25324 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 

1 ‘‘Light-duty vehicle,’’ ‘‘light-duty truck,’’ and 

‘‘medium-duty passenger vehicle’’ are defined in 40 

CFR 86.1803–01. Generally, the term ‘‘light-duty 

vehicle’’ means a passenger car, the term ‘‘light-duty 

truck’’ means a pick-up truck, sport-utility vehicle, 

or minivan of up to 8,500 lbs gross vehicle weight 

rating, and ‘‘medium-duty passenger vehicle’’ means 

a sport-utility vehicle or passenger van from 8,500 

to 10,000 lbs gross vehicle weight rating. Mediumduty passenger vehicles do not include pick-up 

trucks. 

2 ‘‘Passenger car’’ and ‘‘light truck’’ are defined in 

49 CFR part 523. 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 85, 86, and 600 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

49 CFR Parts 531, 533, 536, 537 and 

538 

[EPA–HQ–OAR–2009–0472; FRL–9134–6; 

NHTSA–2009–0059] 

RIN 2060–AP58; RIN 2127–AK50 

Light-Duty Vehicle Greenhouse Gas 

Emission Standards and Corporate 

Average Fuel Economy Standards; 

Final Rule 

AGENCY: Environmental Protection 

Agency (EPA) and National Highway 

Traffic Safety Administration (NHTSA). 

ACTION: Final rule. 

SUMMARY: EPA and NHTSA are issuing 

this joint Final Rule to establish a 

National Program consisting of new 

standards for light-duty vehicles that 

will reduce greenhouse gas emissions 

and improve fuel economy. This joint 

Final Rule is consistent with the 

National Fuel Efficiency Policy 

announced by President Obama on May 

19, 2009, responding to the country’s 

critical need to address global climate 

change and to reduce oil consumption. 

EPA is finalizing greenhouse gas 

emissions standards under the Clean Air 

Act, and NHTSA is finalizing Corporate 

Average Fuel Economy standards under 

the Energy Policy and Conservation Act, 

as amended. These standards apply to 

passenger cars, light-duty trucks, and 

medium-duty passenger vehicles, 

covering model years 2012 through 

2016, and represent a harmonized and 

consistent National Program. Under the 

National Program, automobile 

manufacturers will be able to build a 

single light-duty national fleet that 

satisfies all requirements under both 

programs while ensuring that 

consumers still have a full range of 

vehicle choices. NHTSA’s final rule also 

constitutes the agency’s Record of 

Decision for purposes of its National 

Environmental Policy Act (NEPA) 

analysis. 

DATES: This final rule is effective on July 

6, 2010, sixty days after date of 

publication in the Federal Register. The 

incorporation by reference of certain 

publications listed in this regulation is 

approved by the Director of the Federal 

Register as of July 6, 2010. 

ADDRESSES: EPA and NHTSA have 

established dockets for this action under 

Docket ID No. EPA–HQ–OAR–2009– 

0472 and NHTSA–2009–0059, 

respectively. All documents in the 

docket are listed on the http:// 

www.regulations.gov Web site. Although 

listed in the index, some information is 

not publicly available, e.g., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

is not placed on the Internet and will be 

publicly available only in hard copy 

form. Publicly available docket 

materials are available either 

electronically through http:// 

www.regulations.gov or in hard copy at 

the following locations: EPA: EPA 

Docket Center, EPA/DC, EPA West, 

Room 3334, 1301 Constitution Ave., 

NW., Washington, DC. The Public 

Reading Room is open from 8:30 a.m. to 

4:30 p.m., Monday through Friday, 

excluding legal holidays. The telephone 

number for the Public Reading Room is 

(202) 566–1744. NHTSA: Docket 

Management Facility, M–30, U.S. 

Department of Transportation, 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 holidays. 

FOR FURTHER INFORMATION CONTACT: 

EPA: Tad Wysor, Office of 

Transportation and Air Quality, 

Assessment and Standards Division, 

Environmental Protection Agency, 2000 

Traverwood Drive, Ann Arbor MI 

48105; telephone number: 734–214– 

4332; fax number: 734–214–4816; e-mail 

address: wysor.tad@epa.gov, or 

Assessment and Standards Division 

Hotline; telephone number (734) 214– 

4636; e-mail address asdinfo@epa.gov. 

NHTSA: Rebecca Yoon, Office of Chief 

Counsel, National Highway Traffic 

Safety Administration, 1200 New Jersey 

Avenue, SE., Washington, DC 20590. 

Telephone: (202) 366–2992. 

SUPPLEMENTARY INFORMATION: 

Does this action apply to me? 

This action affects companies that 

manufacture or sell new light-duty 

vehicles, light-duty trucks, and 

medium-duty passenger vehicles, as 

defined under EPA’s CAA regulations,1

and passenger automobiles (passenger 

cars) and non-passenger automobiles 

(light trucks) as defined under NHTSA’s 

CAFE regulations.2 Regulated categories 

and entities include: 

Category NAICS codes A Examples of potentially regulated entities 

Industry .............. 336111, 336112 ...................................... Motor vehicle manufacturers. 

Industry .............. 811112, 811198, 541514 ........................ Commercial Importers of Vehicles and Vehicle Components. 

ANorth American Industry Classification System (NAICS). 

This list is not intended to be 

exhaustive, but rather provides a guide 

regarding entities likely to be regulated 

by this action. To determine whether 

particular activities may be regulated by 

this action, you should carefully 

examine the regulations. You may direct 

questions regarding the applicability of 

this action to the person listed in FOR

FURTHER INFORMATION CONTACT. 

Table of Contents 

I. Overview of Joint EPA/NHTSA National 

Program 

A. Introduction 

1. Building Blocks of the National Program 

2. Public Participation 

B. Summary of the Joint Final Rule and 

Differences From the Proposal 

1. Joint Analytical Approach 

2. Level of the Standards 

3. Form of the Standards 

4. Program Flexibilities 

5. Coordinated Compliance 

C. Summary of Costs and Benefits of the 

National Program 

1. Summary of Costs and Benefits of 

NHTSA’s CAFE Standards 

2. Summary of Costs and Benefits of EPA’s 

GHG Standards 

D. Background and Comparison of NHTSA 

and EPA Statutory Authority 

II. Joint Technical Work Completed for This 

Final Rule 

mstockstill on DSKB9S0YB1PROD with RULES2

Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 25325 

A. Introduction 

B. Developing the Future Fleet for 

Assessing Costs, Benefits, and Effects 

1. Why did the agencies establish a 

baseline and reference vehicle fleet? 

2. How did the agencies develop the 

baseline vehicle fleet? 

3. How did the agencies develop the 

projected MY 2011–2016 vehicle fleet? 

4. How was the development of the 

baseline and reference fleets for this 

Final Rule different from NHTSA’s 

historical approach? 

5. How does manufacturer product plan 

data factor into the baseline used in this 

Final Rule? 

C. Development of Attribute-Based Curve 

Shapes 

D. Relative Car-Truck Stringency 

E. Joint Vehicle Technology Assumptions 

1. What technologies did the agencies 

consider? 

2. How did the agencies determine the 

costs and effectiveness of each of these 

technologies? 

F. Joint Economic Assumptions 

G. What are the estimated safety effects of 

the final MYs 2012–2016 CAFE and GHG 

standards? 

1. What did the agencies say in the NPRM 

with regard to potential safety effects? 

2. What public comments did the agencies 

receive on the safety analysis and 

discussions in the NPRM? 

3. How has NHTSA refined its analysis for 

purposes of estimating the potential 

safety effects of this Final Rule? 

4. What are the estimated safety effects of 

this Final Rule? 

5. How do the agencies plan to address this 

issue going forward? 

III. EPA Greenhouse Gas Vehicle Standards 

A. Executive Overview of EPA Rule 

1. Introduction 

2. Why is EPA establishing this Rule? 

3. What is EPA adopting? 

4. Basis for the GHG Standards Under 

Section 202(a) 

B. GHG Standards for Light-Duty Vehicles, 

Light-Duty Trucks, and Medium-Duty 

Passenger Vehicles 

1. What fleet-wide emissions levels 

correspond to the CO2 standards? 

2. What are the CO2 attribute-based 

standards? 

3. Overview of How EPA’s CO2 Standards 

Will Be Implemented for Individual 

Manufacturers 

4. Averaging, Banking, and Trading 

Provisions for CO2 Standards 

5. CO2 Temporary Lead-Time Allowance 

Alternative Standards 

6. Deferment of CO2 Standards for Small 

Volume Manufacturers With Annual 

Sales Less Than 5,000 Vehicles 

7. Nitrous Oxide and Methane Standards 

8. Small Entity Exemption 

C. Additional Credit Opportunities for CO2

Fleet Average Program 

1. Air Conditioning Related Credits 

2. Flexible Fuel and Alternative Fuel 

Vehicle Credits 

3. Advanced Technology Vehicle 

Incentives for Electric Vehicles, Plug-in 

Hybrids, and Fuel Cell Vehicles 

4. Off-Cycle Technology Credits 

5. Early Credit Options 

D. Feasibility of the Final CO2 Standards 

1. How did EPA develop a reference 

vehicle fleet for evaluating further CO2

reductions? 

2. What are the effectiveness and costs of 

CO2-reducing technologies? 

3. How can technologies be combined into 

‘‘packages’’ and what is the cost and 

effectiveness of packages? 

4. Manufacturer’s Application of 

Technology 

5. How is EPA projecting that a 

manufacturer decides between options to 

improve CO2 performance to meet a fleet 

average standard? 

6. Why are the final CO2 standards 

feasible? 

7. What other fleet-wide CO2 levels were 

considered? 

E. Certification, Compliance, and 

Enforcement 

1. Compliance Program Overview 

2. Compliance With Fleet-Average CO2

Standards 

3. Vehicle Certification 

4. Useful Life Compliance 

5. Credit Program Implementation 

6. Enforcement 

7. Prohibited Acts in the CAA 

8. Other Certification Issues 

9. Miscellaneous Revisions to Existing 

Regulations 

10. Warranty, Defect Reporting, and Other 

Emission-Related Components 

Provisions 

11. Light Duty Vehicles and Fuel Economy 

Labeling 

F. How will this Final Rule reduce GHG 

emissions and their associated effects? 

1. Impact on GHG Emissions 

2. Overview of Climate Change Impacts 

From GHG Emissions 

3. Changes in Global Climate Indicators 

Associated With the Rule’s GHG 

Emissions Reductions 

G. How will the standards impact nonGHG emissions and their associated 

effects? 

1. Upstream Impacts of Program 

2. Downstream Impacts of Program 

3. Health Effects of Non-GHG Pollutants 

4. Environmental Effects of Non-GHG 

Pollutants 

5. Air Quality Impacts of Non-GHG 

Pollutants 

H. What are the estimated cost, economic, 

and other impacts of the program? 

1. Conceptual Framework for Evaluating 

Consumer Impacts 

2. Costs Associated With the Vehicle 

Program 

3. Cost per Ton of Emissions Reduced 

4. Reduction in Fuel Consumption and Its 

Impacts 

5. Impacts on U.S. Vehicle Sales and 

Payback Period 

6. Benefits of Reducing GHG Emissions 

7. Non-Greenhouse Gas Health and 

Environmental Impacts 

8. Energy Security Impacts 

9. Other Impacts 

10. Summary of Costs and Benefits 

I. Statutory and Executive Order Reviews 

1. Executive Order 12866: Regulatory 

Planning and Review 

2. Paperwork Reduction Act 

3. Regulatory Flexibility Act 

4. Unfunded Mandates Reform Act 

5. Executive Order 13132 (Federalism) 

6. Executive Order 13175 (Consultation 

and Coordination With Indian Tribal 

Governments) 

7. Executive Order 13045: ‘‘Protection of 

Children From Environmental Health 

Risks and Safety Risks’’ 

8. Executive Order 13211 (Energy Effects) 

9. National Technology Transfer 

Advancement Act 

10. Executive Order 12898: Federal Actions 

To Address Environmental Justice in 

Minority Populations and Low-Income 

Populations 

J. Statutory Provisions and Legal Authority 

IV. NHTSA Final Rule and Record of 

Decision for Passenger Car and Light 

Truck CAFE Standards for MYs 2012– 

2016 

A. Executive Overview of NHTSA Final 

Rule 

1. Introduction 

2. Role of Fuel Economy Improvements in 

Promoting Energy Independence, Energy 

Security, and a Low Carbon Economy 

3. The National Program 

4. Review of CAFE Standard Setting 

Methodology per the President’s January 

26, 2009 Memorandum on CAFE 

Standards for MYs 2011 and Beyond 

5. Summary of the Final MY 2012–2016 

CAFE Standards 

B. Background 

1. Chronology of Events Since the National 

Academy of Sciences Called for 

Reforming and Increasing CAFE 

Standards 

2. Energy Policy and Conservation Act, as 

Amended by the Energy Independence 

and Security Act 

C. Development and Feasibility of the Final 

Standards 

1. How was the baseline and reference 

vehicle fleet developed? 

2. How were the technology inputs 

developed? 

3. How did NHTSA develop the economic 

assumptions? 

4. How does NHTSA use the assumptions 

in its modeling analysis? 

5. How did NHTSA develop the shape of 

the target curves for the final standards? 

D. Statutory Requirements 

1. EPCA, as Amended by EISA 

2. Administrative Procedure Act 

3. National Environmental Policy Act 

E. What are the final CAFE standards? 

1. Form of the Standards 

2. Passenger Car Standards for MYs 2012– 

2016 

3. Minimum Domestic Passenger Car 

Standards 

4. Light Truck Standards 

F. How do the final standards fulfill 

NHTSA’s statutory obligations? 

G. Impacts of the Final CAFE Standards 

1. How will these standards improve fuel 

economy and reduce GHG emissions for 

MY 2012–2016 vehicles? 

2. How will these standards improve fleetwide fuel economy and reduce GHG 

emissions beyond MY 2016? 

mstockstill on DSKB9S0YB1PROD with RULES2

25326 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 

3President Obama Announces National Fuel 

Efficiency Policy, The White House, May 19, 2009. 

Available at: http://www.whitehouse.gov/ 

the_press_office/President-Obama-AnnouncesNational-Fuel-Efficiency-Policy/. Remarks by the 

President on National Fuel Efficiency Standards, 

The White House, May 19, 2009. Available at: 

http://www.whitehouse.gov/the_press_office/ 

Remarks-by-the-President-on-national-fuelefficiency-standards/. 

4 74 FR 24007 (May 22, 2009). 

5Available at: http://www.whitehouse.gov/the_

press_office/Presidential_Memorandum_Fuel

_Economy/. 

6 ‘‘Technical Support Document for 

Endangerment and Cause or Contribute Findings for 

Greenhouse Gases Under Section 202(a) of the 

Clean Air Act’’ Docket: EPA–HQ–OAR–2009–0472– 

11292, http://epa.gov/climatechange/ 

endangerment.html. 

7U.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. 

8U.S. EPA. 2009 Technical Support Document for 

Endangerment and Cause or Contribute Findings for 

Greenhouse Gases under Section 202(a) of the Clean 

Air Act. Washington, DC. pp. 180–194. Available at 

http://epa.gov/climatechange/endangerment/

downloads/Endangerment%20TSD.pdf. 

9U.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. 

10U.S. Environmental Protection Agency. RIA, 

Chapter 2. 

3. How will these final standards impact 

non-GHG emissions and their associated 

effects? 

4. What are the estimated costs and 

benefits of these final standards? 

5. How would these standards impact 

vehicle sales? 

6. Potential Unquantified Consumer 

Welfare Impacts of the Final Standards 

7. What other impacts (quantitative and 

unquantifiable) will these final standards 

have? 

H. Vehicle Classification 

I. Compliance and Enforcement 

1. Overview 

2. How does NHTSA determine 

compliance? 

3. What compliance flexibilities are 

available under the CAFE program and 

how do manufacturers use them? 

4. Other CAFE Enforcement Issues— 

Variations in Footprint 

5. Other CAFE Enforcement Issues— 

Miscellaneous 

J. Other Near-Term Rulemakings Mandated 

by EISA 

1. Commercial Medium- and Heavy-Duty 

On-Highway Vehicles and Work Trucks 

2. Consumer Information on Fuel 

Efficiency and Emissions 

K. NHTSA’s Record of Decision 

L. Regulatory Notices and Analyses 

1. Executive Order 12866 and DOT 

Regulatory Policies and Procedures 

2. National Environmental Policy Act 

3. Clean Air Act (CAA) 

4. National Historic Preservation Act 

(NHPA) 

5. Executive Order 12898 (Environmental 

Justice) 

6. Fish and Wildlife Conservation Act 

(FWCA) 

7. Coastal Zone Management Act (CZMA) 

8. Endangered Species Act (ESA) 

9. Floodplain Management (Executive 

Order 11988 & DOT Order 5650.2) 

10. Preservation of the Nation’s Wetlands 

(Executive Order 11990 & DOT Order 

5660.1a) 

11. Migratory Bird Treaty Act (MBTA), 

Bald and Golden Eagle Protection Act 

(BGEPA), Executive Order 13186 

12. Department of Transportation Act 

(Section 4(f)) 

13. Regulatory Flexibility Act 

14. Executive Order 13132 (Federalism) 

15. Executive Order 12988 (Civil Justice 

Reform) 

16. Unfunded Mandates Reform Act 

17. Regulation Identifier Number 

18. Executive Order 13045 

19. National Technology Transfer and 

Advancement Act 

20. Executive Order 13211 

21. Department of Energy Review 

22. Privacy Act 

I. Overview of Joint EPA/NHTSA 

National Program 

A. Introduction 

The National Highway Traffic Safety 

Administration (NHTSA) and the 

Environmental Protection Agency (EPA) 

are each announcing final rules whose 

benefits will address the urgent and 

closely intertwined challenges of energy 

independence and security and global 

warming. These rules will implement a 

strong and coordinated Federal 

greenhouse gas (GHG) and fuel economy 

program for passenger cars, light-dutytrucks, and medium-duty passenger 

vehicles (hereafter light-duty vehicles), 

referred to as the National Program. The 

rules will achieve substantial reductions 

of GHG emissions and improvements in 

fuel economy from the light-duty 

vehicle part of the transportation sector, 

based on technology that is already 

being commercially applied in most 

cases and that can be incorporated at a 

reasonable cost. NHTSA’s final rule also 

constitutes the agency’s Record of 

Decision for purposes of its NEPA 

analysis. 

This joint rulemaking is consistent 

with the President’s announcement on 

May 19, 2009 of a National Fuel 

Efficiency Policy of establishing 

consistent, harmonized, and 

streamlined requirements that would 

reduce GHG emissions and improve fuel 

economy for all new cars and light-duty 

trucks sold in the United States.3 The 

National Program will deliver additional 

environmental and energy benefits, cost 

savings, and administrative efficiencies 

on a nationwide basis that would likely 

not be available under a less 

coordinated approach. The National 

Program also represents regulatory 

convergence by making it possible for 

the standards of two different Federal 

agencies and the standards of California 

and other states to act in a unified 

fashion in providing these benefits. The 

National Program will allow automakers 

to produce and sell a single fleet 

nationally, mitigating the additional 

costs that manufacturers would 

otherwise face in having to comply with 

multiple sets of Federal and State 

standards. This joint notice is also 

consistent with the Notice of Upcoming 

Joint Rulemaking issued by DOT and 

EPA on May 19, 2009 4 and responds to 

the President’s January 26, 2009 

memorandum on CAFE standards for 

model years 2011 and beyond,5 the 

details of which can be found in Section 

IV of this joint notice. 

Climate change is widely viewed as a 

significant long-term threat to the global 

environment. As summarized in the 

Technical Support Document for EPA’s 

Endangerment and Cause or Contribute 

Findings under Section 202(a) of the 

Clear Air Act, anthropogenic emissions 

of GHGs are very likely (90 to 99 percent 

probability) the cause of most of the 

observed global warming over the last 

50 years.6 The primary GHGs of concern 

are carbon dioxide (CO2), methane, 

nitrous oxide, hydrofluorocarbons, 

perfluorocarbons, and sulfur 

hexafluoride. 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 1990.7 Mobile sources addressed 

in the recent endangerment and 

contribution findings under CAA 

section 202(a)—light-duty vehicles, 

heavy-duty trucks, buses, and 

motorcycles—accounted for 23 percent 

of all U.S. GHG in 2007.8 Light-duty 

vehicles emit CO2, methane, nitrous 

oxide, and hydrofluorocarbons and are 

responsible for nearly 60 percent of all 

mobile source GHGs and over 70 

percent of Section 202(a) mobile source 

GHGs. For light-duty vehicles in 2007, 

CO2 emissions represent about 94 

percent of all greenhouse emissions 

(including HFCs), and the CO2

emissions measured over the EPA tests 

used for fuel economy compliance 

represent about 90 percent of total lightduty vehicle GHG emissions.9 10

Improving energy security by 

reducing our dependence on foreign oil 

has been a national objective since the 

first oil price shocks in the 1970s. Net 

petroleum imports now account for 

approximately 60 percent of U.S. 

mstockstill on DSKB9S0YB1PROD with RULES2

Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 25327 

11Panel on Policy Implications of Greenhouse 

Warming, National Academy of Sciences, National 

Academy of Engineering, Institute of Medicine, 

‘‘Policy Implications of Greenhouse Warming: 

Mitigation, Adaptation, and the Science Base,’’ 

National Academies Press, 1992. p. 287. 

12Although EPCA does not require the use of 

1975 test procedures for light trucks, those 

procedures are used for light truck CAFE standard 

testing purposes. 

13This is the method that EPA uses to determine 

compliance with NHTSA’s CAFE standards. 

14 549 U.S. 497 (2007). 

15 68 FR 52922 (Sept. 8, 2003). 

16 549 U.S. at 531–32. 

17For further information on Massachusetts v. 

EPA see the July 30, 2008 Advance Notice of 

Proposed Rulemaking, ‘‘Regulating Greenhouse Gas 

Emissions under the Clean Air Act’’, 73 FR 44354 

at 44397. There is a comprehensive discussion of 

the litigation’s history, the Supreme Court’s 

findings, and subsequent actions undertaken by the 

Bush Administration and the EPA from 2007–2008 

in response to the Supreme Court remand. Also see 

74 FR 18886, at 1888–90 (April 24, 2009). 

18 74 FR 32744 (July 8, 2009). 

petroleum consumption. World crude 

oil production is highly concentrated, 

exacerbating the risks of supply 

disruptions and price shocks. Tight 

global oil markets led to prices over 

$100 per barrel in 2008, with gasoline 

reaching as high as $4 per gallon in 

many parts of the U.S., causing financial 

hardship for many families. The export 

of U.S. assets for oil imports continues 

to be an important component of the 

historically unprecedented U.S. trade 

deficits. Transportation accounts for 

about two-thirds of U.S. petroleum 

consumption. Light-duty vehicles 

account for about 60 percent of 

transportation oil use, which means that 

they alone account for about 40 percent 

of all U.S. oil consumption. 

1. Building Blocks of the National 

Program 

The National Program is both needed 

and possible because the relationship 

between improving fuel economy and 

reducing CO2 tailpipe emissions is a 

very direct and close one. The amount 

of those CO2 emissions is essentially 

constant per gallon combusted of a 

given type of fuel. Thus, the more fuel 

efficient a vehicle is, the less fuel it 

burns to travel a given distance. The less 

fuel it burns, the less CO2 it emits in 

traveling that distance.11 While there are 

emission control technologies that 

reduce the pollutants (e.g., carbon 

monoxide) produced by imperfect 

combustion of fuel by capturing or 

converting them to other compounds, 

there is no such technology for CO2. 

Further, while some of those pollutants 

can also be reduced by achieving a more 

complete combustion of fuel, doing so 

only increases the tailpipe emissions of 

CO2. Thus, there is a single pool of 

technologies for addressing these twin 

problems, i.e., those that reduce fuel 

consumption and thereby reduce CO2

emissions as well. 

a. DOT’s CAFE Program 

In 1975, Congress enacted the Energy 

Policy and Conservation Act (EPCA), 

mandating that NHTSA establish and 

implement a regulatory program for 

motor vehicle fuel economy to meet the 

various facets of the need to conserve 

energy, including ones having energy 

independence and security, 

environmental and foreign policy 

implications. Fuel economy gains since 

1975, due both to the standards and 

market factors, have resulted in saving 

billions of barrels of oil and avoiding 

billions of metric tons of CO2 emissions. 

In December 2007, Congress enacted the 

Energy Independence and Securities Act 

(EISA), amending EPCA to require 

substantial, continuing increases in fuel 

economy standards. 

The CAFE standards address most, 

but not all, of the real world CO2

emissions because a provision in EPCA 

as originally enacted in 1975 requires 

the use of the 1975 passenger car test 

procedures under which vehicle air 

conditioners are not turned on during 

fuel economy testing.12 Fuel economy is 

determined by measuring the amount of 

CO2 and other carbon compounds 

emitted from the tailpipe, not by 

attempting to measure directly the 

amount of fuel consumed during a 

vehicle test, a difficult task to 

accomplish with precision. The carbon 

content of the test fuel 13 is then used to 

calculate the amount of fuel that had to 

be consumed per mile in order to 

produce that amount of CO2. Finally, 

that fuel consumption figure is 

converted into a miles-per-gallon figure. 

CAFE standards also do not address the 

5–8 percent of GHG emissions that are 

not CO2, i.e., nitrous oxide (N2O), and 

methane (CH4) as well as emissions of 

CO2 and hydrofluorocarbons (HFCs) 

related to operation of the air 

conditioning system. 

b. EPA’s GHG Standards for Light-duty 

Vehicles 

Under the Clean Air Act EPA is 

responsible for addressing air pollutants 

from motor vehicles. On April 2, 2007, 

the U.S. Supreme Court issued its 

opinion in Massachusetts v. EPA,14 a 

case involving EPA’s a 2003 denial of a 

petition for rulemaking to regulate GHG 

emissions from motor vehicles under 

section 202(a) of the Clean Air Act 

(CAA).15 The Court held that GHGs fit 

within the definition of air pollutant in 

the Clean Air Act and further held that 

the Administrator must determine 

whether or not emissions from new 

motor vehicles cause or contribute to air 

pollution which may reasonably be 

anticipated to endanger public health or 

welfare, or whether the science is too 

uncertain to make a reasoned decision. 

The Court further ruled that, in making 

these decisions, the EPA Administrator 

is required to follow the language of 

section 202(a) of the CAA. The Court 

rejected the argument that EPA cannot 

regulate CO2 from motor vehicles 

because to do so would de facto tighten 

fuel economy standards, authority over 

which has been assigned by Congress to 

DOT. The Court stated that ‘‘[b]ut that 

DOT sets mileage standards in no way 

licenses EPA to shirk its environmental 

responsibilities. EPA has been charged 

with protecting the public’s ‘health’ and 

‘welfare’, a statutory obligation wholly 

independent of DOT’s mandate to 

promote energy efficiency.’’ The Court 

concluded that ‘‘[t]he two obligations 

may overlap, but there is no reason to 

think the two agencies cannot both 

administer their obligations and yet 

avoid inconsistency.’’ 16 The case was 

remanded back to the Agency for 

reconsideration in light of the Court’s 

decision.17

On December 15, 2009, EPA 

published two findings (74 FR 66496): 

That emissions of GHGs from new 

motor vehicles and motor vehicle 

engines contribute to air pollution, and 

that the air pollution may reasonably be 

anticipated to endanger public health 

and welfare. 

c. California Air Resources Board 

Greenhouse Gas Program 

In 2004, the California Air Resources 

Board approved standards for new lightduty vehicles, which regulate the 

emission of not only CO2, but also other 

GHGs. Since then, thirteen states and 

the District of Columbia, comprising 

approximately 40 percent of the lightduty vehicle market, have adopted 

California’s standards. These standards 

apply to model years 2009 through 2016 

and require CO2 emissions for passenger 

cars and the smallest light trucks of 323 

g/mi in 2009 and 205 g/mi in 2016, and 

for the remaining light trucks of 439 g/ 

mi in 2009 and 332 g/mi in 2016. On 

June 30, 2009, EPA granted California’s 

request for a waiver of preemption 

under the CAA.18 The granting of the 

waiver permits California and the other 

states to proceed with implementing the 

California emission standards. 

In addition, to promote the National 

Program, in May 2009, California 

announced its commitment to take 

several actions in support of the 

National Program, including revising its 

mstockstill on DSKB9S0YB1PROD with RULES2

25328 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 

program for MYs 2009–2011 to facilitate 

compliance by the automakers, and 

revising its program for MYs 2012–2016 

such that compliance with the Federal 

GHG standards will be deemed to be 

compliance with California’s GHG 

standards. This will allow the single 

national fleet produced by automakers 

to meet the two Federal requirements 

and to meet California requirements as 

well. California is proceeding with a 

rulemaking intended to revise its 2004 

regulations to meet its commitments. 

Several automakers and their trade 

associations also announced their 

commitment to take several actions in 

support of the National Program, 

including not contesting the final GHG 

and CAFE standards for MYs 2012– 

2016, not contesting any grant of a 

waiver of preemption under the CAA for 

California’s GHG standards for certain 

model years, and to stay and then 

dismiss all pending litigation 

challenging California’s regulation of 

GHG emissions, including litigation 

concerning preemption under EPCA of 

California’s and other states’ GHG 

standards. 

2. Public Participation 

The agencies proposed their 

respective rules on September 28, 2009 

(74 FR 49454), and received a large 

number of comments representing many 

perspectives on the proposed rule. The 

agencies received oral testimony at three 

public hearings in different parts of the 

country, and received written comments 

from more than 130 organizations, 

including auto manufacturers and 

suppliers, States, environmental and 

other non-governmental organizations 

(NGOs), and over 129,000 comments 

from private citizens. 

The vast majority of commenters 

supported the central tenets of the 

proposed CAFE and GHG programs. 

That is, there was broad support from 

most organizations for a National 

Program that achieves a level of 250 

gram/mile fleet average CO2, which 

would be 35.5 miles per gallon if the 

automakers were to meet this CO2 level 

solely through fuel economy 

improvements. The standards will be 

phased in over model years 2012 

through 2016 which will allow 

manufacturers to build a common fleet 

of vehicles for the domestic market. In 

general, commenters from the 

automobile industry supported the 

proposed standards as well as the credit 

opportunities and other compliance 

provisions providing flexibility, while 

also making some recommendations for 

changes. Environmental and public 

interest non-governmental organizations 

(NGOs), as well as most States that 

commented, were also generally 

supportive of the National Program 

standards. Many of these organizations 

also expressed concern about the 

possible impact on program benefits, 

depending on how the credit provisions 

and flexibilities are designed. The 

agencies also received specific 

comments on many aspects of the 

proposal. 

Throughout this notice, the agencies 

discuss many of the key issues arising 

from the 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 rule. 

B. Summary of the Joint Final Rule and 

Differences From the Proposal 

In this joint rulemaking, EPA is 

establishing GHG emissions standards 

under the Clean Air Act (CAA), and 

NHTSA is establishing Corporate 

Average Fuel Economy (CAFE) 

standards under the Energy Policy and 

Conservation Action of 1975 (EPCA), as 

amended by the Energy Independence 

and Security Act of 2007 (EISA). The 

intention of this joint rulemaking is to 

set forth a carefully coordinated and 

harmonized approach to implementing 

these two statutes, in accordance with 

all substantive and procedural 

requirements imposed by law. 

NHTSA and EPA have coordinated 

closely and worked jointly in 

developing their respective final rules. 

This is reflected in many aspects of this 

joint rule. For example, the agencies 

have developed a comprehensive Joint 

Technical Support Document (TSD) that 

provides a solid technical underpinning 

for each agency’s modeling and analysis 

used to support their standards. Also, to 

the extent allowed by law, the agencies 

have harmonized many elements of 

program design, such as the form of the 

standard (the footprint-based attribute 

curves), and the definitions used for 

cars and trucks. They have developed 

the same or similar compliance 

flexibilities, to the extent allowed and 

appropriate under their respective 

statutes, such as averaging, banking, and 

trading of credits, and have harmonized 

the compliance testing and test 

protocols used for purposes of the fleet 

average standards each agency is 

finalizing. Finally, under their 

respective statutes, each agency is called 

upon to exercise its judgment and 

determine standards that are an 

appropriate balance of various relevant 

statutory factors. Given the common 

technical issues before each agency, the 

similarity of the factors each agency is 

to consider and balance, and the 

authority of each agency to take into 

consideration the standards of the other 

agency, both EPA and NHTSA are 

establishing standards that result in a 

harmonized National Program. 

This joint final rule covers passenger 

cars, light-duty trucks, and mediumduty passenger vehicles built in model 

years 2012 through 2016. These vehicle 

categories are responsible for almost 60 

percent of all U.S. transportation-related 

GHG emissions. EPA and NHTSA 

expect that automobile manufacturers 

will meet these standards by utilizing 

technologies that will reduce vehicle 

GHG emissions and improve fuel 

economy. Although many of these 

technologies are available today, the 

emissions reductions and fuel economy 

improvements finalized in this notice 

will involve more widespread use of 

these technologies across the light-duty 

vehicle fleet. These include 

improvements to engines, 

transmissions, and tires, increased use 

of start-stop technology, improvements 

in air conditioning systems, increased 

use of hybrid and other advanced 

technologies, and the initial 

commercialization of electric vehicles 

and plug-in hybrids. NHTSA’s and 

EPA’s assessments of likely vehicle 

technologies that manufacturers will 

employ to meet the standards are 

discussed in detail below and in the 

Joint TSD. 

The National Program is estimated to 

result in approximately 960 million 

metric tons of total carbon dioxide 

equivalent emissions reductions and 

approximately 1.8 billion barrels of oil 

savings over the lifetime of vehicles sold 

in model years (MYs) 2012 through 

2016. In total, the combined EPA and 

NHTSA 2012–2016 standards will 

reduce GHG emissions from the U.S. 

light-duty fleet by approximately 21 

percent by 2030 over the level that 

would occur in the absence of the 

National Program. These actions also 

will provide important energy security 

benefits, as light-duty vehicles are about 

95 percent dependent on oil-based fuels. 

The agencies project that the total 

benefits of the National Program will be 

more than $240 billion at a 3% discount 

rate, or more than $190 billion at a 7% 

discount rate. In the discussion that 

follows in Sections III and IV, each 

agency explains the related benefits for 

their individual standards. 

Together, EPA and NHTSA estimate 

that the average cost increase for a 

model year 2016 vehicle due to the 

National Program will be less than 

$1,000. The average U.S. consumer who 

purchases a vehicle outright is 

estimated to save enough in lower fuel 

costs over the first three years to offset 

mstockstill on DSKB9S0YB1PROD with RULES2

Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 25329 

these higher vehicle costs. However, 

most U.S. consumers purchase a new 

vehicle using credit rather than paying 

cash and the typical car loan today is a 

five year, 60 month loan. These 

consumers will see immediate savings 

due to their vehicle’s lower fuel 

consumption in the form of a net 

reduction in annual costs of $130–$180 

throughout the duration of the loan (that 

is, the fuel savings will outweigh the 

increase in loan payments by $130–$180 

per year). Whether a consumer takes out 

a loan or purchases a new vehicle 

outright, over the lifetime of a model 

year 2016 vehicle, the consumer’s net 

savings could be more than $3,000. The 

average 2016 MY vehicle will emit 16 

fewer metric tons of CO2-equivalent 

emissions (that is, CO2 emissions plus 

HFC air conditioning leakage emissions) 

during its lifetime. Assumptions that 

underlie these conclusions are 

discussed in greater detail in the 

agencies’ respective regulatory impact 

analyses and in Section III.H.5 and 

Section IV. 

This joint rule also results in 

important regulatory convergence and 

certainty to automobile companies. 

Absent this rule, there would be three 

separate Federal and State regimes 

independently regulating light-duty 

vehicles to reduce fuel consumption 

and GHG emissions: NHTSA’s CAFE 

standards, EPA’s GHG standards, and 

the GHG standards applicable in 

California and other States adopting the 

California standards. This joint rule will 

allow automakers to meet both the 

NHTSA and EPA requirements with a 

single national fleet, greatly simplifying 

the industry’s technology, investment 

and compliance strategies. In addition, 

to promote the National Program, 

California announced its commitment to 

take several actions, including revising 

its program for MYs 2012–2016 such 

that compliance with the Federal GHG 

standards will be deemed to be 

compliance with California’s GHG 

standards. This will allow the single 

national fleet used by automakers to 

meet the two Federal requirements and 

to meet California requirements as well. 

California is proceeding with a 

rulemaking intended to revise its 2004 

regulations to meet its commitments. 

EPA and NHTSA are confident that 

these GHG and CAFE standards will 

successfully harmonize both the Federal 

and State programs for MYs 2012–2016 

and will allow our country to achieve 

the increased benefits of a single, 

nationwide program to reduce lightduty vehicle GHG emissions and reduce 

the country’s dependence on fossil fuels 

by improving these vehicles’ fuel 

economy. 

A successful and sustainable 

automotive industry depends upon, 

among other things, continuous 

technology innovation in general, and 

low GHG emissions and high fuel 

economy vehicles in particular. In this 

respect, this action will help spark the 

investment in technology innovation 

necessary for automakers to successfully 

compete in both domestic and export 

markets, and thereby continue to 

support a strong economy. 

While this action covers MYs 2012– 

2016, many stakeholders encouraged 

EPA and NHTSA to also begin working 

toward standards for MY 2017 and 

beyond that would maintain a single 

nationwide program. The agencies 

recognize the importance of and are 

committed to a strong, coordinated 

national program for light-duty vehicles 

for model years beyond 2016. 

Key elements of the National Program 

finalized today are the level and form of 

the GHG and CAFE standards, the 

available compliance mechanisms, and 

general implementation elements. These 

elements are summarized in the 

following section, with more detailed 

discussions about EPA’s GHG program 

following in Section III, and about 

NHTSA’s CAFE program in Section IV. 

This joint final rule responds to the 

wide array of comments that the 

agencies received on the proposed rule. 

This section summarizes many of the 

major comments on the primary 

elements of the proposal and describes 

whether and how the final rule has 

changed, based on the comments and 

additional analyses. Major comments 

and the agencies’ responses to them are 

also discussed in more detail in later 

sections of this preamble. For a full 

summary of public comments and EPA’s 

and NHTSA’s responses to them, please 

see the Response to Comments 

document associated with this final 

rule. 

1. Joint Analytical Approach 

NHTSA and EPA have worked closely 

together on nearly every aspect of this 

joint final rule. The extent and results 

of this collaboration are reflected in the 

elements of the respective NHTSA and 

EPA rules, as well as the analytical work 

contained in the Joint Technical 

Support Document (Joint TSD). The 

Joint TSD, in particular, describes 

important details of the analytical work 

that are shared, as well as any 

differences in approach. These include 

the build up of the baseline and 

reference fleets, the derivation of the 

shape of the curves that define the 

standards, a detailed description of the 

costs and effectiveness of the technology 

choices that are available to vehicle 

manufacturers, a summary of the 

computer models used to estimate how 

technologies might be added to vehicles, 

and finally the economic inputs used to 

calculate the impacts and benefits of the 

rules, where practicable. 

EPA and NHTSA have jointly 

developed attribute curve shapes that 

each agency is using for its final 

standards. Further details of these 

functions can be found in Sections III 

and IV of this preamble as well as 

Chapter 2 of the Joint TSD. A critical 

technical underpinning of each agency’s 

analysis is the cost and effectiveness of 

the various control technologies. These 

are used to analyze the feasibility and 

cost of potential GHG and CAFE 

standards. A detailed description of all 

of the technology information 

considered can be found in Chapter 3 of 

the Joint TSD (and for A/C, Chapter 2 

of the EPA RIA). This detailed 

technology data forms the inputs to 

computer models that each agency uses 

to project how vehicle manufacturers 

may add those technologies in order to 

comply with the new standards. These 

are the OMEGA and Volpe models for 

EPA and NHTSA, respectively. The 

models and their inputs can also be 

found in the docket. Further description 

of the model and outputs can be found 

in Sections III and IV of this preamble, 

and Chapter 3 of the Joint TSD. This 

comprehensive joint analytical 

approach has provided a sound and 

consistent technical basis for each 

agency in developing its final standards, 

which are summarized in the sections 

below. 

The vast majority of public comments 

expressed strong support for the joint 

analytical work performed for the 

proposal. Commenters generally agreed 

with the analytical work and its results, 

and supported the transparency of the 

analysis and its underlying data. Where 

commenters raised specific points, the 

agencies have considered them and 

made changes where appropriate. The 

agencies’ further evaluation of various 

technical issues also led to a limited 

number of changes. A detailed 

discussion of these issues can be found 

in Section II of this preamble, and the 

Joint TSD. 

2. Level of the Standards 

In this notice, EPA and NHTSA are 

establishing two separate sets of 

standards, each under its respective 

statutory authorities. EPA is setting 

national CO2 emissions standards for 

light-duty vehicles under section 202(a) 

of the Clean Air Act. These standards 

will require these vehicles to meet an 

mstockstill on DSKB9S0YB1PROD with RULES2

25330 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 

19There is no such statutory limitation with 

respect to light trucks. 

20The agencies are using a common conversion 

factor between fuel economy in units of miles per 

gallon and CO2 emissions in units of grams per 

mile. This conversion factor is 8,887 grams CO2 per 

gallon gasoline fuel. Diesel fuel has a conversion 

factor of 10,180 grams CO2 per gallon diesel fuel 

though for the purposes of this calculation, we are 

assuming 100% gasoline fuel. 21See 49 CFR 523.2 for the exact definition of 

‘‘footprint.’’ 

22Because required CAFE levels depend on the 

mix of vehicles sold by manufacturers in a model 

year, NHTSA’s estimate of future required CAFE 

levels depends on its estimate of the mix of vehicles 

that will be sold in that model year. NHTSA 

currently estimates that the MY 2011 standards will 

require average fuel economy levels of 30.4 mpg for 

passenger cars, 24.4 mpg for light trucks, and 27.6 

mpg for the combined fleet. 

estimated combined average emissions 

level of 250 grams/mile of CO2 in model 

year 2016. NHTSA is setting CAFE 

standards for passenger cars and light 

trucks under 49 U.S.C. 32902. These 

standards will require manufacturers of 

those vehicles to meet an estimated 

combined average fuel economy level of 

34.1 mpg in model year 2016. The 

standards for both agencies begin with 

the 2012 model year, with standards 

increasing in stringency through model 

year 2016. They represent a harmonized 

approach that will allow industry to 

build a single national fleet that will 

satisfy both the GHG requirements 

under the CAA and CAFE requirements 

under EPCA/EISA. 

Given differences in their respective 

statutory authorities, however, the 

agencies’ standards include some 

important differences. Under the CO2

fleet average standards adopted under 

CAA section 202(a), EPA expects 

manufacturers to take advantage of the 

option to generate CO2-equivalent 

credits by reducing emissions of 

hydrofluorocarbons (HFCs) and CO2

through improvements in their air 

conditioner systems. EPA accounted for 

these reductions in developing its final 

CO2 standards. NHTSA did not do so 

because EPCA does not allow vehicle 

manufacturers to use air conditioning 

credits in complying with CAFE 

standards for passenger cars.19 CO2

emissions due to air conditioning 

operation are not measured by the test 

procedure mandated by statute for use 

in establishing and enforcing CAFE 

standards for passenger cars. As a result, 

improvement in the efficiency of 

passenger car air conditioners is not 

considered as a possible control 

technology for purposes of CAFE. 

These differences regarding the 

treatment of air conditioning 

improvements (related to CO2 and HFC 

reductions) affect the relative stringency 

of the EPA standard and NHTSA 

standard for MY 2016. The 250 grams 

per mile of CO2 equivalent emissions 

limit is equivalent to 35.5 mpg 20 if the 

automotive industry were to meet this 

CO2 level all through fuel economy 

improvements. As a consequence of the 

prohibition against NHTSA’s allowing 

credits for air conditioning 

improvements for purposes of passenger 

car CAFE compliance, NHTSA is setting 

fuel economy standards that are 

estimated to require a combined 

(passenger car and light truck) average 

fuel economy level of 34.1 mpg by MY 

2016. 

The vast majority of public comments 

expressed strong support for the 

National Program standards, including 

the stringency of the agencies’ 

respective standards and the phase-in 

from model year 2012 through 2016. 

There were a number of comments 

supporting standards more stringent 

than proposed, and a few others 

supporting less stringent standards, in 

particular for the 2012–2015 model 

years. The agencies’ consideration of 

comments and their updated technical 

analyses led to only very limited 

changes in the footprint curves and did 

not change the agencies’ projections that 

the nationwide fleet will achieve a level 

of 250 grams/mile by 2016 (equivalent 

to 35.5 mpg). The responses to these 

comments are discussed in more detail 

in Sections III and IV, respectively, and 

in the Response to Comments 

document. 

As proposed, NHTSA and EPA’s final 

standards, like the standards NHTSA 

promulgated in March 2009 for MY 

2011, are expressed as mathematical 

functions depending on vehicle 

footprint. Footprint is one measure of 

vehicle size, and is determined by 

multiplying the vehicle’s wheelbase by 

the vehicle’s average track width.21 The 

standards that must be met by each 

manufacturer’s fleet will be determined 

by computing the sales-weighted 

average (harmonic average for CAFE) of 

the targets applicable to each of the 

manufacturer’s passenger cars and light 

trucks. Under these footprint-based 

standards, the levels required of 

individual manufacturers will depend, 

as noted above, on the mix of vehicles 

sold. NHTSA’s and EPA’s respective 

standards are shown in the tables below. 

It is important to note that the standards 

are the attribute-based curves 

established by each agency. The values 

in the tables below reflect the agencies’ 

projection of the corresponding fleet 

levels that will result from these 

attribute-based curves. 

As a result of public comments and 

updated economic and future fleet 

projections, EPA and NHTSA have 

updated the attribute based curves for 

this final rule, as discussed in detail in 

Section II.B of this preamble and 

Chapter 2 of the Joint TSD. This update 

in turn affects costs, benefits, and other 

impacts of the final standards. Thus, the 

agencies have updated their overall 

projections of the impacts of the final 

rule standards, and these results are 

only slightly different from those 

presented in the proposed rule. 

As shown in Table I.B.2–1, NHTSA’s 

fleet-wide CAFE-required levels for 

passenger cars under the final standards 

are projected to increase from 33.3 to 

37.8 mpg between MY 2012 and MY 

2016. Similarly, fleet-wide CAFE levels 

for light trucks are projected to increase 

from 25.4 to 28.8 mpg. NHTSA has also 

estimated the average fleet-wide 

required levels for the combined car and 

truck fleets. As shown, the overall fleet 

average CAFE level is expected to be 

34.1 mpg in MY 2016. These numbers 

do not include the effects of other 

flexibilities and credits in the program. 

These standards represent a 4.3 percent 

average annual rate of increase relative 

to the MY 2011 standards.22

TABLE I.B.2–1—AVERAGE REQUIRED FUEL ECONOMY (mpg) UNDER FINAL CAFE STANDARDS

2011-base 2012 2013 2014 2015 2016 

Passenger Cars ....................................... 30.4 33.3 34.2 34.9 36.2 37.8 

Light Trucks ............................................. 24.4 25.4 26.0 26.6 27.5 28.8 

Combined Cars & Trucks ................. 27.6 29.7 30.5 31.3 32.6 34.1 

mstockstill on DSKB9S0YB1PROD with RULES2

Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 25331 

23The penalties are similar in function to 

essentially unlimited, fixed-price allowances. 

24NHTSA’s estimates account for availability of 

CAFE credits for the sale of flexible-fuel vehicles 

(FFVs), and for the potential that some 

manufacturers will pay civil penalties rather than 

comply with the CAFE standards. This yields 

NHTSA’s estimates of the real-world fuel economy 

that will likely be achieved under the final CAFE 

standards. NHTSA has not included any potential 

impact of car-truck credit transfer in its estimate of 

the achieved CAFE levels. 25 49 U.S.C. 32902(b)(4). 26 In the March 2009 final rule establishing MY 

2011 standards for passenger cars and light trucks, 

NHTSA estimated that the minimum required 

CAFE standard for domestically manufactured 

passenger cars would be 27.8 mpg under the MY 

2011 passenger car standard. 

27These levels do not include the effect of 

flexible fuel credits, transfer of credits between cars 

and trucks, temporary lead time allowance, or any 

other credits with the exception of air conditioning. 

Accounting for the expectation that 

some manufacturers could continue to 

pay civil penalties rather than achieving 

required CAFE levels, and the ability to 

use FFV credits,23 NHTSA estimates 

that the CAFE standards will lead to the 

following average achieved fuel 

economy levels, based on the 

projections of what each manufacturer’s 

fleet will comprise in each year of the 

program: 24

TABLE I.B.2–2—PROJECTED FLEET-WIDE ACHIEVED CAFE LEVELS UNDER THE FINAL FOOTPRINT-BASED CAFE 

STANDARDS (mpg) 

2012 2013 2014 2015 2016 

Passenger Cars ................................................................... 32.3 33.5 34.2 35.0 36.2 

Light Trucks ......................................................................... 24.5 25.1 25.9 26.7 27.5 

Combined Cars & Trucks ............................................. 28.7 29.7 30.6 31.5 32.7 

NHTSA is also required by EISA to set 

a minimum fuel economy standard for 

domestically manufactured passenger 

cars in addition to the attribute-based 

passenger car standard. The minimum 

standard ‘‘shall be the greater of (A) 27.5 

miles per gallon; or (B) 92 percent of the 

average fuel economy projected by the 

Secretary for the combined domestic 

and non-domestic passenger automobile 

fleets manufactured for sale in the 

United States by all manufacturers in 

the model year.* * * ’’ 25

Based on NHTSA’s current market 

forecast, the agency’s estimates of these 

minimum standards under the MY 

2012–2016 CAFE standards (and, for 

comparison, the final MY 2011 

standard) are summarized below in 

Table I.B.2–3.26 For eventual 

compliance calculations, the final 

calculated minimum standards will be 

updated to reflect the average fuel 

economy level required under the final 

standards. 

TABLE I.B.2–3—ESTIMATED MINIMUM STANDARD FOR DOMESTICALLY MANUFACTURED PASSENGER CARS UNDER MY 

2011 AND MY 2012–2016 CAFE STANDARDS FOR PASSENGER CARS (mpg) 

2011 2012 2013 2014 2015 2016 

27.8 30.7 31.4 32.1 33.3 34.7 

EPA is establishing GHG emissions 

standards, and Table I.B.2–4 provides 

EPA’s estimates of their projected 

overall fleet-wide CO2 equivalent 

emission levels.27 The g/mi values are 

CO2 equivalent values because they 

include the projected use of air 

conditioning (A/C) credits by 

manufacturers, which include both HFC 

and CO2 reductions. 

TABLE I.B.2–4—PROJECTED FLEET-WIDE EMISSIONS COMPLIANCE LEVELS UNDER THE FOOTPRINT-BASED CO2

STANDARDS (g/mi) 

2012 2013 2014 2015 2016 

Passenger Cars ................................................................... 263 256 247 236 225 

Light Trucks ......................................................................... 346 337 326 312 298 

Combined Cars & Trucks ............................................. 295 286 276 263 250 

As shown in Table I.B.2–4, fleet-wide 

CO2 emission level requirements for 

cars are projected to increase in 

stringency from 263 to 225 g/mi 

between MY 2012 and MY 2016. 

Similarly, fleet-wide CO2 equivalent 

emission level requirements for trucks 

are projected to increase in stringency 

from 346 to 298 g/mi. As shown, the 

overall fleet average CO2 level 

requirements are projected to increase 

in stringency from 295 g/mi in MY 2012 

to 250 g/mi in MY 2016. 

EPA anticipates that manufacturers 

will take advantage of program 

flexibilities such as flexible fueled 

vehicle credits and car/truck credit 

trading. Due to the credit trading 

between cars and trucks, the estimated 

improvements in CO2 emissions are 

distributed differently than shown in 

Table I.B.2–4, where full manufacturer 

compliance without credit trading is 

assumed. Table I.B.2–5 shows EPA’s 

projection of the achieved emission 

levels of the fleet for MY 2012 through 

2016, which does consider the impact of 

car/truck credit transfer and the increase 

in emissions due to certain program 

flexibilities including flex fueled 

vehicle credits and the temporary lead 

time allowance alternative standards. 

The use of optional air conditioning 

credits is considered both in this 

analysis of achieved levels and of the 

mstockstill on DSKB9S0YB1PROD with RULES2

25332 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 

28The close relationship between emissions of 

CO2—the most prevalent greenhouse gas emitted by 

motor vehicles—and fuel consumption, means that 

the technologies to control CO2 emissions and to 

improve fuel economy overlap to a great degree. 

compliance levels described above. As 

can be seen in Table I.B.2–5, the 

projected achieved levels are slightly 

higher for model years 2012–2015 due 

to EPA’s assumptions about 

manufacturers’ use of the regulatory 

flexibilities, but by model year 2016 the 

achieved level is projected to be 250 g/ 

mi for the fleet. 

TABLE I.B.2–5—PROJECTED FLEET-WIDE ACHIEVED EMISSION LEVELS UNDER THE FOOTPRINT-BASED CO2 STANDARDS

(g/mi) 

2012 2013 2014 2015 2016 

Passenger Cars ................................................................... 267 256 245 234 223 

Light Trucks ......................................................................... 365 353 340 324 303 

Combined Cars & Trucks ............................................. 305 293 280 266 250 

Several auto manufacturers stated that 

the increasingly stringent requirements 

for fuel economy and GHG emissions in 

the early years of the program should 

follow a more linear phase-in. The 

agencies’ consideration of comments 

and of their updated technical analyses 

did not lead to changes to the phase-in 

of the standards discussed above. This 

issue is discussed in more detail in 

Sections II.D, and in Sections III and IV. 

NHTSA’s and EPA’s technology 

assessment indicates there is a wide 

range of technologies available for 

manufacturers to consider in upgrading 

vehicles to reduce GHG emissions and 

improve fuel economy. Commenters 

were in general agreement with this 

assessment.28 As noted, these include 

improvements to the engines such as 

use of gasoline direct injection and 

downsized engines that use 

turbochargers to provide performance 

similar to that of larger engines, the use 

of advanced transmissions, increased 

use of start-stop technology, 

improvements in tire rolling resistance, 

reductions in vehicle weight, increased 

use of hybrid and other advanced 

technologies, and the initial 

commercialization of electric vehicles 

and plug-in hybrids. EPA is also 

projecting improvements in vehicle air 

conditioners including more efficient as 

well as low leak systems. All of these 

technologies are already available today, 

and EPA’s and NHTSA’s assessments 

are that manufacturers will be able to 

meet the standards through more 

widespread use of these technologies 

across the fleet. 

With respect to the practicability of 

the standards in terms of lead time, 

during MYs 2012–2016 manufacturers 

are expected to go through the normal 

automotive business cycle of 

redesigning and upgrading their lightduty vehicle products, and in some 

cases introducing entirely new vehicles 

not on the market today. This rule 

allows manufacturers the time needed 

to incorporate technology to achieve 

GHG reductions and improve fuel 

economy during the vehicle redesign 

process. This is an important aspect of 

the rule, 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. This time period also 

provides manufacturers the opportunity 

to plan for compliance using a multiyear time frame, again consistent with 

normal business practice. Over these 

five model years, there will be an 

opportunity for manufacturers to 

evaluate almost every one of their 

vehicle model platforms and add 

technology in a cost effective way to 

control GHG emissions and improve 

fuel economy. This includes redesign of 

the air conditioner systems in ways that 

will further reduce GHG emissions. 

Various commenters stated that the 

proposed phase-in of the standards 

should be introduced more aggressively, 

less aggressively, or in a more linear 

manner. However, our consideration of 

these comments about the phase-in, as 

well as our revised analyses, leads us to 

conclude that the general rate of 

introduction of the standards as 

proposed remains appropriate. This 

conclusion is also not affected by the 

slight difference from the proposal in 

the final footprint-based curves. These 

issues are addressed further in Sections 

III and IV. 

Both agencies considered other 

standards as part of the rulemaking 

analyses, both more and less stringent 

than those proposed. EPA’s and 

NHTSA’s analyses of alternative 

standards are contained in Sections III 

and IV of this preamble, respectively, as 

well as the agencies’ respective RIAs. 

The CAFE and GHG standards 

described above are based on 

determining emissions and fuel 

economy using the city and highway 

test procedures that are currently used 

in the CAFE program. Some 

environmental and other organizations 

commented that the test procedures 

should be improved to reflect more realworld driving conditions; auto 

manufacturers in general do not support 

such changes to the test procedures at 

this time. Both agencies recognize that 

these test procedures are not fully 

representative of real-world driving 

conditions. For example, EPA has 

adopted more representative test 

procedures that are used in determining 

compliance with emissions standards 

for pollutants other than GHGs. These 

test procedures are also used in EPA’s 

fuel economy labeling program. 

However, as discussed in Section III, the 

current information on effectiveness of 

the individual emissions control 

technologies is based on performance 

over the CAFE test procedures. For that 

reason, EPA is using the current CAFE 

test procedures for the CO2 standards 

and is not changing those test 

procedures in this rulemaking. NHTSA, 

as discussed above, is limited by statute 

in what test procedures can be used for 

purposes of passenger car testing, 

although there is no such statutory 

limitation with respect to test 

procedures for trucks. However, the 

same reasons for not changing the truck 

test procedures apply for CAFE as well. 

Both EPA and NHTSA are interested 

in developing programs that employ test 

procedures that are more representative 

of real-world driving conditions, to the 

extent authorized under their respective 

statutes. This is an important issue, and 

the agencies intend to continue to 

evaluate it in the context of a future 

rulemaking to address standards for 

model year 2017 and thereafter. This 

could include consideration of a range 

of test procedure changes to better 

represent real-world driving conditions 

in terms of speed, acceleration, 

deceleration, ambient temperatures, use 

of air conditioners, and the like. With 

respect to air conditioner operation, 

EPA discusses the public comments on 

these issues and the final procedures for 

determining emissions credits for 

controls on air conditioners in Section 

III. 

mstockstill on DSKB9S0YB1PROD with RULES2

Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 25333 

29 71 FR 17566 (Apr. 6, 2006). 

30 74 FR 14196 (Mar. 30, 2009). 

31Based on vehicles produced for sale in the 

United States. 

32The equations are equivalent but are specified 

differently due to differences in the agencies’ 

respective models. 

Finally, based on the information EPA 

developed in its recent rulemaking that 

updated its fuel economy labeling 

program to better reflect average realworld fuel economy, the calculation of 

fuel savings and CO2 emissions 

reductions that will be achieved by the 

CAFE and GHG standards includes 

adjustments to account for the 

difference between the fuel economy 

level measured in the CAFE test 

procedure and the fuel economy 

actually achieved on average under realworld driving conditions. These 

adjustments are industry averages for 

the vehicles’ performance as a whole, 

however, and are not a substitute for the 

information on effectiveness of 

individual control technologies that will 

be explored for purposes of a future 

GHG and CAFE rulemaking. 

3. Form of the Standards 

NHTSA and EPA proposed attributebased standards for passenger cars and 

light trucks. NHTSA adopted an 

attribute approach based on vehicle 

footprint in its Reformed CAFE program 

for light trucks for model years 2008– 

2011,29 and recently extended this 

approach to passenger cars in the CAFE 

rule for MY 2011 as required by EISA.30

The agencies also proposed using 

vehicle footprint as the attribute for the 

GHG and CAFE standards. Footprint is 

defined as a vehicle’s wheelbase 

multiplied by its track width—in other 

words, the area enclosed by the points 

at which the wheels meet the ground. 

Most commenters that expressed a view 

on this topic supported basing the 

standards on an attribute, and almost all 

of these supported the proposed choice 

of vehicle footprint as an appropriate 

attribute. The agencies continue to 

believe that the standards are best 

expressed in terms of an attribute, and 

that the footprint attribute is the most 

appropriate attribute on which to base 

the standards. These issues are further 

discussed later in this notice and in 

Chapter 2 of the Joint TSD. 

Under the footprint-based standards, 

each manufacturer will have a GHG and 

CAFE target unique to its fleet, 

depending on the footprints of the 

vehicle models produced by that 

manufacturer. A manufacturer will have 

separate footprint-based standards for 

cars and for trucks. Generally, larger 

vehicles (i.e., vehicles with larger 

footprints) will be subject to less 

stringent standards (i.e., higher CO2

grams/mile standards and lower CAFE 

standards) than smaller vehicles. This is 

because, generally speaking, smaller 

vehicles are more capable of achieving 

lower levels of CO2 and higher levels of 

fuel economy than larger vehicles. 

While a manufacturer’s fleet average 

standard could be estimated throughout 

the model year based on projected 

production volume of its vehicle fleet, 

the standard to which the manufacturer 

must comply will be based on its final 

model year production figures. A 

manufacturer’s calculation of fleet 

average emissions at the end of the 

model year will thus be based on the 

production-weighted average emissions 

of each model in its fleet. 

The final footprint-based standards 

are very similar in shape to those 

proposed. NHTSA and EPA include 

more discussion of the development of 

the final curves in Section II below, 

with a full discussion in the Joint TSD. 

In addition, a full discussion of the 

equations and coefficients that define 

the curves is included in Section III for 

the CO2 curves and Section IV for the 

mpg curves. The following figures 

illustrate the standards. First, Figure 

I.B.3–1 shows the fuel economy (mpg) 

car standard curve. 

Under an attribute-based standard, 

every vehicle model has a performance 

target (fuel economy for the CAFE 

standards, and CO2 g/mile for the GHG 

emissions standards), the level of which 

depends on the vehicle’s attribute (for 

this rule, footprint). The manufacturers’ 

fleet average performance is determined 

by the production-weighted 31 average 

(for CAFE, harmonic average) of those 

targets. NHTSA and EPA are setting 

CAFE and CO2 emissions standards 

defined by constrained linear functions 

and, equivalently, piecewise linear 

functions.32 As a possible option for 

future rulemakings, the constrained 

linear form was introduced by NHTSA 

in the 2007 NPRM proposing CAFE 

standards for MY 2011–2015. 

NHTSA is establishing the attribute 

curves below for assigning a fuel 

economy level to an individual vehicle’s 

footprint value, for model years 2012 

through 2016. These mpg values will be 

production weighted to determine each 

manufacturer’s fleet average standard 

for cars and trucks. Although the 

general model of the equation is the 

same for each vehicle category and each 

year, the parameters of the equation 

differ for cars and trucks. Each 

parameter also changes on an annual 

basis, resulting in the yearly increases in 

stringency. Figure I.B.3–1 below 

illustrates the passenger car CAFE 

standard curves for model years 2012 

through 2016 while Figure I.B.3–2 

below illustrates the light truck standard 

curves for model years 2012–2016. The 

MY 2011 final standards for cars and 

trucks, which are specified by a 

constrained logistic function rather than 

a constrained linear function, are shown 

for comparison. 

BILLING CODE 6560–50–P 

mstockstill on DSKB9S0YB1PROD with RULES2

25334 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 


mstockstill on DSKB9S0YB1PROD with RULES2ER07MY10.000</GPH>
Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 25335 


mstockstill on DSKB9S0YB1PROD with RULES2ER07MY10.001</GPH>
25336 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 

EPA is establishing the attribute 

curves below for assigning a CO2 level 

to an individual vehicle’s footprint 

value, for model years 2012 through 

2016. These CO2 values will be 

production weighted to determine each 

manufacturer’s fleet average standard 

for cars and trucks. As with the CAFE 

curves above, the general form of the 

equation is the same for each vehicle 

category and each year, but the 

parameters of the equation differ for cars 

and trucks. Again, each parameter also 

changes on an annual basis, resulting in 

the yearly increases in stringency. 

Figure I.B.3–3 below illustrates the CO2

car standard curves for model years 

2012 through 2016 while Figure I.B.3– 

4 shows the CO2 truck standard curves 

for model years 2012–2016. 


mstockstill on DSKB9S0YB1PROD with RULES2ER07MY10.002</GPH>
Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 25337 

BILLING CODE 6560–50–C 


mstockstill on DSKB9S0YB1PROD with RULES2ER07MY10.003</GPH>
25338 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 

33 49 CFR 523. 

NHTSA and EPA received a number 

of comments about the shape of the car 

and truck curves. We address these 

comments further in Section II.C below 

as well as in Sections III and IV. 

As proposed, NHTSA and EPA will 

use the same vehicle category 

definitions for determining which 

vehicles are subject to the car curve 

standards versus the truck curve 

standards. In other words, a vehicle 

classified as a car under the NHTSA 

CAFE program will also be classified as 

a car under the EPA GHG program, and 

likewise for trucks. Auto industry 

commenters generally agreed with this 

approach and believe it is an important 

aspect of harmonization across the two 

agencies’ programs. Some other 

commenters expressed concern about 

potential consequences, especially in 

how cars and trucks are distinguished. 

However, EPA and NHTSA are 

employing the same car and truck 

definitions for the MY 2012–2016 CAFE 

and GHG standards as those used in the 

CAFE program for the 2011 model year 

standards.33 This issue is further 

discussed for the EPA standards in 

Section III, and for the NHTSA 

standards in Section IV. This approach 

of using CAFE definitions allows EPA’s 

CO2 standards and the CAFE standards 

to be harmonized across all vehicles for 

this program. However, EPA is not 

changing the car/truck definition for the 

purposes of any other previous rules. 

Generally speaking, a smaller 

footprint vehicle will have higher fuel 

economy and lower CO2 emissions 

relative to a larger footprint vehicle 

when both have the same degree of fuel 

efficiency improvement technology. In 

this final rule, the standards apply to a 

manufacturers overall fleet, not an 

individual vehicle, thus a manufacturers 

fleet which is dominated by small 

footprint vehicles will have a higher 

fuel economy requirement (lower CO2

requirement) than a manufacturer 

whose fleet is dominated by large 

footprint vehicles. A footprint-based 

CO2 or CAFE standard can be relatively 

neutral with respect to vehicle size and 

consumer choice. All vehicles, whether 

smaller or larger, must make 

improvements to reduce CO2 emissions 

or improve fuel economy, and therefore 

all vehicles will be relatively more 

expensive. With the footprint-based 

standard approach, EPA and NHTSA 

believe there should be no significant 

effect on the relative distribution of 

different vehicle sizes in the fleet, 

which means that consumers will still 

be able to purchase the size of vehicle 

that meets their needs. While targets are 

manufacturer specific, rather than 

vehicle specific, Table I.B.3–1 illustrates 

the fact that different vehicle sizes will 

have varying CO2 emissions and fuel 

economy targets under the final 

standards. 

TABLE I.B.3—1 MODEL YEAR 2016 CO2 AND FUEL ECONOMY TARGETS FOR VARIOUS MY 2008 VEHICLE TYPES

Vehicle type Example models 

Example model 

footprint 

(sq. ft.) 

CO2 emissions 

target 

(g/mi) 

Fuel economy 

target 

(mpg) 

Example Passenger Cars 

Compact car ............................................. Honda Fit .................................................. 40 206 41.1 

Midsize car ................................................ Ford Fusion .............................................. 46 230 37.1

Fullsize car ................................................ Chrysler 300 ............................................. 53 263 32.6 

Example Light-duty Trucks 

Small SUV ................................................ 4WD Ford Escape .................................... 44 259 32.9 

Midsize crossover ..................................... Nissan Murano ......................................... 49 279 30.6 

Minivan ...................................................... Toyota Sienna .......................................... 55 303 28.2

Large pickup truck .................................... Chevy Silverado ....................................... 67 348 24.7 

4. Program Flexibilities 

EPA’s and NHTSA’s programs as 

established in this rule provide 

compliance flexibility to manufacturers, 

especially in the early years of the 

National Program. This flexibility is 

expected to provide sufficient lead time 

for manufacturers to make necessary 

technological improvements and reduce 

the overall cost of the program, without 

compromising overall environmental 

and fuel economy objectives. The broad 

goal of harmonizing the two agencies’ 

standards includes preserving 

manufacturers’ flexibilities in meeting 

the standards, to the extent appropriate 

and required by law. The following 

section provides an overview of this 

final rule’s flexibility provisions. Many 

auto manufacturers commented in 

support of these provisions as critical to 

meeting the standards in the lead time 

provided. Environmental groups, some 

States, and others raised concerns about 

the possibility for windfall credits and 

loss of program benefits. The provisions 

in the final rule are in most cases the 

same as those proposed. However 

consideration of the issues raised by 

commenters has led to modifications in 

certain provisions. These comments and 

the agencies’ response are discussed in 

Sections III and IV below and in the 

Response to Comments document. 

a. CO2/CAFE Credits Generated Based 

on Fleet Average Performance 

Under this NHTSA and EPA final 

rule, the fleet average standards that 

apply to a manufacturer’s car and truck 

fleets are based on the applicable 

footprint-based curves. At the end of 

each model year, when production of 

the model year is complete, a 

production-weighted fleet average will 

be calculated for each averaging set (cars 

and trucks). Under this approach, a 

manufacturer’s car and/or truck fleet 

that achieves a fleet average CO2/CAFE 

level better than the standard can 

generate credits. Conversely, if the fleet 

average CO2/CAFE level does not meet 

the standard, the fleet would incur 

debits (also referred to as a shortfall). 

Under the final program, a 

manufacturer whose fleet generates 

credits in a given model year would 

have several options for using those 

credits, including credit carry-back, 

credit carry-forward, credit transfers, 

and credit trading. These provisions 

exist in the MY 2011 CAFE program 

under EPCA and EISA, and similar 

provisions are part of EPA’s Tier 2 

program for light-duty vehicle criteria 

pollutant emissions, as well as many 

mstockstill on DSKB9S0YB1PROD with RULES2

Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 25339 

34 49 U.S.C. 32903(a)(2). 

35 49 U.S.C. 32903(g)(4). 

36 49 U.S.C. 32903(f)(2). 

37EPCA provides a statutory incentive for 

production of FFVs by specifying that their fuel 

economy is determined using a special calculation 

procedure that results in those vehicles being 

assigned a higher fuel economy level than would 

Continued 

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 year and was subsequently 

carried over to the current model year. 

EPCA also provides for this. EPCA 

restricts the carry-back of CAFE credits 

to three years, and as proposed EPA is 

establishing the same limitation, in 

keeping with the goal of harmonizing 

both sets of standards. 

After satisfying any need to offset preexisting deficits, remaining credits can 

be saved (banked) for use in future 

years. Under the CAFE program, EISA 

allows manufacturers to apply credits 

earned in a model year to compliance in 

any of the five subsequent model 

years.34 As proposed, under the GHG 

program, EPA is also allowing 

manufacturers to use these banked 

credits in the five years after the year in 

which they were generated (i.e., five 

years carry-forward). 

EISA required NHTSA to establish by 

regulation a CAFE credits transferring 

program, which NHTSA established in 

a March 2009 final rule codified at 49 

CFR Part 536, to allow a manufacturer 

to transfer credits between its vehicle 

fleets to achieve compliance with the 

standards. For example, credits earned 

by over-compliance with a 

manufacturer’s car fleet average 

standard could be used to offset debits 

incurred due to that manufacturer’s not 

meeting the truck fleet average standard 

in a given year. EPA’s Tier 2 program 

also provides for this type of credit 

transfer. As proposed for purposes of 

this rule, EPA allows unlimited credit 

transfers across a manufacturer’s cartruck fleet to meet the GHG standard. 

This is based on the expectation that 

this flexibility will facilitate 

manufacturers’ ability to comply with 

the GHG standards in the lead time 

provided, and will allow the required 

GHG emissions reductions to be 

achieved in the most cost effective way. 

Under the CAA, unlike under EISA, 

there is no statutory limitation on cartruck credit transfers. Therefore, EPA is 

not constraining car-truck credit 

transfers, as doing so would reduce the 

flexibility for lead time, and would 

increase costs with no corresponding 

environmental benefit. For the CAFE 

program, however, EISA limits the 

amount of credits that may be 

transferred, which has the effects of 

limiting the extent to which a 

manufacturer can rely upon credits in 

lieu of making fuel economy 

improvements to a particular portion of 

its vehicle fleet, but also of potentially 

increasing the costs of improving the 

manufacturer’s overall fleet. EISA also 

prohibits the use of transferred credits 

to meet the statutory minimum level for 

the domestic car fleet standard.35 These 

and other statutory limits will continue 

to apply to the determination of 

compliance with the CAFE standards. 

EISA also allowed NHTSA to 

establish by regulation a CAFE credit 

trading program, which NHTSA 

established in the March 2009 final rule 

at 40 CFR part 536, to allow credits to 

be traded (sold) to other vehicle 

manufacturers. As proposed, EPA 

allows credit trading in the GHG 

program. These sorts of exchanges are 

typically allowed under EPA’s current 

mobile source emission credit programs, 

although manufacturers have seldom 

made such exchanges. Under the 

NHTSA CAFE program, EPCA also 

allows these types of credit trades, 

although, as with transferred credits, 

traded credits may not be used to meet 

the minimum domestic car standards 

specified by statute.36 Comments 

discussing these provisions supported 

the proposed approach. These final 

provisions are the same as proposed. 

As further discussed in Section IV of 

this preamble, NHTSA sought to find a 

way to provide credits for improving the 

efficiency of light truck air conditioners 

(A/Cs) and solicited public comments to 

that end. The agency did so because the 

power necessary to operate an A/C 

compressor places a significant 

additional load on the engine, thus 

reducing fuel economy and increasing 

CO2 tailpipe emissions. See Section 

III.C.1 below. The agency would have 

made a similar effort regarding cars, but 

a 1975 statutory provision made it 

unfruitful even to explore the possibility 

of administratively proving such credits 

for cars. The agency did not identify a 

workable way of providing such credits 

for light trucks in the context of this 

rulemaking. 

b. Air Conditioning Credits Under the 

EPA Final Rule 

Air conditioning (A/C) systems 

contribute to GHG emissions in two 

ways. Hydrofluorocarbon (HFC) 

refrigerants, which are powerful GHGs, 

can leak from the A/C system (direct A/ 

C emissions). As just noted, operation of 

the A/C system also places an additional 

load on the engine, which results in 

additional CO2 tailpipe emissions 

(indirect A/C related emissions). EPA is 

allowing manufacturers to generate 

credits by reducing either or both types 

of GHG emissions related to A/C 

systems. Specifically, EPA is 

establishing a method to calculate CO2

equivalent reductions for the vehicle’s 

full useful life on a grams/mile basis 

that can be used as credits in meeting 

the fleet average CO2 standards. EPA’s 

analysis indicates that this approach 

provides manufacturers with a highly 

cost-effective way to achieve a portion 

of GHG emissions reductions under the 

EPA program. EPA is estimating that 

manufacturers will on average generate 

11 g/mi GHG credit toward meeting the 

250 g/mi by 2016 (though some 

companies may generate more). EPA 

will also allow manufacturers to earn 

early A/C credits starting in MY 2009 

through 2011, as discussed further in a 

later section. There were many 

comments on the proposed A/C 

provisions. Nearly every one of these 

was supportive of EPA including A/C 

control as part of this rule, though there 

was some disagreement on some of the 

details of the program. The HFC 

crediting scheme was widely supported. 

The comments mainly were 

concentrated on indirect A/C related 

credits. The auto manufacturers and 

suppliers had some technical comments 

on A/C technologies, and there were 

many concerns with the proposed idle 

test. EPA has made some minor 

adjustments in both of these areas that 

we believe are responsive to these 

concerns. EPA addresses A/C issues in 

greater detail in Section III of this 

preamble and in Chapter 2 of EPA’s 

RIA. 

c. Flexible-Fuel and Alternative Fuel 

Vehicle Credits 

EPCA authorizes a compliance 

flexibility incentive under the CAFE 

program for production of dual-fueled 

or flexible-fuel vehicles (FFV) and 

dedicated alternative fuel vehicles. 

FFVs are vehicles that can run both on 

an alternative fuel and conventional 

fuel. Most FFVs are E85 capable 

vehicles, which can run on either 

gasoline or a mixture of up to 85 percent 

ethanol and 15 percent gasoline (E85). 

Dedicated alternative fuel vehicles are 

vehicles that run exclusively on an 

alternative fuel. EPCA was amended by 

EISA to extend the period of availability 

of the FFV incentive, but to begin 

phasing it out by annually reducing the 

amount of FFV incentive that can be 

used toward compliance with the CAFE 

standards.37 Although NHTSA 

mstockstill on DSKB9S0YB1PROD with RULES2

25340 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 

otherwise occur. This is typically referred to as an 

FFV credit. 

38 Id. 

39EPCA does not permit such an allowance. 

Consequently, manufacturers who may be able to 

take advantage of a lead-time allowance under the 

GHG standards would be required to comply with 

the applicable CAFE standard or be subject to 

penalties for non-compliance. 

expressed concern about the non-use of 

alternative fuel by FFVs in a 2002 report 

to Congress (Effects of the Alternative 

Motor Fuels Act CAFE Incentives 

Policy), EISA does not premise the 

availability of the FFV credits on actual 

use of alternative fuel by an FFV 

vehicle. Under NHTSA’s CAFE 

program, pursuant to EISA, no FFV 

credits will be available for CAFE 

compliance after MY 2019.38 For 

dedicated alternative fuel vehicles, there 

are no limits or phase-out of the credits. 

As required by the statute, NHTSA will 

continue to allow the use of FFV credits 

for purposes of compliance with the 

CAFE standards until the end of the 

EISA phase-out period. 

For the GHG program, as proposed, 

EPA will allow FFV credits in line with 

EISA limits, but only during the period 

from MYs 2012 to 2015. After MY 2015, 

EPA will only allow FFV credits based 

on a manufacturer’s demonstration that 

the alternative fuel is actually being 

used in the vehicles and based on the 

vehicle’s actual performance. EPA 

discusses this in more detail in Section 

III.C of the preamble, including a 

summary of key comments. These 

provisions are being finalized as 

proposed, with further discussion in 

Section III.C of how manufacturers can 

demonstrate that the alternative fuel is 

being used. 

d. Temporary Lead-Time Allowance 

Alternative Standards Under the EPA 

Final Rule 

Manufacturers with limited product 

lines may be especially challenged in 

the early years of the National Program, 

and need additional lead time. 

Manufacturers with narrow product 

offerings may not be able to take full 

advantage of averaging or other program 

flexibilities due to the limited scope of 

the types of vehicles they sell. For 

example, some smaller volume 

manufacturer fleets consist entirely of 

vehicles with very high baseline CO2

emissions. Their vehicles are above the 

CO2 emissions target for that vehicle 

footprint, but do not have other types of 

vehicles in their production mix with 

which to average. Often, these 

manufacturers pay fines under the 

CAFE program rather than meet the 

applicable CAFE standard. EPA believes 

that these technological circumstances 

call for more lead time in the form of a 

more gradual phase-in of standards. 

EPA is finalizing a temporary leadtime allowance for manufacturers that 

sell vehicles in the U.S. in MY 2009 and 

for which U.S. vehicle sales in that 

model year are below 400,000 vehicles. 

This allowance will be available only 

during the MY 2012–2015 phase-in 

years of the program. A manufacturer 

that satisfies the threshold criteria will 

be able to treat a limited number of 

vehicles as a separate averaging fleet, 

which will be subject to a less stringent 

GHG standard.39 Specifically, a 

standard of 25 percent above the 

vehicle’s otherwise applicable foot-print 

target level will apply to up to 100,000 

vehicles total, spread over the four year 

period of MY 2012 through 2015. Thus, 

the number of vehicles to which the 

flexibility could apply is limited. EPA 

also is setting appropriate restrictions 

on credit use for these vehicles, as 

discussed further in Section III. By MY 

2016, these allowance vehicles must be 

averaged into the manufacturer’s full 

fleet (i.e., they will no longer be eligible 

for a different standard). EPA discusses 

this in more detail in Section III.B of the 

preamble. 

EPA received comments from several 

smaller manufacturers that the TLAAS 

program was insufficient to allow 

manufacturers with very limited 

product lines to comply. These 

manufacturers commented that they 

need additional lead time to meet the 

standards, because their CO2 baselines 

are significantly higher and their vehicle 

product lines are even more limited, 

reducing their ability to average across 

their fleets compared even to other 

TLAAS manufacturers. EPA fully 

summarizes the public comments on the 

TLAAS program, including comments 

not supporting the program, in Section 

III.B. In summary, in response to the 

lead time issues raised by 

manufacturers, EPA is modifying the 

TLAAS program that applies to 

manufacturers with between 5,000 and 

50,000 U.S. vehicle sales in MY 2009. 

EPA believes these provisions are 

necessary given that, compared with 

other TLAAS manufacturers, these 

manufacturers have even more limited 

product offerings across which to 

average and higher baseline CO2

emissions, and thus need additional 

lead-time to meet the standards. These 

manufacturers would have an increased 

allotment of vehicles, a total of 250,000, 

compared to 100,000 vehicles (for other 

TLAAS-eligible manufacturers). In 

addition, the TLAAS program for these 

manufacturers would be extended by 

one year, through MY 2016 for these 

vehicles, for a total of five years of 

eligibility. The other provisions of the 

TLAAS program would continue to 

apply, such as the restrictions on credit 

trading and the level of the standard. 

Additional restrictions would also apply 

to these vehicles, as discussed in 

Section III. In addition, for the smallest 

volume manufacturers, those with 

below 5,000 U.S. vehicle sales, EPA is 

not setting standards at this time but is 

instead deferring standards until a 

future rulemaking. This is essentially 

the same approach we are using for 

small businesses, which are exempted 

from this rule. The unique issues 

involved with these manufacturers will 

be addressed in that future rulemaking. 

Further discussion of the public 

comment on these issues and details on 

these changes from the proposed 

program are included in Section III. 

e. Additional Credit Opportunities 

Under the Clean Air Act (CAA) 

EPA is establishing additional 

opportunities for early credits in MYs 

2009–2011 through over-compliance 

with a baseline standard. The baseline 

standard is set to be equivalent, on a 

national level, to the California 

standards. Credits can be generated by 

over-compliance with this baseline in 

one of two ways—over-compliance by 

the fleet of vehicles sold in California 

and the CAA section 177 States (i.e., 

those States adopting the California 

program), or over-compliance with the 

fleet of vehicles sold in the 50 States. 

EPA is also providing for early credits 

based on over-compliance with CAFE, 

but only for vehicles sold in States 

outside of California and the CAA 

section 177 states. Under the early 

credit provisions, no early FFV credits 

would be allowed, except those 

achieved by over-compliance with the 

California program based on California’s 

provisions that manufacturers 

demonstrate actual use of the alternative 

fuel. EPA’s early credits provisions are 

designed to ensure that there would be 

no double counting of early credits. 

NHTSA notes, however, that credits for 

overcompliance with CAFE standards 

during MYs 2009–2011 will still be 

available for manufacturers to use 

toward compliance in future model 

years, just as before. 

EPA received comments from some 

environmental organizations and States 

expressing concern that these early 

credits were inappropriate windfall 

credits because they provided credits for 

actions that were not surplus, that is 

above what would otherwise be 

required for compliance with either 

State or Federal motor vehicle 

standards. This focused on the credits 

mstockstill on DSKB9S0YB1PROD with RULES2

Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 25341 

for over-compliance with the California 

standards generated during model years 

2009 and perhaps 2010, where 

according to commenters the CAFE 

requirements were in effect more 

stringent than the California standards. 

EPA believes that early credits provide 

a valuable incentive for manufacturers 

that have implemented fuel efficient 

technologies in excess of their CAFE 

compliance obligations prior to MY 

2012. With appropriate restrictions, 

these credits, reflecting over-compliance 

over a three model year time frame (MY 

2009–2011) and not just over one or two 

model years, will be surplus reductions 

and not otherwise required by law. 

Therefore, EPA is finalizing these 

provisions largely as proposed, but in 

response to comments, with an 

additional restriction on the trading of 

MY 2009 credits. The overall structure 

of this early credit program addresses 

concerns about the potential for 

windfall credits in the first one or two 

model years. This issue is fully 

discussed in Section III.C. 

EPA is providing an additional 

temporary incentive to encourage the 

commercialization of advanced GHG/ 

fuel economy control technologies— 

including electric vehicles (EVs), plugin hybrid electric vehicles (PHEVs), and 

fuel cell vehicles (FCVs)—for model 

years 2012–2016. EPA’s proposal 

included an emissions compliance 

value of zero grams/mile for EVs and 

FCVs, and the electric portion of PHEVs, 

and a multiplier in the range of 1.2 to 

2.0, so that each advanced technology 

vehicle would count as greater than one 

vehicle in a manufacturer’s fleetwide 

compliance calculation. EPA received 

many comments on the proposed 

incentives. Many State and 

environmental organization commenters 

believed that the combination of these 

incentives could undermine the GHG 

benefits of the rule, and believed the 

emissions compliance values should 

take into account the net upstream GHG 

emissions associated with electrified 

vehicles compared to vehicles powered 

by petroleum based fuel. Auto 

manufacturers generally supported the 

incentives, some believing the 

incentives to be a critical part of the 

National Program. Most auto makers 

supported both the zero grams/mile 

emissions compliance value and the 

higher multipliers. 

Upon considering the public 

comments on this issue, EPA is 

finalizing an advanced technology 

vehicle incentive program that includes 

a zero gram/mile emissions compliance 

value for EVs and FCVs, and the electric 

portion of PHEVs, for up to the first 

200,000 EV/PHEV/FCV vehicles 

produced by a given manufacturer 

during MY 2012–2016 (for a 

manufacturer that produces less than 

25,000 EVs, PHEVs, and FCVs in MY 

2012), or for up to the first 300,000 EV/ 

PHEV/FCV vehicles produced during 

MY 2012–2016 (for a manufacturer that 

produces 25,000 or more EVs, PHEVs, 

and FCVs in MY 2012). For any 

production greater than this amount, the 

compliance value for the vehicle will be 

greater than zero gram/mile, set at a 

level that reflects the vehicle’s net 

increase in upstream GHG emissions in 

comparison to the gasoline vehicle it 

replaces. In addition, EPA is not 

finalizing a multiplier. EPA will also 

allow this early advanced technology 

incentive program beginning in MYs 

2009–2011. The purpose of these 

provisions is to provide a temporary 

incentive to promote technologies 

which have the potential to produce 

very large GHG reductions in the future. 

The tailpipe GHG emissions from EVs, 

FCVs, and PHEVs operated on grid 

electricity are zero, and traditionally the 

emissions of the vehicle itself are all 

that EPA takes into account for purposes 

of compliance with standards set under 

section 202(a). This has not raised any 

issues for criteria pollutants, as 

upstream emissions associated with 

production and distribution of the fuel 

are addressed by comprehensive 

regulatory programs focused on the 

upstream sources of those emissions. At 

this time, however, there is no such 

comprehensive program addressing 

upstream emissions of GHGs, and the 

upstream GHG emissions associated 

with production and distribution of 

electricity are higher than the 

corresponding upstream GHG emissions 

of gasoline or other petroleum based 

fuels. In the future, vehicle fleet 

electrification combined with advances 

in low-carbon technology in the 

electricity sector have the potential to 

transform the transportation sector’s 

contribution to the country’s GHG 

emissions. EPA will reassess the issue of 

how to address EVs, PHEVs, and FCVs 

in rulemakings for model years 2017 

and beyond, based on the status of 

advanced vehicle technology 

commercialization, the status of 

upstream GHG control programs, and 

other relevant factors. Further 

discussion of the temporary advanced 

technology vehicle incentives, including 

more detail on the public comments and 

EPA’s response, is found in Section 

III.C. 

EPA is also providing an option for 

manufacturers to generate credits for 

employing new and innovative 

technologies that achieve GHG 

reductions that are not reflected on 

current test procedures, as proposed. 

Examples of such ‘‘off-cycle’’ 

technologies might include solar panels 

on hybrids, adaptive cruise control, and 

active aerodynamics, among other 

technologies. These three credit 

provisions are discussed in more detail 

in Section III. 

5. Coordinated Compliance 

Previous NHTSA and EPA regulations 

and statutory provisions establish ample 

examples on which to develop an 

effective compliance program that 

achieves the energy and environmental 

benefits from CAFE and motor vehicle 

GHG standards. NHTSA and EPA have 

developed a program that recognizes, 

and replicates as closely as possible, the 

compliance protocols associated with 

the existing CAA Tier 2 vehicle 

emission standards, and with CAFE 

standards. The certification, testing, 

reporting, and associated compliance 

activities closely track current practices 

and are thus familiar to manufacturers. 

EPA already oversees testing, collects 

and processes test data, and performs 

calculations to determine compliance 

with both CAFE and CAA standards. 

Under this coordinated approach, the 

compliance mechanisms for both 

programs are consistent and nonduplicative. EPA will also apply the 

CAA authorities applicable to its 

separate in-use requirements in this 

program. 

The compliance approach allows 

manufacturers to satisfy the new 

program requirements in the same 

general way they comply with existing 

applicable CAA and CAFE 

requirements. Manufacturers would 

demonstrate compliance on a fleetaverage basis at the end of each model 

year, allowing model-level testing to 

continue throughout the year as is the 

current practice for CAFE 

determinations. The compliance 

program design establishes a single set 

of manufacturer reporting requirements 

and relies on a single set of underlying 

data. This approach still allows each 

agency to assess compliance with its 

respective program under its respective 

statutory authority. 

NHTSA and EPA do not anticipate 

any significant noncompliance under 

the National Program. However, failure 

to meet the fleet average standards (after 

credit opportunities are exhausted) 

would ultimately result in the potential 

for penalties under both EPCA and the 

CAA. The CAA allows EPA 

considerable discretion in assessment of 

penalties. Penalties under the CAA are 

typically determined on a vehiclespecific basis by determining the 

mstockstill on DSKB9S0YB1PROD with RULES2

25342 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 

40NHTSA’s analysis estimates multi-year 

planning effects within a context in which each 

model year is represented explicitly, and 

technologies applied in one model year carry 

forward to future model years. NHTSA does not 

currently have a reasonable basis to estimate how 

a manufacturer might, for example, weigh the 

transfer of credits from the passenger car to the light 

truck fleet in MY 2013 against the potential to carry 

light truck technologies forward from MY 2013 

through MY 2016. 

number of a manufacturer’s highest 

emitting vehicles that caused the fleet 

average standard violation. This is the 

same mechanism used for EPA’s 

National Low Emission Vehicle and Tier 

2 corporate average standards, and to 

date there have been no instances of 

noncompliance. CAFE penalties are 

specified by EPCA and would be 

assessed for the entire noncomplying 

fleet at a rate of $5.50 times the number 

of vehicles in the fleet, times the 

number of tenths of mpg by which the 

fleet average falls below the standard. In 

the event of a compliance action arising 

out of the same facts and circumstances, 

EPA could consider CAFE penalties 

when determining appropriate remedies 

for the EPA case. 

Several stakeholders commented on 

the proposed coordinated compliance 

approach. The comments indicated 

broad support for the overall approach 

EPA proposed. In particular, both 

regulated industry and the public 

interest community appreciated the 

attempt to streamline compliance by 

adopting current practice where 

possible and by coordinating EPA and 

NHTSA compliance requirements. Thus 

the final compliance program design is 

largely unchanged from the proposal. 

Some commenters requested additional 

detail or clarification in certain areas 

and others suggested some relatively 

narrow technical changes, and EPA has 

responded to these suggestions. EPA 

and NHTSA summarize these comments 

and the agencies’ responses in Sections 

III and IV, respectively, below. The 

Response to Comments document 

associated with this document includes 

all of the comments and responses 

received during the comment period. 

C. Summary of Costs and Benefits of the 

National Program 

This section summarizes the projected 

costs and benefits of the CAFE and GHG 

emissions standards. These projections 

helped inform the agencies’ choices 

among the alternatives considered and 

provide further confirmation that the 

final standards are an appropriate 

choice within the spectrum of choices 

allowable under their respective 

statutory criteria. The costs and benefits 

projected by NHTSA to result from 

these CAFE standards are presented 

first, followed by those from EPA’s 

analysis of the GHG emissions 

standards. 

For several reasons, the estimates for 

costs and benefits presented by NHTSA 

and EPA, while consistent, are not 

directly comparable, and thus should 

not be expected to be identical. Most 

important, NHTSA and EPA’s standards 

would require slightly different fuel 

efficiency improvements. EPA’s GHG 

standard is more stringent in part due to 

its assumptions about manufacturers’ 

use of air conditioning credits, which 

result from reductions in air 

conditioning-related emissions of HFCs 

and CO2. NHTSA was unable to make 

assumptions about manufacturers’ 

improving the efficiency of air 

conditioners due to statutory 

limitations. In addition, the CAFE and 

GHG standards offer different program 

flexibilities, and the agencies’ analyses 

differ in their accounting for these 

flexibilities (for example, FFVs), 

primarily because NHTSA is statutorily 

prohibited from considering some 

flexibilities when establishing CAFE 

standards, while EPA is not. These 

differences contribute to differences in 

the agencies’ respective estimates of 

costs and benefits resulting from the 

new standards. 

NHTSA performed two analyses: a 

primary analysis that shows the 

estimates of costs, fuel savings, and 

related benefits that the agency 

considered for purposes of establishing 

new CAFE standards, and a 

supplemental analysis that reflects the 

agency’s best estimate of the potential 

real-world effects of the CAFE 

standards, including manufacturers’ 

potential use of FFV credits in 

accordance with the provisions of EISA 

concerning their availability. Because 

EPCA prohibits NHTSA from 

considering the ability of manufacturers 

to use of FFV credits to increase their 

fleet average fuel economy when 

establishing CAFE standards, the 

agency’s primary analysis does not 

include them. However, EPCA does not 

prohibit NHTSA from considering the 

fact that manufacturers may pay civil 

penalties rather than complying with 

CAFE standards, and NHTSA’s primary 

analysis accounts for some 

manufacturers’ tendency to do so. In 

addition, NHTSA’s supplemental 

analysis of the effect of FFV credits on 

benefits and costs from its CAFE 

standards, demonstrates the real-world 

impacts of FFVs, and the summary 

estimates presented in Section IV 

include these effects. Including the use 

of FFV credits reduces estimated pervehicle compliance costs of the 

program. However, as shown below, 

including FFV credits does not 

significantly change the projected fuel 

savings and CO2 reductions, because 

FFV credits reduce the fuel economy 

levels that manufacturers achieve not 

only under the standards, but also under 

the baseline MY 2011 CAFE standards. 

Also, EPCA, as amended by EISA, 

allows manufacturers to transfer credits 

between their passenger car and light 

truck fleets. However, EPCA also 

prohibits NHTSA from considering 

manufacturers’ ability to increase their 

average fuel economy through the use of 

CAFE credits when determining the 

stringency of the CAFE standards. 

Because of this prohibition, NHTSA’s 

primary analysis does not account for 

the extent to which credit transfers 

might actually occur. For purposes of its 

supplemental analysis, NHTSA 

considered accounting for the 

possibility that some manufacturers 

might utilize the opportunity under 

EPCA to transfer some CAFE credits 

between the passenger car and light 

truck fleets, but determined that in 

NHTSA’s year-by-year analysis, 

manufacturers’ credit transfers cannot 

be reasonably estimated at this time.40

EPA made explicit assumptions about 

manufacturers’ use of FFV credits under 

both the baseline and control 

alternatives, and its estimates of costs 

and benefits from the GHG standards 

reflect these assumptions. However, 

under the GHG standards, FFV credits 

would be available through MY 2015; 

starting in MY 2016, EPA will only 

allow FFV credits based on a 

manufacturer’s demonstration that the 

alternative fuel is actually being used in 

the vehicles and the actual GHG 

performance for the vehicle run on that 

alternative fuel. 

EPA’s analysis also assumes that 

manufacturers would transfer credits 

between their car and truck fleets in the 

MY 2011 baseline subject to the 

maximum value allowed by EPCA, and 

that unlimited car-truck credit transfers 

would occur under the GHG standards. 

Including these assumptions in EPA’s 

analysis increases the resulting 

estimates of fuel savings and reductions 

in GHG emissions, while reducing 

EPA’s estimates of program compliance 

costs. 

Finally, under the EPA GHG program, 

there is no ability for a manufacturer to 

intentionally pay fines in lieu of 

meeting the standard. Under EPCA, 

however, vehicle manufacturers are 

allowed to pay fines as an alternative to 

compliance with applicable CAFE 

standards. NHTSA’s analysis explicitly 

estimates the level of voluntary fine 

payment by individual manufacturers, 

which reduces NHTSA’s estimates of 

mstockstill on DSKB9S0YB1PROD with RULES2

Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 25343 

41These figures do not account for the 

compliance flexibilities that NHTSA is prohibited 

from considering when determining the level of 

new CAFE standards, because manufacturers’ 

decisions to use those flexibilities are voluntary. 42NHTSA also estimated the benefits associated 

with three more estimates of a one ton GHG 

reduction in 2010 ($5, $35, and $65), which will 

likewise grow thereafter. See Section II for a more 

detailed discussion of the social cost of carbon. 

both the costs and benefits of its CAFE 

standards. In contrast, the CAA does not 

allow for fine payment (civil penalties) 

in lieu of compliance with emission 

standards, and EPA’s analysis of 

benefits from its standard thus assumes 

full compliance. This assumption 

results in higher estimates of fuel 

savings, of reductions in GHG 

emissions, and of manufacturers’ 

compliance costs to sell fleets that 

comply with both NHTSA’s CAFE 

program and EPA’s GHG program. 

In summary, the projected costs and 

benefits presented by NHTSA and EPA 

are not directly comparable, because the 

GHG emission levels established by EPA 

include air conditioning-related 

improvements in equivalent fuel 

efficiency and HFC reductions, because 

of the assumptions incorporated in 

EPA’s analysis regarding car-truck credit 

transfers, and because of EPA’s 

projection of complete compliance with 

the GHG standards. It should also be 

expected that overall, EPA’s estimates of 

GHG reductions and fuel savings 

achieved by the GHG standards will be 

slightly higher than those projected by 

NHTSA only for the CAFE standards 

because of the reasons described above. 

For the same reasons, EPA’s estimates of 

manufacturers’ costs for complying with 

the passenger car and light trucks GHG 

standards are slightly higher than 

NHTSA’s estimates for complying with 

the CAFE standards. 

A number of stakeholders commented 

on NHTSA’s and EPA’s analytical 

assumptions in estimating costs and 

benefits of the program. These 

comments and any changes from the 

proposed values are summarized in 

Section II.F, and further in Sections III 

(for EPA) and IV (for NHTSA); the 

Response to Comments document 

presents the detailed responses to each 

of the comments. 

1. Summary of Costs and Benefits of 

NHTSA’s CAFE Standards 

NHTSA has analyzed in detail the 

costs and benefits of the final CAFE 

standards. Table I.C.1–1 presents the 

total costs, benefits, and net benefits for 

NHTSA’s final CAFE standards. The 

values in Table I.C.1–1 display the total 

costs for all MY 2012–2016 vehicles and 

the benefits and net benefits represent 

the impacts of the standards over the 

full lifetime of the vehicles projected to 

be sold during model years 2012–2016. 

It is important to note that there is 

significant overlap in costs and benefits 

for NHTSA’s CAFE program and EPA’s 

GHG program and therefore combined 

program costs and benefits, which 

together comprise the National Program, 

are not a sum of the two individual 

programs. 

