust, x dil/exh , and the mass rate of background emissions calculated using the flow rate of diluted exhaust, dexh

n  , as described in §1065.650(c) : bkgnd dil/exh bkgnddexh 

### m x m    ***** E.O. 12866 Review**
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829 of 971 Eq. 1065.667 - 3 bkgnddexh bkgnd dexh 

### m M x n      Eq. 1065.667 - 4 Example: M NOx = 46.0055 g/mol xbkgnd = 0.05 μmol/mol = 0.05  10 - 6 mol/mol

dexh n  = 23280.5 mol/s x dil/exh = 0.843 mol/mol 6 bkgndNOxdexh 

### 46.0055 0.05 10 23280.5 m 



###      bkgndNOxdexh 

### m  = 0.0536 g/hr bkgndNOx 

### m  = 0.843 · 0.0536 bkgndNOx 

### m  = 0.0452 g/hr 82. Section 1065.670 is am ended by revising the introductory paragraph to read as follows: **§1065.670 NO x**  **intake -**  **air humidity and temperature corrections .**  See the standard - setting part to determine if you may correct NO x emissions for the effects of intake - air humidity or temperature. Use the NO x intake - air humidity and temperature corrections specified in the standard - setting part instead of the NO x intake air humidity

correction specified in this part 1065. If the standard - setting part does not prohibit correcting NO x emissions for intake - air humidity according to this part 1065, correct NO x concentrations for intake - air humidity as described in th is section. See §1065.650(c)(1) for the proper sequence for appl yi ng the NO x intake - air humidity and temperature corrections. You may use a time - weighted mean combustion air humidity to calculate this correction if your combustion air humidity remains wi thin a tolerance of ±0.0025 mol/mol of the mean value over the test interval. For intake - air humidity correction, use one of the following approaches: * * * * ****** E.O. 12866 Review**
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830 of 971 83. Section 1065.675 is amended by revising paragraph (d) to read as follows: **§1065.675 CLD quench verification calculations**  **.** * * * * * (d) Calculate quench as follows:

NOwet H2Oexp CO2exp NOmeas H2Omeas NOdry H2Omeas NOact CO2act 1 1 1 100 % x x x x x quench x x x x          

                     

Eq. 1065.675 - 1 Where: quench = amount of CLD quench. x NOdry = concentration of NO upstream of a bubbler, according to §1065.370(e)(4). x NOwet = measured concentration of NO downstream of a bubbler, according to §1065.370(e)(9). xH2Oexp = maximum expected mole fraction of water during emission testing, according to paragraph (b) of this section. xH2Omeas = measured mole fraction of water during the quench verification, according to §1065.370(e)(7) . x NOmeas = measured concentration of NO when NO span gas is blended with CO 2 span gas, according to §1065.370(d)(10). x NOact = actual concentration of NO when NO span gas is blended with CO 2 span gas, according to §1065.370(d)(11) and calculated according to Equation 1065.675 - 2. x CO2exp = maximum expected concentration of CO 2 during emission testing, according to paragraph (c) of this section. x CO2act = actual concentration of CO 2 when NO span gas is blended with CO 2 span gas, according to §1065.370(d)(9) . CO2act NOact NOspan

CO2span 1 x x x

x         ***** E.O. 12866 Review**
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831 of 971 Eq. 1065.675 - 2 Where: x NOspan = the NO span gas concentration input to the gas divider, according to §1065.370(d)(5). x CO2span = the CO 2 span gas conce ntration input to the gas divider, according to §1065.370(d)(4). Example: x NOdry = 1800.0 μmol/mol x NOwet = 1739.6 μmol/mol xH2Oexp = 0.030 mol/mol xH2Omeas = 0.030 mol/mol x NOmeas = 1515.2 μmol/mol x NOspan = 3001.6 μmol/mol x CO2exp = 3.2 % x CO2span = 6.1 % x CO2act = 2.98 %

NOact 2.98 1 3 001.6 1535.24459 μmol/mol 6.1 x           1739.6 0.030 1515.2 3.2 1 0 .030 1 1 100 % 1800.0 0.030 1535.24459 2.98 quench  

       

             

        quench = (

– 0.0036655

– 0. 014020171)  100 % =

– 1.7685671 % **Subpart H —**  **[Amended]******* E.O. 12866 Review**
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832 of 971 84. Section 1065.750 is amended by revising paragraphs (a)(3) and (a)(4) to read as follows: **§1065.750 Analytical Gases.** * * * * * (a) * * * (3) Use the following gas mixtures, with gases traceable within ±1 % of the NI ST accepted value or other gas standards we approve: * * * * * (4) You may

use gases for species other than those listed in paragraph (a)(3) of this section (such as methanol in air, which you may use to determine response factors), as long as they

are traceable to within ±3 % of the NIST - accepted value or other similar standards we approve, and meet the stability requireme nts of paragraph (b) of this section. * * * * * 85. Section 1065.790 is amended by revising paragraph (a) to read as follows: **§1065.790 Mass standards.** (a) PM balance calibration weights . Use PM balance calibration weights that are certified as NI ST - traceable within 0.1 % uncertainty . Calibration weights may be certified b y an y calibration lab that maintains NI ST - traceability . Make sure your highest calibration weight has no greater than ten times the mass of an unused PM - sample medium. **Subpar t J** 

**— [Amended]**  86. Section 1065.915 is amended by revising Table 1 to read as follows: **§1065.915 PEMS instruments.** * * * * * (a) * * ****** E.O. 12866 Review**
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833 of 971 Table 1 of §1065.915

–Recommended minimum PEMS measurement instrument performance

Measurement Measured quantity symbol Rise time, t 10 - 90 , and Fall time, t90 - 10 Recording update

frequency Accuracy 1 Repeatability 1 Noise 1

Engine speed transducer f n 1 s 1 Hz means 5 % of pt. or 1 % of max. 2 % of pt. or

1 % of max. 0.5 % of max Engine torque estimator, BSFC (This is a signal from an engine’s ECM) T or BSFC 1 s 1 Hz means 8 % of pt. or 5 % of max. 2 % of pt. or

1 % of max. 1 % of max. General pressure transducer (not a part of another instrument) p 5 s 1 Hz 5 % of pt. or 5 % of max. 2 % of pt. or

0.5 % of max. 1 % of ma x

Atmospheric pressure meter p atmo s 50 s 0.1 Hz 250 Pa 200 Pa 100 Pa General temperature sensor (not a part of another instrument) T 5 s 1 Hz 1 % of pt. K or 5 K 0.5 % of pt. K or

2 K 0.5 % of max

0.5 K General dewpoint sensor T dew 50 s 0.1 Hz 3 K 1 K 1 K

Exhaust flow meter n  1 s 1 Hz means 5 % of pt. or 3 % of max. 2 % of pt. 2 % of max.***** E.O. 12866 Review**
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834 of 971 Dilution air, inlet air, exhaust, and sample

flow meters n  1 s 1 Hz means 2.5 % of pt. or 1.5 % of max. 1.25 % of pt. or

0.75 % of max. 1 % of max.

Continuous gas analyzer x 5 s 1 Hz 4 % of pt. or 4 % of meas. 2 % of pt. or

2 % of meas. 1 % of max.

Gravimetric PM balance m PM N/A N/A See §1065.790 0.5  g N/A

Inertial PM balance m PM N/A N/A 4 % of pt. or 4 % of meas. 2 % of pt. or

2 % of meas. 1 % of max

1 Accuracy, repeatability, and noise are all determined with the same collected data, as described in §1065.305, and based on a bsolute values. “pt.” refers to the overall flow - weighted mean value expected at the standard; “max.” refers to the peak value expected at the standard over any test interv al, not the maximum of the instrument’s range; “meas” refers to the actual flow - weighted mean measured over any test interval.

* * * * ****** E.O. 12866 Review**
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835 of 971 87. Section 1065.925 is amended by revising paragraphs (h)(1), (h)(2), and (h)(3) to read as follows: **§1065.925 PEMS preparation for field testing.** * * * * * (h) * * * (1) Select the HC anal yz er range for measuring the maximum concentration expected at the HC standard. (2) Zero the HC anal yz ers using a zero gas or ambient air introduced at the anal yz er port. When zeroing a FID, use the FID’s burner air that would be used for in - use measurements (generally either ambient air or a portable source of burner air). (3) Span the HC analyzer using span gas introduced at the anal yz er port. * * * * * **Subpart K**

**— [Amended]**  88. Section 1065.1001 is amended b y revising the introductory text to read as follows: **§1065.1001 Definitions.** * * * * * Electric power generation application means an application whose purpose is to generate a precise frequency of electricity , which is characterized by an engine that controls engine speed very precisel y. This would generall y not appl y to welders or portab le home generators. * * * * * High - idle speed means the engine speed at which an engine governor function controls engine speed with operator demand at maximum and with zero load applied. “Warm high - idle speed” is the high - idle speed of a warmed - up engin e. High - speed governor means any device, s ys tem, or element of design that modulates the engine output torque for the purpose of limiting the maximum engine speed. * * * * ****** E.O. 12866 Review**
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836 of 971 Idle speed means the engine speed at which an engine governor function controls e ngine speed with operator demand at minimum and with minimum load applied (greater than or equal to zero). For engines without a governor function that controls idle speed, idle speed means the manufacturer - declared value for lowest engine speed possible with minimum load. This definition does not apply for operation designated as “high - idle speed.” “Warm idle speed” is the idle speed of a warmed - up engine. * * * * * Percent (%) means a representation of exactl y 0.01. Numbers expressed as percentages in this part (such as a tolerance of ±2 %) have infinite precision, so 2 % and 2.000000000 % have the same meaning. This means that where we specify some percentage of a total value, the calculated value has the same number of significant digits as the tota l value. For example, 2 % of a span value where the span value is 101.3302 is 2.026604. * * * * * Round means to apply

the rounding convention specified in §1065.20(e), unless otherwise specified. * * * * * 89. Section 1065.1005 is amended b y revising the introductory text, paragraphs (a), (e), (f)(2), and (g) to read as follows: **§1065.1005 Symbols, abbreviations, acronyms, and units of measure.** The procedures in this part generally follow the In ternational Sy stem of Units (SI ), as detailed in NI ST Special Publication 811, “Guide for the Use of the International Sy stem of Units (SI),” which we incorporate b y reference in §1065.1010. See §1065.20 for specific provisions related to these conventions. This section summarizes the way we use sy mbols, units of m easure, and other abbreviations. (a) Sy mbols for quantities . This part uses the following s ymbols and units of measure for various quantities: Symbol Quantity Unit Unit symbol Units in terms of SI base units

 atomic hydrogen to carbon ratio mole per mole mol/mol 1 A area square meter m2 m2 A 0 intercept of least squares regression***** E.O. 12866 Review**
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837 of 971 A 1 slope of least squares regression  ratio of diameters meter per meter m/m 1  atomic oxygen to carbon ratio mole per mole mol/mol 1 C# number of carbon atoms in a molecule d Diameter meter m m DR dilution ratio mole per mol mol/mol 1

 error between a quantity and its

reference

e brake - specific emission or fuel

consumption gram per kilowatt hour g/(kW ·hr) g ·3.6 - 1 ·10 6 ·m- 2 ·kg·s 2

F F - test statistic f frequency hertz Hz s - 1 f n angular speed (shaft) revolutions per minute r/min 2 · π ·60 - 1 · m·m- 1 ·s - 1

 ratio of specific heats (joule per kilogram kelvin) per (joule per kilogram kelvin) (J/(kg ·K))/(J/(kg·K)) 1

K correction factor 1 l length meter m m  viscosity, dynamic pascal second Pa ·s m- 1 ·kg·s - 1 M molar mass 1 gram per mole g/mol 10 - 3 ·kg·mol - 1

m mass kilogram kg kg***** E.O. 12866 Review**
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838 of 971 m  mass rate kilogram per second kg/s kg ·s - 1

 viscosity, kinematic meter squared per second m2 /s m2 ·s - 1
N total number in series

n amount of substance mole mol mol

n  amount of substance rate mole per second mol/s mol ·s - 1 P power kilowatt kW 10 3 ·m2 ·kg·s - 3 PF penetration fraction p pressure pascal Pa m- 1 ·kg·s - 2

 mass density kilogram per cubic meter kg/m3 kg ·m- 3

r ratio of pressures pascal per pascal Pa/Pa 1 R 2 coefficient of determination Ra average surface roughness micrometer m 10 - 6 m Re # Reynolds number RF response factor RH relative humidity

 non - biased standard deviation S Sutherland constant kelvin K K***** E.O. 12866 Review**
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839 of 971 SEE standard estimate of error T absolute temperature kelvin K K T Celsius temperature degree Celsius ° C K - 273.15 T torque (moment of force) newton meter N ·m m2 ·kg·s - 2

t time second s s  t time interval, period, 1/frequency second s s V volume cubic meter m3 m3 V  volume rate cubic meter per second m3 /s m3 ·s - 1 W work kilowatt hour kW ·hr 3.6 ·10 - 6 ·m2 ·kg·s - 2

w c carbon mass fraction gram per gram g/g 1

x amount of substance mole fraction 2 mole per mole mol/mol 1

x flow - weighted mean concentration mole per mole mol/mol 1 y generic variable

1 See paragraph (f)(2) of this section for the values to use for molar masses. Note that in the cases of NO x and HC, the regulations specify effective molar masses based on assumed speciation rather than actual speciation. 2 Note that mole fractions for T HC, THCE, NMHC, NMHCE, and NOTHC are expressed on a C 1 equivalent basis.

* * * * * (e) Subscripts . This part uses the following subscripts to define a quantity :

Subscript Quantity***** E.O. 12866 Review**
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840 of 971 abs absolute quantity act actual condition air air, dry atmos atmospheric cal calibration quantity CFV critical flow venturi

cor corrected quantity dil dilution air dexh diluted exhaust exh raw exhaust exp expected quantity hi,idle condition at high - idle i an individual of a series idle condition at idle in quantity in init initial quantity, typically before an emission test j an individual of a series

max the maximum (i.e., peak) value expected at the standard over a

test interval; not the maximum of an instrument range***** E.O. 12866 Review**
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841 of 971 meas measured quantity out quantity out part partial quantity PD P positive - displacement pump ref reference quantity

rev revolution sat saturated condition slip PD P slip span span quantity SSV subsonic venturi std standard condition test test quantity test,alt alternate test quantity

uncor uncorrected quantity

zero zero quantity (f) * * * (2) This part uses the following molar masses or effective molar masses of chemical species:***** E.O. 12866 Review**
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842 of 971 Symbol Quantity g/mol (10 - 3 **.** kg **.** mol - 1 ) M ai r molar mass of dry air 1 28.96559 M Ar molar ma ss of argon 39.948 M C molar mass of carbon 12.0107 M C3H8 molar mass of propane 44.09562 M CH4 molar mass of methane 16.043 M CO molar mass of carbon monoxide 28.0101 M CO2 molar mass of carbon dioxide 44.0095 M H molar mass of atomic hydrogen 1.00794 M H2 molar mass of molecular hydrogen 2.01588 M H2O molar mass of water 18.01528 M He molar mass of helium 4.002602 M N molar mass of atomic nitrogen 14.0067 M N2 molar mass of molecular nitrogen 28.0134 M NMHC effective molar mass of nonmethane hydrocarbon 2 13.875389 M NMHCE effective molar mass of nonmethane equivalent hydrocarbon 2 13.875389 M NOx effective molar mass of oxides of nitrogen 3 46.0055***** E.O. 12866 Review**
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843 of 971 M N2O molar mass of nitrous oxide 44.0128 M O molar mass of atomic oxygen 15.9994 M O2 molar mass of molecular oxygen 31.9988 M S molar mass of sulfur 32.065 M THC effective molar mass of total hydrocarbon 2 13.875389 M THCE effective molar mass of total hydrocarbon equivalent2 13.875389

1 See paragraph (f)(1) of this section for the composition of dry air. 2 The effective molar masses of THC, THCE, NMHC, and NMHCE are defined by an atomic hydrogen - to - carbon ratio,  , of 1.85. 3 The effective molar mass of NO x is defined by the molar mass of nitrogen dioxide, NO 2 . (g) Other acron ym s and abbreviations . This part uses the following additional abbreviations and acron yms:

AS TM American Society for Testing and Materials BMD bag mini - diluter BSFC brake - specific fuel consumption CARB California Air Resources Board CFR Code of Federal Regulations CFV critical - flow venturi CI compression - ignition***** E.O. 12866 Review**
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844 of 971 CITT Curb Idle Transmission Torque CLD chemiluminescent detector CVS constant - volume sampler DF deterioration factor ECM electronic control module EFC electronic flow control EGR exhaust gas recirculation EPA Environmental Protection Agency FEL Family Emission Limit FID flame - ionization detector GC gas chromatograph GC - ECD gas chromatograph with an electron - capture detector GC - FID gas chromatograph with a flame ionization detector IBP initial boiling point ISO International Organization for Standardization LP G liquefied petroleum gas NDIR nondispersive infrared NDUV nondispersive ultraviolet***** E.O. 12866 Review**
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845 of 971 NIST National Institute for Standards and Technology NMC nonmethane cutter PD P positive - displacement pump PE MS portable emission measurement system PFD partial - flow dilution PMP Polymethylpentene pt. a single point at the mean value expected at the standard. PT FE polytetrafluoroethylene (commonly known as TeflonTM) RE rounding error RESS rechargeable energy storage system RMC ramped - modal cycle RMS root - mean square RTD resistive temperature detector SSV subsonic venturi SI spark - ignition UCL upper confidence limit UFM ultrasonic flow meter U.S.C. United States Code***** E.O. 12866 Review**
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846 of 971 * * * * * 90. Section 1065.1010 is amended b y revising paragraph (c) to read as follows: **§1065.1010 Reference materials.** * * * * * (c) NI ST material . Table 3 of this section lists material from the National Institute of St andards and Technology that we have incorporated by reference. The first column lists the number and name of the material. The second column lists the section of this part where we reference it. Anyone may purchase copies of these materials from the Gov ernment Printing Office, Washington, DC 20402 or download them free from the Internet at www.nist.gov . Table 3 follows: Table 3 of §1065.1010

–

NI ST materials Document number and name Part 1065 reference NIST Special Publication 811, 2008 Edition, Guide for the Use of the International System of Units (SI), Barry N. Taylor, Physics Laboratory, and Ambler Thompson, Technology Services, March 2008 1065.20(a) and (e), 1065.1005 NIST Technical Note 1297, 1994 Edition, Guidelines for Evaluating and Expressing the Uncertainty of NIST Measurement Results, Barry N. Taylor and Chris E. Kuyatt 1065.1001

* * * * ****** E.O. 12866 Review**
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847 of 971 91. A new part 1066 is added to subchapter U to read as follows: **Part 1066 —** 

**Vehicle -**  **Testing Procedures Subpart A** **—**

**Applicability and General Provisions** Sec. 1066.1 Applicability . 1066.2 Submitting information to EPA under this part. 1066.5 Overview of this part 1066 and its relationship to the standard - setting part. 1066.10 Other procedures. 1066.15 Overview of test procedures. 1066.20 Units of measure and overview of calculations. 1066.25 Recordkeeping. **Subpart B —** **Equipment, Fuel, and Gas Specifications** 1066.101 Overview. **Subpart C —** **Dynamometer Specifications** 1066.201 Dy

namometer overview. 1066.2 10 Dy

namometers. 1066.215 Summary

of verification and calibration procedures for chassis dynamometers. 1066.220 L inearit y verification.***** E.O. 12866 Review**
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848 of 971 1066.225 Roll runout and diameter verification procedure. 1066.230 Time verification procedure. 1066.235 Speed verification procedure. 1066.240 Torque transducer verification and calibration. 1066.245 Response time verification. 1066.250 Base inertia verification. 1066.255 Parasitic loss verification. 1066.260 Parasitic friction compensation evaluation. 1066.265 Ac celeration and deceleration verification. 1066.270 Unloaded coastdown verification. 1066.280 Driver’s aid. **Subpart D —**  **Coastdown** 1066.301 Overview of coastdown procedures. 1066.310 Coastdown procedures for heav y - dut y vehicles. **Subpart E —** 

**Vehicle Prepara tion and Running a Test**  1066.401 Overview. 1066.407 Vehicle preparation and preconditioning. 1066.410 Dy

namometer test procedure. 1066.420 Pre - test verification procedures and pre - test data collection. 1066.425 Engine starting and restarting. 1066.430 Performing emission tests***** E.O. 12866 Review**
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849 of 971 **Subpart F —** **Hybrids** 1066.501 Overview. **Subpart G**

**— Calculations**  1066.601 Overview. 1066.610 Mass - based and molar - based exhaust emission calculations. **Subpart H —** **Definitions and Other Reference Material** 1066.701 Definitions. 106 6.705 Sy

mbols, abbreviations, acrony ms, and units of measure. 1066.710 Reference materials. Authority : 42 U.S.C. 7401 - 7671q. **Subpart A —** 

**Applicability and General Provisions §1066.1 Applicability.**  (a) This part describes the procedures that appl y t o testing we require for the following vehicles: (1) Model year 2014 and later heav y - dut y highway vehicles we regulate under 40 CFR part 1037 that are not subject to chassis testing for exhaust emissions under 40 CFR part 86. (2) [Reserved]***** E.O. 12866 Review**
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850 of 971 (b) The procedures of this part may appl y to other types of vehicles, as described in this part and in the standard - setting part. (c) The term “you” means anyone performing testing under this part other than EPA. (1) This part is addressed primarily to manufacturers of vehicles, but it applies equally to anyone who does testing under this part for such manufacturers. (2) This part applies to any manufacturer or supplier of test equipment, instruments, supplies, or an y other goods or services related to the procedures, requirements, recommendations, or options in this part. (d) Paragraph (a) of this section identifies the parts of the CFR that define emission standards and other requirements for particular t yp es of vehicles. In thi s part, we refer to each of these other parts generically as the ''standard - setting part.'' For example, 40 CFR part 1037 is the standard - setting part for heav y - duty highway vehicles. (e) Unless we specify

otherwise, the terms “procedures” and “test proce dures” in this part include all aspects of vehicle testing, including the equipment specifications, calibrations, calculations, and other protocols and procedural specifications needed to measure emissions. (f) For additional information regarding these te st procedures, visit our Web site at www.epa.gov, and in particular http://www.epa.gov/nvfel/testing/regulations.htm. **§1066.2 Submitting information to EPA under this part.** (a) You are responsible for statements and information in your applications for ce rtification, requests for approved procedures, selective enforcement audits, laboratory audits, production - line test reports, field test reports, or any other statements you make to us related to this part 1066. If you provide statements or information to someone for submission to EPA, you are responsible for these statements and information as if you had submitted them to EPA yourself. (b) In the standard - setting part and in 40 CFR 1068.101, we describe your obligation to report truthful and complete info rmation and the consequences of failing to meet this obligation. See also 18 U.S.C. 1001 and 42 U.S.C. 7413(c)(2). This obligation applies whether you submit this information directl y to EPA or through someone else. (c) We may

void an y certificates or approvals associated with a submission of information if we find that you intentionall y submitted false, incomplete, or misleading information. For example, if we find that you intentionally submitted incomplete information to mislead EPA when requesting approval to use alternate test procedures, we may void the certificates for all engine families certified based on emission data collected using the alternate procedures. This would also apply if you ignore data from incomplete tests or from repeat tests with higher emission results.***** E.O. 12866 Review**
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851 of 971 (d) We may

require an authorized representative of your company to approve and sign the submission, and to certify that all the information submitted is accurate and complete. This includes everyone who submits information, i ncluding manufacturers and others. (e) See 40 CFR 1068.10 for provisions related to confidential information. Note however that under 40 CFR 2.301, emission data is generally not eligible for confidential treatment. (f) Nothing in this part should be inte rpreted to limit our ability under Clean Air Act section 208 (42 U.S.C. 7542) to verify that vehicles conform to the regulations. **§1066.5 Overview of this part 1066 and its relationship to the standard -**  **setting part.** (a) This part specifies procedures that can apply generall y to testing various categories of vehicles. See the standard - setting part for directions in applying specific provisions in this part for a particular ty pe of vehicle. Before using this part's procedures, read the standard - setting par

t to answer at least the following questions: (1) What drive schedules must Iuse for testing? (2) Should Iwarm up the test vehicle before measuring emissions, or do I need to measure cold - start emissions during a warm - up segment of the dut y cycle? (3) Which exhaust constituents do Ineed to measure? Measure all exhaust constituents that are subject to emission standards, an y other exhaust constituents needed for calculating emission rates, and an y additional exhaust constituents as specified in the standard - setting part. We may approve your request to omit measurement of N 2 O and CH 4 for a vehicle, provided it is not subject to an N 2 O or CH 4 emission standard and we determine that other information is available to give us a reasonable basis for estimati ng or approximating the vehicle’s emission rates . (4) Do an y unique specifications apply for test fuels? (5) What maintenance steps may Itake before or between tests on an emission - data vehicle? (6) Do an y unique requirements apply to stabilizing emission levels on a new vehicle? (7) Do an y unique requirements apply to test limits, such as ambient temperatures or pressures? (8) Is field testing required or allowed, and are there different emission standards or procedures that appl y to field testing? (9) Are there an y emission standards specified at particular operating conditions or ambient conditions?***** E.O. 12866 Review**
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852 of 971 (10) Do an y unique requirements appl y for durability testing? (b) The testing specifications in the standard - setting part may differ from the specification s in this part. In cases where it is not possible to comply with both the standard - setting part and this part, you must comply with the specifications in the standard - setting part. The standard - setting part may also allow you to deviate from the procedur es of this part for other reasons. (c) The following table shows how this part divides testing specifications into subparts:

Table 1 of §1066.5

—Description of Part 1066 subparts. This subpart Describes these specifications or procedures Subpart A Applicability and general provisions. Subpart B Equipment for testing. Subpart C Dy

namometer specifications. Subpart D Coastdowns for testing. Subpart E How to prepare your vehicle and run an emission test. Subpart F How to test hy brid vehicles. Subpart G Test procedure calculations. Subpart H Definitions and reference material. **§1066.10 Other procedures.** (a) Your testing. The procedures in this part apply for all testing you do to show compliance with emission standards, with certain exceptio ns listed in this section. In some other sections in this part, we allow you to use other procedures (such as less***** E.O. 12866 Review**
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853 of 971 precise or less accurate procedures) if they do not affect your ability to show that your vehicles compl y with the applicable emission stand ards. This generally requires emission levels to be far enough below the applicable emission standards so that any errors caused by greater imprecision or inaccuracy do not affect your ability to state unconditionally that the engines meet all applicable emission standards. (b) Our testing. These procedures generally appl y for testing that we do to determine if yo ur vehicles compl y with applicable emission standards. We may perform other testing as allowed b y the Act. (c) Exceptions. We may

allow or require you to use procedures other than those specified in this part for laboratory testing, field testing, or both, as described in 40 CFR 1065.10(c). All the test procedures noted as exceptions to the specified procedures are considered generically

as "other procedures." Note that the terms "special procedures" and "alternate procedures" have specific meanings; "special procedures" are those allowed b y 40 CFR 1065.10(c)(2) and "alternate procedures" are those allowed b y 40 CFR 1065.10(c)(7). If we requir e you to request approval to use other procedures under this paragraph (c), you may not use them until we approve your request. **§1066.15 Overview of test procedures.** This section outlines the procedures to test vehicles that are subject to emission standards. (a) In the standard - setting part, we set emission standards in g/mile (or g/km), for the following constituents: (1) Total oxides of nitrogen, NO x . (2) Hydrocarbons (HC), which may be expressed in the following way s: (i) Total hydrocarbons, THC. (ii) Nonmethane h ydrocarbons, NMHC, which results from subtracting methane (CH 4 ) from THC. (iii) Total hydrocarbon - equivalent, THCE, which results from adjusting THC mathematically

to be equivalent on a carbon - mass basis. (iv) Nonmethane h ydrocarbon - equiv alent, NMHCE, which results from adjusting NMHC mathematically

to be equivalent on a carbon - mass basis. (3) Particulate mass, PM. (4) Carbon monoxide, CO.***** E.O. 12866 Review**
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854 of 971 (b) Note that some vehicles may not be subject to standards for all the emission constituents identif

ied in paragraph (a) of this section. (c) We generall y set emission standards over test intervals and/or drive schedules, as follows: (1) Vehicle operation . Testing may involve measuring emissions and miles travelled in a laboratory - ty

pe environment or in the field. The standard - setting part specifies how test intervals are defined for field testing. Refer to the definitions of “duty cycle” and “test interval” in §1066.701. Note that a single drive schedule may have multiple test intervals and require w eighting of results from multiple test phases to calculate a composite distance - based emission value to compare to the standard. (2) Constituent determination . Determine the total mass of each constituent over a test interval by

selecting from the followi ng methods: (i) Continuous sampling . In continuous sampling, measure the constituent’s concentration continuously from raw or dilute exhaust. Multiply this concentration by the continuous (raw or dilute) flow rate at the emission sampling location to det ermine the constituent’s flow rate. Sum the constituent’s flow rate continuously over the test interval. This sum is the total mass of the emitted constituent. (ii) Batch sampling . In batch sampling, continuously extract and store a sample of raw or dil ute exhaust for later measurement. Extract a sample proportional to the raw or dilute exhaust flow rate, as applicable. You may extract and store a proportional sample of exhaust in an appropriate container, such as a bag, and then measure HC, CO, and NO x concentrations in the container after the test phase. You may deposit PM from proportionally

extracted exhaust onto an appropriate substrate, such as a filter. In this case, divide the PM b y the amount of filtered exhaust to calculate the PM concentration. Multiply batch sampled concentrations by the total (raw or dilute) flow from which it was extracted during the test interval. This product is the total mass of the emitted constituent. (iii) Combined sampling . You may use continuous and batch sampli ng simultaneously during a test interval, as follows: (A) You may

use continuous sampling for some constituents and batch sampling for others. (B) You may

use continuous and batch sampling for a single constituent, with one being a redundant measurement, s ubject to the provisions of 40 CFR 1065.201. (d) Refer to the standard - setting part for calculations to determine g/mile emission rates. (e) The regulation highlights several specific cases where good engineering judgment is especiall y relevant. You must use good engineering judgment for all aspects of testing under this part, not only

for those provisions where we specificall y re - state this requirement.***** E.O. 12866 Review**
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855 of 971 **§1066.20 Units of measure and overview of calculations.** (a) Sy stem of units . The procedures in this part follows both conventional English Units and the International Sy stem of Units (SI), as detailed in NI ST Special Publication 811, “Guide for the Use of the International S ys tem of Units (SI ),” which we incorporate by reference in §1066.710. (b) Units c onversion . Use good engineering judgment to convert units between measurement s ys tems as needed. The following conventions are used throughout this document and should be used to convert units as applicable: (1) 1 hp = 33,000 ft ·lbf/min = 550 ft·lbf/s = 0.7457 kW. (2) 1 lbf = 32.174 ft ·lbm/s 2 = 4.4482 N. (3) 1 inch = 25.4 mm. (c) Rounding . The rounding provisions of 40 CFR 1065.20 apply for calculations in this part. This generally