TABLE I.C.1–1—NHTSA’S ESTIMATED

2012–2016 MODEL YEAR COSTS, 

BENEFITS, AND NET BENEFITS

UNDER THE CAFE STANDARDS BEFORE FFV CREDITS

[2007 dollars] 

3% Discount Rate: $billions 

Costs ....................................... 51.8 

Benefits ................................... 182.5 

Net Benefits ............................ 130.7 

7% Discount Rate: 

Costs ....................................... 51.8 

Benefits ................................... 146.3 

Net Benefits ............................ 94.5 

NHTSA estimates that these new 

CAFE standards will lead to fuel savings 

totaling 61 billion gallons throughout 

the useful lives of vehicles sold in MYs 

2012–2016. At a 3% discount rate, the 

present value of the economic benefits 

resulting from those fuel savings is $143 

billion. At a 7% discount rate, the 

present value of the economic benefits 

resulting from those fuel savings is $112 

billion.41

The agency further estimates that 

these new CAFE standards will lead to 

corresponding reductions in CO2

emissions totaling 655 million metric 

tons (mmt) during the useful lives of 

vehicles sold in MYs 2012–2016. The 

present value of the economic benefits 

from avoiding those emissions is $14.5 

billion, based on a global social cost of 

carbon value of approximately $21 per 

metric ton (in 2010, and growing 

thereafter).42 It is important to note that 

NHTSA’s CAFE standards and EPA’s 

GHG standards will both be in effect, 

and each will lead to increases in 

average fuel economy and CO2

emissions reductions. The two agencies’ 

standards together comprise the 

National Program, and this discussion of 

costs and benefits of NHTSA’s CAFE 

standards does not change the fact that 

both the CAFE and GHG standards, 

jointly, are the source of the benefits 

and costs of the National Program. 

TABLE I.C.1–2—NHTSA FUEL SAVED (BILLION GALLONS) AND CO2 EMISSIONS AVOIDED (mmt) UNDER CAFE 

STANDARDS (WITHOUT FFV CREDITS) 

2012 2013 2014 2015 2016 Total 

Fuel (b. gal.) ................................. 4 .2 8 .9 12 .5 16 .0 19 .5 61 .0 

CO2 (mmt) .................................... 44 94 134 172 210 655 

Considering manufacturers’ ability to 

earn credit toward compliance by 

selling FFVs, NHTSA estimates very 

little change in incremental fuel savings 

and avoided CO2 emissions, assuming 

FFV credits would be used toward both 

the baseline and final standards: 

TABLE I.C.1–3—NHTSA FUEL SAVED (BILLION GALLONS) AND CO2 EMISSIONS AVOIDED (MILLION METRIC TONS, MMT) 

UNDER CAFE STANDARDS (WITH FFV CREDITS) 

2012 2013 2014 2015 2016 Total 

Fuel (b. gal.) ............................................. 4.9 8.2 11.3 15.0 19.1 58.6 

mstockstill on DSKB9S0YB1PROD with RULES2

25344 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 

43CO2 benefits for purposes of these tables are 

calculated using the $21/ton SCC values. 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. 

TABLE I.C.1–3—NHTSA FUEL SAVED (BILLION GALLONS) AND CO2 EMISSIONS AVOIDED (MILLION METRIC TONS, MMT) 

UNDER CAFE STANDARDS (WITH FFV CREDITS)—Continued 

2012 2013 2014 2015 2016 Total 

CO2 (mmt) ................................................ 53 89 123 163 208 636 

NHTSA estimates that these fuel 

economy increases would produce other 

benefits both to drivers (e.g., reduced 

time spent refueling) and to the U.S. 

(e.g., reductions in the costs of 

petroleum imports beyond the direct 

savings from reduced oil purchases, as 

well as some disbenefits (e.g., increase 

traffic congestion) caused by drivers’ 

tendency to travel more when the cost 

of driving declines (as it does when fuel 

economy increases). NHTSA has 

estimated the total monetary value to 

society of these benefits and disbenefits, 

and estimates that the standards will 

produce significant net benefits to 

society. Using a 3% discount rate, 

NHTSA estimates that the present value 

of these benefits would total more than 

$180 billion over the useful lives of 

vehicles sold during MYs 2012–2016. 

More discussion regarding monetized 

benefits can be found in Section IV of 

this notice and in NHTSA’s Regulatory 

Impact Analysis. Note that the benefit 

calculation in Tables I.C.1–4 through 1– 

7 includes the benefits of reducing CO2

emissions,43 but not the benefits of 

reducing other GHG emissions. 

TABLE I.C.1–4—NHTSA DISCOUNTED BENEFITS ($BILLION) UNDER THE CAFE STANDARDS (BEFORE FFV CREDITS, 

USING 3 PERCENT DISCOUNT RATE) 

2012 2013 2014 2015 2016 Total 

Passenger Cars ....................................... 6.8 15.2 21.6 28.7 35.2 107.5 

Light Trucks ............................................. 5.1 10.7 15.5 19.4 24.3 75.0 

Combined .......................................... 11.9 25.8 37.1 48.0 59.5 182.5 

Using a 7% discount rate, NHTSA 

estimates that the present value of these 

benefits would total more than $145 

billion over the same time period. 

TABLE I.C.1–5—NHTSA DISCOUNTED BENEFITS ($BILLION) UNDER THE CAFE STANDARDS (BEFORE FFV CREDITS, 

USING 7 PERCENT DISCOUNT RATE) 

2012 2013 2014 2015 2016 Total 

Passenger Cars ....................................... 5.5 12.3 17.5 23.2 28.6 87.0 

Light Trucks ............................................. 4.0 8.4 12.2 15.3 19.2 59.2 

Combined .......................................... 9.5 20.7 29.7 38.5 47.8 146.2 

NHTSA estimates that FFV credits 

could reduce achieved benefits by about 

3.8%: 

TABLE I.C.1–6A—NHTSA DISCOUNTED BENEFITS ($BILLION) UNDER THE CAFE STANDARDS (WITH FFV CREDITS, USING

A 3 PERCENT DISCOUNT RATE) 

2012 2013 2014 2015 2016 Total 

Passenger Cars ....................................... 7.6 13.7 19.1 25.6 34.0 100.0 

Light Trucks ............................................. 6.4 10.4 14.6 19.8 24.4 75.6 

Combined .......................................... 14.0 24.1 33.7 45.4 58.4 175.6 

TABLE I.C.1–6B—NHTSA DISCOUNTED BENEFITS ($BILLION) UNDER THE CAFE STANDARDS (WITH FFV CREDITS, USING

A 7 PERCENT DISCOUNT RATE) 

2012 2013 2014 2015 2016 Total 

Passenger Cars ....................................... 6.1 11.1 15.5 20.7 27.6 80.9 

Light Trucks ............................................. 5.0 8.2 11.5 15.6 19.3 59.7 

mstockstill on DSKB9S0YB1PROD with RULES2

Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 25345 

TABLE I.C.1–6B—NHTSA DISCOUNTED BENEFITS ($BILLION) UNDER THE CAFE STANDARDS (WITH FFV CREDITS, USING

A 7 PERCENT DISCOUNT RATE)—Continued 

2012 2013 2014 2015 2016 Total 

Combined .......................................... 11.2 19.3 27.0 36.4 46.9 140.7 

NHTSA attributes most of these 

benefits—about $143 billion (at a 3% 

discount rate and excluding 

consideration of FFV credits), as noted 

above—to reductions in fuel 

consumption, valuing fuel (for societal 

purposes) at the future pre-tax prices 

projected in the Energy Information 

Administration’s (AEO’s) reference case 

forecast from the Annual Energy 

Outlook (AEO) 2010 Early Release. 

NHTSA’s Final Regulatory Impact 

Analysis (FRIA) accompanying this rule 

presents a detailed analysis of specific 

benefits of the rule. 

TABLE I.C.1–7—SUMMARY OF BENEFITS FUEL SAVINGS AND CO2 EMISSIONS REDUCTION DUE TO THE RULE (BEFORE

FFV CREDITS) 

Amount 

Monetized value (discounted) 

3% discount rate 7% discount rate 

Fuel savings ......................................... 61.0 billion gallons ............................... $143.0 billion ....................................... $112.0 billion. 

CO2 emissions reductions ................... 655 mmt .............................................. $14.5 billion ......................................... $14.5 billion. 

NHTSA estimates that the increases in 

technology application necessary to 

achieve the projected improvements in 

fuel economy will entail considerable 

monetary outlays. The agency estimates 

that incremental costs for achieving its 

standards—that is, outlays by vehicle 

manufacturers over and above those 

required to comply with the MY 2011 

CAFE standards—will total about $52 

billion (i.e., during MYs 2012–2016). 

TABLE I.C.1–8—NHTSA INCREMENTAL TECHNOLOGY OUTLAYS ($BILLION) UNDER THE CAFE STANDARDS (BEFORE FFV 

CREDITS) 

2012 2013 2014 2015 2016 Total 

Passenger Cars ....................................... 4.1 5.4 6.9 8.2 9.5 34.2 

Light Trucks ............................................. 1.8 2.5 3.7 4.3 5.4 17.6 

Combined .......................................... 5.9 7.9 10.5 12.5 14.9 51.7 

NHTSA estimates that use of FFV 

credits could significantly reduce these 

outlays: 

TABLE I.C.1–9—NHTSA INCREMENTAL TECHNOLOGY OUTLAYS ($BILLION) UNDER CAFE STANDARDS (WITH FFV 

CREDITS) 

2012 2013 2014 2015 2016 Total 

Passenger Cars ....................................... 2.6 3.6 4.8 6.1 7.5 24.6 

Light Trucks ............................................. 1.1 1.5 2.5 3.4 4.4 12.9 

Combined .......................................... 3.7 5.1 7.3 9.5 11.9 37.5 

The agency projects that 

manufacturers will recover most or all 

of these additional costs through higher 

selling prices for new cars and light 

trucks. To allow manufacturers to 

recover these increased outlays (and, to 

a much lesser extent, the civil penalties 

that some companies are expected to 

pay for noncompliance), the agency 

estimates that the standards would lead 

to increases in average new vehicle 

prices ranging from $457 per vehicle in 

MY 2012 to $985 per vehicle in MY 

2016: 

TABLE I.C.1–10—NHTSA INCREMENTAL INCREASES IN AVERAGE NEW VEHICLE COSTS ($) UNDER CAFE STANDARDS

(BEFORE FFV CREDITS) 

2012 2013 2014 2015 2016 

Passenger Cars ................................................................... 505 573 690 799 907 

Light Trucks ......................................................................... 322 416 621 752 961 

mstockstill on DSKB9S0YB1PROD with RULES2

25346 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 

TABLE I.C.1–10—NHTSA INCREMENTAL INCREASES IN AVERAGE NEW VEHICLE COSTS ($) UNDER CAFE STANDARDS

(BEFORE FFV CREDITS)—Continued 

2012 2013 2014 2015 2016 

Combined ...................................................................... 434 513 665 782 926 

NHTSA estimates that use of FFV 

credits could significantly reduce these 

costs, especially in earlier model years: 

TABLE I.C.1–11—NHTSA INCREMENTAL INCREASES IN AVERAGE NEW VEHICLE COSTS ($) UNDER CAFE STANDARDS

(WITH FFV CREDITS) 

2012 2013 2014 2015 2016 

Passenger Cars ................................................................... 303 378 481 593 713 

Light Trucks ......................................................................... 194 260 419 581 784 

Combined ...................................................................... 261 333 458 589 737 

NHTSA estimates, therefore, that the 

total benefits of these CAFE standards 

will be more than three times the 

magnitude of the corresponding costs. 

As a consequence, its standards would 

produce net benefits of $130.7 billion at 

a 3 percent discount rate (with FFV 

credits, $138.2 billion) or $94.5 billion 

at a 7 percent discount rate over the 

useful lives of vehicles sold during MYs 

2012–2016. 

2. Summary of Costs and Benefits of 

EPA’s GHG Standards 

EPA has analyzed in detail the costs 

and benefits of the final GHG standards. 

Table I.C.2–1 shows EPA’s estimated 

lifetime discounted cost, benefits and 

net benefits for all vehicles projected to 

be sold in model years 2012–2016. It is 

important to note that there is 

significant overlap in costs and benefits 

for NHTSA’s CAFE program and EPA’s 

GHG program and therefore combined 

program costs and benefits are not a 

sum of the individual programs. 

TABLE I.C.2–1—EPA’S ESTIMATED

2012–2016 MODEL YEAR LIFETIME

DISCOUNTED COSTS, BENEFITS, AND

NET BENEFITS ASSUMING THE $21/ 

TON SCC VALUE abcd

[2007 dollars] 

3% Discount rate $Billions 

Costs ....................................... 51 .5 

Benefits ................................... 240 

TABLE I.C.2–1—EPA’S ESTIMATED

2012–2016 MODEL YEAR LIFETIME

DISCOUNTED COSTS, BENEFITS, AND

NET BENEFITS ASSUMING THE $21/ 

TON SCC VALUE abcd—Continued 

[2007 dollars] 

3% Discount rate $Billions 

Net Benefits ............................ 189 

7% Discount rate 

Costs ....................................... 51 .5 

Benefits ................................... 192 

Net Benefits ............................ 140 

aAlthough EPA estimated the benefits associated with four different values of a one ton 

GHG reduction ($5, $21, $35, $65), for the 

purposes of this overview presentation of estimated costs and benefits EPA is showing the 

benefits associated with the marginal value 

deemed to be central by the interagency working group on this topic: $21 per ton of CO2e, 

in 2007 dollars and 2010 emissions. The $21/ 

ton value applies to 2010 CO2 emissions and 

grows over time. bAs noted in Section III.H, SCC increases 

over time. The $21/ton value applies to 2010 

CO2 emissions and grows larger over time. c 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 III.H for 

more detail. 

d Monetized GHG benefits exclude the value 

of reductions in non-CO2 GHG emissions 

(HFC, CH4 and N2O) expected under this final 

rule. Although EPA has not monetized the 

benefits of reductions in these non-CO2 emissions, the value of these reductions should not 

be interpreted as zero. Rather, the reductions 

in non-CO2 GHGs will contribute to this rule’s 

climate benefits, as explained in Section 

III.F.2. The SCC TSD notes the difference between the social cost of non-CO2 emissions 

and CO2 emissions, and specifies a goal to 

develop methods to value non-CO2 emissions 

in future analyses. 

Table I.C.2–2 shows EPA’s estimated 

lifetime fuel savings and CO2 equivalent 

emission reductions for all vehicles sold 

in the model years 2012–2016. The 

values in Table I.C.2–2 are projected 

lifetime totals for each model year and 

are not discounted. As documented in 

EPA’s Final RIA, the potential credit 

transfer between cars and trucks may 

change the distribution of the fuel 

savings and GHG emission impacts 

between cars and trucks. As discussed 

above with respect to NHTSA’s CAFE 

standards, it is important to note that 

NHTSA’s CAFE standards and EPA’s 

GHG standards will both be in effect, 

and each will lead to increases in 

average fuel economy and reductions in 

CO2 emissions. The two agencies’ 

standards together comprise the 

National Program, and this discussion of 

costs and benefits of EPA’s GHG 

standards does not change the fact that 

both the CAFE and GHG standards, 

jointly, are the source of the benefits 

and costs of the National Program. 

TABLE I.C.2–2—EPA’S ESTIMATED 2012–2016 MODEL YEAR LIFETIME FUEL SAVED AND GHG EMISSIONS AVOIDED

2012 2013 2014 2015 2016 Total 

Cars .................. Fuel (billion gallons) ...................................... 4 .0 5 .5 7 .3 10 .5 14 .3 41 .6 

Fuel (billion barrels) ...................................... 0 .10 0 .13 0 .17 0 .25 0 .34 0 .99 

CO2 EQ (mmt) .............................................. 49 .3 68 .5 92 .7 134 177 521 

mstockstill on DSKB9S0YB1PROD with RULES2

Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 25347 

TABLE I.C.2–2—EPA’S ESTIMATED 2012–2016 MODEL YEAR LIFETIME FUEL SAVED AND GHG EMISSIONS AVOIDED— 

Continued 

2012 2013 2014 2015 2016 Total 

Light Trucks ...... Fuel (billion gallons) ...................................... 3 .3 5 .0 6 .6 9 .0 12 .2 36 .1 

Fuel (billion barrels) ...................................... 0 .08 0 .12 0 .16 0 .21 0 .29 0 .86 

CO2 EQ (mmt) .............................................. 39 .6 61 .7 81 .6 111 147 441 

Combined .. Fuel (billion gallons) ...................................... 7 .3 10 .5 13 .9 19 .5 26 .5 77 .7 

Fuel (billion barrels) ...................................... 0 .17 0 .25 0 .33 0 .46 0 .63 1 .85 

CO2 EQ (mmt) .............................................. 88 .8 130 174 244 325 962 

Table I.C.2–3 shows EPA’s estimated 

lifetime discounted benefits for all 

vehicles sold in model years 2012–2016. 

Although EPA estimated the benefits 

associated with four different values of 

a one ton GHG reduction ($5, $21, $35, 

$65), for the purposes of this overview 

presentation of estimated benefits EPA 

is showing the benefits associated with 

one of these marginal values, $21 per 

ton of CO2, in 2007 dollars and 2010 

emissions. Table I.C.2–3 presents 

benefits based on the $21 value. Section 

III.H presents the four marginal values 

used to estimate monetized benefits of 

GHG reductions and Section III.H 

presents the program benefits using 

each of the four marginal values, which 

represent only a partial accounting of 

total benefits due to omitted climate 

change impacts and other factors that 

are not readily monetized. The values in 

the table are discounted values for each 

model year of vehicles throughout their 

projected lifetimes. The benefits include 

all benefits considered by EPA such as 

fuel savings, GHG reductions, PM 

benefits, energy security and other 

externalities such as reduced refueling 

and accidents, congestion and noise. 

The lifetime discounted benefits are 

shown for one of four different social 

cost of carbon (SCC) values considered 

by EPA. The values in Table I.C.2–3 do 

not include costs associated with new 

technology required to meet the GHG 

standard. 

TABLE I.C.2–3—EPA’S ESTIMATED 2012–2016 MODEL YEAR LIFETIME DISCOUNTED BENEFITS ASSUMING THE $21/TON

SCC VALUE abc

[Billions of 2007 dollars] 

Discount rate 

Model year 

2012 2013 2014 2015 2016 Total 

3% ............................................................ $21.8 $32.0 $42.8 $60.8 $83.3 $240 

7% ............................................................ 17.4 25.7 34.2 48.6 66.4 192 

a The benefits include all benefits considered by EPA such as the economic value of reduced fuel consumption and accompanying savings in 

refueling time, climate-related economic benefits from reducing emissions of CO2 (but not other GHGs), economic benefits from reducing emissions of PM and other air pollutants that contribute to its formation, and reductions in energy security externalities caused by U.S. petroleum consumption and imports. The analysis also includes disbenefits stemming from additional vehicle use, such as the economic damages caused by 

accidents, congestion and noise. 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 III.H for more detail. c Monetized GHG benefits exclude the value of reductions in non-CO2 GHG emissions (HFC, CH4 and N2O) expected under this final rule. Although EPA has not monetized the benefits of reductions in these non-CO2 emissions, the value of these reductions should not be interpreted as 

zero. Rather, the reductions in non-CO2 GHGs will contribute to this rule’s climate benefits, as explained in Section III.F.2. The SCC TSD notes 

the difference between the social cost of non-CO2 emissions and CO2 emissions, and specifies a goal to develop methods to value non-CO2

emissions in future analyses. Also, as noted in Section III.H, SCC increases over time. The $21/ton value applies to 2010 emissions and grows 

larger over time. 

Table I.C.2–4 shows EPA’s estimated 

lifetime fuel savings, lifetime CO2

emission reductions, and the monetized 

net present values of those fuel savings 

and CO2 emission reductions. The 

gallons of fuel and CO2 emission 

reductions are projected lifetime values 

for all vehicles sold in the model years 

2012–2016. The estimated fuel savings 

in billions of barrels and the GHG 

reductions in million metric tons of CO2

shown in Table I.C.2–4 are totals for the 

five model years throughout their 

projected lifetime and are not 

discounted. The monetized values 

shown in Table I.C.2–4 are the summed 

values of the discounted monetized-fuel 

savings and monetized-CO2 reductions 

for the five model years 2012–2016 

throughout their lifetimes. The 

monetized values in Table I.C.2–4 

reflect both a 3 percent and a 7 percent 

discount rate as noted. 

TABLE I.C.2–4—EPA’S ESTIMATED 2012–2016 MODEL YEAR LIFETIME FUEL SAVINGS, CO2 EMISSION REDUCTIONS, AND

DISCOUNTED MONETIZED BENEFITS AT A 3% DISCOUNT RATE

[Monetized values in 2007 dollars] 

Amount $ value 

(billions) 

Fuel savings ...................................................................................................... 1.8 billion barrels ................................. $182, 3% discount rate. 

$142, 7% discount rate. 

mstockstill on DSKB9S0YB1PROD with RULES2

25348 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 

TABLE I.C.2–4—EPA’S ESTIMATED 2012–2016 MODEL YEAR LIFETIME FUEL SAVINGS, CO2 EMISSION REDUCTIONS, AND

DISCOUNTED MONETIZED BENEFITS AT A 3% DISCOUNT RATE—Continued 

[Monetized values in 2007 dollars] 

Amount $ value 

(billions) 

CO2e emission reductions (CO2 portion valued assuming $21/ton CO2 in 

2010).

962 MMT CO2e ................................... $17 a b. 

a $17 billion for 858 MMT of reduced CO2 emissions. As noted in Section III.H, the $21/ton value applies to 2010 emissions and grows larger 

over time. Monetized GHG benefits exclude the value of reductions in non-CO2 GHG emissions (HFC, CH4 and N2O) expected under this final 

rule. Although EPA has not monetized the benefits of reductions in these non-CO2 emissions, the value of these reductions should not be interpreted as zero. Rather, the reductions in non-CO2 GHGs will contribute to this rule’s climate benefits, as explained in Section III.F.2. The SCC 

TSD notes the difference between the social cost of non-CO2 emissions and CO2 emissions, and specifies a goal to develop methods to value 

non-CO2 emissions in future analyses. b Note that net present value of reduced CO2 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 III.H for more detail. 

Table I.C.2–5 shows EPA’s estimated 

incremental and total technology 

outlays for cars and trucks for each of 

the model years 2012–2016. The 

technology outlays shown in Table 

I.C.2–5 are for the industry as a whole 

and do not account for fuel savings 

associated with the program. 

TABLE I.C.2–5—EPA’S ESTIMATED INCREMENTAL TECHNOLOGY OUTLAYS

[Billions of 2007 dollars] 

2012 2013 2014 2015 2016 Total 

Cars .......................................................... $3.1 $5.0 $6.5 $8.0 $9.4 $31.9 

Trucks ...................................................... 1.8 3.0 3.9 4.8 6.2 19.7 

Combined .......................................... 4.9 8.0 10.3 12.7 15.6 51.5 

Table I.C.2–6 shows EPA’s estimated 

incremental cost increase of the average 

new vehicle for each model year 2012– 

2016. The values shown are incremental 

to a baseline vehicle and are not 

cumulative. In other words, the 

estimated increase for 2012 model year 

cars is $342 relative to a 2012 model 

year car absent the National Program. 

The estimated increase for a 2013 model 

year car is $507 relative to a 2013 model 

year car absent the National Program 

(not $342 plus $507). 

TABLE I.C.2–6—EPA’S ESTIMATED INCREMENTAL INCREASE IN AVERAGE NEW VEHICLE COST

[2007 dollars per unit] 

2012 2013 2014 2015 2016 

Cars ...................................................................................... $342 $507 $631 $749 $869 

Trucks .................................................................................. 314 496 652 820 1,098 

Combined ...................................................................... 331 503 639 774 948 

D. Background and Comparison of 

NHTSA and EPA Statutory Authority 

Section I.C of the proposal contained 

a detailed overview discussion of the 

NHTSA and EPA statutory authorities. 

In addition to the discussion in the 

proposal, each agency discusses 

comments pertaining to its statutory 

authority and the agency’s responses in 

Sections III and IV of this notice, 

respectively. 

II. Joint Technical Work Completed for 

This Final Rule 

A. Introduction 

In this section NHTSA and EPA 

discuss several aspects of the joint 

technical analyses on which the two 

agencies collaborated. These analyses 

are common to the development of each 

agency’s final standards. Specifically we 

discuss: the development of the vehicle 

market forecast used by each agency for 

assessing costs, benefits, and effects, the 

development of the attribute-based 

standard curve shapes, the 

determination of the relative stringency 

between the car and truck fleet 

standards, the technologies the agencies 

evaluated and their costs and 

effectiveness, and the economic 

assumptions the agencies included in 

their analyses. The Joint Technical 

Support Document (TSD) discusses the 

agencies’ joint technical work in more 

detail. 

B. Developing the Future Fleet for 

Assessing Costs, Benefits, and Effects 

1. Why did the agencies establish a 

baseline and reference vehicle fleet? 

In order to calculate the impacts of 

the EPA and NHTSA regulations, it is 

necessary to estimate the composition of 

the future vehicle fleet absent these 

regulations, to provide a reference point 

relative to which costs, benefits, and 

effects of the regulations are assessed. 

As in the proposal, EPA and NHTSA 

have developed this comparison fleet in 

two parts. The first step was to develop 

a baseline fleet based on model year 

2008 data. The second step was to 

project that fleet into model years 2011– 

2016. This is called the reference fleet. 

mstockstill on DSKB9S0YB1PROD with RULES2

Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 25349 

44That is, the manufacturers who have 

traditionally paid fines under EPCA instead of 

complying with the CAFE standards were 

‘‘allowed,’’ for purposes of the reference fleet, to 

reach only the CAFE level at which paying fines 

became more cost-effective than adding technology, 

even if that fell short of the MY 2011 standards. 

45 40 CFR 600.512–08, Model Year Report. 

46The agencies have also looked at the impact of 

the rule in EIA’s projection, and concluded that the 

impact was small. EPA and NHTSA have evaluated 

the differences between the AEO 2010 (early draft) 

and AEO 2009 and found little difference in the 

fleet projections (or fuel prices). This analysis can 

be found in the memo to the docket: Kahan, A. and 

Pickrell, D. Memo to Docket EPA–HQ–OAR–2009– 

0472 and Docket NHTSA–2009–0059. ‘‘Energy 

Information Administration’s Annual Energy 

Outlook 2009 and 2010.’’ March 24, 2010. 

47See, e.g., 74 FR 49484. 

The third step was to modify that MY 

2011–2016 reference fleet such that it 

had sufficient technology to meet the 

MY 2011 CAFE standards. This final 

version of the reference fleet is the lightduty fleet estimated to exist in MY 

2012–2016 in the absence of today’s 

standards, based on the assumption that 

manufacturers would continue to meet 

the MY 2011 CAFE standards (or pay 

civil penalties allowed under EPCA 44) 

in the absence of further increases in the 

stringency of CAFE standards. Each 

agency used this approach to develop a 

final reference fleet to use in its 

modeling. All of the agencies’ estimates 

of emission reductions, fuel economy 

improvements, costs, and societal 

impacts are developed in relation to the 

respective reference fleets. 

EPA and NHTSA proposed a 

transparent approach to developing the 

baseline and reference fleets, largely 

working from publicly available data. 

This proposed approach differed from 

previous CAFE rules, which relied on 

confidential manufacturers’ product 

plan information to develop the 

baseline. Most of the public comments 

to the NPRM addressing this issue 

supported this methodology for 

developing the inputs to the rule’s 

analysis. Because the input sheets can 

be made public, stakeholders can verify 

and check EPA’s and NHTSA’s 

modeling, and perform their own 

analyses with these datasets. In this 

final rulemaking, EPA and NHTSA are 

using an approach very similar to that 

proposed, continuing to rely on publicly 

available data as the basis for the 

baseline and reference fleets. 

2. How did the agencies develop the 

baseline vehicle fleet? 

At proposal, EPA and NHTSA 

developed a baseline fleet comprised of 

model year 2008 data gathered from 

EPA’s emission certification and fuel 

economy database. MY 2008 was used 

as the basis for the baseline vehicle fleet 

because it was the most recent model 

year for which a complete set of data is 

publicly available. This remains the 

case. Manufacturers are not required to 

submit final sales and mpg figures for 

MY 2009 until April 2010,45 after the 

CAFE standard’s mandated 

promulgation date. Consequently, in 

this final rule, EPA and NHTSA made 

no changes to the method or the results 

of the MY 2008 baseline fleet used at 

proposal, except for some specific 

corrections to engineering inputs for 

some vehicle models reflected in the 

market forecast input to NHTSA’s CAFE 

model. More details about how the 

agencies constructed this baseline fleet 

can be found in Chapter 1.2 of the Joint 

TSD. Corrections to engineering inputs 

for some vehicle models in the market 

forecast input to NHTSA’s CAFE model 

are discussed in Chapter 2 of the Joint 

TSD. 

3. How did the agencies develop the 

projected MY 2011–2016 vehicle fleet? 

EPA and NHTSA have based the 

projection of total car and total light 

truck sales for MYs 2011–2016 on 

projections made by the Department of 

Energy’s Energy Information 

Administration (EIA). EIA publishes a 

mid-term projection of national energy 

use called the Annual Energy Outlook 

(AEO). This projection utilizes a number 

of technical and econometric models 

which are designed to reflect both 

economic and regulatory conditions 

expected to exist in the future. In 

support of its projection of fuel use by 

light-duty vehicles, EIA projects sales of 

new cars and light trucks. In the 

proposal, the agencies used the three 

reports published by EIA as part of the 

AEO 2009. We also stated that updated 

versions of these reports could be used 

in the final rules should AEO timely 

issue a new version. EIA published an 

early version of its AEO 2010 in 

December 2009, and the agencies are 

making use of it in this final 

rulemaking. The differences in projected 

sales in the 2009 report (used in the 

NPRM) and the early 2010 report are 

very small, so NHTSA and EPA have 

decided to simply scale the NPRM 

volumes for cars and trucks (in the 

aggregate) to match those in the 2010 

report. We thus employ the sales 

projections from the scaled updated 

2009 Annual Energy Outlook, which is 

equivalent to AEO 2010 Early Release, 

for the final rule. The scaling factors for 

each model year are presented in 

Chapter 1 of the Joint TSD for this final 

rule. 

The agencies recognize that AEO 2010 

Early Release does include some 

impacts of future projected increases in 

CAFE stringency. We have closely 

examined the difference between AEO 

2009 and AEO 2010 Early Release and 

we believe the differences in total sales 

and the car/truck split attributed to 

considerations of the standard in the 

final rule are small.46

In the AEO 2010 Early Release, EIA 

projects that total light-duty vehicle 

sales will gradually recover from their 

currently depressed levels by around 

2013. In 2016, car sales are projected to 

be 9.4 million (57 percent) and truck 

sales are projected to be 7.1 million (43 

percent). Although the total level of 

sales of 16.5 million units is similar to 

pre-2008 levels, the fraction of car sales 

is projected to be higher than that 

existing in the 2000–2007 timeframe. 

This projection reflects the impact of 

higher fuel prices, as well as EISA’s 

requirement that the new vehicle fleet 

average at least 35 mpg by MY 2020. 

The agencies note that AEO does not 

represent the fleet at a level of detail 

sufficient to explicitly account for the 

reclassification—promulgated as part of 

NHTSA’s final rule for MY 2011 CAFE 

standards—of a number of 2-wheel 

drive sport utility vehicles from the 

truck fleet to the car fleet for MYs 2011 

and after. Sales projections of cars and 

trucks for future model years can be 

found in the Joint TSD for these final 

rules. 

In addition to a shift towards more car 

sales, sales of segments within both the 

car and truck markets have been 

changing and are expected to continue 

to change. Manufacturers are 

introducing more crossover models 

which offer much of the utility of SUVs 

but use more car-like designs. The AEO 

2010 report does not, however, 

distinguish such changes within the car 

and truck classes. In order to reflect 

these changes in fleet makeup, EPA and 

NHTSA considered several other 

available forecasts. EPA purchased and 

shared with NHTSA forecasts from two 

well-known industry analysts, CSM 

Worldwide (CSM), and J.D. Powers. 

NHTSA and EPA decided to use the 

forecast from CSM, modified as 

described below, for several reasons 

presented in the NPRM preamble 47 and 

draft Joint TSD. The changes between 

company market share and industry 

market segments were most significant 

from 2011–2014, while for 2014–2015 

the changes were relatively small. 

Noting this, and lacking a credible 

forecast of company and segment shares 

after 2015, the agencies assumed 2016 

market share and market segments to be 

the same as for 2015. 

mstockstill on DSKB9S0YB1PROD with RULES2

25350 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 

48 GM argued that the unusually large volume of 

large pickups led to higher overall requirements for 

those vehicles. As discussed below, the agencies’ 

analysis for the final rule corrects the number of 

large pickups. With this correction and other 

updates to the agencies’ market forecast and other 

analytical inputs, the target functions defining the 

final standards (and achieving the average required 

performance levels defining the national program) 

are very similar to those from the NPRM, especially 

for light trucks, as illustrated below in Figures II.C– 

7 and II.C–8. 

49These include the Ford F–250 & F–350, 

Econoline E–250, & E–350; Chevy Express, 

Silverado 2500, & 3500; GMC Savana, Dodge 2500, 

& 3500; among others. 

50The CSM Sales Forecast Excel file (‘‘CSM North 

America Sales Forecasts 2Q09 3Q09 4Q09 for the 

Docket’’) is available in the docket (Docket EPA– 

HQ–OAR–2009–0472). 

CSM Worldwide provides quarterly 

sales forecasts for the automotive 

industry. In the NPRM, the agencies 

identified a concern with the 2nd 

quarter CSM forecast that was used as 

a basis for the projection. CSM 

projections at that time were based on 

an industry that was going through a 

significant financial transition, and as a 

result the market share forecasts for 

some companies were impacted in 

surprising ways. As the industry’s 

situation has settled somewhat over the 

past year, the 4th quarter projection 

appears to address this issue—for 

example, it shows nearly a two-fold 

increase in sales for Chrysler compared 

to significant loss of market share 

shown for Chrysler in the 2nd quarter 

projection. Additionally, some 

commenters, such as GM, recognized 

that the fleet appeared to include an 

unusually high number of large pickup 

trucks.48 In fact, the agencies discovered 

(independently of the comments) that 

CSM’s standard forecast included all 

vehicles below 14,000 GVWR, including 

class 2b and 3 heavy duty vehicles, 

which are not regulated by this final 

rule.49 The commenters were thus 

correct that light duty reference fleet 

projections at proposal had more full 

size trucks and vans due to the mistaken 

inclusion of the heavy duty versions of 

those vehicles. The agencies requested a 

separate data forecast from CSM that 

filtered their 4th quarter projection to 

exclude these heavy duty vehicles. The 

agencies then used this filtered 4th 

quarter forecast for the final rule. A 

detailed comparison of the market by 

manufacturer can be found in the final 

TSD. For the public’s reference, copies 

of the 2nd, 3rd, and 4th quarter CSM 

forecasts have been placed in the docket 

for this rulemaking.50

We then projected the CSM forecasts 

for relative sales of cars and trucks by 

manufacturer and by market segment 

onto the total sales estimates of AEO 

2010. Tables II.B.3–1 and II.B.3–2 show 

the resulting projections for the 

reference 2016 model year and compare 

these to actual sales that occurred in 

baseline 2008 model year. Both tables 

show sales using the traditional 

definition of cars and light trucks. 

TABLE II.B.3–1—ANNUAL SALES OF LIGHT-DUTY VEHICLES BY MANUFACTURER IN 2008 AND ESTIMATED FOR 2016 

Cars Light trucks Total 

2008 MY 2016 MY 2008 MY 2016 MY 2008 MY 2016 MY 

BMW ................................................................................ 291,796 424,923 61,324 171,560 353,120 596,482 

Chrysler ............................................................................ 537,808 340,908 1,119,397 525,128 1,657,205 866,037 

Daimler ............................................................................. 208,052 272,252 79,135 126,880 287,187 399,133 

Ford .................................................................................. 709,583 1,118,727 1,158,805 1,363,256 1,868,388 2,481,983 

General Motors ................................................................ 1,370,280 1,283,937 1,749,227 1,585,828 3,119,507 2,869,766 

Honda ............................................................................... 899,498 811,214 612,281 671,437 1,511,779 1,482,651 

Hyundai ............................................................................ 270,293 401,372 120,734 211,996 391,027 613,368 

Kia .................................................................................... 145,863 455,643 135,589 210,717 281,452 666,360 

Mazda .............................................................................. 191,326 350,055 111,220 144,992 302,546 495,047 

Mitsubishi ......................................................................... 76,701 49,914 24,028 88,754 100,729 138,668 

Porsche ............................................................................ 18,909 33,471 18,797 16,749 37,706 50,220 

Nissan .............................................................................. 653,121 876,677 370,294 457,114 1,023,415 1,333,790 

Subaru .............................................................................. 149,370 230,705 49,211 95,054 198,581 325,760 

Suzuki .............................................................................. 68,720 97,466 45,938 26,108 114,658 123,574

Tata .................................................................................. 9,596 65,806 55,584 42,695 65,180 108,501

Toyota .............................................................................. 1,143,696 2,069,283 1,067,804 1,249,719 2,211,500 3,319,002 

Volkswagen ...................................................................... 290,385 586,011 26,999 124,703 317,384 710,011 

Total .......................................................................... 7,034,997 9,468,365 6,806,367 7,112,689 13,841,364 16,580,353 

TABLE II.B.3–2—ANNUAL SALES OF LIGHT-DUTY VEHICLES BY MARKET SEGMENT IN 2008 AND ESTIMATED FOR 2016 

Cars Light trucks 

2008 MY 2016 MY 2008 MY 2016 MY 

Full-Size Car ..................................... 829,896 530,945 Full-Size Pickup ............................... 1,331,989 1,379,036 

Luxury Car ........................................ 1,048,341 1,548,242 Mid-Size Pickup ............................... 452,013 332,082 

Mid-Size Car ..................................... 2,166,849 2,550,561 Full-Size Van .................................... 33,384 65,650 

Mini Car ............................................. 617,902 1,565,373 Mid-Size Van .................................... 719,529 839,194 

Small Car .......................................... 1,912,736 2,503,566 Mid-Size MAV * ................................ 110,353 116,077 

Specialty Car ..................................... 459,273 769,679 Small MAV ....................................... 231,265 62,514 

Full-Size SUV * ................................. 559,160 232,619 

Mid-Size SUV ................................... 436,080 162,502 

Small SUV ........................................ 196,424 108,858 

Full-Size CUV * ................................. 264,717 260,662 

Mid-Size CUV ................................... 923,165 1,372,200 

Small CUV ........................................ 1,548,288 2,181,296 

mstockstill on DSKB9S0YB1PROD with RULES2

Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 25351 

51Note: In the NPRM, Ford’s 2008 sales per 

segment, and the total number of cars was different 

than shown here. The change in values is due to 

a correction of vehicle segments for some of Ford’s 

vehicles. 

TABLE II.B.3–2—ANNUAL SALES OF LIGHT-DUTY VEHICLES BY MARKET SEGMENT IN 2008 AND ESTIMATED FOR 2016— 

Continued 

Cars Light trucks 

2008 MY 2016 MY 2008 MY 2016 MY 

Total Sales ** ............................. 7,034,997 9,468,365 ........................................................... 6,806,367 7,079,323 

* MAV—Multi-Activity Vehicle, SUV—Sport Utility Vehicle, CUV—Crossover Utility Vehicle. 

** Total Sales are based on the classic Car/Truck definition. 

Determining which traditionallydefined trucks will be defined as cars 

for purposes of this final rule using the 

revised definition established by 

NHTSA for MYs 2011 and beyond 

requires more detailed information 

about each vehicle model. This is 

described in greater detail in Chapter 1 

of the final TSD. 

The forecasts obtained from CSM 

provided estimates of car and truck 

sales by segment and by manufacturer, 

but not by manufacturer for each market 

segment. Therefore, NHTSA and EPA 

needed other information on which to 

base these more detailed projected 

market splits. For this task, the agencies 

used as a starting point each 

manufacturer’s sales by market segment 

from model year 2008, which is the 

baseline fleet. Because of the larger 

number of segments in the truck market, 

the agencies used slightly different 

methodologies for cars and trucks. 

The first step for both cars and trucks 

was to break down each manufacturer’s 

2008 sales according to the market 

segment definitions used by CSM. For 

example, the agencies found that 

Ford’s 51 cars sales in 2008 were broken 

down as shown in Table II.B.3–3: 

TABLE II.B.3–3—BREAKDOWN OF

FORD’S 2008 CAR SALES

Full-size cars ....................... 160,857 units. 

Mid-size Cars ...................... 170,399 units. 

Small/Compact Cars ........... 180,249 units. 

Subcompact/Mini Cars ........ None. 

Luxury cars .......................... 87,272 units. 

Specialty cars ...................... 110,805 units. 

EPA and NHTSA then adjusted each 

manufacturer’s sales of each of its car 

segments (and truck segments, 

separately) so that the manufacturer’s 

total sales of cars (and trucks) matched 

the total estimated for each future model 

year based on AEO and CSM forecasts. 

For example, as indicated in Table 

II.B.3–1, Ford’s total car sales in 2008 

were 709,583 units, while the agencies 

project that they will increase to 

1,113,333 units by 2016. This represents 

an increase of 56.9 percent. Thus, the 

agencies increased the 2008 sales of 

each Ford car segment by 56.9 percent. 

This produced estimates of future sales 

which matched total car and truck sales 

per AEO and the manufacturer 

breakdowns per CSM. However, the 

sales splits by market segment would 

not necessarily match those of CSM 

(shown for 2016 in Table II.B.3–2). 

In order to adjust the market segment 

mix for cars, the agencies first adjusted 

sales of luxury, specialty and other cars. 

Since the total sales of cars for each 

manufacturer were already set, any 

changes in the sales of one car segment 

had to be compensated by the opposite 

change in another segment. For the 

luxury, specialty and other car 

segments, it is not clear how changes in 

sales would be compensated. For 

example, if luxury car sales decreased, 

would sales of full-size cars increase, 

mid-size cars, and so on? The agencies 

have assumed that any changes in the 

sales of cars within these three segments 

were compensated for by proportional 

changes in the sales of the other four car 

segments. For example, for 2016, the 

figures in Table II.B.3–2 indicate that 

luxury car sales in 2016 are 1,548,242 

units. Luxury car sales are 1,048,341 

units in 2008. However, after adjusting 

2008 car sales by the change in total car 

sales for 2016 projected by EIA and a 

change in manufacturer market share 

per CSM, luxury car sales decreased to 

1,523,171 units. Thus, overall for 2016, 

luxury car sales had to increase by 

25,071 units or 6 percent. The agencies 

accordingly increased the luxury car 

sales by each manufacturer by this 

percentage. The absolute decrease in 

luxury car sales was spread across sales 

of full-size, mid-size, compact and 

subcompact cars in proportion to each 

manufacturer’s sales in these segments 

in 2008. The same adjustment process 

was used for specialty cars and the 

‘‘other cars’’ segment defined by CSM. 

The agencies used a slightly different 

approach to adjust for changing sales of 

the remaining four car segments. 

Starting with full-size cars, the agencies 

again determined the overall percentage 

change that needed to occur in future 

year full-size car sales after 1) adjusting 

for total sales per AEO 2010, 2) 

adjusting for manufacturer sales mix per 

CSM and 3) adjusting the luxury, 

specialty and other car segments, in 

order to meet the segment sales mix per 

CSM. Sales of each manufacturer’s large 

cars were adjusted by this percentage. 

However, instead of spreading this 

change over the remaining three 

segments, the agencies assigned the 

entire change to mid-size vehicles. The 

agencies did so because the CSM data 

followed the trend of increasing 

volumes of smaller cars while reducing 

volumes of larger cars. If a consumer 

had previously purchased a full-size car, 

we thought it unlikely that their next 

purchase would decrease by two size 

categories, down to a subcompact. It 

seemed more reasonable to project that 

they would drop one vehicle size 

category smaller. Thus, the change in 

each manufacturer’s sales of full-size 

cars was matched by an opposite change 

(in absolute units sold) in mid-size cars. 

The same process was then applied to 

mid-size cars, with the change in midsize car sales being matched by an 

opposite change in compact car sales. 

This process was repeated one more 

time for compact car sales, with changes 

in sales in this segment being matched 

by the opposite change in the sales of 

subcompacts. The overall result was a 

projection of car sales for model years 

2012–2016—the reference fleet—which 

matched the total sales projections of 

the AEO forecast and the manufacturer 

and segment splits of the CSM forecast. 

These sales splits can be found in 

Chapter 1 of the Joint TSD for this final 

rule. 

As mentioned above, the agencies 

applied a slightly different process to 

truck sales, because the agencies could 

not confidently project how the change 

in sales from one segment preferentially 

went to or came from another particular 

segment. Some trend from larger 

vehicles to smaller vehicles would have 

been possible. However, the CSM 

forecasts indicated large changes in total 

sport utility vehicle, multi-activity 

vehicle and cross-over sales which 

could not be connected. Thus, the 

mstockstill on DSKB9S0YB1PROD with RULES2

25352 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 

52Note: In the NPRM this example showed 29 

percent instead of 7 percent. The significant 

decrease was due to using the filtered 4th quarter 

CSM forecast. Commenters, such as GM, had 

commented that we had too many full-size trucks 

and vans, and this change addresses their comment. 

53Note that WardsAuto.com is a fee-based 

service, but all information is public to subscribers. 

54Motortrend.com and Edmunds.com are free, 

no-fee Internet sites. 

agencies applied an iterative, but 

straightforward process for adjusting 

2008 truck sales to match the AEO and 

CSM forecasts. 

The first three steps were exactly the 

same as for cars. EPA and NHTSA broke 

down each manufacturer’s truck sales 

into the truck segments as defined by 

CSM. The agencies then adjusted all 

manufacturers’ truck segment sales by 

the same factor so that total truck sales 

in each model year matched AEO 

projections for truck sales by model 

year. The agencies then adjusted each 

manufacturer’s truck sales by segment 

proportionally so that each 

manufacturer’s percentage of total truck 

sales matched that forecast by CSM. 

This again left the need to adjust truck 

sales by segment to match the CSM 

forecast for each model year. 

In the fourth step, the agencies 

adjusted the sales of each truck segment 

by a common factor so that total sales 

for that segment matched the 

combination of the AEO and CSM 

forecasts. For example, projected sales 

of large pickups across all 

manufacturers were 1,286,184 units in 

2016 after adjusting total sales to match 

AEO’s forecast and adjusting each 

manufacturer’s truck sales to match 

CSM’s forecast for the breakdown of 

sales by manufacturer. Applying CSM’s 

forecast of the large pickup segment of 

truck sales to AEO’s total sales forecast 

indicated total large pickup sales of 

1,379,036 units. Thus, we increased 

each manufacturer’s sales of large 

pickups by 7 percent.52 The agencies 

applied the same type of adjustment to 

all the other truck segments at the same 

time. The result was a set of sales 

projections which matched AEO’s total 

truck sales projection and CSM’s market 

segment forecast. However, after this 

step, sales by manufacturer no longer 

met CSM’s forecast. Thus, we repeated 

step three and adjusted each 

manufacturer’s truck sales so that they 

met CSM’s forecast. The sales of each 

truck segment (by manufacturer) were 

adjusted by the same factor. The 

resulting sales projection matched 

AEO’s total truck sales projection and 

CSM’s manufacturer forecast, but sales 

by market segment no longer met CSM’s 

forecast. However, the difference 

between the sales projections after this 

fifth step was closer to CSM’s market 

segment forecast than it was after step 

three. In other words, the sales 

projection was converging to the desired 

result. The agencies repeated these 

adjustments, matching manufacturer 

sales mix in one step and then market 

segment in the next a total of 19 times. 

At this point, we were able to match the 

market segment splits exactly and the 

manufacturer splits were within 0.1 

percent of our goal, which is well 

within the needs of this analysis. 

The next step in developing the 

reference fleets was to characterize the 

vehicles within each manufacturersegment combination. In large part, this 

was based on the characterization of the 

specific vehicle models sold in 2008— 

i.e., the vehicles comprising the baseline 

fleet. EPA and NHTSA chose to base our 

estimates of detailed vehicle 

characteristics on 2008 sales for several 

reasons. One, these vehicle 

characteristics are not confidential and 

can thus be published here for careful 

review by interested parties. Two, 

because it is constructed beginning with 

actual sales data, this vehicle fleet is 

limited to vehicle models known to 

satisfy consumer demands in light of 

price, utility, performance, safety, and 

other vehicle attributes. 

As noted above, the agencies gathered 

most of the information about the 2008 

baseline vehicle fleet from EPA’s 

emission certification and fuel economy 

database. The data obtained from this 

source included vehicle production 

volume, fuel economy, engine size, 

number of engine cylinders, 

transmission type, fuel type, etc. EPA’s 

certification database does not include a 

detailed description of the types of fuel 

economy-improving/CO2-reducing 

technologies considered in this final 

rule. Thus, the agencies augmented this 

description with publicly available data 

which includes more complete 

technology descriptions from Ward’s 

Automotive Group.53 In a few instances 

when required vehicle information 

(such as vehicle footprint) was not 

available from these two sources, the 

agencies obtained this information from 

publicly accessible Internet sites such as 

Motortrend.com and Edmunds.com.54

The projections of future car and 

truck sales described above apply to 

each manufacturer’s sales by market 

segment. The EPA emissions 

certification sales data are available at a 

much finer level of detail, essentially 

vehicle configuration. As mentioned 

above, the agencies placed each vehicle 

in the EPA certification database into 

one of the CSM market segments. The 

agencies then totaled the sales by each 

manufacturer for each market segment. 

If the combination of AEO and CSM 

forecasts indicated an increase in a 

given manufacturer’s sales of a 

particular market segment, then the 

sales of all the individual vehicle 

configurations were adjusted by the 

same factor. For example, if the Prius 

represented 30 percent of Toyota’s sales 

of compact cars in 2008 and Toyota’s 

sales of compact cars in 2016 was 

projected to double by 2016, then the 

sales of the Prius were doubled, and the 

Prius sales in 2016 remained 30 percent 

of Toyota’s compact car sales. 

The projection of average footprint for 

both cars and trucks remained virtually 

constant over the years covered by the 

final rulemaking. This occurrence is 

strictly a result of the CSM projections. 

There are a number of trends that occur 

in the CSM projections that caused the 

average footprint to remain constant. 

First, as the number of subcompacts 

increases, so do the number of 2-wheel 

drive crossover vehicles (that are 

regulated as cars). Second, truck 

volumes have many segment changes 

during the rulemaking time frame. 

There is no specific footprint related 

trend in any segment that can be linked 

to the unchanging footprint, but there is 

a trend that non-pickups’ volumes will 

move from truck segments that are 

ladder frame to those that are unibodytype vehicles. A table of the footprint 

projections is available in the TSD as 

well as further discussion on this topic. 

4. How was the development of the 

baseline and reference fleets for this 

Final Rule different from NHTSA’s 

historical approach? 

NHTSA has historically based its 

analysis of potential new CAFE 

standards on detailed product plans the 

agency has requested from 

manufacturers planning to produce light 

vehicles for sale in the United States. 

Although the agency has not attempted 

to compel manufacturers to submit such 

information, most major manufacturers 

and some smaller manufacturers have 

voluntarily provided it when requested. 

The proposal discusses many of the 

advantages and disadvantages of the 

market forecast approach used by the 

agencies, including the agencies’ 

interest in examining product plans as 

a check on the reference fleet developed 

by the agencies for this rulemaking. One 

of the primary reasons for the request 

for data in 2009 was to obtain 

permission from the manufacturers to 

make public their product plan 

information for model years 2010 and 

2011. There are a number of reasons that 

this could be advantageous in the 

development of a reference fleet. First, 

mstockstill on DSKB9S0YB1PROD with RULES2

Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 25353 

55An example of this is in the GM Pontiac line, 

which is in the process of being phased out during 

the course of this rulemaking. GM has similar 

vehicles within their other brands (like Chevy) that 

will ‘‘presumably’’ pick up the loss in Pontiac share. 

We model this simply by leaving the Pontiac brand 

in. 

some known changes to the fleet may 

not be captured by the approach of 

solely using publicly available 

information. For example, the agencies’ 

current market forecast includes some 

vehicles for which manufacturers have 

announced plans for elimination or 

drastic production cuts such as the 

Chevrolet Trailblazer, the Chrysler PT 

Cruiser, the Chrysler Pacifica, the Dodge 

Magnum, the Ford Crown Victoria, the 

Mercury Sable, the Pontiac Grand Prix, 

the Pontiac G5 and the Saturn Vue. 

These vehicle models appear explicitly 

in market inputs to NHTSA’s analysis, 

and are among those vehicle models 

included in the aggregated vehicle types 

appearing in market inputs to EPA’s 

analysis. However, although the 

agencies recognize that these specific 

vehicles will be discontinued, we 

continue to include them in the market 

forecast because they are useful as a 

surrogate for successor vehicles that 

may appear in the rulemaking time 

frame to replace the discontinued 

vehicles in that market segment.55

Second, the agencies’ market forecast 

does not include some forthcoming 

vehicle models, such as the Chevrolet 

Volt, the Ford Fiesta and several 

publicly announced electric vehicles, 

including the announcements from 

Nissan regarding the Leaf. Nor does it 

include several MY 2009 or 2010 

vehicles, such as the Honda Insight, the 

Hyundai Genesis and the Toyota Venza, 

as our starting point for defining 

specific vehicle models in the reference 

fleet was Model Year 2008. 

Additionally, the market forecast does 

not account for publicly announced 

technology introductions, such as Ford’s 

EcoBoost system, whose product plans 

specify which vehicles and how many 

are planned to have this technology. 

Chrysler Group LLC has announced 

plans to offer small- and medium-sized 

cars using Fiat powertrains. Were the 

agencies to rely on manufacturers’ 

product plans (that were submitted), the 

market forecast would account for not 

only these specific examples, but also 

for similar examples that have not yet 

been announced publicly. 

Some commenters, such as CBD and 

NESCAUM, suggested that the agencies’ 

omission of known future vehicles and 

technologies in the reference fleet 

causes inaccuracies, which CBD further 

suggested could lead the agencies to set 

lower standards. On the other hand, 

CARB commented that ‘‘the likely 

impact of this omission is minor.’’ 

Because the agencies’ analysis examines 

the costs and benefits of progressively 

adding technology to manufacturers’ 

fleets, the omission of future vehicles 

and technologies primarily affects how 

much additional technology (and, 

therefore, how much incremental cost 

and benefit) is available relative to the 

point at which the agencies’ 

examination of potential new standards 

begins. Thus, in fact, the omission only 

reflects the reference fleet, rather than 

the agencies’ conclusions regarding how 

stringent the standards should be. This 

is discussed further below. The agencies 

believe the above-mentioned comments 

by CBD, NESCAUM, and others are 

based on a misunderstanding of the 

agencies’ approach to analyzing 

potential increases in regulatory 

stringency. The agencies also note that 

manufacturers do not always use 

technology solely to increase fuel 

economy, and that use of technology to 

increase vehicles’ acceleration 

performance or utility would probably 

make that technology unavailable 

toward more stringent standards. 

Considering the incremental nature of 

the agencies’ analysis, and the 

counterbalancing aspects of potentially 

omitted technology in the reference 

fleet, the agencies believe their 

determination of the stringency of new 

standards has not been impacted by any 

such omissions. 

Moreover, EPA and NHTSA believe 

that not including such vehicles after 

MY 2008 does not significantly impact 

our estimates of the technology required 

to comply with the standards. If 

included, these vehicles could increase 

the extent to which manufacturers are, 

in the reference case, expected to overcomply with the MY 2011 CAFE 

standards, and could thereby make the 

new standards appear to cost less and 

yield less benefit relative to the 

reference case. However, in the 

agencies’ judgment, production of the 

most advanced technology vehicles, 

such as the Chevy Volt or the Nissan 

Leaf (for example), will most likely be 

too limited during MY 2011 through MY 

2016 to significantly impact 

manufacturers’ compliance positions. 

While we are projecting the 

characteristics of the future fleet by 

extrapolating from the MY 2008 fleet, 

the primary difference between the 

future fleet and the 2008 fleet in the 

same vehicle segment is the use of 

additional CO2-reducing and fuel-saving 

technologies. Both the NHTSA and EPA 

models add such technologies to 

evaluate means of complying with the 

standards, and the costs of doing so. 

Thus, our future projections of the 

vehicle fleet generally shift vehicle 

designs towards those more likely to be 

typical of newer vehicles. Compared to 

using product plans that show 

continued fuel economy increases 

planned based on expectations that 

CAFE standards will continue to 

increase, this approach helps to clarify 

the costs and benefits of the new 

standards, as the costs and benefits of 

all fuel economy improvements beyond 

those required by the MY 2011 CAFE 

standards are being assigned to the final 

rules. In some cases, the ‘‘actual’’ (vs. 

projected or ‘‘modeled’’) new vehicles 

being introduced into the market by 

manufacturers are done so in 

anticipation of this rulemaking. On the 

other hand, manufacturers may plan to 

continue using technologies to improve 

vehicle performance and/or utility, not 

just fuel economy. Our approach 

prevents some of these actual 

technological improvements and their 

associated cost and fuel economy 

improvements from being assumed in 

the reference fleet. Thus, the added 

technology will not be considered to be 

free (or having no benefits) for the 

purposes of this rule. 

In this regard, the agencies further 

note that manufacturer announcements 

regarding forward models (or future 

vehicle models) need not be accepted 

automatically. Manufacturers tend to 

limit accurate production intent 

information in these releases for reasons 

such as: (a) Competitors will closely 

examine their information for data in 

their product planning decisions; (b) the 

press coverage of forward model 

announcements is not uniform, meaning 

highly anticipated models have more 

coverage and materials than models that 

may be less exciting to the public and 

consistency and uniformity cannot be 

ensured with the usage of press 

information; and (c) these market 

projections are subject to change 

(sometimes significant), and 

manufacturers may not want to give the 

appearance of being indecisive, or 

under/over-confident to their 

shareholders and the public with 

premature release of information. 

NHTSA has evaluated the use of 

public manufacturer forward model 

press information to update the vehicle 

fleet inputs to the baseline and reference 

fleet. The challenges in this approach 

are evidenced by the continuous stream 

of manufacturer press releases 

throughout a defined rulemaking 

period. Manufacturers’ press releases 

suffer from the same types of 

inaccuracies that many commenters 

believe can affect product plans. 

mstockstill on DSKB9S0YB1PROD with RULES2

25354 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 

56A full-size pickup might be offered with 

various combinations of cab style (e.g., regular, 

extended, crew) and box length (e.g., 51⁄2′, 61⁄2′, 8′) 

and, therefore, multiple footprint sizes. CAFE 

compliance data for MY 2008 data does not contain 

footprint information, and does not contain 

information that can be used to reliably identify 

which pickup entries correspond to footprint values 

estimable from public or commercial sources. 

Therefore, the agencies have used the known 

production levels of average values to represent all 

variants of a given pickup line (e.g., all variants of 

the F–150 and the Sierra/Silverado) in order to 

calculate the sales-weighted average footprint value 

for each pickup family. Again, this has no impact 

on the results of our modeling effort, although it 

would require re-estimation if we were to examine 

light truck standards of a different shape. In the 

extreme, one single footprint value could be used 

for every vehicle sold by a single manufacturer as 

long as the fuel economy standard associated with 

this footprint value represented the sales-weighted, 

harmonic average of the fuel economy standards 

associated with each vehicle’s footprint values. 57 49 U.S.C. 32902(a)(3)(A). 

Manufacturers can often be overly 

optimistic in their press releases, both 

on projected date of release of new 

models and on sales volumes. 

More generally and more critically, as 

discussed in the proposal and as 

endorsed by many of the public 

comments, there are several advantages 

to the approach used by the agencies in 

this final rule. Most importantly, today’s 

market forecast is much more 

transparent. The information sources 

used to develop today’s market forecast 

are all either in the public domain or 

available commercially. Another 

significant advantage of today’s market 

forecast is the agencies’ ability to assess 

more fully the incremental costs and 

benefits of the proposed standards. In 

addition, by developing baseline and 

reference fleets from common sources, 

the agencies have been able to avoid 

some errors—perhaps related to 

interpretation of requests—that have 

been observed in past responses to 

NHTSA’s requests. An additional 

advantage of the approach used for this 

rule is a consistent projection of the 

change in fuel economy and CO2

emissions across the various vehicles 

from the application of new technology. 

With the approach used for this final 

rule, the baseline market data comes 

from actual vehicles (on the road today) 

which have actual fuel economy test 

data (in contrast to manufacturer 

estimates of future product fuel 

economy)—so there is no question what 

is the basis for the fuel economy or CO2

performance of the baseline market data 

as it is. 

5. How does manufacturer product plan 

data factor into the baseline used in this 

Final Rule? 

In the spring and fall of 2009, many 

manufacturers submitted product plans 

in response to NHTSA’s recent requests 

that they do so. NHTSA and EPA both 

have access to these plans, and both 

agencies have reviewed them in detail. 

A small amount of product plan data 

was used in the development of the 

baseline. The specific pieces of data are: 

• Wheelbase. 

• Track Width Front. 

• Track Width Rear. 

• EPS (Electric Power Steering). 

• ROLL (Reduced Rolling Resistance). 

• LUB (Advance Lubrication i.e. low 

weight oil). 

• IACC (Improved Electrical 

Accessories). 

• Curb Weight. 

• GVWR (Gross Vehicle Weight 

Rating). 

The track widths, wheelbase, curb 

weight, and GVWR for vehicles could 

have been looked up on the Internet 

(159 were), but were taken from the 

product plans when available for 

convenience. To ensure accuracy, a 

sample from each product plan was 

used as a check against the numbers 

available from Motortrend.com. These 

numbers will be published in the 

baseline file since they can be easily 

looked up on the internet. On the other 

hand, EPS, ROLL, LUB, and IACC are 

difficult to determine without using 

manufacturer’s product plans. These 

items will not be published in the 

baseline file, but the data has been 

aggregated into the agencies’ baseline in 

the technology effectiveness and cost 

effectiveness for each vehicle in a way 

that allows the baseline for the model to 

be published without revealing the 

manufacturer’s data. 

Also, some technical information that 

manufacturers have provided in product 

plans regarding specific vehicle models 

is, at least insofar as NHTSA and EPA 

have been able to determine, not 

available from public or commercial 

sources. While such gaps do not bear 

significantly on the agencies’ analysis, 

the diversity of pickup configurations 

necessitated utilizing a sales-weighted 

average footprint value 56 for many 

manufacturers’ pickups. Since our 

modeling only utilizes footprint in order 

to estimate each manufacturer’s CO2 or 

fuel economy standard and all the other 

vehicle characteristics are available for 

each pickup configuration, this 

approximation has no practical impact 

on the projected technology or cost 

associated with compliance with the 

various standards evaluated. The only 

impact which could arise would be if 

the relative sales of the various pickup 

configurations changed, or if the 

agencies were to explore standards with 

a different shape. This would 

necessitate recalculating the average 

footprint value in order to maintain 

accuracy. 

Additionally, as discussed in the 

NPRM, in an effort to update the 2008 

baseline to account for the expected 

changes in the fleet in the near-term 

model years 2009–2011 described 

above, NHTSA requested permission 

from the manufacturers to make this 

limited product plan information 

public. Unfortunately, virtually no 

manufacturers agreed to allow the use of 

their data after 2009 model year. A few 

manufacturers, such as GM and Ford, 

stated we could use their 2009 product 

plan data after the end of production 

(December 31), but this would not have 

afforded us sufficient time to do the 

analysis for the final rule. Since the 

agencies were unable to obtain 

consistent updates, the baseline and 

reference fleets were not updated 

beyond 2008 model year for the final 

rule. The 2008 baseline fleet and 

projections were instead updated using 

the latest AEO and CSM data as 

discussed earlier. 

NHTSA and EPA recognize that the 

approach applied for the current rule 

gives transparency and openness of the 

vehicle market forecast high priority, 

and accommodates minor inaccuracies 

that may be introduced by not 

accounting for future product mix 

changes anticipated in manufacturers’ 

confidential product plans. For any 

future fleet analysis that the agencies are 

required to perform, NHTSA and EPA 

plan to request that manufacturers 

submit product plans and allow some 

public release of information. In 

performing this analysis, the agencies 

plan to reexamine potential tradeoffs 

between transparency and technical 

reasonableness, and to explain resultant 

choices. 

C. Development of Attribute-Based 

Curve Shapes 

In the NPRM, NHTSA and EPA 

proposed to set attribute-based CAFE 

and CO2 standards that are defined by 

a mathematical function for MYs 2012– 

2016 passenger cars and light trucks. 

EPCA, as amended by EISA, expressly 

requires that CAFE standards for 

passenger cars and light trucks be based 

on one or more vehicle attributes related 

to fuel economy, and be expressed in 

the form of a mathematical function.57

The CAA has no such requirement, 

though in past rules, EPA has relied on 

both universal and attribute-based 

standards (e.g., for nonroad engines, 

EPA uses the attribute of horsepower). 

However, given the advantages of using 

attribute-based standards and given the 

mstockstill on DSKB9S0YB1PROD with RULES2

Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 25355 

58See 74 FR 14359 (Mar. 30, 2009). 

59Production for sale in the United States. 

60The equations are equivalent but are specified 

differently due to differences in the agencies’ 

respective models. 

61This function is linear in fuel consumption but 

not in fuel economy. 

goal of coordinating and harmonizing 

CO2 standards promulgated under the 

CAA and CAFE standards promulgated 

under EPCA, EPA also proposed to issue 

standards that are attribute-based and 

defined by mathematical functions. 

There was consensus in the public 

comments that EPA should develop 

attribute-based CO2 standards. 

Comments received in response to the 

agencies’ decision to base standards on 

vehicle footprint were largely 

supportive. Several commenters (BMW, 

NADA, NESCAUM) expressed support 

for attribute-based (as opposed to flat or 

universal) standards generally, and 

agreed with EPA’s decision to 

harmonize with NHTSA in this respect. 

Many commenters (Aluminum 

Association, BMW, ICCT, NESCAUM, 

NY DEC, Schade, Toyota) also 

supported the agencies’ decision to 

continue setting CAFE standards, and 

begin setting GHG standards, on the 

basis of vehicle footprint, although one 

commenter (NJ DEP) opposed the use of 

footprint due to concern that it 

encourages manufacturers to upsize 

vehicles and undercut the gains of the 

standard. Of the commenters supporting 

the use of footprint, several focused on 

the benefits of harmonization—both 

between EPA and NHTSA, and between 

the U.S. and the rest of the world. BMW 

commented, for example, that many 

other countries use weight-based 

standards rather than footprint-based. 

While BMW did not object to NHTSA’s 

and EPA’s use of footprint-based 

standards, it emphasized the impact of 

this non-harmonization on 

manufacturers who sell vehicles 

globally, and asked the agencies to 

consider these effects. NADA supported 

the use of footprint, but cautioned that 

the agencies must be careful in setting 

the footprint curve for light trucks to 

ensure that manufacturers can continue 

to provide functionality like 4WD and 

towing/hauling capacity. 

Some commenters requested that the 

agencies consider other or more 

attributes in addition to footprint, 

largely reiterating comments submitted 

to the MYs 2011–2015 CAFE NPRM. 

Cummins supported the agencies using 

a secondary attribute to account for 

towing and hauling capacity in large 

trucks, for example, while Ferrari asked 

the agencies to consider a multiattribute approach incorporating curb 

weight, maximum engine power or 

torque, and/or engine displacement, as 

it had requested in the previous round 

of CAFE rulemaking. An individual, Mr. 

Kenneth Johnson, commented that 

weight-based standards would be 

preferable to footprint-based ones, 

because weight correlates better with 

fuel economy than footprint, because 

the use of footprint does not necessarily 

guarantee safety the way the agencies 

say it does, and because weight-based 

standards would be fairer to 

manufacturers. 

In response, EPA and NHTSA 

continue to believe that the benefits of 

footprint-attribute-based standards 

outweigh any potential drawbacks 

raised by commenters, and that 

harmonization between the two 

agencies should be the overriding goal 

on this issue. As discussed by NHTSA 

in the MY 2011 CAFE final rule,58 the 

agencies believe that the possibility of 

gaming is lowest with footprint-based 

standards, as opposed to weight-based 

or multi-attribute-based standards. 

Specifically, standards that incorporate 

weight, torque, power, towing 

capability, and/or off-road capability in 

addition to footprint would not only be 

significantly more complex, but by 

providing degrees of freedom with 

respect to more easily-adjusted 

attributes, they would make it less 

certain that the future fleet would 

actually achieve the average fuel 

economy and CO2 levels projected by 

the agencies. The agencies recognize 

that based on economic and consumer 

demand factors that are external to this 

rule, the distribution of footprints in the 

future may be different (either smaller 

or larger) than what is projected in this 

rule. However, the agencies continue to 

believe that there will not be significant 

shifts in this distribution as a direct 

consequence of this rule. The agencies 

are therefore finalizing MYs 2012–2016 

CAFE and GHG standards based on 

footprint. 

The agencies also recognize that there 

could be benefits for a number of 

manufacturers if there was greater 

international harmonization of fuel 

economy and GHG standards, but this is 

largely a question of how stringent 

standards are and how they are 

enforced. It is entirely possible that 

footprint-based and weight-based 

systems can coexist internationally and 

not present an undue burden for 

manufacturers if they are carefully 

crafted. Different countries or regions 

may find different attributes appropriate 

for basing standards, depending on the 

particular challenges they face—from 

fuel prices, to family size and land use, 

to safety concerns, to fleet composition 

and consumer preference, to other 

environmental challenges besides 

climate change. The agencies anticipate 

working more closely with other 

countries and regions in the future to 

consider how to mitigate these issues in 

a way that least burdens manufacturers 

while respecting each country’s need to 

meet its own particular challenges. 

Under an attribute-based standard, 

every vehicle model has a performance 

target (fuel economy and CO2 emissions 

for CAFE and CO2 emissions standards, 

respectively), the level of which 

depends on the vehicle’s attribute (for 

the proposal, footprint). The 

manufacturers’ fleet average 

performance is determined by the 

production-weighted 59 average (for 

CAFE, harmonic average) of those 

targets. NHTSA and EPA are 

promulgating CAFE and CO2 emissions 

standards defined by constrained linear 

functions and, equivalently, piecewise 

linear functions.60 As a possible option 

for future rulemakings, the constrained 

linear form was introduced by NHTSA 

in the 2007 NPRM proposing CAFE 

standards for MY 2011–2015. Described 

mathematically, the proposed 

constrained linear function was defined 

according to the following formula: 61

TARGET

MIN MAX c FOOTPRINT d,

=

× + ⎛

⎝

⎜ ⎞

⎠

⎟ ⎡

⎣

⎢ ⎤

⎦

⎥

1

1 1

a b,

Where TARGET = the fuel economy target (in mpg) 

applicable to vehicles of a given 

footprint (FOOTPRINT, in square feet), 

a = the function’s upper limit (in mpg), 

b = the function’s lower limit (in mpg), 


mstockstill on DSKB9S0YB1PROD with RULES2ER07MY10.004</MATH>
25356 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 

c = the slope (in gpm per square foot) of the 

sloped portion of the function, 

d = the intercept (in gpm) of the sloped 

portion of the function (that is, the value 

the sloped portion would take if 

extended to a footprint of 0 square feet, 

and the MIN and MAX functions take the 

minimum and maximum, respectively, 

of the included values; for example, 

MIN(1,2) = 1, MAX(1,2) = 2, and 

MIN[MAX(1,2),3)]=2. 

Because the format is linear on a 

gallons-per-mile basis, not on a milesper-gallon basis, it is plotted as fuel 

consumption below. Graphically, the 

constrained linear form appears as 

shown in Figure II.C–1. 

BILLING CODE 6560–50–P 


mstockstill on DSKB9S0YB1PROD with RULES2ER07MY10.005</MATH>
Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 25357 

62These a, b, d coefficients differ from the a, b, 

d coefficients in the constrained linear fuel 

economy equation primarily by a factor of 8887 

(plus an additive factor for air conditioning). 

The specific form and stringency for 

each fleet (passenger car and light 

trucks) and model year are defined 

through specific values for the four 

coefficients shown above. 

EPA proposed the equivalent equation 

below for assigning CO2 targets to an 

individual vehicle’s footprint value. 

Although the general model of the 

equation is the same for each vehicle 

category and each year, the parameters 

of the equation differ for cars and trucks 

and for each model year. Described 

mathematically, EPA’s proposed 

piecewise linear function was as 

follows: 

Target = a, if x ≤ l 

Target = cx + d, if l < x ≤ h 

Target = b, if x > h 

In the constrained linear form similar in 

form to the fuel economy equation 

above, this equation takes the simplified 

form: 

Target = MIN [ MAX (c * x + d, a), b] 

Where 

Target = the CO2 target value for a given 

footprint (in g/mi) 

a = the minimum target value (in g/mi CO2) 62

b = the maximum target value (in g/mi CO2) 

c = the slope of the linear function (in g/mi 

per sq ft CO2) 

d = is the intercept or zero-offset for the line 

(in g/mi CO2) 

x = footprint of the vehicle model (in square 

feet, rounded to the nearest tenth) 

l & h are the lower and higher footprint limits 

or constraints or (‘‘kinks’’) or the 

boundary between the flat regions and 

the intermediate sloped line (in sq ft) 

Graphically, piecewise linear form, 

like the constrained linear form, appears 

as shown in Figure II.C–2. 

mstockstill on DSKB9S0YB1PROD with RULES2

25358 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 

BILLING CODE 6560–50–C 


mstockstill on DSKB9S0YB1PROD with RULES2ER07MY10.006</GPH>
Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 25359 

63The agencies excluded diesel engines and 

strong hybrid vehicle technologies from this 

exercise (and only this exercise) because the 

agencies expect that manufacturers would not need 

to rely heavily on these technologies in order to 

comply with the proposed standards. NHTSA and 

EPA did include diesel engines and strong hybrid 

vehicle technologies in all other portions of their 

analyses. 

As for the constrained linear form, the 

specific form and stringency of the 

piecewise linear function for each fleet 

(passenger car and light trucks) and 

model year are defined through specific 

values for the four coefficients shown 

above. 

For purposes of the proposed rules, 

NHTSA and EPA developed the basic 

curve shapes using methods similar to 

those applied by NHTSA in fitting the 

curves defining the MY 2011 standards. 

The first step involved defining the 

relevant vehicle characteristics in the 

form used by NHTSA’s CAFE model 

(e.g., fuel economy, footprint, vehicle 

class, technology) described in Section 

II.B of this preamble and in Chapter 1 

of the Joint TSD. However, because the 

baseline fleet utilizes a wide range of 

available fuel saving technologies, 

NHTSA used the CAFE model to 

develop a fleet to which all of the 

technologies discussed in Chapter 3 of 

the Joint TSD 63 were applied, except 

dieselization and strong hybridization. 

This was accomplished by taking the 

following steps: (1) Treating all 

manufacturers as unwilling to pay civil 

penalties rather than applying 

technology, (2) applying any technology 

at any time, irrespective of scheduled 

vehicle redesigns or freshening, and (3) 

ignoring ‘‘phase-in caps’’ that constrain 

the overall amount of technology that 

can be applied by the model to a given 

manufacturer’s fleet. These steps helped 

to increase technological parity among 

vehicle models, thereby providing a 

better basis (than the baseline or 

reference fleets) for estimating the 

statistical relationship between vehicle 

size and fuel economy. 

In fitting the curves, NHTSA and EPA 

also continued to fit the sloped portion 

of the function to vehicle models 

between the footprint values at which 

the agencies continued to apply 

constraints to limit the function’s value 

for both the smallest and largest 

vehicles. Without a limit at the smallest 

footprints, the function—whether 

logistic or linear—can reach values that 

would be unfairly burdensome for a 

manufacturer that elects to focus on the 

market for small vehicles; depending on 

the underlying data, an unconstrained 

form, could result in stringency levels 

that are technologically infeasible and/ 

or economically impracticable for those 

manufacturers that may elect to focus on 

the smallest vehicles. On the other side 

of the function, without a limit at the 

largest footprints, the function may 

provide no floor on required fuel 

economy. Also, the safety 

considerations that support the 

provision of a disincentive for 

downsizing as a compliance strategy 

apply weakly, if at all, to the very largest 

vehicles. Limiting the function’s value 

for the largest vehicles leads to a 

function with an inherent absolute 

minimum level of performance, while 

remaining consistent with safety 

considerations. 

Before fitting the sloped portion of the 

constrained linear form, NHTSA and 

EPA selected footprints above and 

below which to apply constraints (i.e., 

minimum and maximum values) on the 

function. The agencies believe that the 

linear form performs well in describing 

the observed relationship between 

footprint and fuel consumption or CO2

emissions for vehicle models within the 

footprint ranges covering most vehicle 

models, but that the single (as opposed 

to piecewise) linear form does not 

perform well in describing this 

relationship for the smallest and largest 

vehicle models. For passenger cars, the 

agency noted that several manufacturers 

offer small, sporty coupes below 41 

square feet, such as the BMW Z4 and 

Mini, Honda S2000, Mazda MX–5 

Miata, Porsche Carrera and 911, and 

Volkswagen New Beetle. Because such 

vehicles represent a small portion (less 

than 10 percent) of the passenger car 

market, yet often have performance, 

utility, and/or structural characteristics 

that could make it technologically 

infeasible and/or economically 

impracticable for manufacturers 

focusing on such vehicles to achieve the 

very challenging average requirements 

that could apply in the absence of a 

constraint, EPA and NHTSA proposed 

to ‘‘cut off’’ the linear portion of the 

passenger car function at 41 square feet. 

The agencies recognize that for 

manufacturers who make small vehicles 

in this size range, this cut off creates 

some incentive to downsize (i.e., further 

reduce the size, and/or increase the 

production of models currently smaller 

than 41 square feet) to make it easier to 

meet the target. The cut off may also 

create the incentive for manufacturers 

who do not currently offer such models 

to do so in the future. However, at the 

same time, the agencies believe that 

there is a limit to the market for cars 

smaller than 41 square feet—most 

consumers likely have some minimum 

expectation about interior volume, 

among other things. The agencies thus 

believe that the number of consumers 

who will want vehicles smaller than 41 

square feet (regardless of how they are 

priced) is small, and that the incentive 

to downsize in response to this final 

rule, if present, will be minimal. For 

consistency, the agency proposed to ‘‘cut 

off’’ the light truck function at the same 

footprint, although no light trucks are 

currently offered below 41 square feet. 

The agencies further noted that above 56 

square feet, the only passenger car 

model present in the MY 2008 fleet 

were four luxury vehicles with 

extremely low sales volumes—the 

Bentley Arnage and three versions of the 

Rolls Royce Phantom. NHTSA and EPA 

therefore also proposed to ‘‘cut off’’ the 

linear portion of the passenger car 

function at 56 square feet. Finally, the 

agencies noted that although public 

information is limited regarding the 

sales volumes of the many different 

configurations (cab designs and bed 

sizes) of pickup trucks, most of the 

largest pickups (e.g., the Ford F–150, 

GM Sierra/Silverado, Nissan Titan, and 

Toyota Tundra) appear to fall just above 

66 square feet in footprint. EPA and 

NHTSA therefore proposed to ‘‘cut off’’ 

the linear portion of the light truck 

function at 66 square feet. 

Having developed a set of vehicle 

emissions and footprint data which 

represent the benefit of all non-diesel, 

non-hybrid technologies, we determined 

the initial values for parameters c and 

d were determined for cars and trucks 

separately. c and d were initially set at 

the values for which the average 

(equivalently, sum) of the absolute 

values of the differences was minimized 

between the ‘‘maximum technology’’ 

fleet fuel consumption (within the 

footprints between the upper and lower 

limits) and the straight line of the 

function defined above at the same 

corresponding vehicle footprints. That 

is, c and d were determined by 

minimizing the average absolute 

residual, commonly known as the MAD 

(Mean Absolute Deviation) approach, of 

the corresponding straight line. 

Finally, NHTSA calculated the values 

of the upper and lower parameters (a 

and b) based on the corresponding 

footprints discussed above (41 and 56 

square feet for passenger cars, and 41 

and 66 square feet for light trucks). 

The result of this methodology is 

shown below in Figures II.C–3 and II.C– 

4 for passenger cars and light trucks, 

respectively. The fitted curves are 

shown with the underlying ‘‘maximum 

technology’’ passenger car and light 

truck fleets. For passenger cars, the 

mean absolute deviation of the sloped 

portion of the function was 14 percent. 

mstockstill on DSKB9S0YB1PROD with RULES2

25360 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 

For trucks, the corresponding MAD was 

10 percent. 

BILLING CODE 6560–50–P 


mstockstill on DSKB9S0YB1PROD with RULES2ER07MY10.007</GPH>
Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 25361 

BILLING CODE 6560–50–C 


mstockstill on DSKB9S0YB1PROD with RULES2ER07MY10.008</GPH>
25362 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 

64For example, the agencies’ market forecast 

shows MY 2016 sales of 187,000 units for Toyota’s 

2WD Sienna, and shows 27 model configurations 

with MY 2016 sales of fewer than 100 units. 

Similarly, the agencies’ market forecast shows MY 

2016 sales of 268,000 for the Toyota Prius, and 

shows 29 model configurations with MY 2016 sales 

of fewer than 100 units. Sales-weighted analysis 

would give the Toyota Sienna and Prius more than 

a thousand times the consideration of many vehicle 

model configurations. Sales-weighted analysis 

would, therefore, cause a large number of vehicle 

model configurations to be virtually ignored. See 

discussion in NHTSA’s final rule for MY 2011 

passenger car and light truck CAFE standards, 74 

FR 14368 (Mar. 30, 2009), and in NHTSA’s NPRM 

for that rulemaking, 73 FR 24423–24429 (May 2, 

2008). 

65 Id. In the case of a dataset not drawn from a 

sample with a Gaussian, or normal, distribution, 

there is often a need to employ robust estimation 

methods rather than rely on least-squares approach 

to curve fitting. The least-squares approach has as 

an underlying assumption that the data are drawn 

The agencies used these functional 

forms as a starting point to develop 

mathematical functions defining the 

actual proposed standards as discussed 

above. The agencies then transposed 

these functions vertically (i.e., on a gpm 

or CO2 basis, uniformly downward) to 

produce the same fleetwide fuel 

economy (and CO2 emission levels) for 

cars and light trucks described in the 

NPRM. 

A number of public comments 

generally supported the agencies’ choice 

of attribute-based mathematical 

functions, as well as the methods 

applied to fit the function. Ferrari 

indicated support for the use of a 

constrained linear form rather than a 

constrained logistic form, support for 

the application of limits on the 

functions’ values, support for a 

generally less steep passenger car curve 

compared to MY 2011, and support for 

the inclusion of all manufacturers in the 

analysis used to fit the curves. ICCT also 

supported the use of a constrained 

linear form. Toyota expressed general 

support for the methods and outcome, 

including a less-steep passenger car 

curve, and the application of limits on 

fuel economy targets applicable to the 

smallest vehicles. The UAW commented 

that the shapes and levels of the curves 

are reasonable. 

Other commenters suggested that 

changes to the agencies’ methods and 

results would yield better outcomes. GM 

suggested that steeper curves would 

provide a greater incentive for limitedline manufacturers to apply technology 

to smaller vehicles. GM argued that 

steeper and, in their view, fairer curves 

could be obtained by using salesweighted least-squares regression rather 

than minimization of the unweighted 

mean absolute deviation. Conversely, 

students from UC Santa Barbara 

commented that the passenger car and 

light truck curves should be flatter and 

should converge over time in order to 

encourage the market to turn, as the 

agencies’ analysis assumes it will, away 

from light trucks and toward passenger 

cars. 

NADA commented that there should 

be no ‘‘cut-off’’ points (i.e., lower limits 

or floors), because these de facto 

‘‘backstops’’ might limit consumer 

choice, especially for light trucks—a 

possibility also suggested by the 

Alliance. The Alliance and several 

individual manufacturers also 

commented that the cut-off point for 

light trucks should be shifted to 72 

square feet (from the proposed 66 square 

feet), arguing that the preponderance of 

high-volume light truck models with 

footprints greater than 66 square feet is 

such that a 72 square foot cut-off point 

makes it unduly challenging for 

manufacturers serving the large pickup 

market and thereby constitutes a de 

facto backstop. Also, with respect to the 

smallest light truck models, Honda 

commented that the cut-off point should 

be set at the point defining the smallest 

10 percent of the fleet, both for 

consistency with the passenger car cutoff point, and to provide a greater 

incentive for manufacturers to downsize 

the smallest light truck models (which 

provide greater functionality than 

passenger cars). 

Other commenters focused on 

whether the agencies should have 

separate curves for different fleets or 

whether they should have a single curve 

that applied to both passenger cars and 

light trucks. This issue is related, to 

some extent, to commenters who 

discussed whether car and truck 

definitions should change. CARB, Ford, 

and Toyota supported separate curves 

for cars and trucks, generally stating that 

different fleets have different functional 

characteristics and these characteristics 

are appropriately addressed by separate 

curves. Likewise, AIAM, Chrysler, and 

NADA supported leaving the current 

definitions of car and truck the same. 

CBD, ICCT, and NESCAUM supported a 

single curve, based on concerns about 

manufacturers gaming the system and 

reclassifying passenger cars as light 

trucks in order to obtain the often-less 

stringent light truck standard, which 

could lead to lower benefits than 

anticipated by the agencies. 

In addition, the students from UC 

Santa Barbara reported being unable to 

reproduce the agencies’ analysis to fit 

curves to the passenger car and light 

truck fleets, even when using the model, 

inputs, and external analysis files 

posted to NHTSA’s Web site when the 

NPRM was issued. 

Having considered public comments, 

NHTSA and EPA have re-examined the 

development of curves underlying the 

standards proposed in the NPRM, and 

are promulgating standards based on the 

same underlying curves. The agencies 

have made this decision considering 

that, while EISA mandates that CAFE 

standards be defined by a mathematical 

function in terms of one or more 

attributes related to fuel economy, 

neither EISA nor the CAA require that 

the mathematical function be limited to 

the observed or theoretical dependence 

of fuel economy on the selected 

attribute or attributes. As a means by 

which CAFE and GHG standards are 

specified, the mathematical function 

can and does properly play a normative 

role. Therefore, NHTSA and EPA have 

concluded that, as supported by 

comments, the mathematical function 

can reasonably be based on a blend of 

analytical and policy considerations, as 

discussed below and in the Joint 

Technical Support Document. 

With respect to GM’s 

recommendation that NHTSA and EPA 

use weighted least-squares analysis, the 

agencies find that the market forecast 

used for analysis supporting both the 

NPRM and the final rule exhibits the 

two key characteristics that previously 

led NHTSA to use minimization of the 

unweighted Mean Absolute Deviation 

(MAD) rather than weighted leastsquares analysis. First, projected modelspecific sales volumes in the agencies’ 

market forecast cover an extremely wide 

range, such that, as discussed in 

NHTSA’s rulemaking for MY 2011, 

while unweighted regression gives lowselling vehicle models and high-selling 

vehicle models equal emphasis, salesweighted regression would give some 

vehicle models considerably more 

emphasis than other vehicle models.64

The agencies’ intention is to fit a curve 

that describes a technical relationship 

between fuel economy and footprint, 

given comparable levels of technology, 

and this supports weighting discrete 

vehicle models equally. On the other 

hand, sales weighted regression would 

allow the difference between other 

vehicle attributes to be reflected in the 

analysis, and also would reflect 

consumer demand. 

Second, even after NHTSA’s 

‘‘maximum technology’’ analysis to 

increase technological parity of vehicle 

models before fitting curves, the 

agencies’ market forecast contains many 

significant outliers. As discussed in 

NHTSA’s rulemaking for MY 2011, 

MAD is a statistical procedure that has 

been demonstrated to produce more 

efficient parameter estimates than leastsquares analysis in the presence of 

significant outliers.65 In addition, the 

mstockstill on DSKB9S0YB1PROD with RULES2

Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 25363 

from a normal distribution, and hence fits a curve 

using a sum-of-squares method to minimize errors. 

This approach will, in a sample drawn from a nonnormal distribution, give excessive weight to 

outliers by making their presence felt in proportion 

to the square of their distance from the fitted curve, 

and, hence, distort the resulting fit. With outliers in 

the sample, the typical solution is to use a robust 

method such as a minimum absolute deviation, 

rather than a squared term, to estimate the fit (see, 

e.g., ‘‘AI Access: Your Access to Data Modeling,’’ at 

http://www.aiaccess.net/English/Glossaries/ 

GlosMod/e_gm_O_Pa.htm#Outlier). The effect on 

the estimation is to let the presence of each 

observation be felt more uniformly, resulting in a 

curve more representative of the data (see, e.g., 

Peter Kennedy, A Guide to Econometrics, 3rd 

edition, 1992, MIT Press, Cambridge, MA). 

agencies remain concerned that the 

steeper curves resulting from weighted 

least-squares analysis would increase 

the risk that energy savings and 

environmental benefits would be lower 

than projected, because the steeper 

curves would provide a greater 

incentive to increase sales of larger 

vehicles with lower fuel economy 

levels. Based on these technical 

considerations and these concerns 

regarding potential outcomes, the 

agencies have decided not to re-fit 

curves using weighted least-squares 

analysis, but note that they may 

reconsider using least-squares 

regression in future analysis. 

NHTSA and EPA have considered 

GM’s comment that steeper curves 

would provide a greater incentive for 

limited-line manufacturers to apply 

technology to smaller vehicles. While 

the agencies agree that a steeper curve 

would, absent any changes in fleet mix, 

tend to shift average compliance 

burdens away from GM and toward 

companies that make smaller vehicles, 

the agencies are concerned, as stated 

above, that steeper curves would 

increase the risk that induced increases 

in vehicle size could erode projected 

energy and environmental benefits. 

NHTSA and EPA have also 

considered the comments by the 

students from UC Santa Barbara 

indicating that the passenger car and 

light truck curves should be flatter and 

should converge over time. The agencies 

conclude that flatter curves would 

reduce the incentives intended in 

shifting from ‘‘flat’’ CAFE standards to 

attribute-based CAFE and GHG 

standards—those being the incentive to 

respond to attribute-based standards in 

ways that minimize compromises in 

vehicle safety, and the incentive for 

more manufacturers (than primarily 

those selling a wider range of vehicles) 

across the range of the attribute to have 

to increase the application of fuel-saving 

technologies. With regard to whether 

the agencies should set separate curves 

or a single one, NHTSA also notes that 

EPCA requires NHTSA to establish 

standards separately for passenger cars 

and light trucks, and thus concludes 

that the standards for each fleet should 

be based on the characteristics of 

vehicles in each fleet. In other words, 

the passenger car curve should be based 

on the characteristics of passenger cars, 

and the light truck curve should be 

based on the characteristics of light 

trucks—thus to the extent that those 

characteristics are different, an 

artificially-forced convergence would 

not accurately reflect those differences. 

However, such convergence could be 

appropriate depending on future trends 

in the light vehicle market, specifically 

further reduction in the differences 

between passenger car and light truck 

characteristics. While that trend was 

more apparent when car-like 2WD SUVs 

were classified as light trucks, it seems 

likely to diminish for the model year 

vehicles subject to these rules as the 

truck fleet will be more purely ‘‘trucklike’’ than has been the case in recent 

years. 

NHTSA and EPA have also 

considered comments on the maxima 

and minima that the agencies have 

applied to ‘‘cut off’’ the linear function 

underlying the proposed curves for 

passenger cars and light trucks. Contrary 

to NADA’s suggestion that there should 

be no such cut-off points, the agencies 

conclude that curves lacking maximum 

fuel economy targets (i.e., minimum 

CO2 targets) would result in average fuel 

economy and GHG requirements that 

would not be technologically feasible or 

economically practicable for 

manufacturers concentrating on those 

market segments. In addition, minimum 

fuel economy targets (i.e., maximum 

CO2 targets) are important to mitigate 

the risk to energy and environmental 

benefits of potential market shifts 

toward large vehicles. The agencies also 

disagree with comments by the Alliance 

and several individual manufacturers 

that the cut-off point for light trucks 

should be shifted to 72 square feet (from 

the proposed 66 square feet) to ease 

compliance burdens facing 

manufacturers serving the large pickup 

market. Such a shift would increase the 

risk that energy and environmental 

benefits of the standards would be 

compromised by induced increases in 

the sales of large pickups, in situations 

where the increased compliance burden 

is feasible and appropriate. Also, the 

agencies’ market forecast suggests that 

most of the light trucks models with 

footprints larger than 66 square feet 

have curb weights near or above 5,000 

pounds. This suggests, in turn, that in 

terms of highway safety, there is little or 

no need to discourage downsizing of 

light trucks with footprints larger than 

66 square feet. Based on these energy, 

environmental, technological feasibility, 

economic practicability, and safety 

considerations, the agencies conclude 

that the light truck curve should be cut 

off at 66 square feet, as proposed, rather 

than at 72 square feet. The agencies also 

disagree with Honda’s suggestion that 

the cut-off point for the smallest trucks 

be shifted to a larger footprint value, 

because doing so could potentially 

increase the incentive to reclassify 

vehicles in that size range as light 

trucks, and could thereby increase the 

possibility that energy and 

environmental benefits of the rule 

would be less than projected. 

Finally, considering comments by the 

UC Santa Barbara students regarding 

difficulties reproducing NHTSA’s 

analysis, NHTSA reexamined its 

analysis, and discovered some 

erroneous entries in model inputs 

underlying the analysis used to develop 

the curves proposed in the NPRM. 

These errors are discussed in NHTSA’s 

final Regulatory Impact Analysis (FRIA) 

and have since been corrected. They 

include the following: Incorrect 

valvetrain phasing and lift inputs for 

many BMW engines, incorrect indexing 

for some Daimler models, incorrectly 

enabled valvetrain technologies for 

rotary engines and Atkinson cycle 

engines, omitted baseline applications 

of cylinder deactivation in some Honda 

and GM engines, incorrect valve 

phasing codes for some 4-cylinder 

Chrysler engines, omitted baseline 

applications of advanced transmissions 

in some VW models, incorrectly enabled 

advanced electrification technologies for 

several hybrid vehicle models, and 

incorrect DCT effectiveness estimates 

for subcompact passenger cars. These 

errors, while not significant enough to 

impact the overall analysis of 

stringency, did affect the fitted slope for 

the passenger car curve and would have 

prevented precise replication of 

NHTSA’s NPRM analysis by outside 

parties. 

After correcting these errors and 

repeating the curve development 

analysis presented in the NPRM, 

NHTSA obtained the curves shown 

below in Figures II.C–5 and II.C–6 for 

passenger cars and light trucks, 

respectively. The fitted curves are 

shown with the underlying ‘‘maximum 

technology’’ passenger car and light 

truck fleets. For passenger cars, the 

mean absolute deviation of the sloped 

portion of the function was 14 percent. 

For trucks, the corresponding MAD was 

10 percent. 

BILLING CODE 6560–50–P 

mstockstill on DSKB9S0YB1PROD with RULES2

25364 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 


mstockstill on DSKB9S0YB1PROD with RULES2ER07MY10.009</GPH>
Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 25365 


mstockstill on DSKB9S0YB1PROD with RULES2ER07MY10.010</GPH>
25366 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 

This refitted passenger car curve is 

similar to that presented in the NPRM, 

and the refitted light truck curve is 

nearly identical to the corresponding 

curve in the NPRM. However, the slope 

of the refitted passenger car curve is 

about 27 percent steeper (on a gpm per 

sf basis) than the curve presented in the 

NPRM. For passenger cars and light 

trucks, respectively, Figures II.C–7 and 

II.C–8 show the results of adjustment— 

discussed in the next section—of the 

above curves to yield the average 

required fuel economy levels 

corresponding to the final standards. 


mstockstill on DSKB9S0YB1PROD with RULES2ER07MY10.011</GPH>
Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 25367 

BILLING CODE 6560–50–C 

While the resultant light truck curves 

are visually indistinguishable from one 

another, the refitted curve for passenger 

cars would increase stringency for the 

smallest cars, decrease stringency for 

the largest cars, and provide a greater 

incentive to increase vehicle size 

throughout the range of footprints 

within which NHTSA and EPA project 

most passenger car models will be sold 

through MY 2016. The agencies are 

concerned that these changes would 

make it unduly difficult for 

manufacturers to introduce new small 

passenger cars in the United States, and 

unduly risk losses in energy and 

environmental benefits by increasing 

incentives for the passenger car market 

to shift toward larger vehicles. 

Also, the agencies note that the 

refitted passenger car curve produces 

only a slightly closer fit to the corrected 

fleet than would the curve estimated in 


mstockstill on DSKB9S0YB1PROD with RULES2ER07MY10.012</GPH>
25368 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 

66ACEEE, American Lung Association, CARB, 

Christopher Lish, Environment America, EDF, MA 

DEP, NRDC, NESCAUM, Public Citizen, Sierra Club 

et al., SCAQMD, UCS, WA DE. 

67Commenters generally defined a ‘‘ratchet 

mechanism’’ as an automatic re-calculation of 

stringency to ensure cumulative goals are reached 

by 2016, even if emissions reductions and fuel 

savings fall short in the earlier years covered by the 

rulemaking. 

68CBD, MA DEP, NJ DEP, Public Citizen, Sierra 

Club et al., UCS. 

69CARB, Public Citizen, Sierra Club et al. 

70For example, the Alliance and Toyota said that 

upsizing would not be likely because (1) it would 

not necessarily make compliance with applicable 

standards easier, since larger vehicles tend to be 

heavier and heavier vehicles tend to achieve worse 

fuel economy/emissions levels; (2) it may require 

expensive platform changes; (3) target curves 

become increasingly more stringent from year to 

year, which reduces the benefits of upsizing; and 

(4) the mpg floor and gpm ceiling for the largest 

vehicles (the point at which the curve is ‘‘cut off’’) 

discourages manufacturers from continuing to 

upsize beyond a point because doing so makes it 

increasingly difficult to meet the flat standard at 

that part of the curve. 

71AIAM, Alliance, Ford, NADA, Toyota. 

72Alliance, Ford, NADA, UAW. 

the NPRM; with respect to the corrected 

fleet (between the ‘‘cut off’’ footprint 

values, and after the ‘‘maximum 

technology’’ analysis discussed above), 

the mean absolute deviation for the 

refitted curve is 13.887 percent, and that 

of a refitted curve held to the original 

slope is 13.933 percent. In other words, 

the data support the original slope very 

nearly as well as they support the 

refitted slope. 

Considering NHTSA’s and EPA’s 

concerns regarding the change in 

incentives that would result from a 

refitted curve for passenger cars, and 

considering that the data support the 

original curves about as well as they 

would support refitted curves, the 

agencies are finalizing CAFE and GHG 

standards based on the curves presented 

in the NPRM. 

Finally, regarding some commenters’ 

inability to reproduce the agencies’ 

NPRM analysis, NHTSA believes that its 

correction of the errors discussed above 

and its release (on NHTSA’s Web site) 

of the updated Volpe model and all 

accompanying inputs and external 

analysis files should enable outside 

parties to independently reproduce the 

agencies’ analysis. If outside parties 

continue to experience difficulty in 

doing so, we encourage them to contact 

NHTSA, and the agency will do its best 

to provide assistance. 

Thus, in summary, the agencies’ 

approach to developing the attributebased mathematical functions for MY 

2012–2016 CAFE and CO2 standards 

represents the agencies’ best technical 

judgment and consideration of potential 

outcomes at this time, and we are 

confident that the conclusions have 

resulted in appropriate and reasonable 

standards. The agencies recognize, 

however, that aspects of these decisions 

may merit updating or revision in future 

analysis to support CAFE and CO2

standards or for other purposes. 

Consistent with best rulemaking 

practices, the agencies will take a fresh 

look at all assumptions and approaches 

to curve fitting, appropriate attributes, 

and mathematical functions in the 

context of future rulemakings. 

The agencies also recognized in the 

NPRM the possibility that lower fuel 

prices could lead to lower fleetwide fuel 

economy (and higher CO2 emissions) 

than projected in this rule. One way of 

addressing that concern is through the 

use of a universal standard—that is, an 

average standard set at a (single) 

absolute level. This is often described as 

a ‘‘backstop standard.’’ The agencies 

explained that under the CAFE program, 

EISA requires such a minimum average 

fuel economy standard for domestic 

passenger cars, but is silent with regard 

to similar backstops for imported 

passenger cars and light trucks, while 

under the CAA, a backstop could be 

adopted under section 202(a) assuming 

it could be justified under the relevant 

statutory criteria. NHTSA and EPA also 

noted that the flattened portions of the 

curves at the largest footprints 

directionally address the issue of a 

backstop (i.e., the mpg ‘‘floor’’ or gpm 

‘‘ceiling’’ applied to the curves provides 

a universal and absolute value for that 

range of footprints). The agencies sought 

comment on whether backstop 

standards, or any other method within 

the agencies’ statutory authority, should 

and can be implemented in order to 

guarantee a level of CO2 emissions 

reductions and fuel savings under the 

attribute-based standards. 

The agencies received a number of 

comments regarding the need for a 

backstop beyond NHTSA’s alternative 

minimum standard. Comments were 

divided fairly evenly between support 

for and opposition to additional 

backstop standards. The following 

organizations supported the need for 

EPA and NHTSA to have explicit 

backstop standards: American Council 

for an Energy Efficient Economy 

(ACEEE), American Lung Association, 

California Air Resources Board (CARB), 

Environment America, Environment 

Defense Fund, Massachusetts 

Department of Environmental 

Protection, Natural Resources Defense 

Council (NRDC), Northeast States for 

Coordinated Air Use Management 

(NESCAUM), Public Citizen and Safe 

Climate Campaign, Sierra Club, State of 

Washington Department of Ecology, 

Union of Concerned Scientists, and a 

number of private citizens. Commenters 

in favor of additional backstop 

standards for all fleets for both NHTSA 

and EPA 66 generally stated that the 

emissions reductions and fuel savings 

expected to be achieved by MY 2016 

depended on assumptions about fleet 

mix that might not come to pass, and 

that various kinds of backstop standards 

or ‘‘ratchet mechanisms’’ 67 were 

necessary to ensure that those 

reductions were achieved in fact. In 

addition, some commenters 68 stated 

that manufacturers might build larger 

vehicles or more trucks during MYs 

2012–2016 than the agencies project, for 

example, because (1) any amount of 

slope in target curves encourages 

manufacturers to upsize, and (2) lower 

targets for light trucks than for 

passenger cars encourage manufacturers 

to find ways to reclassify vehicles as 

light trucks, such as by dropping 2WD 

versions of SUVs and offering only 4WD 

versions, perhaps spurred by NHTSA’s 

reclassification of 2WD SUVs as 

passenger cars. Both of these 

mechanisms will be addressed further 

below. Some commenters also discussed 

EPA authority under the CAA to set 

backstops,69 agreeing with EPA’s 

analysis that section 202(a) allows such 

standards since EPA has wide discretion 

under that section to craft standards. 

The following organizations opposed 

a backstop: Alliance of Automobile 

Manufacturers (AAM), Association of 

International Automobile Manufacturers 

(AIAM), Ford Motor Company, National 

Automobile Dealers Association 

(NADA), Toyota Motor Company, and 

the United Auto Workers Union. 

Commenters stating that additional 

backstops would not be necessary 

disagreed that upsizing was likely,70

and emphasized the anti-backsliding 

characteristics of the target curves. 

Others argued that universal absolute 

standards as backstops could restrict 

consumer choice of vehicles. 

Commenters making legal arguments 

under EPCA/EISA71 stated that 

Congress’ silence regarding backstops 

for imported passenger cars and light 

trucks should be construed as a lack of 

authority for NHTSA to create further 

backstops. Commenters making legal 

arguments under the CAA72 focused on 

the lack of clear authority under the 

CAA to create multiple GHG emissions 

standards for the same fleets of vehicles 

based on the same statutory criteria, and 

opposed EPA taking steps that would 

reduce harmonization with NHTSA in 

standard setting. Furthermore, AIAM 

indicated that EISA’s requirement that 

the combined (car and truck) fuel 

economy level reach at least 35 mpg by 

mstockstill on DSKB9S0YB1PROD with RULES2

Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 25369 

73NHTSA and EPA agree with AIAM that the 

EISA 35 mpg requirement in MY 2020 has a 

backstop-like function, in that it requires a certain 

level of achieved fleetwide fuel economy by a 

certain date, although it is not literally a backstop 

standard. Considering that NHTSA’s MY 2011 

CAFE standards increased projected average fuel 

economy requirements (relative to the MY 2010 

standards) at a significantly faster rate than would 

be required to achieve the 35-in-2020 requirement, 

and considering that the standards being finalized 

today would increase projected average combined 

fuel economy requirements to 34.1 mpg in MY 

2016, four years before MY 2020, the agencies 

believe that the U.S. vehicle market would have to 

shift in highly unexpected ways in order to put the 

35-in-2020 requirement at risk, even despite the fact 

that due to the attribute-based standards, average 

fuel economy requirements will vary depending on 

the mix of vehicles produced for sale in the U.S. 

in each model year. The agencies further emphasize 

that both NHTSA and EPA plan to conduct and 

document retrospective analyses to evaluate how 

the market’s evolution during the rulemaking 

timeframe compares with the agencies’ forecasts 

employed for this rulemaking. Additionally, we 

emphasize that both agencies have the authority, 

given sufficient lead time, to revise their standards 

upwards if necessary to avoid missing the 35-in2020 requirement. 

74Schade. 

75For reference, NHTSA’s March 2009 final rule 

establishing MY 2011 CAFE standards was based on 

a forecast that passenger cars would represent 57.6 

percent of the MY 2011 fleet, and that MY 2011 

passenger cars and light trucks would average 45.6 

square feet (sf) and 55.1 sf, respectively, such that 

average required CAFE levels would be 30.2 mpg, 

24.1 mpg, and 27.3 mpg, respectively, for passenger 

cars, light trucks, and the overall light-duty fleet. 

Based on the agencies’ current market forecast, even 

as soon as MY 2011, passenger cars will comprise 

a larger share (59.2 percent) of the light vehicle 

market; passenger cars and light trucks will, on 

average, be smaller by 0.5 sf and 1.3 sf, respectively; 

and average required CAFE levels will be higher by 

0.2 mpg, 0.3 mpg, and 0.3 mpg, respectively, for 

passenger cars, light trucks, and the overall lightduty fleet. 

76Based on estimated standards presented in 

Tables III.B.1–1 and III.B.1–2. 

2020 itself constitutes a backstop.73 One 

individual 74 commented that while 

additional backstop standards might be 

necessary given optimism of fleet mix 

assumptions, both agencies’ authorities 

would probably need to be revised by 

Congress to clarify that backstop 

standards (whether for individual fleets 

or for the national fleet as a whole) were 

permissible. 

In response, EPA and NHTSA remain 

confident that their projections of the 

future fleet mix are reliable, and that 

future changes in the fleet mix of 

footprints and sales are not likely to 

lead to more than modest changes in 

projected emissions reductions or fuel 

savings.75 Both agencies thus remain 

confident in these fleet projections and 

the resulting emissions reductions and 

fuel savings from the standards. As 

explained in Section II.B above, the 

agencies’ projections of the future fleet 

are based on the most transparent 

information currently available to the 

agencies. In addition, there are only a 

relatively few model years at issue. 

Moreover, market trends today are 

consistent with the agencies’ estimates, 

showing shifts from light trucks to 

passenger cars and increased emphasis 

on fuel economy from all vehicles. 

Finally, the shapes of the curves, 

including the ‘‘flattening’’ at the largest 

footprint values, tend to avoid or 

minimize regulatory incentives for 

manufacturers to upsize their fleet to 

change their compliance burden. Given 

the way the curves are fit to the data 

points (which represent vehicle models’ 

fuel economy mapped against their 

footprint), the agencies believe that 

there is little real benefit to be gained by 

a manufacturer upsizing their vehicles. 

As discussed above, the agencies’ 

analysis indicates that, for passenger car 

models with footprints falling between 

the two flattened portions of the 

corresponding curve, the actual slope of 

fuel economy with respect to footprint, 

if fit to that data by itself, is about 27 

percent steeper than the curve the 

agencies are promulgating today. This 

difference suggests that manufacturers 

would, if anything, have more to gain by 

reducing vehicle footprint than by 

increasing vehicle footprint. For light 

trucks, the agencies’ analysis indicates 

that, for models with footprints falling 

between the two flatted portions of the 

corresponding curve, the slope of fuel 

economy with respect to footprint is 

nearly identical to the curve the 

agencies are promulgating today. This 

suggests that, within this range, 

manufacturers would typically have 

little incentive to either incrementally 

increase or reduce vehicle footprint. The 

agencies recognize that based on 

economic and consumer demand factors 

that are external to this rule, the 

distribution of footprints in the future 

may be different (either smaller or 

larger) than what is projected in this 

rule. However, the agencies continue to 

believe that there will not be significant 

shifts in this distribution as a direct 

consequence of this rule. 

At the same time, adding another 

backstop standard would have virtually 

no effect if the standard was weak, but 

a more stringent backstop could 

compromise the objectives served by 

attribute-based standards—that they 

distribute compliance burdens more 

equally among manufacturers, and at 

the same time encourage manufacturers 

to apply fuel-saving technologies rather 

than simply downsizing their vehicles, 

as they did in past decades under flat 

standards. This is why Congress 

mandated attribute-based CAFE 

standards in EISA. This compromise in 

objectives could occur for any 

manufacturer whose fleet average was 

above the backstop, irrespective of why 

they were above the backstop and 

irrespective of whether the industry as 

a whole was achieving the emissions 

and fuel economy benefits projected for 

the final standards, the problem the 

backstop is supposed to address. For 

example, the projected industry wide 

level of 250 gm/mile for MY 2016 is 

based on a mix of manufacturer levels, 

ranging from approximately 205 to 315 

gram/mile 76 but resulting in an industry 

wide basis in a fleet average of 250 gm/ 

mile. Unless the backstop was at a very 

weak level, above the high end of this 

range, then some percentage of 

manufacturers would be above the 

backstop even if the performance of the 

entire industry remains fully consistent 

with the emissions and fuel economy 

levels projected for the final standards. 

For these manufacturers and any other 

manufacturers who were above the 

backstop, the objectives of an attribute 

based standard would be compromised 

and unnecessary costs would be 

imposed. This could directionally 

impose increased costs for some 

manufacturers. It would be difficult if 

not impossible to establish the level of 

a backstop standard such that costs are 

likely to be imposed on manufacturers 

only when there is a failure to achieve 

the projected reductions across the 

industry as a whole. An example of this 

kind of industry wide situation could be 

when there is a significant shift to larger 

vehicles across the industry as a whole, 

or if there is a general market shift from 

cars to trucks. The problem the agencies 

are concerned about in those 

circumstances is not with respect to any 

single manufacturer, but rather is based 

on concerns over shifts across the fleet 

as a whole, as compared to shifts in one 

manufacturer’s fleet that may be more 

than offset by shifts the other way in 

another manufacturer’s fleet. However, 

in this respect, a traditional backstop 

acts as a manufacturer specific standard. 

The concept of a ratchet mechanism 

recognizes this problem, and would 

impose the new more stringent standard 

only when the problem arises across the 

industry as a whole. While the new 

more stringent standards would enter 

into force automatically, any such 

standards would still need to provide 

adequate lead time for the 

manufacturers. Given the limited 

number of model years covered by this 

rulemaking and the short lead-time 

already before the 2012 model year, a 

ratchet mechanism in this rulemaking 

that would automatically tighten the 

standards at some point after model year 

2012 is finished and apply the new 

more stringent standards for model 

mstockstill on DSKB9S0YB1PROD with RULES2

25370 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 

77We note that NHTSA’s recent clarification of 

the light truck definitions has significantly reduced 

the potential for gaming, and resulted in the 

reclassification of over a million vehicles from the 

light truck to the passenger car fleet. 78 Increasing the GVWR of a light truck (assuming 

this was the only goal) can be accomplished in a 

number of ways, and must include consideration of: 

(1) Redesign of wheel axles; (2) improving the 

vehicle suspension; (3) changes in tire specification 

(which will likely affect ride quality); (4) vehicle 

dynamics development (especially with vehicles 

equipped with electronic stability control); and (5) 

brake redesign. Depending on the vehicle, some of 

these changes may be easier or more difficult than 

others. 

79For example, since many 2WD SUVs are 

classified as passenger cars, manufacturers have 

already warned that high car standards relative to 

truck standards could create an incentive for them 

to drop the 2WD version and sell only the 4WD 

version. 

years 2016 or earlier, would fail to 

provide adequate lead time for any new, 

more stringent standards 

Additionally, we do not believe that 

the risk of vehicle upsizing or changing 

vehicle offerings to ‘‘game’’ the 

passenger car and light truck definitions 

is as great as commenters imply for the 

model years in question.77 The changes 

that commenters suggest manufacturers 

might make are neither so simple nor so 

likely to be accepted by consumers. For 

example, 4WD versions of vehicles tend 

to be more expensive and, other things 

being equal, have inherently lower fuel 

economy than their 2WD equivalent 

models. Therefore, although there is a 

market for 4WD vehicles, and some 

consumers might shift from 2WD 

vehicles to 4WD vehicles if 4WD 

becomes available at little or no extra 

cost, many consumers still may not 

desire to purchase 4WD vehicles 

because of concerns about cost premium 

and additional maintenance 

requirements; conversely, many 

manufacturers often require the 2WD 

option to satisfy demand for base 

vehicle models. Additionally, increasing 

the footprint of vehicles requires 

platform changes, which usually 

requires a product redesign phase (the 

agencies estimate that this occurs on 

average once every 5 years for most 

models). Alternatively, turning many 

2WD SUVs into 2WD light trucks would 

require manufacturers to squeeze a third 

row of seats in or significantly increase 

their GVWR, which also requires a 

significant change in the vehicle.78 The 

agencies are confident that the 

anticipated increases in average fuel 

economy and reductions in average CO2

emission rates can be achieved without 

backstops under EISA or the CAA. As 

noted above, the agencies plan to 

conduct retrospective analysis to 

monitor progress. Both agencies have 

the authority to revise standards if 

warranted, as long as sufficient lead 

time is provided. 

The agencies acknowledge that the 

MY 2016 fleet emissions and fuel 

economy goals of 250 g/mi and 34.1 

mpg for EPA and NHTSA respectively 

are estimates and not standards (the MY 

2012–2016 curves are the standards). 

Changes in fuel prices, consumer 

preferences, and/or vehicle survival and 

mileage accumulation rates could result 

in either smaller or larger oil and GHG 

savings. As explained above and 

elsewhere in the rule, the agencies 

believe that the possibility of not 

meeting (or, alternatively, exceeding) 

fuel economy and emissions goals 

exists, but is not likely. Given this, and 

given the potential complexities in 

designing an appropriate backstop, the 

agencies believe the balance here points 

to not adopting additional backstops at 

this time for the MYs 2012–2016 

standards other than NHTSA’s 

finalizing of the ones required by EPCA/ 

EISA for domestic passenger cars. 

Nevertheless, the agencies recognize 

there are many factors that are 

inherently uncertain which can affect 

projections in the future, including fuel 

price and other factors which are 

unrelated to the standards contained in 

this final rule. Such factors can affect 

consumer preferences and are difficult 

to predict. At this time and based on the 

available information, the agencies have 

not included a backstop for model years 

2012–2016. However, if circumstances 

change in the future in unanticipated 

ways, the agencies may revisit the issue 

of a backstop in the context of a future 

rulemaking either for model years 2012– 

2016 or as needed for standards for 

model years beyond 2016. This issue 

will be discussed further in Sections III 

and IV. 

D. Relative Car-Truck Stringency 

The agencies proposed fleetwide 

standards with the projected levels of 

stringency of 34.1 mpg or 250 g/mi in 

MY 2016 (as well as the corresponding 

intermediate year fleetwide standards) 

for NHTSA and EPA respectively. To 

determine the relative stringency of 

passenger car and light truck standards 

for those model years, the agencies were 

concerned that increasing the difference 

between the car and truck standards 

(either by raising the car standards or 

lowering the truck standards) could 

encourage manufacturers to build fewer 

cars and more trucks, likely to the 

detriment of fuel economy and CO2

reductions.79 In order to maintain 

consistent car/truck standards, the 

agencies applied a constant ratio 

between the estimated average required 

performance under the passenger car 

and light truck standards, in order to 

maintain a stable set of incentives 

regarding vehicle classification. 

To calculate relative car-truck 

stringency for the proposal, the agencies 

explored a number of possible 

alternatives, and for the reasons 

described in the proposal used the 

Volpe model in order to estimate 

stringencies at which net benefits would 

be maximized. The agencies have 

followed the same approach in 

calculating the relative car-truck 

stringency for the final standards 

promulgated today. Further details of 

the development of this approach can be 

found in Section IV of this preamble as 

well as in NHTSA’s RIA and EIS. 

NHTSA examined passenger car and 

light truck standards that would 

produce the proposed combined average 

fuel economy levels from Table I.B.2–2 

above. NHTSA did so by shifting 

downward the curves that maximize net 

benefits, holding the relative stringency 

of passenger car and light truck 

standards constant at the level 

determined by maximizing net benefits, 

such that the average fuel economy 

required of passenger cars remained 31 

percent higher than the average fuel 

economy required of light trucks. This 

methodology resulted in the average 

fuel economy levels for passenger cars 

and light trucks during MYs 2012–2016 

as shown in Table I.B.1–1. The 

following chart illustrates this 

methodology of shifting the standards 

from the levels maximizing net benefits 

to the levels consistent with the 

combined fuel economy standards in 

this final rule. 

BILLING CODE 6560–50–P 

mstockstill on DSKB9S0YB1PROD with RULES2

Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 25371 

80We assume slightly higher A/C penetration in 

2012 than was assumed in the proposal only to 

Continued 

BILLING CODE 6560–50–C 

The final car and truck standards for 

EPA (Table I.B.1–4 above) were 

subsequently determined by first 

converting the average required fuel 

economy levels to average required CO2

emission rates, and then applying the 

expected air conditioning credits for 

2012–2016. These A/C credits are 

shown in the following table. Further 

details of the derivation of these factors 

can be found in Section III of this 

preamble or in the EPA RIA. 


mstockstill on DSKB9S0YB1PROD with RULES2ER07MY10.013</GPH>
25372 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 

correct for rounding that occurred in the curve 

setting process. 

81As NHTSA explained in the NPRM, the 

Conference Report for EPCA, as enacted in 1975, 

makes clear, and the case law affirms, ‘‘a 

determination of maximum feasible average fuel 

economy should not be keyed to the single 

manufacturer which might have the most difficulty 

achieving a given level of average fuel economy.’’ 

CEI–I, 793 F.2d 1322, 1352 (D.C. Cir. 1986). Instead, 

NHTSA is compelled ‘‘to weigh the benefits to the 

nation of a higher fuel economy standard against 

the difficulties of individual automobile 

manufacturers.’’ Id. The law permits CAFE 

standards exceeding the projected capability of any 

particular manufacturer as long as the standard is 

economically practicable for the industry as a 

whole. Similarly, EPA is afforded great discretion 

under section 202(a) of the CAA to balance issues 

of technical feasibility, cost, adequacy of lead time, 

and safety, and certainly is not required to do so 

in a manner that imposes regulatory obligations 

uniformly on each manufacturer. See NRDC v. EPA, 

655 F. 2d 318, 322, 328 (D.C. Cir. 1981) (wide 

discretion afforded by the statutory factors, and 

EPA predictions of technical feasibility afforded 

considerable discretion subject to constraints of 

reasonableness EPA predictions of technical 

feasibility afforded considerable discretion subject 

to constraints of reasonableness); and cf. 

International Harvester Co. v. Ruckelshaus, 479 F. 

2d 615, 640 (D.C. Cir. 1973) (‘‘as long as feasible 

technology permits the demand for new passenger 

automobiles to be generally met, the basic 

requirements of the Act would be satisfied, even 

though this might occasion fewer models and a 

more limited choice of engine types’’). 

TABLE II.D–1 EXPECTED FLEET A/C CREDITS (IN CO2 EQUIVALENT g/mi) FROM 2012–2016 

Average 

technology 

penetration 

(%) 

Average credit 

for cars 

Average credit 

for trucks 

Average credit 

for combined 

fleet 

2012 ................................................................................................................. 80 28 3.4 3.8 3.5 

2013 ................................................................................................................. 40 4.8 5.4 5.0 

2014 ................................................................................................................. 60 7.2 8.1 7.5 

2015 ................................................................................................................. 80 9.6 10.8 10.0 

2016 ................................................................................................................. 85 10.2 11.5 10.6 

The agencies sought comment on the 

use of this methodology for 

apportioning the fleet stringencies to 

relative car and truck standards for 

2012–2016. General Motors commented 

that, compared to the passenger car 

standard, the light truck standard is too 

stringent because ‘‘the most fuel efficient 

cars and small trucks already meet the 

2016 MY requirements’’ but ‘‘the most 

fuel efficient large trucks must increase 

fuel economy by 20 percent to meet the 

2016 MY requirements.’’ GM 

recommended that the agencies relax 

stringency specifically for large pickups, 

such as the Silverado. 

The agencies disagree with the 

premise of the comment that the 

standard is too stringent under the 

applicable statutory provisions because 

some existing large trucks are not 

already meeting a later model year 

standard. Our analysis shows that the 

standards are not too stringent for 

manufacturers selling these vehicles. 

The agencies’ analyses demonstrate a 

means by which manufacturers could 

apply cost-effective technologies in 

order to achieve the standards, and we 

have provided adequate lead time for 

the technology to be applied. More 

important, the agencies’ analysis 

demonstrate that the fleetwide emission 

standards for MY 2016 are technically 

feasible, for example by implementing 

technologies such as engine downsizing, 

turbocharging, direct injection, 

improving accessories and tire rolling 

resistance, etc. 

GM did not comment on the use of 

the methodology applied by the 

agencies to develop the gap between the 

passenger car and light truck 

standards—only on the outcome of the 

methodology. For the reasons discussed 

below, the agencies maintain that the 

methodology applied above provides an 

appropriate basis to determine the gap 

between the passenger car and light 

truck standards, and disagree with GM’s 

arguments that the outcome is unfair. 

First, GM’s argument incorrectly 

suggests that every individual vehicle 

model must achieve its fuel economy 

and emissions targets. CAFE standards 

and new GHG emissions standards 

apply to fleetwide average performance, 

not model-specific performance, even 

though average required levels are based 

on average model-specific targets, and 

the agencies’ analysis demonstrates that 

GM and other manufacturers of large 

trucks can cost-effectively comply with 

the new standards. 

Second, GM implies that every 

manufacturer must be challenged 

equally with respect to fuel economy 

and emissions. Although NHTSA and 

EPA maintain that attribute-based CAFE 

and GHG emissions standards can more 

evenly balance compliance challenges, 

attribute-based standards are not 

intended to and cannot make these 

challenges equal, and while the agencies 

are mindful of the potential impacts of 

the standards on the relative 

competitiveness of different vehicle 

manufacturers, there is nothing in EPCA 

or the CAA 81 requiring that these 

challenges be equal. 

We have also already addressed and 

rejected GM’s suggestion of shifting the 

‘‘cut off’’ point for light trucks from 66 

square feet to 72 square feet, thereby 

‘‘dropping the floor’’ of the target 

function for light trucks. As discussed 

in the preceding section, this is so as not 

to forego the rules’ energy and 

environmental benefits, and because 

there is little or no safety basis to 

discourage downsizing of the largest 

light trucks. 

Finally, NHTSA and EPA disagree 

with GM’s claim that the outcome of the 

agencies’ approach is unfairly 

burdensome for light trucks as 

compared to passenger cars. Based on 

the agencies’ market forecast, NHTSA’s 

analysis indicates that incremental 

technology outlays could, on average, be 

comparable for passenger cars and light 

trucks under the final CAFE standards, 

and further indicates that the ratio of 

total benefits to total costs could be 

greater under the final light truck 

standards than under the final passenger 

car standards. 

E. Joint Vehicle Technology 

Assumptions 

Vehicle technology assumptions, i.e., 

assumptions about technologies’ cost, 

effectiveness, and the rate at which they 

can be incorporated into new vehicles, 

are often controversial as they have a 

significant impact on the levels of the 

standards. The agencies must, therefore, 

take great care in developing and 

justifying these estimates. In developing 

technology inputs for the analysis of the 

MY 2012–2016 standards, the agencies 

reviewed the technology assumptions 

that NHTSA used in setting the MY 

2011 standards, the comments that 

NHTSA received in response to its May 

2008 Notice of Proposed Rulemaking 

(NPRM), and the comments received in 

response to the NPRM for this rule. This 

review is consistent with the request by 

President Obama in his January 26 

memorandum to DOT. In addition, the 

agencies reviewed the technology input 

mstockstill on DSKB9S0YB1PROD with RULES2

Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 25373 

estimates identified in EPA’s July 2008 

Advance Notice of Proposed 

Rulemaking. The review of these 

documents was supplemented with 

updated information from more current 

literature, new product plans from 

manufacturers, and from EPA 

certification testing. 

As a general matter, EPA and NHTSA 

believe that the best way to derive 

technology cost estimates is to conduct 

real-world tear down studies. Most of 

the commenters on this issue agreed. 

The advantages not only lie in the rigor 

of the approach, but also in its 

transparency. These studies break down 

each technology into its respective 

components, evaluate the costs of each 

component, and build up the costs of 

the entire technology based on the 

contribution of each component and the 

processes required to integrate them. As 

such, tear down studies require a 

significant amount of time and are very 

costly. EPA has been conducting tear 

down studies to assess the costs of 

vehicle technologies under a contract 

with FEV. Further details for this 

methodology is described below and in 

the TSD. 

Due to the complexity and time 

incurred in a tear down study, only a 

few technologies evaluated in this 

rulemaking have been costed in this 

manner thus far. The agencies 

prioritized the technologies to be costed 

first based on how prevalent the 

agencies believed they might be likely to 

be during the rulemaking time frame, 

and based on their anticipated costeffectiveness. The agencies believe that 

the focus on these important 

technologies (listed below) is sufficient 

for the analysis in this rule, but EPA is 

continuing to analyze more technologies 

beyond this rule as part of studies both 

already underway and in the future. For 

most of the other technologies, because 

tear down studies were not yet 

available, the agencies decided to 

pursue, to the extent possible, the Bill 

of Materials (BOM) approach as 

outlined in NHTSA’s MY 2011 final 

rule. A similar approach was used by 

EPA in the EPA 2008 Staff Technical 

Report. This approach was 

recommended to NHTSA by Ricardo, an 

international engineering consulting 

firm retained by NHTSA to aid in the 

analysis of public comments on its 

proposed standards for MYs 2011–2015 

because of its expertise in the area of 

fuel economy technologies. A BOM 

approach is one element of the process 

used in tear down studies. The 

difference is that under a BOM 

approach, the build up of cost estimates 

is conducted based on a review of cost 

and effectiveness estimates for each 

component from available literature, 

while under a tear down study, the cost 

estimates which go into the BOM come 

from the tear down study itself. To the 

extent that the agencies departed from 

the MY 2011 CAFE final rule estimates, 

the agencies explained the reasons and 

provided supporting analyses in the 

Technical Support Document. 

Similarly, the agencies followed a 

BOM approach for developing the 

technology effectiveness estimates, 

insofar as the BOM developed for the 

cost estimates helped to inform the 

appropriate effectiveness values derived 

from the literature review. The agencies 

supplemented the information with 

results from available simulation work 

and real world EPA certification testing. 

The agencies would also like to note 

that per the Energy Independence and 

Security Act (EISA), the National 

Academies of Sciences has been 

conducting a study for NHTSA to 

update Chapter 3 of their 2002 NAS 

Report, which presents technology 

effectiveness estimates for light-duty 

vehicles. The update takes a fresh look 

at that list of technologies and their 

associated cost and effectiveness values. 

The updated NAS report was expected 

to be available on September 30, 2009, 

but has not been completed and 

released to the public. The results from 

this study thus are unavailable for this 

rulemaking. The agencies look forward 

to considering the results from this 

study as part of the next round of 

rulemaking for CAFE/GHG standards. 

1. What technologies did the agencies 

consider? 

The agencies considered over 35 

vehicle technologies that manufacturers 

could use to improve the fuel economy 

and reduce CO2 emissions of their 

vehicles during MYs 2012–2016. The 

majority of the technologies described 

in this section are readily available, well 

known, and could be incorporated into 

vehicles once production decisions are 

made. 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 the next few years. 

These are technologies which can, for 

the most part, be applied both to cars 

and trucks, and which are capable of 

achieving significant improvements in 

fuel economy and reductions in CO2

emissions, at reasonable costs. The 

agencies did not consider technologies 

in the research stage because the lead 

time available for this rule is not 

sufficient to move most of these 

technologies from research to 

production. 

The technologies considered in the 

agencies’ analysis are briefly described 

below. They fall into five broad 

categories: Engine technologies, 

transmission technologies, vehicle 

technologies, electrification/accessory 

technologies, and hybrid technologies. 

For a more detailed description of each 

technology and their costs and 

effectiveness, we refer the reader to 

Chapter 3 of the Joint TSD, Chapter III 

of NHTSA’s FRIA, and Chapter 1 of 

EPA’s final RIA. Technologies to reduce 

CO2 and HFC emissions from air 

conditioning systems are discussed in 

Section III of this preamble and in EPA’s 

final RIA. 

Types of engine technologies that 

improve fuel economy and reduce CO2

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 achieved through lowtension 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 subsystems that 

improve engine operation. 

• Conversion to dual overhead cam 

with dual cam phasing—as applied to 

overhead valves designed to increase 

the air flow with more than two valves 

per cylinder and reduce pumping 

losses. 

• Cylinder deactivation—deactivates 

the intake and exhaust valves and 

prevents fuel injection into some 

cylinders during light-load operation. 

The engine runs temporarily as though 

it were a smaller engine which 

substantially reduces pumping losses. 

• 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. 

• Discrete variable valve lift— 

increases efficiency by optimizing air 

flow over a broader range of engine 

operation which reduces pumping 

losses. Accomplished by controlled 

switching between two or more cam 

profile lobe heights. 

• Continuous variable valve lift—is 

an electromechanically controlled 

system in which valve timing is 

changed as lift height is controlled. This 

yields a wide range of performance 

mstockstill on DSKB9S0YB1PROD with RULES2

25374 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 

optimization and volumetric efficiency, 

including enabling the engine to be 

valve throttled. 

• Stoichiometric gasoline directinjection technology—injects fuel at 

high pressure directly into the 

combustion chamber to improve cooling 

of the air/fuel charge within the 

cylinder, which allows for higher 

compression ratios and increased 

thermodynamic efficiency. 

• Combustion restart—can be used in 

conjunction with gasoline directinjection systems to enable idle-off or 

start-stop functionality. Similar to other 

start-stop technologies, additional 

enablers, such as electric power 

steering, accessory drive components, 

and auxiliary oil pump, might be 

required. 

• Turbocharging and downsizing— 

increases the available airflow and 

specific power level, allowing a reduced 

engine size while maintaining 

performance. This reduces pumping 

losses at lighter loads in comparison to 

a larger engine. 

• Exhaust-gas recirculation boost— 

increases the exhaust-gas recirculation 

used in the combustion process to 

increase thermal efficiency and reduce 

pumping losses. 

• Diesel engines—have several 

characteristics that give superior fuel 

efficiency, including reduced pumping 

losses due to lack of (or greatly reduced) 

throttling, and a combustion cycle that 

operates at a higher compression ratio, 

with a very lean air/fuel mixture, 

relative to an equivalent-performance 

gasoline engine. This technology 

requires additional enablers, such as 

NOX trap catalyst after-treatment or 

selective catalytic reduction NOX aftertreatment. The cost and effectiveness 

estimates for the diesel engine and 

aftertreatment system utilized in this 

final rule have been revised from the 

NHTSA MY 2011 CAFE final rule. 

Additionally, the diesel technology 

option has been made available to small 

cars in the Volpe and OMEGA models. 

Though this is not expected to make a 

significant difference in the modeling 

results, the agencies agreed with the 

commenters that supported such a 

revision. 

Types 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 to enable the engine to 

operate in a more efficient operating 

range over a broader range of vehicle 

operating conditions. 

• Dual clutch or automated shift 

manual transmissions—are similar to 

manual transmissions, but the vehicle 

controls shifting and launch functions. 

A dual-clutch automated shift manual 

transmission uses separate clutches for 

even-numbered and odd-numbered 

gears, so the next expected gear is preselected, which allows for faster and 

smoother shifting. 

• Continuously variable 

transmission—commonly uses Vshaped pulleys connected by a metal 

belt rather than gears to provide ratios 

for operation. Unlike manual and 

automatic transmissions with fixed 

transmission ratios, continuously 

variable transmissions can provide fully 

variable and an infinite number of 

transmission ratios that enable the 

engine to operate in a more efficient 

operating range over a broader range of 

vehicle operating conditions. 

• Manual 6-speed transmission— 

offers an additional gear ratio, often 

with a higher overdrive gear ratio, than 

a 5-speed manual transmission. 

Types of vehicle technologies 

considered include: 

• Low-rolling-resistance tires—have 

characteristics that reduce frictional 

losses associated with the energy 

dissipated in the deformation of the 

tires under load, thereby improving fuel 

economy and reducing CO2 emissions. 

• Low-drag brakes—reduce the 

sliding friction of disc brake pads on 

rotors when the brakes are not engaged 

because the brake pads are pulled away 

from the rotors. 

• Front or secondary axle disconnect 

for four-wheel drive systems—provides 

a torque distribution disconnect 

between front and rear axles when 

torque is not required for the nondriving axle. This results in the 

reduction of associated parasitic energy 

losses. 

• Aerodynamic drag reduction—is 

achieved by 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 variety of techniques 

ranging from improved design and 

better component integration to 

application of lighter and higherstrength materials. Mass reduction is 

further compounded by reductions in 

engine power and ancillary systems 

(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 many techniques that 

automotive suppliers and manufacturers 

are using to achieve the levels of this 

technology that the agencies have 

modeled in our analysis for the final 

standards. 

Types of electrification/accessory and 

hybrid technologies considered include: 

• Electric power steering (EPS)—is an 

electrically-assisted steering system that 

has advantages over traditional 

hydraulic power steering because it 

replaces a continuously operated 

hydraulic pump, thereby reducing 

parasitic losses from the accessory 

drive. 

• Improved accessories (IACC)—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. The latter is covered 

explicitly within the A/C credit 

program. 

• Air Conditioner Systems—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 CO2 emissions as a 

result of A/C use. These technologies 

are discussed later in this preamble and 

covered separately in the EPA RIA. 

• 12-volt micro-hybrid (MHEV)—also 

known as idle-stop or start-stop and 

commonly implemented as a 12-volt 

belt-driven integrated starter-generator, 

this is the most basic hybrid system that 

facilitates idle-stop capability. Along 

with other enablers, this system replaces 

a common alternator with a belt-driven 

enhanced power starter-alternator, and a 

revised accessory drive system. 

• Higher Voltage Stop-Start/Belt 

Integrated Starter Generator (BISG)— 

provides idle-stop capability and uses a 

higher voltage battery with increased 

energy capacity over typical automotive 

batteries. The higher system voltage 

allows the use of a smaller, more 

powerful electric motor. This system 

replaces a standard alternator with an 

enhanced power, higher voltage, higher 

efficiency starter-alternator, that is belt 

driven and that can recover braking 

energy while the vehicle slows down 

(regenerative braking). 

• Integrated Motor Assist (IMA)/ 

Crank integrated starter generator 

(CISG)—provides idle-stop capability 

and uses a high voltage battery with 

increased energy capacity over typical 

automotive batteries. The higher system 

voltage allows the use of a smaller, more 

mstockstill on DSKB9S0YB1PROD with RULES2

Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 25375 

82EPA–420–R–09–020; EPA docket number EPA– 

HQ–OAR–2009–0472–11282 and 11285. 

83 ‘‘Binning of FEV Costs to GDI, Turbo-charging, 

and Engine Downsizing,’’ memorandum to Docket 

EPA–HQ–OAR–2009–0472, from Michael Olechiw, 

U.S. EPA, dated March 25, 2010. 

84Burden costs include the following fixed and 

variable costs: Rented and leased equipment; 

manufacturing equipment depreciation; plant office 

equipment depreciation; utilities expense; 

insurance (fire and general); municipal taxes; plant 

floor space (equipment and plant offices); 

maintenance of manufacturing equipment—nonlabor; maintenance of manufacturing building— 

general, internal and external, parts, and labor; 

operating supplies; perishable and supplier-owned 

tooling; all other plant wages (excluding direct, 

indirect and MRO labor); returnable dunnage 

maintenance; and intra-company shipping costs 

(see EPA–HQ–OAR–2009–0472–0149). 

85 ‘‘Binning of FEV Costs to GDI, Turbo-charging, 

and Engine Downsizing,’’ memorandum to Docket 

EPA–HQ–OAR–2009–0472, from Michael Olechiw, 

U.S. EPA, dated March 25, 2010. 

powerful electric motor and reduces the 

weight of the wiring harness. This 

system replaces a standard alternator 

with an enhanced power, higher 

voltage, higher efficiency starteralternator that is crankshaft mounted 

and can recover braking energy while 

the vehicle slows down (regenerative 

braking). 

• 2-mode hybrid (2MHEV)—is a 

hybrid electric drive system that uses an 

adaptation of a conventional steppedratio automatic transmission by 

replacing some of the transmission 

clutches with two electric motors that 

control the ratio of engine speed to 

vehicle speed, while clutches allow the 

motors to be bypassed. This improves 

both the transmission torque capacity 

for heavy-duty applications and reduces 

fuel consumption and CO2 emissions at 

highway speeds relative to other types 

of hybrid electric drive systems. 

• Power-split hybrid (PSHEV)—a 

hybrid electric drive system that 

replaces the traditional transmission 

with a single planetary gearset and a 

motor/generator. This motor/generator 

uses the engine to either charge the 

battery or supply additional power to 

the drive motor. A second, more 

powerful motor/generator is 

permanently connected to the vehicle’s 

final drive and always turns with the 

wheels. The planetary gear splits engine 

power between the first motor/generator 

and the drive motor to either charge the 

battery or supply power to the wheels. 

• Plug-in hybrid electric vehicles 

(PHEV)—are hybrid electric vehicles 

with the means to charge their battery 

packs from an outside source of 

electricity (usually the electric grid). 

These vehicles have larger battery packs 

with more energy storage and a greater 

capability to be discharged than other 

hybrids. They also use a control system 

that allows the battery pack to be 

substantially depleted under electriconly or blended mechanical/electric 

operation. 

• Electric vehicles (EV)—are vehicles 

with all-electric drive and with vehicle 

systems powered by energy-optimized 

batteries charged primarily from grid 

electricity. 

The cost estimates for the various 

hybrid systems have been revised from 

the estimates used in the MY 2011 

CAFE final rule, in particular with 

respect to estimated battery costs. 

2. How did the agencies determine the 

costs and effectiveness of each of these 

technologies? 

As mentioned above, EPA and 

NHTSA believe that the best way to 

derive technology cost estimates is to 

conduct real-world tear down studies. 

To date, the costs of the following five 

technologies have been evaluated with 

respect to their baseline (or replaced) 

technologies. For these technologies 

noted below, the agencies relied on the 

tear down data available and scaling 

methodologies used in EPA’s ongoing 

study with FEV. Only the cost estimate 

for the first technology on the list below 

was used in the NPRM. The others were 

completed subsequent to the 

publication of the NPRM. 

1. Stoichiometric gasoline direct 

injection and turbo charging with 

engine downsizing (T–DS) for a large 

DOHC 4 cylinder engine to a small 

DOHC (dual overhead cam) 4 cylinder 

engine. 

2. Stoichiometric gasoline direct 

injection and turbo charging with 

engine downsizing for a SOHC single 

overhead cam) 3 valve/cylinder V8 

engine to a SOHC V6 engine. 

3. Stoichiometric gasoline direct 

injection and turbo charging with 

engine downsizing for a DOHC V6 

engine to a DOHC 4 cylinder engine. 

4. 6-speed automatic transmission 

replacing a 5-speed automatic 

transmission. 

5. 6-speed wet dual clutch 

transmission (DCT) replacing a 6-speed 

automatic transmission. 

This costing methodology has been 

published and gone through a peer 

review.82 Using this tear down costing 

methodology, FEV has developed costs 

for each of the above technologies. In 

addition, FEV and EPA extrapolated the 

engine downsizing costs for the 

following scenarios that were outside of 

the noted study cases:83

1. Downsizing a SOHC 2 valve/ 

cylinder V8 engine to a DOHC V6. 

2. Downsizing a DOHC V8 to a DOHC 

V6. 

3. Downsizing a SOHC V6 engine to 

a DOHC 4 cylinder engine. 

4. Downsizing a DOHC 4 cylinder 

engine to a DOHC 3 cylinder engine. 

The agencies relied on the findings of 

FEV in part for estimating the cost of 

these technologies in this rulemaking. 

However, for some of the technologies, 

NHTSA and EPA modified FEV’s 

estimated costs. FEV made the 

assumption that these technologies 

would be mature when produced in 

large volumes (450,000 units or more). 

The agencies believe that there is some 

uncertainty regarding each 

manufacturer’s near-term ability to 

employ the technology at the volumes 

assumed in the FEV analysis. There is 

also the potential for near term (earlier 

than 2016) supplier-level Engineering, 

Design and Testing (ED&T) costs to be 

in excess of those considered in the FEV 

analysis as existing equipment and 

facilities are converted to production of 

new technologies. The agencies have 

therefore decided to average the FEV 

results with the NPRM values in an 

effort to account for these near-term 

factors. This methodology was done for 

the following technologies: 

1. Converting a port-fuel injected (PFI) 

DOHC I4 to a turbocharged-downsizedstoichiometric GDI DOHC I3. 

2. Converting a PFI DOHC V6 engine 

to a T–DS-stoichiometric GDI DOHC I4. 

3. Converting a PFI SOHC V6 engine 

to a T–DS-stoichiometric GDI DOHC I4. 

4. Converting a PFI DOHC V8 engine 

to a T–DS-stoichiometric GDI DOHC V6. 

5. Converting a PFI SOHC 3V V8 

engine to a T–DS-stoichiometric GDI 

DOHC V6. 

6. Converting a PFI SOHC 2V V8 

engine to a T–DS-stoichiometric GDI 

DOHC V6. 

7. Replacing a 4-speed automatic 

transmission with a 6-speed automatic 

transmission. 

8. Replacing a 5-speed automatic 

transmission with a 6-speed automatic 

transmission. 

9. Replacing a 6-speed automatic 

transmission with a 6-speed wet dual 

clutch transmission. 

For the I4 to Turbo GDI I4 study 

applied in the NPRM, the agencies 

requested from FEV an adjusted cost 

estimate which accounted for these 

uncertainties as an adjustment to the 

base technology burden rate.84 These 

new costs are used in the final rules. 

These details are also further described 

in the memo to the docket.85 The 

confidential information provided by 

manufacturers as part of their product 

plan submissions to the agencies or 

discussed in meetings between the 

agencies and the manufacturers and 

mstockstill on DSKB9S0YB1PROD with RULES2

25376 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 

86EPA Staff Technical Report: Cost and 

Effectiveness Estimates of Technologies Used to 

Reduce Light-Duty Vehicle Carbon Dioxide 

Emissions. EPA420–R–08–008, March 2008. 

87National Research Council, ‘‘Effectiveness and 

Impact of Corporate Average Fuel Economy (CAFE) 

Standards,’’ National Academy Press, Washington, 

DC (2002) (the ‘‘2002 NAS Report’’), available at 

http://www.nap.edu/ 

openbook.php?isbn=0309076013 (last accessed 

August 7, 2009—update). 

88Northeast States Center for a Clean Air Future 

(NESCCAF), ‘‘Reducing Greenhouse Gas Emissions 

from Light-Duty Motor Vehicles,’’ 2004 (the ‘‘2004 

NESCCAF Report’’), available at http:// 

www.nesccaf.org/documents/ 

rpt040923ghglightduty.pdf (last accessed August 7, 

2009—update). 

89 ‘‘Staff Report: Initial Statement of Reasons for 

Proposed Rulemaking, Public Hearing to Consider 

Adoption of Regulations to Control Greenhouse Gas 

Emissions from Motor Vehicles,’’ California 

Environmental Protection Agency, Air Resources 

Board, August 6, 2004. 

90Energy and Environmental Analysis, Inc., 

‘‘Technology to Improve the Fuel Economy of Light 

Duty Trucks to 2015,’’ 2006 (the ‘‘2006 EEA 

Report’’), Docket EPA–HQ–OAR–2009–0472. 

91Martec, ‘‘Variable Costs of Fuel Economy 

Technologies,’’ June 1, 2008, (the ‘‘2008 Martec 

Report’’) available at Docket No. NHTSA–2008– 

0089–0169.1. 

92 Vehicle fuel economy certification data. 

93Confidential data submitted by manufacturers 

in response to the March 2009 and other requests 

for product plans. 

94NHTSA 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. 

95Rogozhin, Alex, Michael Gallaher, and Walter 

McManus, ‘‘Automobile Industry Retail Price 

Equivalent and Indirect Cost Multipliers,’’ EPA 420– 

R–09–003, Docket EPA Docket EPA–HQ–OAR– 

2009–0472–0142, February 2009, http://epa.gov/ 

otaq/ld-hwy/420r09003.pdf; A. Rogozhin et al., 

International Journal of Production Economics 124 

(2010) 360–368, Volume 124, Issue 2, April 2010. 

suppliers served largely as a check on 

publicly-available data. 

For the other technologies, 

considering all sources of information 

(including public comments) and using 

the BOM approach, the agencies worked 

together intensively to determine 

component costs for each of the 

technologies and build up the costs 

accordingly. Where estimates differ 

between sources, we have used our 

engineering judgment to arrive at what 

we believe to be the best available cost 

estimate, and explained the basis for 

that exercise of judgment in the TSD. 

Building on NHTSA’s estimates 

developed for the MY 2011 CAFE final 

rule and EPA’s Advance Notice of 

Proposed Rulemaking, which relied on 

the EPA 2008 Staff Technical Report,86

the agencies took a fresh look at 

technology cost and effectiveness values 

for purposes of the joint rulemaking 

under the National Program. 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 employed in NHTSA’s 

MY 2011 final rule based on 

recommendation from Ricardo, Inc., as 

described above. EPA used a similar 

approach in the EPA 2008 Staff 

Technical Report. A bill of materials, in 

a general sense, is a list of components 

or sub-systems that make up a system— 

in this case, an item of fuel economyimproving technology. In order to 

determine what a system 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. The objective was to use 

those sources of information considered 

to be most credible for projecting the 

costs of individual vehicle technologies. 

For example, while NHTSA and Ricardo 

engineers had relied considerably in the 

MY 2011 final rule on the 2008 Martec 

Report for costing contents of some 

technologies, upon further joint review 

and for purposes of the MY 2012–2016 

standards, the agencies decided that 

some of the costing information in that 

report was no longer accurate due to 

downward trends in commodity prices 

since the publication of that report. The 

agencies reviewed, then revalidated or 

updated cost estimates for individual 

components based on new information. 

Thus, while NHTSA and EPA found 

that much of the cost information used 

in NHTSA’s MY 2011 final rule and 

EPA’s staff report was consistent to a 

great extent, the agencies, in 

reconsidering information from many 

sources,87 88 89 90 91 92 93 revised several 

component costs of several major 

technologies: turbocharging with engine 

downsizing (as described above), mild 

and strong hybrids, diesels, 

stoichiometric gasoline direct injection 

fuel systems, and valve train lift 

technologies. These are discussed at 

length in the Joint TSD and in NHTSA’s 

final RIA. 

Once costs were determined, they 

were adjusted to ensure that they were 

all expressed in 2007 dollars using a 

ratio of GDP values for the associated 

calendar years,94 and indirect costs were 

accounted for using the ICM (indirect 

cost multiplier) approach explained in 

Chapter 3 of the Joint TSD, rather than 

using the traditional Retail Price 

Equivalent (RPE) multiplier approach. A 

report explaining how EPA developed 

the ICM approach can be found in the 

docket for this rule. The comments 

addressing the ICM approach were 

generally positive and encouraging. 

However, one commenter suggested that 

we had mischaracterized the complexity 

of a few of our technologies, which 

would result in higher or lower markups 

than presented in the NPRM. That 

commenter also suggested that we had 

used the ICMs as a means of placing a 

higher level of manufacturer learning on 

the cost estimates. The latter comment 

is not true and the methodology behind 

the ICM approach is explained in detail 

in the reports that are available in the 

docket for this rule.95 The former is 

open to debate given the subjective 

nature of the engineering analysis 

behind it, but upon further thought both 

agencies believe that the complexities 

used in the NPRM were appropriate and 

have, therefore, carried those forward 

into the final rule. We discuss this in 

greater detail in the Response to 

Comments document. 

Regarding estimates for technology 

effectiveness, NHTSA and EPA also 

reexamined the estimates from 

NHTSA’s MY 2011 final rule and EPA’s 

ANPRM and 2008 Staff Technical 

Report, which were largely consistent 

with NHTSA’s 2008 NPRM estimates. 

The agencies also reconsidered other 

sources such as the 2002 NAS Report, 

the 2004 NESCCAF report, recent CAFE 

compliance data (by comparing similar 

vehicles with different technologies 

against each other in fuel economy 

testing, such as a Honda Civic Hybrid 

versus a directly comparable Honda 

Civic conventional drive), 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 based 

on technology hardware consistent with 

the BOM components used to estimate 

costs. The agencies also carefully 

examined the pertinent public 

comments. Together, they compared the 

multiple estimates and assessed their 

validity, taking care to ensure that 

common BOM definitions and other 

vehicle attributes such as performance, 

refinement, and drivability were taken 

into account. However, because the 

agencies’ respective models employ 

different numbers of vehicle subclasses 

and use different modeling techniques 

to arrive at the standards, direct 

comparison of BOMs was somewhat 

more complicated. To address this and 

to confirm that the outputs from the 

different modeling techniques produced 

the same result, NHTSA and EPA 

developed mapping techniques, 

devising technology packages and 

mapping them to corresponding 

incremental technology estimates. This 

approach helped compare the outputs 

mstockstill on DSKB9S0YB1PROD with RULES2

Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 25377 

from the incremental modeling 

technique to those produced by the 

technology packaging approach to 

ensure results that are consistent and 

could be translated into the respective 

models of the agencies. 

In general, most effectiveness 

estimates used in both the MY 2011 

final rule and the 2008 EPA staff report 

were determined to be accurate and 

were carried forward without significant 

change first into the NPRM, and now 

into these final rules. When NHTSA and 

EPA’s estimates for effectiveness 

diverged slightly due to differences in 

how the agencies apply technologies to 

vehicles in their respective models, we 

report the ranges for the effectiveness 

values used in each model. There were 

only a few comments on the technology 

effectiveness estimates used in the 

NPRM. Most of the technologies that 

were mentioned in the comments were 

the more advanced technologies that are 

not assumed to have large penetrations 

in the market within the timeframe of 

this rule, notably hybrid technologies. 

Even if the effectiveness figures for 

hybrid vehicles were adjusted, it would 

have made little difference in the 

NHTSA and EPA analysis of the impacts 

and costs of the rule. The response to 

comments document has more specific 

responses to these comments. 

The agencies note that the 

effectiveness values estimated for the 

technologies considered in the modeling 

analyses may represent average values, 

and do not reflect the enormous 

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 

depending on the baseline vehicle’s oil 

viscosity rating. Similarly, the reduction 

in rolling resistance (and thus the 

improvement in fuel economy and the 

reduction in CO2 emissions) due to the 

application of low rolling resistance 

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 efficiency, safety, and 

performance. Aerodynamic drag 

reduction is much the same—it can 

improve fuel economy and reduce CO2

emissions, but it is also highly 

dependent on vehicle-specific 

functional objectives. For purposes of 

the final standards, NHTSA and EPA 

believe that employing average values 

for technology effectiveness estimates, 

as adjusted depending on vehicle 

subclass, 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 

technology. 

Chapter 3 of the Joint Technical 

Support Document contains a detailed 

description of our assessment of vehicle 

technology cost and effectiveness 

estimates. The agencies note that the 

technology costs included in this final 

rule take into account only those 

associated with the initial build of the 

vehicle. Although comments were 

received to the NPRM that suggested 

there could be additional maintenance 

required with some new technologies 

(e.g., turbocharging, hybrids, etc.), and 

that additional maintenance costs could 

occur as a result, the agencies do not 

believe that the amount of additional 

cost will be significant in the timeframe 

of this rulemaking, based on the 

relatively low application rates for these 

technologies. The agencies will 

undertake a more detailed review of 

these potential costs in preparation for 

the next round of CAFE/GHG standards. 

F. Joint Economic Assumptions 

The agencies’ final analysis of 

alternative CAFE and GHG standards for 

the model years covered by this final 

rulemaking rely on a range of forecast 

information, economic estimates, and 

input parameters. This section briefly 

describes the agencies’ choices of 

specific parameter values. These 

economic values play a significant role 

in determining the benefits of both 

CAFE and GHG standards. 

In reviewing these variables and the 

agency’s estimates of their values for 

purposes of this final rule, NHTSA and 

EPA reconsidered previous comments 

that NHTSA had received, reviewed 

newly available literature, and reviewed 

comments received in response to the 

proposed rule. For this final rule, we 

made three major changes to the 

economic assumptions. First, we revised 

the technology costs to reflect more 

recently available data. Second, we 

updated fuel price and transportation 

demand assumptions to reflect the 

Annual Energy Outlook (AEO) 2010 

Early Release. Third, we have updated 

our estimates of the social cost of carbon 

(SCC) based on a recent interagency 

process. The key economic assumptions 

are summarized below, and are 

discussed in greater detail in Section III 

(EPA) and Section IV (NHTSA), as well 

as in Chapter 4 of the Joint TSD, Chapter 

VIII of NHTSA’s RIA and Chapter 8 of 

EPA’s RIA. 

• Costs of fuel economy-improving 

technologies—These estimates are 

presented in summary form above and 

in more detail in the agencies’ 

respective sections of this preamble, in 

Chapter 3 of the Joint TSD, and in the 

agencies’ respective RIAs. The 

technology cost estimates used in this 

analysis are intended to represent 

manufacturers’ direct costs for highvolume production of vehicles with 

these technologies and sufficient 

experience with their application so that 

all cost reductions due to ‘‘learning 

curve’’ effects have been fully realized. 

Costs are then modified by applying 

near-term indirect cost multipliers 

ranging from 1.11 to 1.64 to the 

estimates of vehicle manufacturers’ 

direct costs for producing or acquiring 

each technology to improve fuel 

economy, depending on the complexity 

of the technology and the time frame 

over which costs are estimated. This 

accounts for both the direct and indirect 

costs associated with implementing new 

technologies in response to this final 

rule. The technology cost estimates for 

a select group of technologies have 

changed since the NPRM. These 

changes, as summarized in Section II.E 

and in Chapter 3 of the Joint TSD, were 

made in response to updated cost 

estimates available to the agencies 

shortly after publication of the NPRM, 

not in response to comments. In general, 

commenters were supportive of the cost 

estimates used in the NPRM and the 

transparency of the methodology used 

to generate them. 

• Potential opportunity costs of 

improved fuel economy—This estimate 

addresses the possibility that achieving 

the fuel economy improvements 

required by alternative CAFE or GHG 

standards would require manufacturers 

to compromise the performance, 

carrying capacity, safety, or comfort of 

their vehicle models. If it did so, the 

resulting sacrifice in the value of these 

attributes to consumers would represent 

an additional cost of achieving the 

required improvements, and thus of 

manufacturers’ compliance with stricter 

standards. Currently the agencies 

assume that these vehicle attributes do 

not change, and include the cost of 

maintaining these attributes as part of 

the cost estimates for technologies. 

However, it is possible that the 

technology cost estimates do not 

include adequate allowance for the 

necessary efforts by manufacturers to 

maintain vehicle performance, carrying 

capacity, and utility while improving 

fuel economy and reducing GHG 

emissions. While, in principle, 

consumer vehicle demand models can 

measure these effects, these models do 

not appear to be robust across 

specifications, since authors derive a 

mstockstill on DSKB9S0YB1PROD with RULES2

25378 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 

96U.S. Environmental Protection Agency, Final 

Technical Support Document, Fuel Economy 

Labeling of Motor Vehicle Revisions to Improve 

Calculation of Fuel Economy Estimates, EPA420–R– 

06–017, December 2006. 

97Energy Information Administration, Annual 

Energy Outlook 2010, Early Release Reference Case 

(December 2009), Table 12. Available at http:// 

www.eia.doe.gov/oiaf/aeo/aeoref_tab.html (last 

accessed February 02, 2010). 

98 Kahan, A. and Pickrell, D. Memo to Docket 

EPA–HQ–OAR–2009–0472 and Docket NHTSA– 

2009–0059. ‘‘Energy Information Administration’s 

Annual Energy Outlook 2009 and 2010.’’ March 24, 

2010. 

99 Vehicles are defined to be of age 1 during the 

calendar year corresponding to the model year in 

which they are produced; thus for example, model 

year 2000 vehicles are considered to be of age 1 

during calendar year 2000, age 2 during calendar 

year 2001, and to reach their maximum age of 26 

years during calendar year 2025. NHTSA considers 

the maximum lifetime of vehicles to be the age after 

which less than 2 percent of the vehicles originally 

produced during a model year remain in service. 

Applying these conventions to vehicle registration 

data indicates that passenger cars have a maximum 

age of 26 years, while light trucks have a maximum 

lifetime of 36 years. See Lu, S., NHTSA, Regulatory 

Analysis and Evaluation Division, ‘‘Vehicle 

Survivability and Travel Mileage Schedules,’’ DOT 

HS 809 952, 8–11 (January 2006). Available at 

http://www-nrd.nhtsa.dot.gov/Pubs/809952.pdf 

(last accessed Feb. 15, 2010). 

100For a description of the Survey, see http:// 

nhts.ornl.gov/quickStart.shtml (last accessed July 

27, 2009). 

wide range of willingness-to-pay values 

for fuel economy from these models, 

and there is not clear guidance from the 

literature on whether one specification 

is clearly preferred over another. This 

issue is discussed in EPA’s RIA, Section 

8.1.2 and NHTSA’s RIA Section VIII.H. 

The agencies requested comment on 

how to estimate explicitly the changes 

in vehicle buyers’ welfare from the 

combination of higher prices for new 

vehicle models, increases in their fuel 

economy, and any accompanying 

changes in vehicle attributes such as 

performance, passenger- and cargocarrying capacity, or other dimensions 

of utility. Commenters did not provide 

recommendations for how to evaluate 

the quality of different models or 

identify a model appropriate for the 

agencies’ purposes. Some commenters 

expressed various concerns about the 

use of existing consumer vehicle choice 

models. While EPA and NHTSA are not 

using a consumer vehicle choice model 

to analyze the effects of this rule, we 

continue to investigate these models. 

• The on-road fuel economy ‘‘gap’’— 

Actual fuel economy levels achieved by 

light-duty vehicles in on-road driving 

fall somewhat short of their levels 

measured under the laboratory-like test 

conditions used by NHTSA and EPA to 

establish compliance with the final 

CAFE and GHG standards. The agencies 

use an on-road fuel economy gap for 

light-duty vehicles of 20 percent lower 

than published fuel economy levels. For 

example, if the measured CAFE fuel 

economy value of a light truck is 20 

mpg, the on-road fuel economy actually 

achieved by a typical driver of that 

vehicle is expected to be 16 mpg 

(20*.80).96 NHTSA previously used this 

estimate in its MY 2011 final rule, and 

the agencies confirmed it based on 

independent analysis for use in this 

FRM. No substantive comments were 

received on this input. 

• Fuel prices and the value of saving 

fuel—Projected future fuel prices are a 

critical input into the preliminary 

economic analysis of alternative 

standards, because they determine the 

value of fuel savings both to new 

vehicle buyers and to society. For the 

proposed rule, the agencies had relied 

on the then most recent fuel price 

projections from the U.S. Energy 

Information Administration’s (EIA) 

Annual Energy Outlook (AEO) 2009 

(Revised Updated). However, for this 

final rule, the agencies have updated the 

analyses based on AEO 2010 (December 

2009 Early Release) Reference Case 

forecasts of inflation-adjusted (constantdollar) retail gasoline and diesel fuel 

prices, which represent the EIA’s most 

up-to-date estimate of the most likely 

course of future prices for petroleum 

products.97 AEO 2010 includes slightly 

lower petroleum prices compared to 

AEO 2009. 

The forecasts of fuel prices reported 

in EIA’s AEO 2010 Early Release 

Reference Case extends through 2035, 

compared to the AEO 2009 which only 

went through 2030. As in the proposal, 

fuel prices beyond the time frame of 

AEO’s forecast were estimated using an 

average growth rate. 

While EIA revised AEO 2010, the 

vehicle MPG standards are similar to 

those that were published in AEO 2009. 

No substantive comments were received 

on the use of AEO as a source of fuel 

prices.98

• Consumer valuation of fuel 

economy and payback period—In 

estimating the impacts on vehicle sales, 

the agencies assume that potential 

buyers value the resulting fuel savings 

improvements that would result from 

alternative CAFE and GHG standards 

over only part of the expected lifetime 

of the vehicles they purchase. 

Specifically, we assume that buyers 

value fuel savings over the first five 

years of a new vehicle’s lifetime, and 

that buyers discount the value of these 

future fuel savings using rates of 3% 

and 7%. The five-year figure represents 

the current average term of consumer 

loans to finance the purchase of new 

vehicles. One commenter argued that 

higher-fuel-economy vehicles should 

have higher resale prices than vehicles 

with lower fuel economy, but did not 

provide supporting data. This revision, 

if made, would increase the net benefits 

of the rule. Another commenter 

supported the use of a five-year payback 

period for this analysis. In the absence 

of data to support changes, EPA and 

NHTSA have kept the same 

assumptions. In the analysis of net 

benefits, EPA and NHTSA assume that 

vehicle buyers benefit from the full fuel 

savings over the vehicle’s lifetime, 

discounted for present value 

calculations at 3 and 7 percent. 

• Vehicle sales assumptions—The 

first step in estimating lifetime fuel 

consumption by vehicles produced 

during a model year is to calculate the 

number of vehicles expected to be 

produced and sold.99 The agencies 

relied on the AEO 2010 Early Release 

for forecasts of total vehicle sales, while 

the baseline market forecast developed 

by the agencies (see Section II.B) 

divided total projected sales into sales 

of cars and light trucks. 

• Vehicle survival assumptions—We 

then applied updated values of agespecific survival rates for cars and light 

trucks to these adjusted forecasts of 

passenger car and light truck sales to 

determine the number of these vehicles 

remaining in use during each year of 

their expected lifetimes. No substantive 

comments were received on vehicle 

survival assumptions. 

• Total vehicle use—We then 

calculated the total number of miles that 

cars and light trucks produced in each 

model year will be driven during each 

year of their lifetimes using estimates of 

annual vehicle use by age tabulated 

from the Federal Highway 

Administration’s 2001 National 

Household Transportation Survey 

(NHTS),100 adjusted to account for the 

effect on vehicle use of subsequent 

increases in fuel prices. Due to the 

lower fuel prices projected in AEO 

2010, the average vehicle is estimated to 

be used slightly more (∼3 percent) over 

its lifetime than assumed in the 

proposal. In order to insure that the 

resulting mileage schedules imply 

reasonable estimates of future growth in 

total car and light truck use, we 

calculated the rate of growth in annual 

car and light truck mileage at each age 

that is necessary for total car and light 

truck travel to increase at the rates 

forecast in the AEO 2010 Early Release 

Reference Case. The growth rate in 

average annual car and light truck use 

produced by this calculation is 

mstockstill on DSKB9S0YB1PROD with RULES2

Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 25379 

101 It was not possible to estimate separate growth 

rates in average annual use for cars and light trucks, 

because of the significant reclassification of light 

truck models as passenger cars discussed 

previously. 

102While the adjustment for future fuel prices 

reduces average mileage at each age from the values 

derived from the 2001 NHTS, the adjustment for 

expected future growth in average vehicle use 

increases it. The net effect of these two adjustments 

is to increase expected lifetime mileage by about 18 

percent for passenger cars and about 16 percent for 

light trucks. 

103 Department of Transportation, Guidance 

Memorandum, ‘‘The Value of Saving Travel Time: 

Departmental Guidance for Conducting Economic 

Evaluations,’’ Apr. 9, 1997. http://ostpxweb.dot.gov/ 

policy/Data/VOT97guid.pdf (last accessed Feb. 15, 

2010); update available at http://ostpxweb.dot.gov/ 

policy/Data/VOTrevision1_2-11-03.pdf (last 

accessed Feb. 15, 2010). 

104These estimates were developed by FHWA for 

use in its 1997 Federal Highway Cost Allocation 

Study; http://www.fhwa.dot.gov/policy/hcas/final/

index.htm (last accessed Feb. 15, 2010). 

105See, e.g., Bohi, Douglas R. and W. David 

Montgomery (1982). Oil Prices, Energy Security, 

and Import Policy Washington, DC: Resources for 

the Future, Johns Hopkins University Press; Bohi, 

D. R., and M. A. Toman (1993). ‘‘Energy and 

Security: Externalities and Policies,’’ Energy Policy 

21:1093–1109; and Toman, M. A. (1993). ‘‘The 

Economics of Energy Security: Theory, Evidence, 

Policy,’’ in A. V. Kneese and J. L. Sweeney, eds. 

(1993). Handbook of Natural Resource and Energy 

Economics, Vol. III. Amsterdam: North-Holland, pp. 

1167–1218. 

106Each gallon of fuel saved is assumed to reduce 

imports of refined fuel by 0.5 gallons, and the 

volume of fuel refined domestically by 0.5 gallons. 

Domestic fuel refining is assumed to utilize 90 

percent imported crude petroleum and 10 percent 

Continued 

approximately 1.1 percent per year.101

This rate was applied to the mileage 

figures derived from the 2001 NHTS to 

estimate annual mileage during each 

year of the expected lifetimes of MY 

2012–2016 cars and light trucks.102

While commenters requested further 

detail on the assumptions regarding 

total vehicle use, no specific issues were 

raised. 

• Accounting for the rebound effect of 

higher fuel economy—The rebound 

effect refers to the fraction of fuel 

savings expected to result from an 

increase in vehicle fuel economy— 

particularly an increase required by the 

adoption of more stringent CAFE and 

GHG standards—that is offset by 

additional vehicle use. The increase in 

vehicle use occurs because higher fuel 

economy reduces the fuel cost of 

driving, typically the largest single 

component of the monetary cost of 

operating a vehicle, and vehicle owners 

respond to this reduction in operating 

costs by driving slightly more. We 

received comments supporting our 

proposed value of 10 percent, although 

we also received comments 

recommending higher and lower values. 

However, we did not receive any new 

data or comments that justify revising 

the 10 percent value for the rebound 

effect at this time. 

• Benefits from increased vehicle 

use—The increase in vehicle use from 

the rebound effect provides additional 

benefits to their owners, who may make 

more frequent trips or travel farther to 

reach more desirable destinations. This 

additional travel provides benefits to 

drivers and their passengers by 

improving their access to social and 

economic opportunities away from 

home. These benefits are measured by 

the net ‘‘consumer surplus’’ resulting 

from increased vehicle use, over and 

above the fuel expenses associated with 

this additional travel. We estimate the 

economic value of the consumer surplus 

provided by added driving using the 

conventional approximation, which is 

one half of the product of the decline in 

vehicle operating costs per vehicle-mile 

and the resulting increase in the annual 

number of miles driven. Because it 

depends on the extent of improvement 

in fuel economy, the value of benefits 

from increased vehicle use changes by 

model year and varies among alternative 

standards. 

• The value of increased driving 

range—By reducing the frequency with 

which drivers typically refuel their 

vehicles, and by extending the upper 

limit of the range they can travel before 

requiring refueling, improving fuel 

economy and reducing GHG emissions 

thus provides some additional benefits 

to their owners. No direct estimates of 

the value of extended vehicle range are 

readily available, so the agencies’ 

analysis calculates the reduction in the 

annual number of required refueling 

cycles that results from improved fuel 

economy, and applies DOTrecommended values of travel time 

savings to convert the resulting time 

savings to their economic 

value.103Please see the Chapter 4 of the 

Joint TSD for details. 

• Added costs from congestion, 

crashes and noise—Although it 

provides some benefits to drivers, 

increased vehicle use associated with 

the rebound effect also contributes to 

increased traffic congestion, motor 

vehicle accidents, and highway noise. 

Depending on how the additional travel 

is distributed over the day and on where 

it takes place, additional vehicle use can 

contribute to traffic congestion and 

delays by increasing traffic volumes on 

facilities that are already heavily 

traveled during peak periods. These 

added delays 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. The agencies rely 

on estimates of congestion, accident, 

and noise costs caused by automobiles 

and light trucks developed by the 

Federal Highway Administration to 

estimate the increased external costs 

caused by added driving due to the 

rebound effect.104

• Petroleum consumption and import 

externalities—U.S. consumption and 

imports of petroleum products also 

impose costs on the domestic economy 

that are not reflected in the market price 

for crude petroleum, or in the prices 

paid by consumers of petroleum 

products such as gasoline. In economics 

literature on this subject, these costs 

include (1) higher prices for petroleum 

products resulting from the effect of 

U.S. oil import demand on the world oil 

price (‘‘monopsony costs’’); (2) the 

expected costs from the risk of 

disruptions to the U.S. economy caused 

by sudden reductions in the supply of 

imported oil to the U.S.; and (3) 

expenses for maintaining a U.S. military 

presence to secure imported oil supplies 

from unstable regions, and for 

maintaining the strategic petroleum 

reserve (SPR) to cushion against 

resulting price increases.105 Reducing 

U.S. imports of crude petroleum or 

refined fuels can reduce the magnitude 

of these external costs. Any reduction in 

their total value that results from lower 

fuel consumption and petroleum 

imports represents an economic benefit 

of setting more stringent standards over 

and above the dollar value of fuel 

savings itself. Since the agencies are 

taking a global perspective with respect 

to the estimate of the social cost of 

carbon for this rulemaking, the agencies 

do not include the value of any 

reduction in monopsony payments as a 

benefit from lower fuel consumption, 

because those payments from a global 

perspective represent a transfer of 

income from consumers of petroleum 

products to oil suppliers rather than a 

savings in real economic resources. 

Similarly, the agencies do not include 

any savings in budgetary outlays to 

support U.S. military activities among 

the benefits of higher fuel economy and 

the resulting fuel savings. Based on a 

recently-updated ORNL study, we 

estimate that each gallon of fuel saved 

that results in a reduction in U.S. 

petroleum imports (either crude 

petroleum or refined fuel) will reduce 

the expected costs of oil supply 

disruptions to the U.S. economy by 

$0.169 (2007$). Each gallon of fuel 

saved as a consequence of higher 

standards is anticipated to reduce total 

U.S. imports of crude petroleum or 

refined fuel by 0.95 gallons.106

mstockstill on DSKB9S0YB1PROD with RULES2

25380 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 

domestically-produced crude petroleum as 

feedstocks. Together, these assumptions imply that 

each gallon of fuel saved will reduce imports of 

refined fuel and crude petroleum by 0.50 gallons + 

0.50 gallons*90 percent = 0.50 gallons + 0.45 

gallons = 0.95 gallons. 107NHTSA Final Environmental Impact 

Statement: Corporate Average Fuel Economy 

Standards, Passenger Cars and Light Trucks, Model 

Years 2012–2016, February 2010, page 3–14. 

108The MOVES model assumes that the per-mile 

rates at which cars and light trucks emit these GHGs 

are determined by the efficiency of fuel combustion 

during engine operation and chemical reactions that 

occur during catalytic after-treatment of engine 

exhaust, and are thus independent of vehicles’ fuel 

consumption rates. Thus MOVES’ emission factors 

for these GHGs, which are expressed per mile of 

vehicle travel, are assumed to be unaffected by 

changes in fuel economy. 

109 Interagency Working Group on Social Cost of 

Carbon, U.S. Government, with participation by 

Council of Economic Advisers, 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 

Management and Budget, Office of Science and 

Technology Policy, and Department of Treasury, 

‘‘Social Cost of Carbon for Regulatory Impact 

Analysis Under Executive Order 12866,’’ February 

2010, available in docket EPA–HQ–OAR–2009– 

0472. 

The energy security analysis 

conducted for this rule estimates that 

the world price of oil will fall modestly 

in response to lower U.S. demand for 

refined fuel. One potential result of this 

decline in the world price of oil would 

be an increase in the consumption of 

petroleum products outside the U.S., 

which would in turn lead to a modest 

increase in emissions of greenhouse 

gases, criteria air pollutants, and 

airborne toxics from their refining and 

use. While additional information 

would be needed to analyze this 

‘‘leakage effect’’ in detail, NHTSA 

provides a sample estimate of its 

potential magnitude in its Final EIS.107

This analysis indicates that the leakage 

effect is likely to offset only a modest 

fraction of the reductions in emissions 

projected to result from the rule. 

EPA and NHTSA received comments 

about the treatment of the monopsony 

effect, macroeconomic disruption effect, 

and the military costs associated with 

the energy security benefits of this rule. 

The agencies did not receive any 

comments that justify changing the 

energy security analysis. As a result, the 

agencies continue to only use the 

macroeconomic disruption component 

of the energy security analysis under a 

global context when estimating the total 

energy security benefits associated with 

this rule. Further, the Agencies did not 

receive any information that they could 

use to quantity that component of 

military costs directly related to energy 

security, and thus did not modify that 

part of its analysis. A more complete 

discussion of the energy security 

analysis can be found in Chapter 4 of 

the Joint TSD, and Sections III and IV 

of this preamble. 

• Air pollutant emissions 

Æ Impacts on criteria air pollutant 

emissions—While reductions in 

domestic fuel refining and distribution 

that result from lower fuel consumption 

will reduce U.S. emissions of criteria 

pollutants, additional vehicle use 

associated with the rebound effect will 

increase emissions of these pollutants. 

Thus the net effect of stricter standards 

on emissions of each criteria pollutant 

depends on the relative magnitudes of 

reduced emissions from fuel refining 

and distribution, and increases in 

emissions resulting from added vehicle 

use. Criteria air pollutants emitted by 

vehicles and during fuel production 

include carbon monoxide (CO), 

hydrocarbon compounds (usually 

referred to as ‘‘volatile organic 

compounds,’’ or VOC), nitrogen oxides 

(NOX), fine particulate matter (PM2.5), 

and sulfur oxides (SOX). It is assumed 

that the emission rates (per mile) stay 

constant for future year vehicles. 

Æ Economic value of reductions in 

criteria air pollutants—For the purpose 

of the joint technical analysis, EPA and 

NHTSA estimate the economic value of 

the human health benefits associated 

with reducing exposure to PM2.5 using 

a ‘‘benefit-per-ton’’ method. These PM2.5- 

related benefit-per-ton estimates provide 

the total monetized benefits to human 

health (the sum of reductions in 

premature mortality and premature 

morbidity) that result from eliminating 

one ton of directly emitted PM2.5, or one 

ton of a pollutant that contributes to 

secondarily-formed PM2.5 (such as NOX, 

SOX, and VOCs), from a specified 

source. Chapter 4.2.9 of the Technical 

Support Document that accompanies 

this rule includes a description of these 

values. Separately, EPA also conducted 

air quality modeling to estimate the 

change in ambient concentrations of 

criteria pollutants and used this as a 

basis for estimating the human health 

benefits and their economic value. 

Section III.H.7 presents these benefits 

estimates. 

Æ Reductions in GHG emissions— 

Emissions of carbon dioxide and other 

GHGs occur throughout the process of 

producing and distributing 

transportation fuels, as well as from fuel 

combustion itself. By reducing the 

volume of fuel consumed by passenger 

cars and light trucks, higher standards 

will thus reduce GHG emissions 

generated by fuel use, as well as 

throughout the fuel supply cycle. The 

agencies estimated the increases of 

GHGs other than CO2, including 

methane and nitrous oxide, from 

additional vehicle use by multiplying 

the increase in total miles driven by cars 

and light trucks of each model year and 

age by emission rates per vehicle-mile 

for these GHGs. These emission rates, 

which differ between cars and light 

trucks as well as between gasoline and 

diesel vehicles, were estimated by EPA 

using its recently-developed Motor 

Vehicle Emission Simulator (Draft 

MOVES 2010).108 Increases in emissions 

of non-CO2 GHGs are converted to 

equivalent increases in CO2 emissions 

using estimates of the Global Warming 

Potential (GWP) of methane and nitrous 

oxide. 

Æ Economic value of reductions in 

CO2 emissions —EPA and NHTSA 

assigned a dollar value to reductions in 

CO2 emissions using the marginal dollar 

value (i.e., cost) of climate-related 

damages resulting from carbon 

emissions, also referred to as ‘‘social cost 

of carbon’’ (SCC). The SCC is intended 

to measure the monetary value society 

places on impacts resulting from 

increased GHGs, such as property 

damage from sea level rise, forced 

migration due to dry land loss, and 

mortality changes associated with 

vector-borne diseases. Published 

estimates of the SCC vary widely as a 

result of uncertainties about future 

economic growth, climate sensitivity to 

GHG emissions, procedures used to 

model the economic impacts of climate 

change, and the choice of discount rates. 

EPA and NHTSA received extensive 

comments about how to improve the 

characterization of the SCC and have 

since developed new estimates through 

an interagency modeling exercise. The 

comments addressed various issues, 

such as discount rate selection, 

treatment of uncertainty, and emissions 

and socioeconomic trajectories, and 

justified the revision of SCC for the final 

rule. The modeling exercise involved 

running three integrated assessment 

models using inputs agreed upon by the 

interagency group for climate 

sensitivity, socioeconomic and 

emissions trajectories, and discount 

rates. A more complete discussion of 

SCC can be found in the Technical 

Support Document, Social Cost of 

Carbon for Regulatory Impact Analysis 

Under Executive Order 12866 (hereafter, 

‘‘SCC TSD’’); revised SCC estimates 

corresponding to assumed values of the 

discount rate are shown in Table II.F– 

1.109

mstockstill on DSKB9S0YB1PROD with RULES2

Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 25381 

TABLE II.F–1—SOCIAL COST OF CO2, 2010 

[In 2007 dollars] 

Discount Rate 5% 3% 2.5% 3% 

Source of Estimate ......................................................... Mean of Estimates Values 95th percentile estimate. 

2010 Estimate ................................................................. $5 $21 $35 $65. 

• Discounting future benefits and 

costs—Discounting future fuel savings 

and other benefits is intended to 

account for the reduction in their value 

to society when they are deferred until 

some future date, rather than received 

immediately. The discount rate 

expresses the percent decline in the 

value of these benefits—as viewed from 

today’s perspective—for each year they 

are deferred into the future. In 

evaluating the non-climate related 

benefits of the final standards, the 

agencies have employed discount rates 

of both 3 percent and 7 percent. We 

received some comments on the 

discount rates used in the proposal, 

most of which were directed at the 

discount rates used to value future fuel 

savings and the rates used to value of 

the social cost of carbon. In general, 

commenters were supporting one of the 

discount rates over the other, although 

some suggested that our rates were too 

high or too low. We have revised the 

discounting used when calculating the 

net present value of social cost of carbon 

as explained in Sections III.H. and VI 

but have not revised our discounting 

procedures for other costs or benefits. 

For the reader’s reference, Table II.F– 

2 below summarizes the values used to 

calculate the impacts of each final 

standard. The values presented in this 

table are summaries of the inputs used 

for the models; specific values used in 

the agencies’ respective analyses may be 

aggregated, expanded, or have other 

relevant adjustments. See the respective 

RIAs for details. 

The agencies recognize that each of 

these values has some degree of 

uncertainty, which the agencies further 

discuss in the Joint TSD. The agencies 

have conducted a range of sensitivities 

and present them in their respective 

RIAs. For example, NHTSA has 

conducted a sensitivity analysis on 

several assumptions including (1) 

forecasts of future fuel prices, (2) the 

discount rate applied to future benefits 

and costs, (3) the magnitude of the 

rebound effect, (4) the value to the U.S. 

economy of reducing carbon dioxide 

emissions, (5) inclusion of the 

monopsony effect, and (6) the reduction 

in external economic costs resulting 

from lower U.S. oil imports. This 

information is provided in NHTSA’s 

RIA. 

TABLE II.F–2—ECONOMIC VALUES FOR BENEFITS COMPUTATIONS

[2007$] 

Fuel Economy Rebound Effect ................................................................................................................................................ 10%. 

‘‘Gap’’ between test and on-road MPG ................................................................................................................................... 20%. 

Value of refueling time per ($ per vehicle-hour) ..................................................................................................................... $24.64. 

Average tank volume refilled during refueling stop ................................................................................................................. 55%. 

Annual growth in average vehicle use .................................................................................................................................... 1.15%. 

Fuel Prices (2012–50 average, $/gallon): 

Retail gasoline price ......................................................................................................................................................... $3.66. 

Pre-tax gasoline price ....................................................................................................................................................... $3.29. 

Economic Benefits From Reducing Oil Imports ($/gallon) 

‘‘Monopsony’’ Component ........................................................................................................................................................ $0.00. 

Price Shock Component .......................................................................................................................................................... $0.17. 

Military Security Component .................................................................................................................................................... $0.00. 

Total Economic Costs ($/gallon) ............................................................................................................................................. $0.17. 

Emission Damage Costs (2020, $/ton or $/metric ton) 

Carbon monoxide .................................................................................................................................................................... $0. 

Volatile organic compounds (VOC) ......................................................................................................................................... $1,300. 

Nitrogen oxides (NOX)—vehicle use ....................................................................................................................................... $5,100. 

Nitrogen oxides (NOX)—fuel production and distribution ........................................................................................................ $ 5,300. 

Particulate matter (PM2.5)—vehicle use .................................................................................................................................. $ 240,000. 

Particulate matter (PM2.5)—fuel production and distribution .................................................................................................. $ 290,000. 

Sulfur dioxide (SO2) ................................................................................................................................................................. $ 31,000. 

Carbon dioxide (CO2) emissions in 2010 ................................................................................................................................ $5. 

$21. 

$35. 

$65. 

Annual Increase in CO2 Damage Cost ................................................................................................................................... variable, depending 

on estimate. 

External Costs From Additional Automobile Use ($/vehicle-mile) 

Congestion ............................................................................................................................................................................... $ 0.054. 

Accidents ................................................................................................................................................................................. $ 0.023. 

Noise ........................................................................................................................................................................................ $ 0.001. 

mstockstill on DSKB9S0YB1PROD with RULES2

25382 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 

110 In this rulemaking document, vehicle safety is 

defined as societal fatality rates which include 

fatalities to occupants of all the vehicles involved 

in the collisions, plus any pedestrians. 

111We note, however, that vehicle footprint is not 

synonymous with vehicle size. Since the footprint 

is only that portion of the vehicle between the front 

and rear axles, footprint-based standards do not 

discourage downsizing the portions of a vehicle in 

front of the front axle and to the rear of the rear 

axle, or to other portions of the vehicle outside the 

wheels. The crush space provided by those portions 

of a vehicle can make important contributions to 

managing crash energy. At least one manufacturer 

has confidentially indicated plans to reduce 

overhang as a way of reducing mass on some 

vehicles during the rulemaking time frame. 

Additionally, simply because footprint-based 

standards create no incentive to downsize vehicles, 

does not mean that manufacturers may not choose 

to do so if doing so makes it easier to meet the 

overall standard (as, for example, if the smaller 

vehicles are so much lighter that they exceed their 

targets by much greater amounts). 

TABLE II.F–2—ECONOMIC VALUES FOR BENEFITS COMPUTATIONS—Continued 

[2007$] 

Total External Costs ......................................................................................................................................................... $ 0.078. 

External Costs From Additional Light Truck Use ($/vehicle-mile) 

Congestion ............................................................................................................................................................................... $0.048. 

Accidents ................................................................................................................................................................................. $0.026. 

Noise ........................................................................................................................................................................................ $0.001. 

Total External Costs ................................................................................................................................................................ $0.075. 

Discount Rates Applied to Future Benefits ............................................................................................................................. 3%, 7%. 

G. What are the estimated safety effects 

of the final MYs 2012–2016 CAFE and 

GHG standards? 

The primary goals of the final CAFE 

and GHG standards are to reduce fuel 

consumption and GHG emissions, but in 

addition to these intended effects, the 

agencies must consider the potential of 

the standards to affect vehicle safety,110

which the agencies have assessed in 

evaluating the appropriate levels at 

which to set the final standards. Safety 

trade-offs associated with fuel economy 

increases have occurred in the past, and 

the agencies must be mindful of the 

possibility of future ones. These past 

safety trade-offs occurred because 

manufacturers chose, at the time, to 

build smaller and lighter vehicles— 

partly in response to CAFE standards— 

rather than adding more expensive fuelsaving technologies (and maintaining 

vehicle size and safety), and the smaller 

and lighter vehicles did not fare as well 

in crashes as larger and heavier 

vehicles. Historically, as shown in 

FARS data analyzed by NHTSA, the 

safest vehicles have been heavy and 

large, while the vehicles with the 

highest fatal-crash rates have been light 

and small, both because the crash rate 

is higher for small/light vehicles and 

because the fatality rate per crash is 

higher for small/light vehicle crashes. 

Changes in relative safety are related 

to shifts in the distribution of vehicles 

on the road. A policy that induces a 

widening in the size distribution of 

vehicles on the road, could result in 

negative impacts on safety, The primary 

mechanism in this rulemaking for 

mitigating the potential negative effects 

on safety is the application of footprintbased standards, which create a 

disincentive for manufacturers to 

produce smaller-footprint vehicles. This 

is because as footprint decreases, the 

corresponding fuel economy/GHG 

emission target becomes more 

stringent.111 The shape of the footprint 

curves themselves have also been 

designed to be approximately ‘‘footprint 

neutral’’ within the sloped portion of the 

functions—that is, to neither encourage 

manufacturers to increase the footprint 

of their fleets, nor to decrease it. 

Upsizing also is discouraged through a 

‘‘cut-off’’ at larger footprints. For both 

cars and light trucks there is a ‘‘cut-off’’ 

that affects vehicles smaller than 41 

square feet. The agencies recognize that 

for manufacturers who make small 

vehicles in this size range, this cut off 

creates some incentive to downsize (i.e. 

further reduce the size and/or increase 

the production of models currently 

smaller than 41 square feet) to make it 

easier to meet the target. The cut off may 

also create some incentive for 

manufacturers who do not currently 

offer such models to do so in the future. 

However, at the same time, the agencies 

believe that there is a limit to the market 

for cars smaller than 41 square feet— 

most consumers likely have some 

minimum expectation about interior 

volume, among other things. In 

addition, vehicles in this market 

segment are the lowest price point for 

the light-duty automotive market, with 

a number of models in the $10,000 to 

$15,000 range. In order to justify selling 

more vehicles in this market in order to 

generate fuel economy or CO2 credits 

(that is, for this final rule to be the 

incentive for selling more vehicles in 

this small car segment), a manufacturer 

would need to add additional 

technology to the lowest price segment 

vehicles, which could be challenging. 

Therefore, due to these two reasons (a 

likely limit in the market place for the 

smallest sized cars and the potential 

consumer acceptance difficulty in 

adding the necessary technologies in 

order to generate fuel economy and CO2

credits), the agencies believe that the 

incentive for manufacturers to increase 

the sale of vehicles smaller than 41 

square feet due to this rulemaking, if 

present, is small. For further discussion 

on these aspects of the standards, please 

see Section II.C above and Chapter 2 of 

the Joint TSD. 

Manufacturers have stated, however, 

that they will reduce vehicle weight as 

one of the cost-effective means of 

increasing fuel economy and reducing 

CO2 emissions, and the agencies have 

incorporated this expectation into our 

modeling analysis supporting today’s 

final standards. NHTSA’s previous 

analyses examining the relationship 

between vehicle mass and fatalities 

found fatality increases as vehicle 

weight and size were reduced, but these 

previous analyses did not differentiate 

between weight reductions and size 

(i.e., weight and footprint) reductions. 

The question of the effect of changes 

in vehicle mass on safety in the context 

of fuel economy is a complex question 

that poses serious analytic challenges 

and has been a contentious issue for 

many years, as discussed by a number 

of commenters to the NPRM. This 

contentiousness arises, at least in part, 

from the difficulty of isolating vehicle 

mass from other confounding factors 

(e.g., driver behavior, or vehicle factors 

such as engine size and wheelbase). In 

addition, several vehicle factors have 

been closely related historically, such as 

vehicle mass, wheelbase, and track 

width. The issue has been reviewed and 

analyzed in the literature for more than 

two decades. For the reader’s reference, 

much more information about safety in 

the CAFE context is available in Chapter 

IX of NHTSA’s FRIA. Chapter 7.6 of 

EPA’s final RIA also contained 

mstockstill on DSKB9S0YB1PROD with RULES2

Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 25383 

112The analysis excluded 2-door cars. 

113 ‘‘Relationships Between Fatality Risk, Mass, 

and Footprint in Model Year 1991–1999 and Other 

Passenger Cars and LTVs,’’ Charles J. Kahane, 

NCSA, NHTSA, March 2010. The text of the report 

may be found in Chapter IX of NHTSA’s FRIA, 

where it constitutes a section of that chapter. We 

note that this report has not yet been externally 

peer-reviewed, and therefore may be changed or 

refined after it has been subjected to peer review. 

The results of the report have not been included in 

the tables summarizing the costs and benefits of this 

rulemaking and did not affect the stringency of the 

standards. NHTSA has begun the process for 

obtaining peer review in accordance with OMB 

guidance. The agency will ensure that concerns 

raised during the peer review process are addressed 

before relying on the report for future rulemakings. 

The results of the peer review and any subsequent 

revisions to the report will be made available in a 

public docket and on NHTSA’s Web site as they are 

completed. 

114Conversely, the coefficients indicate a 

significant increase if footprint is reduced. 

115We note that there may be some (currently 

non-quantifiable) welfare losses for purchasers of 

these heavier LTVs, the mass of which is reduced 

in response to these final standards. This is due to 

the fact that in certain crashes, as discussed below 

and in greater detail in Chapter IX of the NHTSA 

FRIA, more mass will always be helpful (although 

certainly in other crashes, the amount of mass 

reduction modeled by the agency will not be 

enough to have any significant effect on driver/ 

occupant safety). However, we believe the effects of 

this will likely be minor. Consumer welfare impacts 

of the final rule are discussed in more detail in 

Chapter VIII of the NHTSA FRIA. 

116Manufacturers may reduce mass through smart 

design using computer aided engineering (CAE) 

tools that can be used to better optimize load paths 

within structures by reducing stresses and bending 

moments applied to structures. This allows better 

optimization of the sectional thicknesses of 

structural components 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. 

additional discussion on mass and 

safety. 

Over the past several years, as also 

discussed by a number of commenters 

to the NPRM, contention has arisen with 

regard to the applicability of analysis of 

historical crash data to future safety 

effects due to mass reduction. The 

agencies recognize that there are a host 

of factors that may make future mass 

reduction different than what is 

reflected in the historical data. For one, 

the footprint-based standards have been 

carefully developed by the agencies so 

that they do not encourage vehicle 

footprint reductions as a way of meeting 

the standards, but so that they do 

encourage application of fuel-saving 

technologies, including mass reduction. 

This in turn encourages manufacturers 

to find ways to separate mass reduction 

from footprint reduction, which will 

very likely result in a future relationship 

between mass and fatalities that is safer 

than the historical relationship. 

However, as manufacturers pursue these 

methods of mass reduction, the fleet 

moves further away from the historical 

trends, which the agencies recognize. 

NHTSA’s NPRM analysis of the safety 

effects of the proposed CAFE standards 

was based on NHTSA’s 2003 report 

concerning mass and size reduction in 

MYs 1991–1999 vehicles, and evaluated 

a ‘‘worst-case scenario’’ in which the 

safety effects of the combined 

reductions of both mass and size for 

those vehicles were determined for the 

future passenger car and light truck 

fleets.112 In the NPRM analysis, mass 

and size could not be separated from 

one another, resulting in what NHTSA 

recognized was a larger safety disbenefit 

than was likely under the MYs 2012– 

2016 footprint-based CAFE standards. 

NHTSA emphasized, however, that 

actual fatalities would likely be less 

than these ‘‘worst-case’’ estimates, and 

possibly significantly less, based on the 

various factors discussed in the NPRM 

that could reduce the estimates, such as 

careful mass reduction through material 

substitution, etc. 

For the final rule, as discussed in the 

NPRM and in recognition of the 

importance of conducting analysis that 

better reflects, within the limits of our 

current knowledge, the potential safety 

effects of future mass reduction in 

response to the final CAFE and GHG 

standards that is highly unlikely to 

involve concurrent reductions in 

footprint, NHTSA has revised its 

analysis in consultation with EPA. 

Perhaps the most important change has 

been that NHTSA agreed with 

commenters that it was both possible 

and appropriate to separate the effect of 

mass reductions from the effect of 

footprint reductions. NHTSA thus 

performed a new statistical analysis, 

hereafter referred to as the 2010 Kahane 

analysis, of the MYs 1991–99 vehicle 

database from its 2003 report (now 

including rather than excluding 2-door 

cars in the passenger car fleet), assessing 

relationships between fatality risk, 

mass, and footprint for both passenger 

cars and LTVs (light trucks and vans).113

As part of its results, the new report 

presents an ‘‘upper-estimate scenario,’’ a 

‘‘lower-estimate scenario,’’ as well as an 

‘‘actual regression result scenario’’ 

representing potential safety effects of 

future mass reductions without 

corresponding vehicle size reductions, 

that assume, by virtue of being a crosssectional analysis of historical data, that 

historical relationships between vehicle 

mass and fatalities are maintained. The 

‘‘upper-estimate scenario’’ and ‘‘lowerestimate scenario’’ are based on 

NHTSA’s judgment as a vehicle safety 

agency, and are not meant to convey any 

more or less likelihood in the results, 

but more to convey a sense of bounding 

for potential safety effects of reducing 

mass while holding footprint constant. 

The upper-estimate scenario reflects 

potential safety effects given the report’s 

finding that, using the one-step 

regression method of the 2003 Kahane 

report, the regression coefficients show 

that mass and footprint each accounted 

for about half the fatality increase 

associated with downsizing in a crosssectional analysis of MYs 1991–1999 

cars. A similar effect was found for 

lighter LTVs. Applying the same 

regression method to heavier LTVs, 

however, the coefficients indicated a 

significant societal fatality reduction 

when mass, but not footprint, is reduced 

in the heavier LTVs.114 Fatalities are 

reduced primarily because mass 

reduction in the heavier LTVs will 

reduce risk to occupants of the other 

cars and lighter LTVs involved in 

collisions with these heavier LTVs.115

Thus, even in the ‘‘upper-estimate 

scenario,’’ the potential fatality increases 

associated with mass reduction in the 

passenger cars would be to a large 

extent offset by the benefits of mass 

reduction in the heavier LTVs. 

The lower-estimate scenario, in turn, 

reflects NHTSA’s estimate of potential 

safety effects if future mass reduction is 

accomplished entirely by material 

substitution, smart design,116 and 

component integration, among other 

things, that can reduce mass without 

perceptibly changing a vehicle’s shape, 

functionality, or safety performance, 

maintaining structural strength without 

compromising other aspects of safety. If 

future mass reduction follows this path, 

it could limit the added risk close to 

only the effects of mass per se (the 

ability to transfer momentum to other 

vehicles or objects in a collision), 

resulting in estimated effects in 

passenger cars that are substantially 

smaller than in the upper-estimate 

scenario based directly on the regression 

results. The lower-estimate scenario also 

covers both passenger cars and LTVs. 

Overall, based on the new analyses, 

NHTSA estimated that fatality effects 

could be markedly less than those 

estimated in the ‘‘worst-case scenario’’ 

presented in the NPRM. The agencies 

believe that the overall effect of mass 

reduction in cars and LTVs may be close 

to zero, and may possibly be beneficial 

in terms of the fleet as a whole if mass 

reduction is carefully applied in the 

future (as with careful material 

substitution and other methods of mass 

reduction that can reduce mass without 

perceptibly changing a car’s shape, 

functionality, or safety performance, 

mstockstill on DSKB9S0YB1PROD with RULES2

25384 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 

117 Kahane, Charles J., PhD, ‘‘Vehicle Weight, 

Fatality Risk and Crash Compatibility of Model 

Year 1991–99 Passenger Cars and Light Trucks,’’ 

DOT HS 809 662, October 2003, Executive 

Summary. Available at http://www.nhtsa.dot.gov/ 

cars/rules/regrev/evaluate/809662.html (last 

accessed March 10, 2010). 

118NHTSA explained that there are several 

identifiable safety trends that are already in place 

or expected to occur in the foreseeable future and 

that were not accounted for in the study. For 

example, two important new safety standards that 

have already been issued and will be phasing in 

during the rulemaking time frame. Federal Motor 

Vehicle Safety Standard No. 126 (49 CFR 571.126) 

will require electronic stability control in all new 

vehicles by MY 2012, and the upgrade to Federal 

Motor Vehicle Safety Standard No. 214 (Side 

Impact Protection, 49 CFR 571.214) will likely 

result in all new vehicles being equipped with 

head-curtain air bags by MY 2014. Additionally, the 

agency stated that it anticipates continued 

improvements in driver (and passenger) behavior, 

such as higher safety belt use rates. All of these will 

tend to reduce the absolute number of fatalities 

resulting from mass reductions. Thus, while the 

percentage increases in Kahane (2003) was applied, 

the reduced base resulted in smaller absolute 

increases than those that were predicted in the 2003 

report. 