specifies that you round final values but not intermediate values. Use good engineering judgment to record the appropriate number of significant digits for all measurements. (d) Interpretation of ranges . Interpret a range as a tolerance unless we explicitly identify it as an accuracy , repeatability , linearity , or noise speci fication. See 40 CFR 1065.1001 for the definition of tolerance. In this part, we specify two typ es of ranges: (1) Whenever we specify a range b y a single value and corresponding limit values above and below that value, target an y associated control point to that single value. Examples of this ty pe of range include “±10 % of maximum pressure”, or “(30 ±10) kPa”. (2) Whenever we specify a range b y the interval between two values, you may target an y associated control point to any value within that range. An example of this ty pe of range is “(40 to 50) kPa”. (e) Scaling of specifications with respect to an applicable standard . Because this part 1066 applies to a wide range of vehicles and emission standards, some of the specifications in this part are sc aled with respect to a vehicle’s applicable standard or weight. This ensures that the specification will be adequate to determine compliance, but not overly

burdensome by

requiring unnecessaril y high - precision equipment. Many of these specifications are given with respect to a “flow - weighted mean” that is expected at the standard or during testing. Flow - weighted mean is the mean of a quantity after it is weighted proportional to a corresponding flow rate. For example, if a gas concentration is measured continuousl y from the raw exhaust of an engine, its flow - weighted mean concentration is the sum of the products of each recorded concentration times its respective exhaust flow rate, divided b y the sum of the recorded flow rates. As another example, the b ag concentration from a CVS s ys tem is the same as the flow - weighted***** E.O. 12866 Review**
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856 of 971 mean concentration, because the CVS sy stem itself flow - weights the bag concentration. Refer to 40 CFR 1065.602 for information needed to estimate and calculate flow weighted means. **§1066 .25 Recordkeeping.**  The procedures in this part include various requirements to record data or other information. Refer to the standard - setting part regarding recordkeeping requirements. If the standard - setting part does not specify recordkeeping requirem ents, store these records in any format and on any media and keep them readily available for one year after you send an associated application for certification, or one year after you generate the data if they do not support an application for certificatio n. You must promptly send us organized, written records in English if we ask for them. We may review them at any time. **Subpart B —** **Equipment, Fuel, and Gas Specifications §1066.101 Overview.**  (a) This subpart addresses equipment related to emission testi ng, as well as test fuels and anal yt ical gases. This section addresses emission sampling and anal yt ical equipment, test fuels, and analy

tical gases. (b) The provisions of 40 CFR part 1065 specify engine - based procedures for measuring emissions. Except as specified otherwise in this part, the provisions of 40 CFR part 1065 apply for testing required by

this part as follows: (1) The provisions of 40 CFR 1065.140 through 1065.195 specify equipment for exhaust dilution and sampling systems. (2) The provision s of 40 CFR part 1065, subparts C and D, specify measurement instruments and their calibrations. (3) The provisions of 40 CFR part 1065, subpart H, specify fuels, engine fluids, and anal yt ical gases. (4) The provisions of 40 CFR part 1065, subpart J, desc ribe how to measure emissions from vehicles operating outside of a laboratory , except that provisions related to measuring engine work do not apply . (c) The provisions of this subpart are intended to specify s ys tems that can very

accuratel y and precisely

m easure emissions from motor vehicles. We may waive or modify

the***** E.O. 12866 Review**
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857 of 971 specifications and requirements of this part for testing highway motorcycles or nonroad vehicles, consistent with good engineering judgment. For example, it may be appropriate to allow the use of a h ydrokinetic dynamometer that is not able to meet all the performance specifications described in this subpart. **Subpart C —** **Dynamometer Specifications §1066.201 Dynamometer overview.**  This subpart addresses chassis dy namometers and related equipme nt. **§1066.210 Dynamometers.** (a) General requirements. A chassis d ynamometer typically uses electrically generated load forces combined with its rotational inertia to recreate the mechanical inertia and frictional forces that a vehicle exerts on road surfaces (known as “road load”). Load forces are calculat ed using vehicle - specific coefficients and response characteristics. The load forces are applied to the vehicle tires b y rolls connected to intermediate motor/absorbers. The dynamometer uses a load cell to measure the forces the dy namometer rolls appl y t o the vehicle’s tires. (b) Accuracy

and precision. The d ynamometer’s output values for road load must be NI ST - traceable. We may determine traceabilit y to a specific international standards organization to be sufficient to demonstrate NIST - traceability. The force - measurement sy stem must be capable of indicating force readings to a resolution of ±0.05 % of the maximum forces simulated by the dy namometer or ±0.9 N (±0.2 lbf), whichever is greater, during a test. (c) Test cycles. The dy

namometer must be capable of fully simulating applicable test cycles for the vehicles being tested as referenced in the corresponding standard - setting part. (1) For vehicles with a gross vehicle weight rating (GVWR) at or below 14,000 lbs, the dy namometer must be able to f ully simulate a driving schedule with a maximum speed of 36 m/s (80 mph) and a maximum acceleration rate of 3.6 m/s 2 (8 mph/s) in two - wheel drive and four - wheel drive configurations. (2) For vehicles with GVWR above 14,000 lbs, the dynamometer must be able to fully simulate a driving schedule with a maximum speed of 29 m/s (65 mph) and a maximum acceleration rate of 1.3 m/s 2 (3 mph/s) in either two - wheel drive or four - wheel drive configurations.***** E.O. 12866 Review**
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858 of 971 (d) Component requirements. The dy namometer must meet the fol lowing specifications: (1) For vehicles with GVWR at or below 14,000 lbs, the nominal roll diameter must be 1.20 to 1.25 meters. The dy namometer must have an independent drive roll for each axle being driven b y the vehicle during an emission test. (2) For vehicles with GVWR above 14,000 lbs, the nominal roll diameter must be at least 1.20 meters and no greater than 3.10 meters. The dy namometer must have an independent drive roll for each axle, except that two drive axles may share a single drive roll. Us e good engineering judgment to ensure that the dy namometer roll diameter is large enough to provide sufficient tire - roll contact area to avoid tire overheating and power losses from tire - roll slippage. (3) If you measure force and speed at 10 Hz or faster, you may use good engineering judgment to convert those measurements to 1 - Hz, 2 - Hz, or 5 - Hz values. (4) The load applied by

the dy namometer simulates forces acting on the vehicle during normal driving according to the following equation:
2 i i -1 i i i i i -1 S S FR A B S C S M t t        

 Where: FR = total road - load force to be applied at the surface of the roll. The total force is the sum of the individual tractive forces applied at each roll surface . i = a counter to indicate a point in time over the driving sc hedule. For a dy namometer operating at 10 - Hz intervals over a 600 - second driving schedule, the maximum value of i is 6,000. A = constant value representing the vehicle’s frictional load in lbf or newtons. See subpart C of this part. B = coefficient repre senting load from drag and rolling resistance, which are a function of vehicle speed, in lbf/mph or N · s/m. See subpart C of this part. S = linear speed at the roll surfaces as measured b y the dynamometer, in mph or m/s. L et S i - 1 = 0. C = coefficient repr esenting aerod ynamic effects, which are a function of vehicle speed squared, in lbf/mph 2 or N · s 2 /m2 . See subpart C of this part. M = mass of vehicle in lbm or kg. Determine the vehicle’s mass based on the test weight, taking into account the effect of ro tating axles, as specified in §1066.310(b)(7) and***** E.O. 12866 Review**
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859 of 971 dividing the weight b y the acceleration due to gravity as specified in 40 CFR 1065.630, consistent with good engineering judgment. t = elapsed time in the driving schedule as measured by the d yn amometer, in seconds. Let ti - 1 = 0. (5) The d ynamometer must be designed to generally appl y an actual road - load force within ±1 % or ±9.8 N (±2.2 lbf) of the reference value, whichever is greater. Dy namometers that do not fully meet this specification may be used consistent with good engineering judgment. For example, slightly higher errors may

be permissible during highl y transient operation. (e) Dy namometer manufacturer instructions . This p art specifies that you follow the dy namometer manufacturer’s recommended procedures for things such as calibrations and general operation. If you perform testing with a dy namometer that you manufactured or if you otherwise do not have these recommended pr ocedures, use good engineering judgment to establish the additional procedures and specifications we specify in this part, unless we specify

otherwise. Keep records to describe these recommended procedures and how they

are consistent with good engineering judgment. **§1066.215 Summary of verification and calibration procedures for chassis dynamometers.**  (a) Overview . This section describes the overall process for verifying and calibrating the performance of chassis dy namometers. (b) Scope and frequency . The following table summarizes the required and recommended calibrations and verifications described in this subpart and indicates when they must occur: Table 1 of §1066.215

– Summary of required dy

namometer calibrations and verifications. Type of calibrat ion or verification Minimum frequencya
§1066.220: Linearity verification Speed: Upon initial installation, within 370 days before testing, and after major maintenance. Torque (load): Upon initial installation, within 370 days before testing, and after major maintenance.***** E.O. 12866 Review**
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860 of 971 §1066.225: Roll runout and diameter Upon initial installation and after major maintenance. §1066.230: Time Upon initial installation and after major maintenance. §1066.235: Speed measurement Upon initial installation, within 370 days before testing, and after major maintenance. §1066.240: Torque (load) transducer Upon initial installation and after major maintenance. §1066.245: Response time Upon initial installation and after major maintenance. §1066.250: Base inertia Upon initial installation and after major maintenance. §1066.255: Parasitic loss Upon initial installation, within 7 days before testing, and after major maintenance. §1066.260: Parasitic friction compensation evaluation Upon initial installation, within 7 days befor e testing, and after major maintenance. §1066.265: Acceleration and deceleration Upon initial installation and after major maintenance. §1066.270: Unloaded coastdown Upon initial installation, within 7 days before testing, and after major maintenance.

aPerform calibrations and verifications more frequently, according to measurement system manufacturer instructions and good engineering judgment. (c) Automated d yn amometer verifications and calibrations . In some cases, dy namometers are designed with internal diagnostic and control features to accomplish the verifications and calibrations specified in this subpart. You may use these automated functions instead of following the procedures we specify in th is subpart to demonstrate compliance with applicable requirements, consistent with good engineering judgment. (d) Sequence of verifications and calibrations . Upon initial installation and after major maintenance, perform the verifications and calibration s in the same sequence as noted in Table 1 of this section. At other times, you may need to perform specific verifications or calibration in a certain sequence, as noted in this subpart.***** E.O. 12866 Review**
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861 of 971 (e) Corrections . Unless the regulation directs otherwise, if the dy n amometer fails to meet any specified calibration or verification, make any necessary adjustments or repairs such that the dy

namometer meets the specification before running a test. Repairs required to meet specifications are generall y considered major mai ntenance under this part. **§1066.220 Linearity verification.** (a) Scope and frequency . Perform linearit y verifications upon initial installation, within 370 day s before testing, and after major maintenance. Note that these linearity verifications may

rep lace requirements previously referred to as calibrations. The intent of linearit y verification is to determine that a measurement s ys tem responds accuratel y and proportionall y over the measurement range of interest. L inearit y verification generall y consi sts of introducing a series of at least 10 reference values (or the manufacturer’s recommend number of reference values) to a measurement sy stem. The measurement s ys tem quantifies each reference value. The measured values are then collectively

compared t o the reference values by using a least - squares linear regression and the linearit y criteria specified in Table 1 of this section. (b) Performance requirements . I f a measurement sy stem does not meet the applicable linearity criteria in Table 1 of this sec tion, correct the deficiency by re - calibrating, servicing, or replacing components as needed. Repeat the linearity verification after correcting the deficiency

to ensure that the measurement sy stem meets the linearity criteria. Before you may use a measurement s ys tem that does not meet linearity criteria, yo u must demonstrate to us that the deficiency does not adversel y affect your ability to demonstrate compliance with the applicable standards. (c) Procedure . Use the following linearit y verification protocol, or use good engineering judgment to develop a different protocol that satisfies the intent of this section, as described in paragraph (a) of this section: (1) In this paragraph (c), the letter “y” denotes a generic measured quantity, the superscript over - bar denotes an arithmetic mean (such as y ), and the subscript “ ref ” denotes the known or reference quantit y being measured. (2) Operate a d yn amometer sy stem at the specified temperatures and pressures. This may include an y specified adjustment or periodic calibration of the dynamometer s ys tem. (3) Set dy namometer speed and torque to zero and apply the d yn amometer brake to ensure a zero - speed condition. (4) Span the d ynamometer speed or torque signal. (5) After spanning, c heck for zero speed and torque. Use good engineering judgment to determine whether or not to rezero or re - span before continuing.***** E.O. 12866 Review**
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862 of 971 (6) For both speed and torque, use the dyn amometer manufacturer’s recommendations and good engineering judgment to select re ference values, yrefi , that cover a range of values that you expect would prevent extrapolation beyond these values during emission testing. We recommend selecting zero speed and zero torque as reference values for the linearity verification. (7) Use the dy

namometer manufacturer’s recommendations and good engineering judgment to select the order in which you will introduce the series of reference values. For example, you may select the reference values randomly to avoid correlation with previous measureme nts or the influence of h ys teresis; you may select reference values in ascending or descending order to avoid long settling times of reference signals; or you may select values to ascend and then descend to incorporate the effects of any instrument hy stere sis into the linearity verification. (8) Set the d ynamometer to operate at a reference condition. (9) Allow time for the dynamometer to stabilize while it measures the reference values. (10) At a recording frequency of at least 1 Hz, measure speed and torque values for 30 seconds and record the arithmetic mean of the recorded values, i y . Refer to 40 CFR 1065.602 for an example of calculating an arithmetic mean. (11) Repeat the steps in paragraphs (c)(8) though (10) of this section until you measure speeds and torques at each of the reference conditions. (12) Use the arithmetic means, i y , and reference values, yrefi , to calculate least - squares linear regression parameters and statistical values to compare to the minimum performance criteria specified in Table 1 of this section. Use the calculations described in 40 CFR 1065.602. Using good engineering judgment, you may weight the results of individual data pairs (i.e., ( yrefi , i y )), in the linear regression calculations. Table 1 of §1066.220

– Dy namometer measurement sy stems that require linearity verifications

Measurement sy stem Quantity Linearity criteria | x min ( a 1 - 1)+ a 0 | a 1 SEE r 2 Speed S < 0.05 % · m a x S 0.98 - 1.02 < 2 % · max S > 0.990 Torque (load) T < 1 % · ma x T 0.98 - 1.02 < 2 % · ma x T > 0.990***** E.O. 12866 Review**
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863 of 971 **§1066.225 Roll runout and diameter verification procedure.**  (a) Overview. This section describes the verification procedure for roll runout and roll diameter. Roll runout is a measure of the variation in roll radius around the circumference of the roll. (b) Scope and frequency . Perform these verifications upon initial instal lation and after major maintenance. (c) Roll runout procedure. Verify roll runout as follows: (1) Perform this verification with laboratory and dy namometer temperatures stable and at equilibrium. Release the roll brake and shut off power to the dy namomet er. Remove an y dirt, rubber, rust, and debris from the roll surface. Mark measurement locations on the roll surface using a permanent marker. Mark the roll at a minimum of four equally spaced locations across the roll width; we recommend taking measurem ents every 150 mm across the roll. Secure the marker to the deck plate adjacent to the roll surface and slowly rotate the roll to mark a clear line around the roll circumference. Repeat this process for all measurement locations. (2) Measure roll runout using a dial indicator with a probe that allows for measuring the position of the roll surface relative to the roll centerline as it turns through a complete revolution. The dial indicator must have a magnetic base assembl y or other means of being securel y mounted adjacent to the roll. The dial indicator must have sufficient range to measure roll runout at all points, with a minimum accuracy and precision of ±0.025 mm. Calibrate the dial indicator according to the instrument manufacturer’s instructions. ( 3) Position the dial indicator adjacent to the roll surface at the desired measurement location. Position the shaft of the dial indicator perpendicular to the roll such that the point of the dial indicator is slightly touching the surface of the roll and can move freely through a full rotation of the roll. Zero the dial indicator according to the instrument manufacturer’s instructions. Avoid distortion of the runout measurement from the weight of a person standing on or near the mounted dial indicator. ( 4) Slowly

turn the roll through a complete rotation and record the maximum and minimum values from the dial indicator. Calculate runout as the difference between these maximum and minimum values. (5) Repeat the steps in paragraphs (c)(3) and (4) of this section for all measurement locations. (6) The roll runout must be less than 0.25 mm at all measurement locations. (d) Diameter procedure. Verify roll diameter based on the following procedure, or an equivalent procedure based on good engineering judgment: (1) Prepare the laboratory and the dynamometer as specified in paragraph (c)(1) of this section.***** E.O. 12866 Review**
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864 of 971 (2) Measure roll diameter using a Pi Tape®. Orient the Pi Tape® to the marker line at the desired measurement location with the Pi Tape® hook pointed outward. Temporaril y secure the Pi Tape® to the roll near the hook end with adhesive tape. Slowly turn the roll, wrapping the Pi Tape® around the roll surface. Ensure that the Pi Tape® is flat and adjacent to the marker line around the full circumference of the roll. Attach a 2.26 - kg weight to the hook of the Pi Tape® and position the roll so that the weight dangles freel y. Remove the adhesive tape without disturbing the orientation or alignment of the Pi Tape®. (3) Overlap the gage member and the vernie r scale ends of the Pi Tape® to read the diameter measurement to the nearest 0.01 mm. Follow the manufacturer’s recommendation to correct the measurement to 20 °C, if applicable. (4) Repeat the steps in paragraphs (d)(2) and (3) of this section for all measurement locations. (5) The measured roll diameter must be within ±0.25 mm of the specified nominal value at all measurement locations. You may revise the nominal value to meet this specification, as long as you use the corrected nominal value for all calculations in this subpart. **§1066.230 Time verification procedure.**  (a) Overview. This section describes how to verify the accuracy

of the dy namometer’s timing device. (b) Scope and frequency . Perform this verification upon initial installation and af ter major maintenance. (c) Procedure. Perform this verification using one of the following procedures: (1) WWV method. You may use the time and frequency signal broadcast by

NI ST from radio station WWV as the time standard if the trigger for the dyn amome ter timing circuit has a frequency

decoder circuit, as follows: (i) Dial station WWV at (303) 499 - 7111 and listen for the time announcement. Verify that the trigger started the dy namometer timer. Use good engineering judgment to minimize error in receivi ng the time and frequency signal. (ii) After at least 1000 seconds, re - dial station WWV and listen for the time announcement. Verify

that the trigger stopped the dy namometer timer. (iii) Compare the measured elapsed time, y act , to the corresponding time standard, y ref , to determine the time error, y error , using the following equation:***** E.O. 12866 Review**
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865 of 971 a c t r e f e r r o r r e f 1 0 0 % y y y y

   Eq. 1066.230 - 1 (2) Ramping method. You may set up an operator - defined ramp function in the signal generator to serve as the time standard as follows: (i) Set up the signal generator to output a marker voltage at the peak of each ramp to trigger the dynamometer timing circuit. Output the d esignated marker voltage to start the verification period. (ii) After at least 1000 seconds, output the designated marker voltage to end the verification period. (iii) Compare the measured elapsed time between marker signals, y act , to the corresponding tim e standard, yref , to determine the time error, y error , using Equation 1066.230 - 1. (3) Dy namometer coastdown method. You may use a signal generator to output a known speed ramp signal to the dy namometer controller to serve as the time standard as follows: (i) Generate upper and lower speed values to trigger the start and stop functions of the coastdown timer circuit. Use the signal generator to start the verification period. (ii) After at least 1000 seconds, use the signal generator to end the verificatio n period. (iii) Compare the measured elapsed time between trigger signals, y act , to the corresponding time standard, yref , to determine the time error, y error , using Equation 1066.230 - 1. (d) Performance evaluation . The time error determined in paragraph ( c) of this section may not exceed ±0.001 %. **§1066.235 Speed verification procedure.**  (a) Overview. This section describes how to verify the accuracy

and resolution of the dy namometer speed determination. (b) Scope and frequency . Perform this verificati on upon initial installation, within 370 day s before testing, and after major maintenance. (c) Procedure. Use one of the following procedures to verify the accuracy

and resolution of the dy namometer speed simulation:***** E.O. 12866 Review**
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866 of 971 (1) Pulse method . Connect a universal frequency counter to the output of the dy namometer’s speed - sensing device in parallel with the signal to the dyn amometer controller. The universal frequency counter must be calibrated according to the instrument manufacturer’s instructions and be capable of measuring with enough accuracy to perform the procedure as specified in this paragraph (c)(1). Make sure the instrumentation does not affect the signal to the dynamometer control circuits. Determine the speed error as follows: (i) Set the dy

namometer to speed - control mode. Set the dy namometer speed to a value between 4.2 m/s and the maximum speed expected during testing; record the output of the frequency

counter after 10 seconds. Determine the roll speed, S act , using the following equation:

roll act 

### f d S n     Eq. 1066.235 - 1 Where: f = frequency

of the d yn amometer speed sensing device, in s - 1 , accurate to at least four significant figures. d roll = nominal roll diameter, in m, accurate to the nearest 0.01 mm, consistent with §1066.225(d). n = the number of pulses per revolution from the dynamometer roll speed sensor. Example: f = 2.9231 Hz = 2.9231 s - 1 d roll = 904.40 mm = 0.90440 m n = 1 pulse/rev

act 

### 2.9231 0.90440

1 S 

   S act = 8.3053 m/s***** E.O. 12866 Review**
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867 of 971 (ii) Compare the calculated roll speed, S act , to the corresponding speed set point, S ref , to determine a value for speed error, S error , using the following equation: S error = S act - S ref Eq. 1066.235 - 2 Example: S act = 8.3053 m/s S ref = 8.3000 m/s S error = 8.3053

– 8.3000 = 0.0053 m/s (2) Frequency

method. Use the method described in this paragraph (c)(2) only if the dy namometer does not have a readil y available output signal for speed sensing. Install a single piece of tape in the shape of an arrowhead on the surface of the dyn amometer roll near the outer edge. Put a reference mark on the deck plate in line with the arrow. Install a stroboscope or photo tachometer on the deck plate and direct the flash toward the tape on the roll. The stroboscope or photo tachometer must be calibrated according to the instrument manufacturer’s instructions and be capable of measuring with enough accuracy to perform the procedure as specified in this paragraph (c)(2). Determine the speed error as follows: (i) Set the dy

namometer to speed control mode. Set the dy nam ometer speed to a value between 15 kph and the maximum speed expected during testing. Tune the stroboscope or photo tachometer until the signal matches the dy namometer roll speed. Record the frequency . Determine the roll speed, y act , using Equation 1066 .235 - 1, using the stroboscope or photo tachometer’s frequency for f . (ii) Compare the calculated roll speed, y act , to the corresponding speed set point, yref , to determine a value for speed error, y error , using Equation 1066.235 - 2. (d) Performance evaluation . The speed error determined in paragraph (c) of this section may not exceed ±0.02 m/s. **§1066.240 Torque transducer verification and calibration.** Calibrate torque - measurement sy stems as described in 40 CFR 1065.310.***** E.O. 12866 Review**
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868 of 971 **§1066.245 Response time verification.**  (a) Overview. This section describes how to verify the dy namometer’s response time. (b) Scope and frequency . Perform this verification upon initial installation and after major maintenance. (c) Procedure. Use the dy namometer’s automated pr ocess to verify response time. Perform this test at two different inertia settings corresponding approximately to the minimum and maximum vehicle weights you expect to test. Use good engineering judgment to select road - load coefficients representing vehi cles of the appropriate weight. Determine the dyn amometer’s settling response time, ts , based on the point at which there are no measured results more than 10 % above or below the final equilibrium value, as illustrated in Figure 1 of this section. The o bserved settling response time must be less than 100 milliseconds for each inertia setting.***** E.O. 12866 Review**
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869 of 971 Figure 1 of §1066.245
**—**Example of a settling response time diagram.

**§1066.250 Base inertia verification.** (a) Overview. This section describes how to veri fy the dy namometer’s base inertia. (b) Scope and frequency . Perform this verification upon initial installation and after major maintenance. (c) Procedure. Verify

the base inertia using the following procedure: (1) Warm up the dynamometer according to the d ynamometer manufacturer’s instructions. Set the dy

namometer’s road - load inertia to zero and motor the rolls to 5 mph. Apply

a constant force to accelerate the roll at a nominal rate of 1 mph/s. Measure the elapsed time to accelerate from 10 to 40 m ph, noting the corresponding speed and time points to the nearest 0.01 mph and 0.01 s. Also determine average force over the measurement interval. (2) Starting from a steady roll speed of 45 mph, apply a constant force to the roll to decelerate the roll at a nominal rate of 1 mph/s. Measure the elapsed time to decelerate from 40 to 10 mph, noting the corresponding speed and time points to the nearest 0.01 mph and 0.01 s. Also determine average force over the measurement interval.***** E.O. 12866 Review**
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870 of 971 (3) Repeat the steps in paragraphs (c)(1) and (2) of this section for a total of five sets of results at the nominal acceleration rate and the nominal deceleration rate. (4) Use good engineering judgment to select two additional acceleration and deceleration rates that cover the middle and upper rates expected during testing. Repeat the steps in paragraphs (c)(1) through (3) of this section at each of these additional acceleration and deceleration rates. (5) Determine the base inertia, I b , for each measurement interval using the following equation:

b final initial F I S S

t 

  Eq. 1066.250 - 1 Where: F = average dyn amometer force over the measurement interval as measured by the dy namometer, in ft ·lbm/s 2

. S final = roll surface speed at the end of the measurement interval to the nearest 0.01 mph. S initial = roll surface speed at the start of the measurement interval to the nearest 0.01 mph. 

### t  = elapsed time during the measurement interval to the nearest 0.01 s. Example: F = 1.500 lbf = 48.26 ft ·lbm/s 2 S final = 40.00 mph = 58.67 ft/s S initial = 10.00 mph = 14.67 ft/s 

### t  = 30.00 s

b 48.26 58.67 14.67 30.00 I 

 I b = 32.90 lbm***** E.O. 12866 Review**
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871 of 971 (6) Determine the arithmetic mean value of ba se inertia from the five measurements at each acceleration and deceleration rate. Calculate these six mean values as described in 40 CFR 1065.602(b). (7) Calculate the base inertia error, I berror , for each measured base inertia, I b , by comparing it to the manufacturer’s stated base inertia, I bref , using the following equation:
bref bact berror bref 100 % I I I I    Eq. 1066.250 - 2 Example: I bref = 32.96 lbm
bact 

### I = 33.01 lbm

berror 

### 32.96 33.01 100 %

32.96 I    I berror = – 0.15 % (8) Calculate the inertia error for each mean value of base inertia from paragraph (c)(6) of this section. Use Equation 1066.265 - 2, substituting the mean base inertias associated with each acceleration and deceleration rate for the individual base inertias. (d) Performance evaluat ion . The d ynamometer must meet the following specifications to be used for testing under this part: (1) The base inertia error determined under paragraph (c)(7) of this section may not exceed ±0.50 % relative to any individual value. (2) The base inertia error determined under paragraph (c)(8) of this section may not exceed ±0.20 % relative to any mean value. **§1066.255 Parasitic loss verification.** (a) Overview. Verify

and correct the dy

namometer’s parasitic loss. This procedure determines the dynamometer’s internal losses that it must overcome to simulate road***** E.O. 12866 Review**
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872 of 971 load. These losses are characterized in a parasitic loss curve that the dynam ometer uses to apply compensating forces to maintain the desired road - load force at the roll surface. (b) Scope and frequency . Perform this verification upon initial installation, within 7 day s of testing, and after major maintenance. (c) Procedure. Perform this verification by following the dy

namometer manufacturer’s specifications to establish a parasitic loss curve, taking data at fixed speed intervals to cover the range of vehicle speeds that will occur during testing. You may zero the load cell at the selected speed if that improves your ability to determine the parasitic loss. Parasitic loss forces may

never be negative. Note that the torque transducers must be zeroed and spanned prior to performing this procedure. (d) Performance evaluation. Insome cases, the dy namo meter automatically updates the parasitic loss curve for further testing. If this is not the case, compare the new parasitic loss curve to the original parasitic loss curve from the dy namometer manufacturer or the most recent parasitic loss curve you prog rammed into the dy namometer. You may reprogram the dynamometer to accept the new curve in all cases, and you must reprogram the dynamometer if an y point on the new curve departs from the earlier curve by more than ±4.5 N (±1.0 lbf). **§1066.260 Parasitic friction compensation evaluation.**  (a) Overview. This section describes how to verify the accuracy

of the dy namometer’s friction compensation. (b) Scope and frequency . Perform this verification upon initial installation, within 7 day s before testing, and after major maintenance. Note that this procedure relies on proper verification or calibration of speed and torque, as described in §§1066.235 and1066.240. You must also first verify the dy namometer’s parasitic loss curve as specified in §1066.255. (c) Procedure. Use the following procedure to verify the accuracy

of the dy namometer’s friction compensation: (1) Warm up the dynamometer as specified b y the dynamometer manufacturer. (2) Perform a torque verification as specified b y the dy namometer manufac turer. For torque verifications rel yi ng on shunt procedures, if the results do not conform to specifications, recalibrate the dy namometer using NI ST - traceable standards as appropriate until the dyn amometer passes the torque verification. Do not change th e dy namometer’s base inertia to pass the torque verification. (3) Set the d ynamometer inertia to the base inertia with the road - load coefficients A, B, and C set to 0. Set the dynamometer to speed - control mode with a target speed of 10 mph or a higher spe ed recommended b y the d ynamometer manufacturer. Once the speed***** E.O. 12866 Review**
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873 of 971 stabilizes at the target speed, switch the dynamometer from speed control to torque control and allow the roll to coast for 60 seconds. Record the initial and final speeds and the correspondi ng start and stop times. I f friction compensation is executed perfectly , there will be no change in speed during the measurement interval. (4) Calculate the friction compensation error, FC error , using the following equation: 

#   2 2 error final init 

### 2 I FC S S

t   
 Eq. 1066.260 - 5 Where: I = d ynamometer inertia setting, in lbf·s 2 /ft. t = duration of the measurement interval, accurate to at least 0.01 s. S final = the roll speed corresponding to the end of the measurement interval, accurate to at least 0.1 mph. S init = the roll speed corresponding to the start of the measurement interval, accurate to at least 0.1 mph. Example: I = 2000 lbm = 62.16 lbf· s 2 /ft t = 60.0 s S final = 9.2 mph = 13.5 ft/s S init = 10.0 mph = 14.7 ft/s



#   2 2 error 

### 62.16 1 3.5 14.7 2 6 0.00 FC   

 FC error = – 16.5 ft ·lbf/s =

– 0.031 hp (5) The friction compensation error may not exceed ±0.1 hp. **§1066.265 Acceleration and deceleration verification.******* E.O. 12866 Review**
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874 of 971 (a) Overview. This section describes how to verify the dy namometer’s ability

to achieve targeted accelerati on and deceleration rates. Paragraph (c) of this section describes how this verification applies when the dynamometer is programmed directly for a specific acceleration or deceleration rate. Paragraph (d) of this section describes how this verification a

pplies when the dy

namometer is programmed with a calculated force to achieve a targeted acceleration or deceleration rate. (b) Scope and frequency . Perform this verification upon initial installation and after major maintenance. (c) Verification of accele ration and deceleration rates. Activate the dynamometer’s function generator for measuring roll revolution frequency . If the dy namometer has no such function generator, set up a properly calibrated external function generator consistent with the verification described in this paragraph (c). Use the function generator to determine actual acceleration and deceleration rates as the dyn amometer traverses speeds between 10 and 40 mph at various nominal acceleration and deceleration rates. Verify

the d ynamomet er’s acceleration and deceleration rates as follows: (1) Set up start and stop frequencies specific to your dy namometer by

identifying the roll revolution frequency , f

, in revolutions per second (or Hz) corresponding to 10 mph and 40 mph vehicle speeds, ac curate to at least four significant figures, using the following equation:

roll S n f d   

 Eq. 1066.265 - 1 Where: S = the target roll speed, in inches per second (corresponding to drive speeds of 10 mph or 40 mph). n = the number of pulses from the dynamometer’s roll - speed sensor per roll revolution. d roll = roll diameter, in inches. (2) Program the dy

namometer to accelerate the roll at a nominal rate of 1 mph/s from 10 mph to 40 mph. Measure the elapsed time to rea ch the target speed, to the nearest 0.01 s. Repeat this measurement for a total of five runs. Determine the actual acceleration rate for each run, a act , using the following equation:

final init act 

### S S a t

 ***** E.O. 12866 Review**
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875 of 971 Eq. 1066.265 - 2 Where: a act = acceleration rate (decelerations have negative values). S final = the target value for the final roll speed. S init = the setpoint value for the initial roll speed. t = time to accelerate from S init to S final . Example: S inal = 40 mph S init = 10 mph t = 3 0.003 s

act 

### 40.00 10.00 30.03 a   a act = 0.999 mph/s (3) Program the dyn amometer to decelerate the roll at a nominal rate of 1 mph/s from 40 mph to 10 mph. Measure the elapsed time to reach the target speed, to the nearest 0.01 s. Repeat this measureme nt for a total of five runs. Determine the actual acceleration rate, a act , using Equation 1066.265 - 2 (4) Repeat the steps in paragraphs (c)(2) and (3) of this section for additional acceleration and deceleration rates in 1 mph/s increments up to and inclu ding one increment above the maximum acceleration rate expected during testing. Average the five repeat runs to calculate a mean acceleration rate, act a , at each setting. (5) Compare each mean acceleration rate, act a , to the corresponding nominal acceleration rate, a ref , to determine values for acceleration error, a error , using the following equation:

act ref error ref 100 % a a a a

   Eq. 1066.265 - 4***** E.O. 12866 Review**
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876 of 971 Example:

act a = 0.999 mph/s a ref = 1 mph/s a error = – 0.100 % (d) Verification of forces for controlling acceleration and deceleration. Program the dy namometer with a calculated force value and determine actual acceleration and deceleration rates as the dy namometer traverses speeds between 10 and 4 0 mph at various nominal acceleration and deceleration rates. Verify the d yn amometer’s ability to achieve certain acceleration and deceleration rates with a given force as follows: (1) Calculate the force setting, F , using the following equation:

b F I a  Eq. 1066.265 - 5 Where: I b = the dy namometer manufacturer’s stated base inertia, in lbf·s 2 /ft. a = nominal acceleration rate, in ft/s 2

. Example: I b = 2967 lbm = 92.217 lbf· s 2 /ft a = 1 mph/s = 1.4667 ft/s 2 F = 135.25 lbf (2) Set the d ynamometer to road - load mode and program it with a calculated force to accelerate the roll at a nominal rate of 1 mph/s from 10 mph to 40 mph. Measure the elapsed time to reach the target speed, to the nearest 0.01 s. Repeat this measurement for a total of five runs. Determine the actual acceleration rate, a act , for each run using Equation 1066.265 - 2. Repeat this step to determine measured “negative acceleration” rates using a calculated force to decelerate the roll at a nominal rate of 1 mph/s from 40 mph to 10 mph. Average the five repeat runs to calculate a mean acceleration rate, act a , at each setting.***** E.O. 12866 Review**
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877 of 971 (3) Repeat the steps in paragraph (d)(2) of this section for additional acceleration and deceleration rates as spe cified in paragraph (c)(4) of this section. (4) Compare each mean acceleration rate, act a , to the corresponding nominal acceleration rate, a ref , to determine values for acceleration error, a error , using Equation 1066.265 - 4 (e) Perform ance evaluation . The acceleration error from paragraphs (c)(5) and (d)(4) of this section may

not exceed ±1.0 %. **§1066.270 Unloaded coastdown verification.** (a) Overview. Use force measurements to verify the dy namometer’s settings based on coastdown procedures. (b) Scope and frequency . Perform this verification upon initial installation, within 7 day s of testing, and after major maintenance. (c) Procedure. This procedur e verifies the dyn amometer’s settings derived from coastdown testing. For dynamometers that have an automated process for this procedure, perform this evaluation by setting the initial speed and final speed and the inertial and road - load coefficients as r equired for each test, using good engineering judgment to ensure that these values properl y represent in - use operation. Use the following procedure if your d yn amometer does not perform this verification with an automated process: (1) Warm up the dy

namomet er as specified b y the dynamometer manufacturer. (2) With the dy

namometer in coastdown mode, set the dy namometer inertia for the smallest vehicle weight that you expect to test and set A, B, and C road - load coefficients to values ty

pical of those used duri ng testing. Program the d ynamometer to operate at 10 mph. Perform a coastdown two times at this speed setting. Repeat these coastdown steps in 10 mph increments up to and including one increment above the maximum speed expected during testing. You may stop the verification before reaching 0 mph, with any appropriate adjustments in calculating the results. (3) Repeat the steps in paragraph (c)(2) of this section with the dy namometer inertia set for the largest vehicle weight that you expect to test . (4) Determine the average coastdown force, F , for each speed and inertia setting using the following equation:

si 

### I S F t   Eq. 1066.270 - 1 Where:***** E.O. 12866 Review**
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878 of 971 F = the average force measured during the coastdown for each speed and inertia setting, expressed in lbf· s 2 /ft and rounded to four significant figures. I = the d ynamometer’s inertia setting, in lbf· s 2 /ft. S si = the speed setting at the start of the coastdown, expressed in ft/s and rounded to four significant figures. t = coastdown time for each speed and inertia setting, accurate to at least 0.01 s. Example: I = 2000 lbm = 65.17 lbf · s 2 /ft S si = 10 mph = 14.66 ft/s t = 5.00 s 

### 65.17 14.66 5.00 F   F = 191 lbf (5) Calculate the target value of coastdown force, F ref , based on the applicable dy namo meter parameters for each speed and inertia setting. (6) Compare the mean value of the coastdown force measured for each speed and inertia setting, act 

### F , to the corresponding F ref to determine values for coastdown force error, F error , using the following equation:

act ref error ref 100 % F F F F

   Eq. 1066.270 - 2 Example: F ref = 192 lbf

act 

### F = 191 lbf***** E.O. 12866 Review**
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879 of 971 error 

### 191 192 100 % 192 F    F error = – 0.5 % (7) The maximum allowable error, F errormax , for all speed and inertia setting s is calculated from the following formula, except that F errormax for vehicles with GVWR above 14,000 lbs may be up to ±1.0 % : F errormax (%) = (2.2 lbf/

F ref )·100 **§1066.280 Driver’s aid.** Use good engineering judgment to provide a driver’s aid that facilitates compliance with the requirements of §1066.430. **Subpart D —**  **Coastdown §1066.301 Overview of coastdown procedures.**  (a) The coastdown procedures described in this subpart are used to determine the load coefficients (A, B, and C) for the simulated road - load equation in §1066.210(d)(3). (b) The general procedure for performing coastdown tests and calculating load coefficients is described in SAE J1263 and SAE J2263 (incorporated b y reference in §1066.710). This subpart specifies certain deviations f rom those procedures for certain applications. (c) Use good engineering judgment for all aspects of coastdown testing. For example, minimize the effects of grade b y performing coastdown testing on reasonably level surfaces and determining coefficients bas ed on average values from vehicle operation in opposite directions over the course. **§1066.310 Coastdown procedures for heavy -**  **duty vehicles.** This section describes coastdown procedures that are unique to heav y - dut y motor vehicles. Note as specified in th e standard setting parts, this section does not apply for certain heav y - dut y vehicles, such as those regulated under 40 CFR part 86, Subpart S.***** E.O. 12866 Review**
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880 of 971 (a) Determine load coefficients by performing a minimum of 16 valid coastdown runs (8 in each direction). (b) Follow the provisions of Sections 1 through 9 of SAE J1263, and SAE J2263 (incorporated b y reference in §1066.710), except as described in this paragraph (b). The terms and variables identified in this paragraph (b) have the meaning given in SAE J1263 or J2263 unless specified otherwise. (1) The test condition specifications of SAE J1263 apply except as follows for wind and road conditions: (i) We recommend that you do not perform coastdown testing on days for which winds are forecast to exceed 6.0 mph. (i i) The grade of the test track or road must not be excessive (considering factors such asroad safet y standards and effects on the coastdown results). Road conditions should follow Section 7.4 of SAE J1263, except that road grade may exceed 0.5%. If road grade is greater than 0.02% over the length of the test surface, then the road grade as a function of distance along the length of the test surface must be incorporated in the anal ys is. To calculate the force due to grade use Section 11.5 of SAE J2263. (2 ) You must reach a top speed of greater than 70 mph such that data collection of the coastdown can start at or above 70 mph. Data collection must occur through a minimum speed at or below 15 mph. Data analy sis for valid coastdown runs must include a maxi mum speed of 70 mph and a minimum speed of 15 mph. (3) Gather data regarding wind speed and direction, in coordination with time - of - day data, using at least one stationary electro - mechanical anemometer and suitable data loggers meeting the specifications o f SAE J1263, as well as the following additional specifications for the anemometer placed adjacent to the test surface: (i) Run the zero - wind and zero - angle calibration data collection. (ii) The anemometer must have had its outputs recorded at a wind speed of 0.0 mph within 24 hours before each coastdown test in which it is used. (iii) Record the location of the anemometer using a GPS measurement device adjacent to the test surface (approximately) at the midway distance along the test surface used for coast downs. (iv) Position the anemometer such that it will be at least 2.5 but not more than 3.0 vehicle widths from the test vehicle’s centerline as the test vehicle passes the location of that anemometer. (v) Mount the anemometer at a height that is within 6 inches of half the test vehicle’s maximum height.***** E.O. 12866 Review**
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881 of 971 (vi) Place the anemometer at least 50 feet from the nearest tree and at least 25 feet from the nearest bush (or equivalent roadside features). (vii) The height of the grass surrounding the stationary anemom eter may

not exceed 10% of the anemometer’s mounted height, within a radius equal to the anemometer’s mounted height. (4) You may

split runs as per Section 9.3.1 of SAE J2263, but we recommend whole runs. If you split a run, analyze each portion separatel y, but count the split runs as one run with respect to the minimum number of runs required. (5) You may

perform consecutive runs in a single direction, followed by consecutive runs in the opposite direction, consistent with good engineering judgment. Harm onize starting and stopping points to the extent practicable to allow runs to be paired. (6) All valid coastdown run times in each direction must be within 2.0 standard deviations of the mean of the valid coastdown run times (from 70 mph down to 15 mph) in that direction. Eliminate runs outside this range. After eliminating these runs you must have at least eight valid runs each direction. (7) Determine drag area, C D A , as follows instead of using the procedure specified in SAE J1263, Section 10: (i) Measure vehicle speed at fixed intervals over the coastdown run (generally at 10 Hz), including speeds at or above 15 mph and at or below 70 mph. Establish the height or altitude corresponding to each interval as described in SAE J2263 if you need to incorporate the effects of road grade. (ii) Calculate the vehicle’s effective mass, M e , in kg b y adding 56.7 kg to the vehicle mass for each tire making road contact. This accounts for the rotational inertia of the wheels and tires. (iii) Calculate the road - load f orce for each measurement interval, F i , using the following equation: i i 1 i e 

### v v F M t 



###      Eq. 1066.310 - 1 Where: v = Vehicle speed at the beginning and end of the measurement interval. Let v 0 = 0. Δ t = Elapsed time over the measurement interval.***** E.O. 12866 Review**
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882 of 971 (i v) Plot the data from all the coastdown runs on a single plot of F i vs. v i 2 to determine the slope correlation, D , based on the following equation: 2 i e m i



### h F M g A D v

s 

       Eq. 1066.310 - 2 Where: g = Gravitational acceleration = 9.81 m/s 2

. Δ h = Change in height or altitude over the measurement interval, in m. Assume Δh = 0 if yo u are not correcting for grade. Δs = Distance the vehicle travels down the road during the measurement interval, in m. A m = the calculated value of the y - intercept b ased on the curve - fit. (v) Calculate drag area, C D A , in m 2 using the following equation: adj D 2 D C A    Eq. 1066.310 - 3 Where: ρ = Air densit y at reference conditions = 1.17 kg/m 3

. adj B

98.21 293 T D D P

               Eq. 1066.310 - 4 T = Average ambient temperature during testing, in K.

B 

### P = Average ambient pressuring during the test, in kPa. (8) Determine the A, B, and C coefficients identified in §1066.210 as follows: A= A m B= 0 C= D adj***** E.O. 12866 Review**
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883 of 971 **Subpart E —** 

**Vehicle Preparation and Running a Test**  **§1066.401 Overview.** (a) Use the procedures detailed in this subpart to measure vehicle emissions over a specified drive schedule. This subpart describes how to: (1) Determine road - load power, test weight, and inertia class . (2) Prepare the vehicle, equipment, and measurement instruments for an emission test. (3) Perform pre - test procedures to verify proper operation of certain equipment and anal yz ers and to prepare them for testing. (4) Record pre - test data. (5) Sample emis sions. (6) Record post - test data. (7) Perform post - test procedures to verify proper operation of certain equipment and anal yz ers. (8) Weigh PM samples. (b) An emission test generally consists of measuring emissions and other parameters while a vehicle foll ows the drive schedules specified in the standard - setting part. There are two general ty

pes of test cycles: (1) Transient cycles . Transient test cycles are t ypically specified in the standard - setting part as a second - by - second sequence of vehicle speed c ommands. Operate a vehicle over a transient cycle such that the speed follows the target values. Proportionally sample emissions and other parameters and use the calculations in 40 CFR part 86, subpart B, or 40 CFR part 1065, subpart G, to calculate emiss ions. The standard - setting part may specify three ty pes of transient testing based on the approach to starting the measurement, as follows: (i) A cold - start transient cycle where you start to measure emissions just before starting an engine that has not b een warmed up. (ii) A hot - start transient cycle where you start to measure emissions just before starting a warmed - up engine. (iii) A hot running transient cycle where you start to measure emissions after an engine is started, warmed up, and running.***** E.O. 12866 Review**
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884 of 971 (2) C ruise cycles . Cruise test cycles are t ypicall y specified in the standard - setting part as a discrete operating point that has a single speed command. (i) Start a cruise cycle as a hot running test, where you start to measure emissions after the engine is s tarted and warmed up and the vehicle is running at the target test speed. (ii) Sample emissions and other parameters for the cruise cycle in the same manner as a transient cycle, with the exception that the reference speed value is constant . Record instantaneous and mean speed values over the cycle. **§1066.407 Vehicle preparation and preconditioning.** This section describes steps to take before measuring exhaust emissions for those vehicles that are subject to evaporative or refueling emission tests as specified in the standard setting part. Other preliminary procedures may

appl y as specified in the standard - setting part. (a) Prepare the vehicle for testing as described in 40 CFR 86.131. (b) If testing will include measurement of refueling emissions, p erform the vehicle preconditioning steps as described in 40 CFR 86.153. Otherwise, perform the vehicle preconditioning steps as described in 40 CFR 86.132. **§1066.410 Dynamometer test procedure.**  (a) D yn amometer testing may consist of multiple drive cycles with both cold - start and hot - start portions, including prescribed soak times before each test phase. See the standard - setting part for test cycles and soak times for the appropriate vehicle category . A test phase consists of engine startup (with accessories operated according to the standard - setting part), operation over the drive cycle, and engine shutdown. (b) During d ynamometer operation, position a cooling fan that appropriately directs cooling air to the vehicle. This generall y requires squarel y pos itioning the fan within 30 centimeters of the front of the vehicle and directing the airflow to the vehicle’s radiator. (1) For vehicles with GVWR at or below 14,000 lbs, y ou may use either of the following cooling fan configurations: (i) Use a fixed - spee d fan to appropriatel y direct cooling air to the vehicle with the engine compartment cover open. The fan capacity may not exceed 2.50 m 3 /s. I f you determine that additional cooling is needed to properl y represent in - use operation, use good engineering ju dgment to increase the fan’s capacity or use additional fans, subject to our approval. (ii) Use a road - speed modulated fan s ys tem that achieves a linear speed of cooling air at the blower outlet that is within ±3.0 mph (±1.3 m/s) of the corresponding roll speed when vehicle speeds are between 5 and 30 mph (2.2 to 13.4 m/s), and within ±6.5 mph (±2.9 m/s) of the corresponding roll speed at higher vehicle speeds. The fan must provide no cooling air for vehicle speeds below 5 mph, unless we approve your reque st to provide cooling during low - speed operation based on a demonstration that this is appropriate to***** E.O. 12866 Review**
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885 of 971 simulate cooling for in - use vehicles. We recommend that the cooling fan have a minimum opening of 0.2 m 2 and a minimum width of 0.8 m. (2) For vehicles w ith GVWR above 14,000 lbs, use a road - speed modulated fan s ys tem that achieves a linear speed of cooling air at the blower outlet that is within ±3.0 mph (±1.3 m/s) of the corresponding roll speed when vehicle speeds are between 5 and 30 mph (2.2 to 13.4 m/s), and within ±10 mph (±4.5 m/s) of the corresponding roll speed at higher vehicle speeds. The fan must provide no cooling air for vehicle speeds below 5 mph, unless we approve your request to provide cooling during low - speed operation based on a demons tration that this is appropriate to simulate the cooling experienced b y in - use vehicles. We recommend that the cooling fan have a minimum opening of 2.75 m 2 , a minimum flow rate of 3,600 m 3 /min at 50 mph, and that it maintain a minimum speed profile acros s the duct, in the free stream flow, of ±15 % of the target flow rate. (3) If the cooling specifications in this paragraph (b) are impractical for special vehicle designs, such as vehicles with rear - mounted engines, you may arrange for an alternative fan c onfiguration that allows for proper simulation of vehicle cooling during in - use operation, subject to our approval. (c) Record the vehicle’s speed trace based on the time and speed data from the dy namometer. Record speed to at least the nearest 0.01 m/s or 0.1 mph and time to at least the nearest 0.1 s. (d) You may

perform practice runs to for operating the vehicle and the dy namometer controls to meet the driving tolerances specified in §1066.430 or adjust the emission sampling equipment. Verify that th e accelerator pedal allows for enough control to closely follow the prescribed driving schedule. You may not measure emissions during a practice run. (e) Inflate the drive wheel tires according to the vehicle manufacturer’s specifications. The drive whee ls’ tire pressure must be the same for dy namometer operation and for coastdown procedures for determining road - load coefficients. Report these tire pressure values with the test results. (f) For vehicles with GVWR above 14,000 lbs, you must use a vehicl e pull down mechanism that allows simulation of the actual normal forces that the tire and dy namometer roll interface would see if a loaded vehicle were actuall y being tested. Use of this mechanism will ensure that wheel slip does not occur when trying to accelerate the loaded vehicle. (g) Use good engineering judgment when testing vehicles in four - wheel drive or all wheel drive mode. This may involve testing on a dy

namometer with a separate dy namometer roll for each drive axle. This may also involve ope ration on a single roll, which may

require disengaging the second set of drive wheels, either with a switch available to the driver or by some other means; however, operating such a vehicle on a single roll may

occur only

if this does not decrease emission s or energy consumption***** E.O. 12866 Review**
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886 of 971 relative to normal in - use operation. Alternatively , for heav y - dut y motor vehicles, up to two drive axles may

use a single drive roll, as described in §1066.210(d)(2). (h) Warm up the dynamometer as recommended by the dyn amometer manufacturer. (i) Following the test, determine the actual driving distance b y counting the number of dy namometer roll or shaft revolutions, or by integrating speed over the course of testing from a high - resolution encoder s ys tem. **§1066.420 Pre -**  **test verific ation procedures and pre**  **- test data collection.**  (a) Follow the procedures for PM sample preconditioning and tare weighing as described in 40 CFR 1065.590 if your engine must comply with a PM standard. (b) Unless the standard - setting part specifies different tolerances, verify at some point before the test that ambient conditions are within the tolerances specified in this paragraph (b). For purposes of this paragraph (b), “before the test” means any time from a point just prior to engine starting (excluding engine restarts) to the point at which emission sampling begins. (1) Ambient temperature must be (20 to 30) °C. See §1066.430(m) for circumstances under which ambient temperatures must remain within this range during the test. (2) Atmospheric pressure must be (80.000 to 103.325) kPa. You are not required to verify atmospheric pressure prior to a hot - start test interval for testing that also includes a cold start. (3) Dilution air conditions must meet the specifications in 40 CFR 1065.140, except in cas es where you preheat your CVS before a cold - start test. We recommend verifying dilution air conditions just before starting each test phase. (c) You may

test vehicles at any

intake - air humidity . (d) You may

perform a final calibration of proportional - flow control s ys tems, which may include performing practice runs. (e) You may

perform the following procedure to precondition sampling s ys tems: (1) Operate the vehicle over the test cycle. (2) Operate an y dilution sy stems at their expected flow rates. Prevent aqueous condensation in the dilution sy stems. (3) Operate an y PM sampling s ys tems at their expected flow rates.***** E.O. 12866 Review**
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887 of 971 (4) Sample PM for at least 10 min using any sample media. You may change sample media during preconditioning. You must discard preconditioni ng samples without weighing them. (5) You may

purge an y gaseous sampling s ys tems during preconditioning. (6) You may

conduct calibrations or verifications on any idle equipment or anal yz ers during preconditioning. (7) Proceed with the test sequence describ ed in §1066.430. (f) Verify the amount of nonmethane h ydrocarbon (or equivalent) contamination in the exhaust and background HC sampling s ys tems within 8 hours before the start of the first test drive cycle for each individual vehicle tested as described i n 40 CFR 1065.520(g). **§1066.425 Engine starting and restarting.** (a) Start the vehicle’s engine as follows: (1) At the beginning of the test cycle, start the engine according to the procedure you describe in your owners manual. In the case of hybrid vehic les, this would generall y involve activating vehicle sy stems such that the engine will start when the vehicle’s control algorithms determine that the engine should provide power instead of or in addition to power from the rechargeable energy storage s ys tem (RESS). Unless we specify otherwise, engine starting throughout this part generall y refers to this step of activating the s ys tem on hy brid vehicles, whether or not that causes the engine to start running. (2) Place the transmission in gear as described b y the test cycle in the standard - setting part. During idle operation, you may apply the brakes if necessary

to keep the drive wheels from turning. (b) If the vehicle does not start after your recommended maximum cranking time, wait and restart cranking ac cording to your recommended practice. If you don’t recommend such a cranking procedure, stop cranking after 10 seconds, wait for 10 seconds, then start cranking gain for up to 10 seconds. You may repeat this for up to three start attempts. If the vehicle does not start after three attempts, you must determine and record the reason for failure to start. Shut off sampling s ys tems and either turn the CVS off, or disconnect the exhaust tube from the tailpipe during the diagnostic period. Reschedule the vehic le for testing from a cold start. (c) Repeat the recommended starting procedure if the engine has a “false start”. (d) Take the following steps if the engine stalls:***** E.O. 12866 Review**
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888 of 971 (1) If the engine stalls during an idle period, restart the engine immediately and continue the test. If you cannot restart the engine soon enough to allow the vehicle to follow the next acceleration, stop the driving schedule indicator and reactivate it when the vehicle restarts. (2) If the engine stalls during operation other than idle , stop the driving schedule indicator, restart the engine, accelerate to the speed required at that point in the driving schedule, reactivate the driving schedule indicator, and continue the test. (3) Void the test if the vehicle will not restart within on e minute. If this happens, remove the vehicle from the dynamometer, take corrective action, and reschedule the vehicle for testing. Record the reason for the malfunction (if determined) and an y corrective action. See the standard - setting part for instruc tions about reporting these malfunctions. **§1066.430 Performing emission tests.** The overall test consists of prescribed sequences of fueling, parking, and driving at specified test conditions. (a) Vehicles are tested for criteria pollutants and greenhouse gas emissions as described in the standard - setting part. (b) Take the following steps before emission sampling begins: (1) For batch sampling, connect clean storage media, such as evacuated bags or tare weighed filters. (2) Start all measurement instrument s according to the instrument manufacturer’s instructions and using good engineering judgment. (3) Start dilution sy stems, sample pumps, and the data - collection sy stem. (4) Pre - heat or pre - cool heat exchangers in the sampling sy stem to within their operati ng temperature tolerances for a test. (5) Allow heated or cooled components such as sample lines, filters, chillers, and pumps to stabilize at their operating temperatures. (6) Verify that there are no significant vacuum - side leaks according to 40 CFR 1065 .345. (7) Adjust the sample flow rates to desired levels using b ypass flow, if desired. (8) Zero or re - zero an y electronic integrating devices before the start of an y test interval. (9) Select gas anal yz er ranges. You may automatically

or manuall y switch gas anal yz er ranges during a test only

if switching is performed by changing the span over which the digital resolution of the instrument is applied. During a test you may not switch the gains of an anal yz er’s analog operational amplifier(s).***** E.O. 12866 Review**
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889 of 971 (10) Zero and span all continuous gas analyzers using NIST - traceable gases that meet the specifications of 40 CFR 1065.750. Span FID analyzers on a carbon number basis of one (C 1 ). For example, if you use a C 3 H 8 span gas of concentration 200 mol/mol, span the FID t o respond with a value of 600 mol/mol. Span FID anal yz ers consistent with the determination of their respective response factors, RF , and penetration fractions, PF , according to 40 CFR 1065.365. (11) We recommend that you verify gas anal yz er responses af ter zeroing and spanning by sampling a calibration gas that has a concentration near one - half of the span gas concentration. Based on the results and good engineering judgment, you may decide whether or not to re - zero, re - span, or re - calibrate a gas anal yz er before starting a test. (12) If you correct for dilution air background concentrations of associated engine exhaust constituents, start sampling and recording background concentrations. (13) Turn on cooling fans immediately before starting the test. (c) Operate vehicles during testing as follows: (1) Where we do not give specific instructions, operate the vehicle according to your recommendations in the owners manual, unless those recommendations are unrepresentative of what may reasonably

be expected fo r in - use operation. (2) If vehicles have features that preclude dynamometer testing, modify these features as necessary to allow testing, consistent with good engineering judgment. (3) Operate vehicles during idle as follows: (i) For a vehicle with an auto matic transmission, operate at idle with the transmission in “Drive” with the wheels braked, except that you may shift to “Neutral” for the first idle period and for an y idle period longer than one minute. If you put the vehicle in “Neutral” during an idl e, you must shift the vehicle into “Drive” with the wheels braked at least 5 seconds before the end of the idle period. (ii) For vehicles with manual transmission, operate at idle with the transmission in gear with the clutch disengaged, except that you may shift to “Neutral” with the clutch disengaged for the first idle period and for an y idle period longer than one minute. I f you put the vehicle in “Neutral” during idle, you must shift to first gear with the clutch disengaged at least 5 seconds before the end of the idle period. (4) Operate the vehicle with the appropriate accelerator pedal movement necessary to achieve the speed versus time relationship prescribed by the driving schedule. Avoid smoothing speed variations and excessive accelerator pedal perturbations. (5) Operate the vehicle smoothly , following representative shift speeds and procedures. For manual transmissions, the operator shall release the accelerator pedal during each shift and accomplish the shift with minimum time. If the vehicle cannot accelerate at the***** E.O. 12866 Review**
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890 of 971 specified rate, operate it at maximum available power until the vehicle speed reaches the value prescribed for that time in the driving schedule. (6) Decelerate without changing gears, using the brakes or accelerator pedal as nece ssary to maintain the desired speed. Keep the clutch engaged on manual transmission vehicles and do not change gears after the end of the acceleration event. Depress manual transmission clutches when the speed drops below 6.7 m/s (15 mph), when engine rou ghness is evident, or when engine stalling is imminent. (7) For test vehicles equipped with manual transmissions, shift gears in a way that represents reasonable shift patterns for in - use operation, considering vehicle speed, engine speed, and an y other re levant variables. You may recommend a shift schedule in yo ur owners manual that differs from your shift schedule during testing as long as you include both shift schedules in your application for certification. In this case, we may use the shift schedule you describe in your owners manual. (d) See the standard - setting part for drive schedules. These are defined by a smooth trace drawn through the specified speed vs. time sequence. (e) The driver must attempt to follow the target schedule as closel y as po ssible, consistent with the specifications in paragraph (b) of this section. Instantaneous speeds must stay within the following tolerances: (1) The upper limit is 1.0 m/s (2 mph) higher than the highest point on the trace within 1.0 s of the given point in time. (2) The lower limit is 1.0 m/s (2 mph) lower than the lowest point on the trace within 1.0 s of the given time. (3) The same limits apply for vehicle preconditioning, except that the upper and lower limits for speed values are ±2.0 m/s (±4 mph). ( 4) Void the test if you do not maintain speed values as specified in this paragraph (e)(4). Speed variations (such as may occur during gear changes or braking spikes) may occur as follows, provided that such variations are clearl y documented, including th e time and speed values and the reason for the deviation: (i) Speed variations greater than the specified limits are acceptable for up to 2.0 seconds on any occasion. (ii) For vehicles that are not able to maintain acceleration as specified in paragraph (c )(5) of this section, do not count the insufficient acceleration as being outside the specified limits. (f) Figure 1 and Figure 2 of this section show the range of acceptable speed tolerances for ty pical points during testing. Figure 1 of this section is typical of portions of the speed curve that are increasing or decreasing throughout the 2 - second time interval. Figure 2 of***** E.O. 12866 Review**
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891 of 971 this section is ty

pical of portions of the speed curve that include a maximum or minimum value.***** E.O. 12866 Review**
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892 of 971 **(i)** Figure 1 of §1066.430

— Example of the allowable ranges for the driver’s trace.