119Blincoe, L. and Shankar, U, ‘‘The Impact of 

Safety Standards and Behavioral Trends on Motor 

Vehicle Fatality Rates,’’ DOT HS 810 777, January 

2007. See Table 4 comparing 2020 to 2007 (37,906/ 

43,363 = 12.6% reduction (1-.126 = .874) 

120We note, however, that vehicle footprint is not 

synonymous with vehicle size. Since the footprint 

is only that portion of the vehicle between the front 

and rear axles, footprint-based standards do not 

discourage downsizing the portions of a vehicle in 

front of the front axle and to the rear of the rear 

axle, or to other portions of the vehicle outside the 

wheels. The crush space provided by those portions 

of a vehicle can make important contributions to 

managing crash energy. NHTSA noted in the NPRM 

that at least one manufacturer has confidentially 

indicated plans to reduce overhang as a way of 

reducing mass on some vehicles during the 

rulemaking time frame. Additionally, simply 

because footprint-based standards create no 

incentive to downsize vehicles, does not mean that 

manufacturers may not choose to do so if doing so 

makes it easier to meet the overall standard (as, for 

example, if the smaller vehicles are so much lighter 

that they exceed their targets by much greater 

amounts). 

and maintain its structural strength 

without making it excessively rigid). 

This is especially important if the mass 

reduction in the heavier LTVs is greater 

(in absolute terms) than in passenger 

cars, as discussed further below and in 

the 2010 Kahane report. 

The following sections will address 

how the agencies addressed potential 

safety effects in the NPRM for the 

proposed standards, how commenters 

responded, and the work that NHTSA 

has done since the NPRM to revise its 

estimates of potential safety effects for 

the final rule. The final section 

discusses some of the agencies’ plans for 

the future with respect to potential 

analysis and studies to further enhance 

our understanding of this important and 

complex issue. 

1. What did the agencies say in the 

NPRM with regard to potential safety 

effects? 

In the NPRM preceding these final 

standards, NHTSA’s safety assessment 

derived from the agency’s belief that 

some of these vehicle factors, namely 

vehicle mass and footprint, could not be 

accurately separated. NHTSA relied on 

the 2003 study by Dr. Charles Kahane, 

which estimates the effect of 100-pound 

reductions in MYs 1991–1999 heavy 

light trucks and vans (LTVs), light LTVs, 

heavy passenger cars, and light 

passenger cars.117 The study compares 

the fatality rates of LTVs and cars to 

quantify differences between vehicle 

types, given drivers of the same age/ 

gender, etc. In that analysis, the effect of 

‘‘weight reduction’’ is not limited to the 

effect of mass per se, but includes all the 

factors, such as length, width, structural 

strength, safety features, and size of the 

occupant compartment, that were 

naturally or historically confounded 

with mass in MYs 1991–1999 vehicles. 

The rationale was that adding length, 

width, or strength to a vehicle 

historically also made it heavier. 

NHTSA utilized the relationships 

between mass and safety from Kahane 

(2003), expressed as percentage 

increases in fatalities per 100-pound 

mass reduction, and examined the mass 

effects assumed in the NPRM modeling 

analysis. While previous CAFE 

rulemakings had limited mass reduction 

as a ‘‘technology option’’ to vehicles over 

5,000 pounds GVWR, both NHTSA’s 

and EPA’s modeling analyses in the 

NPRM included mass reduction of up to 

5–10 percent of baseline curb weight, 

depending on vehicle subclass, in 

response to recently-submitted 

manufacturer product plans as well as 

public statements indicating that these 

levels were possible and likely. 5–10 

percent represented a maximum bound; 

EPA’s modeling, for example, included 

average vehicle weight reductions of 4 

percent between MYs 2011 and 2016, 

although the average per-vehicle mass 

reduction was greater in absolute terms 

for light trucks than for passenger cars. 

NHTSA’s assumptions for mass 

reduction were also limited by lead time 

such that mass reductions of 1.5 percent 

were included for redesigns occurring 

prior to MY 2014, and mass reductions 

of 5–10 percent were only ‘‘achievable’’ 

in redesigns occurring in MY 2014 or 

later. NHTSA further assumed that mass 

reductions would be limited to 5 

percent for small vehicles (e.g., 

subcompact passenger cars), and that 

reductions of 10 percent would only be 

applied to the larger vehicle types (e.g., 

large light trucks). 

Based on these assumptions of how 

manufacturers might comply with the 

standards, NHTSA examined the effects 

of the identifiable safety trends over the 

lifetime of the vehicles produced in 

each model year. The effects were 

estimated on a year-by-year basis, 

assuming that certain known safety 

trends would result in a reduction in the 

target population of fatalities from 

which the mass effects are derived.118

Using this method, NHTSA found a 12.6 

percent reduction in fatality levels 

between 2007 and 2020. The estimates 

derived from applying Kahane’s 2003 

percentages to a baseline of 2007 

fatalities were then multiplied by 0.874 

to account for changes that the agency 

believed would take place in passenger 

car and light truck safety between the 

2007 baseline on-road fleet used for that 

particular analysis and year 2020.119

NHTSA and EPA both emphasized 

that the safety effect estimates in the 

NPRM needed to be understood in the 

context of the 2003 Kahane report, 

which is based upon a cross-sectional 

analysis of the actual on-road safety 

experience of 1991–1999 vehicles. For 

those vehicles, heavier usually also 

meant larger-footprint. Hence, the 

numbers in those analyses were used to 

predict the safety-related fatalities that 

could occur in the unlikely event that 

weight reduction for MYs 2012–2016 is 

accomplished entirely by reducing mass 

and reducing footprint. Any estimates 

derived from those analyses represented 

a ‘‘worst-case’’ estimate of safety effects, 

for several reasons. 

First, manufacturers are far less likely 

to reduce mass by ‘‘downsizing’’ (making 

vehicles smaller overall) under the 

current attribute-based standards, 

because the standards are based on 

vehicle footprint. The selection of 

footprint as the attribute in setting CAFE 

and GHG standards helps to reduce the 

incentive to alter a vehicle’s physical 

dimensions. This is because as footprint 

decreases, the corresponding fuel 

economy/GHG emission target becomes 

more stringent.120 The shape of the 

footprint curves themselves have also 

been designed to be approximately 

‘‘footprint neutral’’ within the sloped 

portion of the functions—that is, to 

neither encourage manufacturers to 

increase the footprint of their fleets, nor 

to decrease it. For further discussion on 

these aspects of the standards, please 

see Section II.C above and Chapter 2 of 

the Joint TSD. However, as discussed in 

Sections III.H.1 and IV.G.6 below, the 

agencies acknowledge some uncertainty 

regarding how consumer purchases will 

change in response to the vehicles 

mstockstill on DSKB9S0YB1PROD with RULES2

Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 25385 

121Reduced powertrain requirements do not 

include a reduction in performance. When vehicle 

mass is reduced, engine torque and transmission 

gearing can be altered so that acceleration 

performance is held constant instead of improving. 

A detailed discussion is included in Chapter 3 of 

the Technical Support Document. 

122However, we recognize that FMVSS and 

NCAP ratings may limit the manufacturer’s ability 

to reduce crush space or structural support. 

designed to meet the MYs 2012–2016 

standards. This could potentially affect 

the mix of vehicles sold in the future, 

including the mass and footprint 

distribution. 

As a result, the agencies found it 

likely that a significant portion of the 

mass reduction in the MY 2012–2016 

vehicles would be accomplished by 

strategies, such as material substitution, 

smart design, reduced powertrain 

requirements,121 and mass 

compounding, that have a lesser safety 

effect than the prevalent 1980s strategy 

of simply making the vehicles smaller. 

The agencies noted that to the extent 

that future mass reductions could be 

achieved by these methods—without 

any accompanying reduction in the size 

or structural strength of the vehicle— 

then the fatality increases associated 

with the mass reductions anticipated by 

the model as a result of the proposed 

standards could be significantly smaller 

than those in the worst-case scenario. 

However, even though the agencies 

recognized that these methods of mass 

reduction could be technologically 

feasible in the rulemaking time frame, 

and included them as such in our 

modeling analyses, the agencies 

diverged as to how potential safety 

effects accompanying such methods of 

mass reduction could be evaluated, 

particularly in relation to the worst-case 

scenario presented by NHTSA. NHTSA 

stated that it could not predict how 

much smaller those increases would be 

for any given mixture of mass reduction 

methods, since the data on the safety 

effects of mass reduction alone (without 

size reduction) was not available due to 

the low numbers of vehicles in the 

current on-road fleet that have utilized 

these technologies extensively. Further, 

to the extent that mass reductions were 

accomplished through use of light, highstrength materials, NHTSA emphasized 

that there would be significant 

additional costs that would need to be 

determined and accounted for than were 

reflected in the agency’s proposal. 

Additionally, NHTSA emphasized 

that while it thought material 

substitution and other methods of mass 

reduction could considerably lessen the 

potential safety effects compared to the 

historical trend, NHTSA also stated that 

it did not believe the effects in 

passenger cars would be smaller than 

zero. EPA disagreed with this, and 

stated in the NPRM that the safety 

effects could very well be smaller than 

zero. Even though footprint-based 

standards discourage downsizing as a 

way of ‘‘balancing out’’ sales of larger/ 

heavier vehicles, they do not discourage 

manufacturers from reducing crush 

space in overhang areas or from 

reducing structural support as a way of 

taking out mass.122 Moreover, NHTSA’s 

analysis had also found that lighter cars 

have a higher involvement rate in fatal 

crashes, even after controlling for the 

driver’s age, gender, urbanization, and 

region of the country. Being unable to 

explain this clear trend in the crash 

data, NHTSA stated that it must assume 

that mass reduction is likely to be 

associated with higher fatal-crash rates, 

no matter how the weight reduction is 

achieved. 

NHTSA also noted in the NPRM that 

several studies by Dynamic Research, 

Inc. (DRI) had been repeatedly cited to 

the agency in support of the proposition 

that reducing vehicle mass while 

maintaining track width and wheelbase 

would lead to significant safety benefits. 

In its 2005 studies, one of which was 

published and peer-reviewed through 

the Society of Automotive Engineers as 

a technical paper, DRI attempted to 

assess the independent effects of vehicle 

weight and size (in terms of wheelbase 

and track width) on safety, and 

presented results indicating that 

reducing vehicle weight tends to reduce 

fatalities, but that reducing vehicle 

wheelbase and track width tends to 

increase fatalities. DRI’s analysis was 

based on FARS data for MYs 1985–1998 

passenger cars and 1985–1997 light 

trucks, similar to the MYs 1991–1999 

car and truck data used in the 2003 

Kahane report. However, DRI included 

2-door passenger cars, while the 2003 

Kahane report excluded those vehicles 

out of concern that their inclusion could 

bias the results of the regression 

analysis, because a significant 

proportion of MYs 1991–1999 2-door 

cars were sports and ‘‘muscle’’ cars, 

which have particularly high fatal crash 

rates for their relatively short 

wheelbases compared to the rest of the 

fleet. While in the NPRM NHTSA 

rejected the results of the DRI studies 

based in part on this concern, the 

agencies note that upon further 

consideration, NHTSA has agreed for 

this final rule that the inclusion of 

2-door cars in regression analysis of 

historical data is appropriate, and 

indeed has no overly-biasing effects. 

The 2005 DRI studies also differed 

from the 2003 Kahane report in terms of 

their estimates of the effect of vehicle 

weight on rollover fatalities. The 2003 

Kahane report analyzed a single 

variable, curb weight, as a surrogate for 

both vehicle size and weight, and found 

that curb weight reductions would 

increase rollover fatalities. The DRI 

study, in contrast, attempted to analyze 

curb weight, wheelbase, and track width 

separately, and found that curb weight 

reduction would decrease rollover 

fatalities, while wheelbase reduction 

and track width reduction would 

increase them. DRI suggested that 

heavier vehicles may have higher 

rollover fatalities for two reasons: first, 

because taller vehicles tend to be 

heavier, so the correlation between 

vehicle height and weight and vehicle 

center-of-gravity height may make 

heavier vehicles more rollover-prone; 

and second, because heavier vehicles 

may have been less rollovercrashworthy due to FMVSS No. 216’s 

constant (as opposed to proportional) 

requirements for MYs 1995–1999 

vehicles weighing more than 3,333 lbs 

unloaded. 

Overall, DRI’s 2005 studies found a 

reduction in fatalities for cars (580 in 

the first study, and 836 in the second 

study) and for trucks (219 in the first 

study, 682 in the second study) for a 100 

pound reduction in curb weight without 

accompanying wheelbase or track width 

reductions. In the NPRM, NHTSA 

disagreed with the results of the DRI 

studies, out of concern that DRI’s 

inclusion of 2-door cars in its analysis 

biased the results, and because NHTSA 

was unable to reproduce DRI’s results 

despite repeated attempts. NHTSA 

stated that it agreed intuitively with 

DRI’s conclusion that vehicle mass 

reductions without accompanying size 

reductions (as through substitution of a 

heavier material for a lighter one) would 

be less harmful than downsizing, but 

without supporting real-world data and 

unable to verify DRI’s results, NHTSA 

stated that it could not conclude that 

mass reductions would result in safety 

benefits. EPA, in contrast, believed that 

DRI’s results contained some merit, in 

particular because the study separated 

the effects of mass and size and EPA 

stated that applying them using the curb 

weight reductions in EPA’s modeling 

analysis would show an overall 

reduction of fatalities for the proposed 

standards. 

On balance, both agencies recognized 

that mass reduction could be an 

important tool for achieving higher 

levels of fuel economy and reducing 

CO2 emissions, and emphasized that 

NHTSA’s fatality estimates represented 

a worst-case scenario for the potential 

effects of the proposed standards, and 

mstockstill on DSKB9S0YB1PROD with RULES2

25386 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 

123The Aluminum Association (NHTSA–2009– 

0059–0067.3) stated that its research on vehicle 

safety compatibility between an SUV and a midsized car, done jointly with DRI, shows that 

reducing the weight of a heavier SUV by 20% (a 

realistic value for an aluminum-intensive vehicle) 

could reduce the combined injury rate for both 

vehicles by 28% in moderately severe crashes. The 

commenter stated that it would keep NHTSA 

apprised of its results as its research progressed. 

Based on the information presented, NHTSA 

believes that this research appears to agree with 

NHTSA’s latest analysis, which finds that a 

reduction in weight for the heaviest vehicles may 

improve overall fleet safety. 

that actual fatalities will be less than 

these estimates, possibly significantly 

less, based on the various factors 

discussed in the NPRM that could 

reduce the estimates. The agencies 

sought comment on the safety analysis 

and discussions presented in the NPRM. 

2. What public comments did the 

agencies receive on the safety analysis 

and discussions in the NPRM? 

Several dozen commenters addressed 

the safety issue. Claims and arguments 

made by commenters in response to the 

safety effects analysis and discussion in 

the NPRM tended to follow several 

general themes, as follows: 

• NHTSA’s safety effects estimates 

are inaccurate because they do not 

account for: 

Æ While NHTSA’s study only 

considers vehicles from MYs 1991– 

1999, more recently-built vehicles are 

safer than those, and future vehicles 

will be safer still; 

Æ Lighter vehicles are safer than 

heavier cars in terms of crashavoidance, because they handle and 

brake better; 

Æ Fatalities are linked more to other 

factors than mass; 

Æ The structure of the standards 

reduces/contributes to potential safety 

effects from mass reduction; 

Æ NHTSA could mitigate additional 

safety effects from mass reduction, if 

there are any, by simply regulating 

safety more; 

Æ Casualty risks range widely for 

vehicles of the same weight or footprint, 

which skews regression analysis and 

makes computer simulation a better 

predictor of the safety effects of mass 

reduction; 

• DRI’s analysis shows that lighter 

vehicles will save lives, and NHTSA 

reaches the opposite conclusion without 

disproving DRI’s analysis; 

Æ Possible reasons that NHTSA and 

DRI have reached different conclusions: 

fi NHTSA’s study should distinguish 

between reductions in size and 

reductions in weight like DRI’s; 

fi NHTSA’s study should include 

two-door cars; 

fi NHTSA’s study should have used 

different assumptions; 

fi NHTSA’s study should include 

confidence intervals; 

• NHTSA should include a ‘‘bestcase’’ estimate in its study; 

• NHTSA should not include a 

‘‘worst-case’’ estimate in its study; 

The agencies recognize that the issue 

of the potential safety effects of mass 

reduction, which was one of the many 

factors considered in the balancing that 

led to the agencies’ conclusion as to 

appropriate stringency levels for the 

MYs 2012–2016 standards, is of great 

interest to the public and could possibly 

be a more significant factor in 

regulators’ and manufacturers’ decisions 

with regard to future standards beyond 

MY 2016. The agencies are committed 

to analyzing this issue thoroughly and 

holistically going forward, based on the 

best available science, in order to 

further their closely related missions of 

safety, energy conservation, and 

environmental protection. We respond 

to the issues and claims raised by 

commenters in turn below. 

NHTSA’s estimates are inaccurate 

because NHTSA’s study only 

considers vehicles from MYs 1991– 

1999, but more recently-built vehicles 

are safer than those, and future 

vehicles will be safer still 

A number of commenters (CAS, 

Adcock, NACAA, NJ DEP, NY DEC, 

UCS, and Wenzel) argued that the 2003 

Kahane report, on which the ‘‘worst-case 

scenario’’ in the NPRM was based, is 

outdated because it considers the 

relationship between vehicle weight and 

safety in MYs 1991–1999 passenger 

cars. These commenters generally stated 

that data from MYs 1991–1999 vehicles 

provide an inaccurate basis for assessing 

the relationship between vehicle weight 

and safety in current or future vehicles, 

because the fleets of vehicles now and 

in the future are increasingly different 

from that 1990s fleet (more crossovers, 

fewer trucks, lighter trucks, etc.), with 

different vehicle shapes and 

characteristics, different materials, and 

more safety features. Several of these 

commenters argued that NHTSA should 

conduct an updated analysis for the 

final rule using more recent data— 

Wenzel, for example, stated that an 

updated regression analysis that 

accounted for the recent introduction of 

crossover SUVs would likely find 

reduced casualty risk, similar to DRI’s 

previous finding using fatality data. CEI, 

in contrast, argued that the ‘‘safety tradeoff’’ would not be eliminated by new 

technologies and attribute-based 

standards, because additional weight 

inherently makes a vehicle safer to its 

own occupants, citing the 2003 Kahane 

report, while AISI argued that Desapriya 

had found that passenger car drivers 

and occupants are two times more likely 

to be injured than drivers and occupants 

in larger pickup trucks and SUVs. 

Several commenters (Adcock, CARB, 

Daimler, NESCAUM, NRDC, Public 

Citizen, UCS, Wenzel) suggested that 

NHTSA’s analysis was based on overly 

pessimistic assumptions about how 

manufacturers would choose to reduce 

mass in their vehicles, because 

manufacturers have a strong incentive 

in the market to build vehicles safely. 

Many of these commenters stated that 

several manufacturers have already 

committed publicly to fairly ambitious 

mass reduction goals in the mid-term, 

but several stated further that NHTSA 

should not assume that manufacturers 

will reduce the same amount of mass in 

all vehicles, because it is likely that they 

will concentrate mass reduction in the 

heaviest vehicles, which will improve 

compatibility and decrease aggressivity 

in the heaviest vehicles. Daimler 

emphasized that all vehicles will have 

to comply with the Federal Motor 

Vehicle Safety Standards, and will 

likely be designed to test well in 

NHTSA’s NCAP tests. 

Other commenters (Aluminum 

Association, CARB, CAS, ICCT, MEMA, 

NRDC, U.S. Steel) also emphasized the 

need for NHTSA to account for the 

safety benefits to be expected in the 

future from use of advanced materials 

for lightweighting purposes and other 

engineering advances. The Aluminum 

Association stated that advanced 

vehicle design and construction 

techniques using aluminum can 

improve energy management and 

minimize adverse safety effects of their 

use,123 but that NHTSA’s safety analysis 

could not account for those benefits if 

it were based on MYs 1991–1999 

vehicles. CAS, ICCT, and U.S. Steel 

discussed similar benefits for more 

recent and future vehicles built with 

high strength steel (HSS), although U.S. 

Steel cautioned that given the 

stringency of the proposed standards, 

manufacturers would likely be 

encouraged to build smaller and lighter 

vehicles in order to achieve compliance, 

which fare worse in head-on collisions 

than larger, heavier vehicles. AISI, in 

contrast to U.S. Steel, stated that in its 

research with the Auto/Steel 

Partnership and in programs supported 

by DOE, it had found that the use of new 

Advanced HSS steel grades could 

enable mass of critical crash structures, 

such as front rails and bumper systems, 

to be reduced by 25 percent without 

degrading performance in standard 

NHTSA frontal or IIHS offset 

mstockstill on DSKB9S0YB1PROD with RULES2

Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 25387 

124NHTSA notes the CAS’ comments regarding 

changes in the vehicle fleets since the introduction 

of CAFE standards in the late 1970s, but believes 

they apply more to the differences between late 

1970s through 1980s vehicles and 2010s vehicles 

than to the differences between 1990s and 2010s 

vehicles. NHTSA believes that the CAS comments 

regarding the phase-out of 1970s vehicles and their 

replacement with safer, better fuel-economyachieving 1980s vehicles paint with rather too large 

a brush to be relevant to the main discussion of 

whether the 2003 Kahane report database can 

reasonably be used to estimate safety effects of mass 

reduction for the MYs 2012–2016 fleet. 

125See NHTSA FRIA Chapter IX. 

126 If one has a vehicle (vehicle A), and both 

reduces the vehicle’s mass and adds new safety 

equipment to it, thus creating a variant (vehicle A1), 

the variant might conceivably have a level of overall 

safety for its occupants equal to that of the original 

vehicle (vehicle A). However, vehicle A1 might not 

be as safe as second variant (vehicle A2) of vehicle 

A, one that is produced by adding to vehicle A the 

same new safety equipment added to the first 

variant, but this time without any mass reduction. 

127This is due to the beneficial effect on the 

occupants of vehicles struck by the downweighted 

larger vehicles. 

instrumented crash tests compared to 

their ‘‘heavier counterparts.’’ 

Agencies’ response: NHTSA, in 

consultation with EPA and DOE, plans 

to begin updating the MYs 1991–1999 

database on which NHTSA’s safety 

analyses in the NPRM and final rule are 

based in the next several months in 

order to analyze the differences in safety 

effects against vehicles built in more 

recent model years. As this task will 

take at least a year to complete, 

beginning it immediately after the 

NPRM would not have enabled the 

agency to complete it and then conduct 

a new analysis during the period 

between the NPRM and the final rule. 

For purposes of this final rule, 

however, we believe that using the same 

MYs 1991–1999 database as that used in 

the 2003 Kahane study provides a 

reasonable basis for attempting to 

estimate safety effects due to reductions 

in mass. While commenters often stated 

that updating the database would help 

to reveal the effect of recentlyintroduced lightweight vehicles with 

extensive material substitution, there 

have in fact not yet been a significant 

number of vehicles with substantial 

mass reduction/material substitution to 

analyze, and they must also show up in 

the crash databases for NHTSA to be 

able to add them to its analysis. Based 

on NHTSA’s research, specifically, on 

three statistical analyses over a 12-year 

period (1991–2003) covering a range of 

22 model years (1978–1999), NHTSA 

believes that the relationships between 

mass, size, and safety has only changed 

slowly over time, although we recognize 

that they may change somewhat more 

rapidly in the future.124 As the on-road 

fleet gains increasing numbers of 

vehicles with increasing amounts of 

different methods of mass reduction 

applied to them, we may begin to 

discern changes in the crash databases 

due to the presence of these vehicles, 

but any such changes are likely to be 

slow and evolutionary, particularly in 

the context of MYs 2000–2009 vehicles. 

The agencies do expect that further 

analysis of historical data files will 

continue to provide a robust and 

practicable basis for estimating the 

potential safety effects that might occur 

with future reductions in vehicle mass. 

However, we recognize that estimates 

derived from analysis of historical data, 

like estimates from any other type of 

analysis (including simulation-based 

analysis, which cannot feasibly cover all 

relevant scenarios), will be uncertain in 

terms of predicting actual future 

outcomes with respect to a vehicle fleet, 

driving population, and operating 

environment that does not yet exist. 

The agencies also recognize that more 

recent vehicles have more safety 

features than 1990s vehicles, which are 

likely to make them safer overall. To 

account for this, NHTSA did adjust the 

results of both its NPRM and final rule 

analysis to include known safety 

improvements, like ESC and increases 

in seat belt use, that have occurred since 

MYs 1991–1999.125 However, simply 

because newer vehicles have more 

safety countermeasures, does not mean 

that the weight/safety relationship 

necessarily changes. More likely, it 

would change the target population (the 

number of fatalities) to which one 

would apply the weight/safety 

relationship. Thus, we still believe that 

some mass reduction techniques for 

both passenger cars and light trucks can 

make them less safe, in certain crashes 

as discussed in NHTSA’s FRIA, than if 

mass had not been reduced.126

As for NHTSA’s assumptions about 

mass reduction, in its analysis, NHTSA 

generally assumed that lighter vehicles 

could be reduced in weight by 5 percent 

while heavier light trucks could be 

reduced in weight by 10 percent. 

NHTSA recognizes that manufacturers 

might choose a different mass reduction 

scheme than this, and that its 

quantification of the estimated effect on 

safety would be different if they did. We 

emphasize that our estimates are based 

on the assumptions we have employed 

and are intended to help the agency 

consider the potential effect of the final 

standards on vehicle safety. Thus, based 

on the 2010 Kahane analysis, reductions 

in weight for the heavier light trucks 

would have positive overall safety 

effects,127 while mass reductions for 

passenger cars and smaller light trucks 

would have negative overall safety 

effects. 

NHTSA’s estimates are inaccurate 

because they do not account for the 

fact that lighter vehicles are safer than 

heavier cars in terms of crashavoidance, because they handle and 

brake better 

ICCT stated that lighter vehicles are 

better able to avoid crashes because they 

‘‘handle and brake slightly better,’’ 

arguing that size-based standards 

encourage lighter-weight car-based 

SUVs with ‘‘significantly better handling 

and crash protection’’ than 1996–1999 

mid-size SUVs, which will reduce both 

fatalities and fuel consumption. ICCT 

stated that NHTSA did not include 

these safety benefits in its analysis. DRI 

also stated that its 2005 report found 

that crash avoidance improves with 

reduction in curb weight and/or with 

increases in wheelbase and track, 

because ‘‘Crash avoidance can depend, 

amongst other factors, on the vehicle 

directional control and rollover 

characteristics.’’ DRI argued that, 

therefore, ‘‘These results indicate that 

vehicle weight reduction tends to 

decrease fatalities, but vehicle 

wheelbase and track reduction tends to 

increase fatalities.’’ 

Agencies’ response: In fact, NHTSA’s 

regression analysis of crash fatalities per 

million registration years measures the 

effects of crash avoidance, if there are 

any, as well as crashworthiness. Given 

that the historical empirical data for 

passenger cars show a trend of higher 

crash rates for lighter cars, it is unclear 

whether lighter cars have, in the net, 

superior crash avoidance, although the 

agencies recognize that they may have 

advantages in certain individual 

situations. EPA presents a discussion of 

improved accident avoidance as vehicle 

mass is reduced in Chapter 7.6 of its 

final RIA. The important point to 

emphasize is that it depends on the 

situation—it would oversimplify 

drastically to point to one situation in 

which extra mass helps or hurts and 

then extrapolate effects for crash 

avoidance across the board based on 

only that. 

For example, the relationship of 

vehicle mass to rollover and directional 

stability is more complex than 

commenters imply. For rollover, it is 

true that if heavy pickups were always 

more top-heavy than lighter pickups of 

the same footprint, their higher center of 

gravity could make them more rolloverprone, yet some mass can be placed so 

as to lower a vehicle’s center of gravity 

and make it less rollover-prone. For 

mass reduction to be beneficial in 

rollover crashes, then, it must take 

mstockstill on DSKB9S0YB1PROD with RULES2

25388 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 

128See, e.g., NHTSA (2000). Traffic Safety Facts 

1999. Report No. DOT HS 809 100. Washington, DC: 

National Highway Traffic Safety Administration, p. 

71; Najm, W.G., Sen, B., Smith, J.D., and Campbell, 

B.N. (2003). Analysis of Light Vehicle Crashes and 

Pre-Crash Scenarios Based on the 2000 General 

Estimates System, Report No. DOT HS 809 573. 

Washington, DC: National Highway Traffic Safety 

Administration, p. 48. 

129Robertson, L.S. (1991), ‘‘How to Save Fuel and 

Reduce Injuries in Automobiles,’’ The Journal of 

Trauma, Vol. 31, pp. 107–109; Kahane, C.J. (1994). 

Correlation of NCAP Performance with Fatality Risk 

in Actual Head-On Collisions, NHTSA Technical 

Report No. DOT HS 808 061. Washington, DC: 

National Highway Traffic Safety Administration, 

http://www-nrd.nhtsa.dot.gov/Pubs/808061.PDF, 

pp. 4–7. 

center of gravity height into account 

along with other factors such as 

passenger compartment design and 

structure, suspension, the presence of 

various safety equipment, and so forth. 

Similarly, for directional stability, it is 

true that having more mass increases the 

‘‘understeer gradient’’ of cars—i.e., it 

reinforces their tendency to proceed in 

a straight line and slows their response 

to steering input, which would be 

harmful where prompt steering response 

is essential, such as in a double-lanechange maneuver to avoid an obstacle. 

Yet more mass and a higher understeer 

gradient could help when it is better to 

remain on a straight path, such as on a 

straight road with icy patches where 

wheel slip might impair directional 

stability. Thus, while less vehicle mass 

can sometimes improve crash avoidance 

capability, there can also be situations 

when more vehicle mass can help in 

other kinds of crash avoidance. 

Further, NHTSA’s research suggests 

that additional vehicle mass may be 

even more helpful, as discussed in 

Chapter IX of NHTSA’s FRIA, when the 

average driver’s response to a vehicle’s 

maneuverability is taken into account. 

Lighter cars have historically (1976– 

2009) had higher collision-involvement 

rates than heavier cars—even in multivehicle crashes where directional and 

rollover stability is not particularly an 

issue.128 Based on our analyses using 

nationally-collected FARS and GES 

data, drivers of lighter cars are more 

likely to be the culpable party in a 2- 

vehicle collision, even after controlling 

for footprint, the driver’s age, gender, 

urbanization, and region of the country. 

Thus, based on this data, it appears 

that lighter cars may not be driven as 

well as heavier cars, although it is 

unknown why this is so. If poor drivers 

intrinsically chose light cars (selfselection), it might be evidenced by an 

increase in antisocial driving behavior 

(such as DWI, drug involvement, 

speeding, or driving without a license) 

as car weight decreases, after controlling 

for driver age and gender—in addition 

to the increases in merely culpable 

driver behavior (such as failure to yield 

the right of way). But analyses in 

NHTSA’s 2003 report did not show an 

increase in antisocial driver behavior in 

the lighter cars paralleling their increase 

in culpable involvements. 

NHTSA also hypothesizes that certain 

aspects of lightness and/or smallness in 

a car may give a driver a perception of 

greater maneuverability that ultimately 

results in driving with less of a ‘‘safety 

margin,’’ e.g., encouraging them to 

weave in traffic. That may appear 

paradoxical at first glance, as 

maneuverability is, in the abstract, a 

safety plus. Yet the situation is not 

unlike powerful engines that could 

theoretically enable a driver to escape 

some hazards, but in reality have long 

been associated with high crash and 

fatality rates.129

NHTSA’s estimates are inaccurate 

because fatalities are linked more to 

other factors than mass 

Tom Wenzel stated that the safety 

record of recent model year crossover 

SUVs indicates that weight reduction in 

this class of vehicles (small to mid-size 

SUVs) resulted in a reduction in fatality 

risk. Wenzel argued that NHTSA should 

acknowledge that other vehicle 

attributes may be as important, if not 

more important, than vehicle weight or 

footprint in terms of occupant safety, 

such as unibody construction as 

compared to ladder-frame, lower 

bumpers, and less rigid frontal 

structures, all of which make crossover 

SUVs more compatible with cars than 

truck-based SUVs. 

Marc Ross commented that fatalities 

are linked more strongly to intrusion 

than to mass, and stated that research by 

safety experts in Japan and Europe 

suggests the main cause of serious 

injuries and deaths is intrusion due to 

the failure of load-bearing elements to 

properly protect occupants in a severe 

crash. Ross argued that the results from 

this project have ‘‘overturned the 

original views about compatibility,’’ 

which thought that mass and the mass 

ratio were the dominant factors. Since 

footprint-based standards will 

encourage the reduction of vehicle 

weight through materials substitution 

while maintaining size, Ross stated, 

they will help to reduce intrusion and 

consequently fatalities, as the lower 

weight reduces crash forces while 

maintaining size preserves crush space. 

Ross argued that this factor was not 

considered by NHTSA in its discussion 

of safety. ICCT agreed with Ross’ 

comments on this issue. 

In previous comments on NHTSA 

rulemakings and in several studies, 

Wenzel and Ross have argued generally 

that vehicle design and ‘‘quality’’ is a 

much more important determinant of 

vehicle safety than mass. In comments 

on the NPRM, CARB, NRDC, Sierra 

Club, and UCS echoed this theme. 

ICCT commented as well that fatality 

rates in the EU are much lower than 

rates in the U.S., even though the 

vehicles in the EU fleet tend to be 

smaller and lighter than those in the 

U.S. fleet. Thus, ICCT argued, ‘‘This 

strongly supports the idea that vehicle 

and highway design are far more 

important factors than size or weight in 

vehicle safety.’’ ICCT added that ‘‘It also 

suggests that the rise in SUVs in the 

U.S. has not helped reduce fatalities.’’ 

CAS also commented that Germany’s 

vehicle fleet is both smaller and lighter 

than the American fleet, and has lower 

fatality rates. 

Agencies’ response: NHTSA and EPA 

agree that there are many features that 

affect safety. While crossover SUVs have 

lower fatality rates than truck-based 

SUVs, there are no analyses that 

attribute the improved safety to mass 

alone, and not to other factors such as 

the lower center of gravity or the 

unibody construction of these vehicles. 

While a number of improvements in 

safety can be made, they do not negate 

the potential that another 100 lbs. could 

make a passenger car or crossover 

vehicle safer for its occupants, because 

of the effects of mass per se as discussed 

in NHTSA’s FRIA, albeit similar mass 

reductions could make heavier LTVs 

safer to other vehicles without 

necessarily harming their own drivers 

and occupants. Moreover, in the 2004 

response to docket comments, NHTSA 

explained that the significant 

relationship between mass and fatality 

risk persisted even after controlling for 

vehicle price or nameplate, suggesting 

that vehicle ‘‘quality’’ as cited by Wenzel 

and Ross is not necessarily more 

important than vehicle mass. 

As for reductions in intrusions due to 

material substitution, the agencies agree 

generally that the use of new and 

innovative materials may have the 

potential to reduce crash fatalities, but 

such vehicles have not been introduced 

in large numbers into the vehicle fleet. 

The agencies will continue to monitor 

the situation, but ultimately the effects 

of different methods of mass reduction 

on overall safety in the real world (not 

just in simulations) will need to be 

analyzed when vehicles with these 

types of mass reduction are on the road 

in sufficient quantities to provide 

statistically significant results. For 

example, a vehicle that is designed to be 

mstockstill on DSKB9S0YB1PROD with RULES2

Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 25389 

130We note that commenters were divided on 

whether they believed there was a clear correlation 

between vehicle size/weight and safety (CEI, 

Congress of Racial Equality, Heritage Foundation, 

IIHS, Spurgeon, University of PA Environmental 

Law Project) or whether they believed that the 

correlation was less clear, for example, because they 

believed that vehicle design was more important 

than vehicle mass (CARB, Public Citizen). 131See Chapter IX of NHTSA’s FRIA. 

132See, e.g., MY 2011 CAFE final rule, 74 FR 

14403–05 (Mar. 30, 2009). 

much stiffer to reduce intrusion is likely 

to have a more severe crash pulse and 

thus impose greater forces on the 

occupants during a crash, and might not 

necessarily be good for elderly and child 

occupant safety in certain types of 

crashes. Such trade-offs make it difficult 

to estimate overall results accurately 

without real world data. The agencies 

will continue to evaluate and analyze 

such real world data as it becomes 

available, and will keep the public 

informed as to our progress. 

ICCT’s comment illustrates the fact 

that different vehicle fleets in different 

countries can face different challenges. 

NHTSA does not believe that the fact 

that the EU vehicle fleet is generally 

lighter than the U.S. fleet is the 

exclusive reason, or even the primary 

factor, for the EU’s lower fatality rates. 

The data ICCT cites do not account for 

significant differences between the U.S. 

and EU such as in belt usage, drunk 

driving, rural/urban roads, driving 

culture, etc. 

The structure of the standards reduces/ 

contributes to potential safety risks 

from mass reduction 

Since switching in 2006 to setting 

attribute-based light truck CAFE 

standards, NHTSA has emphasized that 

one of the benefits of a footprint-based 

standard is that it discourages 

manufacturers from building smaller, 

less safe vehicles to achieve CAFE 

compliance by ‘‘balancing out’’ their 

larger vehicles, and thus avoids a 

negative safety consequence of 

increasing CAFE stringency.130 Some 

commenters on the NPRM (Daimler, 

IIHS, NADA, NRDC, Sierra Club et al.) 

agreed that footprint-based standards 

would protect against downsizing and 

help to mitigate safety risks, while 

others stated that there would still be 

safety risks even with footprint-based 

standards—CEI, for example, argued 

that mass reduction inherently creates 

safety risks, while IIHS and Porsche 

expressed concern about footprint-based 

standards encouraging manufacturers to 

manipulate wheelbase, which could 

reduce crush space and worsen vehicle 

handling. U.S. Steel and AISI both 

commented that the ‘‘aggressive 

schedule’’ for the proposed increases in 

stringency could encourage 

manufacturers to build smaller, lighter 

vehicles in order to comply. 

Some commenters also focused on the 

shape and stringency of the target 

curves and their potential effect on 

vehicle safety. IIHS agreed with the 

agencies’ tentative decision to cut off 

the target curves at the small-footprint 

end. Regarding the safety effect of the 

curves requiring less stringent targets for 

larger vehicles, while IIHS stated that 

increasing footprint is good for safety, 

CAS, Wenzel, and the UCSB students 

stated that decreasing footprint may be 

better for safety in terms of risk to 

occupants of other vehicles. Daimler, 

Wenzel, and the University of PA 

Environmental Law Project commented 

generally that more similar passenger 

car and light truck targets at identical 

footprints (as Wenzel put it, a single 

target curve) would improve fleet 

compatibility and thus, safety, by 

encouraging manufacturers to build 

more passenger cars instead of light 

trucks. 

Agencies’ response: The agencies 

continue to believe that footprint-based 

standards help to mitigate potential 

safety risks from downsizing if the target 

curves maintain sufficient slope, 

because, based on NHTSA’s analysis, 

larger-footprint vehicles are safer than 

smaller-footprint vehicles.131 The 

structure of the footprint-based curves 

will also discourage the upsizing of 

vehicles. Nevertheless, we recognize 

that footprint-based standards are not a 

panacea—NHTSA’s analysis continues 

to show that there was a historical 

relationship between lower vehicle 

mass and increased safety risk in 

passenger cars even if footprint is 

maintained, and there are ways that 

manufacturers may increase footprint 

that either improve or reduce vehicle 

safety, as indicated by IIHS and Porsche. 

With regard to whether the agencies 

should set separate curves or a single 

one, NHTSA also notes in Section II.C 

that EPCA requires NHTSA to establish 

standards separately for passenger cars 

and light trucks, and thus concludes 

that the standards for each fleet should 

be based on the characteristics of 

vehicles in each fleet. In other words, 

the passenger car curve should be based 

on the characteristics of passenger cars, 

and the light truck curve should be 

based on the characteristics of light 

trucks—thus to the extent that those 

characteristics are different, an 

artificially-forced convergence would 

not accurately reflect those differences. 

However, such convergence could be 

appropriate depending on future trends 

in the light vehicle market, specifically 

further reduction in the differences 

between passenger car and light truck 

characteristics. While that trend was 

more apparent when car-like 2WD SUVs 

were classified as light trucks, it seems 

likely to diminish for the model year 

vehicles subject to these rules as the 

truck fleet will be more purely ‘‘trucklike’’ than has been the case in recent 

years. 

NHTSA’s estimates are inaccurate 

because NHTSA could mitigate 

additional safety risks from mass 

reduction, if there are any, by simply 

regulating safety more 

Since NHTSA began considering the 

potential safety risks from mass 

reduction in response to increased 

CAFE standards, some commenters have 

suggested that NHTSA could mitigate 

those safety risks, if any, by simply 

regulating more.132 In response to the 

safety analysis presented in the NPRM, 

several commenters stated that NHTSA 

should develop additional safety 

regulations to require vehicles to be 

designed more safely, whether to 

improve compatibility (Adcock, NY 

DEC, Public Citizen, UCS), to require 

seat belt use (CAS, UCS), to improve 

rollover and roof crush resistance (UCS), 

or to improve crashworthiness generally 

by strengthening NCAP and the star 

rating system (Adcock). Wenzel 

commented further that ‘‘Improvements 

in safety regulations will have a greater 

effect on occupant safety than FE 

standards that are structured to 

maintain, but may actually increase, 

vehicle size.’’ 

Agencies’ response: NHTSA 

appreciates the commenters’ suggestions 

and notes that the agency is continually 

striving to improve motor vehicle safety 

consistent with its mission. As noted 

above, improving safety in other areas 

affects the target population that the 

mass/footprint relationship could affect, 

but it does not necessarily change the 

relationship. 

The 2010 Kahane analysis discussed 

in this final rule evaluates the relative 

safety risk when vehicles are made 

lighter than they might otherwise be 

absent the final MYs 2012–2016 

standards. It does consider the effect of 

known safety regulations as they are 

projected to affect the target population. 

Casualty risks range widely for vehicles 

of the same weight or footprint, which 

skews regression analysis and makes 

computer simulation a better 

predictor of the safety effects of mass 

reduction 

mstockstill on DSKB9S0YB1PROD with RULES2

25390 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 

133Subsections 2.4 and 3.3 of new report. 

134Nusholtz, G.S., G. Rabbiolo, and Y. Shi, 

‘‘Estimation of the Effects of Vehicle Size and Mass 

on Crash-Injury Outcome Through Parameterized 

Probability Manifolds,’’ Society of Automotive 

Engineers (2003), Document No. 2003–01–0905. 

Available at http://www.sae.org/technical/papers/ 

2003–01–0905 (last accessed Feb. 15, 2010). 

135Mr. Wenzel cites the report by Kebschull et al. 

[2004, DRI–TR–04–04–02] as an example of what he 

regards as the effective use of computer crash 

simulation. NHTSA does not concur that this 

analysis represents a viable analytical method for 

evaluating the fleet-wide tradeoffs between vehicle 

mass and societal safety. The simulation method 

employed was not a full finite element 

representation of each major structural component 

in the vehicles in question. Instead, an Articulated 

Total Body (ATB) representation was constructed 

for each of two representative vehicles. In the ATB 

model, large structural subsystems were 

represented by a single ellipsoid. Consolidated 

load-deflection properties of these subsystems and 

the joints that tie them together were ‘‘calibrated’’ 

for an ATB vehicle model by requiring that it 

reproduce the acceleration pulse of a physical 

NHTSA crash test. NHTSA notes that vehicle 

simulation models that are calibrated to a single 

crash test configuration (e.g., a longitudinal NCAP 

test into a rigid wall) are often ill-equipped to 

analyze alternative crash scenarios (e.g., vehicle-tovehicle crashes at arbitrary angles and lateral 

offsets). 

Wenzel commented that he had 

found, in his most recent work, after 

accounting for drivers and crash 

location, that there is a wide range in 

casualty risk for vehicles with the same 

weight or footprint. Wenzel stated that 

for drivers, casualty risk does generally 

decrease as weight or footprint 

increases, especially for passenger cars, 

but the degree of variation in the data 

for vehicles (particularly light trucks) at 

a given weight or footprint makes it 

difficult to say that a decrease in weight 

or footprint will necessarily result in 

increased casualty risk. In terms of risk 

imposed on the drivers of other 

vehicles, Wenzel stated that risk 

increases as light truck weight or 

footprint increases. 

Wenzel further stated that because a 

regression analysis can only consider 

the average trend in the relationship 

between vehicle weight/size and risk, it 

must ‘‘ignore’’ vehicles that do not 

follow that trend. Wenzel therefore 

recommended that the agency employ 

computer crash simulations for 

analyzing the effect of vehicle weight 

reduction on safety, because they can 

‘‘pinpoint the effect of specific vehicle 

designs on safety,’’ and can model future 

vehicles which do not yet exist and are 

not bound to analyzing historical data. 

Wenzel cited, as an example, a DRI 

simulation study commissioned by the 

Aluminum Association (Kebschull 

2004), which used a computer model to 

simulate the effect of changing SUV 

mass or footprint (without changing 

other attributes of the vehicle) on crash 

outcomes, and showed a 15 percent net 

decrease in injuries, while increasing 

wheelbase by 4.5 inches while 

maintaining weight showed a 26 percent 

net decrease in serious injuries. 

Agencies’ response: The agencies have 

reviewed Mr. Wenzel’s draft report for 

DOE to which he referred in his 

comments, but based on NHTSA’s work 

do not find such a wide range of safety 

risk for vehicles with the same weight, 

although we agree there is a range of 

risk for a given footprint. Wenzel found 

that for drivers, casualty risk does 

generally decrease as weight or footprint 

increases, especially for passenger cars, 

and that in terms of risk imposed on the 

drivers of other vehicles, risk increases 

as light truck weight or footprint 

increases, but concluded that the 

variation in the data precluded the 

possibility of drawing any conclusions. 

In the 2010 Kahane study presented in 

the FRIA, NHTSA undertook a similar 

analysis in which it correlated weight to 

fatality risk for vehicles of essentially 

the same footprint.133 The ‘‘decile 

analysis,’’ provided as a check on the 

trend/direction of NHTSA’s regression 

analysis, shows that societal fatality risk 

generally increases and rarely decreases 

for lighter relative to heavier cars of the 

same footprint. Thus, while Mr. Wenzel 

was reluctant to draw a conclusion, 

NHTSA believes that both our research 

and Mr. Wenzel’s appear to point to the 

same conclusion. We agree that there is 

a wide range in casualty risk among cars 

of the same footprint, but we find that 

that casualty risk is correlated with 

weight. The correlation shows that 

heavier cars have lower overall societal 

fatality rates than lighter cars of very 

similar footprint. 

The agencies agree that simulation 

can be beneficial in certain 

circumstances. NHTSA cautions, 

however, that it is difficult for a 

simulation analysis to capture the full 

range of variations in crash situations in 

the way that a statistical regression 

analysis does. Vehicle crash dynamics 

are complex, and small changes in 

initial crash conditions (such as impact 

angle or closing speed) can have large 

effects on injury outcome. This 

condition is a consequence of variations 

in the deformation mode of individual 

components (e.g., buckling, bending, 

crushing, material failure, etc.) and how 

those variations affect the creation and 

destruction of load paths between the 

impacting object and the occupant 

compartment during the crash event. It 

is therefore difficult to predict and 

assess structural interactions using 

computational methods when one does 

not have a detailed, as-built geometric 

and material model. Even when a 

complete model is available, prudent 

engineering assessments require 

extensive physical testing to verify crash 

behavior and safety. Despite all this, the 

agencies recognize that detailed crash 

simulations can be useful in estimating 

the relative structural effects of design 

changes over a limited range of crash 

conditions, and will continue to 

evaluate the appropriate use of this tool 

in the future. 

Simplified crash simulations can also 

be valuable tools, but only when 

employed as part of a comprehensive 

analytical program. They are especially 

valuable in evaluating the relative effect 

and associated confidence intervals of 

feasible design alternatives. For 

example, the method employed by 

Nusholtz et al.134 could be used by a 

vehicle designer to estimate the benefit 

of incremental changes in mass or 

wheelbase as well as the tradeoffs that 

might be made between them once that 

designer has settled on a preliminary 

design. A key difference between the 

research by Nusholtz and the research 

by Kebschull that Mr. Wenzel cited 135

is in their suggested applications. The 

former is useful in evaluating proposed 

alternatives early in the design 

process—Nusholtz specifically warns 

that the model provides only ‘‘general 

insights into the overall risk * * * and 

cannot be used to obtain specific 

response characteristics.’’ Mr. Wenzel 

implies the latter can ‘‘isolate the effect 

of specific design changes, such as 

weight reduction’’ and thus quantify the 

fleet-wide effect of substantial vehicle 

redesigns. Yet while Kebschull reports 

injury reductions to three significant 

digits, there is no validation that vehicle 

structures of the proposed weight and 

stiffness are even feasible with current 

technology. Thus, while the agencies 

agree that computer simulations can be 

useful tools, we also recognize the value 

of statistical regression analysis for 

determining fleet-wide effects, because 

it inherently incorporates real-world 

factors in historical safety assessments. 

DRI’s analysis shows that lighter 

vehicles will save lives, and NHTSA 

reaches the opposite conclusion 

without disproving DRI’s analysis 

The difference between NHTSA’s 

results and DRI’s results for the 

relationship between vehicle mass and 

vehicle safety has been at the crux of 

this issue for several years. While 

NHTSA offered some theories in the 

NPRM as to why DRI might have found 

a safety benefit for mass reduction, 

NHTSA’s work since then has enabled 

it to identify what we believe is the 

most likely reason for DRI’s findings. 

mstockstill on DSKB9S0YB1PROD with RULES2

Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 25391 

136Subsections 2.2 and 2.3 of new report. 

137 Id. 

The potential near multicollinearity of 

the variables of curb weight, track 

width, and wheelbase creates some 

degree of concern that any regression 

models with those variables could 

inaccurately calibrate their effects. 

However, based on its own experience 

with statistical analysis, NHTSA 

believes that the specific two-step 

regression model used by DRI increases 

this concern, because it weakens 

relationships between curb weight and 

dependent variables by splitting the 

effect of curb weight across the two 

regression steps. 

The comments below are in response 

to NHTSA’s theories in the NPRM about 

the source of the differences between 

NHTSA’s and DRI’s results. The 

majority of them are answered more 

fully in the 2010 Kahane report 

included in NHTSA’s FRIA, but we 

respond to them in this document as 

well for purposes of completeness. 

NHTSA and DRI may have reached 

different conclusions because 

NHTSA’s study does not distinguish 

between reductions in size and 

reductions in weight like DRI’s 

Several commenters (CARB, CBD, 

EDF, ICCT, NRDC, and UCS) stated that 

DRI had been able to separate the effect 

of size and weight in its analysis, and 

in so doing proved that there was a 

safety benefit to reducing weight 

without reducing size. The commenters 

suggested that if NHTSA properly 

distinguished between reductions in 

size and reductions in weight, it would 

find the same result as DRI. 

Agencies’ response: In the 2010 

Kahane analysis presented in the FRIA, 

NHTSA did attempt to separate the 

effects of vehicle size and weight by 

performing regression analyses with 

footprint (or alternatively track width 

and wheelbase) and curb weight as 

separate independent variables. For 

passenger cars, NHTSA found that the 

regressions attribute the fatality increase 

due to downsizing about equally to 

mass and footprint—that is, the effect of 

reducing mass alone is about half the 

effect of reducing mass and reducing 

footprint. Unlike DRI’s results, NHTSA’s 

regressions for passenger cars and for 

lighter LTVs did not find a safety benefit 

to reducing weight without reducing 

size; while NHTSA did find a safety 

benefit for reducing weight in the 

heaviest LTVs, the magnitude of the 

benefit as compared to DRI’s was 

significantly smaller. NHTSA believes 

that these differences in results may be 

an artifact of DRI’s two-step regression 

model, as explained above. 

NHTSA and DRI may have reached 

different conclusions because 

NHTSA’s study does not include twodoor cars like DRI’s 

One of NHTSA’s primary theories in 

the NPRM as to why NHTSA and DRI’s 

results differed related to DRI’s 

inclusion in its analysis of 2-door cars. 

NHTSA had excluded those vehicles 

from its analysis on the grounds that 2- 

door cars had a disproportionate crash 

rate (perhaps due to their inclusion of 

muscle and sports cars) which appeared 

likely to skew the regression. Several 

commenters argued that NHTSA should 

have included 2-door cars in its 

analysis. DRI and James Adcock stated 

that 2-door cars should not be excluded 

because they represent a significant 

portion of the light-duty fleet, while 

CARB and ICCT stated that because DRI 

found safety benefits whether 2-door 

cars were included or not, NHTSA 

should include 2-door cars in its 

analysis. Wenzel also commented that 

NHTSA should include 2-door cars in 

subsequent analyses, stating that while 

his analysis of MY 2000–2004 crash 

data from 5 states indicates that, in 

general, 4-door cars tend to have lower 

fatality risk than 2-door cars, the risk is 

even lower when he accounts for driver 

age/gender and crash location. Wenzel 

suggested that the increased fatality risk 

in the 2-door car population seemed 

primarily attributable to the sports cars, 

and that that was not sufficient grounds 

to exclude all 2-door cars from NHTSA’s 

analysis. 

Agencies’ response: The agencies 

agree that 2-door cars can be included 

in the analysis, and NHTSA retracts 

previous statements that DRI’s inclusion 

of them was incorrect. In its 2010 

analysis, NHTSA finds that it makes 

little difference to the results whether 2- 

door cars are included, partially 

included, or excluded from the analysis. 

Thus, analyses of 2-door and 4-door cars 

combined, as well as other 

combinations, have been included in 

the analysis. That said, no combination 

of 2-door and 4-door cars resulted in 

NHTSA’s finding a safety benefit for 

passenger cars due to mass reduction. 

NHTSA and DRI may have reached 

different conclusions due to different 

assumptions 

DRI commented that the differences 

found between its study and NHTSA’s 

may be due to the different assumptions 

about the linearity of the curb weight 

effect and control variable for driver age, 

vehicle age, road conditions, and other 

factors. NHTSA’s analysis was based on 

a two-piece linear model for curb weight 

with two different weight groups (less 

than 2,950 lbs., and greater than or 

equal to 2.950 lbs). The DRI analysis 

assumed a linear model for curb weight 

with a single weight group. 

Additionally, DRI stated that NHTSA’s 

use of eight control variables (rather 

than three control variables like DRI 

used) for driver age introduces 

additional degrees of freedom into the 

regressions, which it suggested may be 

correlated with the curb weight, 

wheelbase, and track width, and/or 

other control variables. DRI suggested 

that this may also affect the results and 

cause or contribute to the differences in 

outcomes between NHTSA and DRI. 

Agencies’ response: NHTSA’s FRIA 

documents that NHTSA analyzed its 

database using both a single parameter 

for weight (a linear model) and two 

parameters for weight (a two-piece 

linear model). In both cases, the logistic 

regression responded identically, 

allocating the same way between 

weight, wheelbase, track width, or 

footprint.136 Thus, NHTSA does not 

believe that the differences between its 

results and DRI’s results are due to 

whether the studies used a single weight 

group or two weight groups. 

The FRIA also documents that 

NHTSA examined NHTSA’s use of eight 

control variables for driver age (ages 14– 

30, 30–50, 50–70, 70+ for males and 

females separately, versus DRI’s use of 

three control variables for age (FEMALE 

= 1 for females, 0 for males, 

YOUNGDRV = 35–AGE for drivers 

under 35, 0 for all others, OLDMAN = 

AGE–50 for males over 50, 0 for all 

others; OLDWOMAN = AGE–45 for 

females over 45, 0 for all others) to see 

if that affected the results. NHTSA ran 

its analysis using the eight control 

variables and again using three control 

variables for age, and obtained similar 

results each time.137 Thus, NHTSA does 

not believe that the differences between 

its results and DRI’s results are due to 

the number of control variables used for 

driver age. 

NHTSA’s and DRI’s conclusions may be 

similar if confidence intervals are 

taken into account 

DRI commented that NHTSA has not 

reported confidence intervals, while DRI 

has reported them in its studies. Thus, 

DRI argued, it is not possible to 

determine whether the confidence 

intervals overlap and whether the 

differences between NHTSA’s and DRI’s 

analyses are statistically significant. 

Agencies’ response: NHTSA has 

included confidence intervals for the 

main results of the 2010 Kahane 

analysis, as shown in Chapter IX of 

NHTSA’s FRIA. For passenger cars, the 

NHTSA results are a statistically 

mstockstill on DSKB9S0YB1PROD with RULES2

25392 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 

138 Greene, W. H. (1993). Econometric Analysis, 

Second Edition. New York: Macmillan Publishing 

Company, pp. 266–268; Allison, P.D. (1999), 

Logistic Regression Using the SAS System. Cary, 

NC: SAS Institute Inc., pp. 48–51. The report shows 

variance inflation factor (VIF) scores in the 5–7 

range for curb weight, wheelbase, and track width 

(or, alternatively, curb weight and footprint) in 

NHTSA’s database, exceeding the 2.5 level where 

near multicollinearity begins to become a concern 

in logistic regression analyses. 

139NHTSA believes that, given the near 

multicollinearity of the independent variables, the 

two-step regression augments the possibility of 

estimating inaccurate coefficients for curb weight, 

because it weakens relationships between curb 

weight and dependent variables by splitting the 

effect of curb weight across the two regression steps 

as discussed further in Subsection 2.3 of NHTSA’s 

report. 

significant increase in fatalities with a 

100 pound reduction while maintaining 

track width and wheelbase (or 

footprint); the DRI results are a 

statistically significant decrease in 

fatalities with a 100 pound reduction 

while maintaining track width and 

wheelbase. The DRI results are thus 

outside the confidence bounds of the 

NHTSA results and do not overlap. 

NHTSA should include a ‘‘best-case’’ 

estimate in its study 

Several commenters (Center for Auto 

Safety, NRDC, Public Citizen, Sierra 

Club et al., and Wenzel) urged NHTSA 

to include a ‘‘best-case’’ estimate in the 

final rule, showing scenarios in which 

lives were saved rather than lost. Public 

Citizen stated that there would be safety 

benefits to reducing the weight of the 

heaviest vehicles while leaving the 

weight of the lighter vehicles 

unchanged, and that increasing the 

number of smaller vehicles would 

provide safety benefits to pedestrians, 

bicyclists, and motorcyclists. Sierra 

Club et al. stated that new materials, 

smart design, and lighter, more 

advanced engines can all improve fuel 

economy while maintaining or 

increasing vehicle safety. Both Center 

for Auto Safety and Sierra Club argued 

that the agency should have presented 

a ‘‘best-case’’ scenario to balance out the 

‘‘worst-case’’ scenario presented in the 

NPRM, especially if NHTSA itself 

believed that the worst-case scenario 

was not inevitable. NRDC requested that 

NHTSA present both a ‘‘best-case’’ and a 

‘‘most likely’’ scenario. Wenzel simply 

stated that NHTSA did not present a 

‘‘best-case’’ scenario, despite DRI’s 

finding in 2005 that fatalities would be 

reduced if track width was held 

constant. 

Agencies’ response: NHTSA has 

included an ‘‘upper estimate’’ and a 

‘‘lower estimate’’ in the new 2010 

Kahane analysis. The lower estimate 

assumes that mass reduction will be 

accomplished entirely by material 

substitution or other techniques that do 

not perceptibly change a vehicle’s 

shape, structural strength, or ride 

quality. The lower estimate examines 

specific crash modes and is meant to 

reflect the increase in fatalities for the 

specific crash modes in which a 

reduction in mass per se in the case 

vehicle would result in a reduction in 

safety: namely, collisions with larger 

vehicles not covered by the regulations 

(e.g., trucks with a GVWR over 10,000 

lbs), collisions with partially-movable 

objects (e.g., some trees, poles, parked 

cars, etc.), and collisions of cars or light 

LTVs with heavier LTVs—as well as the 

specific crash modes where a reduction 

in mass per se in the case vehicle would 

benefit safety: namely, collisions of 

heavy LTVs with cars or lighter LTVs. 

NHTSA believes that this is the effect of 

mass per se, i.e., the effects of reduced 

mass will generally persist in these 

crashes regardless of how the mass is 

reduced. The lower estimate attempts to 

quantify that scenario, although any 

such estimate is hypothetical and 

subject to considerable uncertainty. 

NHTSA believes that a ‘‘most likely’’ 

scenario cannot be determined with any 

certainty, and would depend entirely 

upon agency assumptions about how 

manufacturers intend to reduce mass in 

their vehicles. While we can speculate 

upon the potential effects of different 

methods of mass reduction, we cannot 

predict with certainty what 

manufacturers will ultimately do. 

NHTSA should not include a ‘‘worstcase’’ estimate in its study 

NRDC, Public Citizen and Sierra Club 

et al. commented that NHTSA should 

remove the ‘‘worst-case scenario’’ 

estimate from the rulemaking, generally 

because it was based on an analysis that 

evaluated historical vehicles, and future 

vehicles would be sufficiently different 

to render the ‘‘worst-case scenario’’ 

inapplicable. 

Agencies’ response: NHTSA stated in 

the NPRM that the ‘‘worst-case scenario’’ 

addressed the effect of a kind of 

downsizing (i.e., mass reduction 

accompanied by footprint reduction) 

that was not likely to be a consequence 

of attribute-based CAFE standards, and 

that the agency would refine its analysis 

of such a scenario for the final rule. 

NHTSA has not used the ‘‘worst-case 

scenario’’ in the final rule. Instead, we 

present three scenarios: the first is an 

estimate based directly on the regression 

coefficients of weight reduction while 

maintaining footprint in the statistical 

analyses of historical data. As discussed 

above, presenting this scenario is 

possible because NHTSA attempted to 

separate the effects of weight and 

footprint reduction in the new analysis. 

However, even the new analysis of LTVs 

produced some coefficients that NHTSA 

did not consider entirely plausible. 

NHTSA also presents an ‘‘upper 

estimate’’ in which those coefficients for 

the LTVs were adjusted based on 

additional analyses and expert opinion 

as a safety agency and a ‘‘lower 

estimate,’’ which estimates the effect if 

mass reduction is accomplished entirely 

by safety-conscious technologies such as 

material substitution. 

3. How has NHTSA refined its analysis 

for purposes of estimating the potential 

safety effects of this Final Rule? 

During the past months, NHTSA has 

extensively reviewed the literature on 

vehicle mass, size, and fatality risk. 

NHTSA now agrees with DRI and other 

commenters that it is essential to 

analyze the effect of mass 

independently from the effects of size 

parameters such as wheelbase, track 

width, or footprint—and that the 

NPRM’s ‘‘worst-case’’ scenario based on 

downsizing (in which weight, 

wheelbase, and track width could all be 

changed) is not useful for that purpose. 

The agency should instead provide 

estimates that better reflect the more 

likely effect of the regulation— 

estimating the effect of mass reduction 

that maintains footprint. 

Yet it is more difficult to analyze 

multiple, independent parameters than 

a single parameter (e.g., curb weight), 

because there is a potential concern that 

the near multicollinearity of the 

parameters—the strong, natural and 

historical correlation of mass and size— 

can lead to inaccurate statistical 

estimates of their effects.138 NHTSA has 

performed new statistical analyses of its 

historical database of passenger cars, 

light trucks, and vans (LTVs) from its 

2003 report (now including also 2-door 

cars), assessing relationships between 

fatality risk, mass, and footprint. They 

are described in Subsections 2.2 (cars) 

and 3.2 (LTVs) of the 2010 Kahane 

report presented in Chapter IX of the 

FRIA. While the potential concerns 

associated with near multicollinearity 

are inherent in regression analyses with 

multiple size/mass parameters, NHTSA 

believes that the analysis approach in 

the 2010 Kahane report, namely a 

single-step regression analysis, generally 

reduces those concerns 139 and models 

the trends in the historical data. The 

results differ substantially from DRI’s, 

based on a two-step regression analysis. 

Subsections 2.3 and 2.4 of the 2010 

mstockstill on DSKB9S0YB1PROD with RULES2

Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 25393 

140As evidenced by VIF scores in the 5–7 range, 

exceeding the 2.5 level where near multicollinearity 

begins to become a concern in logistic regression 

analyses. 

141Subsection 2.3 of the 2010 Kahane report 

attempts to explain why the two-step method, when 

applied to NHTSA’s 2003 database, produces 

results a lot like DRI’s, but it does not claim that 

DRI obtained its results from its own database for 

exactly those reasons. NHTSA did not analyze DRI’s 

database. The two-step method is ‘‘theoretically 

unbiased’’ in the sense that it seeks to estimate the 

same parameters as the one-step analysis. 

142This is discussed in greater depth in 

Subsections 2.1 and 2.5 of the 2010 Kahane report. 

The historic trend toward higher crash-involvement 

rates for lighter and smaller vehicles is documented 

in IIHS Advisory No. 5, July 1988, http:// 

www.iihs.org/research/advisories/ 

iihs_advisory_5.pdf; IIHS News Release, February 

24, 1998, http://www.iihs.org/news/1998/ 

iihs_news_022498.pdf; Auto Insurance Loss Facts, 

September 2009, http://www.iihs.org/research/hldi/ 

fact_sheets/CollisionLoss_0909.pdf. 

Kahane report attempt to account for the 

differences primarily by applying 

selected techniques from DRI’s analyses 

to NHTSA’s database. 

The statistical analyses—logistic 

regressions—of trends in MYs 1991– 

1999 vehicles generate one set of 

estimates of the possible effects of 

reducing mass by 100 pounds while 

maintaining footprint. While these 

effects might conceivably carry over to 

future mass reductions, there are two 

reasons that future safety effects of mass 

reduction could differ from projections 

from historical data: 

• The statistical analyses are ‘‘crosssectional’’ analyses that estimate the 

increase in fatality rates for vehicles 

weighing n-100 pounds relative to 

vehicles weighing n pounds, across the 

spectrum of vehicles on the road, from 

the lightest to the heaviest. They do not 

directly compare the fatality rates for a 

specific make and model before and 

after a 100-pound reduction from that 

model. Instead, they use the differences 

across makes and models as a surrogate 

for the effects of actual reductions 

within a specific model; those crosssectional differences could include 

trends that are statistically, but not 

causally related to mass. 

• The manner in which mass changed 

across MY 1991–1999 vehicles might 

not be consistent with future mass 

reductions, due to the availability of 

newer materials and design methods. 

Therefore, Subsections 2.5 and 3.4 of 

the 2010 Kahane report supplement 

those estimates with one or more 

scenarios in which some of the logistic 

regression coefficients are replaced by 

numbers based on additional analyses 

and NHTSA’s judgment of the likely 

effect of mass per se (the ability to 

transfer momentum to other vehicles or 

objects in a collision) and of what trends 

in the historical data could be avoided 

by current mass-reduction technologies 

such as materials substitution. The 

various scenarios may be viewed as a 

plausible range of point estimates for 

the effects of mass reduction while 

maintaining footprint, but they should 

not be construed as upper and lower 

bounds. Furthermore, being point 

estimates, they are themselves subject to 

uncertainties, such as, for example, the 

sampling errors associated with 

statistical analyses. 

The principal findings and 

conclusions of the 2010 Kahane report 

are as follows: 

Passenger cars: This database with the 

one-step regression method of the 2003 

Kahane report estimates an increase of 

700–800 fatalities when curb weight is 

reduced by 100 pounds and footprint is 

reduced by 0.65 square feet (the historic 

average footprint reduction per 100- 

pound mass reduction in cars). The 

regression attributes the fatality increase 

about equally to curb weight and to 

footprint. The results are approximately 

the same whether 2-door cars are fully 

included or partially included in the 

analysis or whether only 4-door cars are 

included (as in the 2003 report). 

Regressions by curb weight, track width 

and wheelbase produce findings quite 

similar to the regressions by curb weight 

and footprint, but the results with the 

single ‘‘size’’ variable, footprint, rather 

than the two variables, track width and 

wheelbase vary even less with the 

inclusion or exclusion of 2-door cars. 

In Subsection 2.3 of the new report, 

a two-step regression method that 

resembles (without exactly replicating) 

the approach by DRI, when applied to 

the same (NHTSA’s) crash and 

registration data, estimates a large 

benefit when mass is reduced, offset by 

even larger fatality increases when track 

width and wheelbase (or footprint) are 

reduced. NHTSA believes that the 

benefit estimated by this method is 

inaccurate, due to the potential 

concerns with the near multicollinearity 

of the parameters (curb weight, track 

width, and wheelbase) 140 even though 

the analysis is theoretically unbiased.141

Almost any analysis incorporating those 

parameters has a possibility of 

inaccurate coefficients due to near 

multicollinearity; however, based on 

our own experience with other 

regression analyses of crash data, 

NHTSA believes a DRI-type two-step 

method augments the possibility of 

estimating inaccurate coefficients for 

curb weight, because it weakens 

relationships between curb weight and 

dependent variables by splitting the 

effect of curb weight across the two 

regression steps. 

In Subsection 2.4 of the new report, 

as a check on the results from the 

regression methods, NHTSA also 

performed what we refer to as ‘‘decile’’ 

analyses: Simpler, tabular data analysis 

that compares fatality rates of cars of 

different mass but similar footprint. 

Decile analysis is not a precise tool 

because it does not control for 

confounding factors such as driver age/ 

gender or the specific type of car, but it 

may be helpful in identifying the 

general directional trend in the data 

when footprint is held constant and 

curb weight varies. The decile analyses 

show that fatality risk in MY 1991–1999 

cars generally increased and rarely 

decreased for lighter relative to heavier 

cars of the same footprint. They suggest 

that the historical, cross-sectional trend 

was generally in the lighter ↔ more 

fatalities direction and not in the 

opposite direction, as might be 

suggested by the regression coefficients 

from the method that resembles DRI’s 

approach. 

The regression coefficients from 

NHTSA’s one-step method suggest that 

mass and footprint each accounted for 

about half the fatality increase 

associated with downsizing in a crosssectional analysis of 1991–1999 cars. 

They estimate the historical difference 

in societal fatality rates (i.e., including 

fatalities to occupants of all the vehicles 

involved in the collisions, plus any 

pedestrians) of cars of different curb 

weights but the same footprint. They 

may be considered an ‘‘upper-estimate 

scenario’’ of the effect of future mass 

reduction—if it were accomplished in a 

manner that resembled the historical 

cross-sectional trend—i.e., without any 

particular regard for safety (other than 

not to reduce footprint). 

However, NHTSA believes that future 

vehicle design is likely to take 

advantage of safety-conscious 

technologies such as materials 

substitution that can reduce mass 

without perceptibly changing a car’s 

shape or ride and maintain its structural 

strength. This could avoid much of the 

risk associated with lighter and smaller 

vehicles in the historical analyses, 

especially the historical trend toward 

higher crash-involvement rates for 

lighter and smaller vehicles.142 It could 

thereby shrink the added risk close to 

just the effects of mass per se (the ability 

to transfer momentum to other vehicles 

or objects in a collision). Subsection 2.5 

of the 2010 Kahane report attempts to 

quantify a ‘‘lower-estimate scenario’’ for 

the potential effect of mass reduction 

achieved by safety-conscious 

technologies; the estimated effects are 

substantially smaller than in the uppermstockstill on DSKB9S0YB1PROD with RULES2

25394 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 

143Footprint-based standards do not specify how 

or where to remove mass while maintaining 

footprint, nor do they categorically forbid footprint 

reductions, even if they discourage them. 144For example, mid-size SUVs of the 1990s 

typically had high mass relative to their short 

wheelbase and footprint (and exceptionally high 

rates of fatal rollovers); minivans typically have low 

mass relative to their footprint (and low fatality 

rates); heavy-duty pickup trucks used extensively 

for work tend to have more mass, for the same 

footprint, as basic full-sized pickup trucks that are 

more often used for personal transportation. 

145Reducing mass by 100 pounds in these 

vehicles is estimated to have the listed percentage 

effect on fatalities in crashes involving these 

vehicles. For example, if these vehicles are involved 

in crashes that result in 10,000 fatalities, 2.21 

means that if mass is reduced by 100 pounds, 

fatalities will increase to 10,221 and ¥0.73 means 

fatalities will decrease to 9,927. In the scenario 

based on actual regression results, the 1.96-sigma 

sampling errors in the above estimates are ±0.91 

percentage points for cars < 2,950 pounds and also 

for cars ≥ 2,950 pounds, ±0.82 percentage points for 

LTVs < 3,870 pounds, and ±1.18 percentage points 

for LTVs ≥ 3,870 pounds. In other words, the 

fatality increase in the cars < 2,950 pounds and the 

societal fatality reduction attributed to mass 

reduction in the LTVs ≥ 3,870 pounds are 

statistically significant. The sampling errors 

associated with the scenario based on actual 

regression results perhaps also indicate the general 

level of statistical noise in the other two scenarios. 

146For passenger cars, the upper-estimate 

scenario is the actual-regression-result scenario. 

estimate scenario based directly on the 

regression results. 

We note, again, that the preceding 

paragraph is conditional. Nothing in the 

CAFE standard requires manufacturers 

to use material substitution or, more 

generally, take a safety-conscious 

approach to mass reduction.143 Federal 

Motor Vehicle Safety Standards include 

performance tests that verify historical 

improvements in structural strength and 

crashworthiness, but few FMVSS 

provide test information that sheds light 

about how a vehicle rides or otherwise 

helps explain the trend toward higher 

crash-involvement rates for lighter and 

smaller vehicles. It is possible that using 

material substitution and other current 

mass reduction methods could avoid the 

historical trend in this area, but that 

remains to be studied as manufacturers 

introduce more of these vehicles into 

the on-road fleet in coming years. A 

detailed discussion of methods 

currently used for reducing the mass of 

passenger cars and light trucks is 

included in Chapter 3 of the Technical 

Support Document. 

LTVs: The principal difference 

between LTVs and passenger cars is that 

mass reduction in the heavier LTVs is 

estimated to have significant societal 

benefits, in that it reduces the fatality 

risk for the occupants of cars and light 

LTVs that collide with the heavier 

LTVs. By contrast, footprint (size) 

reduction in LTVs has a harmful effect 

(for the LTVs’ own occupants), as in 

cars. The regression method of the 2003 

Kahane report applied to the database of 

that report estimates a societal increase 

of 231 fatalities when curb weight is 

reduced by 100 pounds and footprint is 

reduced by 0.975 square feet (the 

historic average footprint reduction per 

100-pound mass reduction in LTVs). 

But the regressions attribute an overall 

reduction of 266 fatalities to the 100- 

pound mass reduction and an increase 

of 497 fatalities to the .975-square-foot 

footprint reduction. The regression 

results constitute one of the scenarios 

for the possible societal effects of future 

mass reduction in LTVs. 

However, NHTSA cautions that some 

of the regression coefficients, even by 

NHTSA’s preferred method, might not 

accurately model the historical trend in 

the data, possibly due to near 

multicollinearity of curb weight and 

footprint or because of the interaction of 

both of these variables with LTV 

type.144 Based on supplementary 

analyses and discussion in Subsections 

3.3 and 3.4, the new report defines an 

additional upper-estimate scenario that 

NHTSA believes may more accurately 

reflect the historical trend in the data 

and a lower-estimate scenario that may 

come closer to the effects of mass per se. 

All three scenarios, however, attribute a 

societal fatality reduction to mass 

reduction in the heavier LTVs. 

Overall effects of mass reduction 

while maintaining footprint in cars and 

LTVs: The immediate purpose of the 

new report’s analyses of relationships 

between fatality risk, mass, and 

footprint is to develop the four 

parameters that the Volpe model needs 

in order to predict the safety effects, if 

any, of the modeled mass reductions in 

MYs 2012–2016 cars and LTVs over the 

lifetime of those vehicles. The four 

numbers are the overall percentage 

increases or decreases, per 100-pound 

mass reduction while holding footprint 

constant, in crash fatalities involving: 

(1) Cars < 2,950 pounds (which was the 

median curb weight of cars in MY 1991– 

1999), (2) cars ≥ 2,950 pounds, (3) LTVs 

< 3,870 pounds (which was the median 

curb weight of LTVs in those model 

years), and (4) LTVs ≥ 3,870 pounds. 

Here are the percentage effects for each 

of the three alternative scenarios, again, 

the ‘‘upper-estimate scenario’’ and the 

‘‘lower-estimate scenario’’ have been 

developed based on NHTSA’s expert 

opinion as a vehicle safety agency: 

FATALITY INCREASE PER 100-POUND REDUCTION (%) 145

Actual regression 

result scenario 

NHTSA expert 

opinion upper-estimate scenario 146

NHTSA expert 

opinion lower-estimate scenario 

Cars < 2,950 pounds ................................................................................................. 2.21 2.21 1.02 

Cars ≥ 2,950 pounds ................................................................................................. 0.90 0.90 0.44 

LTVs < 3,870 pounds ................................................................................................ 0.17 0.55 0.41 

LTVs ≥ 3,870 pounds ................................................................................................ ¥1.90 ¥0.62 ¥0.73 

In all three scenarios, the estimated 

effects of a 100-pound mass reduction 

while maintaining footprint are an 

increase in fatalities in cars < 2,950 

pounds, substantially smaller increases 

in cars ≥ 2,950 pounds and LTVs 

< 3,870 pounds, and a societal benefit 

for LTVs ≥ 3,870 pounds (because it 

reduces fatality risk to occupants of cars 

and lighter LTVs they collide with). 

These are the estimated effects of 

reducing each vehicle by exactly 

100pounds. However, the actual mass 

reduction will vary by make, model, and 

year. The aggregate effect on fatalities 

can only be estimated by attempting to 

forecast, as NHTSA has using inputs to 

the Volpe model, the mass reductions 

by make and model. It should be noted, 

however, that a 100-pound reduction 

would be 5 percent of the mass of a 

2000-pound car but only 2 percent of a 

5000-pound LTV. Thus, a forecast that 

mass will decrease by an equal or 

greater percentage in the heavier 

vehicles than in the lightest cars would 

be proportionately more influenced by 

the benefit for mass reduction in the 

heavy LTVs than by the fatality 

increases in the other groups; it is likely 

to result in an estimated net benefit 

under one or more of the scenarios. It 

should also be noted, again, that the 

mstockstill on DSKB9S0YB1PROD with RULES2

Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 25395 

three scenarios are point estimates and 

are subject to uncertainties, such as the 

sampling errors associated with the 

regression results. In the scenario based 

on actual regression results, the 1.96- 

sigma sampling errors in the above 

estimates are ± 0.91 percentage points 

for cars < 2,950 pounds and also for cars 

≥ 2,950 pounds, ± 0.82 percentage 

points for LTVs < 3,870 pounds, and ± 

1.18 percentage points for LTVs ≥ 3,870 

pounds. In other words, the fatality 

increase in the cars < 2,950 pounds and 

the societal fatality reduction attributed 

to mass reduction in the LTVs ≥ 3,870 

pounds are statistically significant. The 

sampling errors associated with the 

scenario based on actual regression 

results perhaps also indicate the general 

level of statistical noise in the other two 

scenarios. 

4. What are the estimated safety effects 

of this Final Rule? 

The table below shows the estimated 

safety effects of the modeled reduction 

in vehicle mass provided in the NPRM 

and in this final rule in order to meet 

the MYs 2012–2016 standards, based on 

the analysis described briefly above and 

in much more detail in Chapter IX of the 

FRIA. These are combined results for 

passenger cars and light trucks. A 

positive number is an estimated 

increase in fatalities and a negative 

number (shown in parentheses) is an 

estimated reduction in fatalities over the 

lifetime of the model year vehicles 

compared to the MY 2011 baseline fleet. 

MY 2012 MY 2013 MY 2014 MY 2015 MY 2016 

NPRM ‘‘Worst Case’’ ..................................................... 34 54 194 313 493 

NHTSA Expert Opinion Final Rule Upper Estimate ...... 9 14 26 24 22 

NHTSA Expert Opinion Final Rule Lower Estimate ...... 2 4 (17 ) (53 ) (80 ) 

Actual Regression Result Scenario ............................... 0 2 (94 ) (206 ) (301 ) 

NHTSA emphasizes that the table 

above is based on the NHTSA’s 

assumptions about how manufacturers 

might choose to reduce the mass of their 

vehicles in response to the final rule, 

which are very similar to EPA’s 

assumptions. In general, as discussed 

above, the agencies assume that mass 

will be reduced by as much as 10 

percent in the heaviest LTVs but only by 

as much as 5 percent in other vehicles 

and that substantial mass reductions 

will take place only in the year that 

models are redesigned. The actual mass 

reduction that is likely to occur in 

response to the standards will of course 

vary by make and model, depending on 

each manufacturer’s particular 

approach, with likely more opportunity 

for the largest LTVs that still use 

separate frame construction. 

The ‘‘upper estimate’’ presented 

above, as discussed in the FRIA, 

assumes only that manufacturers will 

reduce vehicle mass without reducing 

footprint. Thus, under such a scenario, 

safety effects could be somewhat 

adverse if, for example, manufacturers 

chose to reduce crush space associated 

with vehicle overhang as a way of 

reducing mass without changing 

footprint. The ‘‘lower estimate,’’ in turn, 

is based on the assumption that 

manufacturers will reduce vehicle mass 

solely through methods like material 

substitution, which (under these 

assumptions) fully maintain not only 

footprint but also all structural integrity, 

and other aspects of vehicle safety. 

Under these scenarios, safety effects 

could be worse if mass reduction was 

not undertaken thoughtfully to maintain 

existing safety levels, but could also be 

better if it was undertaken with a 

thorough and extensive vehicle redesign 

to maximize both mass reduction and 

safety. 

And finally, while NHTSA does not 

believe that the ‘‘worst-case’’ scenario 

presented in the NPRM is likely to occur 

during the MYs 2012–2016 timeframe, 

we cannot guarantee that manufacturers 

will never choose to reduce vehicle 

footprint, particularly if market forces 

lead to increased sales of small vehicles 

in response to sharp increases in the 

price of petroleum, though this situation 

would not be in direct response to the 

CAFE/GHG standards. Thus, we cannot 

completely reject the worst-case 

scenario for all vehicles, although we 

can and do recognize that the footprintbased standards will significantly limit 

the likelihood of its occurrence within 

the context of this rulemaking. 

In summary, the agencies recognize 

the balancing inherent in achieving 

higher levels of fuel economy and lower 

levels of CO2 emissions through 

reduction of vehicle mass. Based on the 

2010 Kahane analysis that attempts to 

separate the effects of mass reductions 

and footprint reductions, and to account 

better for the possibility that mass 

reduction will be accomplished entirely 

through methods that preserves 

structural strength and vehicle safety, 

the agencies now believe that the likely 

deleterious safety effects of the MYs 

2012–2016 standards may be much 

lower than originally estimated. They 

may be close to zero, or possibly 

beneficial if mass reduction is carefully 

undertaken in the future and if the mass 

reduction in the heavier LTVs is greater 

(in absolute terms) than in passenger 

cars. In light of these findings, we 

believe that the balancing is reasonable. 

5. How do the agencies plan to address 

this issue going forward? 

NHTSA and EPA believe that it is 

important for the agencies to conduct 

further study and research into the 

interaction of mass, size and safety to 

assist future rulemakings. The agencies 

intend to begin working collaboratively 

and to explore with DOE, CARB, and 

perhaps other stakeholders an 

interagency/intergovernmental working 

group to evaluate all aspects of mass, 

size and safety. It would also be the goal 

of this team to coordinate government 

supported studies and independent 

research, to the extent possible, to help 

ensure the work is complementary to 

previous and ongoing research and to 

guide further research in this area. 

DOE’s EERE office has long funded 

extensive research into component 

advanced vehicle materials and vehicle 

mass reduction. Other agencies may 

have additional expertise that will be 

helpful in establishing a coordinated 

work plan. The agencies are interested 

in looking at the weight-safety 

relationship in a more holistic 

(complete vehicle) way, and thanks to 

this CAFE rulemaking NHTSA has 

begun to bring together parts of the 

agency—crashworthiness, and crash 

avoidance rulemaking offices and the 

agency’s Research & Development 

office—in an interdisciplinary way to 

better leverage the expertise of the 

agency. Extending this effort to other 

agencies will help to ensure that all 

aspects of the weight-safety relationship 

are considered completely and carefully 

with our future research. The agencies 

also intend to carefully consider 

comments received in response to the 

NPRM in developing plans for future 

studies and research and to solicit input 

from stakeholders. 

The agencies also plan to watch for 

safety effects as the U.S. light-duty 

vehicle fleet evolves in response both to 

the CAFE/GHG standards and to 

consumer preferences over the next 

several years. Additionally, as new and 

mstockstill on DSKB9S0YB1PROD with RULES2

25396 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 

147 549 U.S.C. 497 (2007). For further information 

on Massachusetts v. EPA see the Endangerment and 

Cause or Contribute Findings for Greenhouse Gases 

under Section 202(a) the Clean Air Act, published 

in the Federal Register on December 15, 2009 (74 

FR 66496). There is a comprehensive discussion of 

the litigation’s history, the Supreme Court’s 

findings, and subsequent actions undertaken by the 

Bush Administration and the EPA from 2007–2008 

in response to the Supreme Court remand. This 

information is also available at: http:// 

www.epa.gov/climatechange/endangerment.html. 

advanced materials and component 

smart designs are developed and 

commercialized, and as manufacturers 

implement them in more vehicles, it 

will be useful for the agencies to learn 

more about them and to try to track 

these vehicles in the fleet to understand 

the relationship between vehicle design 

and injury/fatality data. Specifically, the 

agencies intend to follow up with study 

and research of the following: 

First, NHTSA is in the process of 

contracting with an independent 

institution to review the statistical 

methods that NHTSA and DRI have 

used to analyze historical data related to 

mass, size and safety, and to provide 

recommendation on whether the 

existing methods or other methods 

should be used for future statistical 

analysis of historical data. This study 

will include a consideration of potential 

near multicollinearity in the historical 

data and how best to address it in a 

regression analysis. This study is being 

initiated because, in response to the 

NPRM, NHTSA received a number of 

comments related to the methodology 

NHTSA used for the NPRM to 

determine the relationship between 

mass and safety, as discussed in detail 

above. 

Second, NHTSA and EPA, in 

consultation with DOE, intend to begin 

updating the MYs 1991–1999 database 

on which the safety analyses in the 

NPRM and final rule are based with 

newer vehicle data in the next several 

months. This task will take at least a 

year to complete. This study is being 

initiated in response to the NPRM 

comments related to the use of data 

from MYs 1991–1999 in the NHTSA 

analysis, as discussed in detail above. 

Third, in order to assess if the design 

of recent model year vehicles that 

incorporate various mass reduction 

methods affect the relationships among 

vehicle mass, size and safety, NHTSA 

and EPA intend to conduct collaborative 

statistical analysis, beginning in the 

next several months. The agencies 

intend to work with DOE to identify 

vehicles that are using material 

substitution and smart design. After 

these vehicles are identified, the 

agencies intend to assess if there are 

sufficient data for statistical analysis. If 

there are sufficient data, statistical 

analysis would be conducted to 

compare the relationship among mass, 

size and safety of these smart design 

vehicles to vehicles of similar size and 

mass with more traditional designs. 

This study is being initiated because, in 

response to the NPRM, NHTSA received 

comments related to the use of data 

from MYs 1991–1999 in the NHTSA 

analysis that did not include new 

designs that might change the 

relationship among mass, size and 

safety, as discussed in detail above. 

NHTSA may initiate a two-year study 

of the safety of the fleet through an 

analysis of the trends in structural 

stiffness and whether any trends 

identified impact occupant injury 

response in crashes. Vehicle 

manufacturers may employ stiffer light 

weight materials to limit occupant 

compartment intrusion while 

controlling for mass that may expose the 

occupants to higher accelerations 

resulting in a greater chance of injury in 

real-world crashes. This study would 

provide information that would increase 

the understanding of the effects on 

safety of newer vehicle designs. 

In addition, NHTSA and EPA, 

possibly in collaboration with DOE, may 

conduct a longer-term computer 

modeling-based design and analysis 

study to help determine the maximum 

potential for mass reduction in the MYs 

2017–2021 timeframe, through direct 

material substitution and smart design 

while meeting safety regulations and 

guidelines, and maintaining vehicle size 

and functionality. This study may build 

upon prior research completed on 

vehicle mass reduction. This study 

would further explore the 

comprehensive vehicle effects, 

including dissimilar material joining 

technologies, manufacturer feasibility of 

both supplier and OEM, tooling costs, 

and crash simulation and perhaps 

eventual crash testing. 

III. EPA Greenhouse Gas Vehicle 

Standards 

A. Executive Overview of EPA Rule 

1. Introduction 

The Environmental Protection Agency 

(EPA) is establishing GHG emissions 

standards for the largest sources of 

transportation GHGs—light-duty 

vehicles, light-duty trucks, and 

medium-duty passenger vehicles 

(hereafter light vehicles). These vehicle 

categories, which include cars, sport 

utility vehicles, minivans, and pickup 

trucks used for personal transportation, 

are responsible for almost 60% of all 

U.S. transportation related emissions of 

the six gases discussed above (Section 

I.A). This action represents the first-ever 

EPA rule to regulate vehicle GHG 

emissions under the Clean Air Act 

(CAA) and will establish standards for 

model years 2012–2016 and later light 

vehicles sold in the United States. 

EPA is adopting three separate 

standards. The first and most important 

is a set of fleet-wide average carbon 

dioxide (CO2) emission standards for 

cars and trucks. These standards are 

CO2 emissions-footprint curves, where 

each vehicle has a different CO2

emissions compliance target depending 

on its footprint value. Vehicle CO2

emissions will be measured over the 

EPA city and highway tests. The rule 

allows for credits based on 

demonstrated improvements in vehicle 

air conditioner systems, including both 

efficiency and refrigerant leakage 

improvement, which are not captured 

by the EPA tests. The EPA projects that 

the average light vehicle tailpipe CO2

level in model year 2011 will be 325 

grams per mile while the average 

vehicle fleetwide average CO2 emissions 

compliance level for the model year 

2016 standard will be 250 grams per 

mile, an average reduction of 23 percent 

from today’s CO2 levels. 

EPA is also finalizing standards that 

will cap tailpipe nitrous oxide (N2O) 

and methane (CH4) emissions at 0.010 

and 0.030 grams per mile, respectively. 

Even after adjusting for the higher 

relative global warming potencies of 

these two compounds, nitrous oxide 

and methane emissions represent less 

than one percent of overall vehicle 

greenhouse gas emissions from new 

vehicles. Accordingly, the goal of these 

two standards is to limit any potential 

increases of tailpipe emissions of these 

compounds in the future but not to force 

reductions relative to today’s low levels. 

This final rule responds to the 

Supreme Court’s 2007 decision in 

Massachusetts v. EPA 147 which found 

that greenhouse gases fit within the 

definition of air pollutant in the Clean 

Air Act. The Court held that the 

Administrator must determine whether 

or not emissions from new motor 

vehicles cause or contribute to air 

pollution which may reasonably be 

anticipated to endanger public health or 

welfare, or whether the science is too 

uncertain to make a reasoned decision. 

The Court further ruled that, in making 

these decisions, the EPA Administrator 

is required to follow the language of 

section 202(a) of the CAA. The case was 

remanded back to the Agency for 

reconsideration in light of the court’s 

decision. 

The Administrator has responded to 

the remand by issuing two findings 

under section 202(a) of the Clean Air 

mstockstill on DSKB9S0YB1PROD with RULES2

Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 25397 

148See 74 FR 66496 (Dec. 15, 2009), 

‘‘Endangerment and Cause or Contribute Findings 

for Greenhouse Gases Under Section 202(a) of the 

Clean Air Act’’. 

149 ‘‘Technical Support Document for 

Endangerment and Cause or Contribute Findings for 

Greenhouse Gases Under Section 202(a) of the 

Clean Air Act’’ Docket: EPA–HQ–OAR–2009–0472– 

11292. 

150 74 FR 66496 (Dec. 15, 2009). Both the Federal 

Register Notice and the Technical Support 

Document for Endangerment and Cause or 

Contribute Findings are found in the public docket 

No. EPA–OAR–2009–0171, in the public docket 

established for this rulemaking, and at http:// 

epa.gov/climatechange/endangerment.html. 

Act.148 First, the Administrator found 

that the science supports a positive 

endangerment finding that the mix of 

six greenhouse gases (carbon dioxide 

(CO2), methane (CH4), nitrous oxide 

(N2O), hydrofluorocarbons (HFCs), 

perfluorocarbons (PFCs), and sulfur 

hexafluoride (SF6)) in the atmosphere 

endangers the public health and welfare 

of current and future generations. This 

is referred to as the endangerment 

finding. Second, the Administrator 

found that the combined emissions of 

the same six gases from new motor 

vehicles and new motor vehicle engines 

contribute to the atmospheric 

concentrations of these key greenhouse 

gases and hence to the threat of climate 

change. This is referred to as the cause 

and contribute finding. Motor vehicles 

and new motor vehicle engines emit 

carbon dioxide, methane, nitrous oxide, 

and hydrofluorocarbons. EPA provides 

more details below on the legal and 

scientific bases for this final rule. 

As discussed in Section I, this GHG 

rule is part of a joint National Program 

such that a large majority of the 

projected benefits are achieved jointly 

with NHTSA’s CAFE rule which is 

described in detail in Section IV of this 

preamble. EPA projects total CO2

equivalent emissions savings of 

approximately 960 million metric tons 

as a result of the rule, and oil savings 

of 1.8 billion barrels over the lifetimes 

of the MY 2012–2016 vehicles subject to 

the rule. EPA projects that over the 

lifetimes of the MY 2012–2016 vehicles, 

the rule will cost $52 billion but will 

result in benefits of $240 billion at a 3 

percent discount rate, or $192 billion at 

a 7 percent discount rate (both values 

assume the average SCC value at 3%, 

i.e., the $21/ton SCC value in 2010). 

Accordingly, these light vehicle 

greenhouse gas emissions standards 

represent an important contribution 

under the Clean Air Act toward meeting 

long-term greenhouse gas emissions and 

import oil reduction goals, while 

providing important economic benefits 

as well. The results of our analysis of 

2012–2016 MY vehicles, which we refer 

to as our ‘‘model year analysis,’’ are 

summarized in Tables III.H.10–4 to 

III.H.10–7. 

We have also looked beyond the 

lifetimes of 2012–2016 MY vehicles at 

annual costs and benefits of the program 

for the 2012 through 2050 timeframe. 

We refer to this as our ‘‘calendar year’’ 

analysis (as opposed to the costs and 

benefits mentioned above which we 

refer to as our ‘‘model year analysis’’). In 

our calendar year analysis, the new 

2016 MY standards are assumed to 

apply to all vehicles sold in model years 

2017 and later. The net present values 

of annual costs for the 2012 through 

2050 timeframe are $346 billion for new 

vehicle technology which will provide 

$1.5 billion in fuel savings, both values 

at a 3 percent discount rate. At a 7 

percent discount rate over the same 

period, the technology costs are 

estimated at $192 billion which will 

provide $673 billion in fuel savings. The 

social benefits during the 2012 through 

2050 timeframe are estimated at $454 

billion and $305 billion at a 3 and 7 

percent discount rate, respectively. Both 

of these benefit estimates assume the 

average SCC value at 3% (i.e., the $21/ 

ton SCC value in 2010). The net benefits 

during this time period are then $1.7 

billion and $785 million at a 3 and 7 

percent discount rate, respectively. The 

results of our ‘‘calendar year’’ analysis 

are summarized in Tables III.H 10–1 to 

III.H.10–3. 

2. Why is EPA establishing this Rule? 

This rule addresses only light 

vehicles. EPA is addressing light 

vehicles as a first step in control of 

greenhouse gas emissions under the 

Clean Air Act for four reasons. First, 

light vehicles are responsible for almost 

60% of all mobile source GHG 

emissions, a share three times larger 

than any other mobile source subsector, 

and represent about one-sixth of all U.S. 

greenhouse gas emissions. Second, 

technology exists that can be readily 

and cost-effectively applied to these 

vehicles to reduce their greenhouse gas 

emissions in the near term. Third, EPA 

already has an existing testing and 

compliance program for these vehicles, 

refined since the mid-1970s for 

emissions compliance and fuel economy 

determinations, which would require 

only minor modifications to 

accommodate greenhouse gas emissions 

regulations. Finally, this rule is an 

important step in responding to the 

Supreme Court’s ruling in 

Massachusetts v. EPA, which applies to 

other emissions sources in addition to 

light-duty vehicles. In fact, EPA is 

currently evaluating controls for motor 

vehicles other than those covered by 

this rule, and is also reviewing seven 

motor vehicle related petitions 

submitted by various states and 

organizations requesting that EPA use 

its Clean Air Act authorities to take 

action to reduce greenhouse gas 

emissions from aircraft (under 

§ 231(a)(2)), ocean-going vessels (under 

§ 213(a)(4)), and other nonroad engines 

and vehicle sources (also under 

§ 213(a)(4)). 

a. Light Vehicle Emissions Contribute to 

Greenhouse Gases and the Threat of 

Climate Change 

Greenhouse gases are gases in the 

atmosphere that effectively trap some of 

the Earth’s heat that would otherwise 

escape to space. Greenhouse gases are 

both naturally occurring and 

anthropogenic. The primary greenhouse 

gases of concern that are directly 

emitted by human activities include 

carbon dioxide, methane, nitrous oxide, 

hydrofluorocarbons, perfluorocarbons, 

and sulfur hexafluoride. 

These gases, once emitted, remain in 

the atmosphere for decades to centuries. 

Thus, they become well mixed globally 

in the atmosphere and their 

concentrations accumulate when 

emissions exceed the rate at which 

natural processes remove greenhouse 

gases from the atmosphere. The heating 

effect caused by the human-induced 

buildup of greenhouse gases in the 

atmosphere is very likely the cause of 

most of the observed global warming 

over the last 50 years.149 The key effects 

of climate change observed to date and 

projected to occur in the future include, 

but are not limited to, more frequent 

and intense heat waves, more severe 

wildfires, degraded air quality, heavier 

and more frequent downpours and 

flooding, increased drought, greater sea 

level rise, more intense storms, harm to 

water resources, continued ocean 

acidification, harm to agriculture, and 

harm to wildlife and ecosystems. A 

detailed explanation of observed and 

projected changes in greenhouse gases 

and climate change and its impact on 

health, society, and the environment is 

included in EPA’s technical support 

document for the recently promulgated 

Endangerment and Cause or Contribute 

Findings for Greenhouse Gases Under 

Section 202(a) of the Clean Air Act.150

Mobile sources represent a large and 

growing share of United States 

greenhouse gases and include light-duty 

vehicles, light-duty trucks, mediumduty passenger vehicles, heavy duty 

trucks, airplanes, railroads, marine 

vessels and a variety of other sources. In 

2007, all mobile sources emitted 31% of 

mstockstill on DSKB9S0YB1PROD with RULES2

25398 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 

151 Inventory of U.S. Greenhouse Gases and Sinks: 

1990–2007. 

152Mobile source carbon dioxide emissions in 

2006 equaled 26 percent of total U.S. CO2

emissions. 

153 In 2006, methane emissions equaled 0.32 

percent of total U.S. methane emissions. Nitrous 

oxide is a product of the reaction that occurs 

between nitrogen and oxygen during fuel 

combustion. 

154 In 2006, nitrous oxide emissions for these 

sources accounted for 8 percent of total U.S. nitrous 

oxide emissions. 

155 In 2006, HFC from these source categories 

equaled 56 percent of total U.S. HFC emissions, 

making it the single largest source category of U.S. 