**(ii)** Figure 2 of §1066.430

— Example of the allowable ranges for the driver’s trace. **1 .0**  **s**



### Time**S p** **e e** **d Allowable**  **Range 1** **. 0** **m /** **s 1** **. 0** **m /** **s**

**1 .0**  **s**

**1 .0**  **s**



### Time**S p** **e e** **d Allowable** 

**Range 1** **. 0** **m /** **s 1** **. 0** **m /** **s**

**1 .0**  **s******* E.O. 12866 Review**
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893 of 971 (g) Start testing as follows: (1) If a vehicle is already running and warmed up, and starting is not part of the test cycle, operat e the vehicle as follows: (i) For transient test cycles, control vehicle speeds to follow a drive schedule consisting of a series of idles, accelerations, cruises, and decelerations. (ii) For cruise test cycles, control the vehicle operation to match the s peed of the first phase of the test cycle. Follow the instructions in the standard - setting part to determine how long to stabilize the vehicle during each phase, how long to sample emissions at each phase, and how to transition between phases. (2) If engi ne starting is part of the test cycle, initiate data logging, sampling of exhaust gases, and integrating measured values before starting the engine. Initiate the driver’s trace when the engine starts. (h) At the end of each test interval, continue to oper ate all sampling and dilution sy stems to allow the response times to elapse. Then stop all sampling and recording, including the recording of background samples. Finall y, stop any integrating devices and indicate the end of the dut y c ycl e in the recorded data. (i) Shut down the vehicle if it is part of the test cycle or if testing is complete. (j) If testing involves engine shutdown followed by another test phase, start a timer for the vehicle soak when the engine shuts down. (k) Take the following steps after emission sampling is complete: (1) For an y proportional batch sample, such as a bag sample or PM sample, verify that proportional sampling was maintained according to 40 CFR 1065.545. Void any samples that did not maintain proportional sampling acco rding to specifications. (2) Place an y used PM samples into covered or sealed containers and return them to the PM - stabilization environment. Follow the PM sample post - conditioning and total weighing procedures in 40 CFR 1065.595. (3) As soon as practica l after the test cycle is complete, or optionally during the soak period if practical, perform the following: (i) Drift check all continuous gas anal yz ers and zero and span all batch gas analyzers no later than 30 minutes after the test cycle is complete, or during the soak period if practical. (ii) Anal yz e any

conventional gaseous batch samples no later than 30 minutes after a test phase is complete, or during the soak period if practical. Anal yz e nonconventional***** E.O. 12866 Review**
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894 of 971 gaseous batch samples, such as NMHCE sampl ing with ethanol, as soon as practicable using good engineering judgment. (iii) Analyze background samples no later than 60 minutes after the test cycle is complete. (4) After quantifying exhaust gases, verify drift as follows: (i) For batch and continuous gas anal yz ers, record the mean analyzer value after stabilizing a zero gas to the anal yz er. Stabilization may include time to purge the anal yz er of an y s ample gas, plus any additional time to account for anal yz er response. (ii) Record the mean analyzer value after stabilizing the span gas to the analyzer. Stabilization may

include time to purge the anal yz er of an y s ample gas, plus any additional time to account for anal yz er response. (iii) Use these data to validate and correct for drift as described i n 40 CFR 1065.550. (l) [Reserved] (m) Measure and record ambient temperature and pressure. Also measure humidity , as required, such as for correcting NO x emissions. For testing vehicles with the following engines, you must record ambient temperature cont inuously to verify that it remains within the temperature range specified in §1066.420(b)(1) throughout the test: (1) Air - cooled engines. (2) Engines equipped with emission control devices that sense and respond to ambient temperature. (3) An y other engine for which good engineering judgment indicates that this is necessary to remain consistent with 40 CFR 1065.10(c)(1). **Subpart F —** **Hybrids §1066.501 Overview.**  To correct fuel econom y or emission results for Net Energy Change of the RESS, use the procedures specified for charge - sustaining operation in SAE J2711 (incorporated b y reference in §1066.710). **Subpart G**

**— Calculations** ***** E.O. 12866 Review**
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895 of 971 **§1066.601 Overview.** (a) This subpart describes how to

– (1) Use the signals recorded before, during, and after an emission test to calc ulate distance - specific emissions of each regulated pollutant. (2) Perform calculations for calibrations and performance checks. (3) Determine statistical values. (b) You may

use data from multiple sy stems to calculate test results for a single emission test, consistent with good engineering judgment. You may also make multiple measurements from a single batch sample, such as multiple weighing of a PM filter or multiple readings from a bag sample. You may not use test results from multiple emission test s to report emissions. We allow weighted means where appropriate. You may discard statistical outliers, but you must report all results. **§1066.610 Mass -**  **based and molar -**  **based exhaust emission calculations.** (a) Calculate your total mass of emissions over a test cycle as specified in 40 CFR 86.144 or 40 CFR part 1065, subpart G. (b) For composite emission calculations over multiple test phases and corresponding weighting factors, see the standard - setting part . **Subpart H —** **Definitions and Other Reference Mate rial**  **§1066.701 Definitions.** The definitions in this section apply to this part. The definitions apply to all subparts unless we note otherwise. Other terms have the meaning given in 40 CFR part 1065. The definitions follow: Base inertia means a value expressed in mass units to represent the rotational inertia of the rotating dynamometer components between the vehicle driving tires and the dy namometer torque - measuring device, as specified in §1066.250. Driving schedule means a series of v ehicle speeds that a vehicle must follow during a test. Driving schedules are specified in the standard - setting part. A driving schedule may consist of multiple test phases.***** E.O. 12866 Review**
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896 of 971 Duty cycle means a set of weighting factors and the corresponding test cycles, where the weighting factors are used to combine the results of multiple test phases into a composite result. Road - load coefficients means sets of A, B, and C road - load force coefficients that are used in the dy

namometer road - load simulation, where road - load force at speed S equals A + B · S + C · S

2

. Test phase means a duration over which a vehicle’s emission rates are determined for comparison to an emission standard. For example, the standard - setting part may specify a complete dut y c ycl e as a cold - start tes t phase and a hot - start test phase. In cases where multiple test phases occur over a dut y cycle, the standard - setting part may specify additional calculations that weight and combine results to arrive at composite values for comparison against the applica ble standards. Test weight has the meaning given in the standard - setting part. Unloaded coastdown means a dy namometer coastdown run with the vehicle wheels off the roll surface. **§1066.705 Symbols, abbreviations, acronyms, and units of measure.** The proce dures in this part generally follow either the International S ys tem of Units (SI) or the United States customary units, as detailed in NI ST Special Publication 811, “Guide for the Use of the International Sy stem, of Units (SI ),” which we incorporate by ref erence in §1066.710. See 40 CFR 1065.20 for specific provisions related to these conventions. This section summarizes the way we use s ymbols, units of measure, and other abbreviations. (a) Sy mbols for quantities . This part uses the following s ymbols and units of measure for various quantities: Symbol Quantity Unit Unit symbol Unit in terms of SI base units

a acceleration feet per second squared or meters per second squared ft/s 2 or m/s 2 m ·s - 2 d diameter meters m m F force pound force or newton lbf or N kg ·s - 2***** E.O. 12866 Review**
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897 of 971 f frequency hertz Hz s - 1 I inertia pound mass or kilogram lbm or kg kg i indexing variable M mass pound mass or kilogram lbm or kg kg N total number in series

n total number of pulses in a series R dynamometer roll revolutions revolutions per minute rpm 2 · π ·60 - 1 · m·m- 1 ·s - 1 RL road - load coefficient horsepower or kilowatt hp or kW 10 3 ·m2 ·kg·s - 3
S speed miles per hour or meters per second mph or m/s m ·s - 1

T Celsius temperature degree Celsius ° C K - 273.15 T torque (moment of force) newton meter N ·m m2 ·kg·s - 2

t time second s s  t time interval, period, 1/frequency second s s y generic variable (b) Sy mbols for chemical species . This part uses the following s ymbols for chemical species and exhaust constituents: Symbol Species***** E.O. 12866 Review**
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898 of 971 CH 4 methane CO carbon monoxide CO 2 carbon dioxide NMHC nonmethane hydrocarbon NMHCE nonmethane hydrocarbon equivalent NO nitric oxide NO 2 nitrogen dioxide NO x oxides of nitrogen N 2 O nitrous oxide O 2 molecular oxygen PM particulate mass THC total hydrocarbon THCE total hydrocarbon equivalent

(c) Superscripts . This part uses the following superscripts to define a quantity : Superscript Quantity overbar (such as y ) arithmetic mean***** E.O. 12866 Review**
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899 of 971 (d) Subscripts . This part uses the following subscripts to define a quantity :

Subscript Quantity int speed interval abs absolute quantity act actual or measured condition actint actual or measured condition over the speed interval atmos atmospheric b base

c coastdown

e effective

error error exp expected quantity i an individual of a series final final init initial quantity, typically before an emission test

max the maximum (i.e., peak) value expected at the standard over a

test interval; not the maximum of an instrument range

meas measured quantity ref reference quantity***** E.O. 12866 Review**
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900 of 971 rev revolution roll dynamometer roll

s settling sat saturated condition si speed interval span span quantity test test quantity

uncor uncorrected quantity

zero zero quantity (e) Other acrony

ms and abbreviations . This part uses the following additional abbreviations and acron yms:

CFR Code of Federal Regulations EPA Environmental Protection Agency FID flame - ionization detector GVWR gross vehicle weight rating NIST National Institute for Standards and Technology RESS rechargeable energy storage system SAE Society of Automotive Engineers***** E.O. 12866 Review**
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901 of 971 U.S.C. United States Code **§1066.710 Reference materials.** (a) Certain material is incorporated by reference into this part with the approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. To enforce an y edition other than that specified in this section, the Environmental Protection Agency must publish a notice of the change in the Federal Register and the material must be available to the public. All approved material is available for inspection at U.S. EPA, Air and Radiatio n Docket and Information Center, 1301 Constitution Ave., NW., Room B102, EPA West Building, Washington, DC 20460, (202) 202 - 1744, and is available from the sources listed below. It is also available for inspection at the National Archives and Records Admin istration (NARA). For information on the availability of this material at NARA, call 202

– 741

– 6030, or go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. (b) Societ y of Automotive Engineers, 400 Commonwealth Dr., Warrendale, PA 15096

– 0001, (877) 606

– 7323 (U.S. and Canada) or (724) 776

–4970 (outside the U.S. and Canada), http://www.sae.org. (1) SAE J1263, Road L oad Measurement and Dynamometer Simulation Using Coastdown Techniques, Revised March 2010, IBR approved for §§ 1066.301(b) and 1066.310(b). (2) SAE J2263, Road L oad Measurement Using On - Board Anemometry and Coastdown Techniques, Revised December 2008, IBR approved for §§ 1066.301(b), and 1066.310(b). (3) SAE J2711, Recommended Practice for Meas uring Fuel Econom y and Emissions of Hy brid - Electric and Conventional Heavy - Duty Vehicles, Issued September 2002, IBR approved for § 1066.501. (c) National Institute of Standards and Technology, 100 Bureau Drive, Stop 1070, Gaithersburg, MD 20899 - 1070, (30 1) 975 - 6478, www.nist.gov, or inquiries@nist.gov. (1) NIST Special Publication 811, 2008 Edition, Guide for the Use of the International S ys tem of Units (SI ), Barry N. Taylor, Phy sics Laboratory , and Ambler Thompson, Technology

Services, March 2008, IBR ap proved for §§ 1066.20(a) and 1066.705. (2) [Reserved]***** E.O. 12866 Review**
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902 of 971 **PART 1068 —**  **GENERAL COMPLIANCE PROVISIONS FOR HIGHWAY, STATIONARY, AND NONROAD PROGRAMS**  92. The authorit y citation for part 1068 continues to read as follows: Authority : 42 U.S.C. 7401 - 7671q. 93. The heading of part 1068 is revised to read as set forth above. **Subpart A**
**– [Amended]**  94. Section 1068.1 is revised to read as follows: **§ 1068.1 Does this part apply to me?** (a) The provisions of this part appl y to everyone with respect to the following engines and to equipment using the following engines (including owners, operators, parts manufacturers, and persons performing maintenance): (1) Locomotives we regulate under 40 CFR part 1033. (2) Heav y - dut y motor vehicles and motor vehicle engines to the extent and in the manner specified in 40 CFR parts 85, 86, 1036 and 1037. (3) Land - based nonroad compression - ignition engines we regulate under 40 CFR part 1039. (4) Stationary

compression - ignition engines certified using the provisions of 40 CFR part 1039 , as indicated in 40 CFR part 60, subpart IIII. (5) Marine compression - ignition engines we regulate under 40 CFR part 1042. (6) Marine spark - ignition engines we regulate under 40 CFR part 1045. (7) Large nonroad spark - ignition engines we regulate under 40 CFR part 1048. (8) Stationary

spark - ignition engines certified using the provisions of 40 CFR parts 1048 or 1054, as indicated in 40 CFR part 60, subpart JJJJ. (9) Recreational engines and vehicles we regulate under 40 CFR part 1051 (such as snowmobiles an d off

- highway motorcycles).***** E.O. 12866 Review**
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903 of 971 (10) Small nonroad spark - ignition engines we regulate under 40 CFR part 1054. (b) This part does not apply to an y of the following engine or vehicle categories, except as specified in paragraph (d) of this section or as specifie d in other parts: (1) L ight - duty

motor vehicles (see 40 CFR part 86). (2) Highway

motorcycles (see 40 CFR part 86). (3) Aircraft engines (see 40 CFR part 87). (4) Land - based nonroad compression - ignition engines we regulate under 40 CFR part 89. (5) Small n onroad spark - ignition engines we regulate under 40 CFR part 90. (c) Paragraph (a) of this section identifies the parts of the CFR that define emission standards and other requirements for particular t yp es of engines and equipment. This part 1068 refers to each of these other parts generically as the “standard - setting part.” For example, 40 CFR part 1051 is alway s the standard - setting part for snowmobiles. Follow the provisions of the standard - setting part if they are different than any

of the provisions in this part. (d) Specific provisions in this part 1068 start to apply separate from the schedule for certifying engines to new emission standards, as follows: (1) The provisions of §§ 1068.30 and 1068.310 apply for stationary

spark - ignition engines built on or after January 1, 2004, and for stationary compression - ignition engines built on or after January 1, 2006. (2) The provisions of §§ 1068.30 and 1068.235 apply for the ty pes of engines/equipment listed in paragraph (a) of this section beginning January 1 , 2004, if they are used solely

for competition. **Subpart C**
**– [Amended]**  95. Section 1068.210 is revised to read as follows: **§1068.210 What are the provisions for exempting test engines/equipment?** (a) We may

exempt engines/equipment that you will use for research, investigations, studies, demonstrations, or training. Note that yo u are not required to get an exemption under this section for engines that are exempted under other provisions of this part, such as the manufacturer - owned exemption in §1068.215.***** E.O. 12866 Review**
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904 of 971 (b) An yone may ask for a testing exemption. (c) If you are a certificate holder, you may request an exemption for engines/equipment yo u intend to include in test programs ov er a two - ye ar period. (1) In your request, tell us the maximum number of engines/equipment involved and describe how you will make sure exempted engines/equipment are used only for this testing. For example, if the exemption will involve other companies using your engines/equipment, describe your plans to track individual units so you can properl y report on their final disposition. (2) Give us the information described in paragraph (d) of this section if we ask for it. (d) If you are not a certificate holder, do all the following things: (1) Show that the proposed test program has a valid purpose under paragraph (a) of this section. (2) Show you need an exemption to achieve the purpose of the test program (time constraints may

be a basis for needing an exemption, but the cost of certification alone is not). (3) Estimate the duration of the proposed test program and the number of engines/equipment involved. (4) Allow us to monitor the testing. (5) Describe how you will ensure that you stay within th is exemption’s purposes. Address at least the following things: (i) The technical nature of the test. (ii) The test site. (iii) The duration and accumulated engine/equipment operation associated with the test. (iv) Ownership and control of the engines/equipment involved in the test. (v) The intended final disposition of the engines/equipment. (vi) How you will identify, record, and make available the engine/equipment identification numbers. (vii) The means or procedure for recording test results . (e) If we approve your request for a testing exemption, we will send you a letter or a memorandum describing the basis and scope of the exemption. It will also include an y necessary terms and conditions, which normally require you to do the following:***** E.O. 12866 Review**
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905 of 971 (1) Stay within the scope of the exemption. (2) Create and maintain adequate records that we may inspect. (3) Add a permanent label to all engines/equipment exempted under this section, consistent with §1068.45, with at least the following items: (i) T he label heading "EMI SSI ON CONTROL INFORMATION". (ii) Your corporate name and trademark. (iii) Engine displacement, family identification, and model year of the engine/equipment (as applicable), or whom to contact for further information. (iv) One of these statements (as applicable): (A) “THI S ENGINE IS EXEMPT UNDER 40 CFR 1068.210 OR 1068.215 FROM EMI SSI ON STANDARDS AND RELATED REQUIREMENTS.” (B) “THIS EQUIPMENT I S EXEMPT UNDER 40 CFR 1068.210 OR 1068.215 FROM EMI SSI ON STANDARDS AND RELATED REQUIREMENTS.” (4) Tell us when the test program is finished. (5) Tell us the final disposition of the engines/equipment. (6) Send us a written confirmation that you meet the terms and conditions of this exemption. 96. Section 1068.235 is revised to read as follows: **§ 1068.235 What are the provisions for exempting engines/equipment used solely**  **for competition?** (a) New engines/equipment you produce that are used solely for competition are generall y excluded from emission standards. See the standard - setting parts for sp ecific provisions where applicable. (b) If you modify

any nonroad engines/equipment after they have been placed into service in the United States so they will be used solely

for competition, they are exempt without request. This exemption applies only to the prohibition in §1068.101(b)(1) and is valid only

as long as the engine/equipment is used solely for competition. You may not use the provisions of this paragraph (b) to circumvent the requirements that apply to the sale of new competition engines under the standard - setting part.***** E.O. 12866 Review**
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906 of 971 (c) If you modify

an y nonroad engines/equipment under paragraph (b) of this section, you must destroy

the original emission labels. I f you loan, lease, sell, or give any of these engines/equipment to someone else, you must tell the new owner (or operator, if applicable) in writing that they may be used onl y for competition. **Subpart D**
**– [Amended]**  97. Section 1068.325 is revised to read as follows: **§1068.325 What are the temporary exemptions for imported engines/equipment?** You may import engines/equipment under certain temporary exemptions, subject to the conditions in this section. We may ask U.S. Customs and Border Protection to require a specific bond amount to make sure you comply with the requirements of this subpart. You may not sell or lease one of these engines/equipment while it is in the United States except as specified in this section or §1068.201(i). You must eventually export the engine/equipment as we describe in this section unless it conforms to a certific ate of conformity

or it qualifies for one of the permanent exemptions in §1068.315. (a) Exemption for repairs or alterations. You may temporaril y import nonconforming engines/equipment under bond solely for repair or alteration, subject to our advance a pproval as described in paragraph (j) of this section. You may operate the engine/equipment in the United States only as necessary

to repair it, alter it, or ship it to or from the service location. Export the engine/equipment directly after servicing is complete. (b) Testing exemption. You may temporaril y import nonconforming engines/equipment under bond for testing if you follow the requirements of §1068.210, subject to our advance approval as described in paragraph (j) of this section. You may operate the engines/equipment in the United States only as needed to perform tests. This exemption expires one year after yo u import the engine/equipment unless we approve an extension. The engine/equipment must be exported before the exemption expires. You may sell or lease the engines/equipment consistent with the provisions of §1068.210. (c) Display

exemption. You may

temporaril y import nonconforming engines/equipment under bond for display

if you follow the requirements of§1068.220, subject to our advanc e approval as described in paragraph (j) of this section. This exemption expires one year after you import the engine/equipment, unless we approve your request for an extension. We may

approve an extension of up to one more y ear for each request, but no more than three years total. The engine/equipment must be exported by the time the exemption expires or directly after the display

concludes, whichever comes first. (d) Export exemption . You may temporaril y import nonconforming engines/equipment to expo rt them, as described in §1068.230. You may operate the engine/equipment in the***** E.O. 12866 Review**
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907 of 971 United States only

as needed to prepare it for export. Label the engine/equipment as described in §1068.230. You may sell or lease the engines/equipment for operation outside the United States consistent with the provisions of §1068.230. (e) Diplomatic or military exemption . You may

temporaril y import nonconforming engines/equipment without bond if you represent a foreign government in a diplomatic or military capacit y. In your request to the Designated Compliance Officer (see §1068.305), include either written confirmation from the U.S. State Department that you qualify for this exemption or a copy

of your orders for military duty in the United States. We will rely on the S tate Department or your military orders to determine when your diplomatic or military

status expires, at which time you must export your exempt engines/equipment. (f) Delegated - assembl y exemption . You may import a nonconforming engine for final assembly under the provisions of §1068.261. You may sell or lease the engines/equipment consistent with the provisions of §1068.261. (g) Exemption for partially complete engines . You may import an engine if another compan y alread y has a certificate of conformity an d will be modifying the engine to be in its final certified configuration or a final exempt configuration under the provisions of §1068.262. You may

also import a partially

complete engine b y shipping it from one of yo ur facilities to another under the provisions of §1068.260(c). If you are importing a used engine that becomes new as a result of importation, you must meet all the requirements that appl y t o original engine manufacturers under §1068.262. You may sell or lease the engines consistent with th e provisions of §1068.262. (h) [Reserved] (i) [Reserved] (j) Approvals . For the exemptions in this section requiring our approval, you must send a request to the Designated Compliance Officer before importing the engines/equipment. We will approve your r equest if you meet all the applicable requirements and conditions. If another section separately requires that you request approval for the exemption, you may combine the information requirements in a single request. Include the following information in your request: (1) Identify

the importer of the engine/equipment and the applicable postal address, e mail address, and telephone number. (2) Identify

the engine/equipment owner and the applicable postal address, e - mail address, and telephone number. (3) Id entify

the engine/equipment by model number (or name), serial number, and original production year. (4) Identify

the specific regulatory

provision under which you are seeking an exemption.***** E.O. 12866 Review**
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908 of 971 (5) Authorize EPA enforcement officers to conduct inspections or testing as allowed under the Clean Air Act. (6) Include an y additional information we specify for demonstrating that yo u qualify for the exemption. **Department of Transportation National Highway Traffic Safety Administration**  **49 CFR Chapter V** In consideration of the foregoing, under the authority of 49 U.S.C. 32901 and 32902 and delegation of authorit y at49 CFR 1.50, NHTSA proposes to amend 49 CFR chapter V as follows: **PART 523 —**  **VEHICLE CLASSIFICATION** 98. The authority for part 523 continues to read as follows: Authority : 49 U.S.C. 32901; delegation of authority at 49 CFR 1.50. 99. Revise § 5 23.2 to read as follows: **§ 523.2 Definitions.** Approach angle means the smallest angle, in a plane side view of an automobile, formed by the level surface on which the automobile is standing and a line tangent to the front tire static loaded radius arc and touching the underside of the automobile forward of the front tire. Axle clearance means the vertical distance from the level surface on which an automobile is standing to the lowest point on the axle differential of the automobile. Base tire means the tire specified as standard equipment by a manufacturer on eac h subconfiguration of a model ty pe. Basic vehicle frontal area is used as defined in 40 CFR 86.1803 - 01. Breakover angle means the supplement of the largest angle, in the plan side view of an automobile that can be formed by two lines tangent to the front and rear static loaded radii arcs and intersecting at a point on the underside of the automobile. Cab - complete vehicle means a vehicle that is first sold as an incomplete vehicle that substantially

includes the vehicle cab section as defined in 40 CFR 1037. 801. For example, vehicles known commerciall y as chassis - cabs, cab - chassis, box - deletes, bed deletes, cut - away

vans are considered cab - complete vehicles. A cab includes a steering***** E.O. 12866 Review**
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909 of 971 column and passenger compartment. Note a vehicle lacking some components of the cab is a cab - complete vehicle if it substantially includes the cab. Cargo - carrying volume means the luggage capacity or cargo volume index, as appropriate, and as those terms are defined in 40 CFR 600.315, in the case of automobiles to which either of those terms appl y. With respect to automobiles to which neither of those terms apply

“cargo - carrying volume” means the total volume in cubic feet rounded to the nearest 0.1 cubic feet of either an automobile's enclosed nonseating space that is intended primaril y for carrying cargo and is not accessible from the passenger compartment, or the space intended primaril y for carrying cargo bounded in the front b y a vertical plane that is perpendicular to the longitudinal centerline of the automobile and passe s through the rearmost point on the rearmost seat and elsewhere b y the automobile's interior surfaces. Class 2b vehicles are vehicles with a gross vehicle weight rating (GVWR) ranging from 8,501 to 10,000 pounds. Class 3 through Class 8 vehicles are vehicl es with a gross vehicle weight rating (GVWR) of 10,001 pounds or more as defined in 49 CFR 565.15. Commercial medium - and heavy - duty on - highway vehicle means an on - highway vehicle with a gross vehicle weight rating of 10,000 pounds or more as defined in 49 U.S.C. 32901(a)(7). Complete vehicle means a vehicle that requires no further manufacturing operations to perform its intended function and is a functioning vehicle that has the primary load carryi ng device or container (or equivalent equipment) attached or that is designed to pull a trailer. Examples of equivalent equipment would include fifth wheel trailer hitches, firefighting equipment, and utility booms. Curb weight is defined the same as vehicle curb weight in 40 CFR 86.1803 - 01. Departure angle means the smallest angle, in a plane side view of an automobile, formed by the level surface on which the automobile is standing and a line tangent to the rear tire static loaded radius arc and touching the underside of the automobile rearward of the rear tir e. Final stage manufacturer has the meaning given in 49 CFR 567.3. Footprint is defined as the product of track width (measured in inches, calculated as the average of front and rear track widths, and rounded to the nearest tenth of an inch) times wheelbas e (measured in inches and rounded to the nearest tenth of an inch), divided by 144 and then rounded to the nearest tenth of a square foot. For purposes of this definition, track width is the lateral distance between the centerlines of the base tires at gro und, including the camber angle. For purposes of this definition, wheelbase is the longitudinal distance between front and rear wheel centerlines.***** E.O. 12866 Review**
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910 of 971 Gross combination weight rating or GCWR means the value specified b y the manufacturer as the maximum allowabl e loaded weight of a combination vehicle (e.g. tractor plus trailer). Gross vehicle weight rating or GVWR means the value specified b y the vehicle manufacturer as the maximum design loaded weight of a single vehicle (e.g. vocational vehicle). Heavy - duty engine means any engine used for (or for which the engine manufacturer could reasonably

expect to be used for) motive power in a heavy - dut y vehicle. For purposes of this definition in this part, the term “engine” includes internal combustion engines and other devices that convert chemical fuel into motive power. For example, a fuel cell and motor used in a heav y - dut y vehicle is a heav y - dut y engine. Heavy - duty vehicle means a vehicle that as defined in § 523.6. Heavy - duty off

- road vehicle means a heav y - duty vocational vehicle or vocational tractor that is intended for off

- road use meeting either the criteria of paragraph (1) or (2). (1) Vehicles with tires installed having a maximum speed rating at or below 55 mph. (2) Vehicles primaril y designed to perform work off - road (such as in oil fields, forests, or construction sites), and meeting at least one of the criteria of paragraph (2)(i) of this section and at least one of the criteria of paragraph (2)(ii) of this sec tion. (i) Vehicle must have affixed components designed to work in an off - road environment (for example, hazardous material equipment or drilling equipment) or was designed to operate at low speeds making them unsuitable for normal highway operation. (ii) Vehicles must: (A) Have an axle that has a gross axle weight rating (GAWR) of 29,000 pounds or more; (B) Have a speed attainable in 2 miles of not more than 33 mph; or (C) Have a speed attainable in 2 miles of not more than 45 mph, an unloaded vehicle we ight that is not less than 95 percent of its gross vehicle weight rating (GVWR), and no capacity to carry occupants other than the driver and operating crew. Incomplete vehicle means a vehicle which does not have the primary load carrying device or contain er attached when it is first sold as a vehicle or an y vehicle that does not meet the definition of a complete vehicle. This may include vehicles sold to secondary vehicle manufacturers. Incomplete vehicles include cab - complete vehicles. Innovative tech nology means technology certified under 40 CFR part 1037.610. Light truck means a non - passenger automobile meeting the criteria in § 523.5.***** E.O. 12866 Review**
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911 of 971 Medium duty passenger vehicle means a vehicle which would satisfy the criteria in § 523.5 (relating to light trucks) but for its gross vehicle weight rating or its curb weight, which is rated at more than 8,500 lbs GVWR or has a vehicle curb weight of more than 6,000 pounds or has a b asic vehicle frontal area in excess of 45 square feet, and which is designed primaril y to transport passengers, but does not include a vehicle that: (1) Is an “incomplete vehicle”' as defined in this subpart; or (2) Has a seating capacity of more than 12 persons; or (3) Is designed for more than 9 persons in seating rearward of the driver's seat; or (4) Is equipped with an open cargo area (for example, a pick - up truck box or bed) of 72.0 inches in interior length or more. A covered box not readily acce ssible from the passenger compartment will be considered an open cargo area for purposes of this definition. Motor home has the meaning given in 49 CFR 571.3. Motor vehicle has the meaning given in 40 CFR 85.1703. Passenger- carrying volume means the sum of the front seat volume and, if any , rear seat volume, as defined in 40 CFR 600.315, in the case of automobiles to which that term applies. With respect to automobiles to which that term does not appl y, ``passenger carryi ng volume'' means the sum in cubic f eet, rounded to the nearest 0.1 cubic feet, of the volume of a vehicle's front seat and seats to the rear of the front seat, as applicable, calculated as follows with the head room, shoulder room, and leg room dimensions determined in accordance with the p rocedures outlined in Society of Automotive Engineers Recommended Practice J1100a, Motor Vehicle Dimensions (Report of Human Factors Engineering Committee, Society of Automotive Engineers, approved September 1973 and last revised September 1975). (1) For f ront seat volume, divide 1,728 into the product of the following SAE dimensions, measured in inches to the nearest 0.1 inches, and round the quotient to the nearest 0.001 cubic feet. (i) H61 - Effective head room -- front. (ii) W3 - Shoulder room -- front. (iii) L3 4 - Maximum effective leg room - accelerator. (2) For the volume of seats to the rear of the front seat, divide 1,728 into the product of the following SAE dimensions, measured in inches to the nearest 0.1 inches, and rounded the quotient to the nearest 0.001 cubic feet. (i) H63 - Effective head room -- second.***** E.O. 12866 Review**
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9 12 of 971 (ii) W4 - Shoulder room -- second. (iii) L 51 - Minimum effective leg room -- second. Pickup truck means a non - passenger automobile which has a passenger compartment and an open cargo area (bed). Recreation al vehicle or RV means a motor vehicle equipped with living space and amenities found in a motor home. Running clearance means the distance from the surface on which an automobile is standing to the lowest point on the automobile, excluding unsprung weight . Static loaded radius arc means a portion of a circle whose center is the center of a standard tire - rim combination of an automobile and whose radius is the distance from that center to the level surface on which the automobile is standing, measured with the automobile at curb weight, the wheel parallel to the vehicle's longitudinal centerline, and the tire inflated to the manufacturer's recommended pressure. Temporary living quarters means a space in the interior of an automobile in which people may tempo raril y live and which includes sleeping surfaces, such as beds, and household conveniences, such as a sink, stove, refrigerator, or toilet. Van means a vehicle with a body that fully encloses the driver and a cargo carrying or work performing compartment. The distance from the leading edge of the windshield to the foremost bod y section of vans is typically shorter than that of pickup trucks and sport utility vehicles. Vocational vehicle means a vehicle that is equipped for a particular industry , trade or occupation such as construction, heav y hauling, mining, logging, oil fields, refuse and includes vehicles such as school buses, motorcoaches and RVs. Vocational tractor means a tractor that is classified as a vocational vehicle according to 40 CFR part 103 7.630 Work truck means a vehicle that is rated at more than 8,500 pounds and less than or equal to 10,000 pounds gross vehicle weight, and is not a medium - duty passenger vehicle as defined in 40 CFR 86.1803 - 01 effective as of December 20, 2007. 100. Add a new § 523.6 to read as follows: **§ 523.6 Heavy -**  **duty vehicle.** (a) A heav y - dut y vehicle is any commercial medium - and heav y - duty on highway

vehicle or a work truck, as defined in 49 U.S.C. 32901(a)(7) and (19). For the purpose of this***** E.O. 12866 Review**
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913 of 971 regulation heav y - duty

vehicles are divided into three regulatory categories as foll ows: (1) Heav y - dut y pickup trucks and vans; (2) Heav y - dut y vocational vehicles; and (3) Truck tractors with a GVWR above 26,000 pounds. (b) The heav y - dut y vehicle classification does not include: (1) Vehicles defined as medium duty passenger v ehicles. (2) Vehicles excluded from the definition of “heavy - dut y vehicle” because of vehicle weight or weight rating (such as light dut y vehicles as defined in § 523.5). (3) Vehicles excluded from the definition of motor vehicle in 40 CFR part 85.1703. 101. Add a new § 523.7 to read as follows: **§ 523.7 Heavy -**  **duty pickup trucks and vans.** Heav y - dut y pickup trucks and vans are pickup trucks and vans with a gross vehicle weight rating between 8,501 pounds and 14,000 pounds (Class 2b through 3 vehicles) manu factured as complete vehicles b y a single or final stage manufacturer or manufactured as incomplete vehicles as designated by a manufacturer. A manufacturer may also optionally

designate incomplete or complete Class 4 or 5 vehicles as heav y - dut y pickup trucks or vans or spark ignition (or gasoline) engines certified and sold as loose engines manufactured for use in heav y - dut y pickup trucks or vans. See references in 40 CFR part 1037.104 and 40 CFR part 1037.150. 102. Add a new § 523.8 to read as follows: **§ 523.8 Heavy -**  **duty vocational vehicle.** Heav y - dut y vocational vehicles are vehicles with a gross vehicle weight rating (GVWR) above 8,500 pounds excluding:***** E.O. 12866 Review**
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914 of 971 (a) Heav y - dut y pickup trucks and vans defined in § 523.7; (b) Medium duty

passenger vehicles; an d (c) Truck tractors, except vocational tractors, with a GVWR above 26,000 pounds;

103. Add a new § 523.9 to read as follows: **§ 523.9 Truck tractors.** Truck tractors for the purpose of this part are considered as any truck tractor as defined in 49 CFR part 571 having a GVWR above 26,000 pounds. **PA RT 534**  **— RIGHTS A**  **ND RESPONSIBILITIES OF MA NUFA**  **CTURERS IN THE CONTEXT OF CHA**  **NGES IN CORPORA TE RELA** **TIONSHIPS** 104. The authority

for part 534 continues to read as follows: **Authority:** 49 U.S.C. 32901; delegation of authority at 49 CFR 1.50. 105. Revise § 534.1 to read as follows: **§ 534.1 Scope.** This part defines the rights and responsibilities of manufacturers in the context of changes in corporate relationships for purposes of the fuel e conom y and fuel consumption programs established by 49 U.S.C. chapter 329. 106. Revise § 534.2 to read as follows: **§ 534.2 Applicability.** This part applies to manufacturers of passenger automobiles, light trucks, heavy - dut y vehicles and the engines manufactur ed for use in heav y - dut y vehicles as defined in 49 CFR part 523.***** E.O. 12866 Review**
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915 of 971 107. Revise § 534.4 to read as follows. **§ 534.4 Successors and predecessors.** For purposes of the fuel econom y and fuel consumption programs, ‘‘manufacturer’’ includes ‘‘predecessors’’ and ‘‘succe ssors’’ to the extent specified in paragraphs (a) through (d) of this section. (a) Successors are responsible for an y civil penalties that arise out of fuel economy and fuel consumption shortfalls incurred and not satisfied by predecessors. (b) If one manu facturer has become the successor of another manufacturer during a model year, all of the vehicles or engines produced by those manufacturers during the model year are treated as though they were manufactured by

the same manufacturer. A manufacturer is co nsidered to have become the successor of another manufacturer during a model year if it is the successor on September 30 of the corresponding calendar y ear and was not the successor for the preceding model year. (c)(1) For passenger automobiles and light trucks, fuel econom y credits earned by a predecessor before or during model ye ar 2007 may be used b y a successor, subject to the availability

of credits and the general three - year restriction on carrying credits forward and the general three - ye ar restrictio n on carrying credits backward. Fuel economy credits earned b y a predecessor after model ye ar 2007 may be used by

a successor, subject to the availability

of credits and the general five - ye ar restriction on carrying credits forward and the general three - year restriction on carrying credits backward. (2) For heav y - duty

vehicles and heavy - duty

vehicle engines, available fuel consumption credits earned b y a predecessor after model ye ar 2015, and in model y ears 2013, 2014 and 2015 if a manufacturer voluntaril y complies in those model years, may be used b y a successor, subject to the availability of credits and the general five - ye ar restriction on carryi ng credits forward and the general three y ear restriction on carrying credits backward. (d)(1) For passenger automobiles and light trucks, fuel econom y credits earned by a successor before or during model ye ar 2007 may be used to offset a predecessor’s shortfall, subject to the availability of credits and the general three - year restriction on carryi ng credits forward and the general three - ye ar restriction on carrying credits backward. Credits earned by a successor after model y ear 2007 may be used to offset a predecessor’s shortfall, subject to the availability of credits and the general five - ye ar restriction on c arrying credits forward and the general three - ye ar restriction on carrying credits backward. (2) For heav y - duty

vehicles and heavy - duty

vehicle engines, available credits earned by a successor after model y ear 2015, and in model y ears 2013, 2014 and 2015, if a manufacturer voluntaril y complies in those model years, may be used by

a predecessor subject to the availability of credits and the general five - year restriction on carrying credits forward and the general three ye ar restriction on carrying credits b ackward.***** E.O. 12866 Review**
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916 of 971 108. Am end § 534.5 by

revising paragraphs (a), (c), and (d) to read as follows: **§ 534.5 Manufacturers within control relationships.** (a) If a civil penalty

arises out of a fuel economy or fuel consumption shortfall incurred by a group of manufacturers within a control relationship, each manufacturer within that group is jointly

and severally

liable for the civil penalty . * * * * * (c)(1) For passenger automobiles and light trucks, fuel econom y credits of a manufacturer within a control relationship may be used by

the group of manufacturers within the control relationship to offset shortfalls, subject to the agreement of the other manufacturers, the availability of the credits, and the general three year restriction on carryi ng credits forward or backward prior to or during model year 2007, or the general five year restriction on carrying credits forward and the general three - year res triction on carryi ng credits backward after model ye ar 2007. (2) For heav y - duty

vehicles and heavy - duty

engines, credits of a manufacturer within a control relationship may

be used by

the group of manufacturers within the control relationship to offset sh ortfalls, subject to the agreement of the other manufacturers, the availability

of the credits, the general 5 - ye ar restriction on carrying credits forward, and the general three ye ar restriction on offsetting past credit shortfalls as specified in the requ irements of 49 CFR 535.7 . (d)(1) For passenger automobiles and light trucks, if a manufacturer within a group of manufacturers is sold or otherwise spun off so that it is no longer within that control relationship, the manufacturer may use credits that wer e earned by the group of manufacturers within the control relationship while the manufacturer was within that relationship, subject to the agreement of the other manufacturers, the availability of the credits, and the general three - ye ar restriction on carryi ng credits forward or backward prior to or during model year 2007, or the general five - ye ar restriction on carrying credits forward and the general three - ye ar restriction on carrying credits backward after model ye ar 2007. (2) For heav y - duty

vehicles and heav y - duty

vehicle engines, if a manufacturer within a group of manufacturers is sold or otherwise spun off so that it is no longer within that control relationship, the manufacturer may use credits that were earned by the group of manufacturers within the control relationship while the manufacturer was within that relationship, subject to the agreement of the other manufacturers, the availability of the credits, the general 5 - ye ar restriction on carrying credits forward, and the general three ye ar restriction on offsetting past credit shortfalls as specified in the requirements of 49 CFR 535.7 . * * * * ****** E.O. 12866 Review**
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917 of 971 109. Revise § 534.6 to read as follows. **§ 534.6 Reporting corporate transactions.** Manufacturers who have entered into written contracts transferring rights and responsibilities such that a different manufacturer owns the controlling stock or exerts control over the design, production or sale of automobiles or heav y - dut y vehicles to which Corporate Average Fuel Economy or Fuel Consumption standards apply sh all report the contract to the agency as follows: (a) The manufacturers must file a certified report with the agency affirmatively

stating that the contract transfers rights and responsibilities between them such that one manufacturer has assumed a control ling stock ownership or control over the design, production or sale of vehicles. The report must also specify the first full model year to which the transaction will apply . (b) Each report shall

— (1) Identify

each manufacturer; (2) State the full name, tit le, and address of the official responsible for preparing the report; (3) Identify

the production year being reported on; (4) Be written in the English language; and (5 ) Be submitted to: Administrator, National Highway Traffic Safet y Administration, 1200 New Jersey

Avenue, SE, Washington, DC 20590. (c) The manufacturers may seek confidential treatment for information provided in the certified report in accordance with 49 CFR part 512. 110. A new part 535 is added to chapter V to read as follows: **PART 535 MED IUM**  **- AND HEAVY**  **- DUTY VEHICLE FUEL EFFICIENCY**  **PROGRAM** Sec. 535.1 Scope. 535.2 Purpose. 535.3 Applicability . 535.4 Definitions. 535.5 Standards.***** E.O. 12866 Review**
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918 of 971 535.6 Measurement and calculation procedures. 535.7 Averaging, banking, and trading (ABT) program. 535.8 Reporting requirements. 535.9 Enforcement approach. Authority : 49 U.S.C. 32902; delegation of authority at 49 CFR 1.50. **§ 535.1 Scope.** This part establishes fuel consumption standards pursuant to 49 U.S.C. 32902(k) for work trucks and commercia l medium - duty and heav y - duty

on - highway

vehicles (hereafter referenced as heav y - dut y vehicles) and engines manufactured for sale in the United States and establishes a credit program manufacturers may use to comply

with standards and requirements for manuf

acturers to provide reports to the National Highway Traffic Safet y Administration regarding their efforts to reduce the fuel consumption of these vehicles. **§ 535.2 Purpose.** The purpose of this part is to reduce the fuel consumption of new heav y - duty vehic les b y establishing maximum levels for fuel consumption standards while providing a flexible credit program to assist manufacturers in compl ying with standards. **§ 535.3 Applicability.** (a) This part applies to complete vehicle and chassis manufacturers of all new heav y - dut y vehicles, as defined in 49 CFR part 523, and to the manufacturers of all heavy - dut y engines manufactured for use in the applicable vehicles for each given model year. (b) Complete vehicle manufacturers, for the purpose of this part, inc lude manufacturers that produce heav y - dut y pickup trucks and vans or truck tractors as complete vehicles and that hold the EPA certificate of conformit y. (c) Chassis manufacturers, for the purpose of this part, include manufacturers that produce incomple te vehicles constructed for use as heavy - dut y pickup trucks or vans or heav y - dut y vocational vehicles and that hold the EPA certificate of conformity . Some vocational vehicle manufacturers are both chassis and complete vehicle manufacturers. These manufa cturers will be regulated as chassis manufacturers under this program. (d) Engine manufacturer, for the purpose of this part, means a manufacturer that manufacturers engines for heav y - dut y vehicles and holds the EPA certificate of conformity . (e) The heavy - duty

vehicles, chassis and engines excluded from the requirements of this part include: (1) Recreational vehicles, including motor homes. (2) Vehicles and engines exempted by EPA in accordance with 40 CFR part 1036 and 40 CFR 1037. (f) Vehicles and engines produced b y small business manufacturers as defined by the Small Business Administration at 13 CFR 121.201 are exempted as specified in § 535.8(h).***** E.O. 12866 Review**
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919 of 971 (g) Heav y - dut y off

- road vehicles meeting the criteria in 49 CFR part 523 are exempt without re quest from vehicle standards of § 535.5(b). Manufacturers of vehicles not meeting the criteria for the heav y - dut y off - road vehicle exclusion may submit a petition as specified in § 535.8(h) to EPA and NHTSA for an exclusion from the vehicle standards of § 535.5(b). (h) A vehicle manufacturer that completes assembly of a vehicle at two or more facilities may ask to use as the date of manufacture for that vehicle the date on which manufacturing is completed at the place of main assembly , consistent with prov isions of 49 CFR 567.4, as the model y ear. Note that such staged assembl y is subject to the provisions of 40 CFR 1068.260(c). NHTSA’s allowance of this provision is effective when EPA approves the manufacturer’s certificates of conformity for these vehic les. **§ 535.4 Definitions.** The terms manufacture and manufacturer are used as defined in section 501 of the Act and the terms commercial medium - duty and heavy - dut y on highway vehicle, fuel and work truck are used as defined in 49 U.S.C. 32901. A to B test ing means testing performed in pairs to allow comparison of vehicle A to vehicle B. Ac t means the Motor Vehicle Information and Cost Savings Act, as amended by Pub. L. 94

– 163 and 96

–425. Administrator means the Administrator of the National Highway Traffic Safety Administration (NHTSA) or the Administrator's delegate. Advanced technology means vehicle technology certified under 40 CFR part 1036.615 and 40 CFR part 1037.615. Averaging set means, a set of engines or vehicles in which fuel consumption credits may be exchanged. Credits generated b y one engine or vehicle family may only be used b y other respective engine or vehicle families in the same averaging set. Note that an averaging set may

comprise more than one regulatory subcategory . The averaging se ts for this HD program are defined as follows: (1) Heav y - dut y pickup trucks and vans. (2) Vocational light - heavy vehicles at or below 19,500 pounds GVWR. (3) Vocational and tractor medium - heav y vehicles above 19,500 pounds GVWR but at or below 33,000 pounds GVWR. (4) Vocational and tractor heav y - heavy vehicles above 33,000 pounds GVWR. (5) Compression - ignition light heav y - dut y engines for Class 2b to 5 vehicles with a GVWR above 8,500 pounds but at or below 19,500 pounds.***** E.O. 12866 Review**
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920 of 971 (6) Compression - ignition m edium heav y - dut y engines for Class 6 and 7 vehicles with a GVWR above 19,500 but at or below 33,000 pounds. (7) Compression - ignition heav y heav y - dut y engines for Class 8 vehicles with a GVWR above 33,000 pounds. (8) Spark ignition engines in Class 2b to 8 vehicles with a GVWR above 8,500 pounds. Cab - complete vehicle has the meaning given in 49 CFR part 523. Carryover means relating to certification based on emission data generated from an earlier model year. Certification means process of obtaining a certificate of conformity for a vehicle famil y that complies with the emission standards and requirements in this part. Certificate of Conformity means an approval document granted b y the EPA to a manufacturer that submits an application for a vehicle or engine emissions family in 40 CFR part 1036.205 and 40 CFR part 1037.205. A certificate of conformity is valid from the indicated effective date until December 31 of the model year for which it is issued. The certificate must be renewed annually for any vehicle a manufacturer continues to produce. Certified emission level means the highest deteriorated emission level in an engine famil y for a given pollutant from the applicable transient and/or steady - state te sting rounded to the same number of decimal places as the applicable standard. Note that you may have two certified emission levels for CO 2 if you certify a family for both vocational and tractor use. Certificate holder means the manufacturer who holds the certificate of conformity for the vehicle or engine and that assigns the model ye ar based on the date when its manufacturing operations are completed relative to its annual model y ear period. Chassis - cab means the incomplete part of a vehicle that includes a frame, a completed occupant compartment and that requires onl y the addition of cargo - carrying, work performing, or load - bearing components to perform its intended functions. Chief Counsel means the NHTSA Chief Counsel, or his or her designee. Co mplete sister vehicle is a complete vehicle of the same configuration as a cab - complete vehicle. Complete vehicle has the meaning given in 49 CFR part 523. Compression - ignition means relating to a t ype of reciprocating, internal - combustion engine, such a s a diesel engine, that is not a spark - ignition engine .***** E.O. 12866 Review**
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921 of 971 Configuration means a subclassification within a test group which is based on engine code, transmission ty

pe and gear ratios, final drive ratio, and other parameters which the EPA designates. Credit s (or fuel consumption credits) in this part means an earned allowance recognizing the fuel consumption of a particular manufacturer’s vehicles or engines within a particular averaging set exceeds (credit surplus or positive credits) or falls below (credi t shortfall, deficit or negative credits) that manufacturer’s fuel consumption standard(s) for the regulatory

subcategory (s) that make - up the averaging set for a given model year, or purchased allowance. The value of an earned credit is calculated according to § 535.7. Curb weight has the meaning given in 40 CFR 86.1803 - 01. Date of manufacture means the date on which the certifying vehicle manufacturer completes its manufacturing operations, except as follows: (1) Where the certificate holder is an engine manufacturer that does not manufacture the chassis, the date of manufacture of the vehicle is based on the date assembly of the vehicle is completed. (2) EPA and NHTSA may approve an alternate date of manufacture based on the date on which the cert ifying (or primary) vehicle manufacturer completes assembl y at the place of main assembly , consistent with the provisions of §1037.601 and 49 CFR 567.4. Day cab means a t ype of truck tractor cab that is not a “sleeper cab”, as defined in this section. Dedicated vehicle has the same meaning as dedicated automobile as defined in 49 U.S.C. 32901(a)(8). A dedicated automobile means an automobile that operates only on alternative fuels like E85 or natural gas, etc. Dual fueled (multi -

fuel or flexible -

fu el vehicle) has the same meaning as dual fueled automobile as defined in 49 U.S.C. 32901(a)(9). For example, a vehicle that operates on gasoline and E85 or a plug - in hy brid electric vehicle is considered a dual fueled vehicle. Electric vehicle means a veh icle that does not include an engine, and is powered solel y b y an external source of electricity and/or solar power. Note that this does not include electric h yb rid or fuel - cell vehicles that use a chemical fuel such as gasoline, diesel fuel, or hydrogen. Electric vehicles may also be referred to as all - electric vehicles to distinguish them from hybrid vehicles. Engine family has the meaning given in 40 CFR 1036.230. Family certification level (FCL) means the famil y certification limit for an engine famil y as defined in 40 CFR 1036.801. Family emission limit (FEL) means the famil y em ission limit for a vehicle family as defined in 40 CFR 1037.801.***** E.O. 12866 Review**
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922 of 971 Fuel cell electric vehicle means a motor vehicle propelled solely by an electric motor where energy

for the m otor is supplied by a fuel cell. Fuel cell means an electrochemical cell that produces electricity via the non - combustion reaction of a consumable fuel, ty pically hydrogen. Final- stage manufacturer has the meaning given in 49 CFR part 567.3. Fleet in this part means all the heav y - dut y vehicles or engines within each of the regulatory

sub - categories that are manufactured by a manufacturer in a particular model ye ar and that are subject to fuel consumption standards under § 535.5. Fleet average fue l consumption is the calculated average fuel consumption performance value for a manufacturer’s fleet derived from the production weighted fuel consumption values of the unique vehicle configurations within each vehicle model type that makes up that manufa cturer’s vehicle fleet in a given model y ear. In this part, the fleet average fuel consumption value is determined for each manufacturer’s fleet of heav y - duty pickup trucks and vans. Fleet average fuel consumption standard is the actual average fuel cons umption standard for a manufacturer’s fleet derived from the production weighted fuel consumption standards of each unique vehicle configuration, based on payload, tow capacity and drive configuration (2, 4 or all - wheel drive), of the model ty pes that mak es up that manufacturer’s vehicle fleet in a given model ye ar. In this part, the fleet average fuel consumption standard is determined for each manufacturer’s fleet of heav y - duty pickup trucks and vans. Fuel efficiency means the amount of work performed for each gallon of fuel consumed. Good engineering judgment has the meaning given in 40 CFR 1068.30. See 40 CFR 1068.5 for the administrative process used to evaluate good engineering judgment. Gross combination weight rating (GCWR) has the meaning given in 49 CFR part 523. Gross vehicle weight rating (GVWR) has the meaning given in 49 CFR part 523. Heavy - duty vehicle has the meaning given in 49 CFR part 523. Hybrid engine or hybrid powertrain means an engine or powertrain that includes energy storage features other than a conventional battery sy stem or conventional fly wheel. Supplemental electrical batteries and h ydraulic accumulators are examples of hy brid energy storage s ys tems Note that certain provisions in this part treat hy brid engines and powertr ains intended for vehicles that include regenerative braking different than those intended for vehicles that do not include regenerative braking. Hybrid vehicle means a vehicle that includes energy storage features (other than a conventional battery

s ys tem or conventional fl ywheel) in addition to an internal combustion engine or other engine using consumable chemical fuel. Supplemental***** E.O. 12866 Review**
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923 of 971 electrical batteries and hydraulic accumulators are examples of hy brid energy

storage sy stems Note that certain provision s in this part treat h ybrid vehicles that include regenerative braking different than those that do not include regenerative braking. Innovative technology means technology certified under 40 CFR part 1037.610. Incomplete vehicle has the meaning given in 4 9 CFR 523. For the purpose of this regulation, a manufacturer may request EPA and NHTSA to allow the certification of a vehicle as an incomplete vehicle if it manufactures the engine and sells the unassembled chassis components, provided it does not produ ce and sell the body components necessary to complete the vehicle. Liquefied petroleum gas (LPG) has the meaning given in 40 CFR 1036.801. Low rolling resistance tire means a tire on a vocational vehicle with a tire rolling resistance level (TRRL) of 7.7 kg/metric ton or lower, a steer tire on a tractor with a TRRLof 7.7 kg/metric ton or lower, or a drive tire on a tractor with a TRRL of 8.1 kg/metric ton or lower. Model type has the meaning given in 40 CFR 600.002. Model year as it applies to engines means the manufacturer’s annual new model production period, except as restricted under this definition. It must include January 1 of the calendar ye ar for which the model year is named, may not begin before January 2 of the prev ious calendar ye ar, and it must end by December 31 of the named calendar ye ar. Manufacturers may

not adjust model y ears to circumvent or delay compliance with standards. Model year as it applies to vehicles means the manufacturer’s annual new model produ ction period, except as restricted under this definition and 40 CFR part 85, subpart X. It must include January 1 of the calendar ye ar for which the model year is named, may not begin before January 2 of the previous calendar ye ar, and it must end by Dece mber 31 of the named calendar year. (1) The manufacturer who holds the certificate of conformity for the vehicle must assign the model year based on the date when its manufacturing operations are completed relative to its annual model year period. (2) Unless a vehicle is being shipped to a secondary manufacturer that will hold the certificate of conformity , the model year must be assigned prior to introduction of the vehicle into U.S. commerce. The certifying manufacturer must redesignate the model ye ar if it does not complete its manufacturing operations within the originally identified model year. A vehicle introduced into U.S. commerce without a model year is deemed to have a model ye ar equal to the calendar year of its introduction into U.S. comme rce unless the certifying manufacturer assigns a later date.***** E.O. 12866 Review**
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924 of 971 Natural gas has the meaning given in 40 CFR 1036.801. Vehicles that use a pilot - ignited natural gas engine (which uses a small diesel fuel ignition sy stem), are still considered natural gas vehic les. NHTSA Enforcement means the NHTSA Associate Administrator for Enforcement, or his or her designee. Party means the person alleged to have committed a violation of § 535.9, and includes manufacturers of vehicles and manufacturers of engines. Payloa d means in this part the resultant of subtracting the curb weight from the gross vehicle weight rating. Petroleum has the meaning given in 40 CFR 1036.801. Pickup truck has the meaning given in 49 CFR part 523. Plug- in hybrid electric vehicle (PHEV) me ans a hy brid electric vehicle that has the capability to charge the battery

or batteries used for vehicle propulsion from an offvehicle electric source, such that the off - vehicle source cannot be connected to the vehicle while the vehicle is in motion. Po wer take - off (PTO) means a secondary engine shaft or other s ys tem on a vehicle that provides substantial auxiliary power for purposes unrelated to vehicle propulsion or normal vehicle accessories such as air conditioning, power steering, and basic electric al accessories. A t ypical PTO uses a secondary shaft on the engine to transmit power to a hydraulic pump that powers auxiliary equipment such as a boom on a bucket truck. Primary intended service class has the meaning for engines as specified in 40 C FR part 1036.140. Rechargeable Energy Storage System (RESS) means the component(s) of a hy brid engine or vehicle that store recovered energy for later use, such as the battery s ys tem in a electric hy brid vehicle. Regulatory category means each of the three t yp es of heav y - dut y vehicles defined in 49 CFR 523.6 and the heav y - duty engines used in these heavy - dut y vehicles. Regulatory subcategory means the sub - groups in each regulatory category to which fuel consumption requirements apply , and are defined as follows: (1) Heav y - dut y pick - up trucks and vans (2) Vocational light - heavy vehicles at or below 19,500 pounds GVWR. (3) Vocational medium - heav y vehicles above 19,500 pounds GVWR but at or below 33,000 pounds GVWR.***** E.O. 12866 Review**
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925 of 971 (4) Vocational h eav y - heavy vehicles above 33,000 pounds GVWR. (5) Low roof day

cab tractors with a GVWR above 26,000 pounds but at or below 33,000 pounds. (6) Mid roof day

cab tractors with a GVWR above 26,000 pounds but at or below 33,000 pounds. (7) High roof day

cab tractors with a GVWR above 26,000 pounds but at or below 33,000 pounds. (8) Low roof day

cab tractors above 33,000 pounds GVWR. (9) Mid roof day

cab tractors above 33,000 pounds GVWR. (10) High roof day

cab tractors above 33,000 pounds GVWR. (11) Low roof sleeper cab tractors above 33,000 pounds GVWR. (12) Mid roof sleeper cab tractors above 33,000 pounds GVWR. (13) High roof sleeper cab tractors above 33,000 pounds GVWR. (14) Compression - ignition light heav y - dut y engines in Class 2b to 5 vehicles with a GVWR above 8,500 pounds but at or below 19,500 pounds. (15) Compression - ignition medium heavy - dut y engines in Class 6 and 7 vocational vehicles with a GVWR above 19,500 but at or below 33,000 pounds. (16) Compression - ignition heav y heav y - dut y engi nes in Class 8 vocational vehicles with a GVWR above 33,000 pounds. (17) Compression - ignition medium heavy - dut y engines in Class 7 tractors with a GVWR above 26,000 pounds but at or below 33,000 pounds. (18) Compression - ignition heav y heav y - dut y engines in Class 8 tractors with a GVWR above 33,000 pounds. (19) Spark ignition engines in Class 2b to 8 vehicles with a GVWR above 8,500 pounds. Roof height means the maximum height of a vehicle (rounded to the nearest inch), excluding narrow accessories s uch as exhaust pipes and antennas, but including an y wide accessories such as roof fairings. Measure roof height of the vehicle configured to have its maximum height that will occur during actual use, with properl y inflated tires and no driver, passengers , or cargo onboard. Determine the base roof height on fully inflated tires having a static loaded radius equal to the arithmetic mean of the largest and smallest static loaded radius of tires a manufacturer offers or a standard tire EPA approves. If a ve hicle is equipped with an adjustable roof fairing, measure the roof height with the***** E.O. 12866 Review**
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926 of 971 fairing in its lowest setting. Once the maximum height is determined, roof heights are divided into the following categories: (A) Low - roof means a vehicle with a roof height of 120 inches or less (B) Mid - roof means a vehicle with a roof height between 121 and 147 inches. (C) High - roof means a vehicle with a roof height of 148 inches or more. Service class group means a gro up of engine and vehicle averaging sets defined as follows: (A) Spark - ignition engines, light heavy - dut y compression - ignition engines, light heav y duty vocational vehicles and heav y - dut y pickup trucks and vans. (B) Medium heav y - dut y compression - ignition engines and medium heav y - duty vocational vehicles and tractors. (C) Heav y heav y - dut y compression - ignition engines and heav y heav y - duty vocational vehicles and tractors. Sleeper cab means a t ype of truck cab that has a compartment behind the driver’s seat intended to be used b y the driver for sleeping. This includes both cabs accessible from the driver’s compartment and those accessible from outside the vehicle. Spark - ignition engines means relating to a gasoline - fueled engine or an y other type of eng ine with a spark plug (or other sparking device) and with operating characteristics significantl y similar to the theoretical Otto combustion cycle. Spark - ignition engines usually use a throttle to regulate intake air flow to control power during normal op eration. Subconfiguration means a unique combination within a vehicle configuration of equivalent test weight, road - load horsepower, and any other operational characteristics or parameters that EPA determines may significantly

affect CO2 emissions withi n a vehicle configuration. Test group means the multiple vehicle lines and model ty pes that share critical emissions and fuel consumption related features and that are certified as a group b y a common certificate of conformity

issued by EPA and is used collectively with other test groups within an averaging set or regulatory subcategory and is used by NHTSA for determining the fleet average fuel consumption. Tire rolling resistance level (TRRL) means a value with units of kg/metric ton that represents that rolling resistance of a tire configuration. TRRL s are used as inputs to the GEM model under 40 CFR part 1037.520. Note that a manufacturer may assign a value higher than a measured rolling resistance of a tire configuration. Towing capacity in this p art is equal to the resultant of subtracting the gross vehicle weight rating from the gross combined weight rating.***** E.O. 12866 Review**
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927 of 971 Trade means to exchange fuel consumption credits, either as a buye r or a seller. Truck tractor has the meaning given in 49 CFR 571.3. This includes most heavy - dut y vehicles specificall y designed for the primary purpose of pulling trailers, but does not include vehicles designed to carry other loads. For purposes of this definition “other loads” wo uld not include loads carried in the cab, sleeper compartment, or toolboxes. Examples of vehicles that are similar to tractors but that are not tractors under this part include dromedary

tractors, automobile haulers, straight trucks with trailers hitches, and tow trucks. U.S. - directed production volume means the number of vehicle units, subject to the requirements of this part, produced b y a manufacturer for which the manufacturer has a reasonable assurance that sale was or will be made to ultimate purc hasers in the United States. Useful life has the meaning given in 40 CFR 1037.801. Vehicle configuration means a unique combination of vehicle hardware and calibration (related to measured or modeled emissions) within a vehicle family . Vehicles with hardware or software differences, but that have no hardware or software differences related to measured or modeled emissions or fuel consumption can be included in the same vehicle configuration. Note that vehicles with hardware or software differences relate d to measured or modeled emissions or fuel consumption are considered to be different configurations even if they have the same GEM inputs and FEL. Vehicles within a vehicle configuration differ onl y with respect to normal production variability or factor s unrelated to measured or modeled emissions and fuel consumption for EPA and NHTSA. Vehicle family has the meaning given in 40 CFR part 1037.230. Vehicle service class has the meaning for vehicles as specified in the 40 CFR part 1037.801. Vocational trac tor has the meaning given in 40 CFR part 1037.630. Zero emissions vehicle means an electric vehicle or a fuel cell vehicle. **§ 535.5 Standards.** (a ) Heavy - duty pickup trucks and vans . Each manufacturer of a fleet of heavy - dut y pickup trucks and vans shall comply with the fuel consumption standards in this paragraph (a) expressed in gallons per 100 miles. If the manufacturer’s fleet includes conventional vehicles (gasoline, diesel and a lternative fueled vehicles) and advanced technology

vehicles (hy

brids with regenerative braking, vehicles equipped with Rankine cycle engines, electric and fuel cell vehicles), it should divide its fleet into two separate fleets each with its own separate fleet average fuel consumption standard which a manufacturer must comply with the requirements of this paragraph (a). (1) For model years 2016 and later. Each manufacturer must comply with the fleet average standard derived from the unique subconfigurat ion target standards (or groups of subconfigurations approved by EPA in accordance with 40 CFR part 1037.104) of the model ty pes that make up the manufacturer’s fleet in a given model y ear. Each***** E.O. 12866 Review**
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928 of 971 subconfiguration has a unique attribute - based target standard, defined b y each group of vehicles having the same payload, towing capacity and whether the vehicles are equipped with a 2 - wheel or 4 - wheel drive configuration. (2) Subconfiguration target standards. (i) Two alternatives exist for determining the s ubconfiguration target standards for model years 2016 and later. For each alternative, separate standards exist for compression - ignition and spark - ignition vehicles: (A) The first alternative allows manufacturers to determine a fixed fuel consumption standard that is constant over the model ye ars; and (B) The second alternative allows manufacturers to determine standards that are phased in gradually

each year. (ii) Calculate the subconfiguration target standards as specified in this paragraph (a)(2)(ii), using the appropriate coefficients from Table 1 choosing between the alternatives in paragraphs (a)(2)(i)(A) and (B) of this section. For electric or fuel cell heav y - dut y vehicles, use compression - ignition vehicle coefficients “c and d” and for hy brid (including plug - in hy brid), dedicated and dual - fueled vehicles, use coefficients “c and d” appropriate for the engine t ype used. Round each standard to the nearest 0.01 gallons per 100 miles and specify all weights in pounds rounded to the nearest pound. Calculate the subconfiguration target standards using the following equation: Subconfiguration Target Standard (gallons per 100 miles) = [c × (WF)] + d Where: WF = Work Factor = [0.75 x (Payload Capacit y + Xwd)] + [0.25 x Towing Capacity] Xw d = 4wd Adjustment = 500 lbs if the vehicle group is equipped with 4wd and all wheel drive, otherwise equals 0 lbs for 2wd. Payload Capacit y = GVWR (lbs) - Curb Weight (lbs) (for each vehicle group) Towing Capacit y = GCWR (lbs) - GVWR (lbs **)** (for each vehic le group)