HFC emissions. 156 74 FR 66496 (Dec. 15, 2009). 157 74 FR 66496 (Dec. 15, 2009) 

all U.S. GHGs, and were the fastestgrowing source of U.S. GHGs in the U.S. 

since 1990. Transportation sources, 

which do not include certain offhighway sources such as farm and 

construction equipment, account for 

28% of U.S. GHG emissions, and 

Section 202(a) sources, which include 

light-duty vehicles, light-duty trucks, 

medium-duty passenger vehicles, 

heavy-duty trucks, buses, and 

motorcycles account for 23% of total 

U.S. GHGs.151

Light vehicles emit carbon dioxide, 

methane, nitrous oxide and 

hydrofluorocarbons. Carbon dioxide 

(CO2) is the end product of fossil fuel 

combustion. During combustion, the 

carbon stored in the fuels is oxidized 

and emitted as CO2 and smaller 

amounts of other carbon compounds.152

Methane (CH4) emissions are a function 

of the methane content of the motor 

fuel, the amount of hydrocarbons 

passing uncombusted through the 

engine, and any post-combustion 

control of hydrocarbon emissions (such 

as catalytic converters).153 Nitrous oxide 

(N2O) (and nitrogen oxide (NOX)) 

emissions from vehicles and their 

engines are closely related to air-fuel 

ratios, combustion temperatures, and 

the use of pollution control equipment. 

For example, some types of catalytic 

converters installed to reduce motor 

vehicle NOX, carbon monoxide (CO) and 

hydrocarbon emissions can promote the 

formation of N2O.154

Hydrofluorocarbons (HFC) emissions 

are progressively replacing 

chlorofluorocarbons (CFC) and 

hydrochlorofluorocarbons (HCFC) in 

these vehicles’ cooling and refrigeration 

systems as CFCs and HCFCs are being 

phased out under the Montreal Protocol 

and Title VI of the CAA. There are 

multiple emissions pathways for HFCs 

with emissions occurring during 

charging of cooling and refrigeration 

systems, during operations, and during 

decommissioning and disposal.155

b. Basis for Action Under the Clean Air 

Act 

Section 202(a)(1) of the Clean Air Act 

(CAA) states that ‘‘the Administrator 

shall by regulation prescribe (and from 

time to time revise) * * * standards 

applicable to the emission of any air 

pollutant from any class or classes of 

new motor vehicles * * *, which in his 

judgment cause, or contribute to, air 

pollution which may reasonably be 

anticipated to endanger public health or 

welfare.’’ As noted above, the 

Administrator has found that the 

elevated concentrations of greenhouse 

gases in the atmosphere may reasonably 

be anticipated to endanger public health 

and welfare.156 The Administrator 

defined the ‘‘air pollution’’ referred to in 

CAA section 202(a) to be the combined 

mix of six long-lived and directly 

emitted GHGs: Carbon dioxide (CO2), 

methane (CH4), nitrous oxide (N2O), 

hydrofluorocarbons (HFCs), 

perfluorocarbons (PFCs), and sulfur 

hexafluoride (SF6). The Administrator 

has further found under CAA section 

202(a) that emissions of the single air 

pollutant defined as the aggregate group 

of these same six greenhouse gases from 

new motor vehicles and new motor 

vehicle engines contribute to air 

pollution. As a result of these findings, 

section 202(a) requires EPA to issue 

standards applicable to emissions of 

that air pollutant. New motor vehicles 

and engines emit CO2, methane, N2O 

and HFC. This preamble describes the 

provisions that control emissions of 

CO2, HFCs, nitrous oxide, and methane. 

For further discussion of EPA’s 

authority under section 202(a), see 

Section I.C.2 of the preamble to the 

proposed rule (74 FR at 49464–66). 

There are a variety of other CAA Title 

II provisions that are relevant to 

standards established under section 

202(a). The standards are applicable to 

motor vehicles for their useful life. EPA 

has the discretion in determining what 

standard applies over the vehicles’ 

useful life and has exercised that 

discretion in this rule. See Section 

III.E.4 below. 

The standards established under CAA 

section 202(a) are implemented and 

enforced through various mechanisms. 

Manufacturers are required to obtain an 

EPA certificate of conformity before 

they may sell or introduce their new 

motor vehicle into commerce, according 

to CAA section 206(a). The introduction 

into commerce of vehicles without a 

certificate of conformity is a prohibited 

act under CAA section 203 that may 

subject a manufacturer to civil penalties 

and injunctive actions (see CAA 

sections 204 and 205). Under CAA 

section 206(b), EPA may conduct testing 

of new production vehicles to determine 

compliance with the standards. For inuse vehicles, if EPA determines that a 

substantial number of vehicles do not 

conform to the applicable regulations 

then the manufacturer must submit and 

implement a remedial plan to address 

the problem (see CAA section 207(c)). 

There are also emissions-based 

warranties that the manufacturer must 

implement under CAA section 207(a). 

Section III.E describes the rule’s 

certification, compliance, and 

enforcement mechanisms. 

c. EPA’s Endangerment and Cause or 

Contribute Findings for Greenhouse 

Gases Under Section 202(a) of the Clean 

Air Act 

On December 7, 2009 EPA’s 

Administrator signed an action with two 

distinct findings regarding greenhouse 

gases under section 202(a) of the Clean 

Air Act. On December 15, 2009, the 

final findings were published in the 

Federal Register. This action is called 

the Endangerment and Cause or 

Contribute Findings for Greenhouse 

Gases under Section 202(a) of the Clean 

Air Act (Endangerment Finding).157

Below are the two distinct findings: 

• Endangerment Finding: The 

Administrator finds that the current and 

projected concentrations of the six key 

well-mixed greenhouse gases—carbon 

dioxide (CO2), methane (CH4), nitrous 

oxide (N2O), hydrofluorocarbons 

(HFCs), perfluorocarbons (PFCs), and 

sulfur hexafluoride (SF6)—in the 

atmosphere threaten the public health 

and welfare of current and future 

generations. 

• Cause or Contribute Finding: The 

Administrator finds that the combined 

emissions of these well-mixed 

greenhouse gases from new motor 

vehicles and new motor vehicle engines 

contribute to the greenhouse gas 

pollution which threatens public health 

and welfare. 

Specifically, the 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 

compellingly supports a positive finding 

that atmospheric concentrations of these 

greenhouse gases result in air pollution 

which may reasonably be anticipated to 

endanger both public health and 

welfare. In her finding, the 

Administrator relied heavily upon the 

major findings and conclusions from the 

mstockstill on DSKB9S0YB1PROD with RULES2

Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 25399 

158The U.S. Climate Change Science Program 

(CCSP) is now called the U.S. Global Change 

Research Program (GCRP). 

159This figure includes the greenhouse gas 

contributions of light vehicles, heavy duty vehicles, 

and remaining on-highway mobile sources. Lightduty vehicles are responsible for over 70 percent of 

Section 202(a) mobile source GHGs, or about 17% 

of total U.S. greenhouse gas emissions. U.S. 

EPA.2009 Technical Support Document for 

Endangerment and Cause or Contribute Findings for 

Greenhouse Gases under Section 202(a) of the Clean 

Air Act. Washington, DC. pp. 180–194. Available at 

http://epa.gov/climatechange/endangerment/

downloads/Endangerment%20TSD.pdf. 

160While over 99 percent of the carbon in 

automotive fuels is converted to CO2 in a properly 

functioning engine, compliance with the CO2

standard will also account for the very small levels 

of carbon associated with vehicle tailpipe 

hydrocarbon (HC) and carbon monoxide (CO) 

emissions, converted to CO2 on a mass basis, as 

discussed further in Section III.B. 

161CO2-e refers to CO2-equivalent, and is a metric 

that allows non-CO2 greenhouse gases (such as 

hydrofluorocarbons used as automotive air 

conditioning refrigerants) to be expressed as an 

equivalent mass (i.e., corrected for relative global 

warming potency) of CO2 emissions. 

162FTP is the Federal Test Procedure which uses 

what is commonly referred to as the ‘‘city’’ driving 

schedule, and HFET is the Highway Fuel Economy 

Test which uses the ‘‘highway’’ driving schedule. 

Compliance with the CO2 standard will be based on 

the same 2-cycle values that are currently used for 

Continued 

recent assessments of the U.S. Climate 

Change Science Program and the U.N. 

Intergovernmental Panel on Climate 

Change.158 The Administrator made a 

positive endangerment finding after 

considering both observed and projected 

future effects of climate change, key 

uncertainties, and the full range of risks 

and impacts to public health and 

welfare occurring within the United 

States. In addition, the finding focused 

on impacts within the U.S. but noted 

that the evidence concerning risks and 

impacts occurring outside the U.S. 

provided further support for the finding. 

The key scientific findings supporting 

the endangerment finding are that: 

— Concentrations of greenhouse gases 

are at unprecedented levels compared 

to recent and distant past. These high 

concentrations are the unambiguous 

result of anthropogenic emissions and 

are very likely the cause of the 

observed increase in average 

temperatures and other climatic 

changes. 

— The effects of climate change 

observed to date and projected to 

occur in the future include more 

frequent and intense heat waves, more 

severe wildfires, degraded air quality, 

heavier downpours and flooding, 

increasing drought, greater sea level 

rise, more intense storms, harm to 

water resources, harm to agriculture, 

and harm to wildlife and ecosystems. 

These impacts are effects on public 

health and welfare within the 

meaning of the Clean Air Act. 

The Administrator found that 

emissions of the single air pollutant 

defined as the aggregate group of these 

same six greenhouse gases from new 

motor vehicles and new motor vehicle 

engines contribute to the air pollution 

and hence to the threat of climate 

change. Key facts supporting this cause 

and contribute finding for on-highway 

vehicles regulated under section 202(a) 

of the Clean Air Act are that these 

sources are responsible for 24% of total 

U.S. greenhouse gas emissions, and 

more than 4% of total global greenhouse 

gas emissions.159 As noted above, these 

findings require EPA to issue standards 

under section 202(a) ‘‘applicable to 

emission’’ of the air pollutant that EPA 

found causes or contributes to the air 

pollution that endangers public health 

and welfare. The final emissions 

standards satisfy this requirement for 

greenhouse gases from light-duty 

vehicles. Under section 202(a) the 

Administrator has significant discretion 

in how to structure the standards that 

apply to the emission of the air 

pollutant at issue here, the aggregate 

group of six greenhouse gases. EPA has 

the discretion under section 202(a) to 

adopt separate standards for each gas, a 

single composite standard covering 

various gases, or any combination of 

these. In this rulemaking EPA is 

finalizing separate standards for nitrous 

oxide and methane, and a CO2 standard 

that provides for credits based on 

reductions of HFCs, as the appropriate 

way to issue standards applicable to 

emission of the single air pollutant, the 

aggregate group of six greenhouse gases. 

EPA is not setting any standards for 

perfluorocarbons (PFCs) or sulfur 

hexafluoride (SF6) as they are not 

emitted by motor vehicles. 

3. What is EPA adopting? 

a. Light-Duty Vehicle, Light-Duty Truck, 

and Medium-Duty Passenger Vehicle 

Greenhouse Gas Emission Standards 

and Projected Compliance Levels 

The following section provides an 

overview of EPA’s final rule. The key 

public comments are not discussed 

here, but are discussed in the sections 

that follow which provide the details of 

the program. Comments are also 

discussed in the Response to Comments 

document. 

The CO2 emissions standards are by 

far the most important of the three 

standards and are the primary focus of 

this summary. As proposed, EPA is 

adopting an attribute-based approach for 

the CO2 fleet-wide standard (one for cars 

and one for trucks), using vehicle 

footprint as the attribute. These curves 

establish different CO2 emissions targets 

for each unique car and truck footprint. 

Generally, the larger the vehicle 

footprint, the higher the corresponding 

vehicle CO2 emissions target. Table 

III.A.3–1 shows the greenhouse gas 

standards for light vehicles that EPA is 

finalizing for model years (MY) 2012 

and later: 

TABLE III.A.3–1—INDUSTRY-WIDE GREENHOUSE GAS EMISSIONS STANDARDS

Standard/covered 

compounds Form of standard Level of standard Credits Test cycles 

CO2 Standard: 160 Tailpipe 

CO2.

Fleetwide average footprint 

CO2-curves for cars and 

trucks.

Projected Fleetwide CO2

level of 250 g/mi (See 

footprint curves in Sec. 

III.B.2).

CO2-e credits161 ................ EPA 2-cycle (FTP and 

HFET test cycles).162

N2O Standard: Tailpipe 

N2O.

Cap per vehicle ................. 0.010 g/mi ......................... None * ................................ EPA FTP test. 

CH4 Standard: Tailpipe 

CH4.

Cap per vehicle ................. 0.030 g/mi ......................... None * ................................ EPA FTP test. 

* For N2O and CH4, manufacturers may optionally demonstrate compliance with a CO2-equivalent standard equal to its footprint-based CO2 target level, using the FTP and HFET tests. 

One important flexibility associated 

with the CO2 standard is the option for 

mstockstill on DSKB9S0YB1PROD with RULES2

25400 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 

CAFE standards compliance; EPA projects that 

fleet-wide in-use or real world CO2 emissions are 

approximately 25 percent higher, on average, than 

2-cycle CO2 values. Separate mechanisms apply for 

A/C credits. 

163As discussed in Section IV of this preamble. 

manufacturers to obtain credits 

associated with improvements in their 

air conditioning systems. EPA is 

adopting the air conditioning provisions 

with minor modifications. As will be 

discussed in greater detail in later 

sections, EPA is establishing test 

procedures and design criteria by which 

manufacturers can demonstrate 

improvements in both air conditioner 

efficiency (which reduces vehicle 

tailpipe CO2 by reducing the load on the 

engine) and air conditioner refrigerants 

(using lower global warming potency 

refrigerants and/or improving system 

design to reduce GHG emissions 

associated with leaks). Neither of these 

strategies to reduce GHG emissions from 

air conditioners will be reflected in the 

EPA FTP or HFET tests. These 

improvements will be translated to a 

g/mi CO2-equivalent credit that can be 

subtracted from the manufacturer’s 

tailpipe CO2 compliance value. EPA 

expects a high percentage of 

manufacturers to use this flexibility to 

earn air conditioning-related credits for 

MY 2012–2016 vehicles such that the 

average credit earned is about 11 grams 

per mile CO2-equivalent in 2016. 

A second flexibility, being finalized 

essentially as proposed, is CO2 credits 

for flexible and dual fuel vehicles, 

similar to the CAFE credits for such 

vehicles which allow manufacturers to 

gain up to 1.2 mpg in their overall CAFE 

ratings. The Energy Independence and 

Security Act of 2007 (EISA) mandated a 

phase-out of these flexible fuel vehicle 

CAFE credits beginning in 2015, and 

ending after 2019. EPA is allowing 

comparable CO2 credits for flexible fuel 

vehicles through MY 2015, but for MY 

2016 and beyond, the GHG rule treats 

flexible and dual fuel vehicles on a CO2- 

performance basis, calculating the 

overall CO2 emissions for flexible and 

dual fuel vehicles based on a fuel useweighted average of the CO2 levels on 

gasoline and on the alternative fuel, and 

on a manufacturer’s demonstration of 

actual usage of the alternative fuel in its 

vehicle fleet. 

Table III.A.3–2 summarizes EPA 

projections of industry-wide 2-cycle 

CO2 emissions and fuel economy levels 

that will be achieved by manufacturer 

compliance with the GHG standards for 

MY 2012–2016. 

For MY 2011, Table III.A.3–2 uses the 

NHTSA projections of the average fuel 

economy level that will be achieved by 

the MY 2011 fleet of 30.8 mpg for cars 

and 23.3 mpg for trucks, converted to an 

equivalent combined car and truck CO2

level of 326 grams per mile.163 EPA 

believes this is a reasonable estimate 

with which to compare the MY 2012– 

2016 CO2 emission standards. 

Identifying the proper MY 2011 estimate 

is complicated for many reasons, among 

them being the turmoil in the current 

automotive market for consumers and 

manufacturers, uncertain and volatile 

oil and gasoline prices, the ability of 

manufacturers to use flexible fuel 

vehicle credits to meet MY 2011 CAFE 

standards, and the fact that most 

manufacturers have been surpassing 

CAFE standards (particularly the car 

standard) in recent years. Taking all of 

these considerations into account, EPA 

believes that the MY 2011 projected 

CAFE achieved values, converted to CO2

emissions levels, represent a reasonable 

estimate. 

Table III.A.3–2 shows projected 

industry-wide average CO2 emissions 

values. The Projected CO2 Emissions for 

the Footprint-Based Standard column 

shows the CO2 g/mi level corresponding 

with the footprint standard that must be 

met. It is based on the promulgated CO2- 

footprint curves and projected footprint 

values, and will decrease each year to 

250 grams per mile (g/mi) in MY 2016. 

For MY 2012–2016, the emissions 

impact of the projected utilization of 

flexible fuel vehicle (FFV) credits and 

the temporary lead-time allowance 

alternative standard (TLAAS, discussed 

below) are shown in the next two 

columns. The Projected CO2 Emissions 

column gives the CO2 emissions levels 

projected to be achieved given use of the 

flexible fuel credits and temporary leadtime allowance program. This column 

shows that, relative to the MY 2011 

estimate, EPA projects that MY 2016 

CO2 emissions will be reduced by 23 

percent over five years. The Projected 

A/C Credit column represents the 

industry wide average air conditioner 

credit manufacturers are expected to 

earn on an equivalent CO2 gram per 

mile basis in a given model year. In MY 

2016, the projected A/C credit of 10.6 g/ 

mi represents 14 percent of the 76 g/mi 

CO2 emissions reductions associated 

with the final standards. The Projected 

2-cycle CO2 Emissions column shows 

the projected CO2 emissions as 

measured over the EPA 2-cycle tests, 

which will allow compliance with the 

standard assuming projected utilization 

of the FFV, TLAAS, and A/C credits. 

TABLE III.A.3–2—PROJECTED FLEETWIDE CO2 EMISSIONS VALUES

[Grams per mile] 

Model year 

Projected CO2

emissions for 

the footprintbased 

standard 

Projected FFV 

credit 

Projected 

TLAAS credit 

Projected CO2

emissions 

Projected 

A/C credit 

Projected 

2-cycle CO2

emissions 

2011 ....................................................... ........................ ........................ ........................ (326) ........................ (326 ) 

2012 ....................................................... 295 6.5 1.2 303 3.5 307 

2013 ....................................................... 286 5.8 0.9 293 5.0 298 

2014 ....................................................... 276 5.0 0.6 282 7.5 290 

2015 ....................................................... 263 3.7 0.3 267 10.0 277 

2016 ....................................................... 250 0.0 0.1 250 10.6 261 

EPA is also finalizing a series of 

flexibilities for compliance with the CO2

standard which are not expected to 

significantly affect the projected 

compliance and achieved values shown 

above, but which should reduce the 

costs of achieving those reductions. 

These flexibilities include the ability to 

earn: Annual credits for a 

manufacturer’s over-compliance with its 

unique fleet-wide average standard, 

early credits from MY 2009–2011, credit 

for ‘‘off-cycle’’ CO2 reductions from new 

and innovative technologies that are not 

reflected in CO2/fuel economy tests, as 

mstockstill on DSKB9S0YB1PROD with RULES2

Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 25401 

164EPCA does not permit such an allowance. 

Consequently, manufacturers who may be able to 

take advantage of a lead-time allowance under the 

GHG standards would be required to comply with 

the applicable CAFE standard or be subject to 

penalties for non-compliance. 

well as the carry-forward and carrybackward of credits, and the ability to 

transfer credits between a 

manufacturer’s car and truck fleets. 

These flexibilities are being adopted 

with only very minor changes from the 

proposal, as discussed in Section III.C. 

EPA is finalizing an incentive to 

encourage the commercialization of 

advanced GHG/fuel economy control 

technologies, including electric vehicles 

(EVs), plug-in hybrid electric vehicles 

(PHEVs), and fuel cell vehicles (FCVs), 

for model years 2012–2016. EPA’s 

proposal included an emissions 

compliance value of zero grams/mile for 

EVs and FCVs, and the electric portion 

of PHEVs, and a multiplier in the range 

of 1.2 to 2.0, so that each advanced 

technology vehicle would count as 

greater than one vehicle in a 

manufacturer’s fleet-wide compliance 

calculation. Several commenters were 

very concerned about these credits and 

upon considering the public comments 

on this issue, EPA is finalizing an 

advanced technology vehicle incentive 

program to assign a zero gram/mile 

emissions compliance value for EVs and 

FCVs, and the electric portion of PHEVs, 

for up to the first 200,000 EV/PHEV/ 

FCV vehicles produced by a given 

manufacturer during MY 2012–2016. 

For any production greater than this 

amount, the compliance value for the 

vehicle will be greater than zero gram/ 

mile, set at a level that reflects the 

vehicle’s average net increase in 

upstream greenhouse gas emissions in 

comparison to the gasoline or diesel 

vehicle it replaces. EPA is not finalizing 

a multiplier based on the concerns 

potentially excessive credits using that 

incentive. EPA agrees that the 

multiplier, in combination with the zero 

grams/mile compliance value, would be 

excessive. EPA will also allow this early 

advanced technology incentive program 

beginning in MYs 2009 through 2011. 

Further discussion on the advanced 

technology vehicle incentives, including 

more detail on the public comments and 

EPA’s response, is found in Section 

III.C. 

EPA is also finalizing a temporary 

lead-time allowance (TLAAS) for 

manufacturers that sell vehicles in the 

U.S. in MY 2009 and for which U.S. 

vehicle sales in that model year are 

below 400,000 vehicles. This allowance 

will be available only during the MY 

2012–2015 phase-in years of the 

program. A manufacturer that satisfies 

the threshold criteria will be able to 

treat a limited number of vehicles as a 

separate averaging fleet, which will be 

subject to a less stringent GHG 

standard.164 Specifically, a standard of 

125 percent of the vehicle’s otherwise 

applicable foot-print target level will 

apply to up to 100,000 vehicles total, 

spread over the four-year period of MY 

2012 through 2015. Thus, the number of 

vehicles to which the flexibility could 

apply is limited. EPA also is setting 

appropriate restrictions on credit use for 

these vehicles, as discussed further in 

Section III. By MY 2016, these 

allowance vehicles must be averaged 

into the manufacturer’s full fleet (i.e., 

they will no longer be eligible for a 

different standard). EPA discusses this 

in more detail in Section III.B of the 

preamble. 

EPA received comments from several 

smaller manufacturers that the TLAAS 

program was insufficient to allow 

manufacturers with very limited 

product lines to comply. These 

manufacturers commented that they 

need additional lead-time to meet the 

standards, because their CO2 baselines 

are significantly higher and their vehicle 

product lines are even more limited, 

reducing their ability to average across 

their fleets compared even to other 

TLAAS manufacturers. EPA fully 

summarizes the public comments on the 

TLAAS program, including comments 

not supporting the program, in Section 

III.B. In summary, in response to the 

lead time issues raised by 

manufacturers, EPA is modifying the 

TLAAS program that applies to 

manufacturers with between 5,000 and 

50,000 U.S. vehicle sales in MY 2009. 

These manufactures would have an 

increased allotment of vehicles, a total 

of 250,000, compared to 100,000 

vehicles for other TLAAS-eligible 

manufacturers. In addition, the TLAAS 

program for these manufacturers would 

be extended by one year, through MY 

2016 for these vehicles, for a total of five 

years of eligibility. The other provisions 

of the TLAAS program would continue 

to apply, such as the restrictions on 

credit trading and the level of the 

standard. Additional restrictions would 

also apply to these vehicles, as 

discussed in Section III.B.5. In addition, 

for the smallest volume manufacturers, 

those with U.S. sales of below 5,000 

vehicles, EPA is not setting standards at 

this time but is instead deferring 

standards until a future rulemaking. 

This is the same approach we are using 

for small businesses. The unique issues 

involved with these manufacturers will 

be addressed in that future rulemaking. 

Further discussion of the public 

comment on these issues and details on 

these changes from the proposed 

program are included in Section III.B.6. 

The agency received comments on its 

compliance with the Regulatory 

Flexibility Act. As stated in Section 

III.I.3, small entities are not significantly 

impacted by this rulemaking. 

EPA is also adopting caps on the 

tailpipe emissions of nitrous oxide 

(N2O) and methane (CH4)—0.010 g/mi 

for N2O and 0.030 g/mi for CH4—over 

the EPA FTP test. While N2O and CH4

can be potent greenhouse gases on a 

relative mass basis, their emission levels 

from modern vehicle designs are 

extremely low and represent only about 

1% of total late model light vehicle GHG 

emissions. These cap standards are 

designed to ensure that N2O and CH4

emissions levels do not rise in the 

future, rather than to force reductions in 

the already low emissions levels. 

Accordingly, these standards are not 

designed to require automakers to make 

any changes in current vehicle designs, 

and thus EPA is not projecting any 

environmental or economic costs or 

benefits associated with these standards. 

EPA has attempted to build on 

existing practice wherever possible in 

designing a compliance program for the 

GHG standards. In particular, the 

program structure will streamline the 

compliance process for both 

manufacturers and EPA by enabling 

manufacturers to use a single data set to 

satisfy both the new GHG and CAFE 

testing and reporting requirements. 

Timing of certification, model-level 

testing, and other compliance activities 

also follow current practices established 

under the Tier 2 emissions and CAFE 

programs. 

EPA received numerous comments on 

issues related to the impacts on 

stationary sources, due to the Clean Air 

Act’s provisions for permitting 

requirements related to the issuance of 

the proposed GHG standards for new 

motor vehicles. Some comments 

suggested that EPA had underestimated 

the number of stationary sources that 

may be subject to GHG permitting 

requirements; other comments 

suggested that EPA did not adequately 

consider the permitting impact on small 

business sources. Other comments 

related to EPA’s interpretation of the 

CAA’s provisions for subjecting 

stationary sources to permit regulation 

after GHG standards are set. EPA’s 

response to these comments is 

contained in the Response to Comments 

document; however, many of these 

comments pertain to issues that EPA is 

addressing in its consideration of the 

final Greenhouse Gas Permit Tailoring 

mstockstill on DSKB9S0YB1PROD with RULES2

25402 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 

165As discussed elsewhere, EPA’s GHG standards 

achieve greater overall reductions in GHGs than 

NHTSA’s CAFE standards. 

Rule, Prevention of Significant 

Deterioration and Title V Greenhouse 

Gas Tailoring Rule; Proposed Rule, 74 

FR 55292 (October 27, 2009) and will 

thus be fully addressed in that 

rulemaking. 

Some of the comments relating to the 

stationary source permitting issues 

suggested that EPA should defer setting 

GHG standards for new motor vehicles 

to avoid such stationary source 

permitting impacts. EPA is issuing these 

final GHG standards for light-duty 

vehicles as part of its efforts to 

expeditiously respond to the Supreme 

Court’s nearly three year old ruling in 

Massachusetts v. EPA, 549 U.S. 497 

(2007). In that case, the Court held that 

greenhouse gases fit within the 

definition of air pollutant in the Clean 

Air Act, and that EPA is therefore 

compelled to respond to the rulemaking 

petition under section 202(a) by 

determining whether or not emissions 

from new motor vehicles cause or 

contribute to air pollution which may 

reasonably be anticipated to endanger 

public health or welfare, or whether the 

science is too uncertain to make a 

reasoned decision. The Court further 

ruled that, in making these decisions, 

the EPA Administrator is required to 

follow the language of section 202(a) of 

the CAA. The Court stated that under 

section 202(a), ‘‘[i]f EPA makes [the 

endangerment and cause or contribute 

findings], the Clean Air Act requires the 

agency to regulate emissions of the 

deleterious pollutant.’’ 549 U.S. at 534. 

As discussed above, EPA has made the 

two findings on contribution and 

endangerment. 74 FR 66496 (December 

15, 2009). Thus, EPA is required to issue 

standards applicable to emissions of this 

air pollutant from new motor vehicles. 

The Court properly noted that EPA 

retained ‘‘significant latitude’’ as to the 

‘‘timing * * * and coordination of its 

regulations with those of other agencies’’ 

(id.). However it has now been nearly 

three years since the Court issued its 

opinion, and the time for delay has 

passed. In the absence of these final 

standards, there would be three separate 

Federal and State regimes 

independently regulating light-duty 

vehicles to increase fuel economy and 

reduce GHG emissions: NHTSA’s CAFE 

standards, EPA’s GHG standards, and 

the GHG standards applicable in 

California and other states adopting the 

California standards. This joint EPA– 

NHTSA program will allow automakers 

to meet all of these requirements with 

a single national fleet because California 

has indicated that it will accept 

compliance with EPA’s GHG standards 

as compliance with California’s GHG 

standards. 74 FR at 49460. California 

has not indicated that it would accept 

NHTSA’s CAFE standards by 

themselves. Without EPA’s vehicle GHG 

standards, the states will not offer the 

Federal program as an alternative 

compliance option to automakers and 

the benefits of a harmonized national 

program will be lost. California and 

several other states have expressed 

strong concern that, without comparable 

Federal vehicle GHG standards, the 

states will not offer the Federal program 

as an alternative compliance option to 

automakers. Letter dated February 23, 

2010 from Commissioners of California, 

Maine, New Mexico, Oregon and 

Washington to Senators Harry Reid and 

Mitch McConnell (Docket EPA–HQ– 

OAR–2009–0472–11400). The 

automobile industry also strongly 

supports issuance of these rules to allow 

implementation of the national program 

and avoid ‘‘a myriad of problems for the 

auto industry in terms of product 

planning, vehicle distribution, adverse 

economic impacts and, most 

importantly, adverse consequences for 

their dealers and customers.’’ Letter 

dated March 17, 2010 from Alliance of 

Automobile Manufacturers to Senators 

Harry Reid and Mitch McConnell, and 

Representatives Nancy Pelosi and John 

Boehner (Docket EPA–HQ–OAR–2009– 

0472–11368). Thus, without EPA’s GHG 

standards as part of a Federal 

harmonized program, important GHG 

reductions as well as benefits to the 

automakers and to consumers would be 

lost.165 In addition, delaying the rule 

would impose significant burdens and 

uncertainty on automakers, who are 

already well into planning for 

production of MY 2012 vehicles, relying 

on the ability to produce a single 

national fleet. Delaying the issuance of 

this final rule would very seriously 

disrupt the industry’s plans. 

Instead of delaying the LDV rule and 

losing the benefits of this rule and the 

harmonized national program, EPA is 

directly addressing concerns about 

stationary source permitting in other 

actions that EPA is taking with regard to 

such permitting. That is the proper 

approach to address the issue of 

stationary source permitting, as 

compared to delaying the issuance of 

this rule for some undefined, indefinite 

time period. 

Some parties have argued that EPA’s 

issuance of this light-duty vehicle rule 

amounts to a denial of various 

administrative requests pending before 

EPA, in which parties have requested 

that EPA reconsider and stay the GHG 

endangerment finding published on 

December 15, 2009. That is not an 

accurate characterization of the impact 

of this final rule. EPA has not taken 

final action on these administrative 

requests, and issuance of this vehicle 

rule is not final agency action, explicitly 

or implicitly, on those requests. 

Currently, while we carefully consider 

the pending requests for reconsideration 

on endangerment, these final findings 

on endangerment and contribution 

remain in place. Thus under section 

202(a) EPA is obligated to promulgate 

GHG motor vehicle standards, although 

there is no statutory deadline for 

issuance of the light-duty vehicle rule or 

other motor vehicle rules. In that 

context, issuance of this final light-duty 

vehicle rule does no more than 

recognize the current status of the 

findings—they are final and impose a 

rulemaking obligation on EPA, unless 

and until we change them. In issuing 

the vehicle rule we are not making a 

decision on requests to reconsider or 

stay the endangerment finding, and are 

not in any way prejudicing or limiting 

EPA’s discretion in making a final 

decision on these administrative 

requests. 

For discussion of comments on 

impacts on small entities and EPA’s 

compliance with the Regulatory 

Flexibility Act, see the discussion in 

Section III.I.3. 

b. Environmental and Economic 

Benefits and Costs of EPA’s Standards 

In Table III.A.3–3 EPA presents 

estimated annual net 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 a 3 percent and a 7 

percent discount rate. As discussed 

previously, EPA recognizes that much of 

these same costs and benefits are also 

attributable to the CAFE standard 

contained in this joint final rule. 

mstockstill on DSKB9S0YB1PROD with RULES2

Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 25403 

TABLE III.A.3–3—PROJECTED QUANTIFIABLE BENEFITS AND COSTS FOR CO2 STANDARD

[In million 2007$] 

2020 2030 2040 2050 NPV, 3% a NPV, 7% a

Quantified Annual Costsb ........................ ¥$20,100 ¥$64,000 ¥$101,900 ¥$152,200 ¥$1,199,700 ¥$480,700 

Benefits From Reduced CO2 Emissions at Each Assumed SCC Value cde

Avg SCC at 5% ........................................ 900 2,700 4,600 7,200 34,500 34,500 

Avg SCC at 3% ........................................ 3,700 8,900 14,000 21,000 176,700 176,700 

Avg SCC at 2.5% ..................................... 5,800 14,000 21,000 30,000 299,600 299,600 

95th percentile SCC at 3% ...................... 11,000 27,000 43,000 62,000 538,500 538,500 

Other Impacts 

Criteria Pollutant Benefits fghi ................. B 1,200–1,300 1,200–1,300 1,200–1,300 21,000 14,000 

Energy Security Impacts (price shock) .... 2,200 4,500 6,000 7,600 81,900 36,900 

Reduced Refueling .................................. 2,400 4,800 6,300 8,000 87,900 40,100 

Value of Increased Driving j ..................... 4,200 8,800 13,000 18,400 171,500 75,500 

Accidents, Noise, Congestion .................. ¥2,300 ¥4,600 ¥6,100 ¥7,800 ¥84,800 ¥38,600 

Quantified Net Benefits at Each Assumed SCC Value cde

Avg SCC at 5% ........................................ 27,500 81,500 127,000 186,900 1,511,700 643,100 

Avg SCC at 3% ........................................ 30,300 87,700 136,400 200,700 1,653,900 785,300 

Avg SCC at 2.5% ..................................... 32,400 92,800 143,400 209,700 1,776,800 908,200 

95th percentile SCC at 3% ...................... 37,600 105,800 165,400 241,700 2,015,700 1,147,100 

a 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, 2.5 percent) is used to calculate net present value of SCC for internal consistency. 

Refer to Section III.F for more detail. bQuantified annual costs are negative because of fuel savings (see Table III.H.10–1 for a breakdown of the vehicle technology costs and fuel 

savings). The fuel savings outweigh the vehicle technology costs and, therefore, the costs are presented here are negative values. c Monetized GHG benefits exclude the value of reductions in non-CO2 GHG emissions (HFC, CH4 and N2O) expected under this final rule. Although EPA has not monetized the benefits of reductions in these non-CO2 emissions, the value of these reductions should not be interpreted as 

zero. Rather, the reductions in non-CO2 GHGs will contribute to this rule’s climate benefits, as explained in Section III.F.2. The SCC Technical 

Support Document (TSD) notes the difference between the social cost of non-CO2 emissions and CO2 emissions, and specifies a goal to develop methods to value non-CO2 emissions in future analyses. dSection III.H.6 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%: $21–$45; for Average SCC at 2.5%: $35–$65; and for 95th percentile SCC at 3%: $65–$136. Section III.H.6 also presents these SCC estimates. e 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, 2.5 percent) is used to calculate net present value of SCC for internal consistency. 

Refer to SCC TSD for more detail. f Note that ‘‘B’’ indicates unquantified criteria pollutant benefits in the year 2020. For the final rule, we only modeled the rule’s PM2.5- and 

ozone-related impacts in the calendar year 2030. For the purposes of estimating a stream of future-year criteria pollutant benefits, we 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 rule. gThe benefits presented in this table include an estimate of PM-related premature mortality derived from Laden et al., 2006, and the ozone-related premature mortality estimate derived from Bell et al., 2004. If the benefit estimates were based on the ACS study of PM-related premature 

mortality (Pope et al., 2002) and the Levy et al., 2005 study of ozone-related premature mortality, the values would be as much as 70% smaller. hThe calendar year benefits presented in this table assume either a 3% discount rate in the valuation of PM-related premature mortality 

($1,300 million) or a 7% discount rate ($1,200 million) to account for a twenty-year segmented cessation lag. Note that the benefits estimated 

using a 3% discount rate were used to calculate the NPV using a 3% discount rate and the benefits estimated using a 7% discount rate were 

used to calculate the NPV using a 7% discount rate. For benefits totals presented at each calendar year, we used the mid-point of the criteria 

pollutant benefits range ($1,250). i Note that the co-pollutant impacts presented here do not include the full complement of endpoints that, if quantified and monetized, would 

change the total monetized estimate of impacts. The full complement of human health and welfare effects associated with PM and ozone remain 

unquantified because 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 easily interpretable 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 benefits due to reductions of impacts of eutrophication in coastal areas. 

j Calculated using pre-tax fuel prices. 

4. Basis for the GHG Standards Under 

Section 202(a) 

EPA statutory authority under section 

202(a)(1) of the Clean Air Act (CAA) is 

discussed in more detail in Section I.C.2 

of the proposed rule (74 FR at 49464– 

65). The following is a summary of the 

basis for the final GHG standards under 

section 202(a), which is discussed in 

more detail in the following portions of 

Section III. 

With respect to CO2 and HFCs, EPA 

is adopting attribute-based light-duty 

car and truck standards that achieve 

large and important emissions 

reductions of GHGs. EPA has evaluated 

the technological feasibility of the 

standards, and the information and 

analysis performed by EPA indicates 

that these standards are feasible in the 

lead time provided. EPA and NHTSA 

have carefully evaluated the 

effectiveness of individual technologies 

as well as the interactions when 

technologies are combined. EPA’s 

projection of the technology that would 

be used to comply with the standards 

indicates that manufacturers will be 

able to meet the standards by employing 

mstockstill on DSKB9S0YB1PROD with RULES2

25404 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 

166Based on the mean SCC at 3 percent discount 

rate, which is $21 per metric ton CO2 in 2010 rising 

to $45 per metric ton CO2 in 2050. 

167SCC was discounted at 3 percent to maintain 

internal consistency in the SCC calculations while 

all other benefits were discounted at 7 percent. 

Specifically, the same discount rate used to 

discount the value of damages from future CO2

emissions is used to calculate net present value of 

SCC. 

a wide variety of technologies that are 

already commercially available and can 

be incorporated into their vehicles at the 

time of redesign. In addition to the 

consideration of the manufacturers’ 

redesign cycle, EPA’s analysis also takes 

into account certain flexibilities that 

will facilitate compliance especially in 

the early years of the program when 

potential lead time constraints are most 

challenging. These flexibilities include 

averaging, banking, and trading of 

various types of credits. For the industry 

as a whole, EPA’s projections indicate 

that the standards can be met using 

technology that will be available in the 

lead-time provided. At the same time, it 

must be noted that because technology 

is commercially available today does 

not mean it can automatically be 

incorporated fleet-wide during the 

model years in question. As discussed 

below, and in detail in Section III.D.7, 

EPA and NHTSA carefully analyzed 

issues of adequacy of lead time in 

determining the level of the standards, 

and the agencies are convinced both 

that lead time is sufficient to meet the 

standards but that major further 

additions of technology across the fleet 

is not possible during these model 

years. 

To account for additional lead-time 

concerns for various manufacturers of 

typically higher performance vehicles, 

EPA is adopting a Temporary Lead-time 

Allowance similar to that proposed that 

will further facilitate compliance for 

limited volumes of such vehicles in the 

program’s initial years. For a few very 

small volume manufacturers, EPA is 

deferring standards pending later 

rulemaking. 

EPA has also carefully considered the 

cost to manufacturers of meeting the 

standards, estimating piece costs for all 

candidate technologies, direct 

manufacturing costs, cost markups to 

account for manufacturers’ indirect 

costs, and manufacturer cost reductions 

attributable to learning. In estimating 

manufacturer costs, EPA took into 

account manufacturers’ own practices 

such as making major changes to model 

technology packages during a planned 

redesign cycle. EPA then projected the 

average cost across the industry to 

employ this technology, as well as 

manufacturer-by-manufacturer costs. 

EPA considers the per vehicle costs 

estimated from this analysis to be 

within a reasonable range in light of the 

emissions reductions and benefits 

received. EPA projects, for example, that 

the fuel savings over the life of the 

vehicles will more than offset the 

increase in cost associated with the 

technology used to meet the standards. 

EPA has also evaluated the impacts of 

these standards with respect to 

reductions in GHGs and reductions in 

oil usage. For the lifetime of the model 

year 2012–2016 vehicles we estimate 

GHG reductions of approximately 960 

million metric tons CO2 eq. and fuel 

reductions of 1.8 billion barrels of oil. 

These are important and significant 

reductions. EPA has also analyzed a 

variety of other impacts of the 

standards, ranging from the standards’ 

effects on emissions of non-GHG 

pollutants, impacts on noise, energy, 

safety and congestion. EPA has also 

quantified the cost and benefits of the 

standards, to the extent practicable. Our 

analysis to date indicates that the 

overall quantified benefits of the 

standards far outweigh the projected 

costs. Utilizing a 3% discount rate, we 

estimate the total net social benefits 

over the life of the model year 2012– 

2016 vehicles is $192 billion, and the 

net present value of the net social 

benefits of the standards through the 

year 2050 is $1.9 trillion dollars.166

These values are estimated at $136 

billion and $787 billion, respectively, 

using a 7% discount rate and the SCC 

discounted at 3 percent.167

Under section 202(a) EPA is called 

upon to set standards that provide 

adequate lead-time for the development 

and application of technology to meet 

the standards. EPA’s standards satisfy 

this requirement, as discussed above. In 

setting the standards, EPA is called 

upon to weigh and balance various 

factors, and to exercise judgment in 

setting standards that are a reasonable 

balance of the relevant factors. In this 

case, EPA has considered many factors, 

such as cost, impacts on emissions (both 

GHG and non-GHG), impacts on oil 

conservation, impacts on noise, energy, 

safety, and other factors, and has, where 

practicable, quantified the costs and 

benefits of the rule. In summary, given 

the technical feasibility of the standard, 

the moderate cost per vehicle in light of 

the savings in fuel costs over the life 

time of the vehicle, the very significant 

reductions in emissions and in oil 

usage, and the significantly greater 

quantified benefits compared to 

quantified costs, EPA is confident that 

the standards are an appropriate and 

reasonable balance of the factors to 

consider under section 202(a). See 

Husqvarna AB v. EPA, 254 F. 3d 195, 

200 (DC 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 * * * technology’’ does not 

mandate a specific method of cost 

analysis); see also Hercules Inc. v. EPA, 

598 F. 2d 91, 106 (DC Cir. 1978) (‘‘In 

reviewing a numerical standard we 

must ask whether the agency’s numbers 

are within a zone of reasonableness, not 

whether 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 (DC Cir. 2002) (same). 

EPA recognizes that the vast majority 

of technologies which we are 

considering for purposes of setting 

standards under section 202(a) are 

commercially available and already 

being utilized to a limited extent across 

the fleet. The vast majority of the 

emission reductions, which would 

result from this rule, would result from 

the increased use of these technologies. 

EPA also recognizes that this rule would 

enhance the development and limited 

use of more advanced technologies, 

such as PHEVs and EVs. In this 

technological context, there is no clear 

cut line that indicates that only one 

projection of technology penetration 

could potentially be considered feasible 

for purposes of section 202(a), or only 

one standard that could potentially be 

considered a reasonable balancing of the 

factors relevant under section 202(a). 

EPA therefore evaluated two sets of 

alternative standards, one more 

stringent than the promulgated 

standards and one less stringent. 

The alternatives are 4% per year 

increase in standards which would be 

less stringent and a 6% per year 

increase in the standards which would 

be more stringent. EPA is not adopting 

either of these. As discussed in Section 

III.D.7, the 4% per year forgoes CO2

reductions which can be achieved at 

reasonable cost and are achievable by 

the industry within the rule’s 

timeframe. The 6% per year alternative 

requires a significant increase in the 

projected required technology 

penetration which appears 

inappropriate in this timeframe due to 

the limited available lead time and the 

current difficult financial condition of 

the automotive industry. (See Section 

III.D.7 for a detailed discussion of why 

EPA is not adopting either of the 

alternatives.) EPA also believes that the 

no backsliding standards it is adopting 

mstockstill on DSKB9S0YB1PROD with RULES2

Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 25405 

168As described in Section III.B.2., GHG 

emissions standards will use the same vehicle 

category definitions as are used in the CAFE 

program. 

169See CAA section 202(a)(2). 

170These levels do not include the effect of 

flexible fuel credits, transfer of credits between cars 

and trucks, temporary lead time allowance, or any 

other credits. 

for N2O and CH4 are appropriate under 

section 202(a). 

B. GHG Standards for Light-Duty 

Vehicles, Light-Duty Trucks, and 

Medium-Duty Passenger Vehicles 

EPA is finalizing new emission 

standards to control greenhouse gases 

(GHGs) from light-duty vehicles. First, 

EPA is finalizing an emission standard 

for carbon dioxide (CO2) on a gram per 

mile (g/mile) basis that will apply to a 

manufacturer’s fleet of cars, and a 

separate standard that will apply to a 

manufacturer’s fleet of trucks. CO2 is the 

primary greenhouse gas resulting from 

the combustion of vehicular fuels, and 

the amount of CO2 emitted is directly 

correlated to the amount of fuel 

consumed. Second, EPA is providing 

auto manufacturers with the 

opportunity to earn credits toward the 

fleet-wide average CO2 standards for 

improvements to air conditioning 

systems, including both 

hydrofluorocarbon (HFC) refrigerant 

losses (i.e., system leakage) and indirect 

CO2 emissions related to the increased 

load on the engine. Third, EPA is 

finalizing separate emissions standards 

for two other GHGs: Methane (CH4) and 

nitrous oxide (N20). CH4 and N2O 

emissions relate closely to the design 

and efficient use of emission control 

hardware (i.e., catalytic converters). The 

standards for CH4 and N2O will be set 

as a cap that will limit emissions 

increases and prevent backsliding from 

current emission levels. The final 

standards described below will apply to 

passenger cars, light-duty trucks, and 

medium-duty passenger vehicles 

(MDPVs). As an overall group, they are 

referred to in this preamble as light 

vehicles or simply as vehicles. In this 

preamble section passenger cars may be 

referred to simply as ‘‘cars’’, and lightduty trucks and MDPVs as ‘‘light trucks’’ 

or ‘‘trucks.’’ 168

EPA’s program includes a number of 

credit opportunities and other 

flexibilities to help manufacturers 

comply, especially in the early years of 

the program. EPA is establishing a 

system of averaging, banking, and 

trading of credits integral to the fleet 

averaging approach, based on 

manufacturer fleet average CO2

performance, as discussed in Section 

III.B.4. This approach is similar to 

averaging, banking, and trading (ABT) 

programs EPA has established in other 

programs and is also similar to 

provisions in the CAFE program. In 

addition to traditional ABT credits 

based on the fleet emissions average, 

EPA is also including A/C credits as an 

aspect of the standards, as mentioned 

above. EPA is also including several 

additional credit provisions that apply 

only in the initial model years of the 

program. These include flex fuel vehicle 

credits, incentives for the early 

commercialization of certain advanced 

technology vehicles, credits for new and 

innovative ‘‘off-cycle’’ technologies that 

are not captured by the current test 

procedures, and generation of credits 

prior to model year 2012. The A/C 

credits and additional credit 

opportunities are described in Section 

III.C. These credit programs will provide 

flexibility to manufacturers, which may 

be especially important during the early 

transition years of the program. EPA 

will also allow a manufacturer to carry 

a credit deficit into the future for a 

limited number of model years. A 

parallel provision, referred to as credit 

carry-back, will be part of the CAFE 

program. Finally, EPA is finalizing an 

optional compliance flexibility, the 

Temporary Leadtime Allowance 

Alternative Standard program, for 

intermediate volume manufacturers, 

and is deferring standards for the 

smallest manufacturers, as discussed in 

Sections III.B.5 and 6 below. 

1. What fleet-wide emissions levels 

correspond to the CO2 standards? 

The attribute-based CO2 standards are 

projected to achieve a national fleetwide average, covering both light cars 

and trucks, of 250 grams/mile of CO2 in 

model year (MY) 2016. This includes 

CO2-equivalent emission reductions 

from A/C improvements, reflected as 

credits in the standard. The standards 

will begin with MY 2012, with a 

generally linear increase in stringency 

from MY 2012 through MY 2016. EPA 

will have separate standards for cars 

and light trucks. The tables in this 

section below provide overall fleet 

average levels that are projected for both 

cars and light trucks over the phase-in 

period which is estimated to correspond 

with the standards. The actual fleetwide average g/mi level that will be 

achieved in any year for cars and trucks 

will depend on the actual production 

for that year, as well as the use of the 

various credit and averaging, banking, 

and trading provisions. For example, in 

any year, manufacturers may generate 

credits from cars and use them for 

compliance with the truck standard. 

Such transfer of credits between cars 

and trucks is not reflected in the table 

below. In Section III.F, EPA discusses 

the year-by-year estimate of emissions 

reductions that are projected to be 

achieved by the standards. 

In general, the schedule of standards 

acts as a phase-in to the MY 2016 

standards, and reflects consideration of 

the appropriate lead-time for each 

manufacturer to implement the requisite 

emission reductions technology across 

its product line.169 Note that 2016 is the 

final model year in which standards 

become more stringent. The 2016 CO2

standards will remain in place for 2017 

and later model years, until revised by 

EPA in a future rulemaking. 

EPA estimates that, on a combined 

fleet-wide national basis, the 2016 MY 

standards will achieve a level of 250 g/ 

mile CO2, including CO2-equivalent 

credits from A/C related reductions. The 

derivation of the 250 g/mile estimate is 

described in Section III.B.2. 

EPA has estimated the overall fleetwide CO2-equivalent emission levels 

that correspond with the attribute-based 

standards, based on the projections of 

the composition of each manufacturer’s 

fleet in each year of the program. Tables 

III.B.1–1 and III.B.1–2 provides these 

estimates for each manufacturer.170

As a result of public comments and 

updated economic and future fleet 

projections, the attribute based curves 

have been updated for this final rule, as 

discussed in detail in Section II.B of this 

preamble and Chapter 2 of the Joint 

TSD. This update in turn affects costs, 

benefits, and other impacts of the final 

standards—thus EPA’s overall 

projection of the impacts of the final 

rule standards have been updated and 

the results are different than for the 

NPRM, though in general not by a large 

degree. 

mstockstill on DSKB9S0YB1PROD with RULES2

25406 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 

171 Due to rounding during calculations, the 

estimated fleet-wide CO2-equivalent levels may 

vary by plus or minus 1 gram. 

TABLE III.B.1–1—ESTIMATED FLEET CO2-EQUIVALENT LEVELS CORRESPONDING TO THE STANDARDS FOR CARS

[g/mile] 

Manufacturer 

Model year 

2012 2013 2014 2015 2016 

BMW .................................................................................... 266 259 250 239 228 

Chrysler ................................................................................ 269 262 254 243 232 

Daimler ................................................................................. 274 267 259 249 238 

Ford ...................................................................................... 267 259 251 240 229 

General Motors .................................................................... 268 261 252 241 230 

Honda ................................................................................... 260 252 244 233 222 

Hyundai ................................................................................ 260 254 246 233 222 

Kia ........................................................................................ 263 255 247 235 224 

Mazda .................................................................................. 260 252 243 232 221 

Mitsubishi ............................................................................. 257 249 241 230 219 

Nissan .................................................................................. 263 256 248 237 226 

Porsche ................................................................................ 244 237 228 217 206 

Subaru .................................................................................. 253 246 237 226 215 

Suzuki .................................................................................. 245 238 230 218 208 

Tata ...................................................................................... 288 280 272 261 250 

Toyota .................................................................................. 259 251 243 232 221 

Volkswagen .......................................................................... 256 249 240 229 219 

TABLE III.B.1–2—ESTIMATED FLEET CO2-EQUIVALENT LEVELS CORRESPONDING TO THE STANDARDS FOR LIGHT TRUCKS

[g/mile] 

Manufacturer 

Model year 

2012 2013 2014 2015 2016 

BMW .................................................................................... 330 320 310 297 283 

Chrysler ................................................................................ 342 333 323 309 295 

Daimler ................................................................................. 343 332 323 308 294 

Ford ...................................................................................... 354 344 334 319 305 

General Motors .................................................................... 364 354 344 330 316 

Honda ................................................................................... 327 318 309 295 281 

Hyundai ................................................................................ 325 316 307 292 278 

Kia ........................................................................................ 335 327 318 303 289 

Mazda .................................................................................. 319 308 299 285 271 

Mitsubishi ............................................................................. 316 306 297 283 269 

Nissan .................................................................................. 343 334 323 308 294 

Porsche ................................................................................ 334 325 315 301 287 

Subaru .................................................................................. 315 305 296 281 267 

Suzuki .................................................................................. 320 310 300 286 272 

Tata ...................................................................................... 321 310 301 287 272 

Toyota .................................................................................. 342 333 323 308 294 

Volkswagen .......................................................................... 341 331 322 307 293 

These estimates were aggregated 

based on projected production volumes 

into the fleet-wide averages for cars and 

trucks (Table III.B.1–3).171

TABLE III.B.1–3—ESTIMATED FLEET-WIDE CO2-EQUIVALENT LEVELS CORRESPONDING TO THE STANDARDS

Model year 

Cars Trucks 

CO2 (g/mi) CO2 (g/mi) 

2012 ................................................................................................................................................................. 263 346 

2013 ................................................................................................................................................................. 256 337 

2014 ................................................................................................................................................................. 247 326 

2015 ................................................................................................................................................................. 236 312 

2016 and later .................................................................................................................................................. 225 298 

As shown in Table III.B.1–3, fleetwide CO2-equivalent emission levels for 

cars under the approach are projected to 

decrease from 263 to 225 grams per mile 

between MY 2012 and MY 2016. 

Similarly, fleet-wide CO2-equivalent 

mstockstill on DSKB9S0YB1PROD with RULES2

Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 25407 

172See 65 FR 6698 (February 10, 2000). 

173EPA established the FTP for emissions 

measurement in the early 1970s. In 1976, in 

response to the Energy Policy and Conservation Act 

(EPCA) statute, EPA extended the use of the FTP 

to fuel economy measurement and added the HFET. 

The provisions in the 1976 regulation, effective 

with the 1977 model year, established procedures 

to calculate fuel economy values both for labeling 

and for CAFE purposes. 

174See 71 FR 77872, December 27, 2006. 

emission levels for trucks are projected 

to decrease from 346 to 398 grams per 

mile. These numbers do not include the 

effects of other flexibilities and credits 

in the program. The estimated achieved 

values can be found in Chapter 5 of the 

Regulatory Impact Analysis (RIA). 

EPA has also estimated the average 

fleet-wide levels for the combined car 

and truck fleets. These levels are 

provided in Table III.B.1–4. As shown, 

the overall fleet average CO2 level is 

expected to be 250 g/mile in 2016. 

TABLE III.B.1–4—ESTIMATED FLEETWIDE COMBINED CO2-EQUIVALENT

LEVELS CORRESPONDING TO THE

STANDARDS

Model year 

Combined car 

and truck 

CO2 (g/mi) 

2012 ...................................... 295 

2013 ...................................... 286 

2014 ...................................... 276 

2015 ...................................... 263 

2016 ...................................... 250 

As noted above, EPA is finalizing 

standards that will result in increasingly 

stringent levels of CO2 control from MY 

2012 though MY 2016—applying the 

CO2 footprint curves applicable in each 

model year to the vehicles expected to 

be sold in each model year produces 

fleet-wide annual reductions in CO2

emissions. Comments from the Center 

for Biological Diversity (CBD) 

challenged EPA to increase the 

stringency of the standards for all of the 

years of the program, and even argued 

that 2016 standards should be feasible 

in 2012. Other commenters noted the 

non-linear increase in the standards 

from 2011 (CAFE) to the 2012 GHG 

standards. As explained in greater detail 

in Section III.D below and the relevant 

support documents, EPA believes that 

the level of improvement achieves 

important CO2 emissions reductions 

through the application of feasible 

control technology at reasonable cost, 

considering the needed lead time for 

this program. EPA further believes that 

the averaging, banking and trading 

provisions, as well as other creditgenerating mechanisms, allow 

manufacturers further flexibilities 

which reduce the cost of the CO2

standards and help to provide adequate 

lead time. EPA believes this approach is 

justified under section 202(a) of the 

Clean Air Act. 

EPA has analyzed the feasibility 

under the CAA of achieving the CO2

standards, based on projections of what 

actions manufacturers are expected to 

take to reduce emissions. The results of 

the analysis are discussed in detail in 

Section III.D below and in the RIA. EPA 

also presents the estimated costs and 

benefits of the car and truck CO2

standards in Section III.H. In developing 

the final rule, EPA has evaluated the 

kinds of technologies that could be 

utilized by the automobile industry, as 

well as the associated costs for the 

industry and fuel savings for the 

consumer, the magnitude of the GHG 

reductions that may be achieved, and 

other factors relevant under the CAA. 

With respect to the lead time and cost 

of incorporating technology 

improvements that reduce GHG 

emissions, EPA and NHTSA place 

important weight on the fact that during 

MYs 2012–2016 manufacturers are 

expected to redesign and upgrade their 

light-duty vehicle products (and in 

some cases introduce entirely new 

vehicles not on the market today). Over 

these five model years there will be an 

opportunity for manufacturers to 

evaluate almost every one of their 

vehicle model platforms and add 

technology in a cost-effective way to 

control GHG emissions and improve 

fuel economy. This includes redesign of 

the air conditioner systems in ways that 

will further reduce GHG emissions. 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 GHG reductions, and to do 

this as part of the normal vehicle 

redesign process. This is an important 

aspect of the final rule, as it will avoid 

the much higher costs that will occur if 

manufacturers needed to add or change 

technology at times other than these 

scheduled redesigns. 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 

practice. Further details on lead time, 

redesigns and feasibility can be found in 

Section III–D. 

Consistent with the requirement of 

CAA section 202(a)(1) that standards be 

applicable to vehicles ‘‘for their useful 

life,’’ EPA is finalizing CO2 vehicle 

standards that will apply for the useful 

life of the vehicle. Under section 202(i) 

of the Act, which authorized the Tier 2 

standards, EPA established a useful life 

period of 10 years or 120,000 miles, 

whichever first occurs, for all Tier 2 

light-duty vehicles and light-duty 

trucks.172 Tier 2 refers to EPA’s 

standards for criteria pollutants such as 

NOX, HC, and CO. EPA is finalizing new 

CO2 standards for the same group of 

vehicles, and therefore the Tier 2 useful 

life will apply for CO2 standards as well. 

The in-use emission standard will be 

10% higher than the model-level 

certification emission test results, to 

address issues of production variability 

and test-to-test variability. The in-use 

standard is discussed in Section III.E. 

EPA is requiring manufacturers to 

measure CO2 for certification and 

compliance purposes using the same 

test procedures currently used by EPA 

for measuring fuel economy. These 

procedures are the Federal Test 

Procedure (FTP or ‘‘city’’ test) and the 

Highway Fuel Economy Test (HFET or 

‘‘highway’’ test).173 This corresponds 

with the data used to develop the 

footprint-based CO2 standards, since the 

data on control technology efficiency 

was also developed in reference to these 

test procedures. Although EPA recently 

updated the test procedures used for 

fuel economy labeling, to better reflect 

the actual in-use fuel economy achieved 

by vehicles, EPA is not using these test 

procedures for the CO2 standards in this 

final rule, given the lack of data on 

control technology effectiveness under 

these procedures.174 There were a 

number of commenters that advocated 

for a change in either the test 

procedures or the fuel economy 

calculation weighting factors. The U.S. 

Coalition for Advanced Diesel Cars 

urged a changing of the city/highway 

weighting factors from their current 

values of 45/55 to 43/57 to be more 

consistent with the EPA (5-cycle) fuel 

economy labeling rule. EPA has decided 

that such a change would not be 

appropriate, nor consistent with the 

technical analyses supporting the 5- 

cycle fuel economy label rulemaking. 

The city/highway weighting of 43/57 

was found to be appropriate when the 

city fuel economy is based on a 

combination of Bags 2 and 3 of the FTP 

and the city portion of the US06 test 

cycle, and when the highway fuel 

economy is based on a combination of 

the HFET and the highway portion of 

the US06 cycle. When city and highway 

fuel economy are based on the FTP and 

HFET cycles, respectively, the 

appropriate city/highway weighting is 

not 43/57, but very close to 55/45. 

Therefore, the weighting of the city and 

mstockstill on DSKB9S0YB1PROD with RULES2

25408 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 

175There were also a number of comments on air 

conditioner test procedures; these will be discussed 

in Section III.C and the RIA. 

176See 49 CFR 523. 

177CBD, ICCT and NESCAUM supported a single 

curve and the students at UC Santa Barbara 

commented on converging curves. 

178There is a distinction between body-on-frame 

trucks and unibody cars and trucks that make them 

technically different in a number of ways. Also, 

2WD vehicles tend to have lower CO2 emissions 

than their 4WD counterparts (all other things being 

equal). More discussion of this can be found in the 

TSD and RIA. 

highway fuel economy values contained 

in this rule is appropriate for and 

consistent with the use of the FTP and 

HFET cycles to measure city and 

highway fuel economy. 

The American Council for an EnergyEfficient Economy (ACEEE), Cummins, 

and Sierra Club all suggested using 

more real-world test procedures. It is 

not feasible at this time to base the final 

CO2 standards on EPA’s five-cycle fuel 

economy formulae. Consistent with its 

name, these formulae require vehicle 

testing over five test cycles, the two 

cycles associated with the proposed CO2

standards, plus the cold temperature 

FTP, the US06 high speed, high 

acceleration cycle and the SC03 air 

conditioning test. EPA considered 

employing the five-cycle calculation of 

fuel economy and GHG emissions for 

this rule, but there were a number of 

reasons why this was not practical. As 

discussed extensively in the Joint TSD, 

setting the appropriate levels of CO2

standards requires extensive knowledge 

of the CO2 emission control 

effectiveness over the certification test 

cycles. Such knowledge has been 

gathered over the FTP and HFET cycles 

for decades, but is severely lacking for 

the other three test cycles. EPA simply 

lacks the technical basis to project the 

effectiveness of the available 

technologies over these three test cycles 

and therefore, could not adequately 

support a rule which set CO2 standards 

based on the five-cycle formulae. The 

benefits of today’s rule do presume a 

strong connection between CO2

emissions measured over the FTP and 

HFET cycles and onroad operation. 

Since CO2 emissions determined by the 

five-cycle formulae are believed to 

correlate reasonably with onroad 

emissions, this implies a strong 

connection between emissions over the 

FTP and HFET cycles and the five cycle 

formulae. However, while we believe 

that this correlation is reasonable on 

average for the vehicle fleet, it may not 

be reasonable on a per vehicle basis, nor 

for any single manufacturer’s vehicles. 

Thus, we believe that it is reasonable to 

project a direct relationship between the 

percentage change in CO2 emissions 

over the two certification cycles and 

onroad emissions (a surrogate of which 

is the five-cycle formulae), but not 

reasonable to base the certification of 

specific vehicles on that untested 

relationship. Furthermore, EPA is 

allowing for off-cycle credits to 

encourage technologies that may not be 

not properly captured on the 2-cycle 

city/highway test procedure (although 

these credits could apply toward 

compliance with EPA’s standards, not 

toward compliance with the CAFE 

standards). For future analysis, EPA will 

consider examining new drive cycles 

and test procedures for fuel economy.175

EPA is finalizing standards that 

include hydrocarbons (HC) and carbon 

monoxide (CO) in its CO2 emissions 

calculations on a CO2-equivalent basis. 

It is well accepted that HC and CO are 

typically oxidized to CO2 in the 

atmosphere in a relatively short period 

of time and so are effectively part of the 

CO2 emitted by a vehicle. In terms of 

standard stringency, accounting for the 

carbon content of tailpipe HC and CO 

emissions and expressing it as CO2- 

equivalent emissions will add less than 

one percent to the overall CO2- 

equivalent emissions level. This will 

also ensure consistency with CAFE 

calculations since HC and CO are 

included in the ‘‘carbon balance’’ 

methodology that EPA uses to 

determine fuel usage as part of 

calculating vehicle fuel economy levels. 

2. What are the CO2 attribute-based 

standards? 

EPA is finalizing the same vehicle 

category definitions that are used in the 

CAFE program for the 2011 model year 

standards.176 This approach allows 

EPA’s CO2 standards and the CAFE 

standards to be harmonized across all 

vehicles. In other words, vehicles will 

be subject to either car standards or 

truck standards under both programs, 

and not car standards under one 

program and trucks standards under the 

other. The CAFE vehicle category 

definitions differ slightly from the EPA 

definitions for cars and light trucks used 

for the Tier 2 program and other EPA 

vehicle programs. However, EPA is not 

changing the vehicle category 

definitions for any other light-duty 

mobile source programs, except the 

GHG standards. 

EPA is finalizing separate car and 

truck standards, that is, vehicles defined 

as cars have one set of footprint-based 

curves for MY 2012–2016 and vehicles 

defined as trucks have a different set for 

MY 2012–2016. In general, for a given 

footprint the CO2 g/mi target for trucks 

is less stringent then for a car with the 

same footprint. 

Some commenters requested a single 

or converging curve for both cars and 

trucks.177 EPA is not finalizing a single 

fleet standard where all cars and trucks 

are measured against the same footprint 

curve for several reasons. First, some 

vehicles classified as trucks (such as 

pick-up trucks) have certain attributes 

not common on cars which attributes 

contribute to higher CO2 emissions— 

notably high load carrying capability 

and/or high towing capability.178 Due to 

these differences, it is reasonable to 

separate the light-duty vehicle fleet into 

two groups. Second, EPA wishes to 

harmonize key program design elements 

of the GHG standards with NHTSA’s 

CAFE program where it is reasonable to 

do so. NHTSA is required by statute to 

set separate standards for passenger cars 

and for non-passenger cars. As 

discussed in Section IV, EPCA does not 

preclude NHTSA from issuing 

converging standards if its analysis 

indicates that these are the appropriate 

standards under the statute applicable 

separately to each fleet. 

Finally, most of the advantages of a 

single standard for all light duty 

vehicles are also present in the two-fleet 

standards finalized here. Because EPA is 

allowing unlimited credit transfer 

between a manufacturer’s car and truck 

fleets, the two fleets can essentially be 

viewed as a single fleet when 

manufacturers consider compliance 

strategies. Manufacturers can thus 

choose on which vehicles within their 

fleet to focus GHG reducing technology 

and then use credit transfers as needed 

to demonstrate compliance, just as they 

will if there was a single fleet standard. 

The one benefit of a single light-duty 

fleet not captured by a two-fleet 

approach is that a single fleet prevents 

potential ‘‘gaming’’ of the car and truck 

definitions to try and design vehicles 

which are more similar to passenger 

cars but which may meet the regulatory 

definition of trucks. Although this is of 

concern to EPA, we do not believe at 

this time that concern is sufficient to 

outweigh the other reasons for finalizing 

separate car and truck fleet standards. 

However, it is possible that in the 

future, recent trends may continue such 

that cars may become more truck-like 

and trucks may become more car-like. 

Therefore, EPA will reconsider whether 

it is appropriate to use converging 

curves if justified by future analysis. 

For model years 2012 and later, EPA 

is finalizing a series of CO2 standards 

that are described mathematically by a 

family of piecewise linear functions 

mstockstill on DSKB9S0YB1PROD with RULES2

Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 25409 

179See final regulations at 40 CFR 86.1818–12. 180 49 U.S.C. 32902(e). 

(with respect to vehicle footprint).179

The form of the function is as follows: 

CO2 = a, if x ≤ l 

CO2 = cx + d, if l < x ≤ h 

CO2 = b, if x > h 

Where: 

CO2 = the CO2 target value for a given 

footprint (in g/mi) 

a = the minimum CO2 target value (in g/mi) 

b = the maximum CO2 target value (in g/mi) 

c = the slope of the linear function (in g/mi 

per sq ft) 

d = is the zero-offset for the line (in g/mi CO2) 

x = footprint of the vehicle model (in square 

feet, rounded to the nearest tenth) 

l & h are the lower and higher footprint 

limits, constraints, or the boundary 

(‘‘kinks’’) between the flat regions and the 

intermediate sloped line 

EPA’s parameter values that define 

the family of functions for the CO2

fleetwide average car and truck 

standards are as follows: 

TABLE III.B.2–1—PARAMETER VALUES FOR CARS

[For CO2 gram per mile targets] 

Model year a b c d Lower 

constraint 

Upper 

constraint 

2012 ......................................................... 244 315 4.72 50.5 41 56 

2013 ......................................................... 237 307 4.72 43.3 41 56 

2014 ......................................................... 228 299 4.72 34.8 41 56 

2015 ......................................................... 217 288 4.72 23.4 41 56 

2016 and later .......................................... 206 277 4.72 12.7 41 56 

TABLE III.B.2–2—PARAMETER VALUES FOR TRUCKS

[For CO2 gram per mile targets] 

Model year a b c d Lower 

constraint 

Upper 

constraint 

2012 ......................................................... 294 395 4.04 128.6 41 66 

2013 ......................................................... 284 385 4.04 118.7 41 66 

2014 ......................................................... 275 376 4.04 109.4 41 66 

2015 ......................................................... 261 362 4.04 95.1 41 66 

2016 and later .......................................... 247 348 4.04 81.1 41 66 

The equations can be shown 

graphically for each vehicle category, as 

shown in Figures III.B.2–1 and 

III.B.2–2. These standards (or functions) 

decrease from 2012–2016 with a vertical 

shift. 

The EPA received a number of 

comments on both the attribute and the 

shape of the curve. For reasons 

described in Section IIC and Chapter 2 

of the TSD, the EPA feels that footprint 

is the most appropriate choice of 

attribute for this rule. More background 

discussion on other alternative 

attributes and curves EPA explored can 

be found in the EPA RIA. EPA 

recognizes that the CAA does not 

mandate that EPA use an attribute based 

standard, as compared to NHTSA’s 

obligations under EPCA. The EPA 

believes that a footprint-based program 

will harmonize EPA’s program and the 

CAFE program as a single national 

program, resulting in reduced 

compliance complexity for 

manufacturers. EPA’s reasons for using 

an attribute based standard are 

discussed in more detail in the Joint 

TSD. Also described in these other 

sections are the reasons why EPA is 

finalizing the slopes and the constraints 

as shown above. For future analysis, 

EPA will consider other options and 

suggestions made by commenters. 

EPA also received public comments 

from three manufacturers, General 

Motors, Ford Motor Company, and 

Chrysler, suggesting that the GHG 

program should harmonize with an 

EPCA provision that allows a 

manufacturer to exclude emergency 

vehicles from its CAFE fleet by 

providing written notice to NHTSA.180

These manufacturers believe this 

provision is necessary because law 

enforcement vehicles (e.g., police cars) 

must be designed with special 

performance and features necessary for 

police work—but which tend to raise 

GHG emissions and reduce fuel 

economy relative to the base vehicle. 

These commenters provided several 

examples of features unique to these 

special purpose vehicles that negatively 

impact GHG emissions, such as heavyduty suspensions, unique engine and 

transmission calibrations, and heavyduty components (e.g., batteries, 

stabilizer bars, engine cooling). These 

manufacturers believe consistency in 

addressing these vehicles between the 

EPA and NHTSA programs is critical, as 

a manufacturer may be challenged to 

continue providing the performance 

needs of the Federal, State, and local 

government purchasers of emergency 

vehicles. 

EPA is not finalizing such an 

emergency vehicle provision in this 

rule, since we believe that it is feasible 

for manufacturers to apply the same 

types of technologies to the base 

emergency vehicle as they would to 

other vehicles in their fleet. However, 

EPA also recognizes that, because of the 

unique ‘‘performance upgrading’’ needed 

to convert a base vehicle into one that 

meets the performance demands of the 

law enforcement community—which 

tend to reduce GHGs relative to the base 

vehicles—there could be situations 

where a manufacturer is more 

challenged in meeting the GHG 

standards than the CAFE standards, 

simply due to inclusion of these higheremitting vehicles in the GHG program 

fleet. While EPA is not finalizing such 

an exclusion for emergency vehicles 

today, we do believe it is important to 

assess this issue in the future. EPA 

plans to assess the unique 

characteristics of these emergency 

vehicles and whether special provisions 

for addressing them are warranted. EPA 

plans to undertake this evaluation as 

part of a follow-up rulemaking in the 

next 18 months (this rulemaking is 

discussed in the context of small 

mstockstill on DSKB9S0YB1PROD with RULES2

25410 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 

volume manufacturers in Section III.B.6. 

below). 

BILLING CODE 6560–50–P 


mstockstill on DSKB9S0YB1PROD with RULES2ER07MY10.014</GPH>
Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 25411 

BILLING CODE 6560–50–C 


mstockstill on DSKB9S0YB1PROD with RULES2ER07MY10.015</GPH>
25412 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 

181 ‘‘Model type’’ is defined in 40 CFR 600.002– 

08 as ‘‘* * * a unique combination of car line, basic 

engine, and transmission class.’’ A ‘‘car line’’ is 

essentially a model name, such as ‘‘Camry,’’ 

‘‘Malibu,’’ or ‘‘F150.’’ The fleet average is calculated 

on the basis of model type emissions. 

182The final in-use vehicle standards for each 

vehicle will also be based on the testing used to 

determine the model type values. As discussed in 

Section III.E.4, an in-use adjustment factor will be 

applied to the vehicle test results to determine the 

in-use standard that will apply during the useful 

life of the vehicle. 

183 ‘‘Production’’ is defined as ‘‘vehicles produced 

and delivered for sale’’ and is not a measure of the 

number of vehicles actually sold. 184For example, see the Tier 2 light-duty vehicle 

emission standards program (65 FR 6698, February 

10, 2000), the 2010 and later model year motorcycle 

emissions program (69 FR 2398, January 15, 2004), 

and the 2007 and later model year heavy-duty 

engine and vehicle standards program (66 FR 5001, 

January 18, 2001). 

185See final regulations at 40 CFR 86.1865–12. 

3. Overview of How EPA’s CO2

Standards Will Be Implemented for 

Individual Manufacturers 

This section provides a brief overview 

of how EPA will implement the CO2

standards. Section III.E explains EPA’s 

approach to certification and 

compliance in detail. As proposed, EPA 

is finalizing two kinds of standards— 

fleet average standards determined by a 

manufacturer’s fleet makeup, and in-use 

standards that will apply to the 

individual vehicles that make up the 

manufacturer’s fleet. Although this is 

similar in concept to the current lightduty vehicle Tier 2 program, there are 

important differences. In explaining 

EPA’s CO2 standards, it is useful to 

summarize how the Tier 2 program 

works. 

Under Tier 2, manufacturers select a 

test vehicle prior to certification and test 

the vehicle and/or its emissions 

hardware to determine both its 

emissions performance when new and 

the emissions performance expected at 

the end of its useful life. Based on this 

testing, the vehicle is assigned to one of 

several specified bins of emissions 

levels, identified in the Tier 2 rule, and 

this bin level becomes the emissions 

standard for the test group the test 

vehicle represents. All of the vehicles in 

the group must meet the emissions level 

for that bin throughout their useful life. 

The emissions level assigned to the bin 

is also used in calculating the 

manufacturer’s fleet average emissions 

performance. 

Since compliance with the Tier 2 fleet 

average depends on actual test group 

sales volumes and bin levels, it is not 

possible to determine compliance at the 

time the manufacturer applies for and 

receives a certificate of conformity for a 

test group. Instead, at certification, the 

manufacturer demonstrates that the 

vehicles in the test group are expected 

to comply throughout their useful life 

with the emissions bin assigned to that 

test group, and makes a good faith 

demonstration that its fleet is expected 

to comply with the Tier 2 average when 

the model year is over. EPA issues a 

certificate for the vehicles covered by 

the test group based on this 

demonstration, and includes 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 Tier 2. 

EPA is retaining the Tier 2 approach 

of requiring manufacturers to 

demonstrate in good faith at the time of 

certification that vehicles in a test group 

will meet applicable standards 

throughout useful life. EPA is also 

retaining the practice of conditioning 

certificates upon attainment of the fleet 

average standard. However, there are 

several important differences between a 

Tier 2 type of program and the CO2

standards program. These differences 

and resulting modifications to EPA’s 

certification protocols are summarized 

below and are described in detail in 

Section III.E. 

EPA will continue to certify test 

groups as it does for Tier 2, and the CO2

emission results for the test vehicle will 

serve as the initial or default standard 

for all of the vehicles in the test group. 

However, manufacturers will later 

collect and submit data for individual 

vehicle model types 181 within each test 

group, based on the extensive fuel 

economy testing that occurs through the 

course of the model year. This model 

type data will be used to assign a 

distinct certification level for each 

model type, thus replacing the initial 

test group data as the compliance value 

for each model. It is these model type 

values that will be used to calculate the 

fleet average after the end of the model 

year.182 The option to substitute model 

type data for the test group data is at the 

manufacturer’s discretion, except they 

are required, as they are under the CAFE 

test protocols, to submit sufficient 

vehicle test data to represent no less 

than 90 percent of their actual model 

year production. The test group 

emissions data will continue to apply 

for any model type that is not covered 

by vehicle test data specific to that 

model type. 

EPA’s CO2 standards also differ from 

Tier 2 in that the fleet average 

calculation for Tier 2 is based on test 

group bin levels and test group sales 

whereas under the CO2 program the CO2

fleet average could be based on a 

combination of test group and model 

type emissions and model type 

production. For the new CO2 standards, 

the final regulations use production 

rather than sales in calculating the fleet 

average in order to closely conform with 

the CAFE program, which is a 

production-based program.183

Production as defined in the regulations 

is relatively easy for manufacturers to 

track, but once the vehicle is delivered 

to dealerships the manufacturer 

becomes once step removed from the 

sale to the ultimate customer, and it 

becomes more difficult to track that 

final transaction. There is no 

environmental impact of using 

production instead of actual sales, and 

many commenters supported 

maintaining alignment between EPA’s 

program and the CAFE program where 

possible. 

4. Averaging, Banking, and Trading 

Provisions for CO2 Standards 

As explained above, EPA is finalizing 

a fleet average CO2 program for 

passenger cars and light trucks. EPA has 

previously implemented similar 

averaging programs for a range of motor 

vehicle types and pollutants, from the 

Tier 2 fleet average for NOX to 

motorcycle hydrocarbon (HC) plus 

oxides of nitrogen (NOX) emissions to 

NOX and particulate matter (PM) 

emissions from heavy-duty engines.184

The program will operate much like 

EPA’s existing averaging programs in 

that manufacturers will calculate 

production-weighted fleet average 

emissions at the end of the model year 

and compare their fleet average with a 

fleet average emission standard to 

determine compliance. As in other EPA 

averaging programs, the Agency is also 

finalizing a comprehensive program for 

averaging, banking, and trading of 

credits which together will help 

manufacturers in planning and 

implementing the orderly phase-in of 

emissions control technology in their 

production, consistent with their typical 

redesign schedules.185

Averaging, Banking, and Trading 

(ABT) of emissions credits has been an 

important part of many mobile source 

programs under CAA Title II, both for 

fuels programs as well as for engine and 

vehicle programs. ABT is important 

because it can help to address many 

issues of technological feasibility and 

lead-time, as well as considerations of 

cost. ABT is an integral part of the 

standard setting itself, and is not just an 

add-on to help reduce costs. In many 

cases, ABT resolves issues of lead-time 

mstockstill on DSKB9S0YB1PROD with RULES2

Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 25413 

or technical feasibility, allowing EPA to 

set a standard that is either numerically 

more stringent or goes into effect earlier 

than could have been justified 

otherwise. This provides important 

environmental benefits and at the same 

time it increases flexibility and reduces 

costs for the regulated industry. A wide 

range of commenters expressed general 

support for the ABT provisions. Some 

commenters noted issues regarding 

specific provisions of the ABT program, 

which will be discussed in the 

appropriate context below. Several 

commenters requested that EPA 

publicly release manufacturer-specific 

ABT data to improve the transparency 

of credit transactions. These comments 

are addressed in Section III.E. 

This section discusses generation of 

credits by achieving a fleet average CO2

level that is lower than the 

manufacturer’s CO2 fleet average 

standard. The final rule includes a 

variety of additional ways credits may 

be generated by manufacturers. Section 

III.C describes these additional 

opportunities to generate credits in 

detail. Manufacturers may earn credits 

through A/C system improvements 

beyond a specified baseline. Credits can 

also be generated by producing 

alternative fuel vehicles, by producing 

advanced technology vehicles including 

electric vehicles, plug-in hybrids, and 

fuel cell vehicles, and by using 

technologies that improve off-cycle 

emissions. In addition, early credits can 

be generated prior to the program’s MY 

2012 start date. The credits will be used 

to determine a manufacturer’s 

compliance at the end of the model 

year. These credit generating 

opportunities are described below in 

Section III.C. 

As explained earlier, manufacturers 

will determine the fleet average 

standard that applies to their car fleet 

and the standard for their truck fleet 

from the applicable attribute-based 

curve. A manufacturer’s credit or debit 

balance will be determined by 

comparing their fleet average with the 

manufacturer’s CO2 standard for that 

model year. The standard will be 

calculated from footprint values on the 

attribute curve and actual production 

levels of vehicles at each footprint. A 

manufacturer will generate credits if its 

car or truck fleet achieves a fleet average 

CO2 level lower than its standard and 

will generate debits if its fleet average 

CO2 level is above that standard. At the 

end of the model year, each 

manufacturer will calculate a 

production-weighted fleet average for 

each averaging set (cars and trucks). A 

manufacturer’s car or truck fleet that 

achieves a fleet average CO2 level lower 

than its standard will generate credits, 

and if its fleet average CO2 level is above 

that standard its fleet will generate 

debits. 

The regulations will account for the 

difference in expected lifetime vehicle 

miles traveled (VMT) between cars and 

trucks in order to preserve CO2

reductions when credits are transferred 

between cars and trucks. As directed by 

EISA, NHTSA accomplishes this in the 

CAFE program by using an adjustment 

factor that is applied to credits when 

they are transferred between car and 

truck compliance categories. The CAFE 

adjustment factor accounts for two 

different influences that can cause the 

transfer of car and truck credits 

(expressed in tenths of a mpg), if left 

unadjusted, to potentially negate fuel 

reductions. First, mpg is not linear with 

fuel consumption, i.e., a 1 mpg 

improvement above a standard will 

imply a different amount of actual fuel 

consumed depending on the level of the 

standard. Second, NHTSA’s conversion 

corrects for the fact that the typical 

lifetime miles for cars is less than that 

for trucks, meaning that credits earned 

for cars and trucks are not necessarily 

equal. NHTSA’s adjustment factor 

essentially converts credits into vehicle 

lifetime gallons to ensure preservation 

of fuel savings and the transfer credits 

on an equal basis, and then converts 

back to the statutorily-required credit 

units of tenths of a mile per gallon. To 

convert to gallons NHTSA’s conversion 

must take into account the expected 

lifetime mileage for cars and trucks. 

Because EPA’s standards are expressed 

on a CO2 gram per mile basis, which is 

linear with fuel consumption, EPA’s 

credit calculations do not need to 

account for the first issue noted above. 

However, EPA is accounting for the 

second issue by expressing credits when 

they are generated in total lifetime 

Megagrams (metric tons), rather than 

through the use of conversion factors 

that would apply at certain times. In 

this way credits may be freely 

exchanged between car and truck 

compliance categories without the need 

for adjustment. Additional detail 

regarding this approach, including a 

discussion of the vehicle lifetime 

mileage estimates for cars and trucks 

can be found in Section III.E.5. A 

discussion of the derivation of the 

estimated vehicle lifetime miles traveled 

can be found in Chapter 4 of the Joint 

Technical Support Document. 

A manufacturer that generates credits 

in a given year and vehicle category may 

use those credits in essentially four 

ways, although with some limitations. 

These provisions are very similar to 

those of other EPA averaging, banking, 

and trading programs. These provisions 

have the potential to reduce costs and 

compliance burden, and support the 

feasibility of the standards in terms of 

lead time and orderly redesign by a 

manufacturer, thus promoting and not 

reducing the environmental benefits of 

the program. 

First, EPA proposed that the 

manufacturer must use any credits 

earned to offset any deficit that had 

accrued in the current year or in a prior 

model year that had been carried over 

to the current model year. NRDC 

commented that such a provision is 

necessary to prevent credit ‘‘shell 

games’’ from delaying the adoption of 

new technologies. EPA’s Tier 2 program 

includes such a restriction, and EPA is 

applying an identical restriction to the 

GHG program. Simply stated, a 

manufacturer may not bank (or carry 

forward) credits if that manufacturer is 

also carrying a deficit. In such a case, 

the manufacturer is obligated to use any 

current model year credits to offset that 

deficit. Using current model year credits 

to offset a prior model year deficit is 

referred to in the CAFE program as 

credit carry-back. EPA’s deficit carryforward, or credit carry-back provisions 

are described further, below. 

Second, after satisfying any needs to 

offset pre-existing deficits, remaining 

credits may be banked, or saved for use 

in future years. Credits generated in this 

program will be available to the 

manufacturer for use in any of the five 

model years after the model year in 

which they were generated, consistent 

with the CAFE program under EISA. 

This is also referred to as a credit carryforward provision. 

EPA received a number of comments 

regarding the credit carry-back and 

carry-forward provisions. Many 

supported the proposed consistency of 

these provisions with EISA and the 

flexibility provided by these provisions, 

and several offered qualified or tentative 

support. For example, NRDC 

encouraged EPA to consider further 

restrictions in the 2017 and later model 

years. Public Citizen expressed concern 

regarding the complexity of the program 

and how these provisions might obscure 

a straightforward determination of 

compliance in any given model year. At 

least two automobile manufacturers 

suggested modeling the program after 

California, which allows credits to be 

carried forward for three additional 

years following a discounting schedule. 

For other new emission control 

programs, EPA has sometimes initially 

restricted credit life to allow time for the 

Agency to assess whether the credit 

program is functioning as intended. 

When EPA first offered averaging and 

mstockstill on DSKB9S0YB1PROD with RULES2

25414 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 

186EPA emission control programs that 

incorporate ABT provisions (e.g., the Tier 2 

program and the Mobile Source Air Toxics 

program) have provided this three-year deficit 

carry-forward provision for this reason. See 65 FR 

6745 (February 10, 2000), and 71 FR 8427 (February 

26, 2007). 

banking provisions in its light-duty 

emissions control program (the National 

Low Emission Vehicle Program), credit 

life was restricted to three years. The 

same is true of EPA’s early averaging 

and banking program for heavy-duty 

engines. As these programs matured and 

were subsequently revised, EPA became 

confident that the programs were 

functioning as intended and that the 

standards were sufficiently stringent to 

remove the restrictions on credit life. 

EPA is therefore acting consistently 

with our past practice in finalizing 

reasonable restrictions on credit life in 

this new program. The Agency believes 

that a credit life of five years represents 

an appropriate balance between 

promoting orderly redesign and upgrade 

of the emissions control technology in 

the manufacturer’s fleet and the policy 

goal of preventing large numbers of 

credits accumulated early in the 

program from interfering with the 

incentive to develop and transition to 

other more advanced emissions control 

technologies. As discussed below in 

Section III.C, early credits generated by 

a manufacturer are also be subject to the 

five year credit carry-forward restriction 

based on the year in which they are 

generated. This limits the effect of the 

early credits on the long-term emissions 

reductions anticipated to result from the 

new standards. 

Third, the new program enables 

manufacturers to transfer credits 

between the two averaging sets, 

passenger cars and trucks, within a 

manufacturer. For example, credits 

accrued by over-compliance with a 

manufacturer’s car fleet average 

standard may be used to offset debits 

accrued due to that manufacturer’s not 

meeting the truck fleet average standard 

in a given year. EPA believes that such 

cross-category use of credits by a 

manufacturer provides important 

additional flexibility in the transition to 

emissions control technology without 

affecting overall emission reductions. 

Comments regarding the credit transfer 

provisions expressed general support, 

noting that it does not matter to the 

environment whether a gram of 

greenhouse gas is generated from a car 

or a truck. Additional comments 

regarding EPA’s streamlined megagram 

approach and method of accounting for 

expected vehicle lifetime miles traveled 

are summarized in Section III.E. 

Finally, accumulated credits may be 

traded to another vehicle manufacturer. 

As with intra-company credit use, such 

inter-company credit trading provides 

flexibility in the transition to emissions 

control technology without affecting 

overall emission reductions. Trading 

credits to another vehicle manufacturer 

could be a straightforward process 

between the two manufacturers, but 

could also involve third parties that 

could serve as credit brokers. Brokers 

may not own the credits at any time. 

These sorts of exchanges are typically 

allowed under EPA’s current emission 

credit programs, e.g., the Tier 2 lightduty vehicle NOX fleet average standard 

and the heavy-duty engine NOX fleet 

average standards, although 

manufacturers have seldom made such 

exchanges. Comments generally 

reflected support for the credit trading 

flexibility, although some questioned 

the extent to which trading might 

actually occur. As noted above, 

comments regarding program 

transparency are addressed in Section 

III.E. 

If a manufacturer has accrued a deficit 

at the end of a model year—that is, its 

fleet average level failed to meet the 

required fleet average standard—the 

manufacturer may carry that deficit 

forward (also referred to credit carryback) for a total of three model years 

after the model year in which that 

deficit was generated. EPA continues to 

believe that three years is an appropriate 

amount of time that gives the 

manufacturers adequate time to respond 

to a deficit situation but does not create 

a lengthy period of prolonged noncompliance with the fleet average 

standards.186 As noted above, such a 

deficit carry-forward may only occur 

after the manufacturer has applied any 

banked credits or credits from another 

averaging set. If a deficit still remains 

after the manufacturer has applied all 

available credits, and the manufacturer 

did not obtain credits elsewhere, the 

deficit may be carried forward for up to 

three model years. No deficit may be 

carried into the fourth model year after 

the model year in which the deficit 

occurred. Any deficit from the first 

model year that remains after the third 

model year will constitute a violation of 

the condition on the certificate, which 

will constitute a violation of the Clean 

Air Act and will be subject to 

enforcement action. 

The averaging, banking, and trading 

provisions are generally consistent with 

those included in the CAFE program, 

with a few notable exceptions. As with 

EPA’s approach, CAFE allows five year 

carry-forward of credits and three year 

carry-back. Under CAFE, transfers of 

credits across a manufacturer’s car and 

truck averaging sets are also allowed, 

but with limits established by EISA on 

the use of transferred credits. The 

amount of transferred credits that can be 

used in a year is limited, and transferred 

credits may not be used to meet the 

CAFE minimum domestic passenger car 

standard. CAFE allows credit trading, 

but again, traded credits cannot be used 

to meet the minimum domestic 

passenger car standard. EPA did not 

propose, and is not finalizing, these 

constraints on the use of transferred 

credits. 

Additional details regarding the 

averaging, banking, and trading 

provisions and how EPA will 

implement these provisions can be 

found in Section III.E. 

5. CO2 Temporary Lead-Time 

Allowance Alternative Standards 

EPA proposed adopting a limited and 

narrowly prescribed option, called the 

Temporary Lead-time Allowance 

Alternative Standards (TLAAS), to 

provide additional lead time for a 

certain subset of manufacturers. As 

noted in the proposal, this option was 

designed to address two different 

situations where we project that more 

lead time is needed, based on the level 

of emissions control technology and 

emissions control performance currently 

exhibited by certain vehicles. One 

situation involves manufacturers who 

have traditionally paid CAFE fines 

instead of complying with the CAFE 

fleet average, and as a result at least part 

of their vehicle production currently has 

significantly higher CO2 and lower fuel 

economy levels than the industry 

average. More lead time is needed in the 

program’s initial years to upgrade these 

vehicles to meet the aggressive CO2

emissions performance levels required 

by the final rule. The other situation 

involves manufacturers who have a 

limited line of vehicles and are therefore 

unable to average emissions 

performance across a full line of 

production. For example, some smaller 

volume manufacturers produce only 

vehicles with emissions above the 

corresponding CO2 footprint target, and 

do not have other types of vehicles (that 

exceed their compliance targets) in their 

production mix with which to average. 

Often, these manufacturers also pay 

fines under the CAFE program rather 

than meeting the applicable CAFE 

standard. Because voluntary noncompliance through payment of civil 

penalties is impermissible for the GHG 

standards under the CAA, both of these 

types of manufacturers need additional 

lead time to upgrade vehicles and meet 

the standards. EPA proposed that this 

subset of manufacturers be allowed to 

mstockstill on DSKB9S0YB1PROD with RULES2

Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 25415 

187See final regulations at 40 CFR 86.1818–12(e). 

produce up to 100,000 vehicles over 

model years 2012–2015 that would be 

subject to a somewhat less stringent CO2

standard of 1.25 times the standard that 

would otherwise apply to those 

vehicles. Only manufacturers with total 

U.S. sales of less than 400,000 vehicles 

per year in MY 2009 would be eligible 

for this allowance. Those manufacturers 

would have to exhaust designated 

program flexibilities in order to be 

eligible, and credit generating and 

trading opportunities for the eligible 

vehicles would be restricted. See 74 FR 

49522–224. 

EPA is finalizing the optional TLAAS 

provisions, with certain limited 

modifications, so that these 

manufacturers can have sufficient lead 

time to meet the tougher MY 2016 GHG 

standards, while preserving consumer 

choice of vehicles during this time.187

EPA is finalizing modified provisions to 

address the unique lead-time issues of 

smaller volume manufacturers. One 

provision involves additional flexibility 

under the TLAAS program for 

manufacturers below 50,000 U.S. 

vehicle sales, as discussed further in 

Section III.B.5.b below. Another 

provision defers the CO2 standards for 

the smallest volume manufacturers, 

those below 5,000 U.S. vehicle sales, as 

discussed in Section III.B.6. 

Comments from several 

manufacturers strongly supported the 

TLAAS program as critical to provide 

the lead time needed for manufacturers 

to meet the standards. Volkswagen 

commented that TLAAS is an important 

aspect of EPA’s proposal and that it 

responds to the needs of some smaller 

manufacturers for additional lead time 

and flexibility under the CAA. Daimler 

Automotive Group commented that 

TLAAS is a critical element of the 

program and falls squarely within EPA’s 

discretion to provide appropriate lead 

time to limited-line low-volume 

manufacturers. BMW also commented 

that TLAAS is needed because most of 

the companies with limited lines will 

have to meet a more stringent fleet 

standard by 2016 than full-line 

manufacturers because they sell 

‘‘feature-dense’’ vehicles (as opposed to 

light-weight large wheel-base vehicles) 

and no pick-up trucks. BMW 

commented that their MY 2016 

footprint-based standard is projected to 

be 4 percent more stringent than the 

fleet average standard of 250 g/mile. The 

Alliance of Automobile Manufacturers 

supported the flexibilities proposed by 

EPA, including TLAAS. As discussed in 

detail below, EPA received extensive 

comments from many smaller volume 

manufacturers that the proposed TLAAS 

program was insufficient to address lead 

time and feasibility issues they will face 

under the program. 

In contrast, EPA also received 

comments from the Center for Biological 

Diversity opposing the TLAAS program, 

commenting that an exception for high 

performance vehicles is not allowed 

under EPCA or the CAA and that it 

rewards manufacturers that pay 

penalties under CAFE and penalizes 

those that have complied with CAFE. 

This commenter suggests that 

manufacturers could decrease vehicle 

mass or power output of engines, 

purchase credits from another 

manufacturer, or earn off-cycle credits. 

EPA responds to these comments below. 

After carefully considering the public 

comments, EPA continues to believe 

that the TLAAS program is essential in 

providing necessary lead time and 

flexibility to eligible manufacturers in 

the early years of the standards. First, 

EPA believes that it is acting well 

within its legal authority in adopting the 

various TLAAS provisions. EPA is 

required to provide sufficient lead time 

for industry as a whole for standards 

under section 202(a)(1), which 

mandates that standards are to take 

effect only ‘‘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.’’ Thus, 

although section 202(a)(1) does not 

explicitly authorize this or any other 

specific lead time provision, it affords 

ample leeway for EPA to craft 

provisions designed to provide adequate 

lead time, and to tailor those provisions 

as appropriate. We show below that the 

types of technology penetrations 

required for TLAAS-eligible vehicles in 

the program’s earlier years raise critical 

issues as to adequacy of lead time. As 

discussed in the EPA feasibility analysis 

provided in Section III.D.6 and III.D.7 

several manufacturers eligible for 

TLAAS are projected to face a 

compliance shortfall in MY 2016 

without the TLAAS program, even with 

the full application of technologies 

assumed by the OMEGA Model, 

including hybrid use of up to 15 

percent. These include BMW, Jaguar 

Land Rover, Daimler, Porsche, and 

Volkswagen In addition, the smaller 

volume manufacturers of this group 

(i.e., Jaguar Land Rover and Porsche) 

face the greatest shortfall (see Table 

III.D.6–4). Even with TLAAS, these 

manufacturers will need to take 

technology steps to comply with 

standards above and beyond those of 

other manufacturers. These 

manufacturers have relatively few 

models with high baseline emissions 

and this flexibility allows them 

additional lead time to adapt to a longer 

term strategy of meeting the final 

standards within their vehicle redesign 

cycles. 

Second, EPA has carefully evaluated 

other means of eligible manufacturers to 

meet the standards, such as utilizing 

available credit opportunities. Indeed, 

eligibility for the TLAAS, and for 

temporary deferral of regulation for very 

small volume manufacturers, is 

conditioned on first exhausting the 

various programmatic flexibilities 

including credit utilization. At the same 

time, a basic reason certain 

manufacturers are faced with special 

lead time difficulties is their inability to 

generate credits which can be then be 

averaged across their fleet because of 

limited product lines. And although 

purchasing credits is an option under 

the program, there are no guarantees 

that credits will be available. Historic 

practice in fact suggests that 

manufacturers do not sell credits to 

competitors. While some of the smaller 

manufacturers covered by the TLAAS 

program may be in a position to obtain 

credits, they are not likely to be 

available for the TLAAS manufacturers 

across the board in the volume needed 

to comply without the TLAAS 

provisions. At the same time the TLAAS 

provisions have been structured such 

that any credits that do become 

available would likely be used before a 

manufacturer would turn to the more 

restricted and limiting TLAAS 

provisions. 

As discussed in Section III.C., offcycle credits are available if 

manufacturers are able to employ new 

and innovative technologies not already 

in widespread use, which provide realworld emissions reductions not 

captured on the current test cycles. 

Further, these credits are eligible only 

for technologies that are newly 

introduced on just a few vehicle models, 

and are not yet in widespread use across 

the fleet. The magnitude of these credits 

are highly uncertain because they are 

based on new technologies, and EPA is 

not aware of any such technologies that 

would provide enough credits to bring 

these manufacturers into compliance 

without TLAAS lead time flexibility. 

Manufacturers first must develop these 

technologies and then demonstrate their 

emissions reductions capabilities, 

which will require lead time. Moreover, 

the technologies mentioned in the 

proposal which are the most likely to be 

eligible based on present knowledge, 

including solar panels and active 

mstockstill on DSKB9S0YB1PROD with RULES2

25416 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 

aerodynamics, are likely to provide only 

small incremental emissions reductions. 

We agree with the comment that 

reducing vehicle mass or power are 

potential methods for reducing 

emissions that should be employed by 

TLAAS-eligible manufacturers to help 

them meet standards. However, based 

on our assessment of the lead time 

needed for these manufacturers to 

comply with the standards, especially 

given their more limited product 

offerings and higher baseline emissions, 

we believe that additional time is 

needed for them to come into 

compliance. EPA can permissibly 

consider the TLAAS and other 

manufacturers’ lead time, cost, and 

feasibility issues in developing the 

primary standards and has discretion in 

setting the overall stringency of the 

standards to account for these factors. 

Natural Resources Defense Council v. 

Thomas, 805 F. 2d 410, 421 (DC Cir. 

1986) (even when implementing 

technology-forcing provisions of Title II, 

EPA may base standards on an industrywide capability ‘‘taking into account the 

broad spectrum of technological 

capabilities as well as cost and other 

factors’’ across the industry). EPA is not 

legally required to set standards that 

drive these manufacturers or their 

products out of the market, nor is EPA 

legally required to preserve a certain 

product line or vehicle characteristic. 

Instead EPA has broad discretion under 

section 202(a)(1) to set standards that 

reasonably balance lead time needs 

across the industry as a whole and 

vehicle availability. In this rulemaking, 

EPA has consistently emphasized the 

importance of obtaining very significant 

reductions in emissions of GHGs from 

the industry as a whole, and obtaining 

those reductions through regulatory 

approaches that avoid limiting the 

ability of manufacturers to provide 

model availability and choice for 

consumers. The primary mechanism to 

achieve this is the use of a footprint 

attribute curve in setting the 

increasingly stringent model year 

standards. The TLAAS provisions are a 

temporary and strictly limited 

modification to these attribute standards 

allowing the TLAAS manufacturers lead 

time to upgrade their product lines to 

meet the 2016 GHG standards. EPA has 

made a reasonable choice here to 

preserve the overall stringency of the 

program, and to afford increased 

flexibility in the program’s early years to 

a limited class of vehicles to assure 

adequate lead time for all manufacturers 

to meet the strictest of the standards by 

MY 2016. 

As described below, EPA also 

carefully considered the comments of 

smaller volume manufacturers and 

believes additional lead time is needed. 

Therefore, EPA is finalizing the TLAAS 

program, similar to that proposed, and 

is also finalizing an additional TLAAS 

option for manufacturers with annual 

U.S. sales under 50,000 vehicles. EPA is 

also deferring standards for 

manufacturers with annual sales of less 

than 5,000 vehicles. These new TLAAS 

provisions and the small volume 

manufacturer deferment are discussed 

in detail below and in Section III.B.6. 

a. Base TLAAS Program 

As proposed, EPA is establishing the 

TLAAS program for a specified subset of 

manufacturers. This alternative standard 

is an option only for manufacturers with 

total U.S. sales of less than 400,000 

vehicles per year, using 2009 model 

year final sales numbers to determine 

eligibility for these alternative 

standards. For manufacturers with 

annual U.S. sales of 50,000 or more but 

less than 400,000 vehicles, EPA is 

finalizing the TLAAS program largely as 

proposed. EPA proposed that under the 

TLAAS, qualifying manufacturers 

would be allowed to produce up to 

100,000 vehicles that would be subject 

to a somewhat less stringent CO2

standard of 1.25 times the standard that 

would otherwise apply to those 

vehicles. This 100,000 volume is not an 

annual limit, but is an absolute limit for 

the total number of vehicles which can 

use the TLAAS program over the model 

years 2012–2015. Any additional 

production would be subject to the same 

standards as any other manufacturer. 

EPA is retaining this limit for 

manufacturers with baseline MY 2009 

sales of 50,000 but less than 400,000. In 

addition, as discussed further below, 

EPA is finalizing a variety of restrictions 

on the use of the TLAAS program, to 

ensure that only manufacturers who 

need more lead time for the kinds of 

reasons noted above are likely to use the 

program. 

Volvo and Saab commented that 

basing eligibility strictly on MY 2009 

sales would be problematic for these 

companies, which are being spun-off 

from larger manufacturer in the MY 

2009 time frame due to the upheaval in 

the auto industry over the past few 

years. These commenters offered a 

variety of suggestions including using 

MY 2010 as the eligibility cut-off 

instead of MY 2009, reassessing 

eligibility on a year-by-year basis as 

corporate relationships change, or 

allowing companies separated from a 

larger parent company by the end of 

2010 to use their MY 2009 branded U.S. 

sales to qualify for TLAAS. In response 

to these concerns, EPA recognizes that 

these companies currently being sold by 

larger manufacturers will share the same 

characteristics of the manufacturers for 

which the TLAAS program was 

designed. As newly independent 

companies, these firms will face the 

challenges of a narrower fleet of 

vehicles across which to average, and 

may potentially be in a situation, at least 

in the first few years, of paying fines 

under CAFE. Lead time concerns in the 

program’s initial years are in fact 

particularly acute for these 

manufacturers since they will be newly 

independent, and thus would have even 

less of an opportunity to modify their 

vehicles to meet the standards. 

Therefore, EPA is finalizing an approach 

that allows manufacturers with U.S. 

‘‘branded sales’’ in MY 2009 under the 

umbrella of a larger manufacturer that 

become independent by the end of 

calendar year 2010 to use their MY 2009 

branded sales to qualify for TLAAS 

eligibility. In other words, a 

manufacturer will be eligible for TLAAS 

if it produced vehicles for the U.S. 

market in MY 2009, its branded sales of 

U.S. vehicles were less than 400,000 in 

MY 2009 but whose vehicles were sold 

as part of a larger manufacturer, and it 

becomes independent by the end of 

calendar year 2010, if the new entity has 

sales below 400,000 vehicles. 

Manufacturers with no U.S. sales in 

MY 2009 are not eligible to utilize the 

TLAAS program. EPA does not support 

the commenter’s suggestion of a year-byyear eligibility determination because it 

opens up the TLAAS program to an 

unknown universe of potential eligible 

manufacturers, with the potential for 

gaming. EPA does not believe the 

TLAAS program should be available to 

new entrants to the U.S. market since 

these manufacturers are not 

transitioning from the CAFE regime 

which allows fine paying as a means of 

compliance to a CAA regime which 

does not, and hence do not present the 

same types of lead time issues. 

Manufacturers entering the U.S. market 

for the first time thus will be fully 

subject to the GHG fleet-average 

standards. 

As proposed, manufacturers 

qualifying for TLAAS will be allowed to 

meet slightly less stringent standards for 

a limited number of vehicles. An 

eligible manufacturer could have a total 

of up to 100,000 units of cars or trucks 

combined over model years 2012–2015 

which would be subject to a standard 

1.25 times the standard that would 

otherwise apply to those vehicles under 

the primary program. In other words, 

the footprint curves upon which the 

individual manufacturer standards for 

the TLAAS fleets are based would be 

mstockstill on DSKB9S0YB1PROD with RULES2

Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 25417 

less stringent by a factor of 1.25 for up 

to 100,000 of an eligible manufacturer’s 

vehicles for model years 2012–2015. 

EPA believes that 100,000 units over 

four model years achieves an 

appropriate balance, as the emissions 

impact is quite small, but does provide 

companies with necessary lead time 

during MY 2012–2015. For example, for 

a manufacturer producing 400,000 

vehicles per year, this would be a total 

of up to 100,000 vehicles out of a total 

production of up to 1.6 million vehicles 

over the four year period, or about 6 

percent of total production. 

Finally, for manufacturers of 50,000 

but less than 400,000 U.S. vehicles sales 

during 2009, the program expires at the 

end of MY 2015 as proposed. EPA 

continues to believe the program 

reasonably addresses a real world lead 

time constraint for these manufacturers, 

and does so in a way that balances the 

need for more lead time with the need 

to minimize any resulting loss in 

potential emissions reductions. In MY 

2016, the TLAAS option thus ends for 

all but the smallest manufacturers 

opting for TLAAS, and manufacturers 

must comply with the same CO2

standards as non-TLAAS manufacturers; 

under the CAFE program companies 

would continue to be allowed to pay 

civil penalties in lieu of complying with 

the CAFE standards. However, because 

companies must meet both the CAFE 

standards and the EPA CO2 standards, 

the National Program will have the 

practical impact of providing a level 

playing field for almost all except the 

smallest companies beginning in MY 

2016. This option, even with the 

modifications being adopted, thereby 

results in more fuel savings and CO2

reductions than would be the case 

under the CAFE program by itself. 

EPA proposed that manufacturers 

meeting the cut-point of below 400,000 

sales for MY 2009 but whose U.S. sales 

grew above 400,000 in any subsequent 

model years would remain eligible for 

the TLAAS program. The total sales 

number applies at the corporate level, so 

if a corporation owns several vehicle 

brands the aggregate sales for the 

corporation must be used. These 

provisions would help prevent gaming 

of the provisions through corporate 

restructuring. Corporate ownership or 

control relationships would be based on 

determinations made under CAFE for 

model year 2009 (except in the case of 

a manufacturer being sold by a larger 

manufacturer by the end of calendar 

year 2010, as discussed above). In other 

words, corporations grouped together 

for purposes of meeting CAFE standards 

in MY 2009, must be grouped together 

for determining whether or not they are 

eligible under the 400,000 vehicle cut 

point. EPA is finalizing these provisions 

with the following modifications. EPA 

recognizes the dynamic corporate 

restructuring occurring in the auto 

industry and believes it is important to 

structure additional provisions to 

ensure there is no ability to game the 

TLAAS provisions and to ensure no 

unintended loss of feasible 

environmental benefits. Therefore, EPA 

is finalizing a provision that if two or 

more TLAAS eligible companies are 

later merged, with one company having 

at least 50% or more ownership of the 

other, or if the companies are combined 

for the purposes of EPA certification 

and compliance, the TLAAS allotment 

is not additive. The merged company 

will only be allowed the allotment for 

what is considered the parent company 

under the new corporate structure. 

Further, if the newly formed company 

would have exceeded the 400,000 

vehicle cut point based on combined 

MY 2009 sales, the new entity is not 

eligible for TLAAS in the model year 

following the merger. EPA believes that 

such mergers and acquisitions would 

give the parent company additional 

opportunities to average across its fleet, 

eliminating one of the primary needs for 

the TLAAS program. This provision will 

not be retroactive and will not affect the 

TLAAS program in the year of the 

merger or for previous model years. EPA 

believes these additional provisions are 

essential to ensure the integrity of the 

TLAAS program by ensuring that it does 

not become available to large 

manufacturers through mergers and 

acquisitions. 

As proposed, the TLAAS vehicles will 

be separate car and truck fleets for that 

model year and subject to the less 

stringent footprint-based standards of 

1.25 times the primary fleet average that 

would otherwise apply. The 

manufacturer will determine what 

vehicles are assigned to these separate 

averaging sets for each model year. As 

proposed, credits from the primary fleet 

average program can be transferred and 

used in the TLAAS program. Credits 

generated within the TLAAS program 

may also be transferred between the 

TLAAS car and truck averaging sets (but 

not to the primary fleet as explained 

below) for use through MY 2015 when 

the TLAAS ends. 

EPA is finalizing a number of 

restrictions on credit trading within the 

TLAAS program, as proposed. EPA is 

concerned that if credit use in the 

TLAAS program were unrestricted, 

some manufacturers would be able to 

place relatively clean vehicles in the 

TLAAS fleet, and generate credits for 

the primary program fleet. First, credits 

generated under TLAAS may not be 

transferred or traded to the primary 

program. Therefore, any unused credits 

under TLAAS expire after model year 

2015 (or 2016 for manufacturers with 

annual sales less than 50,000 vehicles). 

EPA believes that this is necessary to 

limit the program to situations where it 

is needed and to prevent the allowance 

from being inappropriately transferred 

to the long-term primary program where 

it is not needed. EPA continues to 

believe this provision is necessary to 

prevent credits from being earned 

simply by removing some high-emitting 

vehicles from the primary fleet. Absent 

this restriction, manufacturers would be 

able to choose to use the TLAAS for 

these vehicles and also be able to earn 

credits under the primary program that 

could be banked or traded under the 

primary program without restriction. 

Second, EPA is finalizing two additional 

restrictions on the use of TLAAS by 

requiring that for any of the 2012–2015 

model years for which an eligible 

manufacturer would like to use the 

TLAAS, the manufacturer must use two 

of the available flexibilities in the GHG 

program first in order to try and comply 

with the primary standard before 

accessing the TLAAS—i.e., TLAAS 

eligibility is not available to those 

manufacturers with other readilyavailable means of compliance. 

Specifically, before using the TLAAS a 

manufacturer must: (1) Use any banked 

emission credits from previous model 

years; and, (2) use any available credits 

from the companies’ car or truck fleet 

for the specific model year (i.e., use 

credit transfer from cars to trucks or 

from trucks to cars). That is, before 

using the TLAAS for either the car fleet 

or the truck fleet, the company must 

make use of any available intramanufacturer credit transfers first. 

Finally, EPA is restricting the use of 

banking and trading between companies 

of credits in the primary program in 

years in which the TLAAS is being 

used. No such restriction is in place for 

years when the TLAAS is not being 

used. 

EPA received several comments in 

support of these credit restrictions for 

the TLAAS program. On the negative 

side, one manufacturer commented that 

the restrictions were not necessary, 

saying that the restrictions are counter 

to providing manufacturers with 

flexibility and that the emissions 

impacts estimated by EPA due to the 

full use of the program are small. 

However, EPA continues to believe that 

the restrictions are appropriate to 

prevent the potential gaming described 

above, and to ensure that the TLAAS 

mstockstill on DSKB9S0YB1PROD with RULES2

25418 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 

program is used only by those 

manufacturers that have exhausted all 

other readily available compliance 

mechanisms and consequently have 

legitimate lead time issues. 

One manufacturer commented that 

the program is restrictive due to the 

requirement that manufacturers must 

decide prior to the start of the model 

year whether or not and how to use the 

TLAAS program. EPA did not intend for 

manufactures to have to make this 

determination prior to the start of the 

model year. EPA expects that 

manufacturers will provide a best 

estimate of their plans to use the TLAAS 

program during certification based on 

projected model year sales, as part of 

their pre model year report projecting 

their overall plan for compliance (as 

required by § 600.514–12 of the 

regulations). Manufacturers must 

determine the program’s actual use at 

the end of the model year during the 

process of demonstrating year-end 

compliance. EPA recognizes that 

depending on actual sales for a given 

model year, a manufacturer’s use of 

TLAAS may change from the 

projections used in the pre-model year 

report. 

b. Additional TLAAS Flexibility for 

Manufacturers With MY 2009 Sales of 

Less Than 50,000 Vehicles 

EPA received extensive comments 

that the TLAAS program would not 

provide sufficient lead time and 

flexibility for companies with sales of 

significantly less than 400,000 vehicles. 

Jaguar Land Rover, which separated 

from Ford in 2008, commented that it 

sells products only in the middle and 

large vehicle segments and that its total 

product range remains significantly 

more limited in terms of segments in 

comparison with its main competitors 

which typically have approximately 

75% of their passenger car fleet in the 

small and middle segments. Jaguar Land 

Rover also commented that it has 

already committed $1.3 billion of 

investment to reducing CO2 from its 

vehicle fleet and that this investment is 

already delivering a range of 

technologies to improve the fuel 

economy and CO2 performance of its 

existing vehicles. Jaguar Land Rover 

submitted confidential business 

information regarding their future 

product plans and emissions 

performance capabilities of their 

vehicles which documents their 

assertions. 

Porsche commented that their 

passenger car footprint-based standard 

is the most stringent of any 

manufacturer and this, combined with 

their high baseline emissions level, 

means that it would need to reduce 

emissions by about 10 percent per year 

over the 2012–2016 time-frame. Porsche 

commented that such reductions were 

not feasible. They commented that their 

competitors will be able to continue to 

offer their full line of products because 

the competitors have a wider range of 

products with which to average. Porsche 

further commented that their product 

development cycles are longer than 

larger competitors. Porsche 

recommended for small limited line 

niche manufacturers that EPA require 

an annual 5 percent reduction in 

emissions from baseline up to a total 

reduction of 25 percent, or to modify the 

TLAAS program to require such 

reductions. Porsche noted that this 

percent reduction would be in line with 

the average emissions reductions 

required for larger manufacturers. 

EPA also received comments from 

several very small volume 

manufacturers that, even with the 

TLAAS program, the proposed 

standards are not feasible for them, 

certainly not in the MY 2012–2016 MY 

time frame. These manufacturers 

included Aston Martin, McLaren, Lotus, 

and Ferrari. Their comments 

consistently focused on the need for 

separate, less stringent standards for 

small volume manufacturers. The 

manufacturers commented that they are 

willing to make progress in reducing 

emissions, but that separate, lessstringent small volume manufacturer 

standards are needed for them to remain 

in the U.S. market. The commenters 

note that their product line consists 

entirely of high end sports cars. Most of 

these manufacturers have only a few 

vehicle models, have annual sales on 

the order of a few hundred to a few 

thousand vehicles, and several have 

average baseline CO2 emissions in 

excess of 500 g/mile—nearly twice the 

industry average. McLaren commented 

that its vehicle model to be introduced 

in MY 2011 will have class leading CO2

performance but that it would not be 

able to offer the vehicle in the U.S. 

market because it does not have other 

vehicle models with which to average. 

Similarly, Aston Martin commented that 

it is of utmost importance that it is not 

required to reduce emissions 

significantly more than equivalent 

vehicles from larger manufacturers, 

which would render them 

uncompetitive due purely to the size of 

its business. Manufacturers also noted 

that they launch new products less 

frequently than larger manufacturers 

(e.g., Ferrari noted that their production 

period for models is 7–8 years), and that 

suppliers serve large manufacturers first 

because they can buy in larger volumes. 

Some manufacturers also noted that 

they would be willing to purchase 

credits at a reasonable price, but they 

believed that credit availability from 

other manufacturers was highly unlikely 

due to the competitive nature of the 

auto industry. Several of these 

manufacturers provided confidential 

business information indicating their 

preliminary plans for reducing GHG 

emissions across their product lines 

through MY 2016 and beyond. 

The Association of International 

Automobile Manufacturers (AIAM) also 

commented that, because of their 

essential features, vehicles produced by 

small volume manufacturers would not 

be able to meet the proposed greenhouse 

gas standards. AIAM commented that 

‘‘while it is possible that these small 

volume manufacturers (SVMs) might be 

able to comply with greenhouse gas 

standards by purchasing credits from 

other manufacturers, this is far too 

speculative a solution. The market for 

credits is unpredictable at this point. 

Other than exiting the U.S. market, 

therefore, the only other possible 

solution for an independent SVM would 

be to sell an equity interest in the 

company to a larger, full-line 

manufacturer, so that the emissions of 

the luxury vehicles could be averaged in 

with the much larger volume of other 

vehicles produced by the major 

manufacturer. This cannot possibly be 

the outcome EPA intends, especially 

when measured against the minimal, if 

any, environmental benefit that would 

result.’’ AIAM commented further that 

‘‘there is ample legal authority for EPA 

to provide SVMs a more generous leadtime allowance or an alternative 

standard. Indeed, EPA recognizes such 

authority in the proposal for a small 

entity exemption (for those companies 

defined under the Small Business 

Administration’s regulations), see 74 FR 

at 49574, and in the TLAAS. These 

provisions are consistent with previous 

EPA rulemaking under the Clean Air 

Act which offer relief to SVMs.’’ AIAM 

recommended deferring standards for 

SVMs to a future rulemaking, providing 

EPA with adequate time to assess 

relevant product plans and technology 

feasibility information from SVMs, 

conduct the necessary reviews and 

modeling that may be needed, and 

consult with the stakeholders. 

These commenters noted that 

standards for the smallest manufacturers 

were deferred in the California program 

until MY 2016 and that California’s 

program would have established 

standards for small volume 

manufacturers in MY 2016 at a level 

that would be technologically feasible. 

mstockstill on DSKB9S0YB1PROD with RULES2

Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 25419 

The commenters also suggested that 

California’s approach is similar to the 

approach being taken by EPA for small 

business entities. Further, these 

commenters noted that in Tier 2 and 

other light-duty vehicle programs, EPA 

has allowed small volume 

manufacturers (SVMs) until the end of 

the phase-in period to comply with 

standards. The commenters 

recommended that EPA should defer 

standards for SVMs, and conduct a 

future rulemaking to establish 

appropriate standards for SVMs starting 

in model year 2016. Alternatively, some 

manufacturers recommended 

establishing much less stringent 

standards for SVMs as part of the 

current rulemaking. 

In summary, the manufacturers 

commented that their range of products 

was insufficient to allow them to meet 

the standards in the time provided, even 

with the proposed TLAAS program. 

Many of these manufacturers have 

baseline emissions significantly higher 

than their larger-volume competitors, 

and thus the CO2 reductions required 

from baseline under the program are 

larger for many of these companies than 

for other companies. Although they are 

investing substantial resources to reduce 

CO2 emissions, they believe that they 

will not be able to achieve the standards 

under the proposed approach. 

EPA also received comments urging 

us not to expand the TLAAS program. 

The commenters are concerned about 

the loss of benefits that would occur 

with any expansion. 

EPA has considered the comments 

carefully and concludes that additional 

flexibility is needed for these 

companies. After assessing the issues 

raised by commenters, EPA believes 

there are two groups of manufacturers 

that need additional lead time. The first 

group includes manufacturers with 

annual U.S. sales of less than 5,000 

vehicles per year. Standards for these 

small volume manufacturers are being 

deferred until a future rulemaking in the 

2012 timeframe, as discussed in Section 

III.B.6, below. This will allow EPA to 

determine the appropriate level of 

standards for these manufacturers, as 

well as the small business entities, at a 

later time. The second group includes 

manufacturers with MY 2009 U.S. sales 

of less than 50,000 vehicles but above 

the 5,000 vehicle threshold being 

established for small volume 

manufacturers. EPA has selected a cut 

point of 50,000 vehicles in order to limit 

the additional flexibility to only the 

smaller manufacturers with much more 

limited product lines over which to 

average. EPA has tailored these 

provisions as narrowly as possible to 

provide additional lead time only as 

needed by these smaller manufacturers. 

We estimate that the TLAAS program, 

including the changes below will result 

in a total decrease in overall emissions 

reductions of about one percent of the 

total projected GHG program emission 

benefits. These estimates are provided 

in RIA Chapter 5 Appendix A. 

For some of the companies, the 

reduction from baseline CO2 emissions 

required to meet the standards is clearly 

greater than for other TLAAS-eligible 

manufacturers. Compared with other 

TLAAS-eligible manufacturers, these 

companies also have more limited fleets 

across which to average the standards. 

Some companies have only a few 

vehicle models all of a similar utility, 

and thus their averaging abilities are 

extremely limited posing lead time 

issues of greater severity than other 

TLAAS-eligible manufacturers. EPA’s 

feasibility analysis provided in Section 

III.D., shows that these companies face 

a compliance shortfall significantly 

greater than other TLAAS companies 

(see Table III.D.6–4). This shortfall is 

primarily due to their narrow product 

lines and more limited ability to average 

across their vehicle fleets. In addition, 

with fewer models with which to 

average, there is a higher likelihood that 

phase-in requirements may conflict with 

normal product redesign cycles. 

Therefore, for manufacturers with MY 

2009 U.S. sales of less than 50,000 

vehicles, EPA is finalizing additional 

TLAAS compliance flexibility through 

model year 2016. These manufacturers 

will be allowed to place up to 200,000 

vehicles in the TLAAS program in MY 

2012–2015 and an additional 50,000 

vehicles in MY 2016. To be eligible for 

the additional allotment above the base 

TLAAS level of 100,000 vehicles, 

manufacturers must annually 

demonstrate that they have diligently 

made a good faith effort to purchase 

credits from other manufacturers in 

order to comply with the base TLAAS 

program, but that sufficient credits were 

not available. Manufacturers must 

secure credits to the extent they are 

reasonably available from other 

manufacturers to offset the difference 

between their emissions reductions 

obligations under the base TLAAS 

program and the expanded TLAAS 

program. Manufacturers must document 

their efforts to purchase credits as part 

of their end of year compliance report. 

All other aspects of the TLAAS program 

including the 1.25x adjustment to the 

standards and the credits provision 

restrictions remain the same as 

described above for the same reasons. 

This will still require the manufacturers 

to reduce emissions significantly in the 

2012–2016 time-frame and to meet the 

final emissions standards in MY 2017. 

The standards remain very challenging 

for these manufacturers but these 

additional provisions will allow them 

the necessary lead time for 

implementing their strategy for 

compliance with the final, most 

stringent standards. 

The eligibility limit of 50,000 vehicles 

will be treated in a similar way as the 

400,000 vehicle eligibility limit is 

treated, as described above. 

Manufacturers with model year 2009 

U.S. sales of less than 50,000 vehicles 

are eligible for the expanded TLAAS 

flexibility. Manufacturers whose sales 

grow in later years above 50,000 

vehicles without merger or acquisition 

will continue to be eligible for the 

expanded TLAAS program. However, 

manufacturers that exceed the 50,000 

vehicle limit through mergers or 

acquisitions will not be eligible for the 

expanded TLAAS program in the model 

year following the merger or acquisition, 

but may continue to be eligible for the 

base TLAAS program if the MY 2009 

sales of the new company would have 

been below the 400,000 vehicle 

eligibility cut point. The use of TLAAS 

by all the entities within the company 

in years prior to the merger must be 

counted against the 100,000 vehicle 

limit of the base program. If the 100,000 

vehicle limit has been exceeded, the 

company is no longer eligible for 

TLAAS. 

6. Deferment of CO2 Standards for Small 

Volume Manufacturers With Annual 

Sales Less Than 5,000 Vehicles 

In the proposal, in the context of the 

TLAAS program, EPA recognized that 

there would be a wide range of 

companies within the eligible 

manufacturers with sales less than 

400,000 vehicles in model year 2009. As 

noted in the proposal, some of these 

companies, while having relatively 

small U.S. sales volumes, are large 

global automotive firms, including 

companies such as Mercedes and 

Volkswagen. Other companies are 

significantly smaller niche firms, with 

sales volumes closer to 10,000 vehicles 

per year worldwide, such as Aston 

Martin. EPA anticipated that there is a 

small number of such smaller volume 

manufacturers, which may face greater 

challenges in meeting the standards due 

to their limited product lines across 

which to average. EPA requested 

comment on whether the proposed 

TLAAS program would provide 

sufficient lead-time for these smaller 

firms to incorporate the technology 

needed to comply with the proposed 

GHG standards. See 74 FR at 49524. 

mstockstill on DSKB9S0YB1PROD with RULES2

25420 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 

188See final regulations at 40 CFR 86.1801–12(k). 

EPA received comments from several 

very small volume manufacturers that 

the TLAAS program would not provide 

sufficient lead time, as described above. 

EPA agrees with comments that the 

standards would be extremely 

challenging and potentially infeasible 

for these small volume manufacturers, 

absent credits from other manufacturers, 

and that credit availability at this point 

is highly uncertain—although these 

companies are planning to introduce 

significant GHG-reducing technologies 

to their product lines, they are still 

highly unlikely to meet the standards by 

MY 2016. Because the products 

produced by these manufacturers are so 

unique, these manufacturers were not 

included in EPA’s OMEGA modeling 

assessment of the technology feasibility 

and costs to meet the proposed 

standards. As noted above, these 

manufacturers have only a few models 

and have very high baseline emissions. 

TLAAS manufacturers are projected to 

be required to reduce emissions by up 

to 39%, whereas SVMs in many cases 

would need to cut their emissions by 

more than half to comply with MY 2016 

standards. 

Given the unique feasibility issues 

raised for these manufacturers, EPA is 

deferring establishing CO2 standards for 

manufacturers with U.S. sales of less 

than 5,000 vehicles.188 This will 

provide EPA more time to consider the 

unique challenges faced by these 

manufacturers. EPA expects to conduct 

this rulemaking in the 2012 timeframe. 

The deferment only applies to CO2

standards and SVMs must meet N2O 

and CH4 standards. EPA plans to set 

standards for these manufacturers as 

part of a future rulemaking in the next 

18 months. This future rulemaking will 

allow EPA to fully examine the 

technologies and emissions levels of 

vehicles offered by small manufacturers 

and to determine the potential 

emissions control capabilities, costs, 

and necessary lead time. This timing 

may also allow a credits market to 

develop, so that EPA may consider the 

availability of credits during the 

rulemaking process. See State of Mass. 

v. EPA, 549 U.S. at 533 (EPA retains 

discretion as to timing of any 

regulations addressing vehicular GHG 

emissions under section 202(a)(1)). We 

expect that standards would begin to be 

implemented in the MY 2016 

timeframe. This approach is consistent 

with that envisioned by California for 

these manufacturers. EPA estimates that 

eligible small volume manufacturers 

currently comprise less than 0.1 percent 

of the total light-duty vehicle sales in 

the U.S., and therefore the deferment 

will have a very small impact on the 

GHG emissions reductions from the 

standards. 

In addition to the 5,000 vehicle per 

year cut point, to be eligible for 

deferment each year, manufacturers 

must also demonstrate due diligence in 

attempting to secure credits from other 

manufacturers. Manufacturers must 

make a good faith effort to secure credits 

to the extent they are reasonably 

available from other manufacturers to 

offset the difference between their 

baseline emissions and what their 

obligations would be under the TLAAS 

program starting in MY 2012. 

Eligibility will be determined 

somewhat differently compared to the 

TLAAS program. Manufacturers with 

either MY 2008 or MY 2009 U.S. sales 

of less than 5,000 vehicles will be 

initially eligible. This includes ‘‘branded 

sales’’ for companies that sold vehicles 

under a larger manufacturer but has 

become independent by the end of 

calendar year 2010. EPA is including 

MY 2008 as well as MY 2009 because 

some manufacturers in this market 

segment have such limited sales that 

they often drop in and out of the market 

from year to year. 

In determining eligibility, 

manufacturers must be aggregated 

according to the provisions of 40 CFR 

86.1838–01(b)(3), which requires the 

sales of different firms to be aggregated 

in various situations, including where 

one firm has a 10% or more equity 

ownership of another firm, or where a 

third party has a 10% or more equity 

ownership of two or more firms. EPA 

received public comment from a 

manufacturer requesting that EPA 

should allow a manufacturer to apply to 

EPA to establish small volume 

manufacturer status based on the 

independence of its research, 

development, testing, design, and 

manufacturing from another firm that 

may have an ownership interest in that 

manufacturer. EPA has reviewed this 

comment, but is not finalizing such a 

provision at this time. EPA believes that 

this issue likely presents some 

competitive issues, which we would 

like to be fully considered through the 

public comment process. Therefore, 

EPA plans to consider this issue and 

seek public comments in our proposal 

for small volume manufacturer CO2

standards, which we expect to complete 

within 18 months. 

To remain eligible for the deferral 

from standards, the rolling average of 

three consecutive model years of sales 

must remain below 5,000 vehicles. EPA 

is establishing the 5,000 vehicle 

threshold to allow for some sales growth 

by SVMs, as SVMs typically have 

annual sales of below 2,000 vehicles. 

However, EPA wants to ensure that 

standards for as few vehicles as possible 

are deferred and therefore believes it is 

appropriate that manufacturers with 

U.S. sales growing to above 5,000 

vehicles per year be required to comply 

with standards (including TLAAS, as 

applicable). Manufacturers with 

unusually strong sales in a given year 

would still likely remain eligible, based 

on the three year rolling average. 

However, if a manufacturer takes steps 

to expand in the U.S. market on a 

permanent basis such that they 

consistently sell more than 5,000 

vehicles per year, they must meet the 

TLAAS standards. EPA believes a 

manufacturer will be able to consider 

these provisions, along with other 

factors, in its planning to significantly 

expand in the U.S. market. 

For manufacturers exceeding the 

5,000 vehicle rolling average through 

mergers or acquisitions of other 

manufacturers, those manufacturers will 

lose eligibility in the MY immediately 

following the last year of the rolling 

average. For manufacturers exceeding 

this level through sales growth, but 

remaining below a 50,000 vehicle 

threshold, the manufacturer will lose 

eligibility for the deferred standards in 

the second model year following the last 

year of the rolling average. For example, 

if the rolling average of MYs 2009–2011 

exceeded 5,000 vehicles but was below 

50,000 vehicles, the manufacturer 

would not be eligible for the deferred 

standards in MY 2013. For 

manufacturers with a 3-year rolling 

average exceeding 50,000 vehicles, the 

manufacturer would lose eligibility in 

the MY immediately following the last 

model year in the rolling average. For 

example, if the rolling average of MYs 

2009–2011 exceeded 50,000 vehicles, 

the manufacturer would not be eligible 

for the deferred standards in MY 2012. 

Such manufacturers may continue to be 

eligible for TLAAS, or the expanded 

TLAAS program, per the provisions 

described above. EPA believes these 

provisions are needed to ensure that the 

SVM deferment remains targeted to true 

small volume manufacturers and does 

not become available to larger 

manufacturers through mergers or 

acquisitions. EPA is including the 

50,000 vehicle criteria to differentiate 

between manufacturers that may slowly 

gain more sales and manufacturers that 

have taken major steps to significantly 

increase their presence in the U.S. 

market, such as by introducing new 

vehicle models. EPA believes 

manufacturers selling more than 50,000 

mstockstill on DSKB9S0YB1PROD with RULES2

Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 25421 

189See final regulations at 40 CFR 86.1818–12(f). 190The global warming potentials (GWP) used in 

this rule are consistent with the Intergovernmental 

Panel on Climate Change (IPCC) Fourth Assessment 

Report (AR4). 

191California Environmental Protection Agency 

Air Resources Board, Staff Report: Initial Statement 

of Reasons for Proposed Rulemaking Public Hearing 

To Consider Adoption of Regulations To Control 

Greenhouse Gas Emissions From Motor Vehicles, 

August 6, 2004. 

192N2O has a GWP of 298 according to the IPCC 

Fourth Assessment Report (AR4). 

193See RIA Chapter 2. 

vehicles should not be able to take 

advantage of the deferment, as they 

should be able to meet the applicable 

TLAAS standards through averaging 

across their larger product line. 

EPA is requiring that potential SVMs 

submit a declaration to EPA containing 

a detailed written description of how 

the manufacturer qualifies as a small 

volume manufacturer. The declaration 

must contain eligibility information 

including MY 2008 and 2009 U.S. sales, 

the last three completed MYs sales 

information, detailed information 

regarding ownership relationships with 

other manufacturers, and 

documentation of efforts to purchase 

credits from other manufacturers. 

Because such manufacturers are not 

automatically exempted from other EPA 

regulations for light-duty vehicles and 

light-duty trucks, entities are subject to 

the greenhouse gas control requirements 

in this program until such a declaration 

has been submitted and approved by 

EPA. The declaration must be submitted 

annually at the time of vehicle 

emissions certification under the EPA 

Tier 2 program, beginning in MY 2012. 

7. Nitrous Oxide and Methane 

Standards 

In addition to fleet-average CO2

standards, as proposed, EPA is 

establishing separate per-vehicle 

standards for nitrous oxide (N2O) and 

methane (CH4) emissions.189 The 

agency’s intention is to set emissions 

standards that act to cap emissions to 

ensure that future vehicles do not 

increase their N2O and CH4 emissions 

above levels typical of today’s vehicles. 

EPA proposed to cap N2O at a level of 

0.010 g/mi and to cap CH4 at a level of 

0.03 g/mi. Both of these compounds are 

more potent contributors to global 

warming than CO2; N2O has a global 

warming potential, or GWP, of 298 and 

CH4 has a GWP of 25.190

EPA received many comments on the 

proposed N2O and CH4 standards. A 

range of stakeholders supported the 

proposed approach of ‘‘cap’’ standards 

and the proposed emission levels, 

including most states and 

environmental organizations that 

addressed this topic, and the 

Manufacturers of Emissions Control 

Association. These commenters stated 

that EPA needs to address all mobile 

GHGs under the Clean Air Act, and N2O 

and CH4 are both more potent 

contributors to global warming than 

CO2. The Center for Biological Diversity 

commented that in light of the potency 

of these GHGs, EPA should develop 

standards which reduce emissions over 

current levels and that EPA had not 

analyzed either the technologies or the 

costs of doing so. EPA discusses these 

comments and our responses below and 

in the Response to Comments 

Document. 

Auto manufacturers generally did not 

support standards for these GHGs, 

stating that the levels of these GHGs 

from current vehicles are too small to 

warrant standards at this time. These 

commenters also stated that if EPA were 

to proceed with ‘‘cap’’ standards, the 

stringency of the proposed levels could 

restrict the introduction of some new 

technologies. Commenters specifically 

raised this concern with the examples of 

diesel and lean-burn gasoline for N2O, 

or natural gas and ethanol fueled 

vehicles for CH4. Only one 

manufacturer, Volkswagen, submitted 

actual test data to support these claims; 

very limited emission data on two 

concept vehicles—a CNG vehicle and a 

flexible-fuel vehicle—indicated 

measured emission levels near or above 

the proposed standards, but included no 

indication of whether any technological 

steps had been taken to reduce 

emissions below the cap levels. Many 

commenters support an approach of 

establishing a CO2-equivalent standard, 

where N2O and CH4 could be averaged 

with CO2 emissions to result in an 

overall CO2-equivalent compliance 

value, similar to the approach California 

has used for its GHG standards 191

Under such an approach, the auto 

industry commenters supported using a 

default value for N2O emissions in lieu 

of a measured test value. Several auto 

manufacturers also had concerns that a 

new requirement to measure N2O would 

require significant equipment and 

facility upgrades and would create 

testing challenges with new 

measurement equipment with which 

they have little experience. 

EPA has considered these comments 

and is finalizing the cap standards for 

N2O and CH4 as proposed. EPA agrees 

with the NGO, State, and other 

commenters that light-duty vehicle 

emissions are small but important 

contributors to the U.S. N2O and CH4

inventories, and that in the absence of 

a limitation, the potential for significant 

emission increases exists with the 

evolution of new vehicle and engine 

technologies. (Indeed, the industry 

commenters concede as much in stating 

that they are contemplating introducing 

vehicle technologies that could result in 

emissions exceeding the cap standard 

levels). EPA also believes that in most 

cases N2O and CH4 emissions from 

light-duty vehicles will remain well 

below the cap standards. Therefore, we 

are setting cap standards for these GHGs 

at the proposed levels. However, as 

described below, the agency is 

incorporating several provisions 

intended to address industry concerns 

about technological feasibility and 

leadtime, including an optional CO2- 

equivalent approach and, for N2O, more 

leadtime before testing will be required 

to demonstrate compliance with the 

emissions standard (in interim, 

manufacturers may certify based on a 

compliance statement based on good 

engineering judgment). 

a. Nitrous Oxide (N2O) Exhaust 

Emission Standard 

As stated above, N2O is a global 

warming gas with a high global warming 

potential.192 It accounts for about 2.3% 

of the current greenhouse gas emissions 

from cars and light trucks.193 EPA is 

setting a per-vehicle N2O emission 

standard of 0.010 g/mi, measured over 

the traditional FTP vehicle laboratory 

test cycles. The standard will become 

effective in model year 2012 for all 

light-duty cars and trucks. The standard 

is designed to prevent increases in N2O 

emissions from current levels; i.e., it is 

a no-backsliding standard. 

N2O is emitted from gasoline and 

diesel vehicles mainly during specific 

catalyst temperature conditions 

conducive to N2O formation. 

Specifically, N2O can be generated 

during periods of emission hardware 

warm-up when rising catalyst 

temperatures pass through the 

temperature window when N2O 

formation potential is possible. For 

current Tier 2 compatible gasoline 

engines with conventional three-way 

catalyst technology, N2O is not generally 

produced in significant amounts 

because the time the catalyst spends at 

the critical temperatures during warmup is short. This is largely due to the 

need to quickly reach the higher 

temperatures necessary for high catalyst 

efficiency to achieve emission 

compliance for criteria pollutants. As 

several auto manufacturer comments 

noted, N2O is a more significant concern 

with diesel vehicles, and potentially 

future gasoline lean-burn engines, 

equipped with advanced catalytic NOX

mstockstill on DSKB9S0YB1PROD with RULES2

25422 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 

194Memo to docket ‘‘Derivation of Proposed N2O 

and CH4 Cap Standards,’’ Tad Wysor, EPA, 

November 19, 2009. Docket EPA–HQ–OAR–2009– 

0472–6801. 195Memo to docket ‘‘EPA NVFEL N2O Test Data,’’ 

Tony Fernandez, EPA. 

196California Environmental Protection Agency 

Air Resources Board, Staff Report: Initial Statement 

of Reasons for Proposed Rulemaking Public Hearing 

To Consider Adoption of Regulations To Control 

Greenhouse Gas Emissions From Motor Vehicles, 

August 6, 2004. 

197This equation will differ depending upon the 

fuel; see the final regulations for equations for other 

fuels. 

emissions control systems. In the 

absence of N2O emission standards, 

these systems could be designed in a 

way that emphasizes efficient NOX

control while at the same time allowing 

the formation of significant quantities of 

N2O. Excess oxygen present in the 

exhaust during lean-burn conditions in 

diesel or lean-burn gasoline engines 

equipped with these advanced systems 

can favor N2O formation if catalyst 

temperatures are not carefully 

controlled. Without specific attention to 

controlling N2O emissions in the 

development of such new NOX control 

systems, vehicles could have N2O 

emissions many times greater than are 

emitted by current gasoline vehicles. 

EPA is setting an N2O emission 

standard that the agency believes will be 

met by current-technology gasoline 

vehicles at essentially no cost. As just 

noted, N2O formation in current catalyst 

systems occurs, but the emission levels 

are relatively low, because the time the 

catalyst spends at the critical 

temperatures during warm-up when 

N2O can form is short. At the same time, 

EPA believes that the standard will 

ensure that the design of advanced NOX

control systems, especially for future 

diesel and lean-burn gasoline vehicles, 

will control N2O emission levels. While 

current NOX control approaches used on 

current Tier 2 diesel vehicles do not 

tend to favor the formation of N2O 

emissions, EPA believes that this N2O 

standard will discourage new emission 

control designs that achieve criteria 

emissions compliance at the cost of 

increased N2O emissions. Thus, the 

standard will cap N2O emission levels, 

with the expectation that current 

gasoline and diesel vehicle control 

approaches that comply with the Tier 2 

vehicle emission standards for NOX will 

not increase their emission levels, and 

that the cap will ensure that future 

vehicle designs will be appropriately 

controlled for N2O emissions. 

The level of the N2O standard is 

approximately two times the average 

N2O level of current gasoline passenger 

cars and light-duty trucks that meet the 

Tier 2 NOX standards. EPA has not 

previously regulated N2O emissions, 

and available data on current vehicles is 

limited. However, EPA derived the 

standard from a combination of 

emission factor values used in modeling 

light duty vehicle emissions and limited 

recent EPA test data.194 195 Because the 

standard represents a level 100 percent 

higher than the average current N2O 

level, we continue to believe that most 

if not all Tier 2 compliant gasoline and 

diesel vehicles will easily be able to 

meet the standards. Manufacturers 

typically use design targets for NOX

emission levels of about 50% of the 

standard, to account for in-use 

emissions deterioration and normal 

testing and production variability, and 

EPA expects that manufacturers will use 

a similar approach for N2O emission 

compliance. EPA did not propose and is 

not finalizing a more stringent standard 

for current vehicles because we believe 

that the stringent Tier 2 program and the 

associated NOX fleet average 

requirement already result in significant 

N2O control, and the agency does not 

expect current N2O levels to rise for 

these vehicles. Moreover, EPA believes 

that the CO2 standards will be 

challenging for the industry and that 

these standards should be the industry’s 

chief focus in this first phase of 

vehicular GHG emission controls. See 

Massachusetts v. EPA, 549 U.S. at 533 

(EPA has significant discretion as to 

timing of GHG regulations); see also 

Sierra Club v. EPA, 325 F. 3d 374, 379 

(DC Cir. 2003) (upholding antibacksliding standards for air toxics 

under technology-forcing section 202 (l) 

because it is reasonable for EPA to 

assess the effects of its other regulations 

on the motor vehicle sector before 

aggressively regulating emissions of 

toxic vehicular air pollutants. 

Diesel cars and light trucks with 

advanced emission control technology 

are in the early stages of development 

and commercialization. As this segment 

of the vehicle market develops, the N2O 

standard will likely require these 

manufacturers to incorporate control 

strategies that minimize N2O formation. 

Available approaches include using 

electronic controls to limit catalyst 

conditions that might favor N2O 

formation and consider different 

catalyst formulations. While some of 

these approaches may have modest 

associated costs, EPA believes that they 

will be small compared to the overall 

costs of the advanced NOX control 

technologies already required to meet 

Tier 2 standards. 

In the proposal, EPA sought comment 

on an approach of expressing N2O and 

CH4 in common terms of CO2-equivalent 

emissions and combining them into a 

single standard along with CO2

emissions. 74 FR at 49524. California’s 

‘‘Pavley’’ program adopted such a CO2- 

equivalent emissions standards 

approach to GHG emissions.196 EPA was 

primarily concerned that such an 

approach could undermine the 

stringency of the CO2 standards, as the 

proposed standards were designed to 

‘‘cap’’ N2O and CH4 emissions, rather 

than reflecting a level either that is the 

industry fleet-wide average or that 

would effect reductions in these GHGs. 

As noted above, several auto 

manufacturers expressed interest in 

such a CO2-equivalent approach, due to 

concerns that the caps could be limiting 

for some advanced technology vehicles. 

While we continue to believe that the 

vast majority of light-duty vehicles will 

be able to easily meet the standards, we 

acknowledge that advanced diesel or 

lean-burn gasoline vehicles of the future 

may face slightly greater challenges. 

Therefore, after considering these 

comments, EPA is finalizing an optional 

compliance approach to provide 

flexibility for any advanced 

technologies that may have challenges 

in meeting the N2O or CH4 cap 

standards. 

In lieu of complying with the separate 

N2O and CH4 cap standards, a 

manufacturer may choose to comply 

with a CO2-equivalent standard. A 

manufacturer choosing this option will 

convert its N2O and CH4 test results (or, 

as described below, a default N2O value 

for MY 2012–2014) into CO2-equivalent 

values and add this sum to their CO2

emissions. This CO2-equivalent value 

will still need to comply with the 

manufacturer’s footprint-based CO2

target level. In other words, a 

manufacturer could offset any N2O 

emissions (or any CH4 emissions) by 

taking steps to further reduce CO2. A 

manufacturer choosing this option will 

need to apply this approach to all of the 

test groups in its fleet. This approach is 

more environmentally protective overall 

than the cap standard approach, since 

the manufacturer will need to reduce its 

CO2 emissions to offset the higher N2O 

(or CH4) levels, but will not be allowed 

to increase CO2 above its footprint target 

level by reducing N2O (or CH4). 

The compliance level in g/mi for the 

optional CO2-equivalent approach for 

gasoline vehicles is calculated as CO2 + 

(CWF/0.273 × NMHC) + (1.571 × CO) + 

(298 × N2O) + (25 × CH4).197 The N2O 

and CH4 values are the measured 

emission values for these GHGs, except 

N2O in model years 2012 through 2014. 

For these model years, manufacturers 

may use a default N2O value of 0.010 

mstockstill on DSKB9S0YB1PROD with RULES2

Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 25423 

198CH4 has a GWP of 25 according to the IPCC 

Fourth Assessment Report (AR4). 

199See RIA Chapter 2. 

200But see Ford Motor Co. v. EPA, 604 F. 2d 685 

(D.C. Cir. 1979) (permissible for EPA to regulate 

CH4 under CAA section 202(b)). 

g/mi, the same value as the N2O cap 

standard. For MY 2015 and later, the 

manufacturer would need to provide 

actual test data on the emission data 

vehicle for each test group. (That is, N2O 

data would not be required for each 

model type, since EPA believes that 

there will likely be little N2O variability 

among model types within a test group.) 

EPA believes that its selection of 0.010 

g/mi as the N2O default value is an 

appropriately protective level, on the 

high end of current technologies, as 

further discussed below. Consistent 

with the other elements of the equation, 

N2O and CH4 must be included at full 

useful life deteriorated values. This 

requires testing using the highway test 

cycle in addition to the FTP during the 

manufacturer’s deterioration factor (DF) 

development program. However, EPA 

recognizes that manufacturers may not 

be able to develop DFs for N2O and CH4

for all their vehicles in the 2012 model 

year, and thus EPA is allowing the use 

of alternative values through the 2014 

model year. For N2O the alternative 

value is the DF developed for NOX

emissions, and for CH4 the alternative 

value is the DF developed for NMOG 

emissions. Finally, for manufacturers 

using this option, the CO2-equivalent 

emission level would also be the basis 

for any credits that the manufacturer 

might generate. 

Manufacturers expressed concerns 

about their ability to acquire and install 

N2O analytical equipment. However, the 

agency continues to believe that such 

burdens, while not trivial, will also not 

be excessive. While many 

manufacturers do not appear to have 

invested yet in adding N2O 

measurement equipment to their test 

facilities, EPA is not aware of any 

information to indicate that that 

suppliers will have difficulty providing 

sufficient hardware, or that such 

equipment is unusually expensive or 

complex compared to existing 

measurement hardware. EPA allows 

N2O measurement using any of four 

methods, all of which are commercially 

available today. The costs of 

certification and other indirect costs of 

this rule are accounted for in the 

Indirect Cost Multipliers, discussed in 

Section III.H below. 

Still, given the short lead-time for this 

rule and the newness of N2O testing to 

this industry, EPA proposed that 

manufacturers be able to apply for a 

certificate of conformity with the N2O 

standard for model year 2012 provided 

that they supply a compliance statement 

based on good engineering judgment. 

Under the proposal, beginning in MY 

2013, manufacturers would have needed 

to base certification on actual N2O 

testing data. This approach was 

intended to reasonably ensure that the 

emission standards are being met, while 

allowing manufacturers lead-time to 

purchase new N2O emissions 

measurement equipment, modify 

certification test facilities, and begin 

N2O testing. After consideration of the 

comments, EPA agrees with 

manufacturers that one year of 

additional lead-time to begin actual N2O 

measurement across their vehicle fleets 

may still be insufficient for 

manufacturers to efficiently make the 

necessary facility changes and 

equipment purchases. Therefore, EPA is 

extending the ability to certify based on 

a compliance statement for two 

additional years, through model year 

2014. For 2015 and later model years, 

manufacturers will need to submit 

measurements of N2O for compliance 

purposes. 

b. Methane (CH4) Exhaust Emission 

Standard 

Methane (CH4) is a greenhouse gas 

with a high global warming potential.198

It accounts for about 0.2% of the 

greenhouse gases from cars and light 

trucks.199

EPA is setting a CH4 emission 

standard of 0.030 g/mi as measured on 

the FTP, to apply beginning with model 

year 2012 for both cars and trucks. EPA 

believes that this level for the standard 

will be met by current gasoline and 

diesel vehicles, and will prevent large 

increases in future CH4 emissions. This 

is particularly a concern in the event 

that alternative fueled vehicles with 

high methane emissions, like some past 

dedicated compressed natural gas (CNG) 

vehicles and some flexible-fueled 

vehicles when operated on E85 fuel, 

become a significant part of the vehicle 

fleet. Currently EPA does not have 

separate CH4 standards because unlike 

other hydrocarbons it does not 

contribute significantly to ozone 

formation.200 However, CH4 emissions 

levels in the gasoline and diesel car and 

light truck fleet have nevertheless 

generally been controlled by the Tier 2 

standards for non-methane organic gases 

(NMOG). However, without an emission 

standard for CH4, there is no guarantee 

that future emission levels of CH4 will 

remain at current levels as vehicle 

technologies and fuels evolve. 

The standard will cap CH4 emission 

levels, with the expectation that 

emissions levels of current gasoline and 

diesel vehicles meeting the Tier 2 

emission standards will not increase. 

The level of the standard will generally 

be achievable for typical vehicles 

through normal emission control 

methods already required to meet the 

Tier 2 emission standards for NMOG. 

Also, since CH4 is already measured 

under the current Tier 2 regulations (so 

that it may be subtracted to calculate 

non-methane hydrocarbons), we believe 

that the standard will not result in any 

additional testing costs. Therefore, EPA 

is not attributing any costs to this part 

of this program. Since CH4 is produced 

during fuel combustion in gasoline and 

diesel engines similarly to other 

hydrocarbon components, controls 

targeted at reducing overall NMOG 

levels are generally also effective in 

reducing CH4 emissions. Therefore, for 

typical gasoline and diesel vehicles, 

manufacturer strategies to comply with 

the Tier 2 NMOG standards have to date 

tended to prevent increases in CH4

emissions levels. The CH4 standard will 

ensure that emissions will be addressed 

if in the future there are increases in the 

use of natural gas or other alternative 

fuels or technologies that may result in 

higher CH4 emissions. 

As with the N2O standard, EPA is 

setting the level of the CH4 standard to 

be approximately two times the level of 

average CH4 emissions from Tier 2 

gasoline passenger cars and light-duty 

trucks. EPA believes the standard will 

easily be met by current gasoline 

vehicles, and that flexible fuel vehicles 

operating on ethanol can be designed to 

resolve any potential CH4 emissions 

concerns. Similarly, since current diesel 

vehicles generally have even lower CH4

emissions than gasoline vehicles, EPA 

believes that diesels will also meet the 

CH4 standard. However, EPA also 

believes that to set a CH4 emission 

standard more stringent than the 

proposed standard could effectively 

make the Tier 2 NMOG standard more 

stringent and is inappropriate for that 

reason (and untimely as well, given the 

challenge of meeting the CO2 standards, 

as noted above). 

Some CNG-fueled vehicles have 

historically produced significantly 

higher CH4 emissions than gasoline or 

diesel vehicles. This is because CNG 

fuel is essentially methane and any 

unburned fuel that escapes combustion 

and is not oxidized by the catalyst is 

emitted as methane. However, in recent 

model years, the few dedicated CNG 

vehicles sold in the U.S. meeting the 

Tier 2 standards have had CH4 control 

as effective as that of gasoline or diesel 

vehicles. Still, even if these vehicles 

meet the Tier 2 NMOG standard and 

appear to have effective CH4 control by 

mstockstill on DSKB9S0YB1PROD with RULES2

25424 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 

201See final regulations at 40 CFR 86.1801–12(j). 

nature of the NMOG controls, Tier 2 

standards do not require CH4 control. 

Although EPA believes that in most 

cases that the CH4 cap standard should 

not require any different emission 

control designs beyond what is already 

required to meet Tier 2 NMOG 

standards on a dedicated CNG vehicle, 

the cap will ensure that systems 

maintain the current level of CH4

control. 

Some manufacturers have also 

expressed some concerns about CH4

emissions from flexible-fueled vehicles 

operating on E85 (85% ethanol, 15% 

gasoline). However, we are not aware of 

any information that would indicate 

that if engine-out CH4 proves to be 

higher than for a typical gasoline 

vehicle, that such emissions could not 

be managed by reasonably available 

control strategies (perhaps similar to 

those used in dedicated CNG vehicles). 

As described above, in response to the 

comments, EPA will also allow 

manufacturers to choose to comply with 

a CO2-equivalent standard in lieu of 

complying with a separate CH4 cap 

standard. A manufacturer choosing this 

option would convert its N2O and CH4

test results into CO2-equivalent values 

(using the respective GWP values), and 

would then compare this value to the 

manufacturer’s footprint-based CO2

target level to determine compliance. 

However, as with N2O, this approach 

will not permit a manufacturer to 

increase its CO2 by reducing CH4; the 

company’s footprint-based CO2 target 

level would remain the same. 

8. Small Entity Exemption 

As proposed, EPA is exempting from 

GHG emissions standards small entities 

meeting the Small Business 

Administration (SBA) size criteria of a 

small business as described in 13 CFR 

121.201.201 EPA will instead consider 

appropriate GHG standards for these 

entities as part of a future regulatory 

action. This includes both U.S.-based 

and foreign small entities in three 

distinct categories of businesses for 

light-duty vehicles: small volume 

manufacturers, independent commercial 

importers (ICIs), and alternative fuel 

vehicle converters. 

EPA has identified about 13 entities 

that fit the Small Business 

Administration (SBA) size criterion of a 

small business. EPA estimates there 

currently are approximately two small 

volume manufacturers, eight ICIs, and 

three alternative fuel vehicle converters 

in the light-duty vehicle market. Further 

detail is provided in Section III.I.3, 

below. EPA estimates that these small 

entities comprise less than 0.1 percent 

of the total light-duty vehicle sales in 

the U.S., and therefore the exemption 

will have a negligible impact on the 

GHG emissions reductions from the 

standards. 

To ensure that EPA is aware of which 

companies would be exempt, EPA 

proposed to require that such entities 

submit a declaration to EPA containing 

a detailed written description of how 

that manufacturer qualifies as a small 

entity under the provisions of 13 CFR 

121.201. EPA has reconsidered the need 

for this additional submission under the 

regulations and is deleting it as not 

necessary. We already have information 

on the limited number of small entities 

that we expect would receive the 

benefits of the exemption, and do not 

need the proposed regulatory 

requirement to be able to effectively 

implement this exemption for those 

parties who in fact meet its terms. Small 

entities are currently covered by a 

number of EPA motor vehicle emission 

regulations, and they routinely submit 

information and data on an annual basis 

as part of their compliance 

responsibilities. 

EPA did not receive adverse 

comments regarding the proposed small 

entity exemption. EPA received 

comments concerning whether or not 

the small entity exemption applies to 

foreign manufacturers. EPA clarifies that 

foreign manufacturers meeting the SBA 

size criteria are eligible for the 

exemption, as was EPA’s intent during 

the proposal. 

C. Additional Credit Opportunities for 

CO2 Fleet Average Program 

The final standards represent a 

significant multi-year challenge for 

manufacturers, especially in the early 

years of the program. Section III.B.4 

above describes EPA’s provisions for 

manufacturers to be able to generate 

credits by achieving fleet average CO2

emissions below their fleet average 

standard, and also how manufacturers 

can use credits to comply with the 

standards. As described in Section 

III.B.4, credits can be carried forward 

five years, carried back three years, 

transferred between vehicle categories, 

and traded between manufacturers. The 

credits provisions described below 

provide manufacturers with additional 

ways to earn credits starting in MY 

2012. EPA is also including early credits 

provisions for the 2009–2011 model 

years, as described below in Section 

III.C.5. 

The provisions described below 

provide additional flexibility, especially 

in the early years of the program. This 

helps to address issues of lead-time or 

technical feasibility for various 

manufacturers and in several cases 

provides an incentive for promotion of 

technology pathways that warrant 

further development. EPA is finalizing a 

variety of credit opportunities because 

manufacturers are not likely to be in a 

position to use every credit provision. 

EPA expects that manufacturers are 

likely to select the credit opportunities 

that best fit their future plans. 

EPA believes it is critical that 

manufacturers have options to ease the 

transition to the final MY 2016 

standards. At the same time, EPA 

believes these credit programs must be 

and are designed in a way to ensure that 

they achieve emission reductions that 

achieve real-world reductions over the 

full useful life of the vehicle (or, in the 

case of FFV credits and Advanced 

Technology incentives, to incentivize 

the introduction of those vehicle 

technologies) and are verifiable. In 

addition, EPA believes that these credit 

programs do not provide an opportunity 

for manufacturers to earn ‘‘windfall’’ 

credits. Comments on the proposed EPA 

credit programs are summarized below 

along with EPA’s response, and are 

detailed in the Response to Comments 

document. 

1. Air Conditioning Related Credits 

Manufacturers will be able to generate 

and use credits for improved air 

conditioner (A/C) systems in complying 

with the CO2 fleetwide average 

standards described above (or otherwise 

to be able to bank or trade the credits). 

EPA expects that most manufacturers 

will choose to utilize the A/C provisions 

as part of its compliance demonstration 

(and for this reason cost of compliance 

with A/C related emission reductions 

are assumed in the cost analysis). The 

A/C provisions are structured as credits, 

unlike the CO2 standards for which 

manufacturers will demonstrate 

compliance using 2-cycle (city/highway) 

tests (see Sections III.B and III.E.). Those 

tests do not measure either A/C leakage 

or tailpipe CO2 emissions attributable to 

A/C load. Thus, it is a manufacturer’s 

option to include A/C GHG emission 

reductions as an aspect of its 

compliance demonstration. Since this is 

an elective alternative, EPA is referring 

to the A/C part of the rule as a credit. 

EPA estimates that direct A/C GHG 

emissions—emissions due to the leakage 

of the hydrofluorocarbon refrigerant in 

common use today—account for 5.1% of 

CO2-equivalent GHGs from light-duty 

cars and trucks. This includes the direct 

leakage of refrigerant as well as the 

subsequent leakage associated with 

maintenance and servicing, and with 

disposal at the end of the vehicle’s life. 

mstockstill on DSKB9S0YB1PROD with RULES2

Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 25425 

202See Chapter 2, Section 2.2.1.2 of the RIA. 

203The global warming potentials (GWP) used in 

this rule are consistent with Intergovernmental 

Panel on Climate Change (IPCC) Fourth Assessment 

Report (AR4). (At this time, the IPCC Second 

Assessment Report (SAR) GWP values are used in 

the official U.S. greenhouse gas inventory 

submission to the climate change framework.) 

204Refrigerant emissions during maintenance and 

at the end of the vehicle’s life (as well as emissions 

during the initial charging of the system with 

refrigerant) are also addressed by the CAA Title VI 

stratospheric ozone program, as described below. 

205We chose not to address changes to the weight 

of the A/C system, since the issue of CO2 emissions 

from the fuel consumption of normal (non-A/C) 

operation, including basic vehicle weight, is 

inherently addressed by the primary CO2 standards 

(Section III.B above). 

206Honeywell and Volvo supported this view; 

most other commenters did not. 

207However, there is a correlation in the fleet 

between J2763 measurements and J2727 scores. 

The emissions that are associated with 

leakage reductions are the direct leakage 

and the leakage associated with 

maintenance and servicing. Together 

these are equivalent to CO2 emissions of 

approximately 13.6 g/mi per car and 

light-truck. EPA also estimates that 

indirect GHG emissions (additional CO2

emitted due to the load of the A/C 

system on the engine) account for 

another 3.9% of light-duty GHG 

emissions.202 This is equivalent to CO2

emissions of approximately 14.2 g/mi 

per vehicle. The derivation of these 

figures can be found in Chapter 2.2 of 

the EPA RIA. 

EPA believes that it is important to 

address A/C direct and indirect 

emissions because the technologies that 

manufacturers will employ to reduce 

vehicle exhaust CO2 will have little or 

no impact on A/C related emissions. 

Without addressing A/C related 

emissions, as vehicles become more 

efficient, the A/C related contribution 

will become a much larger portion of 

the overall vehicle GHG emissions. 

Over 95% of the new cars and light 

trucks in the United States are equipped 

with A/C systems and, as noted, there 

are two mechanisms by which A/C 

systems contribute to the emissions of 

greenhouse gases: Through leakage of 

refrigerant into the atmosphere and 

through the consumption of fuel to 

provide mechanical power to the A/C 

system. With leakage, it is the high 

global warming potential (GWP) of the 

current automotive refrigerant (HFC– 

134a, with a GWP of 1430) that results 

in the CO2-equivalent impact of 13.6 

g/mi.203 Due to the high GWP of this 

HFC, a small leakage of the refrigerant 

has a much greater global warming 

impact than a similar amount of 

emissions of CO2 or other mobile source 

GHGs. Manufacturers can reduce A/C 

leakage emissions by using leak-tight 

components. Also, manufacturers can 

largely eliminate the global warming 

impact of leakage emissions by adopting 

systems that use an alternative, lowGWP refrigerant, as discussed below.204

The A/C system also contributes to 

increased CO2 emissions through the 

additional work required to operate the 

compressor, fans, and blowers. This 

additional work typically is provided 

through the engine’s crankshaft, and 

delivered via belt drive to the alternator 

(which provides electric energy for 

powering the fans and blowers) and the 

A/C compressor (which pressurizes the 

refrigerant during A/C operation). The 

additional fuel used to supply the 

power through the crankshaft necessary 

to operate the A/C system is converted 

into CO2 by the engine during 

combustion. This incremental CO2

produced from A/C operation can thus 

be reduced by increasing the overall 

efficiency of the vehicle’s A/C system, 

which in turn will reduce the additional 

load on the engine from A/C 

operation.205

Manufacturers can make very feasible 

improvements to their A/C systems to 

address A/C system leakage and 

efficiency. EPA is finalizing two 

separate credit approaches to address 

leakage reductions and efficiency 

improvements independently. A leakage 

reduction credit will take into account 

the various technologies that could be 

used to reduce the GHG impact of 

refrigerant leakage, including the use of 

an alternative refrigerant with a lower 

GWP. An efficiency improvement credit 

will account for the various types of 

hardware and control of that hardware 

available to increase the A/C system 

efficiency. For purposes of use of A/C 

credits at certification, manufacturers 

will be required to attest to the 

durability of the leakage reduction and 

the efficiency improvement 

technologies over the full useful life of 

the vehicle. 

EPA believes that both reducing A/C 

system leakage and increasing efficiency 

are highly cost-effective and 

technologically feasible. EPA expects 

most manufacturers will choose to use 

these A/C credit provisions, although 

some may not find it necessary to do so. 

a. A/C Leakage Credits 

The refrigerant used in vehicle A/C 

systems can get into the atmosphere by 

many different means. These refrigerant 

emissions occur from the slow leakage 

over time that all closed high pressure 

systems will experience. Refrigerant loss 

occurs from permeation through hoses 

and leakage at connectors and other 

parts where the containment of the 

system is compromised. The rate of 

leakage can increase due to 

deterioration of parts and connections 

as well. In addition, there are emissions 

that occur during accidents and 

maintenance and servicing events. 

Finally, there are end-of-life emissions 

if, at the time of vehicle scrappage, 

refrigerant is not fully recovered. 

Because the process of refrigerant 

leakage has similar root causes as those 

that cause fuel evaporative emissions 

from the fuel system, some of the 

emission control technologies are 

similar (including hose materials and 

connections). There are, however, some 

fundamental differences between the 

systems that require a different 

approach, both to controlling and to 

documenting that control. The most 

notable difference is that A/C systems 

are completely closed systems and 

always under significant pressure, 

whereas the fuel system is not. Fuel 

systems are meant to be refilled as 

liquid fuel is consumed by the engine, 

while the A/C system ideally should 

never require ‘‘recharging’’ of the 

contained refrigerant. Thus it is critical 

that the A/C system leakages be kept to 

an absolute minimum. As a result, these 

emissions are typically too low to 

accurately measure in most current 

SHED chambers designed for fuel 

evaporative emissions measurement, 

especially for A/C systems that are new 

or early in life. 

A few commenters suggested that we 

allow manufacturers, as an option, to 

use an industry-developed ‘‘mini-shed’’ 

test procedure (SAE J2763—Test 

Procedure for Determining Refrigerant 

Emissions from Mobile Air 

Conditioning Systems) to measure and 

report annual refrigerant leakage.206

However, while EPA generally prefers 

performance testing, for an individual 

vehicle A/C system or component, there 

is not a strong inherent correlation 

between a performance test using SAE 

J2763 and the design-based approach we 

are adopting (based on SAE J2727, as 

discussed below).207 Establishing such a 

correlation would require testing of a 

fairly broad range of current-technology 

systems in order to establish the effects 

of such factors as production variability 

and assembly practices (which are 

included in J2727 scores, but not in 

J2763 measurements). To EPA’s 

knowledge, such a correlation study has 

not been done. At the same time, as 

discussed below, there are indications 

that much of the industry will 

eventually be moving toward alternative 

refrigerants with very low GWPs. EPA 

believes such a transition would 

diminish the value of any correlation 

mstockstill on DSKB9S0YB1PROD with RULES2

25426 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 

208See final regulations at 40 CFR 86.1866–12(b). 

209Team 1–Refrigerant Leakage Reduction: Final 

Report to Sponsors, SAE, 2007. 

210The Minnesota refrigerant leakage data can be 

found at http://www.pca.state.mn.us/ 

climatechange/mobileair.html#leakdata. 

studies that might be done to confirm 

the appropriateness of the SAE J2763 

procedure as an option in this rule. For 

these reasons, EPA is therefore not 

adopting such an optional direct 

measurement approach to addressing 

refrigerant leakage at this time. 

Instead, as proposed, EPA is adopting 

a design-based method for 

manufacturers to demonstrate 

improvements in their A/C systems and 

components.208 Manufacturers 

implementing system designs expected 

to result in reduced refrigerant leakage 

will be eligible for credits that could 

then be used to meet their CO2 emission 

compliance requirements (or otherwise 

banked or traded). The A/C Leakage 

Credit provisions will generally assign 

larger credits to system designs that 

would result in greater leakage 

reductions. In addition, proportionately 

larger A/C Leakage Credits will be 

available to manufacturers that 

substitute a refrigerant with lower GWP 

than the current HFC–134a refrigerant. 

Our method for calculating A/C 

Leakage Credits is based closely 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 approach, manufacturers will 

choose from a menu of A/C equipment 

and components used in their vehicles 

in order to establish leakage scores 

which will characterize their A/C 

system leakage performance. Credits 

will be generated from leakage 

reduction improvements that exceed 

average fleetwide leakage rates. 

EPA believes that the design-based 

approach will result in estimates of 

leakage emissions reductions that will 

be comparable to those that will 

eventually result from performancebased testing. We believe that this 

method appropriately approximates the 

real-world leakage rates for the expected 

MY 2012–2016 A/C systems. 

The cooperative industry and 

government Improved Mobile Air 

Conditioning (IMAC) program 209 has 

demonstrated that new-vehicle leakage 

emissions can be reduced by 50%. This 

program has shown that this level of 

improvement can be accomplished by 

reducing the number and improving the 

quality of the components, fittings, 

seals, and hoses of the A/C system. All 

of these technologies are already in 

commercial use and exist on some of 

today’s systems. 

As proposed, a manufacturer wishing 

to generate A/C Leakage Credits will 

compare the components of its A/C 

system with a set of leakage-reduction 

technologies and actions based closely 

on that developed through IMAC and 

the Society of Automotive Engineers (as 

SAE Surface Vehicle Standard J2727, 

August 2008 version). The J2727 

approach was developed from 

laboratory testing of a variety of A/C 

related components, and EPA believes 

that the J2727 leakage scoring system 

generally represents a reasonable 

correlation with average real-world 

leakage in new vehicles. The EPA credit 

approach addresses the same A/C 

components as does SAE J2727 and 

associates each component with the 

same gram-per-year leakage rate as the 

SAE method, although, as described 

below, EPA limits the credits allowed 

and also modifies it for other factors 

such as alternative refrigerants. 

A manufacturer choosing to generate 

A/C Leakage Credits will sum the 

leakage values for an A/C system for a 

total A/C leakage score according to the 

following formula. Because the primary 

GHG program standards are expressed 

in terms of vehicle exhaust CO2

emissions as measured in grams per 

mile, the credits programs adopted in 

this rule, including A/C related credits, 

must ultimately be converted to a 

common metric for proper calculation of 

credits toward compliance with the 

primary vehicle standards. This formula 

describes the conversion of the gramsper-year leakage score to a grams-permile CO2eq value, taking vehicle miles 

traveled (VMT) and the GWP of the 

refrigerant into account: 

A/C Leakage Credit = (MaxCredit) * 

[1¥(LeakScore/AvgImpact) * 

(GWPRefrigerant/1430)] 

Where: 

MaxCredit is 12.6 and 15.6 g/mi CO2eq for 

cars and trucks, respectively. These 

values become 13.8 and 17.2 for cars and 

trucks, respectively, if low-GWP 

refrigerants are used, since this would 

generate additional credits from reducing 

emissions during maintenance events, 

accidents, and at end-of-life. 

LeakScore is the leakage score of the A/C 

system as measured according to the 

EPA leakage method (based on the J2727 

procedure, as discussed above) in units 

of g/yr. The minimum score that EPA 

considers feasible is fixed at 8.3 and 10.4 

g/yr for cars and trucks respectively (4.1 

and 5.2 g/yr for systems using electric 

A/C compressors) as discussed below. 

Avg Impact is the average current A/C 

leakage emission rate, which is 16.6 and 

20.7 g/yr for cars and trucks, 

respectively. 

GWPRefrigerant is the global warming 

potential (GWP) for direct radiative 

forcing of the refrigerant. For purposes of 

this rule, the GWP of HFC–134a is 1430, 

the GWP of HFC–152a is 124, the GWP 

of HFO–1234yf is 4, and the GWP of CO2

as a refrigerant is 1. 

The EPA Final RIA elaborates further 

on the development of each of the 

values incorporated in the A/C Leakage 

Credit formula above, as summarized 

here. First, as proposed, EPA estimates 

that leakage emission rates for systems 

using the current refrigerant (HFC–134a) 

could be feasibly reduced to rates no 

less than 50% of current rates—or 8.3 

and 10.4 g/yr for cars and trucks, 

respectively—based on the conclusions 

of the IMAC study as well as 

consideration of refrigerant emissions 

over the full life of the vehicle. 

Also, some commenters noted that 

A/C compressors powered by electric 

motors (e.g. as used today in several 

hybrid vehicle models) were not 

included in the IMAC study and yet 

allow for leakage emission rate 

reductions beyond EPA’s estimates for 

systems with conventional belt-driven 

compressors. EPA agrees with these 

comments, and we have incorporated 

lower minimum emission rates into the 

formula above—4.1 and 5.2 g/yr for cars 

and trucks, respectively—in order to 

allow additional leakage reduction 

credits for vehicles that use sealed 

electric A/C compressors. The 

maximum available credits for these two 

approaches are summarized in Table 

III.C.1–1 below. 

AIAM commented that EPA should 

not set a lower limit on the leakage 

score, even for non-electric 

compressors. EPA has determined not to 

do so. First, although there do exist 

vehicles in the Minnesota data with 

lower scores than our proposed (and 

now final) minimum scores, there are 

very few car models that have scores 

less than 8.3, and these range from 7.0 

to about 8.0 and the difference are small 

compared to our minimum score.210

More important, lowering the leakage 

limit would necessarily increase credit 

opportunities for equipment design 

changes, and EPA believes that these 

changes could discourage the 

environmentally optimal result of using 

low GWP refrigerants. Introduction of 

low GWP refrigerants could be 

discouraged because it may be less 

costly to reduce leakage than to replace 

many of the A/C system components. 

Moreover, due to the likelihood of inuse factors, even a leakless (according to 

mstockstill on DSKB9S0YB1PROD with RULES2

Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 25427 

211See final regulations at 40 CFR 86.1866–12(c). 

J2727) R134a system will have some 

emissions due to manufacturing 

variability, accidents, deterioration, 

maintenance, and end of life emissions, 

a further reason to cap the amount of 

credits available through equipment 

design. The only way to guarantee a 

near zero emission system in-use is to 

use a low GWP refrigerant. The EPA has 

therefore decided for the purposes of 

this final rule to not change the 

minimum score for belt driven 

compressors due to the reason cited 

above and to the otherwise 

overwhelming support for the program 

as proposed from commenters. 

In addition, as discussed above, EPA 

recognizes that substituting a refrigerant 

with a significantly lower GWP will be 

a very effective way to reduce the 

impact of all forms of refrigerant 

emissions, including maintenance, 

accidents, and vehicle scrappage. To 

address future GHG regulations in 

Europe and California, systems using 

alternative refrigerants—including 

HFO1234yf, with a GWP of 4 and CO2

with a GWP of 1—are under serious 

development and have been 

demonstrated in prototypes by A/C 

component suppliers. The European 

Union has enacted regulations phasing 

in alternative refrigerants with GWP less 

than 150 starting this year, and the State 

of California proposed providing credits 

for alternative refrigerant use in its GHG 

rule. Within the timeframe of MYs 

2012–2016, EPA is not expecting 

widespread use of low-GWP 

refrigerants. However, EPA believes that 

these developments are promising, and, 

as proposed, has included in the A/C 

Leakage Credit formula above a factor to 

account for the effective GHG 

reductions that could be expected from 

refrigerant substitution. The A/C 

Leakage Credits that will be available 

will be a function of the GWP of the 

alternative refrigerant, with the largest 

credits being available for refrigerants 

with GWPs at or approaching a value of 

1. For a hypothetical alternative 

refrigerant with a GWP of 1 (e.g., CO2 as 

a refrigerant), effectively eliminating 

leakage as a GHG concern, our credit 

calculation method could result in 

maximum credits equal to total average 

emissions, or credits of 13.8 and 17.2 

g/mi CO2eq for cars and trucks, 

respectively, as incorporated into the 

A/C Leakage Credit formula above as the 

‘‘MaxCredit’’ term. 

Table III.C.1–1 summarizes the 

maximum A/C leakage credits available 

to a manufacturer, according to the 

formula above. 

TABLE III.C.1–1—MAXIMUM LEAKAGE CREDIT AVAILABLE TO MANUFACTURERS

Car (g/mi) Truck (g/mi) 

R–134a refrigerant with belt-driven compressor ......................................................................................... 6.3 7.8 

R–134a refrigerant with electric motor-driven compressor ......................................................................... 9.5 11.7 

Lowest-GWP refrigerant (GWP=1) .............................................................................................................. 13.8 17.2 

It is possible that alternative 

refrigerants could, without 

compensating action by the 

manufacturer, reduce the efficiency of 

the A/C system (see related discussion 

of the A/C Efficiency Credit below.) 

However, as noted at proposal and 

discussed further in the following 

section, EPA believes that 

manufacturers will have substantial 

incentives to design their systems to 

maintain the efficiency of the A/C 

system. Therefore EPA is not accounting 

for any potential efficiency degradation 

due to the use of alternative refrigerants. 

Beyond the comments mentioned 

above, commenters generally supported 

or were silent about EPA’s refrigerant 

leakage methodology (as based on SAE 

J2727), including the maximum leakage 

credits available, the technologies 

eligible for credit and their associated 

leakage reduction values, and the 

potential for alternative refrigerants. All 

comments related to A/C credits are 

addressed in the Response to Comments 

Document. 

b. A/C Efficiency Credits 

Manufacturers that make 

improvements in their A/C systems to 

increase efficiency and thus reduce CO2

emissions due to A/C system operation 

may be eligible for A/C Efficiency 

Credits. As with A/C Leakage Credits, 

manufacturers could apply A/C 

Efficiency Credits toward compliance 

with their overall CO2 standards (or 

otherwise bank and trade the credits). 

As mentioned above, EPA estimates 

that the CO2 emissions due to A/C 

related loads on the engine account for 

approximately 3.9% of total greenhouse 

gas emissions from passenger vehicles 

in the United States. Usage of A/C 

systems is inherently higher in hotter 

and more humid months and climates; 

however, vehicle owners may use their 

A/C systems all year round in all parts 

of the nation. For example, people 

commonly use A/C systems to cool and 

dehumidify the cabin air for passenger 

comfort on hot humid days, but they 

also use the systems to de-humidify 

cabin air to assist in defogging/de-icing 

the front windshield and side glass in 

cooler weather conditions for improved 

visibility. A more detailed discussion of 

seasonal and geographical A/C usage 

rates can be found in the RIA. 

Most of the additional load on the 

engine from A/C system operation 

comes from the compressor, which 

pumps the refrigerant around the system 

loop. Significant additional load on the 

engine may also come from electric or 

hydraulic fans, which are used to move 

air across the condenser, and from the 

electric blower, which is used to move 

air across the evaporator and into the 

cabin. Manufacturers have several 

currently-existing technology options 

for improving efficiency, including 

more efficient compressors, fans, and 

motors, and system controls that avoid 

over-chilling the air (and subsequently 

re-heating it to provide the desired air 

temperature with an associated loss of 

efficiency). For vehicles equipped with 

automatic climate-control systems, realtime adjustment of several aspects of the 

overall system (such as engaging the full 

capacity of the cooling system only 

when it is needed, and maximizing the 

use of recirculated air) can result in 

improved efficiency. Table III.C.1–2 

below lists some of these technologies 

and their respective efficiency 

improvements. 

As discussed in the proposal, EPA is 

adopting a design-based ‘‘menu’’ 

approach for estimating efficiency 

improvements and, thus, quantifying 

A/C Efficiency Credits.211 However, 

EPA’s ultimate preference is 

performance-based standards and credit 

mechanisms (i.e., using actual 

measurements) as typically providing a 

more accurate measure of performance. 

However, EPA has concluded that a 

practical, performance-based procedure 

for the purpose of accurately 

quantifying A/C-related CO2 emission 

reductions, and thus efficiency 

improvements for assigning credits, is 

not yet available. Still, EPA is 

introducing a new specialized 

performance-based test for the more 

limited purpose of demonstrating that 

mstockstill on DSKB9S0YB1PROD with RULES2

25428 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 

212Commenters included the Alliance of 

Automobile Manufacturers, Jaguar Land Rover, 

Denso, and the Motor and Equipment 

Manufacturers Association, among others. 

213Recirculated air is defined as air present in the 

passenger compartment of the vehicle (versus 

outside air) available for the A/C system to cool or 

condition. 

214Mathur, Gursaran D., ‘‘Experimental 

Investigation with Cross Fluted Double-Pipe 

Suction Line Heat Exchanger to Enhance A/C 

System Performance,’’ SAE 2009–01–0970, 2009. 

actual efficiency improvements are 

being achieved by the design 

improvements for which a manufacturer 

is seeking A/C credits. As discussed 

below, beginning in MY 2014, 

manufacturers wishing to generate A/C 

Efficiency Credits will need to show 

improvement on the new A/C Idle Test 

in order to then use the ‘‘menu’’ 

approach to quantify the number of 

credits attributable to those 

improvements. 

In response to comments concerning 

the applicability and effectiveness of 

technologies that were or were not 

included in our analysis, we have made 

several changes to the design-based 

menu.212 First, we have separated the 

credit available for ‘recirculated air’ 213

technologies into those with closed-loop 

control of the air supply and those with 

open-loop control. By ‘‘closed-loop’’ 

control, we mean a system that uses 

feedback from a sensor, or sensors, (e.g., 

humidity, glass fogging, CO2, etc.) to 

actively control the interior air quality. 

For those systems that use ‘‘open-loop’’ 

control of the air supply, we project that 

since this approach cannot precisely 

adjust to varying ambient humidity or 

passenger respiration levels, the relative 

effectiveness will be less than that for 

systems using closed-loop control. 

Second, many commenters indicated 

that the electronic expansion valve, or 

EXV, should not be included in the 

menu of technologies, as its 

effectiveness may not be as high as we 

projected. Commenters noted that the 

SAE IMAC report stated efficiency 

improvements for an EXV used in 

conjunction with a more efficient 

compressor, and not as a stand alone 

technology and that no manufacturers 

are considering this technology for their 

products within the timeframe of this 

rulemaking. We believe other 

technologies (improved compressor 

controls for example) can achieve the 

same benefit as an EXV, without the 

need for this unique component, and 

therefore are not adopting it as an 

option in the design menu of efficiencyimproving A/C technologies. 

Third, many commenters requested 

that an internal heat exchanger, or IHX, 

be added to the design menu. EPA 

initially considered adding this 

technology, but in our initial review of 

studies on this component, we had 

understood that the value of the 

technology is limited to systems using 

the alternative refrigerant HFO–1234yf. 

Some manufacturers, however, 

commented that an IHX can also be 

used with systems using the current 

refrigerant HFC–134a to improve 

efficiency, and that they plan on 

implementing this technology as part 

their strategy to improve A/C efficiency. 

Based on these comments, and 

projections in a more recent SAE 

Technical Paper, we project that an IHX 

in a conventional HFC–134a system can 

improve system efficiency by 20%, 

resulting in a credit of 1.1 g/mi.214

Further discussion of IHX technology 

can be found in the RIA. 

Fourth, we have modified the 

definition of ‘improved evaporators and 

condensers’ to recognize that improved 

versions of these heat exchangers may 

be used separately or in conjunction 

with one another, and that an 

engineering analysis must indicate a 

COP improvement of 10% or better 

when using either or both components 

(and not a 10% COP improvement for 

each component). Furthermore, we have 

modified the regulation text to clarify 

what is considered to be the ‘baseline’ 

components for this analysis. We 

consider the baseline component to be 

the version which a manufacturer most 

recently had in production on the same 

vehicle or a vehicle in a similar EPA 

vehicle classification. The dimensional 

characteristics (e.g. tube configuration/ 

thickness/spacing, and fin density) of 

the baseline components are then 

compared to the new components, and 

an engineering analysis is required to 

demonstrate the COP improvement. 

For model years 2012 and 2013, a 

manufacturer wishing to generate A/C 

Efficiency Credits for a group of its 

vehicles with similar A/C systems will 

compare several of its vehicle A/Crelated components and systems with a 

list of efficiency-related technology 

improvements (see Table III.C.1–2 

below). Based on the technologies the 

manufacturer chooses, an A/C 

Efficiency Credit value will be 

established. This design-based approach 

will recognize the relationships and 

synergies among efficiency-related 

technologies. Manufacturers could 

receive credits based on the 

technologies they chose to incorporate 

in their A/C systems and the associated 

credit value for each technology. The 

total A/C Efficiency Credit will be the 

total of these values, up to a maximum 

allowable credit of 5.7 g/mi CO2eq. This 

will be the maximum improvement 

from current average efficiencies for 

A/C systems (see the RIA for a full 

discussion of our derivation of the 

reductions and credit values for 

individual technologies and for the 

maximum total credit available). 

Although the total of the individual 

technology credit values may exceed 5.7 

g/mi CO2eq, synergies among the 

technologies mean that the values are 

not additive. A/C Efficiency Credits as 

adopted may not exceed 5.7 g/mi CO2eq. 

TABLE III.C.1–2—EFFICIENCY-IMPROVING A/C TECHNOLOGIES AND CREDITS

Technology description 

Estimated reduction in A/C CO2

emissions 

(%) 

A/C efficiency 

credit 

(g/mi CO2) 

Reduced reheat, with externally-controlled, variable-displacement compressor ............................................ 30 1.7 

Reduced reheat, with externally-controlled, fixed-displacement or pneumatic variable-displacement compressor ......................................................................................................................................................... 20 1.1 

Default to recirculated air with closed-loop control of the air supply (sensor feedback to control interior air 

quality) whenever the ambient temperature is 75 °F or higher (although deviations from this temperature are allowed if accompanied by an engineering analysis) .................................................................... 30 1.7 

Default to recirculated air with open-loop control air supply (no sensor feedback) whenever the ambient 

temperature 75 °F or higher lower temperatures are allowed .................................................................... 20 1.1 

Blower motor controls which limit wasted electrical energy (e.g., pulse width modulated power controller) 15 0.9 

Internal heat exchanger ................................................................................................................................... 20 1.1 

Improved condensers and/or evaporators (with system analysis on the component(s) indicating a COP 

improvement greater than 10%, when compared to previous industry standard designs) ......................... 20 1.1 

mstockstill on DSKB9S0YB1PROD with RULES2

Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 25429 

215Ford noted that ‘‘the physical properties of the 

alternative refrigerant R1234yf could result in a 

reduction of efficiency by 5 to 10 percent compared to R134a in use today with a similar refrigerant 

system and controls technology.’’ 

TABLE III.C.1–2—EFFICIENCY-IMPROVING A/C TECHNOLOGIES AND CREDITS—Continued 

Technology description 

Estimated reduction in A/C CO2

emissions 

(%) 

A/C efficiency 

credit 

(g/mi CO2) 

Oil separator (with engineering analysis demonstrating effectiveness relative to the baseline design) ........ 10 0.6 

The proposal requested comment on 

adjusting the efficiency credit for 

alternative refrigerants. Although a few 

commenters noted that the efficiency of 

an HFO1234yf system may differ from a 

current HFC–134a system,215 we believe 

that this difference does not take into 

account any efficiency improvements 

that may be recovered or gained when 

the overall system is specifically 

designed with consideration of the new 

refrigerant properties (as compared to 

only substituting the new refrigerant). 

EPA is therefore not adjusting the 

credits based on efficiency differences 

for this rule. 

As noted above, for model years 2014 

and later, manufacturers seeking to 

generate design-based A/C Efficiency 

Credits will also need to use a specific 

new EPA performance test to confirm 

that the design changes are resulting in 

improvements in A/C system efficiency 

as integrated into the vehicle. As 

proposed, beginning in MY 2014 

manufacturers will need to perform an 

A/C CO2 Idle Test for each A/C system 

(family) for which it desires to generate 

Efficiency Credits. Manufacturers will 

need to demonstrate an improvement 

over current average A/C CO2 levels 

(21.3 g/minute on the Idle Test) to 

qualify for the menu approach credits. 

Upon qualifying on the Idle Test, the 

manufacturer will be eligible to use the 

menu approach above to quantify the 

potential credits it could generate. To 

earn the full amount of credits available 

in the menu approach (limited to the 

maximum), the test must demonstrate a 

30% or greater improvement in CO2

levels over the current average. 

For A/C systems that achieve an 

improvement between 0-and-30% (or a 

result between 21.3 and 14.9 g/minute 

result on the A/C CO2 Idle Test), a credit 

can still be earned, but a multiplicative 

credit adjustment factor will be applied 

to the eligible credits. As shown in 

Figure III.C.1–1 this factor will be scaled 

from 1.0 to 0, with vehicles 

demonstrating a 30% or better 

improvement (14.9 g/min or lower) 

receiving 100% of the eligible credit 

(adj. factor = 1.0), and vehicles 

demonstrating a 0% improvement—21.3 

g/min or higher result—receiving no 

credit (adj. factor = 0). We adopted this 

adjustment factor in response to 

commenters who were concerned that a 

vehicle which incorporated many 

efficiency-improving technologies may 

not achieve the full 30% improvement, 

and as a result would receive no credit 

(thus discouraging them from using any 

of the technologies). Because there is 

environmental benefit (reduced CO2) 

from the use of even some of these 

efficiency-improving technologies, EPA 

believes it is appropriate to scale the 

A/C efficiency credits to account for 

these partial improvements. 

BILLING CODE 6560–50–P 

mstockstill on DSKB9S0YB1PROD with RULES2

25430 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 

BILLING CODE 6560–50–C 


mstockstill on DSKB9S0YB1PROD with RULES2ER07MY10.016</GPH>
Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 25431 

EPA is adopting the A/C CO2 Idle Test 

procedure as proposed in most respects. 

This laboratory idle test is performed 

while the vehicle is at idle, similar to 

the idle carbon monoxide (CO) test that 

was once a part of EPA vehicle 

certification. The test determines the 

additional CO2 generated at idle when 

the A/C system is operated. The A/C 

CO2 Idle Test will be run with and 

without the A/C system cooling the 

interior cabin while the vehicle’s engine 

is operating at idle and with the system 

under complete control of the engine 

and climate control system. The test 

includes tighter restrictions on test cell 

temperatures and humidity levels than 

apply for the basic FTP test procedure 

in order to more closely control the 

loads from operation of the A/C system. 

EPA is also adopting additional 

refinements to the required in-vehicle 

blower fan settings for manually 

controlled systems to more closely 

represent ‘‘real world’’ usage patterns. 

Many commenters questioned the 

ability of this test to measure the 

improved efficiency of certain A/C 

technologies, and stated that the test 

was not representative of real-world 

driving conditions. However, although 

EPA acknowledges that this test directly 

simulates a relatively limited range of 

technologies and conditions, we 

determined that it is sufficiently robust 

for the purpose of demonstrating that 

the system design changes are indeed 

implemented properly and are resulting 

in improved efficiency of a vehicle’s 

A/C system, at idle as well as under a 

range of operating conditions. Further 

details of the A/C Idle Test can be found 

in the RIA and the regulations, as well 

as in the Response to Comments 

Document. 

The design of the A/C CO2 Idle Test 

represents a balancing of the need for 

performance tests whenever possible to 

ensure the most accurate quantification 

of efficiency improvements, with 

practical concerns for testing burden 

and facility requirements. EPA believes 

that the Idle Test adds to the robust 

quantification of A/C credits that will 

result in real-world efficiency 

improvements and reductions in A/Crelated CO2 emissions. The Idle Test 

will not be required in order to generate 

A/C Efficiency Credits until MY 2014 to 

allow sufficient time for manufacturers 

to make the necessary facilities 

improvements and to gain experience 

with the test. 

EPA also considered and invited 

comment on a more comprehensive 

testing approach to quantifying A/C CO2

emissions that could be somewhat more 

technically robust, but would require 

more test time and test facility 

improvements for many manufacturers. 

EPA invited comment on using an 

adapted version of the SCO3, an existing 

test procedure that is part of the 

Supplemental Federal Test Procedure. 

EPA discussed and invited comment on 

the various benefits and concerns 

associated with using an adapted SCO3 

test. There were many comments 

opposed to this proposal, and very few 

supporters. Most of the comments 

opposing this approach echoed the 

concerns made by in the NPRM. These 

included excessive testing burden, 

limited test facilities and the cost of 

adding new ones, and the concern that 

the SC03 test may not be sufficiently 

representative of in use A/C usage. 

Some commenters supported a 

derivative of the SCO3 test or multiple 

runs of other urban cycles (such as the 

LA–4) for quantifying A/C system 

efficiency. While EPA considers a test 

cycle that covers a broader range of 

vehicle speed and climatic conditions to 

be ideal, developing such a 

representative A/C test would involve 

the work of many stakeholders, and 

would require a significant amount of 

time, exceeding the scope of this rule. 

EPA expects to continue working with 

industry, the California Air Resources 

Board, and other stakeholders to move 

toward increasingly robust performance 

tests and methods for determining the 

efficiency of mobile A/C systems and 

the related impact on vehicle CO2

emissions, including a potential adapted 

SC03 test. 

c. Interaction With Title VI Refrigerant 

Regulations 

Title VI of the Clean Air Act deals 

with the protection of stratospheric 

ozone. Section 608 establishes a 

comprehensive program to limit 

emissions of certain ozone-depleting 

substances (ODS). The rules 

promulgated under section 608 regulate 

the use and disposal of such substances 

during the service, repair or disposal of 

appliances and industrial process 

refrigeration. In addition, section 608 

and the regulations promulgated under 

it, prohibit knowingly venting or 

releasing ODS during the course of 

maintaining, servicing, repairing or 

disposing of an appliance or industrial 

process refrigeration equipment. Section 

609 governs the servicing of motor 

vehicle A/C systems. The regulations 

promulgated under section 609 (40 CFR 

part 82, subpart B) establish standards 

and requirements regarding the 

servicing of A/C systems. These 

regulations include establishing 

standards for equipment that recovers 

and recycles (or, for refrigerant blends, 

only recovers) refrigerant from A/C 

systems; requiring technician training 

and certification by an EPA-approved 

organization; establishing recordkeeping 

requirements; imposing sales 

restrictions; and prohibiting the venting 

of refrigerants. Section 612 requires EPA 

to review substitutes for class I and class 

II ozone depleting substances and to 

consider whether such substitutes will 

cause an adverse effect to human health 

or the environment as compared with 

other substitutes that are currently or 

potentially available. EPA promulgated 

regulations for this program in 1992 and 

those regulations are located at 40 CFR 

part 82, subpart G. When reviewing 

substitutes, in addition to finding them 

acceptable or unacceptable, EPA may 

also find them acceptable so long as the 

user meets certain use conditions. For 

example, all motor vehicle air 

conditioning systems must have unique 

fittings and a uniquely colored label for 

the refrigerant being used in the system. 

On September 14, 2006, EPA 

proposed to approve R–744 (CO2) for 

use in motor vehicle A/C systems (71 FR 

55140) and on October 19, 2009, EPA 

proposed to approve the low-GWP 

refrigerant HFO–1234yf for these 

systems (74 FR 53445), both subject to 

certain requirements. Final action on 

both of these proposals is expected later 

this year. EPA previously issued a final 

rule allowing the use of HFC–152a as a 

refrigerant in motor vehicle A/C systems 

subject to certain requirements (June 12, 

2008; 73 FR 33304). As discussed above, 

manufacturers transitioning to any of 

the approved refrigerants would be 

eligible for A/C Leakage Credits, the 

value of which would depend on the 

GWP of their refrigerant and the degree 

of leakage reduction of their systems. 

EPA views this rule as 

complementing these Title VI programs, 

and not conflicting with them. To the 

extent that manufacturers choose to 

reduce refrigerant leakage in order to 

earn A/C Leakage Credits, this will 

dovetail with the Title VI section 609 

standards which apply to maintenance 

events, and to end-of-vehicle life 

disposal. In fact, as noted, a benefit of 

the A/C credit provisions is that there 

should be fewer and less impactive 

maintenance events for MVACs, since 

there will be less leakage. In addition, 

the credit provisions will not conflict 

(or overlap) with the Title VI section 

609 standards. EPA also believes the 

menu of leak control technologies 

described in this rule will complement 

the section 612 requirements, because 

these control technologies will help 

ensure that HFC–134a (or other 

refrigerants) will be used in a manner 

that further minimizes potential adverse 

mstockstill on DSKB9S0YB1PROD with RULES2

25432 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 

216 49 U.S.C. 32905. 

217See 49 U.S.C. 32906. The mechanism by 

which EPCA provides an incentive for production 

of FFVs is by specifying that their fuel economy is 

determined using a special calculation procedure 

that results in those vehicles being assigned a 

higher fuel economy level than would otherwise 

occur. 49 U.S.C. 32905(b). This is typically referred 

to as an FFV credit. 

218 49 U.S.C. 32906. 219 49 U.S.C. 32905(b). 

effects on human health and the 

environment. 

2. Flexible Fuel and Alternative Fuel 

Vehicle Credits 

EPA is finalizing its proposal to allow 

flexible-fuel vehicles (FFVs) and 

alternative fuel vehicles to generate 

credits for purposes of the GHG rule 

starting in the 2012 model year. FFVs 

are vehicles that can run on both an 

alternative fuel and a conventional fuel. 

Most FFVs are E85 vehicles, which can 

run on a mixture of up to 85 percent 

ethanol and gasoline. Dedicated 

alternative fuel vehicles are vehicles 

that run exclusively on an alternative 

fuel (e.g., compressed natural gas). 

These credits are designed to 

complement the treatment of FFVs 

under CAFE, consistent with the 

emission reduction objectives of the 

CAA. As explained at proposal, EPCA 

includes an incentive under the CAFE 

program for production of dual-fueled 

vehicles or FFVs, and dedicated 

alternative fuel vehicles.216 For FFVs 

and dual-fueled vehicles, the EPCA/ 

EISA credits have three elements: (1) 

The assumption that the vehicle is 

operated 50% of the time on the 

conventional fuel and 50% of the time 

on the alternative fuel, (2) that 1 gallon 

of alternative fuel is treated as 0.15 

gallon of fuel, essentially increasing the 

fuel economy of a vehicle on alternative 

fuel by a factor of 6.67, and (3) a ‘‘cap’’ 

provision that limits the maximum fuel 

economy increase that can be applied to 

a manufacturer’s overall CAFE 

compliance value for all CAFE 

compliance categories (i.e., domestic 

passenger cars, import passenger cars, 

and light trucks) to 1.2 mpg through 

2014 and 1.0 mpg in 2015. EPCA’s 

provisions were amended by the EISA 

to extend the period of availability of 

the FFV credits, but to begin phasing 

them out by annually reducing the 

amount of FFV credits that can be used 

in demonstrating compliance with the 

CAFE standards.217 EPCA does not 

premise the availability of the FFV 

credits on actual use of alternative fuel. 