Table 1

– Equation Coefficients for Subconfiguration Target Standards

Alternative 1

– Fixed Target Standards Compression - ignition Vehicle Coefficients for Model Years 2016 and later Model Year c d 2016

– 2018 0.000432 3.33 2019 and later 0.000409 3.14 Spark - ignition Vehicle Coefficients for Model Years 2016 and later 2016 -- 2018 0.000513 3.96 2019 and later 0.000495 3.81

Alternative 2

– Phased - in Target Standards Compression - ignition Vehicle Coefficients for Model Years 2016 and later Model Year c d 2016 0.000452 3.48 2017 0.000437 3.37 2018 and later 0.000409 3.14***** E.O. 12866 Review**
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929 of 971 Spark - ignition Vehicle Coefficients for Model Years 2016 and later 2016 0.000528 4.07 2017 0.000518 3.98 2018 and later 0.000495 3.18 (3) Fleet average fuel consumption standard . (i) Calculate each manufacturer’s fleet average fuel consumption standard for conventional and advanced technology fleets separately based on the subconfiguration target standards specified in paragraph (a)(2) of this section, weighted to production volumes and averaged using the following equation combining all the applicable vehicles in a manufacturer’s U.S. directed fleet (compression - ignition, spark - ignition and advanced technology vehicles) for a given model year, rounded to th e nearest 0.01 gallons per 100 miles:



##  

  

#     i i i Volume Volume Standard Target ration Subconfigu Standard Average Fleet Where: Subconfiguration Target Standard i = fuel consumption standard for each group of vehicles with same payload, towing capacity and drive configuration (gallons per 100 miles). Volume i = prod

uction volume of each unique subconfiguration of a model ty pe based upon payload, towing capacity and drive configuration. (A) A manufacturer may

group together subconfigurations that have the same test weight (ETW), GVWR, and GCWR. Calculate work factor and target value assuming a curb weight equal to two times ETW minus GVWR. (B) A manufacturer may

group together other sub configurations if it uses the lowest target value calculated for an y of the subconfigurations. (C) The fleet average shall also be derived in accordance with 40 CFR 86.1865 - 12 and 40 CFR part 1037.104(d). (ii) A manufacturer complies with the requirements of this part if it provides reports, as specified in § 535.8, by

the required deadlines and meets one of the following conditions: (A) The manufacturer’s fleet average performance, as determined in § 535.6, is less than the fleet average standard; or ( B) The manufacturer uses one or more of the credit flexibilities provided under NHTSA’s Averaging, Banking and Trading Program, as specified in § 535.7, to comply with standards. (iii) Manufacturers must select an alternative for subconfiguration target standards at the same time they

submit the model year 2016 Pre - Model year Report, specified in § 535.8.***** E.O. 12866 Review**
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930 of 971 Once selected, the decision cannot be reversed and the manufacturer must continue to comply with the same alternative for subsequent model years. (iv ) A manufacturer failing to compl y with the provisions specified in paragraph (a)(3)(ii) of this section is liable to pay civil penalties in accordance with § 535.9. (4) Voluntary standards . (i) Manufacturers may choose voluntaril y to comply early with fuel consumption standards for model years 2013 through 2015, as determined in paragraphs (a)(4)(iii) and (iv) in this section, for example, in order to begin accumulating credits through over - compliance with the applicable standard. A manufacturer choos ing earl y compliance must comply with all the vehicles and engines it manufactures in each regulatory

category for a given model ye ar. (ii) A manufacturer must declare its intent to voluntarily compl y with fuel consumption standards at the same time it submits a Pre - Model Report, prior to the compliance model ye ar beginning as specified in § 535.8; and, once selected, the decision cannot be reversed and the manufacturer must continue to comply for each subsequent model year for all the vehicles and eng ines it manufactures in each regulatory category for a given model year. (iii) Calculate separate subconfiguration target standards for compression - ignition and spark - ignition vehicles for model y ears 2013 through 2015 using the equation in paragraph (a)( 2)(ii) in this section, substituting the appropriate values for the coefficients in Table 2 of this section as appropriate. Table 2

– Voluntary Compliance Equation Coefficients for Vehicle Fuel Consumption Standards Compression - ignition Vehicle Coefficient s for Voluntary

Compliance in Model Years 2013 through 2015 Model Year c d 2013 and 14 0.000470 3.61 2015 0.000466 3.60 Spark - ignition Vehicle Coefficients for Voluntary

Compliance in Model Years 2013 through 2015 Model Year c d 2013 and 14 0.000542 4.17 2015 0.000539 4.15 (iv) Calculate the fleet average fuel consumption standards for model y ears 2013 through 2015 using the equation in paragraph (a)(3) of this section. (5) Exclusion of vehicles not certified as complete vehicles . The vehicle standards § 535.5(a) do not appl y for vehicles that are chassis - certified with respect to EPA’s criteria pollutant test procedure in 40 CFR part 86, subpart S. Any chassis - certified vehicles must comply

with the vehicle standards and requir ements of § 535.5(b) and the engine standards of § 535.5(d) for engines used in these vehicles. A vehicle manufacturer choosing to compl y with this paragraph and that is not the engine manufacturer is***** E.O. 12866 Review**
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931 of 971 required to notify

the engine manufacturers that their engines are subject to 535.5(d) and that it intends to use their engines in excluded vehicles. (6) Optional certification under this section . Manufacturers may certify any complete or cab - complete Class 2b through 5 vehicles weighing at or below 19,500 pounds GVWR and an y incomplete vehicles approved b y EPA for inclusion under this paragraph to the same testing and standard that applies to a comparable complete sister vehicles as determined in accordance in 40 CFR part 1037.150(l). Calculate the targe t standard value under paragraph (a)(2) of this section based on the same work factor value that applies for the complete sister vehicle. (7) Loose engines . This paragraph applies for spark - ignition engines identical to engines used in vehicles certifi ed to the standards of this section § 535.5(a), where manufacturers sell such engines as loose engines or installed in incomplete vehicles that are not cab complete vehicles in accordance with 40 CFR part 1037.150(m). A manufacturer’s engines are deemed t o have fuel consumption target values and test results based upon the complete vehicle in the applicable test group with the highest equivalent test weight in accordance with 40 CFR part 1037.150(m). The fuel consumption subconfiguration standard for a lo ose engines equals the test group result of the complete vehicle as specified in 40 CFR 1037.150(m)(6) multiplied by 1.10 and rounded to the nearest 0.01 gallon per 100 miles. The U.S. - directed production volume of engines manufactured for sale as loose e ngines or installed in incomplete heavy - duty vehicles that are not cab complete vehicles in an y given model ye ar may not exceed ten percent of the total U.S directed production volume of engines of that design that the manufacturer produces for heav y - dut y applications for that model year, including engines the manufacturer produces for complete vehicles, cab - complete vehicles, and other incomplete vehicles. The total number of engines a manufacturer may certify under this paragraph (7), of all engine designs, may

not exceed 15,000 in any model year as specified in 40 CFR part 1037.150(m). Engines produced in excess of the number cannot be certified to the standard in this paragraph (7). (b) Heavy - duty vocational vehicles . Each chassis manufacturer of he av y - duty vocational vehicles shall compl y with the fuel consumption standards in this paragraph (b) expressed in gallons per 1000 ton - miles. Manufacturers of engines used in heav y - duty vocational vehicles shall compl y with the standards in paragraph (d) of this section. (1) For model years 2016 and later . Each chassis manufacturer of heav y - duty vocational vehicles must comply with the fuel consumption standards in paragraph (b)(3) of this section. (i) The heav y - dut y vocational vehicle chassis category is subdivided b y GVWR into three regulatory

subcategories as defined in § 535.4, each with its own assigned standard. (ii) For purposes of certifying vehicles to fuel consumption standards, manufac turers must divide their product lines into vehicle families that have similar emissions and fuel consumption features, as specified b y EPA in 40 CFR part 1037, subpart C, and these***** E.O. 12866 Review**
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932 of 971 families will be subject to the applicable standards. Each vehicle famil y is limited to a single model ye ar. ( iii) A manufacturer complies with the requirements of this part, if it provides information as specified in § 535.8, by the required deadlines and meets one of the following conditions: (A) The manufacturer’s fuel consumption performance for each vehicle family , as determined in § 535.6, is lower than the applicable standard; or (B) The manufacturer uses one or more of the credit flexibilities provided under NHTSA’s Averaging, Banking and Trading Program, specifi ed in § 535.7, to comply with standards. (iv) A manufacturer failing to compl y with the provisions specified in paragraph (b)(1)(iii) of this section is liable to pay civil penalties in accordance with § 535.9. (2) Voluntary compliance . (i) For model ye ars 2013 through 2015, a manufacturer may choose voluntaril y to comply early with the fuel consumption standards provided in paragraph (b)(3) of this section. For example, a manufacturer may choose to comply earl y in order to begin accumulating credits through over - compliance with the applicable standards. A manufacturer choosing earl y compliance must comply with all the vehicles and engines it manufacturers in each regulatory category for a given model y ear. (ii) A manufacturer must declare its inte nt to voluntarily compl y with fuel consumption standards and identify

its plans to comply

before it submits its first application for a certificate of conformity

for the respective model year as specified in § 535.8; and, once selected, the decision cannot be reversed and the manufacturer must continue to comply for each subsequent model year for all the vehicles and engines it manufacturers in each regulatory

category for a given model ye ar. (3) Regulatory subcategory standards. The fuel consumption stan dards for heav y - dut y vocational vehicles are given in the following table:***** E.O. 12866 Review**
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933 of 971 Table 3

– Heavy - Duty Vocational Vehicle Fuel Consumption Standards Fuel Consumption Mandatory Standards (gallons per 1000 ton - miles)

Effective for Model Years 2017 and later Regulatory Subcategories Light Heavy Vehicles Class 2b

– 5 Medium Heavy

Vehicles Class 6 - 7 Heavy Heavy Vehicles Class 8 Fuel Consumption Standard 36.7 22.1 21.8 Effective for Model Years 2016 Fuel Consumption Standard 38.1 23.0 22.2

Fuel Consumption Voluntary Standards (gallons per 1000 ton - miles)

Effective for Model Years 2013 to 2015 Regulatory Subcategories Light Heavy Vehicles Class 2b

– 5 Medium Heavy

Vehicles Class 6 - 7 Heavy Heavy Vehicles Class 8 Fuel Consumption Standard 38.1 23.0 22.2 (4) A manufacturer may

optionally

certify a vocational vehicle to the standards and useful life applicable to a higher vehicle service class (or regulatory subcategory

changes such as compl yi ng with the heavy heavy - dut y standard instead of medium heavy - dut y standard), provided the manufacturer does not generate credits with the vehicle. If a manufacturer includes smaller vehicles in a credit - generating subfamily (with an FEL below the standard), exclude their production volume from the cr edit calculation. (5) Heav y - dut y vocational vehicles including vocational tractors meeting the off - road criteria in 49 CFR part 523.2 are exempted from the requirements in paragraph (b) of this section but the engines in these vehicles must meet the requirements of paragra ph (d) of this section. (c) Truck tractors . Each manufacturer of truck tractors, except vocational tractors, with a GVWR above 26,000 pounds shall comply with the fuel consumption standards in this paragraph (c) expressed in gallons per 1000 ton - miles. (1) For model years 2016 and later . Each manufacturer of truck tractors must comply with the fuel consumption standards in paragraph (c)(3) of this section. (i) The truck tractor category is subdivided by

roof height and cab design into nine regu latory

subcategories as shown in Table 4 of this section, each with its own assigned standard. (ii) For purposes of certifying vehicles to fuel consumption standards, manufacturers must divide their product lines into vehicles families that have similar emissions and fuel consumption features, as specified b y EPA in 40 CFR part 1037, subpart C, and these families will be subject to the applicable standards. Each vehicle famil y is limited to a single model ye ar. (iii) Standards for truck tractor engines are given in paragraph (d) of this section.***** E.O. 12866 Review**
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934 of 971 (iv) A manufacturer complies with the requirements of this part, if at the end of the model year, it provides reports, as specified in § 535.8, by the required deadlines and meets one of the following conditio ns: (A) The manufacturer’s fuel consumption performance for each vehicle family , as determined in § 535.6, is lower than the applicable standard; or (B) The manufacturer uses one or more of the credit flexibilities provided under NHTSA’s Averaging, Bank ing and Trading Program, specified in § 535.7, to comply with standards. (v) A manufacturer failing to compl y with the provisions specified in paragraph (c)(1)(iv) of this section is liable to pay civil penalties in accordance with § 535.9. (2) Voluntar

y compliance . (i) For model years 2013 through 2015, a manufacturer may choose voluntaril y to comply early with the fuel consumption standards provided in paragraph (c)(3) of this section. For example, a manufacturer may choose to comply earl y in order t o begin accumulating credits through over - compliance with the applicable standards. A manufacturer choosing earl y compliance must comply with all the vehicles and engines it manufacturers in each regulatory category for a given model y ear. (ii) A manufacturer must declare its intent to voluntarily compl y with fuel consumption standards and identify

its plans to comply

before it submits its first application for a certificate of conformity

for the respective model year as specified in § 535.8; and, onc e selected, the decision cannot be reversed and the manufacturer must continue to comply for each subsequent model year for all the vehicles and engines it manufacturers in each regulatory

category for a given model ye ar. (3) Regulatory subcategory standards. The fuel consumption standards for truck tractors, except for vocational tractors, are given in the following table:***** E.O. 12866 Review**
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935 of 971 Table 4

– Truck Tractor Fuel Consumption Standards Fuel Consumption Mandatory Standards (gallons per 1000 ton - miles)

Effective for Mod el Years 2017 and later Regulatory Subcategories Day Cab Sleeper Cab Class 7 Class 8 Class 8 Lo w Roof 10.2 7.8 6.5 Mid Roof 11.3 8.4 7.2 High Roof 11.8 8.7 7.1 Effective for Model Years 2016 Lo w Roof 10.5 8.0 6.7 Mid Roof 11.7 8.7 7.4 High Roof 12.2 9.0 7.3

Fuel Consumption Voluntary Standards (gallons per 1000 ton - miles)

Effective for Model Years 2013 to 2015 Regulatory Subcategories Day Cab Sleeper Cab Class 7 Class 8 Class 8 Lo w Roof 10.5 8.0 6.7 Mid Roof 11.7 8.7 7.4 High Roof 12.2 9.0 7.3 (4) A manufacturer may

optionally

certify a tractor to the standards and useful life applicable to a higher vehicle service class (or regulatory subcategory

changes such as complying with the Class 8 day - cab tractor standard instead of Class 7 day - cab tractor), provided the manufacturer does not generate credits with the vehicle. If a manufacturer includes smaller vehicles in a credit - generating subfamily (with an FEL below the standard), exclude their production volume from the credi t calculation. (5) Tractors meeting the definition of vocational tractors in 49 CFR part 523.2 must comply with requirements for heav y - duty vocational vehicles specified in paragraphs (b) and (d) of this section. Class 7 and Class 8 tractors certified or exempted as vocational tractors are limited in production to no more than 21,000 vehicles in any three consecutive model ye ars. If a manufacturer is determined as not appl yi ng this allowance in good faith by

the EPA in its applications for certification in accordance with 40 CFR part 1037.205 and 40 CFR part 1037.610, a manufacturer must comply with the tractor fuel consumption standards in paragraph (3) of this section. (d) Heavy - duty engines . Each manufacturer of heavy - duty engines shall comply

with the fuel consumption standards in this paragraph (d) expressed in gallons per 100 brake horsepower - hours. Each engine must be certified to the primary intended service class that it is designed for in accordance with 40 CFR part 1036.108; (1) For model years 2017 and later compression - ignition engines and for model years 2016 and later spark

- ignition engines . Each manufacturer must comply with the fuel consumption standard in paragraph (d)(3 ) of this section. (i) The heav y - dut y engine regulatory category is divided into six regulatory subcategories, five compression - ignition subcategories and one spark - ignition subcategory , as shown in Table 5 of this section.***** E.O. 12866 Review**
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936 of 971 (ii) Separate standards exist for engines manufactured for use in heavy - duty vocational vehicles and in truck tractors. (iii) For purposes of certifying engines to fuel consumption standards, manufacturers must divide their product lines into engine families that have similar f uel consumption features, as specified b y EPA in 40 CFR part 1036, subpart C, and these families will be subject to the same standards. Each engine family is limited to a single model y ear. (iv) A manufacturer complies with the requirements of this part, if at the end of the model year, it provides reports, as specified in § 535.8, by the required deadlines and meets one of the following conditions: (A) The manufacturer’s fuel consumption performance of each engine family as determined in § 535.6 is less than the applicable standard; or (B) The manufacturer uses one or more of the flexibilities provided under NHTSA’s Averaging, Banking and Trading Program, specified in § 535.7, to comply with standards. (v) A manufacturer failing to compl y with the p rovisions specified in paragraph (d)(1)(iv) of this section is liable to pay civil penalties in accordance with § 535.9. (2) Voluntary compliance . (i) For model years 2013 through 2016 for compression ignition engines, and for model year 2015 for spark - i gnition engines, a manufacturer may choose voluntaril y to comply with the fuel consumption standards provided in paragraph (d)(3), (d)(4) and (5) of this section. For example, a manufacturer may choose to comply earl y in order to begin accumulating credit s through over - compliance with the applicable standards. A manufacturer choosing earl y compliance must compl y with all the vehicles and engines it manufacturers in each regulatory category for a given model y ear except in model year 2013 the manufacturer may compl y with individual engine families as specified in 40 CFR part 1036.150(a)(2). (ii) A manufacturer must declare its intent to voluntarily compl y with fuel consumption standards and identify

its plans to comply

before it submits its first appl ication for a certificate of conformity

for the respective model year as specified in § 535.8; and, once selected, the decision cannot be reversed and the manufacturer must continue to comply for each subsequent model year for all the vehicles and engines it manufacturers in each regulatory

category for a given model ye ar. (3) Regulatory subcategory standards. The fuel consumption standards for heav y - dut y engines are given in the following:***** E.O. 12866 Review**
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937 of 971 Table 5

– Primary Heavy - Duty Engine Standards Fuel Consumption Mandatory Standards (gallons per100 bhp - hr) Regulatory Subcategory Light Heavy - Duty

Com pression Ignition Engine Medium Heavy - Duty

Com pression - Ignition Engine Heavy Heavy - Duty Com pression - Ignition Engine Spark - ignition Engines Truck Application Vocational Vocational Tractor Vocational Tractor All Effective Model Years 2017 and later 2016 and later Fuel Consumption Standard 5.66 5.66 4.78 5.45 4.52 7.06

Fuel Consumption Standards for Voluntary Compliance (gallons per100 bhp - hr) Regulatory Subcategory Light Heavy - Duty

Com pression Ignition Engine Medium Heavy - Duty

Com pression - Ignition Engine Heavy Heavy - Duty Com pression - Ignition Engine Spark - ignition Engine Truck Application Vocational Vocational Tractor Vocational Tractor All Effective Model Years 2013 through 2016 2015 Voluntary Fuel Consumption Standard 5.89 5.89 4.93 5.57 4.67 7.06 (4) Alternate subcategory standards . The alternative fuel consumption standards for heav y - dut y compression - ignition engines are as follows: (i) Manufacturers entering the voluntary program in model years 2014 through 2016, may choose to certify

compression - ignition engine families una ble to meet standards provided in paragraph (3) of this part to the alternative fuel consumption standards of this section. (ii) Manufacturers may

not certify

engines to these alternate standards if they are part of an averaging set in which they carry a balance of banked credits. For purposes of this section, manufacturers are deemed to carry credits in an averaging set if they carry credits from advance technology that are allowed to be used in that averaging set in accordance with **§** 535.7(d)(12). (iii) The emission standards of this section are determined as specified in EPA 40 CFR part 1036.620 (a) through (c) and should be converted to equivalent fuel consumption values. (5) Alternate Phase -In Standards. Manufacturers have the option to comply with EPA emissions standards for compression - ignition engines using an alternative phase - in schedule that correlates with the EPA OBD standards. If a manufacturer chooses to use the alternative phase - in schedule for meeting EPA standards and optionall y chooses to comply earl y with the NHTSA fuel consumption program, it must use the same phase - in schedule beginning in model y ear 2013 for fuel consumption standards and must remain in the program for each model year thereafter. The fuel consumption standard for each model year of the alternative phase - in schedule is provided in Table 6 of this section. Note that engines certified to these standards are not eligible for earl y credits under **§** 535.7.***** E.O. 12866 Review**
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938 of 971 Table 6

– Alternative Phase - in Compression Ignition Engine Standards Tractors LHD Engines MHD Engines HHD Engines Model Years 2013 - 2015 NA 5.03gals/100 hp - hr 4.76 gals./100 hp - hr Model Years 2016 and later † NA 4.78 gals./100 hp - hr 4.52 gals/100 hp - hr Vocational LHD Engines MHD Engines HHD Engines Model Years 2013 - 2015 6.07gals/100hp - hr 6.07 gals/100 hp - hr 5.67 gals/100 hp - hr Model Years 2016 and later † 5.66 gals/100 hp - hr 5.66 gals/100 hp - hr 5.45 gals/100 hp - hr † Note: these alternate standards for 2016 and later are the same as the otherwise applicable standards for 2017 and later. **§ 535.6 Measurement and calculation procedures.** (a) Heavy - duty pickup trucks and vans. This secti on describes the testing a manufacturer must perform for each model year and the method for determining the fleet fuel consumption performance to show compliance with the fleet average fuel consumption standard for heav y - duty

pickup trucks and vans in § 53 5.5(a). (1) For each model year, the heav y - dut y pickup trucks and vans selected by a manufacturer to compl y with fuel consumption standards in § 535.5(a) must be used to determine the manufacturer’s fleet average fuel consumption performance. If the manufacturer’s fleet includes conventional and advanced technology heav y - duty

pickup trucks and vans, the fleet should be sub - divided into two separate vehicle fleets, with all of the conventional vehicles in one fleet and all of the advanced technology v ehicles in the other fleet. (2) Vehicles in each fleet should be divided into test groups or subconfigurations according to EPA in 40 CFR part 1037.104 and 40 CFR part 86, subpart S. (3) Test and measure the CO 2 emissions test results for the selected vehicles and determine the CO 2 emissions test group result, in grams per mile in accordance with 40 CFR Part 86, subpart S. (i) Perform exhaust testing on vehicles fueled b y conventional and alternative fuels, including dedicated and dual fueled (multi - f ueled and flexible fueled) vehicles and measure the CO 2 emissions test result. (ii) Adjust the CO 2 emissions test result of dual fueled vehicles using a weighted average of your emission results as specified in 40 CFR 600.510

– 12(k) for light - duty trucks. (iii) All electric vehicles are deemed to have zero emissions of CO 2 , CH4, and N 2 O. No emission testing is required for such electric vehicles. Assign the fuel consumption test group result to a value of zero gallons per 100 miles in paragraph (4) of th is section.***** E.O. 12866 Review**
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939 of 971 (iv) Test cab - complete and incomplete vehicles using the applicable complete sister vehicles as determined in 40 CFR part 1037.104(g). (v) Test loose engines using applicable complete vehicles as determined in 40 CFR part 1037.104(h). (vi) M anufacturers can choose to anal yt icall y derive CO 2 emission rates (ADCs) for test groups or subconfigurations. Calculate the ADCs for test groups or subconfigurations in accordance with 40 CFR part 1037.104(g). (4) Calculate equivalent fuel consumption test group results, in gallons per 100 miles, from CO 2 emissions test group results, in grams per miles, and round to the nearest 0.01 gallon per 100 miles. (i) Calculate the equivalent fuel consumption test group results as follows for compression - igni tion vehicles and alternative fuel compression - ignition vehicles. CO 2 emissions test group result (grams per mile) / 10,180 grams per gallon of diesel fuel) x (10 2 ) = Fuel consumption test group result (gallons per 100 mile). (ii) Calculate the equivalent fuel consumption test group results as follows for spark ignition vehicles and alternative fuel spark - ignition vehicles. CO 2 emissions test group result (grams per mile) / 8,877 grams per gallon of gasoline fuel) x (10 2 ) = Fuel consumption test group res ult (gallons per 100 mile). (5) Calculate the fleet average fuel consumption result, in gallons per 100 miles, from the equivalent fuel consumption test group results and round the fuel consumption result to the nearest 0.01 gallon per 100 miles. Calculate the fleet average fuel consumption result using the following equation. 

##     

#     i i i Volume Volume

Result Group Test n Consumptio Fuel n Consumptio Fuel Average Fleet Where: Fuel Consumption Test Group Result i = fuel consumption performance for each test group as defined in § 523.4. Volume i = production volume of each test group. (6) Compare the fleet average fuel consumption standard to the fleet average fuel consumption performance. The fleet average fuel consumption performance must be less than or equal to the fleet fuel consumption standard to comply with standards in § 535.5(a). (b) Heavy - duty vocational vehicles and tractors . This section describes the testing a manufacturer must perform and the method for determining fuel consumption***** E.O. 12866 Review**
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940 of 971 performance to show compliance with the fuel consumption standards for vocational vehicles and tractors in § 535.5(b) and (c). (1) Select vehic les and vehicle famil y configurations to test as specified in 40 CFR part 1037.230 for vehicles that make up each of the manufacture’s regulatory subcategories of vocational vehicles and tractors. (2) Determine the CO 2 emissions and fuel consumption result s for all vehicle chassis (conventional, alternative fueled and advanced technology vehicles) using the Greenhouse Emissions Model (GEM) in accordance with 40 CFR part 1037 subpart F. Vocational vehicles and tractor chassis are modeled using the followin g inputs in the GEM model. All seven of the following inputs apply for sleeper cab tractors, while some do not apply

for vocational vehicles and other tractor regulatory subcategories: (i) Identification of vehicles using regulatory subcategories (such as “Class 8 Combination

– Sleeper Cab

– High Roof”). (ii) Coefficient of aerodynamic drag in accordance with 40 CFR part 1037.520 and 40 CFR part 1037.521. Do not use for vocational vehicles. (iii) Steer tire rolling resistance for low rolling resistance ti res in accordance with 40 CFR part 1037.520 and 40 CFR part 1037.650. (iv) Drive tire rolling resistance for low rolling resistance tires in accordance with 40 CFR part 1037.520 and 40 CFR part 1037.650. (v) Vehicle speed limit as governed b y vehicles spee d limiters in accordance with 40 CFR part 1037.520 and 40 CFR part 1037.640. Do not use for vocational vehicles. (vi) Vehicle weight reduction as provided in accordance with 40 CFR part 1037.520. Do not use for vocational vehicles. (vii) Extended idle re duction credit using automatic engine shutdown s ys tems in accordance with 40 CFR part 1037.520 and 40 CFR part 1037.660. Do not use for vehicles other than Class 8 sleeper cabs. (3) From the GEM results, select the CO 2 family emissions level (FEL) and equivalent fuel consumption values for vocational vehicle and tractor families in each regulatory

subcategories for each model year. Equivalent fuel consumption FELs are derived in GEM and expressed to the nearest 0.1 gallons per 1000 ton - mile. For f amilies containing multiple subfamilies, identify the FELs for each subfamil y. (4) The above sections address vocational vehicle and tractor chassis testing onl y. Engine performance and the advanced technologies equipped on vocational vehicles and tract ors are tested separately as follows: (i) Vocational vehicle and tractor engine test results for conventional and alternative fueled vehicles are determined in accordance with **§** 535.6(c). (ii) Improvements for advanced technologies are determined as f ollows: (A) Test h ybrid vehicles with power take - off in accordance with 40 CFR part 1037.525 and vehicles with post - transmission hy brid sy stems in accordance with 40 CFR part 1037.550.***** E.O. 12866 Review**
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941 of 971 (B) All electric vehicles are deemed to have zero CO 2 emissions and f uel consumption. No emission testing is required for such electric vehicles. Assign the vehicle family with a fuel consumption FEL result to a value of zero gallons per 1000 - ton miles in paragraph (3) of this section. (c) Heavy - duty engines . This section describes the testing a manufacturer must perform and the method for determining fuel consumption performance to show compliance with the fuel consumption standards for engines in § 535.5(d). Each engine must be tested to the primary

intended serv ice class that it is designed for in accordance with 40 CFR part 1036.108 (1) Select emission - data engines and engine family configurations to test as specified in 40 CFR part 86 and 40 CFR part 1036 subpart C for engines installed in vehicles that make u p each of the manufacture’s regulatory subcategory . (2) Test the CO 2 emissions for each emissions - data engine subject to the standards in § 535.5(d) using the procedures and equipment specified in 40 CFR part 1036 subpart F. Measure the CO 2 emissions in grams per bhp - hr as specified in 40 CFR part 86, subpart N and 40 CFR Part 1036 subpart C. (i) Perform exhaust testing on each fuel ty pe for conventional, dedicated, dual fuel (multi - fuel, and flexible fuel) vehicles and measure the CO 2 emissions level. ( ii) Adjust the CO 2 emissions result of dual fueled vehicles using a weighted average of the demonstrated emission results as specified in 40 CFR part 1036.225. If EPA disapproves a manufacturer’s dual fuel vehicle demonstrated use submission, NHTSA will r equire the manufacturer to onl y use the test results with 100 percent conventional fuel to determine the fuel consumption of the engine. (iii) All electric vehicles are deemed to have zero emissions of CO 2 and zero fuel consumption. No emission or fuel consumption testing is required for such electric vehicles. (3) Determine the CO 2 emissions for the family certification level (FCL) from the emissions test results in paragraph (2) of this section for engine families within the heav y - dut y engine regulatory subcategories for each model year. (i) If a manufacturer certifies an engine family for use both as a vocational engine and as a tractor engine, the manufacturer must split the family into two separate subfamilies in accordance with 40 CFR part 1036 .230. The manufacturer may assign the numbers and configurations of engines within the respective subfamilies at an y time prior to the submission of the end - of

- ye ar report required b y 40 CFR 1036.730 and § 535.8. The manufacturer must track into which ty pe of vehicle each engine is installed, although EPA may allow the manufacturer to use statistical methods to determine this for a fraction of its engines.***** E.O. 12866 Review**
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942 of 971 (ii) The following engines are excluded from the engine families used to determined FCL values and the benefit for these engines is determined as an advanced technology credits under the ABT provisions provided in § 535.7(e): (A) Engines certified as hy brid engines or power packs. (B) Engines certified as hy brid engines designed with PTO capability an d that are sold with the engine coupled to a transmission. (C) Engines with Rankine cycle waste heat recovery . (4) Calculate equivalent fuel consumption values for emissions FCL s and the CO 2 levels for certified engines, in gallons per 100 bhp - hr and round each fuel consumption value to the nearest 0.01 gallon per 100 bhp - hr. (i) Calculate equivalent fuel consumption FCLvalues for compression - ignition engines and alternative fuel compression - ignition engines. CO 2 FCLvalue (grams per bhp - hr) / 10,180 grams per gallon of diesel fuel) x (10 2 ) = Fuel consumption FCLvalue (gallons per 100 bhp - hr). (ii) Calculate equivalent fuel consumption FCL values for spark - ignition engines and alternative fuel spark - ignition engines. CO 2 FCL value (grams per bhp - hr) / 8,877 grams per gallon of gasoline fuel) x (10 2 ) = Fuel consumption FCL value (gallons per 100 bhp hr). (iii) Manufacturers may

carryover fuel consumption data from a previous model year if allowed to carry

over emissions data for EPA in accordance with 40 CFR Part 1036.235. (iv) If a manufacturer uses an alternate test procedure under 40 CFR 1065.10 and subsequently

the data is rejected by

the EPA, NHTSA will also reject the data. **§ 535.7 Averaging, banking, and trading (ABT) Program.** (a) Fuel consump tion credits (FCC) . At the end of each model y ear, manufacturers may earn credits for heav y - duty vehicles and engines exceeding the fuel consumption standards in § 535.5 or by using one or more of the flexibilities in this paragraph (a) to gain credits. Manufacturers may average, bank, and trade fuel consumption credits for purposes of compl yi ng with fuel consumption standards. The following criteria and restrictions appl y to averaging, banking and trading FCC (hereafter reference as the NHTSA ABT program). (1) Averaging . Averaging is the exchange of FCC among a manufacturer’s engines or vehicle families or test groups within an averaging set. With the exception of FCC earned for advance technologies as further clarified below, a manufacturer may aver age FCC only within the same averaging set. The principle averaging sets are defined in 535.4.***** E.O. 12866 Review**
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943 of 971 (2) Banking . Banking is the retention of surplus FCC by the manufacturer generating the credits for use in future model y ears for averaging or trading. Banked FCC retain the designation from the averaging set and model ye ar in which they were generated and expire after five model years. (3) Trading . Trading is a transaction that transfers FCC between manufacturers or other entities. A manufacturer may use traded FCC for averaging, banking, or further trading transactions. Traded FCC, other than advanced technology credits, may

be used only within the averaging set in which they were generated. (b) ABT provisions for heavy - duty pickup trucks and vans . (1) This regulatory category consists of one regulatory subcategory , heavy - duty pickup trucks and vans. This one regulatory

subcategory

makes up one averaging set. (2) Manufacturers that manufacture vehicles within this regulatory subcategory

shall cal culate credits at the end of each model year based upon the final average fleet fuel consumption standard and final average fleet fuel consumption performance value within this one regulatory

subcategory

as identified in paragraph (b)(8) of this section. I f the manufacturer’s fleet includes conventional vehicles (gasoline, diesel and alternative fuel) and advanced technology vehicles (h ybrids with regenerative braking, vehicles equipped with Rankine - cycle engines, electric and fuel cell vehicles) it should be divided into two separate fleets each with its own final average fleet fuel consumption standard and final average fleet fuel consumption performance value. Credits shall be calculated for each of the two fleets. (3) Fuel consumption levels below the standard create a “credit surplus,” while fuel consumption levels above the standard create a “credit shortfall.” (4) Surplus credits, other than advanced technology credits, generated and calculated within this averaging set may onl y be used to offset a credit shortfall in this same averaging set. (5) Advanced technology credits can be used to offset a credit shortfall in this same averaging set or other averaging sets. However, a manufacturer must first apply advanced technology

credits to any

defic its in the same averaging set before appl yi ng them to other averaging sets. (6) Surplus credits, other than advanced technology credits, may be traded among credit holders but must stay

within the same averaging set. Advanced technology credits can be tr aded across averaging sets. (7) Surplus credits, if not used to offset a credit shortfall may be banked by

the manufacturer for use in future model y ears, or traded, given the restriction that the credits have an expiration date of five model ye ars afte r the year in which the credits are earned. For example, credits earned in model y ear 2014 may be utilized through model y ear 2019.***** E.O. 12866 Review**
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944 of 971 (8) Credit shortfalls must be offset b y an available credit surplus within three model ye ars after the shortfall was incurred. If the shortfall cannot be offset, the manufacturer is liable for civil penalties as discussed in § 535.9. (9) Calculate the value of credits generated in a model year for this regulatory subcategory

or averaging set using the following equati on: Total MY Fleet FCC (gallons) = (Std

–Act)x(Volume)x(UL )x(10 2 ) Where: Std = Fleet average fuel consumption standard (gal/100 mile). Act = Fleet average actual fuel consumption value (gal/100 mile). Volume = the total U.S. directed production of vehicles in the regulatory subcategory . UL= the useful life for the regulatory subcategory

(120,000 miles). (10) If a manufacturer generates credits from its fleet of advanced technology vehicles in accordance with 535.7(e)(1) a multiplier of 1.5 can b e used. Advanced technology credits can be used in other averaging sets different from the one they are generated within with the following restrictions. (i)The maximum amount of credits a manufacturer may bring into the service class group that contain s the heav y - duty pickup and van averaging set is 5.89 Mgallons (for advanced technology

credits based upon compression ignition engines) or 6.76 Mgallons (for advanced technology

credits based upon spark ignition engines) per model y ear as specified in 40 CFR part 1037.104: (ii) The limit specified in paragraph (b)(10)(i) of this section does not limit the amount of advanced technology

credits that can be used across averaging sets within the same service class group. (11) Early credit provisions. If a manufacturer chooses to generate CO 2 emission credits under EPA provisions of 1037.150(a), it may also voluntarily

generate early

credits under the NHTSA fuel consumption program. Fuel consumption credits may be generated for vehicles certified in model year 2013 to the model y ear 2014 standards in § 535.5 (a). To do so a manufacturer must certify its entire U. S. directed production volume of vehicles in its fleet. The same production volume restrictions specified in §1037.150 (a)(2) relating to when test groups are certified apply to the NHTSA earl y credit provisions. Credits are calculated as specified in paragraph (b)(9) of this section relative to the fleet standard that would apply for model year 2014 using the model ye ar 2013 production vol umes. Surplus credits generated under this paragraph are available credits for banking or trading. Credit deficits for an averaging set prior to model year 2014 do not carry over to model y ear 2014. These credits may be used to show compliance with the standards of this part for 2014 and later model years. Once a manufacturer opts into the NHTSA***** E.O. 12866 Review**
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945 of 971 program they

must stay

in the program for all of the optional model years and remain standardized with the same implementation approach being followed to meet the EPA CO 2 emission program. (c) ABT provisions for vocational vehicles and tractors . (1) The two regulatory categories for vocational vehicles and tractors consist of 12 regulatory subcategory

as follows: (i) Vocational vehicles with a GVWR up to and including 19,500 pounds (L ight Heavy Duty (LHD)); (ii) Vocational vehicles with a GVWR above 19,500 pounds and no greater than 33,000 pounds (Medium Heav y - Duty (MHD)); (iii) Vocational vehicles with a GVWR over 33,000 pounds (Heav y Heav y - Duty (HHD)); (iv ) L ow roof day

cab tractors with a GVWR above 26,000 pounds and no greater than 33,000 pounds; (v) Mid roof day

cab tractors with a GVWR above 26,000 pounds and no greater than 33,000 pounds; (vi) High roof day

cab tractors with a GVWR above 26,000 pounds and no greater than 33,000 pounds; (vii) L ow roof day

cab tractors with a GVWR above 33,000 pounds; (viii) Mid roof day

cab tractors with a GVWR above 33,000 pounds; (ix) High roof day

cab tractors with a GVWR above 33,000 pounds; (x) L ow roof sleeper cab tractors with a GVWR above 33,000 pounds; (xi) Mid roof sleeper cab tractors with a GVWR above 33,000 pounds; and (xii) High roof sleeper cab tractors with a GVWR above 33,000 pounds. (2) The 12 regulatory

subcategories consist of three averaging sets as follows: (i) Vocational light - heavy vehicles at or below 19,500 pounds GVWR. (ii) Vocational and tractor medium - heav y vehicles above 19,500 pounds GVWR but at or below 33,000 pounds GVWR. (iii) Vocational and tractor heav y - heavy vehicles above 33,000 pounds GVWR. (3) Manufacturers that manufacture vehicles within either of these two vehicle categories, in one or more of the regulatory subcategories, shall calculate a total credit balance within each applicable averaging set at th e end of each model ye ar based upon final production volumes and the sum of the credit balances derived for each of the vehicle famil y groups within each averaging set. (4) Each designated vehicle famil y group has a “family emissions limit” (FEL) which is compared to the associated regulatory subcategory

standard. A FEL that falls below the regulatory

subcategory

standard creates “positive credits,” while fuel consumption level of a famil y group above the standard creates a “credit shortfall.” (5) Manufac turers shall sum all shortfalls and surplus credits for each vehicle famil y within each applicable averaging set to obtain the total credit balance for the model year***** E.O. 12866 Review**
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946 of 971 before rounding. The sum of fuel consumptions credits must be rounded to the nearest gal lon. (6) Surplus credits, other than advanced technology credits, generated and calculated within this averaging set may onl y be used to offset a credit shortfall in this same averaging set. (7) Advanced technology credits can be used to offset a credi t shortfall in this same averaging set or other averaging sets. However, a manufacturer must first apply advanced technology

credits to any

deficits in the same averaging set before appl yi ng them to other averaging sets. (8) Surplus credits, other than advanced technology credits, may

be traded among credit holders but must stay

within the same averaging set. Advanced technology credits can be traded across averaging sets. (9) Surplus credits, if not used to offset a credit shortfall may be banked b y the manufacturer for use in future model y ears, or traded, given the restriction that the credits have an expiration date of five model ye ars after the year in which the credits are earned. For example, credits earned in model y ear 2014 may be utilized through model year 2019. (10) Credit shortfalls must be offset b y an available credit surplus within three model ye ars after the shortfall was incurred. If the shortfall cannot be offset, the manufacturer is liable for civil penalties as discussed in § 535.9. (11) The value of credits generated in a model ye ar is calculated as follows: (i) Calculate the value of credits generated in a model year for each vehicle family within an averaging set using the following equation: Vehicle Family

FCC (ga llons) = (Std

–FEL)x(Payload)x(Volume)x(UL )x(10 3 ) Where: Std = the standard for the respective vehicle family regulatory

subcategory

(gal/1000 ton mile). FEL = family

emissions limit for the vehicle family (gal/1000 ton - mile). Payload = the prescribed payload in tons for each regulatory subcategory

as shown in the following table: Regulatory subcategory Payload (Tons) LHD Vocational Vehicles 2.85 MHD Vocational Vehicles 5.60***** E.O. 12866 Review**
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947 of 971 HHD Vocational Vehicles 7.5 Class 7 Tractor 12.50 Class 8 Tractor 19.00 Volume = the number of U.S. directed production volume of vehicles in the corresponding vehicle family . UL= the useful life for the regulatory subcategory

(miles) as shown in the following table: Regulatory

subcategory UL(miles) LHD Vocational Vehicles 110,000 MHD Vocational Vehicles 185,000 HHD Vocational Vehicles 435,000 Class 7 Tractor 185,000 Class 8 Tractor 435,000 (ii) Calculate the value of credits generated in a model y ear for each vehicle family for advanced technology

vehicles within an averaging set using the equation above, the guidelines provided paragraph (e)(1)(i), and the 1.5 credit multiplier. (iii) Calculate the total credits generated in a model year for each averaging set using the following equation: 

#   set averaging each within credits family Vehicle credits MY set averaging Total (12) Early credit provisions. (i) If a manufacturer chooses to generate CO 2 emission credits under EPA provisions of 1037.150(a), it may also voluntarily generate early credits under the NHTSA fuel consumption program. Fuel consumption credits may be ge nerated for vehicles certified in model y ear 2013 to the model y ear 2014 standards in § 535.5 (b) and (c). To do so a manufacturer must certify its entire U. S. directed production volume of vehicles. The same production volume restrictions specified in §1037.150 (a)(1) relating to when test groups are certified appl y to the NHTSA earl y credit provisions. Credits are calculated as specified in paragraph (c)(11) of this section relative to the standards that would apply for model y ear 2014. Surplus credi ts generated under this paragraph may be increased b y a factor of 1.5 for determining total available credits for banking or trading. For example, if yo u have 10 gallons of surplus credits for model year 2013, you may bank 15 gallons of credits. Credit d eficits for an averaging set prior to model y ear 2014 do not carry over to model year 2014. These credits may be used to show compliance with the standards of this part for 2014 and later model years. Once a manufacturer opts into the NHTSA program they must stay in the program for all of the optional model years and remain standardized with the same implementation approach being followed to meet the EPA CO 2 emission program. (ii) A tractor manufacturer may generate fuel consumption credits for the numb er of additional SmartWay

designated tractors (relative to its MY 2012 production), provided***** E.O. 12866 Review**
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948 of 971 that credits are not generated for those vehicles under paragraph (12)(i). Calculate credits for each regulatory

sub - category

relative to the standard that would appl y i n model year 2014 using the equations in paragraph (c)(11) above. Use a production volume equal to the number of verified model y ear 2013 SmartWay tractors minus the number of verified model year 2012 SmartWay tractors. A manufacturer may bank cre dits equal to the surplus credits generated under this paragraph multiplied by 1.50. A manufacturer’s 2012 and 2013 model y ears must be equivalent in length. Once a manufacturer opts into the NHTSA program they must stay

in the program for all of the opt ional model years and remain standardized with the same implementation approach being followed to meet the EPA CO 2 emission program. (13) Advanced technology credits . (i) If a manufacturer generates credits from vehicles certified for advanced technol ogy in accordance with 535.7(e)(1) a multiplier of 1.5 can be used, but this multiplier cannot be used on the same credits the earl y credit multiplier is used. Advanced technology credits can be used in other averaging sets different from the one they

are generated within with the following restrictions. (ii) The maximum amount of credits a manufacturer may bring into a service class group that contains the vocational vehicle and tractor averaging sets is 5.89 Mgallons (for advanced technology

credits ba sed upon compression ignition engines) or 6.76 Mgallons (for advanced technology credits based upon spark ignition engines) per model year as specified in 40 CFR part 1037.740: (iii) The limit specified in paragraph (c)(13)(i) of this section does not li mit the amount of advanced technology

credits that can be used across averaging sets within the same service class group. (d) ABT provisions for heavy - duty engines . (1) Heavy - dut y engines consist of six regulatory

subcategories as follows: (i) Spark - ignition engines. (ii) L ight heavy - dut y compression - ignition engines. (iii) Medium heav y - dut y vocational compression - ignition engines. (iv) Medium heav y - dut y tractor compression - ignition engines (v) Heav y heav y - dut y vocational compression - ignition engines. (vi) Heav y heav y - duty

tractor compression - ignition engines. (2) The six regulatory

subcategories consist of four averaging sets as follows: (i) Compression - ignition light heav y - dut y engines. (ii) Compression - ignition medium heav y - dut y engines.***** E.O. 12866 Review**
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949 of 971 (iii) Compression - ignition heav y heav y - dut y engines. (iv) Spark ignition engines ( 3) Manufacturers that manufacture engines within one or more of the regulatory subcategories, shall calculate a total credit balance within each applicable averaging set at the end of each model ye ar based upon final production volumes and the sum of the credit balances derived for each of the engine families within each averaging set. (4) Each designated engine family has a “famil y certification level” (FCL) which is compared to the associated regulatory subcategory

standard. A FCLthat falls below the regulatory

subcategory

standard creates “positive credits,” while fuel consumption level of a famil y group above the standard creates a “credit shortfall.” (5) Manufacturers shall sum all surplus and shortfall credits for each engine family within the applicable averaging set to obtain the total credit balance for the model y ear before rounding. Round the sum of fuel consumptions credits to the nearest gallon. (6) Surplus credits, other than advanced technology credits, generated and calculated within this averaging set may onl y be used to offset a credit shortfall in this same averaging set. (7) Advanced technology credits can be used to offset a credit shortfall in this same averaging set or other averaging sets. However, a manufacturer must first apply advanced technology

credits to any

deficits in the same averaging set before appl yi ng them to other averaging sets. (8) Surplus credits, other than advanced technology credits, may be traded among credit holders but must stay

within the same averaging set. Advanced technology credits can be traded across averaging sets. (9) Surplus cr edits, if not used to offset a credit shortfall may be banked by

the manufacturer for use in future model y ears, or traded, given the restriction that the credits have an expiration date of five model ye ars after the year in which the credits are earned. For example, credits earned in model y ear 2014 may be utilized through model y ear 2019. (10) Credit shortfalls must be offset b y available surplus credits within three model years after shortfall was incurred. If the shortfall cannot be offset, the manufacturer is liable for civil penalties as discussed in § 535.9. (11) The value of credits generated in a model ye ar is calculated as follows: (i) The value of credits generated in a model year for each engine family within a regulatory

subc ategory

equals Engine Famil y FCC (gallons) = (Std

– FCL)x(CF)x(Volume)x(UL)x(10 2 )***** E.O. 12866 Review**
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950 of 971 Where: Std = the standard for the respective engine regulatory subcategory

(gal/100 bhp - hr). FCL= family

certification level for the engine family (gal/100 bhp - hr). CF= a transient cycle conversion factor in bhp - hr/mile which is the integrated total cycle brake horsepower - hour divided by the equivalent mileage of the applicable test cycle. For spark - ignition heav y - duty engines, the equivalent mileage is 6.3 miles. For c ompression - ignition heavy - dut y engines, the equivalent mileage is 6.5 miles. Volume = the number of engines in the corresponding engine family . UL= the useful life of the given engine family (miles) as shown in the following table: Regulatory Subcategory UL (miles) Class 2b - 5 Vocational Vehicles, Spark Ignited (SI), and Light Heavy - Duty Diesel Engines 110,000 Class 6 - 7 Vocational Vehicles and Medium Heavy - Duty Diesel Engines 185,000 Class 8 Vocational Vehicles and Heavy Heavy - Duty Diesel Engines 435,000 Regulatory Subcategory UL (miles) Class 7 Tractors and Medium Heavy - Duty Diesel Engines 185,000 Class 8 Tractors and Heavy Heavy - Duty Diesel Engines 435,000 (ii) Calculate the total credits generated in a model year for each averaging set using the following equation: 

#   set averaging each within credits family Engine credits MY set averaging Total (12) Alternate standard provisions for compression ignition engines . (i) The provisions of this section apply

to manufacturers utilizing the voluntary alternate standard provisions specified in § 535.5(d)(4). (ii) Manufacturers may

not certify

engines to the alternate standards if they are part of an averaging set in which they carry a balance of banked credits. For purposes of this sect ion, manufacturers are deemed to carry credits in an averaging set if they carry credits from advance technology that are allowed to be used in that averaging set. (iii) Manufacturers may

not bank fuel consumption credits for any engine family

in the same averaging set and model y ear in which it certifies engines to the alternate standards. This means a manufacturer may not bank advanced technology credits in a model y ear it certifies an y engines to the alternate standards. (iv) Note that the provisions of §535.7(d)(10) apply with respect to credit deficits generated while utilizing alternate standards.***** E.O. 12866 Review**
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951 of 971 (13) Alternative phase - in standard provisions for compression ignition engines. Where a manufacturer has chosen to comply with the EPA alternative phase - in standard provisions in 1036.150(e), and has optionall y decided to follow the same path under the NHTSA fuel consumption program, it must certify all of its model y ear 2013 compression - ignition engines within a given averaging set to the applicable alte rnative standards in 535.5(d)(5). Engines certified to these standards are not eligible for earl y credits under paragraph (14) of this section. Credits are calculated using the same equation provided in paragraph (11) of this section. (14) Early credit provisions. If a manufacturer chooses to generate CO 2 emission credits under EPA provisions of 1036.150, it may also voluntarily

generate earl y credits under the NHTSA fuel consumption program. Fuel consumption credits may be generated for engines certifi ed in model year 2013 (2015 for spark - ignition engines) to the standards in § 535.5 (d). To do so a manufacturer must certify its entire U. S. directed production volume of engines except as specified in 40 CFR part 1036.150(a)(2). Credits are calculated as specified in paragraph (d)(11) of this section relative to the standards that would apply

for model year 2014 (2016 for spark - ignition engines). Surplus credits generated under this paragraph may be increased by

a factor of 1.5 for determining total available credits for banking or trading. For example, if you have 10 gallons of surplus credits for model ye ar 2013, you may bank 15 gallons of credits. Credit deficits for an averaging set prior to model year 2014 (2016 for spark - ignition engines) do not carry over to model y ear 2014 (2016 for spark - ignition engines). These credits may be used to show compliance with the standards of this part for 2014 and later model years. Once a manufacturer opts into the NHTSA program they must stay

in the program for all of the optional model years and remain standardized with the same implementation approach being followed to meet the EPA CO 2 emission program. (15) Advanced technology credits . (i) If a manufacturer generates credits from engines certified for advanced technology in accordance with 535.7(e)(1) a multiplier of 1.5 can be used, but this multiplier cannot be used on the same credits the earl y credit multiplier is used. Advanced technology credits can be used in other averaging sets different from the one they

are generated within with the following restrictions. (ii) The maximum amount of credits a manufacturer may bring into a service class group that contains the heav y - duty engine averaging sets is 5.89 Mgallons (for advanced technology

credit s based upon compression ignition engines) or 6.76 Mgallons (for advanced technology

credits based upon spark ignition engines) per model y ear as specified in 40 CFR part 1036.740: (iii) The limit specified in paragraph (d)(15)(ii) of this section does n ot limit the amount of advanced technology

credits that can be used across averaging sets within the same service class group. (e) Additional credit provisions. (1) Advanced technology credits . Manufacturers of heav y - dut y pickup trucks and vans, vocat ional vehicles, tractors and associated engines showing improvements in CO 2 emissions and fuel consumption using hy brid vehicles with regenerative braking, vehicles equipped with Rankine - cycle engines, electric vehicles and fuel cell vehicles are eligible for advanced technology credits. Advanced***** E.O. 12866 Review**
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952 of 971 technology

credits may

be increased by

a 1.5 multiplier and applied to any heavy - dut y vehicle or engine subcategory consistent with sound engineering judgment. (i) Heavy - duty vehicles. (A) For advanced technolog y s ys tem (h ybrid vehicles with regenerative braking, vehicles equipped with Rankine - cycle engines and fuel cell vehicles), calculate the advanced technology credits as follows: (1 ) Measure the effectiveness of the advanced s ys tem by chassis testing a vehicle equipped with the advanced s ys tem and an equivalent conventional sy stem in accordance with 40 CFR part 1037.615. (2 ) For purposes of this paragraph a conventional vehicle is c onsidered to be equivalent if it has the same footprint, intended vehicle service class, aerodyn amic drag, and other relevant factors not directly related to the advanced sy stem powertrain. If there is no equivalent vehicle, the manufacturer may create an d test a prototy

pe equivalent vehicle. The conventional vehicle is considered Vehicle A, and the advanced technology vehicle is considered Vehicle B. (3 ) The benefit associated with the advanced sy stem for fuel consumption is determined from the weighte d fuel consumption results from the chassis tests of each vehicle using the following equation: Benefit (gallon/1000 ton mile) = Improvement Factor x GEM Fuel Consumption Result_B Where: Improvement Factor = (Fuel Consumption_A

– Fuel Consumption_B)/(Fuel Consumption_A) Fuel Consumption Rates A and B are the gallons per 1000 ton - mile of the conventional and advanced vehicles, respectivel y as measured under the test procedures specified b y EPA. GEM Fuel Consumption Result B is the estimated gallons per 1000 ton - mile rate resulting from emission modeling of the advanced vehicle as specified in 40 CFR 1037.520 and § 535.6(b). (4 ) Calculate the benefit in credits using the equation in paragraph 535.7(c)(11) of this section and replacing the term (Std - FEL) with the benefit. (B) For electric vehicles calculate the fuel consumption credits using an FEL of 0 g/1000ton - mile. (ii) Heavy - duty engines. (A) This section specifies how to generate advanced technology - specific fuel consumption credits for hy brid p owertrains that include energy storage s ys tems and regenerative braking (including regenerative engine braking) and for***** E.O. 12866 Review**
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953 of 971 engines that include Rankine - cycle (or other bottoming cycle) exhaust energy recovery sy stems. (1) Pre - transmission hy

brid powertrains are those engine sy stems that include features that recover and store energy during engine motoring operation but not from the vehicle wheels. These powertrains are tested using the h ybrid engine test procedures of 40 CFR part 1065 or using the post - tran smission test procedures. (2) Post - transmission hybrid powertrains are those powertrains that include features that recover and store energy

from braking at the vehicle wheels. These powertrains are tested by simulating the chassis test procedure applicab le for h ybrid vehicles under 40 CFR 1037.550. (3) Test engines that include Rankine - cycle exhaust energy recovery s ys tems according to the test procedures specified in 40 CFR part 1036 subpart F of this part unless EPA approves the manufacturer’s altern ate procedures. (B) Calculate credits as specified in § 535.7(c) of this part. Credits generated from engines and powertrains certified under this section may be used in other averaging sets as described in 40 CFR part 1036.740(d). (2) Innovative technology credits. This provision allows engine and vehicle manufacturers to generate CO 2 emission credits consistent with the provisions of 40 CFR part 1036.610 (for engines), 40 CFR part 1037.104(d)(13) (for heav y - dut y pickup trucks and vans) and 40 C FR part 1037.610 (for vocational vehicles and tractors) for introducing innovative technology

in heav y - dut y engines and vehicles for reducing greenhouse gas emissions and fuel consumption. Upon identification and approval from EPA of a manufacturer seekin g to obtain innovative technology credits in a given model year, NHTSA may

adopt an equivalent amount of fuel consumption credits into its program. Such credits must remain within the same regulatory subcategory

in which the credits were generated. NHTSA will adopt these fuel consumption credits depending upon whether: (i) The technology

has a direct impact upon reducing fuel consumption performance; (ii) The manufacturer has provided sufficient information to make sound engineering judgments on the i mpact of the technology in reducing fuel consumption performance; and (iii) Credits will be accepted on a one - for - one basis expressed in terms of gallons. **§ 535.8 Reporting requirements.** (a) General Requirements . Manufacturers producing heav y - dut y vehicles and engines applicable to fuel consumption standards in § 535.5, for each given model y ear, must submit the required information as specified in paragraphs (b) through (h) of this section.***** E.O. 12866 Review**
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954 of 971 (1) The information required by this part must be submitted by the deadlines specified in this section and must be based upon all the information and data available to the manufacturer 30 day s before submitting information. (2) Manufacturers must submit information electronically through the EPA database sy stem as the single point of entry for all information required for this national program and both agencies will have access to the information. The format for the required information is specified by EPA. (3) If b y model ye ar 2012, the agencies are not prepared to receive information through the EPA database s ys tem, manufacturers are required to submit information to EPA using an approved information format. A manufacturer can use a different fo rmat, if it sends EPA a written request with justification for a waiver. (b) Pre - model year reports . Manufacturers producing heav y - dut y pickup trucks and vans must submit reports in advance of the model year providing earl y estimates demonstrating how their fleet(s) would comply with GHG emissions and fuel consumption standards. Note, the agencies understand that earl y model ye ar reports contain estimates that may change over the course of a model year and that compliance information manufactures submit prior to the beginning of a new model ye ar may not represent the final compliance outcome. The agencies view the necessity for requiring earl y model reports as a manufacturer’s good faith projection for demonstrating compliance with emission and fuel con sumption standards. (1) Report Deadlines . For model y ears 2013 and later, manufacturer of heavy - dut y pickup trucks and vans complying with voluntary and mandatory

standards must submit a pre - model year report for the given model y ear as earl y as the date of the manufacturer’s annual certification preview meeting with EPA and NHTSA, or prior to submitting its first application for a certificate of conformity to EPA in accordance with 40 CFR part 1037.104(d). For example, a manufacturer choosing to compl y in model year 2014 could submit its pre - model year report during its precertification meeting which could occur before January