Under EPCA, after MY 2019 no FFV 

credits will be available for CAFE 

compliance.218 Under EPCA, for 

dedicated alternative fuel vehicles, there 

are no limits or phase-out. As proposed, 

FFV and Alternative Fuel Vehicle 

Credits will be calculated as a part of 

the calculation of a manufacturer’s 

overall fleet average fuel economy and 

fleet average carbon-related exhaust 

emissions (§ 600.510–12). 

Manufacturers supported the 

inclusion of FFV credits in the program. 

Chrysler noted that the credits 

encourage manufacturers to continue 

production of vehicles capable of 

running on alternative fuels as the 

production and distribution systems of 

such fuels are developed. Chrysler 

believes the lower carbon intensity of 

such fuels is an opportunity for further 

greenhouse gas reductions and 

increased energy independence, and the 

continuance of such incentives 

recognizes the important potential of 

this technology to reduce GHGs. Toyota 

noted that because actions taken by 

manufacturers to comply with EPA’s 

regulation will, to a large extent, be the 

same as those taken to comply with 

NHTSA’s CAFE regulation, it is 

appropriate for EPA to consider 

flexibilities contained in the CAFE 

program that clearly impact product 

plans and technology deployment plans 

already in place or nearly in place. 

Toyota believes that adopting the FFV 

credit for a transitional period of time 

appears to recognize this reality, while 

providing a pathway to eventually 

phase-out the flexibility. 

As proposed, electric vehicles (EVs) 

or plug-in hybrid electric vehicles 

(PHEVs) are not eligible to generate this 

type of credit. These vehicles are 

covered by the advanced technology 

vehicle incentives provisions described 

in Section III.C.3, so including them 

here would lead to a double counting of 

credits. 

a. Model Year 2012–2015 Credits 

i. FFVs 

For the GHG program, EPA is 

allowing FFV credits corresponding to 

the amounts allowed by the amended 

EPCA but only during the period from 

MYs 2012 to 2015. (As discussed below 

in Section III.E., EPA is not allowing 

CAFE-based FFV credits to be generated 

as part of the early credits program.) As 

noted at proposal, several manufacturers 

have already taken the availability of 

FFV credits into account in their nearterm future planning for CAFE and this 

reliance indicates that these credits 

need to be considered in assessing 

necessary lead time for the CO2

standards. Manufacturers commented 

that the credits are necessary in 

allowing them to transition to the new 

standards. EPA thus believes that 

allowing these credits, in the near term, 

would help provide adequate lead time 

for manufacturers to implement the new 

multi-year standards, but that for the 

longer term there is adequate lead time 

without the use of such credits. This 

will also tend to harmonize the GHG 

and the CAFE program during these 

interim years. As discussed below, EPA 

is requiring for MY 2016 and later that 

manufacturers will need to reliably 

estimate the extent to which the 

alternative fuel is actually being used by 

vehicles in order to count the alternative 

fuel use in the vehicle’s CO2 emissions 

level determination. Beginning in MY 

2016, the FFV credits as described 

above for MY 2012–2015 will no longer 

be available for EPA’s GHG program. 

Rather, GHG compliance values will be 

based on actual emissions performance 

of the FFV on conventional and 

alternative fuels, weighted by the actual 

use of these fuels in the FFVs. 

As with the CAFE program, EPA will 

base MY 2012–2015 credits on the 

assumption that the vehicles would 

operate 50% of the time on the 

alternative fuel and 50% of the time on 

conventional fuel, resulting in CO2

emissions that are based on an 

arithmetic average of alternative fuel 

and conventional fuel CO2 emissions.219

In addition, the measured CO2

emissions on the alternative fuel will be 

multiplied by a 0.15 volumetric 

conversion factor which is included in 

the CAFE calculation as provided by 

EPCA. Through this mechanism a gallon 

of alternative fuel is deemed to contain 

0.15 gallons of fuel. For example, for a 

flexible-fuel vehicle that emitted 330 

g/mi CO2 operating on E85 and 350 

g/mi CO2 operating on gasoline, the 

resulting CO2 level to be used in the 

manufacturer’s fleet average calculation 

would be: 

CO g/mi 2

330 0 15 350

2 = 199 8 × + = [( . ) ] .

EPA understands that by using the 

CAFE approach—including the 0.15 

factor—the CO2 emissions value for the 

vehicle is calculated to be significantly 

lower than it actually would be 

otherwise, even if the vehicle were 

assumed to operate on the alternative 

fuel at all times. This represents a 

‘‘credit’’ being provided to FFVs. 

EPA notes also that the above 

equation and example are based on an 

FFV that is an E85 vehicle. EPCA, as 

amended by EISA, also establishes the 

use of this approach, including the 0.15 

factor, for all alternative fuels, not just 


mstockstill on DSKB9S0YB1PROD with RULES2ER07MY10.017</MATH>
Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 25433 

220 49 U.S.C. 32905(c). 

221 49 U.S.C. 32905(d). 

222 49 U.S.C. 32905(c). 

223 49 U.S.C. 32906(a). 

E85.220 The 0.15 factor is used for B–20 

(20 percent biofuel and 80 percent 

diesel) FFVs. EPCA also establishes this 

approach, including the 0.15 factor, for 

gaseous-fueled dual-fueled vehicles, 

such as a vehicle able to operate on 

gasoline and CNG.221 (For natural gas 

dual-fueled vehicles, EPCA establishes a 

factor of 0.823 gallons of fuel for every 

100 cubic feet a natural gas used to 

calculate a gallons equivalent.222) The 

EISA’s use of the 0.15 factor in this way 

provides a similar regulatory treatment 

across the various types of alternative 

fuel vehicles. EPA also will use the 0.15 

factor for all FFVs in order not to 

disrupt manufacturers’ near-term 

compliance planning and assure 

sufficient lead time. EPA, in any case, 

expects the vast majority of FFVs to be 

E85 vehicles, as is the case today. 

The FFV credit limits for CAFE are 

1.2 mpg for model years 2012–2014 and 

1.0 mpg for model year 2015.223 In CO2

terms, these CAFE limits translate to 

declining CO2 credit limits over the four 

model years, as the CAFE standards 

increase in stringency. As the CAFE 

standard increases numerically, the 

limit becomes a smaller fraction of the 

standard. EPA proposed, but is not 

adopting, credit limits based on the 

overall industry average CO2 standards 

for cars and trucks. EPA also requested 

comments on basing the calculated CO2

credit limits on the individual 

manufacturer fleet-average standards 

calculated from the footprint curves. 

EPA received comment from one 

manufacturer supporting this approach. 

EPA also received comments from 

another manufacturer recommending 

that the credit limits for an individual 

manufacturer be based instead on that 

manufacturer’s fleet average 

performance. The commenter noted that 

this approach is in line with how CAFE 

FFV credit limits are applied. This is 

due to the fact that the GHG-equivalent 

of the CAFE 1.2 mpg cap will vary due 

to the non-linear relationship between 

fuel economy and GHGs/fuel 

consumption. EPA agrees with this 

approach since it best harmonizes how 

credit limits are determined in CAFE. 

EPA intended and continues to believe 

it is appropriate to provide essentially 

the same FFV credits under both 

programs for MYs 2012–2015. 

Therefore, EPA is finalizing FFV credits 

limits for MY 2012–2015 based on a 

manufacturer’s fleet-average 

performance. For example, if a 

manufacturer’s 2012 car fleet average 

emissions performance was 260 g/mile 

(34.2 mpg), the credit limit in CO2 terms 

would be 9.5 g/mile (34.2 mpg ¥ 1.2 

mpg = 33.0 mpg = 269.5 g/mile) and if 

it were 270 g/mile the limit would be 

10.2 g/mile. 

ii. Dedicated Alternative Fuel Vehicles 

As proposed, EPA will calculate CO2

emissions from dedicated alternative 

fuel vehicles for MY 2012–2015 by 

measuring the CO2 emissions over the 

test procedure and multiplying the 

results by the 0.15 conversion factor 

described above. For example, for a 

dedicated alternative fuel vehicle that 

would achieve 330 g/mi CO2 while 

operating on alcohol (ethanol or 

methanol), the effective CO2 emissions 

of the vehicle for use in determining the 

vehicle’s CO2 emissions would be 

calculated as follows: 

CO2 = 330 × 0.15 = 49.5 g/mi 

b. Model Years 2016 and Later 

i. FFVs 

EPA is treating FFV credits the same 

as under EPCA for model years 2012– 

2015, but is applying a different 

approach starting with model year 2016. 

EPA recognizes that under EPCA 

automatic FFV credits are entirely 

phased out of the CAFE program by MY 

2020, and apply in the prior model 

years with certain limitations, but 

without a requirement that the 

manufacturers demonstrate actual use of 

the alternative fuel. Unlike EPCA, CAA 

section 202(a) does not mandate that 

EPA treat FFVs in a specific way. 

Instead EPA is required to exercise its 

own judgment and determine an 

appropriate approach that best promotes 

the goals of this CAA section. Under 

these circumstances, EPA will treat 

FFVs for model years 2012–2015 the 

same as under EPCA, as part of 

providing sufficient lead time given 

manufacturers’ compliance strategies 

which rely on the existence of these 

EPCA statutory credits, as explained 

above. 

Starting with model year 2016, as 

proposed, EPA will no longer allow 

manufacturers to base FFV emissions on 

the use of the 0.15 factor credit 

described above, and on the use of an 

assumed 50% usage of alternative fuel. 

Instead, EPA believes the appropriate 

approach is to ensure that FFV 

emissions are based on demonstrated 

emissions performance. This will 

promote the environmental goals of the 

final program. EPA received several 

comments in support of EPA’s proposal 

to use this approach instead of the 

EPCA approach for MY 2016 and later. 

Under the EPA program in MY 2016 and 

later, manufacturers will be allowed to 

base an FFV’s emissions compliance 

value in part on the vehicle test values 

run on the alternative fuel, for that 

portion of its fleet for which the 

manufacturer demonstrates utilized the 

alternative fuel in the field. In other 

words, the default is to assume FFVs 

operate on 100% gasoline, and the 

emissions value for the FFV vehicle will 

be based on the vehicle’s tested value on 

gasoline. However, if a manufacturer 

can demonstrate that a portion of its 

FFVs are using an alternative fuel in 

use, then the FFV emissions compliance 

value can be calculated based on the 

vehicle’s tested value using the 

alternative fuel, prorated based on the 

percentage of the fleet using the 

alternative fuel in the field. An example 

calculation is described below. EPA 

believes this approach will provide an 

actual incentive to ensure that such 

fuels are used. The incentive arises 

since actual use of the flexible fuel 

typically results in lower tailpipe GHG 

emissions than use of gasoline and 

hence improves the vehicles’ 

performance, making it more likely that 

its performance will improve a 

manufacturers’ average fleetwide 

performance. Based on existing 

certification data, E85 FFV CO2

emissions are typically about 5 percent 

lower on E85 than CO2 emissions on 

100 percent gasoline. Moreover, 

currently there is little incentive to 

optimize CO2 performance for vehicles 

when running on E85. EPA believes the 

above approach would provide such an 

incentive to manufacturers and that E85 

vehicles could be optimized through 

engine redesign and calibration to 

provide additional CO2 reductions. 

Under the EPCA credit provisions, 

there is an incentive to produce FFVs 

but no actual incentive to ensure that 

the alternative fuels are used, or that 

actual vehicle fuel economy improves. 

GHG and energy security benefits are 

only achieved if the alternative fuel is 

actually used and (for GHGs) that 

performance improves, and EPA’s 

approach for MY 2016 and beyond will 

now provide such an incentive. This 

approach will promote greater use of 

alternative fuels, as compared to a 

situation where there is a credit but no 

usage requirement. This is also 

consistent with the agency’s overall 

commitment to the expanded use of 

renewable fuels. Therefore, EPA is 

basing the FFV program for MYs 2016 

and thereafter on real-world reductions: 

i.e., actual vehicle CO2 emissions levels 

based on actual use of the two fuels, 

without the 0.15 conversion factor 

specified under EISA. 

mstockstill on DSKB9S0YB1PROD with RULES2

25434 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 

224 75 FR 14670 (March 26, 2010). 

225See final regulations at 40 CFR 86.1866–12(a). 

226 In this section, ‘‘upstream’’ means all fuelrelated GHG emissions prior to the fuel being 

introduced to the vehicle. 

For 2016 and later model years, EPA 

will therefore treat FFVs similarly to 

conventional fueled vehicles in that 

FFV emissions would be based on 

actual CO2 results from emission testing 

on the fuels on which it operates. In 

calculating the emissions performance 

of an FFV, manufacturers may base FFV 

emissions on vehicle testing based on 

the alternative fuel emissions, if they 

can demonstrate that the alternative fuel 

is actually being used in the vehicles. 

Performance will otherwise be 

calculated assuming use only of 

conventional fuel. The manufacturer 

must establish the ratio of operation that 

is on the alternative fuel compared to 

the conventional fuel. The ratio will be 

used to weight the CO2 emissions 

performance over the 2-cycle test on the 

two fuels. The 0.15 conversion factor 

will no longer be included in the CO2

emissions calculation. For example, for 

a flexible-fuel vehicle that emitted 300 

g/mi CO2 operating on E85 ten percent 

of the time and 350 g/mi CO2 operating 

on gasoline ninety percent of the time, 

the CO2 emissions for the vehicles to be 

used in the manufacturer’s fleet average 

would be calculated as follows: 

CO2 = (300 × 0.10) + (350 × 0.90) = 345 

g/mi 

The most complex part of this 

approach is to establish what data are 

needed for a manufacturer to accurately 

demonstrate use of the alternative fuel, 

where the manufacturer intends for its 

performance to be calculated based on 

some use of alternative fuels. One 

option EPA is finalizing is establishing 

a rebuttable presumption using a 

national average approach based on 

national E85 fuel use. Manufacturers 

could use this value along with their 

vehicle emissions results demonstrating 

lower emissions on E85 to determine 

the emissions compliance values for 

FFVs sold by manufacturers under this 

program. For example, national E85 

volumes and national FFV sales may be 

used to prorate E85 use by manufacturer 

sales volumes and FFVs already in-use. 

Upon a manufacturer’s written request, 

EPA will conduct an analysis of vehicle 

miles travelled (VMT) by year for all 

FFVs using its emissions inventory 

MOVES model. Using the VMT ratios 

and the overall E85 sales, E85 usage will 

be assigned to each vehicle. This 

method accounts for the VMT of new 

FFVs and FFVs already in the existing 

fleet using VMT data in the model. The 

model will then be used to determine 

the ratio of E85 and gasoline for new 

vehicles being sold. Fluctuations in E85 

sales and FFV sales will be taken into 

account to adjust the manufacturers’ 

E85 actual use estimates annually. EPA 

plans to make this assigned fuel usage 

factor available through guidance prior 

to the start of MY 2016 and adjust it 

annually as necessary. EPA believes this 

is a reasonable way to apportion E85 use 

across the fleet. 

If manufacturers decide not to use 

EPA’s assigned fuel usage based on the 

national average analysis, they have a 

second option of presenting their own 

data for consideration as the basis for 

evaluating fuel usage. Manufacturers 

have suggested demonstrations using 

vehicle on-board data gathering through 

the use of on-board sensors and 

computers. California’s program allows 

FFV credits based on FFV use and 

envisioned manufacturers collecting 

fuel use data from vehicles in fleets with 

on-site refueling. Manufacturers must 

present a statistical analysis of 

alternative fuel usage data collected on 

actual vehicle operation. EPA is not 

attempting to specify how the data is 

collected or the amount of data needed. 

However, the analysis must be based on 

sound statistical methodology. 

Uncertainty in the analysis must be 

accounted for in a way that provides 

reasonable certainty that the program 

does not result in loss of emissions 

reductions. 

EPA received comments that the 2016 

and later FFV emissions performance 

methodology should be based on the life 

cycle emissions (i.e., including the 

upstream GHG emissions associated 

with fuel feedstocks, production, and 

transportation) associated with the use 

of the alternative fuel. Commenters are 

concerned that the use of ethanol will 

not result in lower GHGs on a lifecycle 

basis. After considering these 

comments, EPA is not including 

lifecycle emissions in the calculation of 

vehicle credits. EPA continues to 

believe that it is appropriate to base 

credits for MY 2012–2015 on the EPCA/ 

CAFE credits and to base compliance 

values for MY 2016 on the demonstrated 

tailpipe emissions performance on 

gasoline and E85, and is finalizing this 

approach as proposed. EPA recently 

finalized its RFS2 rulemaking which 

addresses lifecycle emissions from 

ethanol and the upstream GHG benefits 

of E85 use are already captured by this 

program.224

ii. Dedicated Alternative Fuel Vehicles 

As proposed, for model years 2016 

and later dedicated alternative fuel 

vehicles, CO2 will be measured over the 

2-cycle test in order to be included in 

a manufacturer’s fleet average CO2

calculations. As noted above, this is 

different than CAFE methodology which 

provides a methodology for calculating 

a petroleum-based mpg equivalent for 

alternative fuel vehicles so they can be 

included in CAFE. However, because 

CO2 can be measured directly from 

alternative fuel vehicles over the test 

procedure, EPA believes this is the 

simplest and best approach since it is 

consistent with all other vehicle testing 

under the CO2 program. EPA did not 

receive comments on this approach. 

3. Advanced Technology Vehicle 

Incentives for Electric Vehicles, Plug-in 

Hybrids, and Fuel Cell Vehicles 

EPA is finalizing provisions that 

provide a temporary regulatory 

incentive for the commercialization of 

certain advanced vehicle power trains— 

electric vehicles (EVs), plug-in hybrid 

electric vehicles (PHEVs), and fuel cell 

vehicles (FCVs)—for model year 2012– 

2016 light-duty and medium-duty 

passenger vehicles.225 The purpose of 

these provisions is to provide a 

temporary incentive to promote 

technologies which have the potential to 

produce very large GHG reductions in 

the future, but which face major 

challenges such as vehicle cost, 

consumer acceptance, and the 

development of low-GHG fuel 

production infrastructure. The tailpipe 

GHG emissions from EVs, PHEVs 

operated on grid electricity, and 

hydrogen-fueled FCVs are zero, and 

traditionally the emissions of the 

vehicle itself are all that EPA takes into 

account for purposes of compliance 

with standards set under section 202(a). 

Focusing on vehicle tailpipe emissions 

has not raised any issues for criteria 

pollutants, as upstream emissions 

associated with production and 

distribution of the fuel are addressed by 

comprehensive regulatory programs 

focused on the upstream sources of 

those emissions.226 At this time, 

however, there is no such 

comprehensive program addressing 

upstream emissions of GHGs, and the 

upstream GHG emissions associated 

with production and distribution of 

electricity are higher than the 

corresponding upstream GHG emissions 

of gasoline or other petroleum based 

fuels. In the future, if there were a 

program to comprehensively control 

upstream GHG emissions, then the zero 

tailpipe levels from these vehicles have 

the potential to produce very large GHG 

reductions, and to transform the 

mstockstill on DSKB9S0YB1PROD with RULES2

Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 25435 

227Notice of Upcoming Joint Rulemaking to 

Establish Vehicle GHG Emissions and CAFE 

Standards, 74 FR 24007, 24011 (May 22, 2009). 228 74 FR 49533–34. 229See 74 FR 49533 (‘‘EPA recognizes that for 

each EV that is sold, in reality the total emissions 

off-set relative to the typical gasoline or diesel 

powered vehicle is not zero, as there is a 

corresponding increase in upstream CO2 emissions 

due to an increase in the requirements for electric 

utility generation’’). 

230This 120 grams/mile value for a midsize EV 

is approximately similar to the compliance value 

for today’s most efficient conventional hybrid 

vehicle, so the EV would not be significantly more 

‘‘GHG-positive’’ than the most efficient conventional 

hybrid counterpart under a full accounting 

approach. It should be noted that these emission 

levels would still be well below the footprint targets 

for the vehicles in question. 

231 ‘‘Secretary Chu Announces Closing of $1.4 

Billion Loan to Nissan,’’ Department of Energy, 

January 28, 2010, http://www.energy.gov/news/ 

8581.htm. EPA Docket EPA–HQ–OAR–2009–0472. 

transportation sector’s contribution to 

nationwide GHG emissions. 

This temporary incentive program 

applies only for the model years 2012– 

2016 covered by this final rule. EPA will 

reassess the issue of how to address 

EVs, PHEVs, and FCVs in rulemakings 

for model years 2017 and beyond, based 

on the status of advanced technology 

vehicle commercialization, the status of 

upstream GHG emissions control 

programs, and other relevant factors. 

In the Joint Notice of Intent, EPA 

stated that ‘‘EPA is currently considering 

proposing additional credit 

opportunities to encourage the 

commercialization of advanced GHG/ 

fuel economy control technology such 

as electric vehicles and plug-in hybrid 

electric vehicles. These ‘super credits’ 

could take the form of a multiplier that 

would be applied to the number of 

vehicles sold such that they would 

count as more than one vehicle in the 

manufacturer’s fleet average.’’ 227

Following through, EPA proposed two 

mechanisms by which these vehicles 

would earn credits: (1) A zero grams/ 

mile compliance value for EVs, FCVs, 

and for PHEVs when operated on grid 

electricity, and (2) a vehicle multiplier 

in the range of 1.2 to 2.0.228

The zero grams/mile compliance 

value for EVs (and for PHEVs when 

operated on grid electricity, as well as 

for FCVs which involve similar 

upstream GHG issues with respect to 

hydrogen production) is an incentive 

that operates like a credit because, while 

it accurately accounts for tailpipe GHG 

emissions, it does not reflect the 

increase in upstream GHG emissions 

associated with the electricity used by 

EVs compared to the upstream GHG 

emissions associated with the gasoline 

or diesel fuel used by conventional 

vehicles.229 For example, based on GHG 

emissions from today’s national average 

electricity generation (including GHG 

emissions associated with feedstock 

extraction, processing, and 

transportation) and other key 

assumptions related to vehicle 

electricity consumption, vehicle 

charging losses, and grid transmission 

losses, a midsize EV might have an 

upstream GHG emissions of about 180 

grams/mile, compared to the upstream 

GHG emissions of a typical midsize 

gasoline car of about 60 grams/mile. 

Thus, the EV would cause a net 

upstream GHG emissions increase of 

about 120 grams/mile (in general, the 

net upstream GHG increase would be 

less for a smaller EV and more for a 

larger EV). The zero grams/mile 

compliance value provides an incentive 

because it is less than the 120 grams/ 

mile value that would fully account for 

the net increase in GHG emissions, 

counting upstream emissions.230 The 

net upstream GHG impact could change 

over time, of course, based on changes 

in electricity generation or gasoline 

production. 

The proposed vehicle multiplier 

incentive would also have operated like 

a credit as it would have allowed an EV, 

PHEV, or FCV to count as more than one 

vehicle in the manufacturer’s fleet 

average. For example, combining a 

multiplier of 2.0 with a zero grams/mile 

compliance value for an EV would 

allow that EV to be counted as two 

vehicles, each with a zero grams/mile 

compliance value, in the manufacturer’s 

fleet average calculations. In effect, a 

multiplier of 2.0 would double the 

overall credit associated with an EV, 

PHEV, or FCV. 

EPA explained in the proposal that 

the potential for large future emissions 

benefits from these technologies 

provides a strong reason for providing 

incentives at this time to promote their 

commercialization in the 2012–2016 

model years. At the same time, EPA 

acknowledged that the zero grams/mile 

compliance value did not account for 

increased upstream GHG emissions. 

EPA requested comment on providing 

some type of incentive, the 

appropriateness of both the zero grams/ 

mile and vehicle multiplier incentive 

mechanisms, and on any alternative 

approaches for addressing advanced 

technology vehicle incentives. EPA 

received many comments on these 

issues, which will be briefly 

summarized below. 

Although some environmental 

organizations and State agencies 

supported the principle of including 

some type of regulatory incentive 

mechanism, almost all of their 

comments were opposed to the 

combination of both the zero grams/mile 

compliance value and multipliers in the 

higher end of the proposed range of 1.2 

to 2.0. The California Air Resources 

Board stated that the proposed credits 

‘‘are excessive’’ and the Union of 

Concerned Scientists stated that it 

‘‘strongly objects’’ to the approach that 

lacks ‘‘technical justification’’ by not 

‘‘accounting for upstream emissions.’’ 

The Natural Resources Defense Council 

(NRDC) stated that the credits could 

‘‘undermine the emissions benefits of 

the program and will have the 

unintended consequence of slowing the 

development of conventional cleaner 

vehicle emission reduction technologies 

into the fleet.’’ NRDC, along with several 

other commenters who made the same 

point, cited an example based on 

Nissan’s public statements that it plans 

on producing up to 150,000 Nissan Leaf 

EVs in the near future at its plant in 

Smyrna, Tennessee.231 NRDC’s analysis 

showed that if EVs were to account for 

10% of Nissan’s car fleet in 2016, the 

combination of the zero grams/mile and 

2.0 multiplier would allow Nissan to 

make only relatively small 

improvements to its gasoline car fleet 

and still be in compliance. NRDC 

described a detailed methodology for 

calculating ‘‘true full fuel cycle 

emissions impacts’’ for EVs. The Sierra 

Club suggested that the zero grams/mile 

credit would ‘‘taint’’ EVs as the public 

comes to understand that these vehicles 

are not zero-GHG vehicles, and that the 

zero grams/mile incentive would allow 

higher gasoline vehicle GHG emissions. 

Most vehicle manufacturers were 

supportive of both the zero grams/mile 

compliance value and a higher vehicle 

multiplier. The Alliance of Automobile 

Manufacturers supported zero grams/ 

mile ‘‘since customers need to receive a 

clear signal that they have made the 

right choice by preferring an EV, PHEV, 

or EREV. * * * However, the Alliance 

recognizes the need for a comprehensive 

approach with shared responsibility in 

order to achieve an overall carbon 

reduction.’’ Nissan claimed that zero 

grams/mile is ‘‘legally required,’’ stating 

that EPA’s 2-cycle test procedures do 

not account for upstream GHG 

emissions, that accounting for upstream 

emissions from electric vehicles but not 

from other vehicles would be arbitrary, 

and that including upstream GHG 

would ‘‘disrupt the careful balancing 

embedded into the National Program.’’ 

Several other manufacturers, including 

Ford, Chrysler, Toyota, and Mitsubishi, 

also supported the proposed zero grams/ 

mile compliance value. BMW suggested 

a compliance value approach similar to 

mstockstill on DSKB9S0YB1PROD with RULES2

25436 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 

232EPA has adopted this strategy in several of its 

most recent and important mobile source 

rulemakings, such as its Tier 2 Light-Duty Vehicle, 

2007 Heavy-Duty Highway, and Tier 4 Nonroad 

Diesel rulemakings. 

233See Regulatory Impact Analysis, Appendix 

5.B. While it is, of course, impossible to predict the 

number of EVs, PHEVs, and FCVs that will be 

produced between 2012 and 2016 with absolute 

certainty, EPA believes that 500,000 ‘‘un-capped’’ 

EVs is an optimistic scenario. Fewer EVs, or a 

combination of 500,000 EVs and PHEVs, would 

lessen the short-term reduction in GHG benefits. 

Production of more than 500,000 ‘‘un-capped’’ EVs 

would increase the short-term reduction in GHG 

benefits. 

234Fundamental power train changes in the 

automotive market typically evolve slowly over 

time. For example, over ten years after the U.S. 

introduction of the first conventional hybrid 

electric vehicle, total hybrid sales are 

approximately 300,000 units per year. 

that used for CAFE compliance 

(described below), which would yield a 

very low, non-zero grams/mile 

compliance value. Honda opposed the 

zero grams/mile incentive. Honda 

suggested that EPA should fully account 

for upstream GHG and ‘‘should separate 

incentives and credits from the 

measurement of emissions.’’ 

Automakers universally supported 

higher multipliers, many higher than 

the maximum 2.0 level proposed by 

EPA. Honda suggested a multiplier of 

16.0 for FCVs. Mitsubishi supported the 

concept of larger, temporary incentives 

until advanced technology vehicle sales 

achieved a 10% market share. Finally, 

some commenters suggested that other 

technologies should also receive 

incentives, such as diesel vehicles, 

hydrogen-fueled internal combustion 

engines, and natural gas vehicles. 

Based on a careful consideration of 

these comments, EPA is modifying its 

proposed advanced technology vehicle 

incentive program for EVs, PHEVs, and 

FCVs produced in 2012–2016. EPA is 

not extending the program to include 

additional technologies at this time. The 

final incentive program, and our 

rationale for it, are described below. 

One, the incentive program retains the 

zero grams/mile value for EVs and 

FCVs, and for PHEVs when operated on 

grid electricity, subject to vehicle 

production caps discussed below. EPA 

acknowledges that, based on current 

electricity and hydrogen production 

processes, that EVs, PHEVs, and FCVs 

yield higher upstream GHG emissions 

than comparable gasoline vehicles. But 

EPA reiterates its support for 

temporarily rewarding advanced 

emissions control technologies by 

foregoing modest emissions reductions 

in the short term in order to lay the 

foundation for the potential for much 

larger emission reductions in the longer 

term.232 EPA notes that EVs, PHEVs, 

and FCVs are potential GHG ‘‘game 

changers’’ if major cost and consumer 

barriers can be overcome and if there is 

a nationwide transformation to lowGHG electricity (or hydrogen, in the 

case of FCVs). 

Although EVs and FCVs will have 

compliance values of zero grams/mile, 

PHEV compliance values will be 

determined by combining zero grams/ 

mile for grid electricity operation with 

the GHG emissions from the 2-cycle test 

results during operation on liquid fuel, 

and weighting these values by the 

percentage of miles traveled that EPA 

believes will be performed on grid 

electricity and on liquid fuel, which 

will vary for different PHEVs. EPA is 

currently considering different 

approaches for determining the 

weighting factor to be used in 

calculating PHEV GHG emissions 

compliance values. EPA will consider 

the work of the Society of Automotive 

Engineers Hybrid Technical Standards 

Committee, as well as other relevant 

factors. EPA will issue a final rule on 

this methodology by the fall of 2010, 

when EPA expects some PHEVs to 

initially enter the market. 

EPA agrees with the comments by the 

environmental organizations, States, 

and Honda that the zero grams/mile 

compliance value will reduce the 

overall GHG benefits of the program. 

However, EPA believes these reductions 

in GHG benefits will be relatively small 

based on the projected production of 

EVs, PHEVs, and FCVs during the 2012– 

2016 timeframe, along with the other 

changes that we are making in the 

incentive program. EPA believes this 

modest potential for reduction in nearterm emissions control is more than 

offset by the potential for very large 

future emissions reductions that 

commercialization of these technologies 

could promote. 

Two, the incentive program will not 

include any vehicle multipliers, i.e., an 

EV’s zero grams/mile compliance value 

will count as one vehicle in a 

manufacturer’s fleet average, not as 

more than one vehicle as proposed. EPA 

has concluded that the combination of 

the zero grams/mile and multiplier 

credits would be excessive. Compared 

to the maximum multiplier of 2.0 that 

EPA had proposed, dropping this 

multiplier reduces the aggregate impact 

of the overall credit program by a factor 

of two (less so for lower multipliers, of 

course). 

Three, EPA is placing a cumulative 

cap on the total production of EVs, 

PHEVs, and FCVs for which an 

individual manufacturer can claim the 

zero grams/mile compliance value 

during model years 2012–2016. The 

cumulative production cap will be 

200,000 vehicles, except those 

manufacturers that sell at least 25,000 

EVs, PHEVs, and FCVs in MY 2012 will 

have a cap of 300,000 vehicles for MY 

2012–2016. This higher cap option is an 

additional incentive for those 

manufacturers that take an early 

leadership role in aggressively and 

successfully marketing advanced 

technology vehicles. These caps are a 

second way to limit the potential GHG 

benefit losses associated with the 

incentive program and therefore are 

another response to the concerns that 

the proposed incentives were excessive 

and could significantly undermine the 

program’s GHG benefits. If, for example, 

500,000 EVs were produced in 2012– 

2016 that qualified for the zero grams/ 

mile compliance value, the loss in GHG 

benefits due to this program would be 

about 25 million metric tons, or less 

than 3 percent of the total projected 

GHG benefits of this program.233 The 

rationale for these caps is that the 

incentive for EVs, PHEVs, and FCVs is 

most critical when individual 

automakers are beginning to introduce 

advanced technologies in the market, 

and less critical once individual 

automakers have successfully achieved 

a reasonable market share and 

technology costs decline due to higher 

production volumes and experience. 

EPA believes that cap levels of 200,000– 

300,000 vehicles over a five model year 

period are reasonable, as production 

greater than this would indicate that the 

manufacturer has overcome at least 

some of the initial market barriers to 

these advanced technologies. Further, 

EPA believes that it is unlikely that 

many manufacturers will approach 

these cap levels in the 2012–2016 

timeframe.234

Production beyond the cumulative 

vehicle production cap for a given 

manufacturer in MY 2012–2016 would 

have its compliance values calculated 

according to a methodology that 

accounts in full for the net increase in 

upstream GHG emissions. For an EV, for 

example, this would involve: (1) 

Measuring the vehicle electricity 

consumption in watt-hours/mile over 

the 2-cycle test (in the example 

introduced earlier, a midsize EV might 

have a 2-cycle test electricity 

consumption of 230 watt-hours/mile), 

(2) adjusting this watt-hours/mile value 

upward to account for electricity losses 

during transmission and vehicle 

charging (dividing 230 watt-hours/mile 

by 0.93 to account for grid/transmission 

losses and by 0.90 to reflect losses 

during vehicle charging yields a value of 

275 watt-hours/mile), (3) multiplying 

the adjusted watt-hours/mile value by a 

mstockstill on DSKB9S0YB1PROD with RULES2

Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 25437 

235The nationwide average electricity upstream 

GHG emissions rate of 0.642 grams GHG/watt-hour 

was calculated from 2005 nationwide powerplant 

data for CO2, CH4, and N2O emissions from 

eGRID2007 (http://www.epa.gov/cleanenergy/ 

energy-resources/egrid/index.html), converting to 

CO2 -e using Global Warming Potentials of 25 for 

CH4 and 298 for N2O, and multiplying by a factor 

of 1.06 to account for GHG emissions associated 

with feedstock extraction, transportation, and 

processing (based on Argonne National Laboratory’s 

The Greenhouse Gases, Regulated Emissions, and 

Energy Use in Transportation (GREET) Model, 

Version 1.8c.0, available at http:// 

www.transportation.anl.gov/modeling_simulation/ 

GREET/). EPA Docket EPA–HQ–OAR–2009–0472. 

EPA recognizes that there are many issues involved 

with projecting the electricity upstream GHG 

emissions associated with future EV and PHEV use 

including, but not limited to, average vs marginal, 

daytime vs nighttime vehicle charging, geographical 

differences, and changes in future electricity 

feedstocks. EPA chose to use the 2005 national 

average value because it is known and 

documentable. Values appropriate for future vehicle 

use may be higher or lower than this value. EPA 

will reevaluate this value in future rulemakings. 

236A midsize gasoline vehicle with a footprint of 

45 square feet would have a MY 2016 GHG target 

of about 225 grams/mile; dividing 8887 grams CO2/ 

gallon of gasoline by 225 grams/mile yields an 

equivalent fuel economy level of 39.5 mpg; and 

dividing 2208 grams upstream GHG/gallon of 

gasoline by 39.5 mpg yields a midsize gasoline 

vehicle upstream GHG value of 56 grams/mile. The 

2208 grams upstream GHG/gallon of gasoline is 

calculated from 19,200 grams upstream GHG/ 

mmBtu (Renewable Fuel Standard Program, 

Regulatory Impact Analysis, Section 2.5.8, February 

2010) and multiplying by 0.115 mmBtu/gallon of 

gasoline. 

237Manufacturers can utilize alternate calculation 

methodologies if shown to yield equivalent or 

superior results and if approved in advance by the 

Administrator. 

238 65 FR 36987 (June 12, 2000). 

239Renewable Fuel Standard Program (RFS2), 

Regulatory Impact Analysis, Section 1.7.4, February 

2010. 

240 75 FR 14670 (March 26, 2010). 

nationwide average electricity upstream 

GHG emissions rate of 0.642 grams/ 

watt-hour at the powerplant 235 (275 

watt-hours/mile multiplied by 0.642 

grams GHG/watt-hour yields 177 grams/ 

mile), and 4) subtracting the upstream 

GHG emissions of a comparable midsize 

gasoline vehicle of 56 grams/mile to 

reflect a true net increase in upstream 

GHG emissions (177 grams/mile for the 

EV minus 56 grams/mile for the gasoline 

vehicle yields a net increase and EV 

compliance value of 121 grams/ 

mile).236 237 The full accounting 

methodology for the portion of PHEV 

operation on grid electricity would use 

this same approach. 

EPA projects that the aggregate impact 

of the incentive program on advanced 

technology vehicle GHG compliance 

values will be similar to the way 

advanced technologies are treated under 

DOT’s CAFE program. In the CAFE 

program, the mpg value for an EV is 

determined using a ‘‘petroleum 

equivalency factor’’ that has a 1/0.15 

factor built into it similar to the flexible 

fuel vehicle credit.238 For example, 

under current regulations, an EV with a 

2-cycle electricity consumption of 230 

watt-hours/mile would have a CAFE 

rating of about 360 miles per gallon, 

which would be equivalent to a gasoline 

vehicle GHG emissions value of 25 

grams/mile, which is close to EPA’s zero 

grams/mile for EV production that is 

below an individual automaker’s 

cumulative vehicle production cap. The 

exception would be if a manufacturer 

exceeded its cumulative vehicle 

production cap during MY 2012–2016. 

Then, the same EV would have a GHG 

compliance value of about 120 grams/ 

mile, which would be significantly 

higher than the 25 gram/mile implied by 

the 360 mile/gallon CAFE value. 

EPA disagrees with Nissan that 

excluding upstream GHGs is legally 

required under section 202(a)(1). In this 

rulemaking, EPA is adopting standards 

under section 202(a)(1), which provides 

EPA with broad discretion in setting 

emissions standards. This includes 

authority to structure the emissions 

standards in a way that provides an 

incentive to promote advances in 

emissions control technology. This 

discretion includes the adjustments to 

compliance values adopted in the final 

rule, the multipliers we proposed, and 

other kinds of incentives. EPA 

recognizes that we have not previously 

made adjustments to a compliance value 

to account for upstream emissions in a 

section 202(a) vehicle emissions 

standard, but that does not mean we do 

not have authority to do so in this case. 

In addition, EPA is not directly 

regulating upstream GHG emissions 

from stationary sources, but instead is 

deciding how much value to assign to 

a motor vehicle for purposes of 

compliance calculations with the motor 

vehicle standard. While the logical 

place to start is the emissions level 

measured under the test procedure, 

section 202(a)(1) does not require that 

EPA limit itself to only that level. For 

vehicles above the production volume 

cap described above, EPA will adjust 

the measured value to a level that 

reflects the net difference in upstream 

GHG emissions compared to a 

comparable conventional vehicle. This 

will account for the actual GHG 

emissions increase associated with the 

use of the EV. As shown above, 

upstream GHG emissions attributable to 

increased electricity production to 

operate EVs or PHEVs currently exceed 

the upstream GHG emissions 

attributable to gasoline vehicles. There 

is a rational basis for EPA to account for 

this net difference, as that best reflects 

the real world effect on the air pollution 

problem we are addressing. For vehicles 

above the cap, EPA is reasonably and 

fairly accounting for the incremental 

increase in upstream GHG emissions 

from both the electric vehicles and the 

conventional vehicles. EPA is not, as 

Nissan suggested, arbitrarily counting 

upstream emissions for electric vehicles 

but not for conventional fuel vehicles. 

EPA recognizes that every motor 

vehicle fuel and fuel production process 

has unique upstream GHG emissions 

impacts. EPA has discretion in this 

rulemaking under section 202(a) on 

whether to account for differences in net 

upstream GHG emissions relative to 

gasoline produced from oil, and intends 

to only consider upstream GHG 

emissions for those fuels that have 

significantly higher or lower GHG 

emissions impacts. At this time, EPA is 

only making such a determination for 

electricity, given that, as shown above 

in the example for a midsize car, 

electricity upstream GHG emissions are 

about three times higher than gasoline 

upstream GHG emissions. For example, 

the difference in upstream GHG 

emissions for both diesel fuel from oil 

and CNG from natural gas are relatively 

small compared to differences 

associated with electricity. Nor is EPA 

arbitrarily ignoring upstream GHG 

emissions of flexible fuel vehicles 

(FFVs) that can operate on E85. Data 

show that, on average, FFVs operate on 

gasoline over 99 percent of the time, and 

on E85 fuel less than 1 percent of the 

time.239 EPA’s recently promulgated 

Renewable Fuel Standard Program 

shows that, with respect to aggregate 

lifecycle emissions including nontailpipe GHG emissions (such as 

feedstock growth, transportation, fuel 

production, and land use), lifecycle 

emissions for ethanol from corn using 

advanced production technologies are 

about 20 percent less GHG than gasoline 

from oil.240 Given this difference, and 

that E85 is used in FFVs less than 1 

percent of the time, EPA has concluded 

that it is not necessary to adopt a more 

complicated upstream accounting for 

FFVs. Accordingly, EPA’s incentive 

approach here is both reasonable and 

authorized under section 202(a)(1). 

In summary, EPA believes that this 

program for MY 2012–2016 strikes a 

reasoned balance by providing a 

temporary regulatory incentive to help 

promote commercialization of advanced 

vehicle technologies which are potential 

game-changers, but which also face 

major barriers, while effectively 

minimizing potential GHG losses by 

dropping the proposed multiplier and 

adding individual automaker 

mstockstill on DSKB9S0YB1PROD with RULES2

25438 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 

241See final regulations at 40 CFR 86.1866–12(d). 

production volume caps. In the future, 

if there were a program to control utility 

GHG emissions, then these advanced 

technology vehicles have the potential 

to produce very large reductions in GHG 

emissions, and to transform the 

transportation sector’s contribution to 

nationwide GHG emissions. EPA will 

reassess the issue of how to address 

EVs, PHEVs, and FCVs in rulemakings 

for model years 2017 and beyond based 

on the status of advanced vehicle 

technology commercialization, the 

status of upstream GHG control 

programs, and other relevant factors. 

Finally, the criteria and definitions for 

what vehicles qualify for the advanced 

technology vehicle incentives are 

provided in Section III.E. These 

definitions for EVs, PHEVs, and FCVs 

ensure that only credible advanced 

technology vehicles are provided the 

incentives. 

4. Off-Cycle Technology Credits 

As proposed, EPA is adopting an 

optional credit opportunity intended to 

apply to new and innovative 

technologies that reduce vehicle CO2

emissions, but for which the CO2

reduction benefits are not significantly 

captured over the 2-cycle test procedure 

used to determine compliance with the 

fleet average standards (i.e., ‘‘offcycle’’).241 Eligible innovative 

technologies are those that are relatively 

newly introduced in one or more 

vehicle models, but that are not yet 

implemented in widespread use in the 

light-duty fleet. EPA will not approve 

credits for technologies that are not 

innovative or do not provide novel 

approaches to reducing greenhouse gas 

emissions. Manufacturers must obtain 

EPA approval for new and innovative 

technologies at the time of vehicle 

certification in order to earn credits for 

these technologies at the end of the 

model year. This approval must include 

the testing methodology to be used for 

quantifying credits. Further, any credits 

for these off-cycle technologies must be 

based on real-world GHG reductions not 

significantly captured on the current 2- 

cycle tests and verifiable test methods, 

and represent average U.S. driving 

conditions. 

Similar to the technologies used to 

reduce A/C system indirect CO2

emissions by increasing A/C efficiency, 

eligible technologies would not be 

primarily active during the 2-cycle test 

and therefore the associated 

improvements in CO2 emissions would 

not be significantly captured. Because 

these technologies are not nearly so well 

developed and understood, EPA is not 

prepared to consider them in assessing 

the stringency of the CO2 standards. 

However, EPA is aware of some 

emerging and innovative technologies 

and concepts in various stages of 

development with CO2 reduction 

potential that might not be adequately 

captured on the FTP or HFET. EPA 

believes that manufacturers should be 

able to generate credit for the emission 

reductions these technologies actually 

achieve, assuming these reductions can 

be adequately demonstrated and 

verified. Examples include solar panels 

on hybrids or electric vehicles, adaptive 

cruise control, and active aerodynamics. 

EPA believes it would be appropriate to 

provide an incentive to encourage the 

introduction of these types of 

technologies, that bona fide reductions 

from these technologies should be 

considered in determining a 

manufacturer’s fleet average, and that a 

credit mechanism is an effective way to 

do this. This optional credit opportunity 

would be available through the 2016 

model year. 

EPA received comments from a few 

manufacturers that the ‘‘new and 

innovative’’ criteria should be 

broadened. The commenters pointed out 

that there are technologies already in 

the marketplace that would provide 

emissions reductions off-cycle and that 

their use should be incentivized. One 

manufacturer suggested that off-cycle 

credits should be given for start-stop 

technologies. EPA does not agree that 

this technology, which EPA’s modeling 

projects will be widely used by 

manufacturers in meeting the CO2

standards, should qualify for off-cycle 

credits. Start-stop technology already 

achieves a significant CO2 benefit on the 

current 2-cycle tests, which is why 

many manufacturers have announced 

plans to adopt it across large segments 

of the fleet. EPA recognizes there may 

be additional benefits to start-stop 

technology beyond the 2-cycle tests 

(e.g., heavy idle use), and that this is 

likely the case for other technologies 

that manufacturers will rely on to meet 

the MY 2012–2016 standards. EPA 

plans to continue to assess the off-cycle 

potential for these technologies in the 

future. However, EPA does not believe 

that off-cycle credits should be granted 

for technologies which we expect 

manufacturers to rely on in widespread 

use throughout the fleet in meeting the 

CO2 standards. Such credits could lead 

to double counting, as there is already 

significant CO2 benefit over the 2-cycle 

tests. EPA expects that most if not all 

technologies that reduce CO2 emission 

on the 2-cycle test will also reduce CO2

emissions during the wide variety of inuse operation that is not directly 

captured in the 2-cycle test. This is no 

different than what occurs from the 

control technology on vehicles for 

criteria pollutants. We expect that the 

catalytic converter and other emission 

control technology will operate to 

reduce emissions throughout in-use 

driving, and not just when the vehicle 

is tested on the specified test procedure. 

The aim for this off-cycle credit 

provisions is to provide an incentive for 

technologies that normally would not be 

chosen as a GHG control strategy, as 

their GHG benefits are not measured on 

the specified 2-cycle test. It is not 

designed to provide credits for 

technology that does provide significant 

GHG benefits on the 2-cycle test and as 

expected will also typically provide 

GHG benefits in other kinds of 

operation. Thus, EPA is finalizing the 

‘‘new and innovative’’ criteria as 

proposed. That is, the potential to earn 

off-cycle credits will be limited to those 

technologies that are new and 

innovative, are introduced in only a 

limited number of vehicle models (i.e., 

not in widespread use), and are not 

captured on the current 2-cycle tests. 

This approach will encourage future 

innovation, which may lead to the 

opportunity for future emissions 

reductions. 

As proposed, manufacturers would 

quantify CO2 reductions associated with 

the use of the innovative off-cycle 

technologies such that the credits could 

be applied on a g/mile equivalent basis, 

as is the case with A/C system 

improvements. Credits must be based on 

real additional reductions of CO2

emissions and must be quantifiable and 

verifiable with a repeatable 

methodology. As proposed, 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 inuse deterioration over the useful life of 

the vehicle, the manufacturer must 

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. 

As discussed below, EPA is finalizing 

a two-tiered process for demonstrating 

the CO2 reductions of an innovative and 

novel technology with benefits not 

captured by the FTP and HFET test 

procedures. First, a manufacturer must 

determine whether the benefit of the 

technology could be captured using the 

5-cycle methodology currently used to 

determine fuel economy label values. 

EPA established the 5-cycle test 

mstockstill on DSKB9S0YB1PROD with RULES2

Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 25439 

242Fuel Economy Labeling of Motor Vehicles: 

Revisions to Improve Calculation of Fuel Economy 

Estimates; Final Rule (71 FR 77872, December 27, 

2006). 

methods to better represent real-world 

factors impacting fuel economy, 

including higher speeds and more 

aggressive driving, colder temperature 

operation, and the use of air 

conditioning. If this determination is 

affirmative, the manufacturer must 

follow the procedures described below 

(as codified in today’s rules). If the 

manufacturer finds that the technology 

is such that the benefit is not adequately 

captured using the 5-cycle approach, 

then the manufacturer would have to 

develop a robust methodology, subject 

to EPA approval, to demonstrate the 

benefit and determine the appropriate 

CO2 gram per mile credit. As discussed 

below, EPA is also providing 

opportunity for public comment as part 

of the approval process for such non-5- 

cycle credits. 

a. Technology Demonstration Using 

EPA 5-Cycle Methodology 

As noted above, the CO2 reduction 

benefit of some innovative technologies 

could be demonstrated using the 5-cycle 

approach currently used for EPA’s fuel 

economy labeling program. The 5-cycle 

methodology was finalized in EPA’s 

2006 fuel economy labeling rule,242

which provides a more accurate fuel 

economy label estimate to consumers 

starting with 2008 model year vehicles. 

In addition to the FTP and HFET test 

procedures, the 5-cycle approach folds 

in the test results from three additional 

test procedures to determine fuel 

economy. The additional test cycles 

include cold temperature operation, 

high temperature, high humidity and 

solar loading, and aggressive and highspeed driving; thus these tests could be 

used to demonstrate the benefit of a 

technology that reduces CO2 over these 

types of driving and environmental 

conditions. Using the test results from 

these additional test cycles collectively 

with the 2-cycle data provides a more 

precise estimate of the average fuel 

economy and CO2 emissions of a vehicle 

for both the city and highway 

independently. A significant benefit of 

using the 5-cycle methodology to 

measure and quantify the CO2

reductions is that the test cycles are 

properly weighted for the expected 

average U.S. operation, meaning that the 

test results could be used without 

further adjustments. 

EPA continues to believe that the use 

of these supplemental cycles may 

provide a method by which 

technologies not demonstrated on the 

baseline 2-cycles can be quantified and 

is finalizing this approach as proposed. 

The cold temperature FTP can capture 

new technologies that improve the CO2

performance of vehicles during colder 

weather operation. These improvements 

may be related to warm-up of the engine 

or other operation during the colder 

temperature. An example of such a new, 

innovative technology is a waste heat 

capture device that provides heat to the 

cabin interior, enabling additional 

engine-off operation during colder 

weather not previously enabled due to 

heating and defrosting requirements. 

The additional engine-off time would 

result in additional CO2 reductions that 

otherwise would not have been realized 

without the heat capture technology. 

Although A/C credits for efficiency 

improvements will largely be captured 

in the A/C credits provisions through 

the credit menu of known efficiency 

improving components and controls, 

certain new technologies may be able to 

use the high temperatures, humidity, 

and solar load of the SC03 test cycle to 

accurately measure their impact. An 

example of a new technology may be a 

refrigerant storage device that 

accumulates pressurized refrigerant 

during driving operation or uses 

recovered vehicle kinetic energy during 

deceleration to pressurize the 

refrigerant. Much like the waste heat 

capture device used in cold weather, 

this device would also allow additional 

engine-off operation while maintaining 

appropriate vehicle interior occupant 

comfort levels. SC03 test data measuring 

the relative impact of innovative A/Crelated technologies could be applied to 

the 5-cycle equation to quantify the CO2

reductions of the technology. 

The US06 cycle may be used to 

capture innovative technologies 

designed to reduce CO2 emissions 

during higher speed and more 

aggressive acceleration conditions, but 

not reflected on the 2-cycle tests. An 

example of this is an active 

aerodynamic technology. This 

technology recognizes the benefits of 

reduced aerodynamic drag at higher 

speeds and makes changes to the 

vehicle at those speeds. The changes 

may include active front or grill air 

deflection devices designed to redirect 

frontal airflow. Certain active 

suspension devices designed primarily 

to reduce aerodynamic drag by lowering 

the vehicle at higher speeds may also be 

measured on the US06 cycle. To 

properly measure these technologies on 

the US06, the vehicle would require 

unique load coefficients with and 

without the technologies. The different 

load coefficient (properly weighted for 

the US06 cycle) could effectively result 

in reduced vehicle loads at the higher 

speeds when the technologies are active. 

Similar to the previously discussed 

cycles, the results from the US06 test 

with and without the technology could 

then use the 5-cycle methodology to 

quantify CO2 reductions. 

If the 5-cycle procedures can be used 

to demonstrate the innovative 

technology, then the regulatory 

evaluation/approval process will be 

relatively simple. The manufacturer will 

simply test vehicles with and without 

the technology installed or operating 

and compare results. All 5-cycles must 

be tested with the technology enabled 

and disabled, and the test results will be 

used to calculate a combined city/ 

highway CO2 value with the technology 

and without the technology. These 

values will then be compared to 

determine the amount of the credit; the 

combined city/highway CO2 value with 

the technology operating will be 

subtracted from the combined city/ 

highway CO2 value without the 

technology operating to determine the 

gram per mile CO2 credit. It is likely that 

multiple tests of each of the five test 

procedures will need to be performed in 

order to achieve the necessary strong 

degree of statistical significance of the 

credit determination results. This will 

have to be done for each model type for 

which a credit is sought, unless the 

manufacturer could demonstrate that 

the impact of the technology was 

independent of the vehicle 

configuration on which it was installed. 

In this case, EPA may consider allowing 

the test to be performed on an engine 

family basis or other grouping. At the 

end of the model year, the manufacturer 

will determine the number of vehicles 

produced subject to each credit amount 

and report that to EPA in the final 

model year report. The gram per mile 

credit value determined with the 5-cycle 

comparison testing will be multiplied 

by the total production of vehicles 

subject to that value to determine the 

total number of credits. 

EPA received a few comments 

regarding the 5-cycle approach. While 

not commenting directly on the 5-cycle 

testing methodology, the Alliance raised 

general concerns that the proposed 

approach did not offer manufacturers 

enough certainty with regard to credit 

applications and testing in order to take 

advantage of the credits. The Alliance 

further commented that the proposal 

did not provide a level playing field to 

all manufacturers in terms of possible 

credit availability. The Alliance 

recommended that rather than 

attempting to quantify CO2 reductions 

with a prescribed test procedure on 

unknown technologies, EPA should 

mstockstill on DSKB9S0YB1PROD with RULES2

25440 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 

243See final regulations at 40 CFR 86.1867–12. 

handle credit applications and testing 

guidelines via future guidance letters, as 

technologies emerge and are developed. 

EPA believes that 5-cycle testing 

methodology is one clear and objective 

way to demonstrate certain off-cycle 

emissions control technologies, as 

discussed above. It provides certainty 

with regard to testing, and is available 

for all manufacturers. As discussed 

below, there are also other options for 

manufactures where the 5-cycle test is 

not appropriate. EPA is retaining this as 

a primary methodology for determining 

off-cycle credits. For technologies not 

able to be demonstrated on the 5-cycle 

test, EPA is finalizing an approach that 

will include a public comment 

opportunity, as discussed below, which 

we believe addresses commenter 

concerns regarding maintaining a level 

playing field. 

b. Alternative Off-Cycle Credit 

Methodologies 

As proposed, in cases where the 

benefit of a technological approach to 

reducing CO2 emissions can not be 

adequately represented using existing 

test cycles, manufacturers will need to 

develop test procedures and analytical 

approaches to estimate the effectiveness 

of the technology for the purpose of 

generating credits. As discussed above, 

the first step must be a thorough 

assessment of whether the 5-cycle 

approach can be used to demonstrate a 

reduction in emissions. If EPA 

determines that the 5-cycle process is 

inadequate for the specific technology 

being considered by the manufacturer 

(i.e., the 5-cycle test does not 

demonstrate any emissions reductions), 

then an alternative approach may be 

developed and submitted to EPA for 

approval. The demonstration program 

must be robust, verifiable, and capable 

of demonstrating the real-world 

emissions benefit of the technology with 

strong statistical significance. 

The CO2 benefit of some technologies 

may be able to be demonstrated with a 

modeling approach, using engineering 

principles. An example would be where 

a roof solar panel is used to charge the 

on-board vehicle battery. The amount of 

potential electrical power that the panel 

could supply could be modeled for 

average U.S. conditions and the units of 

electrical power could be translated to 

equivalent fuel energy or annualized 

CO2 emission rate reduction from the 

captured solar energy. The CO2

reductions from other technologies may 

be more challenging to quantify, 

especially if they are interactive with 

the driver, geographic location, 

environmental condition, or other 

aspect related to operation on actual 

roads. In these cases, manufacturers 

might have to design extensive on-road 

test programs. Any such on-road testing 

programs would need to be statistically 

robust and based on average U.S. 

driving conditions, factoring in 

differences in geography, climate, and 

driving behavior across the U.S. 

Whether the approach involves onroad testing, modeling, or some other 

analytical approach, the manufacturer 

will be required to present a proposed 

methodology to EPA. EPA will approve 

the methodology and credits only if 

certain criteria are met. Baseline 

emissions and control emissions must 

be clearly 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 analytical approach must be 

robust, verifiable, and capable of 

demonstrating the real-world emissions 

benefit with strong statistical 

significance. Data must be on a vehicle 

model-specific basis unless a 

manufacturer demonstrated model 

specific data was not necessary. 

Approval of the approach to 

determining a CO2 benefit will not 

imply approval of the results of the 

program or methodology; when the 

testing, modeling, or analyses are 

complete the results will likewise be 

subject to EPA review and approval. 

EPA believes that manufacturers could 

work together to develop testing, 

modeling, or analytical methods for 

certain technologies, similar to the SAE 

approach used for A/C refrigerant 

leakage credits. 

In addition, EPA received several 

comments recommending that the 

approval process include an 

opportunity for public comment. As 

noted above, some manufacturers are 

concerned that there be a level playing 

field in terms of all manufacturers 

having a reasonable opportunity to earn 

credits under an approved approach. 

Commenters also want an opportunity 

for input in the methodology to ensure 

the accuracy of credit determinations for 

these technologies. Commenters point 

out that there are a broad number of 

stakeholders with experience in the 

issues pertaining to the technologies 

that could add value in determining the 

most appropriate method to assess these 

technologies’ performance. EPA agrees 

with these comments and is including 

an opportunity for public comment as 

part of the approval process. If and 

when EPA receives an application for 

off-cycle credits using an alternative 

non 5-cycle methodology, EPA will 

publish a notice of availability in the 

Federal Register with instructions on 

how to comment on draft off-cycle 

credit methodology. The public 

information available for review will 

focus on the methodology for 

determining credits but the public 

review obviously is limited to nonconfidential business information. The 

timing for final approval will depend on 

the comments received. EPA also 

believes that a public review will 

encourage manufacturers to be thorough 

in their preparation prior to submitting 

their application for credits to EPA for 

approval. EPA will take comments into 

consideration, and where appropriate, 

work with the manufacturer to modify 

their approach prior to approving any 

off-cycle credits methodology. EPA will 

give final notice of its determination to 

the general public as well as the 

applicant. Off-cycle credits would be 

available in the model year following 

the final approval. Thus, it will be 

imperative for a manufacturer pursuing 

this option to begin the process as early 

as possible. 

EPA also received comments that the 

off-cycle credits highlights the 

inadequacy of current test procedures, 

and that there is a clear need for 

updated certification test procedures. As 

discussed in Section III. B., EPA 

believes the current test procedures are 

adequate for implementing the 

standards finalized today. However, 

EPA is interested in improving test 

procedures in the future and believes 

that the off-cycle credits program has 

the potential to provide useful data and 

insights both for the 5-cycle test 

procedures and also other test 

procedures that capture off-cycle 

emissions. 

5. Early Credit Options 

EPA is finalizing a program to allow 

manufacturers to generate early credits 

in model years 2009–2011.243 As 

described below, credits may be 

generated through early additional fleet 

average CO2 reductions, early A/C 

system improvements, early advanced 

technology vehicle credits, and early 

off-cycle credits. As with other credits, 

early credits are subject to a five year 

carry-forward limit based on the model 

year in which they are generated. 

Manufacturers may transfer early credits 

between vehicle categories (e.g., 

between the car and truck fleet). With 

the exception of MY 2009 early program 

credits, as discussed below, a 

manufacturer may trade other early 

credits to other manufacturers without 

limits. The agencies note that CAFE 

credits earned in MYs prior to MY 2011 

will still be available to manufacturers 

mstockstill on DSKB9S0YB1PROD with RULES2

Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 25441 

244CAA 177 states refers to states that have 

adopted the California GHG standards. At present, 

there are thirteen CAA 177 states: New York, 

Massachusetts, Maryland, Vermont, Maine, 

Connecticut, Arizona, New Jersey, New Mexico, 

Oregon, Pennsylvania, Rhode Island, Washington, 

as well as Washington, DC. 

for use in the CAFE program in 

accordance with applicable regulations. 

EPA is not adopting certification, 

compliance, or in-use requirements for 

vehicles generating early credits. Since 

manufacturers are already certifying MY 

2010 and in some cases even MY 2011 

vehicles, doing so would make 

certification, compliance, and in-use 

requirements unworkable. As discussed 

below, manufacturers are required to 

submit an early credits report to EPA for 

approval no later than 90 days after the 

end of MY 2011. This report must 

include details on all early credits the 

manufacturer generates, why the credits 

are bona fide, how they are quantified, 

and how they can be verified. 

a. Credits Based on Early Fleet Average 

CO2 Reductions 

As proposed, EPA is finalizing 

opportunities for early credit generation 

in MYs 2009–2011 through overcompliance with a fleet average CO2

baseline established by EPA. EPA is 

finalizing four pathways for doing so. In 

order to generate early CO2 credits, 

manufacturers must select one of the 

four paths for credit generation for the 

entire three year period and may not 

switch between pathways for different 

model years. For two pathways, EPA is 

establishing the baseline equivalent to 

the California standards for the relevant 

model year. Generally, manufacturers 

that over-comply with those CARB 

standards would earn credits. Two 

additional pathways, described below, 

include credits based on overcompliance with CAFE standards in 

states that have not adopted the 

California standards. 

EPA received comments from 

manufacturers in support of the early 

credits program as a necessary 

compliance flexibility. The Alliance 

commented that the early credits reward 

manufacturers for providing fleet 

performance that exceeds California and 

Federal standards and do not result in 

a windfall. AIAM commented that early 

credits are essential to assure the 

feasibility of the proposed standards 

and the need for such credits must be 

evaluated in the context of the dramatic 

changes the standards will necessitate 

in vehicle design and the current 

economic environment in which 

manufacturers are called upon to make 

the changes. Manufacturers also 

supported retaining all four pathways, 

commenting that eliminating pathways 

would diminish the flexibility of the 

program. EPA also received comments 

from many environmental organizations 

and states that the program would 

provide manufacturers with windfall 

credits because manufacturers will not 

have to take any steps to earn credits 

beyond those that are already planned 

and in some cases implemented. These 

commenters were particularly 

concerned that the California truck 

standards in MY 2009 are not as 

stringent as CAFE, so overcompliance 

with the California standards could be 

a windfall in MY 2009, and possibly 

even MY 2010. These commenters 

supported an early credits program 

based on overcompliance with the more 

stringent of either the CAFE or 

California standards in any given year. 

EPA is retaining the early credits 

program because EPA judges that they 

are not windfall credits, and 

manufacturers in some cases have 

reasonably relied on the availability of 

these credits, and have based early 

model year compliance strategies on 

their availability so that the credits are 

needed to provide adequate lead for the 

initial years of the program. However, as 

discussed below, EPA is restricting 

credit trading for MY 2009 credits 

earned under the California-based 

pathways. 

Manufacturers selecting Pathway 1 

will generate credits by over-complying 

with the California equivalent baseline 

established by EPA over the 

manufacturer’s fleet of vehicles sold 

nationwide. Manufacturers selecting 

Pathway 2 will generate credits against 

the California equivalent baseline only 

for the fleet of vehicles sold in 

California and the CAA section 177 

states.244 This approach includes all 

CAA 177 states as of the date of 

promulgation of the Final Rule in this 

proceeding. Manufacturers are required 

to include both cars and trucks in the 

program. Under Pathways 1 and 2, EPA 

is requiring manufacturers to cover any 

deficits incurred against the baseline 

levels established by EPA during the 

three year period 2009–2011 before 

credits can be carried forward into the 

2012 model year. For example, a deficit 

in 2011 would have to be subtracted 

from the sum of credits earned in 2009 

and 2010 before any credits could be 

applied to 2012 (or later) model year 

fleets. EPA is including this provision to 

help ensure the early credits generated 

under this program are consistent with 

the credits available under the 

California program during these model 

years. In its comments, California 

supported such an approach. 

Table III.C.5–1 provides the California 

equivalent baselines EPA is finalizing to 

be used as the basis for CO2 credit 

generation under the California-based 

pathways. These are the California GHG 

standards for the model years shown. 

EPA proposed to adjust the California 

standards by 2.0 g/mile to account for 

the exclusion of N2O and CH4, which 

are included in the California GHG 

standards, but not included in the 

credits program. EPA received 

comments from one manufacturer that 

this adjustment is in error and should 

not be made. The commenter noted that 

EPA already includes total 

hydrocarbons in the carbon balance 

determination of carbon related exhaust 

emissions and therefore already 

accounts for CH4. EPA also includes CO 

in the carbon related exhaust emissions 

determination which acts to offset the 

need for an N20 adjustment. The 

commenter noted that THC and CO add 

about 0.8 to 3.0 g/mile to the 

determination of carbon related 

emissions and therefore EPA should not 

make the 2.0g/mile adjustment. The 

commenter is correct, and therefore the 

final levels shown in the table below are 

2.0 g/mile higher than proposed. These 

comments are further discussed in the 

Response to Comments document. 

Manufacturers will generate CO2 credits 

by achieving fleet average CO2 levels 

below these baselines. As shown in the 

table, the California-based early credit 

pathways are based on the California 

vehicle categories. Also, the Californiabased baseline levels are not footprintbased, but universal levels that all 

manufacturers would use. 

Manufacturers will need to achieve fleet 

levels below those shown in the table in 

order to earn credits, using the 

California vehicle category definitions. 

mstockstill on DSKB9S0YB1PROD with RULES2

25442 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 

245See Section 6.6.E, California Environmental 

Protection Agency Air Resources Board, Staff 

Report: Initial Statement of Reasons For Proposed 

Rulemaking, Public Hearing to Consider Adoption 

of Regulations to Control Greenhouse Gas 

Emissions From Motor Vehicles, August 6, 2004. 

TABLE III.C.5–1—CALIFORNIA EQUIVALENT BASELINES CO2 EMISSIONS LEVELS FOR EARLY CREDIT GENERATION

Model year 

Passenger cars and light 

trucks with an LVW of 

0–3,750 lbs 

Light trucks with a LVW 

of 3,751 or more and a 

GVWR of up to 

8,500 lbs plus medium-duty 

passenger vehicles 

2009 ......................................................................................................................... 323 439 

2010 ......................................................................................................................... 301 420 

2011 ......................................................................................................................... 267 390 

Manufacturers using Pathways 1 or 2 

above will use year-end car and truck 

sales in each category. Although 

production data is used for the program 

starting in 2012, EPA is using sales data 

for the early credits program in order to 

apportion vehicles by State. This is 

described further below. Manufacturers 

must calculate actual fleet average 

emissions over the appropriate vehicle 

fleet, either for vehicles sold nationwide 

for Pathway 1, or California plus 177 

states sales for Pathway 2. Early CO2

credits are based on the difference 

between the baseline shown in the table 

above and the actual fleet average 

emissions level achieved. Any early A/ 

C credits generated by the manufacturer, 

described below in Section III.C.5.b, 

will be included in the fleet average 

level determination. In model year 2009, 

the California CO2 standard for cars (323 

g/mi CO2) is equivalent to 323 g/mi CO2, 

and the California light-truck standard 

(437 g/mi CO2) is less stringent than the 

equivalent CAFE standard, recognizing 

that there are some differences between 

the way the California program and the 

CAFE program categorize vehicles. 

Manufacturers are required to show that 

they over comply over the entire three 

model year time period, not just the 

2009 model year, to generate early 

credits under either Pathways 1, 2 or 3. 

A manufacturer cannot use credits 

generated in model year 2009 unless 

they offset any debits from model years 

2010 and 2011. 

EPA received comments that this 

approach will provide windfall credits 

to manufacturers because the MY 2009 

California light truck standards are less 

stringent than the corresponding CAFE 

standards. While this could be accurate 

if credits were based on performance in 

just MY 2009, that is not how credits are 

determined. Credits are based on the 

performance over a three model year 

period, MY 2009–2011. As noted in the 

proposal, EPA expects that the 

requirement to over comply over the 

entire time period covering these three 

model years should mean that the 

credits that are generated are real and 

are in excess of what would have 

otherwise occurred. However, because 

of the circumstances involving the 2009 

model year, in particular for companies 

with significant truck sales, there is 

some concern that under Pathways 1, 2, 

and 3, there is a potential for a large 

number of credits generated in 2009 

against the California standard, in 

particular for a number of companies 

who have significantly over-achieved on 

CAFE in recent model years. Some 

commenters were very concerned about 

this issue and commented in support of 

restricting credit trading between firms 

of MY 2009 credits based on the 

California program. EPA requested 

comments on this approach and is 

finalizing this credit trading restriction 

based on continued concerns regarding 

the issue of windfall credits. EPA wants 

to avoid a situation where, contrary to 

expectation, some part of the early 

credits generated by a manufacturer are 

in fact not excess, where companies 

could trade such credits to other 

manufacturers, risking a delay in the 

addition of new technology across the 

industry from the 2012 and later EPA 

CO2 standards. Therefore, 

manufacturers selecting Pathways 1, 2, 

or 3 will not be allowed to trade any MY 

2009 credits that they may generate. 

Commenters also recommended 

basing credits on the more stringent of 

the standards between CAFE and CARB, 

which for MY 2009, would be the CAFE 

standards. However, EPA believes that 

this would not be necessary in light of 

the credit provisions requiring 

manufacturers choosing the California 

based pathways to use the California 

pathway for all three MYs 2009–2011, 

and the credit trading restrictions for 

MY 2009 discussed above. 

In addition, for Pathways 1 and 2, 

EPA is allowing manufacturers to 

include alternative compliance credits 

earned per the California alternative 

compliance program.245 These 

alternative compliance credits are based 

on the demonstrated use of alternative 

fuels in flex fuel vehicles. As with the 

California program, the credits are 

available beginning in MY 2010. 

Therefore, these early alternative 

compliance credits are available under 

EPA’s program for the 2010 and 2011 

model years. FFVs are otherwise 

included in the early credit fleet average 

based on their emissions on the 

conventional fuel. This does not apply 

to EVs and PHEVs. The emissions of 

EVs and PHEVs are to be determined as 

described in Section III.C.3. 

Manufacturers may choose to either 

include their EVs and PHEVs in one of 

the four pathways described in this 

section or under the early advanced 

technology emissions credits described 

below, but not both due to issues of 

credit double counting. 

EPA is also finalizing two additional 

early credit pathways manufacturers 

could select. Pathways 3 and 4 

incorporate credits based on overcompliance with CAFE standards for 

vehicles sold outside of California and 

CAA 177 states in MY 2009–2011. 

Pathway 3 allows manufacturers to earn 

credits as under Pathway 2, plus earn 

CAFE-based credits in other states. 

Credits may not be generated for cars 

sold in California and CAA 177 states 

unless vehicle fleets in those states are 

performing better than the standards 

which otherwise would apply in those 

states, i.e., the baselines shown in Table 

III.C.5–1 above. 

Pathway 4 is for manufacturers 

choosing to forego California-based 

early credits entirely and earn only 

CAFE-based credits outside of California 

and CAA 177 states. Manufacturers may 

not include FFV credits under the 

CAFE-based early credit pathways since 

those credits do not automatically 

reflect actual reductions in CO2

emissions. 

The baselines for CAFE-based early 

pathways are provided in Table III.C.5– 

2 below. They are based on the CAFE 

standards for the 2009–2011 model 

years. For CAFE standards in 2009–2011 

model years that are footprint-based, the 

baseline would vary by manufacturer. 

Footprint-based standards are in effect 

for the 2011 model year CAFE 

mstockstill on DSKB9S0YB1PROD with RULES2

Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 25443 

246 74 FR 14196, March 30, 2009. 247 62 FR 31211, June 6, 1997. 248 62 FR 31212, June 6, 1997. 

standards.246 Additionally, for Reform 

CAFE truck standards, footprint 

standards are optional for the 2009– 

2010 model years. Where CAFE 

footprint-based standards are in effect, 

manufacturers will calculate a baseline 

using the footprints and sales of 

vehicles outside of California and CAA 

177 states. The actual fleet CO2

performance calculation will also only 

include the vehicles sold outside of 

California and CAA 177 states, and as 

mentioned above, may not include FFV 

credits. 

TABLE III.C.5–2—CAFE EQUIVALENT BASELINES CO2 EMISSIONS LEVELS FOR EARLY CREDIT GENERATION

Model year Cars Trucks 

2009 .................................................................... 323 ................................................................... 381 * 

2010 .................................................................... 323 ................................................................... 376 * 

2011 .................................................................... Footprint-based standard ................................. Footprint-based standard. 

* Must be footprint-based standard for manufacturers selecting footprint option under CAFE. 

For the CAFE-based pathways, EPA is 

using the NHTSA car and truck 

definitions that are in place for the 

model year in which credits are being 

generated. EPA understands that the 

NHTSA definitions change starting in 

the 2011 model year, and therefore 

changes part way through the early 

credits program. EPA further recognizes 

that medium-duty passenger vehicles 

(MDPVs) are not part of the CAFE 

program until the 2011 model year, and 

therefore are not part of the early credits 

calculations for 2009–2010 under the 

CAFE-based pathways. 

Pathways 2 through 4 involve 

splitting the vehicle fleet into two 

groups, vehicles sold in California and 

CAA 177 states and vehicles sold 

outside of these states. This approach 

requires a clear accounting of location of 

vehicle sales by the manufacturer. EPA 

believes it will be reasonable for 

manufacturers to accurately track sales 

by State, based on its experience with 

the National Low Emissions Vehicle 

(NLEV) Program. NLEV required 

manufacturers to meet separate fleet 

average standards for vehicles sold in 

two different regions of the country.247

As with NLEV, the determination is to 

be based on where the completed 

vehicles are delivered as a point of first 

sale, which in most cases would be the 

dealer.248

As noted above, manufacturers 

choosing to generate early CO2 credits 

must select one of the four pathways for 

the entire early credits program and 

would not be able to switch among 

them. Manufacturers must submit their 

early credits report to EPA when they 

submit their final CAFE report for MY 

2011 (which is required to be submitted 

no later than 90 days after the end of the 

model year). Manufacturers will have 

until then to decide which pathway to 

select. This gives manufacturers enough 

time to determine which pathway works 

best for them. This timing may be 

necessary in cases where manufacturers 

earn credits in MY 2011 and need time 

to assess data and prepare an early 

credits submittal for final EPA approval. 

The table below provides a summary 

of the four fleet average-based CO2 early 

credit pathways EPA is finalizing: 

TABLE III.C.5–3—SUMMARY OF EARLY FLEET AVERAGE CO2 CREDIT PATHWAYS

Common Elements ............................................................. —Manufacturers select a pathway. Once selected, may not switch among pathways. 

—All credits subject to 5 year carry-forward restrictions. 

—For Pathways 2–4, vehicles apportioned by State based on point of first sale. 

Pathway 1: California-based Credits for National Fleet .... —Manufacturers earn credits based on fleet average emissions compared with California equivalent baseline set by EPA. 

—Based on nationwide CO2 sales-weighted fleet average. 

—Based on use of California vehicle categories. 

—FFV alternative compliance credits per California program may be included. 

—Once in the program, manufacturers must make up any deficits that are incurred 

prior to 2012 in order to carry credits forward to 2012 and later. 

Pathway 2: California-based Credits for vehicles sold in 

California plus CAA 177 States.

—Same as Pathway 1, but manufacturers only includes vehicles sold in California 

and CAA 177 states in the fleet average calculation. 

Pathway 3: Pathway 2 plus CAFE-based Credits outside 

of California plus CAA 177 States.

—Manufacturer earns credits as provided by Pathway 2: California-based credits for 

vehicles sold in California plus CAA 177 States, plus: 

—CAFE-based credits allowed for vehicles sold outside of California and CAA 177 

states. 

—For CAFE-based credits, manufacturers earn credits based on fleet average emissions compared with baseline set by EPA. 

—CAFE-based credits based on NHTSA car and truck definitions. 

—FFV credits not allowed to be included for CAFE-based credits. 

Pathway 4: Only CAFE-based Credits outside of California plus CAA 177 States.—Manufacturer elects to only earn CAFE-based credits for vehicles sold outside of 

California and CAA 177 states. Earns no California and 177 State credits. 

—For CAFE-based credits, manufacturers earn credits based on fleet average emissions compared with baseline set by EPA. 

—CAFE-based credits based on NHTSA car and truck definitions. 

—FFV credits not allowed to be included for CAFE-based credits. 

mstockstill on DSKB9S0YB1PROD with RULES2

25444 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 

b. Early A/C Credits 

As proposed, EPA is finalizing 

provisions allowing manufacturers to 

earn early A/C credits in MYs 2009– 

2011 using the same A/C system designbased EPA provisions being finalized for 

MYs commencing in 2012, as described 

in Section III.C.1, above. Manufacturers 

will be able to earn early A/C CO2- 

equivalent credits by demonstrating 

improved A/C system performance, for 

both direct and indirect emissions. To 

earn credits for vehicles sold in 

California and CAA 177 states, the 

vehicles must be included in one of the 

California-based early credit pathways 

described above in III.C.5.a. EPA is 

finalizing this constraint in order to 

avoid credit double counting with the 

California program in place in those 

states, which also allows A/C system 

credits in this time frame. 

Manufacturers must fold the A/C credits 

into the fleet average CO2 calculations 

under the California-based pathway. For 

example, the MY 2009 California-based 

program car baseline would be 323 

g/mile (see Table III.C.5–1). If a 

manufacturer under Pathway 1 had a 

MY 2009 car fleet average CO2 level of 

320 g/mile and then earned an 

additional 12 g/mile CO2-equivalent 

A/C credit, the manufacturers would 

earn a total of 10 g/mile of credit. 

Vehicles sold outside of California and 

177 states would be eligible for the early 

A/C credits whether or not the 

manufacturers participate in other 

aspects of the early credits program. The 

early A/C credits for vehicles sold 

outside of California and 177 states are 

based on the NHTSA vehicle categories 

established for the model year in which 

early A/C credits are being earned. 

c. Early Advanced Technology Vehicle 

Incentive 

As discussed in Section III.C.3, above, 

EPA is finalizing an incentive for sales 

of advanced technology vehicles 

including EVs, PHEVs, and fuel cell 

vehicles. EPA is not including a 

multiplier for these vehicles. However, 

EPA is allowing the use of the 0 g/mile 

value for electricity operation for up to 

200,000 vehicles per manufacturer (or 

300,000 vehicles for any manufacturer 

that sells 25,000 or more advanced 

technology vehicles in MY 2012). EPA 

believes that providing an incentive for 

the sales of such vehicles prior to MY 

2012 is consistent with the goal 

encouraging the introduction of such 

vehicles as early as possible. Therefore, 

manufacturers may use the 0 g/mile 

value for vehicles sold in MY 2009– 

2011 consistent with the approach being 

finalized for MY 2012–2016. Any 

vehicles sold prior to MY 2012 under 

these provisions must be counted 

against the cumulative sales cap of 

200,000 (or 300,000, if applicable) 

vehicles. Manufacturers selling such 

vehicles in MY 2009–2011 have the 

option of either folding them into the 

early credits calculation under 

Pathways 1 through 4 described in 

III.C.5.a above, or tracking the sales of 

these vehicles separately for use in their 

fleetwide average compliance 

calculation in MY 2012 or later years, 

but may not do both as this would lead 

to double counting. Manufacturers 

tracking the sales of vehicles not folded 

into Pathways 1–4, may choose to use 

the vehicle counts along with the 

0 g/mi emissions value (up to the 

applicable vehicle sales cap) to comply 

with 2012 or later standards. For 

example, if a manufacturer sells 1,000 

EVs in MY 2011, the manufacturer 

would then be able to include 1,000 

vehicles at 0 g/mile in their MY 2012 

fleet to decrease the fleet average for 

that model year. Again, these 1,000 

vehicles would be counted against the 

cumulative cap of 200,000 or 300,000, 

as applicable, vehicles. Also, these 

1,000 EVs would not be included in the 

early credit pathways discussed above 

in Section III.C.5.a, otherwise the 

vehicles would be double counted. As 

with early credits, these early advanced 

technology vehicles will be tracked by 

model year (2009, 2010, or 2011) and 

subject to the 5-year carry-forward 

restrictions. 

d. Early Off-Cycle Credits 

EPA’s is finalizing off-cycle 

innovative technology credit provisions, 

as described in Section III.C.4. EPA 

requested comment on beginning these 

credits in the 2009–2011 time frame, 

provided manufacturers are able to 

make the necessary demonstrations 

outlined in Section III.C.4, above. EPA 

is finalizing this approach for early offcycle credits as a way to encourage 

innovation to lower emissions as early 

as possible, including the requirements 

for public review described in Section 

III.C.4. Upon EPA approval of a 

manufacturer’s application for credits, 

the credits may be earned retroactively. 

EPA did not receive comments 

specifically on early off-cycle credits. 

D. Feasibility of the Final CO2

Standards 

This final rule is based on the need to 

obtain significant GHG emissions 

reductions from the transportation 

sector, and the recognition that there are 

cost-effective technologies to achieve 

such reductions for MY 2012–2016 

vehicles. As in many prior mobile 

source rulemakings, the decision on 

what standard to set is largely based on 

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 standards derived from 

assessing these factors are also 

evaluated in terms of the need for 

reductions of greenhouse gases, the 

degree of reductions achieved by the 

standards, and the impacts of the 

standards in terms of costs, quantified 

benefits, and other impacts of the 

standards. The availability of 

technology to achieve reductions and 

the cost and other aspects of this 

technology are therefore a central focus 

of this rulemaking. 

EPA is taking the same basic approach 

in this rulemaking, although the 

technological problems and solutions 

involved in this rulemaking differ in 

some ways from prior mobile source 

rulemakings. Here, the focus of the 

emissions control technology is on 

reducing CO2 and other greenhouse 

gases. Vehicles combust fuel to perform 

two basic functions: (1) To transport the 

vehicle, its passengers and its contents 

(and any towed loads), and (2) to 

operate various accessories during the 

operation of the vehicle such as the air 

conditioner. Technology can reduce CO2

emissions by either making more 

efficient use of the energy that is 

produced through combustion of the 

fuel or reducing the energy needed to 

perform either of these functions. 

This focus on efficiency calls for 

looking at the vehicle as an entire 

system, and the proposed and now final 

standards reflect this basic paradigm. In 

addition to fuel delivery, combustion, 

and aftertreatment technology, any 

aspect of the vehicle that affects the 

need to produce energy must also be 

considered. For example, the efficiency 

of the transmission system, which takes 

the energy produced by the engine and 

transmits it to the wheels, and the 

resistance of the tires to rolling both 

have major impacts on the amount of 

fuel that is combusted while operating 

the vehicle. The braking system, the 

aerodynamics of the vehicle, and the 

efficiency of accessories, such as the air 

conditioner, all affect how much fuel is 

combusted as well. 

In evaluating vehicle efficiency, we 

have excluded fundamental changes in 

vehicles’ size and utility. For example, 

we did not evaluate converting 

minivans and SUVs to station wagons, 

converting vehicles with four wheel 

drive to two wheel drive, or reducing 

headroom in order to lower the roofline 

and reduce aerodynamic drag. We have 

mstockstill on DSKB9S0YB1PROD with RULES2

Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 25445 

limited our assessment of technical 

feasibility and resultant vehicle cost to 

technologies which maintain vehicle 

utility as much as possible. 

Manufacturers may decide to alter the 

utility of the vehicles which they sell in 

response to this rule, but this is not a 

necessary consequence of the rule but 

rather a matter of automaker choice. 

This need to focus on the efficient use 

of energy by the vehicle as a system 

leads to a broad focus on a wide variety 

of technologies that affect almost all the 

systems in the design of a vehicle. As 

discussed below, there are many 

technologies that are currently available 

which can reduce vehicle energy 

consumption. These technologies are 

already being commercially utilized to a 

limited degree in the current light-duty 

fleet. These technologies include hybrid 

technologies that use higher efficiency 

electric motors as the power source in 

combination with or instead of internal 

combustion engines. While already 

commercialized, hybrid technology 

continues to be developed and offers the 

potential for even greater efficiency 

improvements. Finally, there are other 

advanced technologies under 

development, such as lean burn gasoline 

engines, which offer the potential of 

improved energy generation through 

improvements in the basic combustion 

process. In addition, the available 

technologies are not limited to 

powertrain improvements but also 

include mass reduction, electrical 

system efficiencies, and aerodynamic 

improvements. 

The large number of possible 

technologies to consider and the breadth 

of vehicle systems that are affected 

mean that consideration of the 

manufacturer’s design and production 

process plays a major role in developing 

the final standards. Vehicle 

manufacturers typically develop many 

different models by basing them on a 

limited number of vehicle platforms. 

The platform typically consists of a 

common set of vehicle architecture and 

structural components. This allows for 

efficient use of design and 

manufacturing resources. Given the very 

large investment put into designing and 

producing each vehicle model, 

manufacturers typically plan on a major 

redesign for the models approximately 

every 5 years. At the redesign stage, the 

manufacturer will upgrade or add all of 

the technology and make most other 

changes supporting the manufacturer’s 

plans for the next several years, 

including plans related to emissions, 

fuel economy, and safety regulations. 

This redesign often involves a 

package of changes designed to work 

together to meet the various 

requirements and plans for the model 

for several model years 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 years’ of production 

in mind. Vehicle models are not 

completely static between redesigns as 

limited changes are often incorporated 

for each model year. This interim 

process is called a refresh of the vehicle 

and generally does not allow for major 

technology changes although more 

minor ones can be done (e.g., small 

aerodynamic improvements, valve 

timing improvements, etc.). More major 

technology upgrades that affect multiple 

systems of the vehicle thus occur at the 

vehicle redesign stage and not in the 

time period between redesigns. The 

Center for Biological Diversity 

commented on EPA’s assumptions on 

redesign cycles, and these comments are 

addressed in Section III.D.7 below. 

As discussed below, there are a wide 

variety of CO2 reducing technologies 

involving several different systems in 

the vehicle that are available for 

consideration. Many can involve major 

changes to the vehicle, such as changes 

to the engine block and cylinder heads, 

redesign of the transmission and its 

packaging in the vehicle, changes in 

vehicle shape to improve aerodynamic 

efficiency and the application of 

aluminum (and other lightweight 

materials) in body panels to reduce 

mass. Logically, the incorporation of 

emissions control technologies would 

be during the periodic redesign process. 

This approach would allow 

manufacturers to develop appropriate 

packages of technology upgrades that 

combine technologies in ways that work 

together and fit with the overall goals of 

the redesign. It also allows the 

manufacturer to fit the process of 

upgrading emissions control technology 

into its multi-year planning process, and 

it avoids the large increase in resources 

and costs that would occur if technology 

had to be added outside of the redesign 

process. 

This final rule affects five years of 

vehicle production, model years 2012– 

2016. Given the now-typical five year 

redesign cycle, nearly all of a 

manufacturer’s vehicles will be 

redesigned over this period. However, 

this assumes that a manufacturer has 

sufficient lead time to redesign the first 

model year affected by this final rule 

with the requirements of this final rule 

in mind. In fact, the lead time available 

for the start of model year 2012 (January 

2011) is relatively short, less than a 

year. The time between this final rule 

and the start of 2013 model year 

(January 2012) production is under two 

years. At the same time, manufacturer 

product plans indicate that they are 

planning on introducing many of the 

technologies EPA projects could be used 

to show compliance with the final CO2

standards in both 2012 and 2013. In 

order to account for the relatively short 

lead time available prior to the 2012 and 

2013 model years, albeit mitigated by 

their existing plans, EPA has factored 

this reality into how the availability is 

modeled for much of the technology 

being considered for model years 2012– 

2016 as a whole. If the technology to 

control greenhouse gas emissions is 

efficiently folded into this redesign 

process, then EPA projects that 85 

percent of each manufacturer’s sales 

will be able to be redesigned with many 

of the CO2 emission reducing 

technologies by the 2016 model year, 

and as discussed below, to reduce 

emissions of HFCs from the air 

conditioner. 

In determining the level of this first 

ever GHG emissions standard under the 

CAA for light-duty vehicles, EPA uses 

an approach that accounts for and 

builds on this redesign process. This 

provides the opportunity for several 

control technologies to be incorporated 

into the vehicle during redesign, 

achieving significant emissions 

reductions from the model at one time. 

This is in contrast to what would be a 

much more costly approach of trying to 

achieve small increments of reductions 

over multiple years by adding 

technology to the vehicle piece by piece 

outside of the redesign process. 

As described below, the vast majority 

of technology required by this final rule 

is commercially available and already 

being employed to a limited extent 

across the fleet (although the final rule 

will necessitate far wider penetration of 

these technologies throughout the fleet). 

The vast majority of the emission 

reductions which will result from this 

final rule will be produced from the 

increased use of these technologies. EPA 

also believes that this final rule will 

encourage the development and limited 

use of more advanced technologies, 

such as PHEVs and EVs, and the final 

rule is structured to facilitate this result. 

In developing the final standard, EPA 

built on the technical work performed 

by the State of California during its 

development of its statewide GHG 

program. EPA began by evaluating a 

nationwide CAA standard for MY 2016 

that would require the levels of 

technology upgrade, across the country, 

which California standards would 

mstockstill on DSKB9S0YB1PROD with RULES2

25446 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 

require for the subset of vehicles sold in 

California under Pavley 1. In essence, 

EPA developed an assessment of an 

equivalent national new vehicle fleetwide CO2 performance standards for 

model year 2016 which would result in 

the new vehicle fleet in the State of 

California having CO2 performance 

equal to the performance from the 

California Pavley 1 standards. This 

assessment is documented in Chapter 

3.1 of the RIA. The results of this 

assessment predicts that a national 

light-duty vehicle fleet which adopts 

technology that achieves performance of 

250 g/mile CO2 for model year 2016 will 

result in vehicles sold in California that 

would achieve the CO2 performance 

equivalent to the Pavley 1 standards. 

EPA then analyzed a level of 250 g/ 

mi CO2 in 2016 using the OMEGA 

model (described in more detail below), 

and the car and truck footprint curves’ 

relative stringency discussed in Section 

II to determine what technology will be 

needed to achieve a fleet wide average 

of 250 g/mi CO2. As discussed later in 

this section we believe this level of 

technology application to the light-duty 

vehicle fleet can be achieved in this 

time frame, that such standards will 

produce significant reductions in GHG 

emissions, and that the costs for both 

the industry and the costs to the 

consumer are reasonable. EPA also 

developed standards for the model years 

2012 through 2015 that lead up to the 

2016 level. 

EPA’s independent technical 

assessment of the technical feasibility of 

the final MY 2012–2016 standards is 

described below. EPA has also 

evaluated a set of alternative standards 

for these model years, one that is more 

stringent than the final standards and 

one that is less stringent. The technical 

feasibility of these alternative standards 

is discussed at the end of this section. 

Evaluating the feasibility of these 

standards primarily includes identifying 

available technologies and assessing 

their effectiveness, cost, and impact on 

relevant aspects of vehicle performance 

and utility. The wide number of 

technologies which are available and 

likely to be used in combination 

requires a more sophisticated 

assessment of their combined cost and 

effectiveness. An important factor is 

also the degree that these technologies 

are already being used in the current 

vehicle fleet and thus, unavailable for 

use to improve energy efficiency beyond 

current levels. Finally, the challenge for 

manufacturers to design the technology 

into their products, and the appropriate 

lead time needed to employ the 

technology over the product line of the 

industry must be considered. 

Applying these technologies 

efficiently to the wide range of vehicles 

produced by various manufacturers is a 

challenging task. In order to assist in 

this task, EPA has developed a 

computerized model called the 

Optimization Model for reducing 

Emissions of Greenhouse gases from 

Automobiles (OMEGA) model. Broadly, 

the model starts with a description of 

the future vehicle fleet, including 

manufacturer, sales, base CO2

emissions, footprint and the extent to 

which emission control technologies are 

already employed. For the purpose of 

this analysis, over 200 vehicle platforms 

were used to capture the important 

differences in vehicle and engine design 

and utility of future vehicle sales of 

roughly 16 million units in the 2016 

timeframe. The model is then provided 

with a list of technologies which are 

applicable to various types of vehicles, 

along with their cost and effectiveness 

and the percentage of vehicle sales 

which can receive each technology 

during the redesign cycle of interest. 

The model combines this information 

with economic parameters, such as fuel 

prices and a discount rate, to project 

how various manufacturers would apply 

the available technology in order to 

meet various levels of emission control. 

The result is a description of which 

technologies are added to each vehicle 

platform, along with the resulting cost. 

While OMEGA can apply technologies 

which reduce CO2 emissions and HFC 

refrigerant emissions associated with air 

conditioner use, this task is currently 

handled outside of the OMEGA model. 

The model can be set to account for 

various types of compliance flexibilities, 

such as FFV credits. 

The remainder of this section 

describes the technical feasibility 

analysis in greater detail. Section III.D.1 

describes the development of our 

projection of the MY 2012–2016 fleet in 

the absence of this final rule. Section 

III.D.2 describes our estimates of the 

effectiveness and cost of the control 

technologies available for application in 

the 2012–2016 timeframe. Section 

III.D.3 combines these technologies into 

packages likely to be applied at the 

same time by a manufacturer. In this 

section, the overall effectiveness of the 

technology packages vis-a`-vis their 

effectiveness when combined 

individually is described. Section III.D.4 

describes the process which 

manufacturers typically use to apply 

new technology to their vehicles. 

Section III.D.5 describes EPA’s OMEGA 

model and its approach to estimating 

how manufacturers will add technology 

to their vehicles in order to comply with 

CO2 emission standards. Section III.D.6 

presents the results of the OMEGA 

modeling, namely the level of 

technology added to manufacturers’ 

vehicles and its cost. Section III.D.7 

discusses the feasibility of the 

alternative 4-percent-per-year and 6- 

percent-per-year standards. Further 

detail on all of these issues can be found 

in EPA and NHTSA’s Joint Technical 

Support Document as well as EPA’s 

Regulatory Impact Analysis. 

1. How did EPA develop a reference 

vehicle fleet for evaluating further CO2

reductions? 

In order to calculate the impacts of 

this final rule, it is necessary to project 

the GHG emissions characteristics of the 

future vehicle fleet absent this 

regulation. This is called the ‘‘reference’’ 

fleet. EPA and NHTSA develop this 

reference fleet using a three step 

process. Step one develops a set of 

detailed vehicle characteristics and 

sales for a specific model year (in this 

case, 2008). This is called the baseline 

fleet. Step two adjusts the sales of these 

vehicles using projections made by AEO 

and CSM to account for expected 

changes in market conditions. Step 

three applies fuel saving and emission 

control technology to these vehicles to 

the extent necessary for manufacturers 

to comply with the MY 2011 CAFE 

standards. Thus, the reference fleet 

differs from the MY 2008 baseline fleet 

in both the level of technology utilized 

and in terms of the sales of any 

particular vehicle. 

EPA and NHTSA perform steps one 

and two in an identical manner. The 

development of the characteristics of the 

baseline 2008 fleet and the adjustment 

of sales to match AEO and CSM 

forecasts is described in detail in 

Section II.B above. The two agencies 

perform step three in a conceptually 

identical manner, but each agency 

utilizes its own vehicle technology and 

emission model to project the 

technology needed to comply with the 

2011 CAFE standards. The agencies use 

the same two models to project the 

technology and cost of the 2012–2016 

standards. Use of the same model for 

both pre-control and post-control costs 

ensures consistency. 

The agencies received one comment 

from the Center for Biological Diversity 

that the use of 2008 vehicles in our 

baseline and reference fleets inherently 

includes vehicle models which already 

have or will be discontinued by the time 

this rule takes effect and will be 

replaced by more advanced vehicle 

models. This is true. However, we 

believe that the use of 2008 vehicle 

designs is still the most appropriate 

mstockstill on DSKB9S0YB1PROD with RULES2

Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 25447 

approach available. First, as discussed 

in Section II.B above, the designs of 

these new vehicles at the level of detail 

required for emission and cost modeling 

are not publically available. Even the 

confidential descriptions of these 

vehicle designs are usually not of 

sufficient detail to facilitate the level of 

technology and emission modeling 

performed by both agencies. Second, 

steps two and three of the process used 

to create the reference fleet adjust both 

the sales and technology of the 2008 

vehicles. Thus, our reference fleet 

reflects the extent that completely new 

vehicles are expected to shift the light 

vehicle market in terms of both segment 

and manufacturer. Also, by adding 

technology to facilitate compliance with 

the 2011 CAFE standards, we account 

for the vast majority of ways in which 

these new vehicles will differ from their 

older counterparts. 

The agencies also received a comment 

that some manufacturers have already 

announced plans to introduce 

technology well beyond that required by 

the 2011 MY CAFE standards. This 

commenter indicated that the agencies’ 

approach over-estimated the technology 

and cost required by the proposed 

standards and resulted in less stringent 

standards being proposed than a more 

realistic reference fleet would have 

supported. First, the agencies agree that 

limiting the application of additional 

technology beyond that already on 2008 

vehicles to only that required by the 

2011 CAFE standards could underestimate the use of such technology 

absent this rule. However, it is difficult, 

if not impossible, to separate future fuel 

economy improvements made for 

marketing purposes from those designed 

to facilitate compliance with anticipated 

CAFE or CO2 emission standards. For 

example, EISA was signed over two 

years ago, which contained specific 

minimum limits on light vehicle fuel 

economy in 2020, while also requiring 

ratable improvements in the interim. 

NHTSA proposed fuel economy 

standards for the 2012–2015 model 

years under the EISA provisions in 

April of 2008, although NHTSA 

finalized only 2011 standards for 

passenger vehicles. It is also true that 

manufacturers can change their plans 

based on market conditions and other 

factors. Thus, announcements of future 

plans are not certain. As mentioned 

above, these plans do not include 

specific vehicle characteristics. Thus, in 

order to avoid under-estimating the cost 

associated with this rule, the agencies 

have limited the fuel economy 

improvements in the reference fleet to 

those projected to result from the 

existing CAFE standards. We disagree 

with the commenter that this has caused 

the standards being promulgated today 

to be less stringent than would have 

been the case had we been able to 

confidently predict additional fuel 

economy and CO2 emission 

improvements which will occur absent 

this rule. The inclusion of such 

technology in the reference fleet would 

certainly have reduced the cost of this 

final rule, as well as the benefits, but 

would not have changed the final level 

of technology required to meet the final 

standards. Also, we believe that the 

same impacts would apply to our 

evaluations of the two alternative sets of 

standards, the 4% per year and 6% per 

year standards. We are confident that 

the vast majority of manufacturers 

would not comply with the least 

stringent of these standards (the 4% per 

year standards) in the absence of this 

rule. Thus, changes to the reference fleet 

would not have affected the differences 

in technology, cost or benefits between 

the final standards and the two 

alternatives. As described below, our 

rejection of the two alternatives in favor 

of the final standards is based primarily 

on the relative technology, cost and 

benefits associated with the three sets of 

standards than the absolute cost or 

benefit relative to the reference fleet. 