2, 2013, or could provide its pre - model year report an y time prior to submitting its first application for certification for th e given model year. (2) Contents . Each pre - model year report must be submitted including the following information for each model year. (i) A list of each unique subconfiguration in the manufacturer’s fleet describing the make and model designation s, attribute based - values (i.e., GVWR, GCWR, Curb Weight and drive configurations) and standards; (ii) The emission and fuel consumption fleet average standard derived from the unique vehicle configurations; (iii) The estimated vehicle configuration, tes t group and fleet production volumes; (iv) The expected emissions and fuel consumption test group results and fleet average performance;***** E.O. 12866 Review**
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955 of 971 (v) If compl yi ng with MY 2013 fuel consumption standards, a statement must be provided declaring that the manufacturer is voluntarily choosing to comply

early with the EPA and NHTSA programs. The manufacturers must also acknowledge that once selected, the decision cannot be reversed and the manufacturer will continue to comply with the fuel consumption standards for s ubsequent model years for all the vehicles it manufacturers in each regulatory category for a given model y ear; (vi) If compl yi ng with MYs 2014, 2015 or 2016 fuel consumption standards, a statement must be provided declaring whether the manufacturer will use fixed or increasing standards in accordance with Part 535.5(a). The manufacturer must also acknowledge that once selected, the decision cannot be reversed and the manufacturer must continue to comply with the same alternative for subsequent model year s for all the vehicles it manufacturers in each regulatory category for a given model y ear; (vii) If compl yi ng with MYs 2014 or 2015 fuel consumption standards, a statement must be provided declaring that the manufacturer is voluntarily choosing to comply with NHTSA’s voluntary

fuel consumption standards in accordance with Part 535.5(a)(4). The manufacturers must also acknowledge that once selected, the decision cannot be reversed and the manufacturer will continue to comply with the fuel consumption stan dards for subsequent model y ears for all the vehicles it manufacturers in each regulatory

category for a given model ye ar; (viii) The list of Class 2b - 3 incomplete (cab - complete or chassis complete vehicles) and the method used to certify these vehicles a s complete pickups and vans identifying the most similar complete sister - or other complete vehicles used to derive the target standards and performance test results; (ix) The list of Class 4 and 5 incomplete and complete vehicles and the method use to ce rtify these vehicles as complete pickups and vans identifying the most similar complete or sister vehicles used to derive the target standards and performance test results; (x) L ist of loose engines included in the heav y - duty pickup and van category and the list of vehicles used to derive target standards and performance test results; (xi) Copy

of any notices a vehicle manufacturer sends to the engine manufacturer to notify the engine manufacturers that their engines are subject to emissions and fuel con sumption standards and that it intends to use their engines in excluded vehicles; (xii) A credit plan identifying the manufacturers estimated credit balances, planned credit flexibilities (i.e., credit balances, planned credit trading, innovative, advanc ed and earl y credits and etc.) and if needed a credit deficit plan demonstrating how it plans to resolve an y credit deficits that might occur for a model y ear within a period of up to three model years after that deficit has occurred; and (xiii) The suppl emental information specified in paragraph (h) of this part. Note, NHTSA may

also ask a manufacturer to provide additional information if necessary to verify compliance with the fuel consumption requirements of this regulation.***** E.O. 12866 Review**
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956 of 971 (c) Applications for certi

ficate of conformity . Manufacturers producing vocational vehicles, tractors and heavy - dut y engines are required to submit applications for certificates of conformity to EPA in accordance with 40 CFR part 1036.205 and 40 CFR part 1037.205 in advance of introducing vehicles for commercial sale. Applications contain earl y model ye ar information demonstrating how manufacturers plan to comply with GHG emissions. For model y ears 2013 and later, manufacturers of vocational vehicles, tractors and engine complyin g with NHTSA’s voluntary and mandatory standards must submit applications for certificates of conformity in accordance through the EPA database including both GHG emissions and fuel consumption information for each given model year. (1) Submission Dea dlines . Applications are primarily submitted in advance of the given model year to EPA but cannot be submitted any later than December 31 st of the given model year. (2) Contents . Each application for certificates of conformity submitted to EPA must include the following equivalent fuel consumption. (i) Equivalent fuel consumption values for emissions CO 2 FCLs values used to certify each engine famil y in accordance with 1036.205(e). This provision applies only to manufacturers producing heav y - dut y e ngines. (ii) Equivalent fuel consumption values for emission CO 2 data engines used to comply with emission standards in § 1036.108. This provision applies only to manufacturers producing heav y - duty

engines. (iii) Equivalent fuel consumption values for emissions CO 2 FELs values used to certify each vehicle families or subfamilies in accordance with 1037.205(k). This provision applies only

to manufacturers producing vocational vehicles and tractors. (iv) Report modeling results for ten configurations in terms of CO 2 emissions and equivalent fuel consumption results in accordance with 1037.205(o). Include modeling inputs and detailed descriptions of how they were derived. This provision applies only to manufacturers producing vocational vehicles and tractors. (3) Additional supplemental information. Manufacturers are required to submit additional information as specified in paragraph (h) of this part for the NHTSA program before or at the same time it submits its first application for a certificat e of conformity to EPA. Under limited conditions, NHTSA may also ask a manufacturer to provide additional information directl y to the Administrator if necessary to verify the fuel consumption requirements of this regulation. (d) End - of - the - Year-Report . B oth manufacturers participating and not participating in the ABT program are required to submit year end reports; end - of - the - year (EOY) reports in accordance with 40 CFR part 1036.730 and 40 CFR part 1037.730. The EOY reports are used to review a manufacturer’s preliminary final estimates and to identify manufacturers that might have a credit deficit for the given model year. For model years 2013 and later, heav y - dut y vehicle and engine manufacturers complying with NHTSA’s voluntary and***** E.O. 12866 Review**
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957 of 971 mandatory

standard s must submit EOY reports through the EPA database including both GHG emissions and fuel consumption information for each given model ye ar. (1) Report Deadlines . For model y ear 2013 and later, heavy - dut y vehicle and engine manufacturers compl yi ng with N HTSA voluntary and mandatory standards must submit EOY reports through the EPA database including both GHG emissions and fuel consumption information within 90 day s after the end of the given model year and no later than April 1 of the next calendar ye ar. For example, the EOY report for model year 2014 must be submitted no later than April 1, 2015. (i) If a manufacturer expects differences in the information reported between the EOY and the final ye ar report specified in 40 CFR part 1036.730 and 40 CFR part 1037.730, it must provide the most up - to - date fuel consumption projections in its EOY report and indentify the information as preliminary . (ii) If the manufacturer cannot provide an y of the required fuel consumption information, it must state the spec ific reason for the insufficiency and identify the additional testing needed or explain what analy tical methods are believed by the manufacturer will be necessary to eliminate the insufficiency and certify

that the results will be available for the final r eport. (2) Contents. Each EOY report must be submitted including the following fuel consumption information for each model ye ar. (i) Engine and vehicle family designations and averaging sets. (ii) Engine and vehicle regulatory subcategory

and fuel c onsumption standards including any alternative standards used. (iii) Engine and vehicle family FCL s and FELs in terms of fuel consumption. (iv) Production volumes for engines and vehicles. (v) A credit plan (for manufacturers participating in the ABT program) identifying the manufacturers actual fuel consumption credit balances, credit flexibilities, credit trades and a credit deficit plan if needed demonstrating how it plans to resolve any credit deficits that might occur for a model ye ar within a perio d of up to three model y ears after that deficit has occurred (vi) A plan describing the vocational vehicles and vocational tractors that were exempted as heav y - dut y off

- road vehicles. (vii) A final plan describing an y advanced technology engines or veh icles including alternative fueled vehicles that were produced for the model y ear identifying the approaches used to determinate compliance and the production volumes. (viii) A final list of each unique subconfiguration included in a manufacturers fleet o f heav y - dut y pickup trucks and vans describing the designations, attribute based - values***** E.O. 12866 Review**
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958 of 971 (GVWR, GCWR, Curb Weight and drive configurations) and standards. This provision applies only

to manufacturers producing heavy - duty pickup trucks and vans. (ix) The fi nal fuel consumption fleet average standard derived from the unique vehicle configurations. This provision applies only to manufacturers producing heavy - duty pickup trucks and vans. (x) The p reliminary

final subconfiguration and test group production vo lumes. This provision applies only

to manufacturers producing heavy - dut y pickup trucks and vans. (xi) The p reliminary

final fuel consumption test group results and fleet average performance. This provision applies only to manufacturers producing heavy - dut y pickup trucks and vans. (xii) Under limited conditions, NHTSA may also ask a manufacturer to provide a dditional information directl y to the Administrator if necessary to verify the fuel consumption requirements of this regulation. (e) Final Reports . Both manufacturers participating and not participating in the ABT program are required to submit year end final reports in accordance with 40 CFR part 1036.730 and 40 CFR part 1037.730. The final reports are used to review a manufacturer’s final data and to identify manufacturers that might have a credit deficit for the given model ye ar. For model ye ars 2013 and later, heav y - dut y vehicle and engine manufacturers compl yi ng with NHTSA’s voluntary and mandatory

standards must submit final reports through the EPA database including both GHG emissions and fuel consumption information for each given model ye ar. ( 1) Report Deadlines . For model y ear 2013 and later, heavy - dut y vehicle and engine manufacturers compl yi ng with NHTSA voluntary and mandatory standards must submit final reports through the EPA database including both GHG emissions and fuel consumption inf

ormation within 270 day s after the end of the given model year and no later than October 1 of the next calendar ye ar. For example, the final reports for model ye ar 2014 must be submitted no later than October 1, 2015. (2) Contents . Each final report mu st be submitted including the following fuel consumption information for each model ye ar. (i) Final engine and vehicle famil y designations and averaging sets. (ii) Final engine and vehicle fuel consumption standards including any alternative standards used. (iii) Final engine and vehicle family FCLs and FEL s in terms of fuel consumption. (iv) Final production volumes for engines and vehicles. (v) A final credit plan identifying the manufacturers actual fuel consumption credit balances, credit flexibi lities, credit trades and a credit deficit plan if needed***** E.O. 12866 Review**
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959 of 971 demonstrating how it plans to resolve an y credit deficits that might occur for a model ye ar within a period of up to three model y ears after that deficit has occurred (vi) A final plan describing the vocational vehicles and vocational tractors that were exempted as heav y - dut y off - road vehicles. (vii) A final plan describing an y advanced technology engines or vehicles including alternative fueled vehicles that were produced for the model y ear identifying the approaches used to determinate compliance and the production volumes. (viii) A final list of each unique subconfiguration included in a manufacturers fleet of heav y - dut y pickup trucks and vans describing the designations, attribute based - value s (GVWR, GCWR, Curb Weight and drive configurations) and standards. This provision applies only

to manufacturers producing heavy - duty pickup trucks and vans. (ix) The final fuel consumption fleet average standard derived from the unique vehicle configurat ions. This provision applies only to manufacturers producing heavy - duty pickup trucks and vans. (x) The final subconfiguration and test group production volumes. This provision applies only

to manufacturers producing heavy - duty pickup trucks and vans. (xi) The final fuel consumption test group results and fleet average performance. This provision applies only

to manufacturers producing heavy - dut y pickup trucks and vans. (xii) Under limited conditions, NHTSA may also ask a manufacturer to provide additional information directl y to the Administrator if necessary to verify the fuel consumption requirements of this regulation. (f) Amendments to applications for certification . At any time, a manufacturer modifies an application for certification in accordance with § 1036.225 and § 1037.225, it must submit GHG emissions changes with equivalent fuel consumption values for the information required in paragraphs (b) through (e) and (h) of this part. (g) Confidential Information . Manufacturers must su bmit a request for confidentiality with each electronic specifying an y part of the for information or data in a report that it believes should be withheld from public disclosure as trade secret or other confidential business information. Information submi tted to EPA should follow EPA guidelines for treatment of confidentiality . Confidential information submitted to NHTSA shall be treated according to paragraph (g)(1) of this section. (1) For an y information or data requested b y the manufacturer to be withheld under 5 U.S.C. 552(b)(4) and 15 U.S.C. 2005(d)(1), the manufacturer shall provide evidence in its request for confidentiality to justify that: (i) The item is within the scope of 5 U.S.C. 552(b)(4) and 15 U.S.C. 2005(d)(1); (ii) The disclosure of such as item would result in significant competitive damage;***** E.O. 12866 Review**
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960 of 971 (iii) The period during which the item must be withheld to avoid that damage; and (iv) How earlier disclosure would result in that damage. (h) Additional Required Information . The following addition al information is required to be submitted through the EPA database. NHTSA reserves the right to ask a manufacturer to provide additional information if necessary to verify the fuel consumption requirements of this regulation. (1) Small business exempt ions . Vehicles and engines produced b y small business manufacturers meeting the criteria in 13 CFR part 121.201 are exempted from the requirements of this regulation. Qualifying small business manufacturers must notify the EPA and NHTSA Administrators be fore importing or introducing into U.S. commerce exempted vehicles or engines. This notification must include a description of the manufacturer’s qualification as a small business under 13 CFR 121.201 and must be submitted to EPA. The agencies may review a manufacturer’s qualification as a small business manufacturer under 13 CFR 121.201. (2) Early Introduction. The provision applies to manufacturers seeking to comply earl y with the NHTSA’s fuel consumption program prior to model y ear 2014. The manufac turer must send the request to EPA before submitting its first application for a certificate of conformity . (3) NHTSA Voluntary Compliance Model Years. Manufacturers must submit a statement declaring whether the manufacturer chooses to comply voluntaril y with NHTSA’s fuel consumption standards for model years 2014 through 2015. The manufacturers must acknowledge that once selected, the decision cannot be reversed and the manufacturer will continue to comply

with the fuel consumption standards for subsequent model years. The manufacturer must send the statement to EPA before submitting its first application for a certificate of conformity . (4) Alternative engine standards. Manufacturers choosing to compl y with the alternative engine standards must no tify EPA and NHTSA of their choice and include in that notification a demonstration that it has exhausted all available credits and credit opportunities. The manufacturer must send the statement to EPA before submitting its EOY report. (5) Alternate ph ase - in. Manufacturers choosing to comply with the alternative engine phase - in must notify

EPA and NHTSA of their choice. The manufacturer must send the statement to EPA before submitting its first application for a certificate of conformity . (6) Off - road exclusion (tractors and vocational vehicles only) . (i) Vehicles intended to be used extensively

in off - road environments such as forests, oil fields, and construction sites may be exempted without request from the requirements of this regulation as s pecified in 49 CFR 523.2 and § 535.5(b). Within 90 day s after the end of each model ye ar, manufacturers must send EPA and NHTSA through the EPA database a report with the following information:***** E.O. 12866 Review**
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961 of 971 (A) A description of each excluded vehicle configuration, i ncluding an explanation of why it qualifies for this exclusion. (B) The number of vehicles excluded for each vehicle configuration. (ii) A manufacturer having an off - road vehicle failing to meet the criteria under the agencies’ off

- road exclusions will be allowed to submit a petition describing how and why their vehicles should qualify for exclusion. The process of petitioning for an exclusion is explained below. For each request, the manufacturer will be required to describe wh y it believes an exclus ion is warranted and address following factors which the agencies will consider in granting its petition: (A) The agencies will provide an exclusion based on off road capability of the vehicle or if the vehicle is fitted with speed restricted tires. A manufacturer should explain which exclusion does its vehicle qualify under; and (B) A manufactures should verify if there an y comparable tires that exist in the market to carry out the desired application both on and off road for the subject vehicle(s) of the petition which have LLR values that would enable compliance with the standard. (7) Vocational Tractor. Tractors intended to be used as vocational tractors may comply with vocational vehicle standards in Part 535.5(b) of this regulation. Manufacture rs classifying tractor as vocational tractors must provide a description of how they meet the qualifications in their applications for certificates of conformity as specified in 40 CFR part 1037.205. (8) Approval of alternate methods to determine drag c oefficients (tractors only). Manufacturers seeking to use alternative methods to determine aerodynamic drag coefficients must provide a request and gain approval by EPA. The manufacturer must send the request to EPA before submitting its first applicati on for a certificate of conformity . (9) Innovative Technology Credits . Manufacturers pursuing innovative technology credits must submit information to the agencies and may be subject to a public evaluation process in which the public would have opportunity for comment if not using a test procedure in accordance with 40 CFR part 1037.610(c). Whether the approach involves on - road testing, modeling, or some other analy tical approach, the manufacturer would be required to present a final methodology to EPA and NHTSA. EPA and NHTSA would approve the methodology and credits onl y if certain criteria were met. Baseline emissions and fuel consumption and control emissions and fuel consumption would need to be clearl y demonstrated over a wide range of re al world driving conditions and over a sufficient number of vehicles to address issues of uncertaint y with the data. Data would need to be on a vehicle model - specific basis unless a manufacturer demonstrated model specific data was not necessary . The age ncies may publish a notice of availability in the Federal Register notifying the public of a manufacturer’s proposed alternative off - cycle credit calculation methodology and provide opportunity

for comment. Any

notice will***** E.O. 12866 Review**
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962 of 971 include details regarding the me thodology , but not include any Confidential Business In formation. (10) If a manufacturer trades fuel consumption credits, it must send EPA a report within 90 day s after the transaction, as follows: (i) As the seller, the manufacturer must include the foll owing information in its report: (A) The corporate names of the bu yer and an y brokers. (B) A cop y of an y contracts related to the trade. (C) The fleet, vehicle or engine families that generated fuel consumption credits for the trade, including the number of fuel consumption credits from each family . (ii) As the bu yer, the manufacturer or entity must include the following information in its report: (A) The corporate names of the seller and an y brokers. (B) A cop y of an y contracts related to the trade. (C) H ow the manufacturer or entit y intends to use the fuel consumption credits, including the number of fuel consumption credits it intends to apply to each vehicle family

(if known). (i) Public Information . Based upon information submitted by manufacturers an d EPA, NHTSA will publish fuel consumption standards and performance results. (j) Information received from EPA . NHTSA will receive information from EPA as specified in 40 CFR part1036.755 and 40 CFR part 1037.755. **§535.9 Enforcement Approach.** (a) Co mpliance . (1) NHTSA will assess compliance with fuel consumption standards each ye ar, based upon EPA final verified data submitted to NHTSA for its heavy - dut y vehicle fuel efficiency

program established pursuant to 49 U.S.C. 32902(k). NHTSA may conduct v erification testing throughout a given model year in order to validate data received from manufacturers and will discuss any potential issues with EPA and the manufacturer. (2) Credit values in gallons are calculated based on the final CO 2 emissions and fuel consumption data submitted by manufacturers and verified/validated by EPA. (3) NHTSA will verify

a manufacturer’s credit balance in each averaging set for each given model ye ar. The average set balance is based upon the engines or vehicles perform ance above or below the applicable regulatory subcategory

standards in each***** E.O. 12866 Review**
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963 of 971 respective averaging set and an y credits that are traded into or out of an averaging set during the model ye ar. (i) If the balance is positive, the manufacturer is designated as having a credit surplus. (ii) If the balance is negative, the manufacturer is designated as having a credit deficit. (4) NHTSA will provide written notification to the manufacturer that has a negative balance for an y averaging set for each model year. The manufacturer will be required to confirm the negative balance and submit a plan indicating how it will allocate existing credits or earn, and/or acquire by trade credits, or else be liable for a civil penalty as determined in paragraph (b) of this sect ion. The manufacturer must submit a plan within 60 day s of receiving agency notification. (5) Credit shortfall within an averaging set may be carried forward onl y three ye ars, and if not offset b y earned or traded credits, the manufacturer may be liable for a civil penalty as described in paragraph (b) of this section. (6) Credit allocation plans received from a manufacturer will be reviewed and approved by NHTSA. NHTSA will approve a credit allocation plan unless it determines that the proposed cre dits are unavailable or that it is unlikely that the plan will result in the manufacturer earning sufficient credits to offset the subject credit shortfall. If a plan is approved, NHTSA will revise the respective manufacturer's credit account accordingl y by identifying which existing or traded credits are being used to address the credit shortfall, or b y identifying the manufacturer’s plan to earn future credits for addressing the respective credit shortfall. If a plan is rejected, NHTSA will notify the r espective manufacturer and request a revised plan. The manufacturer must submit a revised plan within 14 day s of receiving agency notification. The agency will provide a manufacturer one opportunity

to submit a revised credit allocation plan before it in itiates civil penalty proceedings. (7) For purposes of this regulation, NHTSA will treat the use of future credits for compliance, as through a credit allocation plan, as a deferral of civil penalties for non compliance with an applicable fuel consumption standard. (8) If NHTSA receives and approves a manufacturer's credit allocation plan to earn future credits within the following three model years in order to compl y with regulatory obligations, NHTSA will defer lev yi ng civil penalties for non - compliance until the date(s) when the manufacturer's approved plan indicates that credits will be earned or acquired to achieve compliance, and upon receiving confirmed CO 2 emissions and fuel consumption data from EPA. I f the manufacturer fails to acquire or earn s ufficient credits b y the plan dates, NHTSA will initiate civil penalty proceedings. (9) In the event that NHTSA fails to receive or is unable to approve a plan for a non compliant manufacturer due to insufficiency or untimeliness, NHTSA may initiate civil penalty proceedings.***** E.O. 12866 Review**
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964 of 971 (10) In the event that a manufacturer fails to report accurate fuel consumption data for vehicles or engines covered under this rule, noncompliance will be assumed until corrected b y submission of the required data, and NHTSA may init iate civil penalty proceedings. (b) Civil Penalties . (1) Generally . NHTSA may assess a civil penalt y for any violation of this part under 49 U.S.C. 32902(k). This section states the procedures for assessing civil penalties for violations of 49 CFR 535. 5. The provisions of 5 U.S.C. 554, 556, and 557 do not apply

to an y proceedings conducted pursuant to this section. (2) Initial Determination of Noncompliance . An action for civil penalties is commenced by the execution of a Notice of Violation. A de termination by NHTSA’s Office of Enforcement of noncompliance with applicable fuel consumption standards utilizing the certified and reported CO 2 emissions and fuel consumption data provided by the Environmental Protection Agency as described in this part, and after considering all the flexibilities available under § 535.7, underlies a Notice of Violation. If NHTSA Enforcement determines that a manufacturer’s averaging set of vehicles or engines fails to comply

with the applicable fuel consumption standard (s) by generating a credit shortfall, the chassis, vehicle or engine manufacturer, as relevant, shall be subject to a civil penalty . (3) Numbers of Violations and Maximum Civil Penalties. Any violation shall constitute a separate violation with respect to each vehicle or engine within the applicable regulatory averaging set. The maximum civil penalty is not more than $37,500.00 per vehicle or engine. The maximum civil penalty under this section for a related series of violations shall be determined b y mu ltiplying $37,500.00 times the vehicle or engine production volume for the model ye ar in question within the regulatory averaging set. NHTSA may adjust this civil penalty

amount to account for inflation. (4) Factors for determining penalty amount . In determining the amount of an y civil penalty proposed to be assessed or assessed under this section, NHTSA shall take into account the gravity

of the violation, the size of the violator’s business, the violator’s history of compliance with applicable fuel consumption standards, the actual fuel consumption performance related to the applicable standards, the estimated cost to comply with the regulation and applicable standards, the quantity of vehicles or engines not complying, and the effect of the penalt y on the violator’s ability to continue in business. The “estimated cost to comply with the regulation and applicable standards,” will be used to ensure that penalties for non - compliance will not be less than the cost of compliance. (5) NHTSA enforcement report of determination of non - compliance . (i) If NHTSA Enforcement determines that a violation has occurred, NHTSA Enforcement may prepare a report and send the report to the NHTSA Chief Counsel. (ii) The NHTSA Chief Counsel will review the report prepa red b y NHTSA Enforcement to determine if there is sufficient information to establish a likely violation.***** E.O. 12866 Review**
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965 of 971 (iii) If the Chief Counsel determines that a violation has likely occurred, the Chief Counsel may

issue a Notice of Violation to the party . (iv) If the Chief Counsel issues a Notice of Violation, he or she will prepare a case file with recommended actions. A record of an y prior violations by the same party

shall be forwarded with the case file. (6) Notice of violation . (i) The Notice of Violation will contain the following information: (A) The name and address of the part y; (B) The alleged violation(s) and the applicable fuel consumption standard(s) violated; (C) The amount of the proposed penalt y and basis for that amount; (D) The place to whi ch, and the manner in which, pay ment is to be made; (E) A statement that the party may decline the Notice of Violation and that if the Notice of Violation is declined within 30 day s of the date shown on the Notice of Violation, the party has the right to a hearing, if requested within 30 day s of the date shown on the Notice of Violation, prior to a final assessment of a penalt y b y a Hearing Officer; and (F) A statement that failure to either pay the proposed penalt y or to decline the Notice of Violation and request a hearing within 30 day s of the date shown on the Notice of Violation will result in a finding of violation b y default and that NHTSA will proceed with the civil penalty

in the amount proposed on the Notice of Violation without processing the vi olation under the hearing procedures set forth in this subpart. (ii) The Notice of Violation may be delivered to the part y b y: (A) Mailing to the part y (certified mail is not required); (B) Use of an overnight or express courier service; or (C) Facsimi le transmission or electronic mail (with or without attachments) to the party or an emplo yee of the party. (iii) At any

time after the Notice of Violation is issued, NHTSA and the party may agree to reach a compromise on the pay ment amount. (iv) Once a pe nalty

amount is paid in full, a finding of “resolved with pay ment” will be entered into the case file. (v) If the part y agrees to pay the proposed penalt y, but has not made pay ment within 30 day s of the date shown on the Notice of Violation, NHTSA will enter a finding of violation by

default in the matter and NHTSA will proceed with the civil penalty in the***** E.O. 12866 Review**
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966 of 971 amount proposed on the Notice of Violation without processing the violation under the hearing procedures set forth in this subpart. (vi) If within 30 day s of the date shown on the Notice of Violation a party fails to pay

the proposed penalt y on the Notice of Violation, and fails to request a hearing, then NHTSA will enter a finding of violation by default in the case file, and will assess the civil pena lty in the amount set forth on the Notice of Violation without processing the violation under the hearing procedures set forth in this subpart. (vii) NHTSA’s order assessing the civil penalty following a party ’s default is a final agency action. (7) Hear ing Officer . (i) If a party timel y requests a hearing after receiving a Notice of Violation, a Hearing Officer shall hear the case. (ii) The Hearing Officer will be appointed by the NHTSA Administrator, and is solely responsible for the case referred to him or her. The Hearing Officer shall have no other responsibility , direct or supervisory , for the investigation of cases referred for the assessment of civil penalties. The Hearing Officer shall have no duties related to the light - duty fuel econom y or m edium - and heav y - duty fuel efficiency

programs. (iii) The Hearing Officer decides each case on the basis of the information before him or her. (8) Initiation of action before the Hearing Officer . (i) After the Hearing Officer receives the case file from the Chief Counsel, the Hearing Officer notifies the part y in writing of: (A) The date, time, and location of the hearing and whether the hearing will be conducted telephonically or at the DOT Headquarters building in Washington, DC; (B) The right to be represented at all stages of the proceeding b y counsel as set forth in the paragraph (b)(9) of this section; (C) The right to a free copy of all written evidence in the case file. (ii) On the request of a party , or at the Hearing Officer’s direction, multiple proceedings may be consolidated if at any time it appears that such consolidation is necessary or desirable. (9) Counsel . A part y has the right to be represented at all stages of the proceeding b y counsel. A part y electing to be represented b y counsel must notify the Hearing Officer of this election in writing, after which point the Hearing Officer will direct all further communications to that counsel. A part y represented by counsel bears all of its own attorney s’ fees and costs. (10) Hearing location and costs . (i) Unless the party requests a hearing at which the party appears before the Hearing Officer in Washington, DC, the hearing may be held***** E.O. 12866 Review**
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967 of 971 telephonically . In Washington, DC, the hearing is held at the headquarters of the U.S. Department of Transportation. (ii) The Hearing Officer may transfer a case to another Hearing Officer at a part y’s request or at the Hearing Officer’s direction. (iii) A part y is responsible for all fees and costs (including attorneys’ fees and costs, and costs that may

be associated with travel or accommodations) associated with attending a hearing. (11) Hearing procedures . (i) There is no right to discovery in an y proceedings conducted pursuant to this subpart. (ii) The material in the case file pertinent to the issues to be determined b y the Hearing Officer is presented b y the Chief Counsel or his or her designee. (iii) The Chief Counsel may supplement the case file with information prior to the hearing. A cop y of such information will be provided to the p art y no later than 3 business day s before the hearing. (iv) At the close of the Chief Counsel’s presentation of evidence, the party has the right to examine respond to and rebut material in the case file and other information presented by the Chief Counse l. In the case of witness testimony , both parties have the right of cross - examination. (v) In receiving evidence, the Hearing Officer is not bound by strict rules of evidence. In evaluating the evidence presented, the Hearing Officer must give due consi deration to the reliability and relevance of each item of evidence. (vi) At the close of the party ’s presentation of evidence, the Hearing Officer may allow the introduction of rebuttal evidence that may be presented b y the Chief Counsel. (vii) The Hearing Officer may allow the party

to respond to any

rebuttal evidence submitted. (viii) After the evidence in the case has been presented, the Chief Counsel and the party may present arguments on the issues in the case. The part y ma y also request an opp ortunity

to submit a written statement for consideration by the Hearing Officer and for further review. If granted, the Hearing Officer shall allow a reasonable time for submission of the statement and shall specify the date by

which it must be received. If the statement is not received within the time prescribed, or within the limits of any extension of time granted by the Hearing Officer, it need not be considered by the Hearing Officer. (ix) A verbatim transcript of the hearing will not normally be prepared. A party

may , solely at its own expense, cause a verbatim transcript to be made. If a verbatim transcript is made, the part y shall submit two copies to the Hearing Officer not later than 15 day s after the hearing. The Hearing Officer shall include such transcript in the record.***** E.O. 12866 Review**
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968 of 971 (12) Determination of Violations and Assessment of Civil Penalties . (i) Not later than 30 day s following the close of the hearing, the Hearing Officer shall issue a written decision on the Notice of Violation, based on the hearing record. This may be extended by

the Hearing officer if the submissions by the Chief Counsel or the part y are voluminous. The decision shall address each alleged violation, and may do so collectivel y. For each alleged violation, the decision s hall find a violation or no violation and provide a basis for the finding. The decision shall set forth the basis for the Hearing Officer’s assessment of a civil penalty , or decision not to assess a civil penalty . In determining the amount of the civil p enalty , the gravit y of the violation, the size of the violator’s business, the violator’s history of compliance with applicable fuel consumption standards, the actual fuel consumption performance related to the applicable standard, the estimated cost to co mply with the regulation and applicable standard, the quantity of vehicles or engines not complying, and the effect of the penalt y on the violator’s ability to continue in business. The assessment of a civil penalty by the Hearing Officer shall be set forth in an accompan yi ng final order. The Hearing Officer’s written final order is a final agency action. (ii) If the Hearing Officer assesses civil penalties in excess of $1,000,000, the Hearing Officer’s decision shall contain a statement advising the par ty of the right to an administrative appeal to the Administrator within a specified period of time. The party is advised that failure to submit an appeal within the prescribed time will bar its consideration and that failure to appeal on the basis of a particular issue will constitute a waiver of that issue in its appeal before the Administrator. (iii) The filing of a timely and complete appeal to the Administrator of a Hearing Officer’s order assessing a civil penalty shall suspend the operation of the H earing Officer’s penalty , which shall no longer be a final agency action. (iv) There shall be no administrative appeals of civil penalties assessed b y a Hearing Officer of less than $1,000,000. (13) Appeals of civil penalties in excess of $1,000,000. ( i) A part y ma y appeal the Hearing Officer’s order assessing civil penalties over $1,000,000 to the Administrator within 21 day s of the date of the issuance of the Hearing Officer’s order. (ii) The Administrator will review the decision of the Hearing Offi cer de novo, and may affirm the decision of the hearing officer and assess a civil penalty , or (iii) The Administrator may : (A) Modify

a civil penalty ; (B) Rescind the Notice of Violation; or (C) Remand the case back to the Hearing Officer for new or a dditional proceedings. (iv) In the absence of a remand, the decision of the Administrator in an appeal is a final agency action.***** E.O. 12866 Review**
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969 of 971 (14) Collection of assessed or compromised civil penalties . (i) Pay ment of a civil penalty , whether assessed or compromised, shall be made by check, postal money

order, or electronic transfer of funds, as provided in instructions by the agency . A pay

ment of civil penalties shall not be considered a request for a hearing. (ii) The part y must remit pay ment of any

assessed civil penalty

to NHTSA within 30 day s after receipt of the Hearing Officer’s order assessing civil penalties, or, in the case of an appeal to the Administrator, within 30 day s after receipt of the Administrator’s decision on the appeal. (iii) The part y must re mit pay ment of any

compromised civil penalty to NHTSA on the date and under such terms and conditions as agreed to by the party and NHTSA. Failure to pay may result in NHTSA entering a finding of violation by default and assessing a civil penalty

in the amount proposed in the Notice of Violation without processing the violation under the hearing procedures set forth in this part. (c) Changes in corporate ownership and control . Manufacturers must inform NHTSA of corporate relationship changes to ensure th at credit accounts are identified correctl y and credits are assigned and allocated properl y. (1) In general, if two manufacturers merge in an y way , they must inform NHTSA how they plan to merge their credit accounts. NHTSA will subsequently assess corpor ate fuel consumption and compliance status of the merged fleet instead of the original separate fleets. (2) If a manufacturer divides or divests itself of a portion of its automobile manufacturing business, it must inform NHTSA how it plans to divide the manufacturer's credit holdings into two or more accounts. NHTSA will subsequently distribute holdings as directed b y the manufacturer, subject to provision for reasonabl y anticipated compliance obligations. (3) If a manufacturer is a successor to another manufacturer's business, it must inform NHTSA how it plans to allocate credits and resolve liabilities per 49 CFR part 534.***** E.O. 12866 Review**
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970 of 971 **Greenhouse Gas Emissions Standards and Fuel Efficiency Standards for Medium**   ** and Heavy** **- Duty Engines and Vehicles: Final Rules** 

Dated: _______________________

_____________________________________________________ Ray L aHood, Secretary , Department of Transportation***** E.O. 12866 Review**
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971 of 971 **Greenhouse Gas Emissions Standards and Fuel Efficiency Standards for Medium**   ** and Heavy** **- Duty Engines and Vehicl**  **es: Final Rules**

Dated: _______________________

_____________________________________________________ Lisa P. Jackson, Administrator, Environmental Protection Agency