Thus, we do not agree with the 

commenter that our choice of reference 

fleet adversely impacted the 

development of the final standards 

being promulgated today. 

The addition of technology to the 

baseline fleet so that it complies with 

the MY 2011 CAFE standards is 

described later in Section III.D.4, as this 

uses the same methodology used to 

project compliance with the final CO2

emission standards. In summary, the 

reference fleet represents vehicle 

characteristics and sales in the 2012 and 

later model years absent this final rule. 

Technology is then added to these 

vehicles in order to reduce CO2

emissions to achieve compliance with 

the final CO2 standards. As noted above, 

EPA did not factor in any changes to 

vehicle utility or characteristics, or sales 

in projecting manufacturers’ compliance 

with this final rule. 

After the reference fleet is created, the 

next step aggregates vehicle sales by a 

combination of manufacturer, vehicle 

platform, and engine design. As 

discussed in Section III.D.4 below, 

manufacturers implement major design 

changes at vehicle redesign and tend to 

implement these changes across a 

vehicle platform. Because the cost of 

modifying the engine depends on the 

valve train design (such as SOHC, 

DOHC, etc.), the number of cylinders 

and in some cases head design, the 

vehicle sales are broken down beyond 

the platform level to reflect relevant 

engine differences. The vehicle 

groupings are shown in Table III.D.1–1. 

These groupings are the same as those 

used in the NPRM. 

TABLE III.D.1–1—VEHICLE GROUPINGS a

Vehicle description Vehicle type Vehicle description Vehicle type 

Large SUV (Car) V8+ OHV .......................................... 13 Subcompact Auto I4 ..................................................... 1 

Large SUV (Car) V6 4v ................................................ 16 Large Pickup V8+ DOHC ............................................. 19 

Large SUV (Car) V6 OHV ............................................ 12 Large Pickup V8+ SOHC 3v ........................................ 14 

Large SUV (Car) V6 2v SOHC .................................... 9 Large Pickup V8+ OHV ................................................ 13 

Large SUV (Car) I4 and I5 ........................................... 7 Large Pickup V8+ SOHC ............................................. 10 

Midsize SUV (Car) V6 2v SOHC ................................. 8 Large Pickup V6 DOHC ............................................... 18 

Midsize SUV (Car) V6 S/DOHC 4v .............................. 5 Large Pickup V6 OHV .................................................. 12 

Midsize SUV (Car) I4 ................................................... 7 Large Pickup V6 SOHC 2v .......................................... 11 

Small SUV (Car) V6 OHV ............................................ 12 Large Pickup I4 S/DOHC ............................................. 7 

Small SUV (Car) V6 S/DOHC ...................................... 4 Small Pickup V6 OHV .................................................. 12 

Small SUV (Car) I4 ....................................................... 3 Small Pickup V6 2v SOHC ........................................... 8 

Large Auto V8+ OHV ................................................... 13 Small Pickup I4 ............................................................. 7 

Large Auto V8+ SOHC ................................................. 10 Large SUV V8+ DOHC ................................................ 17 

Large Auto V8+ DOHC, 4v SOHC ............................... 6 Large SUV V8+ SOHC 3v ............................................ 14 

Large Auto V6 OHV ..................................................... 12 Large SUV V8+ OHV ................................................... 13 

Large Auto V6 SOHC 2/3v ........................................... 5 Large SUV V8+ SOHC ................................................. 10 

Midsize Auto V8+ OHV ................................................ 13 Large SUV V6 S/DOHC 4v .......................................... 16 

mstockstill on DSKB9S0YB1PROD with RULES2

25448 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 

TABLE III.D.1–1—VEHICLE GROUPINGS a—Continued 

Vehicle description Vehicle type Vehicle description Vehicle type 

Midsize Auto V8+ SOHC .............................................. 10 Large SUV V6 OHV ..................................................... 12 

Midsize Auto V7+ DOHC, 4v SOHC ............................ 6 Large SUV V6 SOHC 2v .............................................. 9

Midsize Auto V6 OHV .................................................. 12 Large SUV I4 ................................................................ 7 

Midsize Auto V6 2v SOHC ........................................... 8 Midsize SUV V6 OHV .................................................. 12 

Midsize Auto V6 S/DOHC 4v ....................................... 5 Midsize SUV V6 2v SOHC ........................................... 8 

Midsize Auto I4 ............................................................. 3 Midsize SUV V6 S/DOHC 4v ....................................... 5 

Compact Auto V7+ S/DOHC ........................................ 6 Midsize SUV I4 S/DOHC .............................................. 7 

Compact Auto V6 OHV ................................................ 12 Small SUV V6 OHV ...................................................... 12 

Compact Auto V6 S/DOHC 4v ..................................... 4 Minivan V6 S/DOHC ..................................................... 16 

Compact Auto I5 ........................................................... 7 Minivan V6 OHV ........................................................... 12 

Compact Auto I4 ........................................................... 2 Minivan I4 ..................................................................... 7 

Subcompact Auto V8+ OHV ......................................... 13 Cargo Van V8+ OHV .................................................... 13 

Subcompact Auto V8+ S/DOHC .................................. 6 Cargo Van V8+ SOHC ................................................. 10 

Subcompact Auto V6 2v SOHC ................................... 8 Cargo Van V6 OHV ...................................................... 12 

Subcompact Auto I5/V6 S/DOHC 4v ........................... 4 

a I4 = 4 cylinder engine, I5 = 5 cylinder engine, V6, V7, and V8 = 6, 7, and 8 cylinder engines, respectively, DOHC = Double overhead cam, 

SOHC = Single overhead cam, OHV = Overhead valve, v = number of valves per cylinder, ‘‘/’’ = and, ‘‘+’’ = or larger. 

As mentioned above, the second 

factor which needs to be considered in 

developing a reference fleet against 

which to evaluate the impacts of this 

final rule is the impact of the 2011 MY 

CAFE standards. Since the vehicles 

which comprise the above reference 

fleet are those sold in the 2008 MY, 

when coupled with our sales 

projections, they do not necessarily 

meet the 2011 MY CAFE standards. 

The levels of the 2011 MY CAFE 

standards are straightforward to apply to 

future sales fleets, as is the potential 

fine-paying flexibility afforded by the 

CAFE program (i.e., $55 per mpg of 

shortfall). However, projecting some of 

the compliance flexibilities afforded by 

EISA and the CAFE program are less 

clear. Two of these compliance 

flexibilities are relevant to EPA’s 

analysis: (1) The credit for FFVs, and (2) 

the limit on the transferring of credits 

between car and truck fleets. The FFV 

credit is limited to 1.2 mpg in 2011 and 

EISA gradually reduces this credit, to 

1.0 mpg in 2015 and eventually to zero 

in 2020. In contrast, the limit on cartruck transfer is limited to 1.0 mpg in 

2011, and EISA increases this to 1.5 

mpg beginning in 2015 and then to 2.0 

mpg beginning in 2020. The question 

here is whether to hold the 2011 MY 

CAFE provisions constant in the future 

or incorporate the changes in the FFV 

credit and car-truck credit trading limits 

contained in EISA. 

As was done for the NPRM, EPA has 

decided to hold the 2011 MY limits on 

FFV credit and car-truck credit trading 

constant in projecting the fuel economy 

and CO2 emission levels of vehicles in 

our reference case. This approach treats 

the changes in the FFV credit and cartruck credit trading provisions 

consistently with the other EISAmandated changes in the CAFE 

standards themselves. All EISA 

provisions relevant to 2011 MY vehicles 

are reflected in our reference case fleet, 

while all post-2011 MY provisions are 

not. Practically, relative to the 

alternative, this increases both the cost 

and benefit of the final standards. In our 

analysis of this final rule, any quantified 

benefits from the presence of FFVs in 

the fleet are not considered. Thus, the 

only impact of the FFV credit is to 

reduce onroad fuel economy. By 

assuming that the FFV credit stays at 1.2 

mpg in the future absent this rule, the 

assumed level of onroad fuel economy 

that would occur absent this final rule 

is reduced. As this final rule eliminates 

the FFV credit (for purposes of CO2

emission compliance) starting in 2016, 

the net result is to increase the projected 

level of fuel savings from our final 

standards. Similarly, the higher level of 

FFV credit reduces projected 

compliance cost for manufacturers to 

meet the 2011 MY standards in our 

reference case. This increases the 

projected cost of meeting the final 2012 

and later standards. 

As just implied, EPA needs to project 

the technology (and resultant costs) 

required for the 2008 MY vehicles to 

comply with the 2011 MY CAFE 

standards in those cases where they do 

not automatically do so. The technology 

and costs are projected using the same 

methodology that projects compliance 

with the final 2012 and later CO2

standards. The description of this 

process is described in the following 

four sections and is essentially the same 

process used for the NPRM. 

A more detailed description of the 

methodology used to develop these 

sales projections can be found in the 

Joint TSD. Detailed sales projections by 

model year and manufacturer can also 

be found in the TSD. 

2. What are the effectiveness and costs 

of CO2-reducing technologies? 

EPA and NHTSA worked together to 

jointly develop information on the 

effectiveness and cost of the CO2- 

reducing technologies, and fuel 

economy-improving technologies, other 

than A/C related control technologies. 

This joint work is reflected in Chapter 

3 of the Joint TSD and in Section II of 

this preamble. A summary of the 

effectiveness and cost of A/C related 

technology is contained here. For more 

detailed information on the 

effectiveness and cost of A/C related 

technology, please refer to Section III.C 

of this preamble and Chapter 2 of EPA’s 

RIA. 

A/C improvements are an integral part 

of EPA’s technology analysis and have 

been included in this section along with 

the other technology options. While 

discussed in Section III.C as a credit 

opportunity, air conditioning-related 

improvements are included in Table 

III.D.2–1. because A/C improvements 

are a very cost-effective technology at 

reducing CO2 (or CO2-equivalent) 

emissions. EPA expects most 

manufacturers will choose to use AC 

improvement credit opportunities as a 

strategy for meeting compliance with 

the CO2 standards. Note that the costs 

shown in Table III.D.2–1 do not include 

maintenance savings that would be 

expected from the new AC systems. 

Further, EPA does not include ACrelated maintenance savings in our cost 

and benefit analysis presented in 

Section III.H. EPA discusses the likely 

maintenance savings in Chapter 2 of the 

RIA, though these savings are not 

included in our final cost estimates for 

the final rule. The EPA approximates 

that the level of the credits earned will 

increase from 2012 to 2016 as more 

vehicles in the fleet are redesigned. The 

mstockstill on DSKB9S0YB1PROD with RULES2

Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 25449 

249This represents 50% improvement in leakage 

and thus 50% of the A/C leakage impact potential 

compared to a maximum of 15 g/mi credit that can 

be achieved through the incorporation of a low very 

GWP refrigerant. 

250We assume slightly higher A/C penetration in 

2012 than was assumed in the proposal to correct 

for rounding that occurred in the curve setting 

process. 

penetrations and average levels of credit 

are summarized in Table III.D.2–2, 

though the derivation of these numbers 

(and the breakdown of car vs. truck 

credits) is described in the RIA. As 

demonstrated in the IMAC study (and 

described in Section III.C as well as the 

RIA), these levels are feasible and 

achievable with technologies that are 

available and cost-effective today. 

These improvements are categorized 

as either leakage reduction, including 

use of alternative refrigerants, or system 

efficiency improvements. Unlike the 

majority of the technologies described 

in this section, A/C improvements will 

not be demonstrated in the test cycles 

used to quantify CO2 reductions in this 

final rule. As described earlier, for this 

analysis A/C-related CO2 reductions are 

handled outside of OMEGA model and 

therefore their CO2 reduction potential 

is expressed in grams per mile rather 

than a percentage used by the OMEGA 

model. See Section III.C.1 for the 

method by which potential reductions 

are calculated or measured. Further 

discussion of the technological basis for 

these improvements is included in 

Chapter 2 of the RIA. 

TABLE III.D.2–1—TOTAL CO2 REDUCTION POTENTIAL AND 2016 COST FOR A/C RELATED TECHNOLOGIES FOR ALL

VEHICLE CLASSES

[Costs in 2007 dollars] 

CO2 reduction 

potential 

Incremental compliance costs 

A/C refrigerant leakage reduction ................................................................................................................... 7.5 g/mi 249 ....... $17 

A/C efficiency improvements .......................................................................................................................... 5.7 g/mi ............. 53 

TABLE III.D.2–2—A/C RELATED TECHNOLOGY PENETRATION AND CREDIT LEVELS EXPECTED TO BE EARNED

Technology 

penetration 

(percent) 

Average credit over entire fleet 

Car Truck Fleet average 

2012 ......................................................................................... 250 28 3.4 3.8 3.5 

2013 ......................................................................................... 40 4.8 5.4 5.0 

2014 ......................................................................................... 60 7.2 8.1 7.5 

2015 ......................................................................................... 80 9.6 10.8 10.0 

2016 ......................................................................................... 85 10.2 11.5 10.6 

3. How can technologies be combined 

into ‘‘packages’’ and what is the cost and 

effectiveness of packages? 

Individual technologies can be used 

by manufacturers to achieve 

incremental CO2 reductions. However, 

as mentioned in Section III.D.1, EPA 

believes that manufacturers are more 

likely to bundle technologies into 

‘‘packages’’ to capture synergistic aspects 

and reflect progressively larger CO2

reductions with additions or changes to 

any given package. In addition, 

manufacturers typically apply new 

technologies in packages during model 

redesigns that occur approximately once 

every five years, rather than adding new 

technologies one at a time on an annual 

or biennial basis. This way, 

manufacturers can more efficiently 

make use of their redesign resources and 

more effectively plan for changes 

necessary to meet future standards. 

Therefore, as explained at proposal, 

the approach taken here is to group 

technologies into packages of increasing 

cost and effectiveness. EPA determined 

that 19 different vehicle types provided 

adequate representation to accurately 

model the entire fleet. This was the 

result of analyzing the existing light 

duty fleet with respect to vehicle size 

and powertrain configurations. All 

vehicles, including cars and trucks, 

were first distributed based on their 

relative size, starting from compact cars 

and working upward to large trucks. 

Next, each vehicle was evaluated for 

powertrain, specifically the engine size, 

I4, V6, and V8, and finally by the 

number of valves per cylinder. Note that 

each of these 19 vehicle types was 

mapped into one of the five classes of 

vehicles mentioned in Section III.D.2. 

While the five classes provide adequate 

representation for the cost basis 

associated with most technology 

application, they do not adequately 

account for all existing vehicle 

attributes such as base vehicle 

powertrain configuration and mass 

reduction. As an example, costs and 

effectiveness estimates for engine 

friction reduction for the small car class 

were used to represent cost and 

effectiveness for three vehicle types: 

Subcompact cars, compact cars, and 

small multi-purpose vehicles (MPV) 

equipped with a 4-cylinder engine, 

however the mass reduction associated 

for each of these vehicle types was 

based on the vehicle type salesweighted average. In another example, a 

vehicle type for V8 single overhead cam 

3-valve engines was created to properly 

account for the incremental cost in 

moving to a dual overhead cam 4-valve 

configuration. Note also that these 19 

vehicle types span the range of vehicle 

footprint (smaller footprints for smaller 

vehicles and larger footprints for larger 

vehicles) which serve as the basis for 

the standards being promulgated today. 

A complete list of vehicles and their 

associated vehicle types is shown above 

in Table III.D.1–1. 

Within each of the 19 vehicle types, 

multiple technology packages were 

created in increasing technology content 

resulting in increasing effectiveness. 

Important to note that the effort in 

creating the packages attempted to 

maintain a constant utility for each 

package as compared to the baseline 

package. As such, each package is meant 

to provide equivalent driver-perceived 

performance to the baseline package. 

The initial packages represent what a 

manufacturer will most likely 

implement on all vehicles, including 

low rolling resistance tires, low friction 

lubricants, engine friction reduction, 

aggressive shift logic, early torque 

converter lock-up, improved electrical 

mstockstill on DSKB9S0YB1PROD with RULES2

25450 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 

251When making reference to low friction 

lubricants, the technology being referred to is the 

engine changes and possible durability testing that would be done to accommodate the low friction 

lubricants, not the lubricants themselves. 

accessories, and low drag brakes.251

Subsequent packages include advanced 

gasoline engine and transmission 

technologies such as turbo/downsizing, 

GDI, and dual-clutch transmission. The 

most technologically advanced packages 

within a segment included HEV, PHEV 

and EV designs. The end result is a list 

of several packages for each of 19 

different vehicle types from which a 

manufacturer could choose in order to 

modify its fleet such that compliance 

could be achieved. 

Before using these technology 

packages as inputs to the OMEGA 

model, EPA calculated the cost and 

effectiveness for the package. The first 

step was to apply the scaling class for 

each technology package and vehicle 

type combination. The scaling class 

establishes the cost and effectiveness for 

each technology with respect to the 

vehicle size or type. The Large Car class 

was provided as an example in Section 

III.D.2. Additional classes include Small 

Car, Minivan, Small Truck, and Large 

Truck and each of the 19 vehicle types 

was mapped into one of those five 

classes. In the next step, the cost for a 

particular technology package was 

determined as the sum of the costs of 

the applied technologies. The final step, 

determination of effectiveness, requires 

greater care due to the synergistic effects 

mentioned in Section III.D.2. This step 

is described immediately below. 

Usually, the benefits of the engine and 

transmission technologies can be 

combined multiplicatively. For 

example, if an engine technology 

reduces CO2 emissions by five percent 

and a transmission technology reduces 

CO2 emissions by four percent, the 

benefit of applying both technologies is 

8.8 percent (100%¥(100%¥4%) * 

(100%¥5%)). In some cases, however, 

the benefit of the transmission-related 

technologies overlaps with many of the 

engine technologies. This occurs 

because the primary goal of most of the 

transmission technologies is to shift 

operation of the engine to more efficient 

locations on the engine map. This is 

accomplished by incorporating more 

ratio selections and a wider ratio span 

into the transmissions. Some of the 

engine technologies have the same goal, 

such as cylinder deactivation, advanced 

valvetrains, and turbocharging. In order 

to account for this overlap and avoid 

over-estimating emissions reduction 

effectiveness, EPA has developed a set 

of adjustment factors associated with 

specific pairs of engine and 

transmission technologies. 

The various transmission technologies 

are generally mutually exclusive. As 

such, the effectiveness of each 

transmission technology generally 

supersedes each other. For example, the 

9.5–14.5 percent reduction in CO2

emissions associated with the 

automated manual transmission 

includes the 4.5–6.5 percent benefit of 

a 6-speed automatic transmission. 

Exceptions are aggressive shift logic and 

early torque converter lock-up that can 

be applied to vehicles with several types 

of automatic transmissions. 

EPA has chosen to use an engineering 

approach known as the lumpedparameter technique to determine these 

adjustment factors. The results from this 

approach were then applied directly to 

the vehicle packages. The lumpedparameter technique is well 

documented in the literature, and the 

specific approach developed by EPA is 

detailed in Chapter 1 of the RIA. 

Table III.D.3–1 presents several 

examples of the reduction in the 

effectiveness of technology pairs. A 

complete list and detailed discussion of 

these synergies is presented in Chapter 

3 of the Joint TSD. 

TABLE III.D.3–1—REDUCTION IN EFFECTIVENESS FOR SELECTED TECHNOLOGY PAIRS

Engine technology Transmission technology 

Reduction in 

combined 

effectiveness 

(percent) 

Intake cam phasing ................................................................. 5 speed automatic ................................................................... 0.5 

Coupled cam phasing .............................................................. 5 speed automatic ................................................................... 0.5 

Coupled cam phasing .............................................................. Aggressive shift logic .............................................................. 0.5 

Cylinder deactivation ............................................................... 5 speed automatic ................................................................... 1.0 

Cylinder deactivation ............................................................... Aggressive shift logic .............................................................. 0.5 

Table III.D.3–2 presents several 

examples of the CO2-reducing 

technology vehicle packages used in the 

OMEGA model for the large car class. 

Similar packages were generated for 

each of the 19 vehicle types and the 

costs and effectiveness estimates for 

each of those packages are discussed in 

detail in Chapter 3 of the Joint TSD. 

TABLE III.D.3–2—CO2 REDUCING TECHNOLOGY VEHICLE PACKAGES FOR A LARGE CAR EFFECTIVENESS AND COSTS IN

2016 

[Costs in 2007 dollars] 

Engine technology Transmission 

technology 

Additional 

technology CO2 reduction Package cost 

3.3L V6 ........................................... 4 speed automatic ......................... None ............................................... Baseline 

3.0L V6 + GDI + CCP .................... 6 speed automatic ......................... 3% Mass Reduction ....................... 17.9% $985 

3.0L V6 + GDI + CCP + Deac ....... 6 speed automatic ......................... 5% Mass Reduction ....................... 20.6% 1,238 

2.2L I4 + GDI + Turbo + DCP ........ 6 speed DCT .................................. 10% Mass Reduction Start-Stop ... 34.3% 1,903 

mstockstill on DSKB9S0YB1PROD with RULES2

Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 25451 

252The Center for Biological Diversity submitted 

comments disputing this distinction as well as the 

need for lead time. These comments are addressed 

in Section III.D.7. 

253See discussion in Section III.D.7 with 

references. 

254While diesel engines are a mature technology 

and not ‘‘advanced’’, the aftertreatment systems 

necessary for them in the U.S. market are advanced. 

4. Manufacturer’s Application of 

Technology 

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 vehicle will need to 

remain competitive over its intended 

life, meet future regulatory 

requirements, and contribute to a 

manufacturer’s CAFE requirements. 

Furthermore, automotive manufacturers 

are largely focused on creating vehicle 

platforms to limit the development of 

entirely new vehicles and to realize 

economies of scale with regard to 

variable cost. In very limited cases, 

manufacturers may implement an 

individual technology outside of a 

vehicle’s redesign cycle.252 In following 

with these industry practices, EPA has 

created set of vehicle technology 

packages that represent the entire light 

duty fleet. 

In evaluating needed lead time, EPA 

has historically authorized 

manufacturers of new vehicles or 

nonroad equipment to phase in 

available emission control technology 

over a number of years. Examples of this 

are EPA’s Tier 2 program for cars and 

light trucks and its 2007 and later PM 

and NOX emission standards for heavyduty vehicles. In both of these rules, the 

major modifications expected from the 

rules were the addition of exhaust 

aftertreatment control technologies. 

Some changes to the engine were 

expected as well, but these were not 

expected to affect engine size, packaging 

or performance. The CO2 reduction 

technologies described above 

potentially involve much more 

significant changes to car and light truck 

designs. Many of the engine 

technologies involve changes to the 

engine block and heads. The 

transmission technologies could change 

the size and shape of the transmission 

and thus, packaging. Improvements to 

aerodynamic drag could involve body 

design and therefore, the dies used to 

produce body panels. Changes of this 

sort potentially involve new capital 

investment and the obsolescence of 

existing investment. 

At the same time, vehicle designs are 

not static, but change in major ways 

periodically. The manufacturers’ 

product plans indicate that vehicles are 

usually redesigned every 5 years on 

average.253 Vehicles also tend to receive 

a more modest ‘‘refresh’’ between major 

redesigns, as discussed above. Because 

manufacturers are already changing 

their tooling, equipment and designs at 

these times, further changes to vehicle 

design at these times involve a 

minimum of stranded capital 

equipment. Thus, the timing of any 

major technological changes is projected 

to coincide with changes that 

manufacturers are already making to 

their vehicles. This approach effectively 

avoids the need to quantify any costs 

associated with discarding equipment, 

tooling, emission and safety 

certification, etc. when CO2-reducing 

equipment is incorporated into a 

vehicle. 

This final rule affects five years of 

vehicle production, model years 2012– 

2016. Given the now-typical five year 

redesign cycle, nearly all of a 

manufacturer’s vehicles will be 

redesigned over this period. However, 

this assumes that a manufacturer has 

sufficient lead time to redesign the first 

model year affected by this final rule 

with the requirements of this final rule 

in mind. In fact, the lead time available 

for model year 2012 is relatively short. 

The time between a likely final rule and 

the start of 2013 model year production 

is likely to be just over two years. At the 

same time, the manufacturer product 

plans indicate that they are planning on 

introducing many of the technologies 

projected to be required by this final 

rule in both 2012 and 2013. In order to 

account for the relatively short lead time 

available prior to the 2012 and 2013 

model years, albeit mitigated by their 

existing plans, EPA projects that only 85 

percent of each manufacturer’s sales 

will be able to be redesigned with major 

CO2 emission-reducing technologies by 

the 2016 model year. Less intrusive 

technologies can be introduced into 

essentially all of a manufacturer’s sales. 

This resulted in three levels of 

technology penetration caps, by 

manufacturer. Common technologies 

(e.g., low friction lubes, aerodynamic 

improvements) had a penetration cap of 

100%. More advanced powertrain 

technologies (e.g., stoichiometric GDI, 

turbocharging) had a penetration cap of 

85%. The most advanced technologies 

considered in this analysis (e.g., diesel 

engines,254 as well as IMA, powersplit 

and 2-mode hybrids) had a 15% 

penetration cap. 

This is the same approach as was 

taken in the NPRM. EPA received 

several comments commending it on its 

approach to establishing technical 

feasibility via its use of the OMEGA 

model. The only adverse comment 

received regarding the application of 

technology was from the Center for 

Biological Diversity (CBD), which 

criticized EPA’s use of the 5-year 

redesign cycle. CBD argued that 

manufacturers occasionally redesign 

vehicles sooner than 5 years and that 

EPA did not quantify the cost of 

shortening the redesign cycle to less 

than 5 years and compare this cost to 

the increased benefit of reduced CO2

emissions. CBD also noted that 

manufacturers have been recently 

dropping vehicle lines and entire 

divisions with very little leadtime, 

indicating their ability to change 

product plans much quicker than 

projected above. 

EPA did not explicitly evaluate the 

cost of reducing the average redesign 

cycle to less than 5 years for two 

reasons. One, in the past, manufacturers 

have usually shortened the redesign 

cycle to address serious problems with 

the current design, usually lower than 

anticipated sales. However, the 

amortized cost of the capital necessary 

to produce a new vehicle design will 

increase by 23%, from one-fifth of the 

capital cost to one-fourth (and assuming 

a 3% discount rate). This would be on 

top of the cost of the emission control 

equipment itself. The only benefit of 

this increase in societal cost will be 

earlier CO2 emission reductions (and the 

other benefits associated with CO2

emission control). The capital costs 

associated with vehicle redesign go 

beyond CO2 emission control and 

potentially involve every aspect of the 

vehicle and can represent thousands of 

dollars. We believe that it would be an 

inefficient use of societal resources to 

incur such costs when they can be 

obtained much more cost effectively just 

one year later. 

Two, the examples of manufacturers 

dropping vehicle lines and divisions 

with very short lead time is not relevant 

to the redesign of vehicles. There is no 

relationship between a manufacturer’s 

ability to stop selling a vehicle model or 

to close a vehicle division and a 

manufacturer’s ability to redesign a 

vehicle. A company could decide to 

stop selling all of its products within a 

few weeks—but it would still take a firm 

approximately 5 years to introduce a 

major new vehicle line. It is relatively 

easy to stop the manufacture of a 

particular product (though this too can 

mstockstill on DSKB9S0YB1PROD with RULES2

25452 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 

incur some cost—such as plant winddown costs, employee layoff or 

relocation costs, and dealership related 

costs). It is much more difficult to 

perform the required engineering design 

and development, design, purchase, and 

install the necessary capital equipment 

and tooling for components and vehicle 

manufacturing and develop all the 

processes associated with the 

application of a new technology. 

Further discussion of the CBD 

comments can be found in III.D.7 below. 

5. How is EPA projecting that a 

manufacturer decides between options 

to improve CO2 performance to meet a 

fleet average standard? 

EPA is generally taking the same 

approach to projecting the application 

of technology to vehicles as it did for 

the NPRM. With the exception of two 

comments, all commenters agreed with 

the modeling approach taken in the 

NPRM. One of these two comments is 

addressed is Section III.D.1 above, while 

the other is addressed in Section III.D.3. 

above. 

There are many ways for a 

manufacturer to reduce CO2-emissions 

from its vehicles. A manufacturer can 

choose from a myriad of CO2 reducing 

technologies and can apply one or more 

of these technologies to some or all of 

its vehicles. Thus, for a variety of levels 

of CO2 emission control, there are an 

almost infinite number of technology 

combinations which produce the 

desired CO2 reduction. As noted earlier, 

EPA developed a new vehicle model, 

the OMEGA model in order to make a 

reasonable estimate of how 

manufacturers will add technologies to 

vehicles in order to meet a fleet-wide 

CO2 emissions level. EPA has described 

OMEGA’s specific methodologies and 

algorithms in a memo to the docket for 

this rulemaking (Docket EPA–HQ– 

OAR–2009–0472). 

The OMEGA model utilizes four basic 

sets of input data. The first is a 

description of the vehicle fleet. The key 

pieces of data required for each vehicle 

are its manufacturer, CO2 emission 

level, fuel type, projected sales and 

footprint. The model also requires that 

each vehicle be assigned to one of the 

19 vehicle types, which tells the model 

which set of technologies can be applied 

to that vehicle. (For a description of 

how the 19 vehicle types were created, 

reference Section III.D.3.) In addition, 

the degree to which each vehicle 

already reflects the effectiveness and 

cost of each available technology must 

also be input. This avoids the situation, 

for example, where the model might try 

to add a basic engine improvement to a 

current hybrid vehicle. Except for this 

type of information, the development of 

the required data regarding the reference 

fleet was described in Section III.D.1 

above and in Chapter 1 of the Joint TSD. 

The second type of input data used by 

the model is a description of the 

technologies available to manufacturers, 

primarily their cost and effectiveness. 

Note that the five vehicle classes are not 

explicitly used by the model, rather the 

costs and effectiveness associated with 

each vehicle package is based on the 

associated class. This information was 

described in Sections III.D.2 and III.D.3 

above as well as Chapter 3 of the Joint 

TSD. In all cases, the order of the 

technologies or technology packages for 

a particular vehicle type is determined 

by the model user prior to running the 

model. Several criteria can be used to 

develop a reasonable ordering of 

technologies or packages. These are 

described in the Joint TSD. 

The third type of input data describes 

vehicle operational data, such as annual 

scrap rates and mileage accumulation 

rates, and economic data, such as fuel 

prices and discount rates. These 

estimates are described in Section II.F 

above, Section III.H below and Chapter 

4 of the Joint TSD. 

The fourth type of data describes the 

CO2 emission standards being modeled. 

These include the CO2 emission 

equivalents of the 2011 MY CAFE 

standards and the final CO2 standards 

for 2016. As described in more detail 

below, the application of A/C 

technology is evaluated in a separate 

analysis from those technologies which 

impact CO2 emissions over the 2-cycle 

test procedure. Thus, for the percent of 

vehicles that are projected to achieve 

A/C related reductions, the CO2 credit 

associated with the projected use of 

improved A/C systems is used to adjust 

the final CO2 standard which will be 

applicable to each manufacturer to 

develop a target for CO2 emissions over 

the 2-cycle test which is assessed in our 

OMEGA modeling. 

As mentioned above for the market 

data input file utilized by OMEGA, 

which characterizes the vehicle fleet, 

our modeling must and does account for 

the fact that many 2008 MY vehicles are 

already equipped with one or more of 

the technologies discussed in Section 

III.D.2 above. Because of the choice to 

apply technologies in packages, and 

2008 vehicles are equipped with 

individual technologies in a wide 

variety of combinations, accounting for 

the presence of specific technologies in 

terms of their proportion of package cost 

and CO2 effectiveness requires careful, 

detailed analysis. The first step in this 

analysis is to develop a list of individual 

technologies which are either contained 

in each technology package, or would 

supplant the addition of the relevant 

portion of each technology package. An 

example would be a 2008 MY vehicle 

equipped with variable valve timing and 

a 6-speed automatic transmission. The 

cost and effectiveness of variable valve 

timing would be considered to be 

already present for any technology 

packages which included the addition 

of variable valve timing or technologies 

which went beyond this technology in 

terms of engine related CO2 control 

efficiency. An example of a technology 

which supplants several technologies 

would be a 2008 MY vehicle which was 

equipped with a diesel engine. The 

effectiveness of this technology would 

be considered to be present for 

technology packages which included 

improvements to a gasoline engine, 

since the resultant gasoline engines 

have a lower CO2 control efficiency than 

the diesel engine. However, if these 

packages which included improvements 

also included improvements unrelated 

to the engine, like transmission 

improvements, only the engine related 

portion of the package already present 

on the vehicle would be considered. 

The transmission related portion of the 

package’s cost and effectiveness would 

be allowed to be applied in order to 

comply with future CO2 emission 

standards. 

The second step in this process is to 

determine the total cost and CO2

effectiveness of the technologies already 

present and relevant to each available 

package. Determining the total cost 

usually simply involves adding up the 

costs of the individual technologies 

present. In order to determine the total 

effectiveness of the technologies already 

present on each vehicle, the lumped 

parameter model described above is 

used. Because the specific technologies 

present on each 2008 vehicle are 

known, the applicable synergies and 

dis-synergies can be fully accounted for. 

The third step in this process is to 

divide the total cost and CO2

effectiveness values determined in step 

2 by the total cost and CO2 effectiveness 

of the relevant technology packages. 

These fractions are capped at a value of 

1.0 or less, since a value of 1.0 causes 

the OMEGA model to not change either 

the cost or CO2 emissions of a vehicle 

when that technology package is added. 

As described in Section III.D.3 above, 

technology packages are applied to 

groups of vehicles which generally 

represent a single vehicle platform and 

which are equipped with a single engine 

size (e.g., compact cars with four 

cylinder engine produced by Ford). 

These grouping are described in Table 

III.D.1–1. Thus, the fourth step is to 

mstockstill on DSKB9S0YB1PROD with RULES2

Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 25453 

combine the fractions of the cost and 

effectiveness of each technology 

package already present on the 

individual 2008 vehicles models for 

each vehicle grouping. For cost, 

percentages of each package already 

present are combined using a simple 

sales-weighting procedure, since the 

cost of each package is the same for each 

vehicle in a grouping. For effectiveness, 

the individual percentages are 

combined by weighting them by both 

sales and base CO2 emission level. This 

appropriately weights vehicle models 

with either higher sales or CO2

emissions within a grouping. Once 

again, this process prevents the model 

from adding technology which is 

already present on vehicles, and thus 

ensures that the model does not double 

count technology effectiveness and cost 

associated with complying with the 

2011 MY CAFE standards and the final 

CO2 standards. 

Conceptually, the OMEGA model 

begins by determining the specific CO2

emission standard applicable for each 

manufacturer and its vehicle class (i.e., 

car or truck). Since the final rule allows 

for averaging across a manufacturer’s 

cars and trucks, the model determines 

the CO2 emission standard applicable to 

each manufacturer’s car and truck sales 

from the two sets of coefficients 

describing the piecewise linear standard 

functions for cars and trucks in the 

inputs, and creates a combined car-truck 

standard. This combined standard 

considers the difference in lifetime VMT 

of cars and trucks, as indicated in the 

final regulations which govern credit 

trading between these two vehicle 

classes. For both the 2011 CAFE and 

2016 CO2 standards, these standards are 

a function of each manufacturer’s sales 

of cars and trucks and their footprint 

values. When evaluating the 2011 MY 

CAFE standards, the car-truck trading 

was limited to 1.2 mpg. When 

evaluating the final CO2 standards, the 

OMEGA model was run only for MY 

2016. OMEGA is designed to evaluate 

technology addition over a complete 

redesign cycle and 2016 represents the 

final year of a redesign cycle starting 

with the first year of the final CO2

standards, 2012. Estimates of the 

technology and cost for the interim 

model years are developed from the 

model projections made for 2016. This 

process is discussed in Chapter 6 of 

EPA’s RIA to this final rule. When 

evaluating the 2016 standards using the 

OMEGA model, the final CO2 standard 

which manufacturers will otherwise 

have to meet to account for the 

anticipated level of A/C credits 

generated was adjusted. On an industry 

wide basis, the projection shows that 

manufacturers will generate 11 g/mi of 

A/C credit in 2016. Thus, the 2016 CO2

target for the fleet evaluated using 

OMEGA was 261 g/mi instead of 250 

g/mi. 

As noted above, EPA estimated 

separately the cost of the improved 

A/C systems required to generate the 11 

g/mi credit. This is consistent with our 

final A/C credit procedures, which will 

grant manufacturers A/C credits based 

on their total use of improved A/C 

systems, and not on the increased use of 

such systems relative to some base 

model year fleet. Some manufacturers 

may already be using improved A/C 

technology. However, this represents a 

small fraction of current vehicle sales. 

To the degree that such systems are 

already being used, EPA is overestimating both the cost and benefit of 

the addition of improved A/C 

technology relative to the true reference 

fleet to a small degree. 

The model then works with one 

manufacturer at a time to add 

technologies until that manufacturer 

meets its applicable standard. The 

OMEGA model can utilize several 

approaches to determining the order in 

which vehicles receive technologies. For 

this analysis, EPA used a ‘‘manufacturerbased net cost-effectiveness factor’’ to 

rank the technology packages in the 

order in which a manufacturer is likely 

to apply them. Conceptually, this 

approach estimates the cost of adding 

the technology from the manufacturer’s 

perspective and divides it by the mass 

of CO2 the technology will reduce. One 

component of the cost of adding a 

technology is its production cost, as 

discussed above. However, it is 

expected that new vehicle purchasers 

value improved fuel economy since it 

reduces the cost of operating the 

vehicle. Typical vehicle purchasers are 

assumed to value the fuel savings 

accrued over the period of time which 

they will own the vehicle, which is 

estimated to be roughly five years. It is 

also assumed that consumers discount 

these savings at the same rate as that 

used in the rest of the analysis (3 or 7 

percent). Any residual value of the 

additional technology which might 

remain when the vehicle is sold is not 

considered. The CO2 emission reduction 

is the change in CO2 emissions 

multiplied by the percentage of vehicles 

surviving after each year of use 

multiplied by the annual miles travelled 

by age, again discounted to the year of 

vehicle purchase. 

Given this definition, the higher 

priority technologies are those with the 

lowest manufacturer-based net costeffectiveness value (relatively low 

technology cost or high fuel savings 

leads to lower values). Because the 

order of technology application is set for 

each vehicle, the model uses the 

manufacturer-based net costeffectiveness primarily to decide which 

vehicle receives the next technology 

addition. Initially, technology package 

#1 is the only one available to any 

particular vehicle. However, as soon as 

a vehicle receives technology package 

#1, the model considers the 

manufacturer-based net costeffectiveness of technology package #2 

for that vehicle and so on. In general 

terms, the equation describing the 

calculation of manufacturer-based cost 

effectiveness is as follows: 

ManufCostEff

VMT

Gap

dCO VMT

i

i

PP

=

− × [ ]× −

×

=

TechCost dFS ∑ i

1

1

2

1 (

[ ]

)

i

i

i

Gap [ ]× −

+

∑ 1

1

35

( )

Where 

ManufCostEff = Manufacturer-Based Cost 

Effectiveness (in dollars per kilogram 

CO2), 

TechCost = Marked up cost of the technology 

(dollars), 

PP = Payback period, or the number of years 

of vehicle use over which consumers 

value fuel savings when evaluating the 

value of a new vehicle at time of 

purchase, 

dFSi = Difference in fuel consumption due to 

the addition of technology times fuel 

price in year i, 

dCO2 = Difference in CO2 emissions due to 

the addition of technology, 

VMTi = product of annual VMT for a vehicle 

of age i and the percentage of vehicles of 

age i still on the road, and 

1- Gap = Ratio of onroad fuel economy to 

two-cycle (FTP/HFET) fuel economy. 


mstockstill on DSKB9S0YB1PROD with RULES2ER07MY10.018</MATH>
25454 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 

255While diesel engines are not an ‘‘advanced 

technology’’ per se, diesel engines that can meet 

EPA’s light duty Tier 2 Bin 5 NOX standards have 

advanced (and somewhat costly) aftertreatment 

systems on them that make this technology 

penetration cap appropriate in addition to their 

relatively high incremental costs. 

256EPA did not project reliance on the use of any 

plug-in hybrid or battery electric vehicles when 

projecting manufacturers’ compliance with the 2016 

standards. However, BMW did sell a battery electric 

vehicle in the 2008 model year, so these sales are 

included in the technology penetration estimates 

for the reference case and the final and alternative 

standards evaluated for 2016. 

The OMEGA model does not 

currently allow for the VMT used in 

determining the various technology 

ranking factors to be a function of the 

rebound factor. If the user believed that 

the consideration of rebound VMT was 

important, they could increase their 

estimate of the payback period to 

simulate the impact of the rebound 

VMT. 

EPA describes the technology ranking 

methodology and manufacturer-based 

cost effectiveness metric in greater 

detail in a technical memo to the Docket 

for this final rule (Docket EPA–HQ– 

OAR–2009–0472). 

When calculating the fuel savings, the 

full retail price of fuel, including taxes 

is used. While taxes are not generally 

included when calculating the cost or 

benefits of a regulation, the net cost 

component of the manufacturer-based 

net cost-effectiveness equation is not a 

measure of the social cost of this final 

rule, but a measure of the private cost, 

(i.e., a measure of the vehicle 

purchaser’s willingness to pay more for 

a vehicle with higher fuel efficiency). 

Since vehicle operators pay the full 

price of fuel, including taxes, they value 

fuel costs or savings at this level, and 

the manufacturers will consider this 

when choosing among the technology 

options. 

This definition of manufacturer-based 

net cost-effectiveness ignores any 

change in the residual value of the 

vehicle due to the additional technology 

when the vehicle is five years old. As 

discussed in Chapter 1 of the RIA, based 

on historic used car pricing, applicable 

sales taxes, and insurance, vehicles are 

worth roughly 23% of their original cost 

after five years, discounted to year of 

vehicle purchase at 7% per annum. It is 

reasonable to estimate that the added 

technology to improve CO2 level and 

fuel economy will retain this same 

percentage of value when the vehicle is 

five years old. However, it is less clear 

whether first purchasers, and thus, 

manufacturers consider this residual 

value when ranking technologies and 

making vehicle purchases, respectively. 

For this final rule, this factor was not 

included in our determination of 

manufacturer-based net costeffectiveness in the analyses performed 

in support of this final rule. 

The values of manufacturer-based net 

cost-effectiveness for specific 

technologies will vary from vehicle to 

vehicle, often substantially. This occurs 

for three reasons. First, both the cost 

and fuel-saving component cost, 

ownership fuel-savings, and lifetime 

CO2 effectiveness of a specific 

technology all vary by the type of 

vehicle or engine to which it is being 

applied (e.g., small car versus large 

truck, or 4-cylinder versus 8-cylinder 

engine). Second, the effectiveness of a 

specific technology often depends on 

the presence of other technologies 

already being used on the vehicle (i.e., 

the dis-synergies). Third, the absolute 

fuel savings and CO2 reduction of a 

percentage on incremental reduction in 

fuel consumption depends on the CO2

level of the vehicle prior to adding the 

technology. Chapter 1 of the RIA of this 

final rule contains further detail on the 

values of manufacturer-based net costeffectiveness for the various technology 

packages. 

6. Why are the final CO2 standards 

feasible? 

The finding that the final standards 

are technically feasible is based 

primarily on two factors. One is the 

level of technology needed to meet the 

final standards. The other is the cost of 

this technology. The focus is on the 

final standards for 2016, as this is the 

most stringent standard and requires the 

most extensive use of technology. 

With respect to the level of 

technology required to meet the 

standards, EPA established technology 

penetration caps. As described in 

Section III.D.4, EPA used two 

constraints to limit the model’s 

application of technology by 

manufacturer. The first was the 

application of common fuel economy 

enablers such as low rolling resistance 

tires and transmission logic changes. 

These were allowed to be used on all 

vehicles and hence had no penetration 

cap. The second constraint was applied 

to most other technologies and limited 

their application to 85% with the 

exception of the most advanced 

technologies (e.g., power-split hybrid 

and 2-mode hybrid) and diesel,255

whose application was limited to 15%. 

EPA used the OMEGA model to 

project the technology (and resultant 

cost) required for manufacturers to meet 

the current 2011 MY CAFE standards 

and the final 2016 MY CO2 emission 

standards. Both sets of standards were 

evaluated using the OMEGA model. The 

2011 MY CAFE standards were applied 

to cars and trucks separately with the 

transfer of credits from one category to 

the other allowed up to an increase in 

fuel economy of 1.0 mpg as allowed 

under the applicable MY 2011 CAFE 

regulations. Chrysler, Ford and General 

Motors are assumed to utilize FFV 

credits up to the maximum of 1.2 mpg 

for both their car and truck sales. Nissan 

is assumed to utilize FFV credits up to 

the maximum of 1.2 mpg for only their 

truck sales. The use of any banked 

credits from previous model years was 

not considered. The modification of the 

reference fleet to comply with the 2011 

CAFE standards through the application 

of technology by the OMEGA model is 

the final step in creating the final 

reference fleet. This final reference fleet 

forms the basis for comparison for the 

model year 2016 standards. 

Table III.D.6–1 shows the usage level 

of selected technologies in the 2008 

vehicles coupled with 2016 sales prior 

to projecting their compliance with the 

2011 MY CAFE standards. These 

technologies include converting port 

fuel-injected gasoline engines to direct 

injection (GDI), adding the ability to 

deactivate certain engine cylinders 

during low load operation to overhead 

cam engines (OHC–DEAC), adding a 

turbocharger and downsizing the engine 

(Turbo), diesel engine technology, 

increasing the number of transmission 

speeds to 6, or converting automatic 

transmissions to dual-clutch automated 

manual transmissions (Dual-Clutch 

Trans), adding 42 volt start-stop 

capability (Start-Stop), and converting a 

vehicle to an intermediate or strong 

hybrid design. This last category 

includes three current hybrid designs: 

Integrated motor assist (IMA), powersplit (PS), 2-mode hybrids and electric 

vehicles.256

mstockstill on DSKB9S0YB1PROD with RULES2

Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 25455 

TABLE III.D.6–1—PENETRATION OF TECHNOLOGY IN 2008 VEHICLES WITH 2016 SALES: CARS AND TRUCKS

[Percent of sales] 

GDI OHC–DEAC Turbo Diesel 6 Speed 

auto trans 

Dual clutch 

trans Start-stop Hybrid 

BMW ................................ 7.5 0.0 6.1 0.0 86 0.9 0 0.1 

Chrysler ............................ 0.0 0.0 0.5 0.1 14 0.0 0 0.0 

Daimler ............................. 0.0 0.0 6.5 5.6 76 7.5 0 0.0 

Ford .................................. 0.4 0.0 2.2 0.0 29 0.0 0 0.0 

General Motors ................ 3.1 0.0 1.4 0.0 15 0.0 0 0.3 

Honda ............................... 1.4 7.1 1.4 0.0 0 0.0 0 2.1 

Hyundai ............................ 0.0 0.0 0.0 0.0 3 0.0 0 0.0 

Kia .................................... 0.0 0.0 0.0 0.0 0 0.0 0 0.0 

Mazda .............................. 13.6 0.0 13.6 0.0 26 0.0 0 0.0 

Mitsubishi ......................... 0.0 0.0 0.0 0.0 10 0.0 0 0.0 

Nissan .............................. 0.0 0.0 0.0 0.0 0 0.0 0 0.8 

Porsche ............................ 58.6 0.0 14.9 0.0 49 0.0 0 0.0 

Subaru .............................. 0.0 0.0 9.8 0.0 0 0.0 0 0.0 

Suzuki .............................. 0.0 0.0 0.0 0.0 0 0.0 0 0.0 

Tata .................................. 0.0 0.0 17.3 0.0 99 0.0 0 0.0 

Toyota .............................. 6.8 0.0 0.0 0.0 21 0.0 0 11.6 

Volkswagen ...................... 50.6 0.0 39.5 0.0 69 13.1 0 0.0 

Overall .............................. 3.8 0.8 2.6 0.1 19.1 0.5 0.0 2.2 

As can be seen, all of these 

technologies were already being used on 

some 2008 MY vehicles, with the 

exception of direct injection gasoline 

engines with either cylinder 

deactivation or turbocharging and 

downsizing. Transmissions with more 

gearsets were the most prevalent, with 

some manufacturers (e.g., BMW, 

Suzuki) using them on essentially all of 

their vehicles. Both Daimler and VW 

equip many of their vehicles with 

automated manual transmissions, while 

VW makes extensive use of direct 

injection gasoline engine technology. 

Toyota has converted a significant 

percentage of its 2008 vehicles to strong 

hybrid design. 

Table III.D.6–2 shows the usage level 

of the same technologies in the 

reference case fleet after projecting their 

compliance with the 2011 MY CAFE 

standards. Except for mass reduction, 

the figures shown represent the 

percentages of each manufacturer’s sales 

which are projected to be equipped with 

the indicated technology. For mass 

reduction, the overall mass reduction 

projected for that manufacturer’s sales is 

also shown. The last row in Table 

III.D.6–2 shows the increase in projected 

technology penetration due to 

compliance with the 2011 MY CAFE 

standards. The results of DOT’s Volpe 

modeling were used to project that all 

manufacturers would comply with the 

2011 MY standards in 2016 without the 

need to pay fines, with one exception. 

This exception was Porsche in the case 

of their car fleet. When projecting 

Porsche’s compliance with the 2011 MY 

CAFE standard for cars, NHTSA 

projected that Porsche would achieve a 

CO2 emission level of 304.3 g/mi instead 

of the required 284.8 g/mi level (29.2 

mpg instead of 31.2 mpg), and pay fines 

in lieu of further control. 

TABLE III.D.6–2—PENETRATION OF TECHNOLOGY UNDER 2011 MY CAFE STANDARDS IN 2016 SALES: CARS AND

TRUCKS

[Percent of sales] 

GDI OHC–DEAC Turbo 6 Speed 

auto trans 

Dual clutch 

trans Start-stop Mass reduction 

BMW ........................................................ 44 12 30 53 37 13 2 

Chrysler .................................................... 0 0 0 18 0 0 0 

Daimler ..................................................... 23 22 8 52 34 26 2 

Ford .......................................................... 0 0 3 27 0 0 0 

General Motors ........................................ 3 0 1 15 0 0 0 

Honda ....................................................... 2 6 2 0 0 0 0 

Hyundai .................................................... 0 0 0 3 0 0 0 

Kia ............................................................ 0 0 0 0 0 0 0 

Mazda ...................................................... 13 0 13 20 0 0 0 

Mitsubishi ................................................. 32 0 2 25 35 0 1 

Nissan ...................................................... 0 0 0 0 0 0 0 

Porsche .................................................... 92 0 75 5 55 38 4 

Subaru ...................................................... 0 0 9 0 0 0 0 

Suzuki ...................................................... 70 0 0 3 67 67 3 

Tata .......................................................... 85 54 20 27 73 73 6 

Toyota ...................................................... 7 0 0 19 0 0 0 

Volkswagen .............................................. 89 5 81 14 78 18 3 

Overall ...................................................... 10 2 7 16 7 3 0 

Increase over 2008 MY ........................... 6 1 4 ¥3 6 3 0 

mstockstill on DSKB9S0YB1PROD with RULES2

25456 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 

257Many of the technologies shown in this table 

are mutually exclusive. Thus, 85% penetration 

might not be possible. For example, any use of 

hybrids will reduce the DEAC, Turbo, 6SPD, DCT, 

and 42V S–S technologies. Additionally, not every 

technology is available to be used on every vehicle 

type. 

As can be seen, the 2011 MY CAFE 

standards, when evaluated on an 

industry wide basis, require only a 

modest increase in the use of these 

technologies. The projected MY 2016 

fraction of automatic transmission with 

more gearsets actually decreases slightly 

due to conversion of these units to more 

efficient designs such as automated 

manual transmissions and hybrids. 

However, the impact of the 2011 MY 

CAFE standards is much greater on 

selected manufacturers, particularly 

BMW, Daimler, Porsche, Tata (Jaguar/ 

Land Rover) and VW. All of these 

manufacturers are projected to increase 

their use of direct injection gasoline 

engine technology, advanced 

transmission technology, and start-stop 

technology. It should be noted that these 

manufacturers have traditionally paid 

fines under the CAFE program. 

However, with higher fuel prices and 

the lower cost mature technology 

projected to be available by 2016, these 

manufacturers would likely find it in 

their best interest to improve their fuel 

economy levels instead of continuing to 

pay fines (again with the exception of 

Porsche cars). While not shown, no 

gasoline engines were projected to be 

converted to diesel technology and no 

hybrid vehicles were projected. Most 

manufacturers do not require the level 

of CO2 emission control associated with 

either of these technologies. The few 

manufacturers that would were 

projected to choose to pay CAFE fines 

in 2011 in lieu of adding diesel or 

hybrid technologies. 

This 2008 baseline fleet, modified to 

meet 2011 standards, becomes our 

‘‘reference’’ case. See Section II.B above. 

This is the fleet against which the final 

2016 standards are compared. Thus, it is 

also the fleet that is assumed to exist in 

the absence of this rule. No air 

conditioning improvements are 

assumed for model year 2011 vehicles. 

The average CO2 emission levels of this 

reference fleet vary slightly from 2012– 

2016 due to small changes in the vehicle 

sales by market segments and 

manufacturer. CO2 emissions from cars 

range from 282–284 g/mi, while those 

from trucks range from 382–384 g/mi. 

CO2 emissions from the combined fleet 

range from 316–320. These estimates are 

described in greater detail in Section 

5.3.2.2 of the EPA RIA. 

Conceptually, both EPA and NHTSA 

perform the same projection in order to 

develop their respective reference fleets. 

However, because the two agencies use 

two different models to modify the 

baseline fleet to meet the 2011 CAFE 

standards, the projected technology that 

could be added will be slightly 

different. The differences, however, are 

relatively small since most 

manufacturers only require modest 

addition of technology to meet the 2011 

CAFE standards. 

EPA then used the OMEGA model 

once again to project the level of 

technology needed to meet the final 

2016 CO2 emission standards. Using the 

results of the OMEGA model, every 

manufacturer was projected to be able to 

meet the final 2016 standards with the 

technology described above except for 

four: BMW, VW, Porsche and Tata 

(which is comprised of Jaguar and Land 

Rover vehicles in the U.S. fleet). For 

these manufacturers, the results 

presented below are those with the fully 

allowable application of technology 

available in EPA’s OMEGA modeling 

analysis and not for the technology 

projected to enable compliance with the 

final standards. Described below are a 

number of potential feasible solutions 

for how these companies can achieve 

compliance. The overall level of 

technology needed to meet the final 

2016 standards is shown in Table 

III.D.6–3. As discussed above, all 

manufacturers are projected to improve 

the air conditioning systems on 85% of 

their 2016 sales.257

TABLE III.D.6–3—FINAL PENETRATION OF TECHNOLOGY FOR 2016 CO2 STANDARDS: CARS AND TRUCKS

[Percent of sales] 

GDI OHC–DEAC Turbo Diesel 6 Speed 

auto trans 

Dual clutch 

trans Start-stop Hybrid Mass Reduction 

BMW ........ 80 21 61 6 13 63 65 14 5 

Chrysler .... 79 13 17 0 31 52 54 0 6 

Daimler ..... 76 30 53 5 12 72 67 14 5 

Ford .......... 84 21 19 0 27 60 61 0 6 

General 

Motors ... 67 25 14 0 8 61 61 0 6 

Honda ....... 43 6 2 0 0 49 18 2 3 

Hyundai .... 59 0 1 0 8 52 32 0 3 

Kia ............ 33 0 1 0 0 52 4 0 2 

Mazda ...... 60 0 14 1 17 47 41 0 4 

Mitsubishi 74 0 33 0 14 74 74 0 6 

Nissan ...... 66 7 11 0 2 62 58 1 5 

Porsche .... 83 15 62 8 5 45 62 15 4 

Subaru ...... 60 0 9 0 0 58 44 0 3 

Suzuki ...... 77 0 0 0 10 67 67 0 4 

Tata .......... 85 55 27 0 14 70 70 15 5 

Toyota ...... 26 7 3 0 13 40 7 12 2 

Volkswagen ... 82 18 71 11 10 68 60 15 4 

Overall ...... 60 13 15 1 12 55 42 4 4 

Increase 

over 

2011 

CAFE .... 49 11 9 1 ¥4 48 39 2 4 

mstockstill on DSKB9S0YB1PROD with RULES2

Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 25457 

Table III.D.6–4 shows the 2016 

standards, as well as the achieved CO2

emission levels for the five 

manufacturers which are not able to 

meet these standards under the 

premises of our modeling. It should be 

noted that the two sets of combined 

emission levels shown in Table III.D.6– 

4 are based on sales weighting car and 

truck emission levels. 

TABLE III.D.6–4—EMISSIONS OF MANUFACTURERS UNABLE TO MEET FINAL 2016 STANDARDS (G/MI CO2) 

Manufacturer 

Achieved emissions 2016 Standards Shortfall 

Car Truck Combined Car Truck Combined Combined 

BMW .......................................... 236.3 278.7 248.5 228.4 282.5 243.9 4.6 

Tata ............................................ 258.6 323.6 284.2 249.9 272.5 258.8 25.4 

Daimler ....................................... 246.3 297.8 262.6 238.3 294.3 256.1 6.5 

Porsche ...................................... 244.1 332.0 273.4 206.1 286.9 233.0 40.4 

Volkswagen ................................ 223.5 326.6 241.6 218.6 292.7 231.6 10.0 

As can be seen, BMW and Daimler 

have the smallest shortfalls, 5–6 g/mi, 

while Porsche has the largest, 40 g/mi. 

On an industry average basis, the 

technology penetrations are very similar 

to those projected in the proposal. There 

is a slight shift from the use of cylinder 

deactivation to the two advanced 

transmission technologies. This is due 

to the fact that the estimated costs for 

these three technologies have been 

updated, and thus, their relative cost 

effectiveness when applied to specific 

vehicles have also shifted. The reader is 

referred to Section II.E of this preamble 

as well as Chapter 3 of the Joint TSD for 

a detailed description of the cost 

estimates supporting this final rule and 

to the RIA for a description of the 

selection of technology packages for 

specific vehicle types. The other 

technologies shown in Table III.D.6–4 

changed by 2 percent or less between 

the proposal and this final rule. 

As can be seen, the overall average 

reduction in vehicle weight is projected 

to be 4 percent. This reduction varies 

across the two vehicle classes and 

vehicle base weight. For cars below 

2,950 pounds curb weight, the average 

reduction is 2.8 percent (75 pounds), 

while the average was 4.3 percent (153 

pounds) for cars above 2,950 curb 

weight. For trucks below 3,850 pounds 

curb weight, the average reduction is 4.7 

percent (163 pounds), while it was 5.1 

percent (240 pounds) for trucks above 

3,850 curb weight. Splitting trucks at a 

higher weight, for trucks below 5,000 

pounds curb weight, the average 

reduction is 4.4 percent (186 pounds), 

while it was 7.0 percent (376 pounds) 

for trucks above 5,000 curb weight. 

The levels of requisite technologies 

differ significantly across the various 

manufacturers. Therefore, several 

analyses were performed to ascertain 

the cause. Because the baseline case 

fleet consists of 2008 MY vehicle 

designs, these analyses were focused on 

these vehicles, their technology and 

their CO2 emission levels. 

Comparing CO2 emissions across 

manufacturers is not a simple task. In 

addition to widely varying vehicle 

styles, designs, and sizes, manufacturers 

have implemented fuel efficient 

technologies to varying degrees, as 

indicated in Table III.D.6–1. The 

projected levels of requisite technology 

to enable compliance with the final 

2016 standards shown in Table III.D.6– 

3 account for two of the major factors 

which can affect CO2 emissions (1) 

Level of technology already being 

utilized and (2) vehicle size, as 

represented by footprint. 

For example, the fuel economy of a 

manufacturer’s 2008 vehicles may be 

relatively high because of the use of 

advanced technologies. This is the case 

with Toyota’s high sales of their Prius 

hybrid. However, the presence of this 

technology in a 2008 vehicle eliminates 

the ability to significantly reduce CO2

further through the use of this 

technology. In the extreme, if a 

manufacturer were to hybridize a high 

level of its sales in 2016, it does not 

matter whether this technology was 

present in 2008 or whether it would be 

added in order to comply with the 

standards. The final level of hybrid 

technology would be the same. Thus, 

the level at which technology is present 

in 2008 vehicles does not explain the 

difference in requisite technology levels 

shown in Table III.D.6–3. 

Similarly, the final CO2 emission 

standards adjust the required CO2 level 

according to a vehicle’s footprint, 

requiring lower absolute emission levels 

from smaller vehicles. Thus, just 

because a manufacturer produces larger 

vehicles than another manufacturer 

does not explain the differences seen in 

Table III.D.6–3. 

In order to remove these two factors 

from our comparison, the EPA lumped 

parameter model described above was 

used to estimate the degree to which 

technology present on each 2008 MY 

vehicle in our reference fleet was 

improving fuel efficiency. The effect of 

this technology was removed and each 

vehicle’s CO2 emissions were estimated 

as if it utilized no additional fuel 

efficiency technology beyond the 

baseline. The differences in vehicle size 

were accounted for by determining the 

difference between the sales-weighted 

average of each manufacturer’s ‘‘no 

technology’’ CO2 levels to their required 

CO2 emission level under the final 2016 

standards. The industry-wide difference 

was subtracted from each 

manufacturer’s value to highlight which 

manufacturers had lower and higher 

than average ‘‘no technology’’ emissions. 

The results are shown in Figure 

III.D.6–1. 

BILLING CODE 6560–50–P 

mstockstill on DSKB9S0YB1PROD with RULES2

25458 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 

BILLING CODE 6560–50–C 


mstockstill on DSKB9S0YB1PROD with RULES2ER07MY10.019</GPH>
Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 25459 

As can be seen in Table III.D.6–3 the 

manufacturers projected to require the 

greatest levels of technology also show 

the highest offsets relative to the 

industry. The greatest offset shown in 

Figure III.D.6–1 is for Tata’s trucks 

(Land Rover). These vehicles are 

estimated to have 100 g/mi greater CO2

emissions than the average 2008 MY 

truck after accounting for differences in 

the use of fuel saving technology and 

footprint. The lowest adjustment is for 

Subaru’s trucks, which have 50 g/mi 

CO2 lower emissions than the average 

truck. 

While this comparison confirms the 

differences in the technology 

penetrations shown in Table III.D.6–3, it 

does not yet explain why these 

differences exist. Two well-known 

factors affecting vehicle fuel efficiency 

are vehicle weight and acceleration 

performance (henceforth referred to as 

‘‘performance’’). The footprint-based 

form of the final CO2 standard accounts 

for most of the difference in vehicle 

weight seen in the 2008 MY fleet. 

However, even at the same footprint, 

vehicles can have varying weights. 

Higher performing vehicles also tend to 

have higher CO2 emissions over the twocycle fuel economy test procedure. So 

manufacturers with higher average 

performance levels will tend to have 

higher average CO2 emissions for any 

given footprint. This variability at any 

given footprint contributes to much of 

the scatter in the data (shown for 

example on plots like Figures II.C.1–3 

through II.C.1–6). 

We developed a methodology to 

assess the impact of these two factors on 

each manufacturer’s projected 

compliance with the 2016 standards. 

First, we had to remove (or isolate) the 

effect of CO2 control technology already 

being employed on 2008 vehicles. As 

described above, 2008 vehicles exhibit a 

wide range of control technology and 

leaving these impacts in place would 

confound the assessment of 

performance and weight on CO2

emissions. Thus, the first step was to 

estimate each vehicle’s ‘‘no technology’’ 

CO2 emissions. To do this, we used the 

EPA lumped parameter model 

(described in the TSD) to estimate the 

overall percentage reduction in CO2

emissions associated with technology 

already on the vehicle and then backed 

out this effect mathematically. Second, 

we performed a least-square linear 

regression of these no technology CO2

levels against curb weight and the ratio 

of rated engine horsepower to curb 

weight simultaneously. The ratio of 

rated engine horsepower to curb weight 

is a good surrogate for acceleration 

performance and the data is available 

for all vehicles, whereas the zero to 

sixty time is not. Both factors were 

found to be statistically significant at 

the 95% confidence level. Together, 

they explained over 80% of the 

variability in vehicles’ CO2 emissions 

for cars and over 70% for trucks. Third, 

we determined the sales-weighted 

average curb weight per footprint for 

cars and trucks, respectively, for the 

fleet as a whole. We also determined the 

sales-weighted average of the ratio of 

rated engine horsepower to curb weight 

for cars and trucks, respectively, for the 

fleet as a whole. Fourth, we adjusted 

each vehicle’s ‘‘no technology’’ CO2

emissions to eliminate the degree to 

which the vehicle had higher or lower 

acceleration performance or curb weight 

per footprint relative to the car or truck 

fleet as a whole. For example, if a car’s 

ratio of horsepower to weight was 0.007 

and the average ratio for all cars was 

0.006, then the vehicle’s ‘‘no 

technology’’ CO2 emission level was 

reduced by the difference between these 

two values (0.001) times the impact of 

the ratio of horsepower to weight on car 

CO2 emissions from the above linear 

regression. Finally, we substituted these 

performance and weight adjusted CO2

emission levels for the original, ‘‘no 

technology’’ CO2 emission levels shown 

in Figure III.D.6–1. The results are 

shown in Figure III.D.6–2. 

BILLING CODE 6560–50–P 

mstockstill on DSKB9S0YB1PROD with RULES2

25460 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 

BILLING CODE 6560–50–C 


mstockstill on DSKB9S0YB1PROD with RULES2ER07MY10.020</GPH>
Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 25461 

258As a side note, one of the benefits for the offcycle technology credits allowed in this final rule 

is the opportunity this flexibility provides for some 

of these ‘feature-dense’ vehicles to generate such 

credits to assist, to some extent, in the companies’ 

ability to comply. 

First, note that the scale in Figure 

III.D.6–2 is much smaller by a factor of 

3 than that in Figure III.D.6–1. In other 

words, accounting for differences in 

vehicle weight (at constant footprint) 

and performance dramatically reduces 

the variability among the manufacturers’ 

CO2 emissions. Most of the 

manufacturers with high positive offsets 

in Figure III.D.6–1 now show low or 

negative offsets. For example, BMW’s 

and VW’s trucks show very low CO2

emissions. Tata’s emissions are very 

close to the industry average. Daimler’s 

vehicles are no more than 10 g/mi above 

the average for the industry. This 

analysis indicates that the primary 

reasons for the differences in technology 

penetrations shown for the various 

manufacturers in Table III.D.6–3 are 

weight and acceleration performance. 

EPA has not determined why some 

manufacturers’ vehicle weight is 

relatively high for its footprint value, or 

whether this weight provides additional 

utility for the consumer. Performance is 

more straightforward. Some consumers 

desire high-acceleration performance 

and some manufacturers orient their 

sales towards these consumers. 

However, the cost in terms of CO2

emissions is clear. Manufacturers 

producing relatively heavy or high 

performance vehicles presently (with 

concomitant increased CO2 emissions) 

will require greater levels of technology 

in order to meet the final CO2 standards 

in 2016. 

As can be seen from Table III.D.6–3 

above, widespread use of several 

technologies is projected due to the final 

standards. The vast majority of engines 

are projected to be converted to direct 

injection, with some of these engines 

including cylinder deactivation or 

turbocharging and downsizing. More 

than 60 percent of all transmissions are 

projected to be either 6+ speed 

automatic transmissions or dual-clutch 

automated manual transmissions. More 

than one-third of the fleet is projected 

to be equipped with 42 volt start-stop 

capability. This technology was not 

utilized in 2008 vehicles, but as 

discussed above, promises significant 

fuel efficiency improvement at a 

moderate cost. 

In their comments, Porsche stated that 

their vehicles have twice the power-toweight ratio as the fleet average and that 

their vehicles presently have a high 

degree of technology penetration, which 

allows them to meet the 2009 CAFE 

standards. Porsche also commented that 

the 2016 standards are not feasible for 

their firm, in part due to the high level 

of technologies already present in their 

vehicles and due to their ‘‘very long 

production life cycles’’. BMW in their 

comments stated that their vehicles are 

‘‘feature-dense’’ thus ‘‘requiring 

additional efforts to comply’’ with future 

standards.258 Ferrari, in their comments, 

states that the standards are not feasible 

for high-performance sports cars 

without compromising on their 

‘‘distinctiveness’’. They also state that 

because they already have many 

technologies on the vehicles, ‘‘there are 

limited possibilities for further 

improvements.’’ Finally Ferrari states 

that smaller volume manufacturers have 

higher costs ‘‘because they can be 

distributed over very limited production 

volumes’’, and they have longer product 

lifecycles. The latter view was also 

shared by Lotus. These comments will 

be addressed below, but are cited here 

as supporting the conclusions from the 

above analysis that high-performance 

and feature-dense vehicles have a 

greater challenge meeting the 2016 

standards. In general, other 

manufacturers covering the rest of the 

fleet and other commenters agreed with 

EPA’s analysis in the proposal of 

projected technology usage, and 

supported the view that the 2016 model 

year standards were feasible in the leadtime provided. 

In response to the comments above, 

EPA foresees no significant technical or 

engineering issues with the projected 

deployment of these technologies across 

the fleet by MY 2016, with their 

incorporation being folded into the 

vehicle redesign process (with the 

exception of some of the small volume 

manufacturers). All of these 

technologies are commercially available 

now. The automotive industry has 

already begun to convert its port fuelinjected gasoline engines to direct 

injection. Cylinder deactivation and 

turbocharging technologies are already 

commercially available. As indicated in 

Table III.D.6–1, high-speed 

transmissions are already widely used. 

However, while more common in 

Europe, automated manual 

transmissions are not currently used 

extensively in the U.S. Widespread use 

of this technology would require 

significant capital investment but does 

not present any significant technical or 

engineering issues. Start-stop systems 

based on a 42-volt architecture also 

represent a challenge because of the 

complications involved in a changeover 

to a higher voltage electrical 

architecture. However, with appropriate 

capital investments (which are captured 

in the EPA estimated costs), these 

technology penetration rates are 

achievable within the timeframe of this 

rule. While most manufacturers have 

some plans for these systems, our 

projections indicate that their use may 

exceed 35% of sales, with some 

manufacturers projected to use higher 

levels. 

Most manufacturers are not projected 

to hybridize any vehicles to comply 

with the final standards. The hybrids 

shown for Toyota are projected to be 

sold even in the absence of the final 

standards. However the relatively high 

hybrid penetrations (14–15%) projected 

for BMW, Daimler, Porsche, Tata and 

Volkswagen deserve further discussion. 

These manufacturers are all projected by 

the OMEGA model to utilize the 

maximum application of full hybrids 

allowed by our model in this timeframe, 

which is 15 percent. 

As discussed in the EPA RIA, a 

maximum 2016 technology penetration 

rate of 85% is projected for the vast 

majority of available technologies, 

however, for full hybrid systems the 

projection shows that given the 

available lead-time full hybrids can only 

be applied to approximately 15% of a 

manufacturer’s fleet. This number of 

course can vary by manufacturer. 

Hybrids are a relatively costly 

technology option which requires 

significant changes to a vehicle’s 

powertrain design, and EPA estimates 

that manufacturers will require a 

significant amount of lead time and 

capital investment to introduce this 

technology into the market in very large 

numbers. Thus the EPA captures this 

significant change in production 

facilities with a lower penetration cap. 

A more thorough discussion of lead 

time limitations can be found below and 

in Section III.B.5. 

While the hybridization levels of 

BMW, Daimler, Porsche, Tata and 

Volkswagen are relatively high, the sales 

levels of these five manufacturers are 

relatively low. Thus, industry-wide, 

hybridization reaches only 4 percent, 

compared with 3 percent in the 

reference case. This 4 percent level is 

believed to be well within the capability 

of the hybrid component industry by 

2016. Thus, the primary challenge for 

these five companies would be at the 

manufacturer level, redesigning a 

relatively large percentage of sales to 

include hybrid technology. The final 

TLAAS provisions will provide 

significant needed lead time to these 

manufacturers for pre-2016 compliance, 

since all qualified companies are able to 

take advantage of these provisions. 

By 2016, it is likely that these 

manufacturers would also be able to 

mstockstill on DSKB9S0YB1PROD with RULES2

25462 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 

259For example, a manufacturer that only sells 

electric vehicles may very well sell the credits they 

earn to another manufacturer that does not sell any 

electric vehicles. 

260Note that the actual cost of the A/C technology 

is estimated at $71 per vehicle as shown in Table 

III.D.2–3. However, we expect only 85 percent of 

the fleet to add that technology. Therefore, the cost 

of the technology when spread across the entire 

fleet is $60 per vehicle ($71 × 85% = $60). 

change vehicle characteristics which 

currently cause their vehicles to emit 

much more CO2 than similar sized 

vehicles produced by other 

manufacturers. These factors may 

include changes in model mix, further 

mass reduction, electric and/or plug-in 

hybrid vehicles as well as technologies 

that may not be included in our 

packages. Also, companies may have 

technology penetration rates of less 

costly technologies (listed in the above 

tables) greater than 85%, and they may 

also be able to apply hybrid technology 

to more than 15 percent of their fleet 

(while the 15% cap on the application 

of hybrid technology is reasonable for 

the industry as a whole, higher 

percentages are certainly possible for 

individual manufacturers, particularly 

those with small volumes). For example, 

a switch to a low GWP alternative 

refrigerant in a large fraction of a fleet 

can replace many other much more 

costly technologies, but this option is 

not captured in the modeling. In 

addition, these manufacturers can also 

take advantage of flexibilities, such as 

early credits for air conditioning and 

trading with other manufacturers. 

EPA believes it is likely that there will 

be certain high volume manufacturers 

that will earn a significant amount of 

early GHG credits starting in 2010 that 

would expire 5 years later, by 2015, 

unused. It is possible that these 

manufacturers may be willing to sell 

these credits to manufacturers with 

whom there is little or no direct 

competition.259 Furthermore, a large 

number of manufacturers have also 

stated publicly that they support the 

2016 standards. The following 

companies have all submitted letters in 

support of the national program, 

including the 2016 MY levels discussed 

above: BMW, Chrysler, Daimler, Ford, 

GM, Nissan, Honda, Mazda, Toyota, and 

Volkswagen. This supports the view 

that the emissions reductions needed to 

achieve the standards are technically 

and economically feasible for all these 

companies, and that EPA’s projection of 

model year 2016 non-compliance for 

BMW, Daimler, and Volkswagen is 

based on an inability of our model at 

this time to fully account for the full 

flexibilities of the EPA program as well 

as the potentially unique technology 

approaches or new product offerings 

which these manufacturers are likely to 

employ. 

In addition, manufacturers do not 

need to apply technology exactly 

according to our projections. Our 

projections simply indicate one path 

which would achieve compliance. 

Those manufacturers whose vehicles are 

heavier (feature dense) and higher 

performing than average in particular 

have additional options to facilitate 

compliance and reduce their 

technological burden closer to the 

industry average. These options include 

decreasing the mass of the vehicles and/ 

or decreasing the power output of the 

engines. Finally, EPA allows 

compliance to be shown through the use 

of emission credits obtained from other 

manufacturers. Especially for the lower 

volume sales of some manufacturers 

that could be one component of an 

effective compliance strategy, reducing 

the technology that needs to be 

employed on their vehicles. 

For light-duty cars and trucks, 

manufacturers have available to them a 

range of technologies that are currently 

commercially available and can feasibly 

be employed in their vehicles by MY 

2016. Our modeling projects widespread 

use of these technologies as a 

technologically feasible approach to 

complying with the final standards. 

Comments from the manufacturers 

provided broad support for this 

conclusion. A limited number of 

commenters presented specific concerns 

about their technology opportunities, 

and EPA has described above (and 

elsewhere in the rule) the paths 

available for them to comply. 

In sum, EPA believes that the 

emissions reductions called for by the 

final standards are technologically 

feasible, based on projections of 

widespread use of commercially 

available technology, as well as use by 

some manufacturers of other technology 

approaches and compliance flexibilities 

not fully reflected in our modeling. 

EPA also projected the cost associated 

with these projections of technology 

penetration. Table III.D.6–4 shows the 

cost of technology in order for 

manufacturers to comply with the 2011 

MY CAFE standards, as well as those 

associated with the final 2016 CO2

emission standards. The latter costs are 

incremental to those associated with the 

2011 MY standards and also include 

$60 per vehicle, on average, for the cost 

of projected use of improved airconditioning systems.260

TABLE III.D.6–4—COST OF TECHNOLOGY PER VEHICLE IN 2016 ($2007) 

2011 MY CAFE standards, relative to 

2008 MY 

Final 2016 CO2 standards, relative to 

2011 MY CAFE standards 

Cars Trucks All Cars Trucks All 

BMW ........................................................ $346 $423 $368 $1,558 $1,195 $1,453 

Chrysler .................................................... 33 116 77 1,129 1,501 1,329 

Daimler ..................................................... 468 683 536 1,536 931 1,343 

Ford .......................................................... 73 161 106 1,108 1,442 1,231 

General Motors ........................................ 31 181 102 899 1,581 1,219 

Honda ....................................................... 0 0 0 635 473 575 

Hyundai .................................................... 0 69 10 802 425 745 

Kia ............................................................ 0 42 7 667 247 594 

Mazda ...................................................... 0 0 0 855 537 808 

Mitsubishi ................................................. 328 246 295 817 1,218 978 

Nissan ...................................................... 0 61 18 686 1,119 810 

Porsche .................................................... 473 706 550 1,506 759 1,257 

Subaru ...................................................... 68 62 66 962 790 899 

Suzuki ...................................................... 49 232 79 1,015 537 937 

Tata .......................................................... 611 1,205 845 1,181 680 984 

Toyota ...................................................... 0 0 0 381 609 455 

Volkswagen .............................................. 228 482 272 1,848 972 1,694 

mstockstill on DSKB9S0YB1PROD with RULES2

Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 25463 

TABLE III.D.6–4—COST OF TECHNOLOGY PER VEHICLE IN 2016 ($2007)—Continued 

2011 MY CAFE standards, relative to 

2008 MY 

Final 2016 CO2 standards, relative to 

2011 MY CAFE standards 

Cars Trucks All Cars Trucks All 

Overall ...................................................... 63 138 89 870 1,099 948 

As can be seen, the industry average 

cost of complying with the 2011 MY 

CAFE standards is quite low, $89 per 

vehicle. This cost is $11 per vehicle 

higher than that projected in the NPRM. 

This change is very small and is due to 

several factors, mainly changes in the 

projected sales of each manufacturer’s 

specific vehicles, and changes in 

estimated technology costs. Similar to 

the costs projected in the NPRM, the 

range of costs across manufacturers is 

quite large. Honda, Mazda and Toyota 

are projected to face no cost. In contrast, 

Mitsubishi, Porsche, Tata and 

Volkswagen face costs of at least $272 

per vehicle. As described above, three of 

these last four manufacturers (all but 

Mitsubishi) face high costs to meet even 

the 2011 MY CAFE standards due to 

either their vehicles’ weight per unit 

footprint or performance. Porsche 

would have been projected to face lower 

costs in 2016 if they were not expected 

to pay CAFE fines in 2011. 

As shown in the last row of Table 

III.D.6–4, the average cost of technology 

to meet the final 2016 standards for cars 

and trucks combined relative to the 

2011 MY CAFE standards is $948 per 

vehicle. This is $103 lower than that 

projected in the NPRM, due primarily to 

lower technology cost projections for 

the final rule compared to the NPRM for 

certain technologies. (See Chapter 1 of 

the Joint TSD for a detailed description 

of how our technology costs for the final 

rule differ from those used in the 

NPRM). As was the case in the NPRM, 

Table III.D.6–4 shows that the average 

cost for cars would be slightly lower 

than that for trucks. Toyota and Honda 

show projected costs significantly below 

the average, while BMW, Porsche, Tata 

and Volkswagen show significantly 

higher costs. On average, the $948 per 

vehicle cost is significant, representing 

3.4 percent of the total cost of a new 

vehicle. However, as discussed below, 

the fuel savings associated with the final 

standards exceed this cost significantly. 

In general, commenters supported EPA’s 

cost projections, as discussed in Section 

II. 

While the CO2 emission compliance 

modeling using the OMEGA model 

focused on the final 2016 MY standards, 

the final standards for 2012–2015 are 

also feasible. As discussed above, 

manufacturers develop their future 

vehicle designs with several model 

years in view. Generally, the technology 

estimated above for 2016 MY vehicles 

represents the technology which would 

be added to those vehicles which are 

being redesigned in 2012–2015. The 

final CO2 standards for 2012–2016 

reduce CO2 emissions at a fairly steady 

rate. Thus, manufacturers which 

redesign their vehicles at a fairly steady 

rate will automatically comply with the 

interim standard as they plan for 

compliance in 2016. 

Manufacturers which redesign much 

fewer than 20% of their sales in the 

early years of the final program would 

face a more difficult challenge, as 

simply implementing the ‘‘2016 MY’’ 

technology as vehicles are redesigned 

may not enable compliance in the early 

years. However, even in this case, 

manufacturers would have several 

options to enable compliance. One, they 

could utilize the debit carry-forward 

provisions described above. This may be 

sufficient alone to enable compliance 

through the 2012–2016 MY time period, 

if their redesign schedule exceeds 20% 

per year prior to 2016. If not, at some 

point, the manufacturer might need to 

increase their use of technology beyond 

that projected above in order to generate 

the credits necessary to balance the 

accrued debits. For most manufacturers 

representing the vast majority of U.S. 

sales, this would simply mean 

extending the same technology to a 

greater percentage of sales. The added 

cost of this in the later years of the 

program would be balanced by lower 

costs in the earlier years. Two, the 

manufacture could take advantage of the 

many optional credit generation 

provisions contained in this final rule, 

including early-credit generation for 

model years 2009–2011, credits for 

advanced technology vehicles, and 

credits for the application of technology 

which result in off-cycle GHG 

reductions. Finally, the manufacturer 

could buy credits from another 

manufacturer. As indicated above, 

several manufacturers are projected to 

require less stringent technology than 

the average. These manufacturers would 

be in a position to provide credits at a 

reasonable technology cost. Thus, EPA 

believes the final standards for 2012– 

2016 would be feasible. Further 

discussion of the technical feasibility of 

the interim year standards, including for 

smaller volume manufacturers can be 

found in Section III.B, in the discussion 

on the Temporary Leadtime Allowance 

Alternative Standards. 

7. What other fleet-wide CO2 levels 

were considered? 

Two alternative sets of CO2 standards 

were considered. One set would reduce 

CO2 emissions at a rate of 4 percent per 

year. The second set would reduce CO2

emissions at a rate of 6 percent per year. 

The analysis of these standards followed 

the exact same process as described 

above for the final standards. The only 

difference was the level of CO2 emission 

standards. The footprint-based standard 

coefficients of the car and truck curves 

for these two alternative control 

scenarios were discussed above. The 

resultant projected CO2 standards in 

2016 for each manufacturer under these 

two alternative scenarios and under the 

final rule are shown in Table III.D.7–1. 

TABLE III.D.7–1—OVERALL AVERAGE CO2 EMISSION STANDARDS BY MANUFACTURER IN 2016 

4% per year Final Rule 6% per year 

BMW ................................................................................................................................ 248 244 224 

Chrysler ............................................................................................................................ 270 266 245 

Daimler ............................................................................................................................. 260 256 236 

Ford .................................................................................................................................. 261 257 237 

General Motors ................................................................................................................ 275 271 250 

Honda .............................................................................................................................. 248 244 224 

mstockstill on DSKB9S0YB1PROD with RULES2

25464 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 

TABLE III.D.7–1—OVERALL AVERAGE CO2 EMISSION STANDARDS BY MANUFACTURER IN 2016—Continued 

4% per year Final Rule 6% per year 

Hyundai ............................................................................................................................ 234 231 212 

Kia .................................................................................................................................... 239 236 217 

Mazda .............................................................................................................................. 232 228 210 

Mitsubishi ......................................................................................................................... 244 239 219 

Nissan .............................................................................................................................. 250 245 226 

Porsche ............................................................................................................................ 237 233 213 

Subaru ............................................................................................................................. 238 234 214 

Suzuki .............................................................................................................................. 222 218 199 

Tata .................................................................................................................................. 263 259 239 

Toyota .............................................................................................................................. 249 245 225 

Volkswagen ...................................................................................................................... 236 232 213 

Overall .............................................................................................................................. 254 250 230 

Tables III.D.7–2 and III.D.7–3 show 

the technology penetration levels for the 

4 percent per year and 6 percent per 

year standards in 2016. 

TABLE III.D.7–2—TECHNOLOGY PENETRATION—4% PER YEAR CO2 STANDARDS IN 2016: CARS AND TRUCKS COMBINED

[In percent] 

GDI OHC– 

DEAC Turbo Diesel 6 Speed auto trans 

Dual clutch 

trans Start-stop Hybrid 

Mass 

reduction 

(%) 

BMW ........................... 80 21 61 6 13 63 65 14 5 

Chrysler ...................... 67 13 17 0 26 52 54 0 6 

Daimler * ..................... 76 30 53 5 12 72 67 14 5 

Ford ............................ 77 18 16 0 25 58 59 0 5 

General Motors .......... 62 24 11 0 7 57 57 0 5 

Honda ......................... 44 6 2 0 0 49 15 2 2 

Hyundai ...................... 52 0 1 0 3 52 28 0 3 

Kia .............................. 37 0 1 0 0 57 0 0 2 

Mazda ......................... 79 0 14 1 17 66 60 0 5 

Mitsubishi ................... 85 0 31 0 16 72 72 0 6 

Nissan ........................ 69 7 11 0 2 64 61 1 6 

Porsche * .................... 83 15 62 8 5 45 62 15 4 

Subaru ........................ 72 0 9 0 0 70 37 0 3 

Suzuki ......................... 70 0 0 0 3 67 67 0 3 

Tata * .......................... 85 55 27 0 14 70 70 15 5 

Toyota ........................ 15 7 0 0 13 30 7 12 1 

Volkswagen * .............. 82 18 71 11 10 68 60 15 4 

Overall ........................ 56 13 14 1 11 53 41 4 4 

Increase over 2011 

CAFE ...................... 46 11 7 1 ¥5 46 38 2 4 

*These manufacturers were unable to meet the final 2016 standards with the imposed caps on technology. 

TABLE III.D.7–3—TECHNOLOGY PENETRATION—6% PER YEAR ALTERNATIVE STANDARDS IN 2016: CARS AND TRUCKS

COMBINED

[In percent] 

GDI OHC– 

DEAC Turbo Diesel 6 Speed auto trans 

Dual clutch 

trans Start-stop Hybrid 

Mass 

reduction 

(%) 

BMW * ......................... 80 21 61 6 13 63 65 14 5 

Chrysler ...................... 85 13 50 0 3 82 83 2 8 

Daimler * ..................... 76 30 53 5 12 72 67 14 5 

Ford* ........................... 85 13 57 0 4 74 75 10 7 

General Motors .......... 85 25 43 0 2 83 83 2 8 

Honda ......................... 68 6 10 0 1 65 65 2 6 

Hyundai ...................... 73 1 12 0 9 64 64 0 5 

Kia .............................. 62 0 1 0 0 62 61 0 5 

Mazda ......................... 85 0 19 1 4 80 82 0 7 

Mitsubishi * ................. 85 4 42 0 4 75 75 10 7 

Nissan ........................ 85 8 38 0 0 78 81 4 8 

Porsche * .................... 83 15 62 8 5 45 62 15 4 

Subaru ........................ 84 0 18 1 3 79 80 0 6 

Suzuki ......................... 85 0 85 0 0 85 85 0 8 

Tata * .......................... 85 55 27 0 14 70 70 15 5 

Toyota ........................ 71 7 5 0 20 49 47 12 4 

mstockstill on DSKB9S0YB1PROD with RULES2

Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 25465 

TABLE III.D.7–3—TECHNOLOGY PENETRATION—6% PER YEAR ALTERNATIVE STANDARDS IN 2016: CARS AND TRUCKS

COMBINED—Continued 

[In percent] 

GDI OHC– 

DEAC Turbo Diesel 6 Speed auto trans 

Dual clutch 

trans Start-stop Hybrid 

Mass 

reduction 

(%) 

Volkswagen * .............. 82 18 71 11 10 68 60 15 4 

Overall ........................ 79 12 33 1 7 69 69 6 6 

Increase over 2011 

CAFE ...................... 69 10 26 1 ¥9 62 66 4 6 

* These manufacturers were unable to meet the final 2016 standards with the imposed caps on technology. 

With respect to the 4 percent per year 

standards, the levels of requisite control 

technology are lower than those under 

the final standards, as would be 

expected. Industry-wide, the largest 

decreases were a 7 percent decrease in 

use of gasoline direct injection engines, 

a 4 percent decrease in the use of dual 

clutch transmissions, and a 2 percent 

decrease in the application of start-stop 

technology. On a manufacturer specific 

basis, the most significant decreases 

were a 10 percent or larger decrease in 

the use of stop-start technology for 

Honda, Kia, Mitsubishi and Suzuki and 

a 12 percent drop in turbocharger use 

for Mitsubishi. These are relatively 

small changes and are due to the fact 

that the 4 percent per year standards 

only require 4 g/mi CO2 less control 

than the final standards in 2016. 

Porsche, Tata and Volkswagen continue 

to be unable to comply with the CO2

standards in 2016, even under the 4 

percent per year standard scenario. 

BMW just complied under this scenario, 

so its costs and technology penetrations 

are the same as under the final 

standards. 

With respect to the 6 percent per year 

standards, the levels of requisite control 

technology increased substantially 

relative to those under the final 

standards, as again would be expected. 

Industry-wide, the largest increase was 

a 25 percent increase in the application 

of start-stop technology and 13–17 

percent increases in the use of gasoline 

direct injection engines, turbocharging 

and dual clutch transmissions. On a 

manufacturer specific basis, the most 

significant increases were a 10 percent 

increase in hybrid penetration for Ford 

and Mitsubishi. These are more 

significant changes and are due to the 

fact that the 6 percent per year 

standards require 20 g/mi CO2 more 

control than the final standards in 2016. 

Our projections for BMW, Porsche, Tata 

and Volkswagen continue to show they 

are unable to comply with the CO2

standards in 2016, so our projections for 

these manufacturers do not differ 

relative to the final standards, though 

the amount of short-fall for each firm 

increases significantly, by an additional 

20 g/mi CO2 per firm. However, Ford 

and Mitsubishi join this list as can be 

seen from Figure III.D.6–2. The CO2

emissions from Ford’s cars are very 

similar to those of the industry when 

adjusted for technology, weight and 

performance. However, their trucks emit 

more than 25% more CO2 per mile than 

the industry average. It is possible that 

addressing this issue would resolve 

their difficulty in complying with the 6 

percent per year scenario. Both 

Mitsubishi’s cars and truck emit roughly 

10% more than the industry average 

vehicles after adjusting for technology, 

weight and performance. Again, 

addressing this issue could resolve their 

difficulty in complying with the 6 

percent per year scenario. Five 

manufacturers are projected to need to 

increase their use of start-stop 

technology by at least 30 percent. 

Table III.D.7–4 shows the projected 

cost of the two alternative sets of 

standards. 

TABLE III.D.7–4—TECHNOLOGY COST PER VEHICLE IN 2016—ALTERNATIVE STANDARDS ($2007) 

4 Percent per year standards, relative to 2011 

MY CAFE standards 

6 Percent per year standards, relative to 2011 

MY CAFE standards 

Cars Trucks All Cars Trucks All 

BMW ........................................................ $1,558 $1,195 $1,453 $1,558 $1,195 $1,453 

Chrysler .................................................... 1,111 1,236 1,178 1,447 2,156 1,827 

Daimler ..................................................... 1,536 931 1,343 1,536 931 1,343 

Ford .......................................................... 1,013 1,358 1,140 1,839 2,090 1,932 

General Motors ........................................ 834 1,501 1,148 1,728 2,030 1,870 

Honda ....................................................... 598 411 529 894 891 893 

Hyundai .................................................... 769 202 684 1,052 1,251 1,082 

Kia ............................................................ 588 238 527 1,132 247 979 

Mazda ...................................................... 766 537 733 1,093 1,083 1,092 

Mitsubishi ................................................. 733 1,164 906 1,224 1,840 1,471 

Nissan ...................................................... 572 1,119 729 1,151 1,693 1,306 

Porsche .................................................... 1,506 759 1,257 1,506 759 1,257 

Subaru ...................................................... 962 616 836 1,173 1,316 1,225 

Suzuki ...................................................... 1,015 179 879 1,426 1,352 1,414 

Tata .......................................................... 1,181 680 984 1,181 680 984 

Toyota ...................................................... 323 560 400 747 906 799 

Volkswagen .............................................. 1,848 972 1,694 1,848 972 1,694 

Overall ...................................................... 811 1,020 883 1,296 1,538 1,379 

mstockstill on DSKB9S0YB1PROD with RULES2

25466 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 

261See comments from Toyota, General Motors. 

As can be seen, the average cost of the 

4 percent per year standards is only $65 

per vehicle less than that for the final 

standards. This incremental cost is very 

similar to that projected in the NPRM. 

In contrast, the average cost of the 6 

percent per year standards is over $430 

per vehicle more than that for the final 

standards, which is $80 less than that 

projected in the NPRM (again due to 

lower technology costs). Compliance 

costs are entering the region of nonlinearity. The $65 cost savings of the 4 

percent per year standards relative to 

the final rule represents $19 per g/mi 

CO2 increase. The $430 cost increase of 

the 6 percent per year standards relative 

to the final rule represents a 25 per g/ 

mi CO2 increase. More importantly, two 

additional manufacturers, Ford and 

Mitsubishi, are projected to be unable to 

comply with the 6% per year standards. 

In addition, under the 6% per year 

standards, four manufacturers (Chrysler, 

General Motors, Suzuki and Nissan) are 

within 2 g/mi CO2 of the minimum 

achievable levels projected by EPA’s 

OMEGA model analysis for 2016. 

EPA does not believe the 4% per year 

alternative is an appropriate standard 

for the MY 2012–2016 time frame. As 

discussed above, the 250 g/mi final rule 

is technologically feasible in this time 

frame at reasonable costs, and provides 

higher GHG emission reductions at a 

modest cost increase over the 4% per 

year alternative (less than $100 per 

vehicle). In addition, the 4% per year 

alternative does not result in a 

harmonized National Program for the 

country. Based on California’s letter of 

May 18, 2009, the emission standards 

under this alternative would not result 

in the State of California revising its 

regulations such that compliance with 

EPA’s GHG standards would be deemed 

to be in compliance with California’s 

GHG standards for these model years. 

Thus, the consequence of promulgating 

a 4% per year standard would be to 

require manufacturers to produce two 

vehicle fleets: A fleet meeting the 4% 

per year Federal standard, and a 

separate fleet meeting the more stringent 

California standard for sale in California 

and the section 177 states. This further 

increases the costs of the 4% per year 

standard and could lead to additional 

difficulties for the already stressed 

automotive industry. 

EPA also does not believe the 6% per 

year alternative is an appropriate 

standard for the MY 2012–2016 time 

frame. As shown in Tables III.D.7–3 and 

III.D.7–4, the 6% per year alternative 

represents a significant increase in both 

the technology required and the overall 

costs compared to the final standards. In 

absolute percent increases in the 

technology penetration, compared to the 

final standards the 6% per year 

alternative requires for the industry as a 

whole: An 18% increase in GDI fuel 

systems, an 11% increase in turbodownsize systems, a 6% increase in 

dual-clutch automated manual 

transmissions (DCT), and a 9% increase 

in start-stop systems. For a number of 

manufacturers the expected increase in 

technology is greater: For GM, a 15% 

increase in both DCTs and start-stop 

systems, for Nissan a 9% increase in full 

hybrid systems, for Ford an 11% 

increase in full hybrid systems, for 

Chrysler a 34% increase in both DCT 

and start-stop systems and for Hyundai 

a 23% increase in the overall 

penetration of DCT and start-stop 

systems. For the industry as a whole, 

the per-vehicle cost increase for the 6% 

per year alternative is nearly $500. On 

average this is a 50% increase in costs 

compared to the final standards. At the 

same time, CO2 emissions would be 

reduced by about 8%, compared to the 

250 g/mi target level. 

As noted above, EPA’s OMEGA model 

predicts that for model year 2016, Ford, 

Mitsubishi, Mercedes, BMW, 

Volkswagen, Jaguar-Land Rover, and 

Porsche do not meet their target under 

the 6 percent per year scenario. In 

addition, Chrysler, General Motors, 

Suzuki and Nissan all are within 2 

grams/mi CO2 of maximizing the 

applicable technology allowed under 

EPA’s OMEGA model—that is, these 

companies have almost no head-room 

for compliance. In total, these 11 

companies represent more than 58 

percent of total 2016 projected U.S. 

light-duty vehicle sales. This provides a 

strong indication that the 6 percent per 

year standard is much more stringent 

than the final standards, and presents a 

significant risk of non-compliance for 

many firms, including four of the seven 

largest firms by U.S. sales. 

These technology and cost increases 

are significant, given the amount of 

lead-time between now and model years 

2012–2016. In order to achieve the 

levels of technology penetration for the 

final standards, the industry needs to 

invest significant capital and product 

development resources right away, in 

particular for the 2012 and 2013 model 

year, which is only 2–3 years from now. 

For the 2014–2016 time frame, 

significant product development and 

capital investments will need to occur 

over the next 2–3 years in order to be 

ready for launching these new products 

for those model years. Thus a major part 

of the required capital and resource 

investment will need to occur now and 

over the next few years, under the final 

standards. EPA believes that the final 

rule (a target of 250 gram/mile in 2016) 

already requires significant investment 

and product development costs for the 

industry, focused on the next few years. 

It is important to note, and as 

discussed later in this preamble, as well 

as in the Joint Technical Support 

Document and the EPA Regulatory 

Impact Analysis document, the average 

model year 2016 per-vehicle cost 

increase of nearly $500 includes an 

estimate of both the increase in capital 

investments by the auto companies and 

the suppliers as well as the increase in 

product development costs. These costs 

can be significant, especially as they 

must occur over the next 2–3 years. 

Both the domestic and transplant auto 

firms, as well as the domestic and 

world-wide automotive supplier base, is 

experiencing one of the most difficult 

markets in the U.S. and internationally 

that has been seen in the past 30 years. 

One major impact of the global 

downturn in the automotive industry 

and certainly in the U.S. is the 

significant reduction in product 

development engineers and staffs, as 

well as a tightening of the credit markets 

which allow auto firms and suppliers to 

make the near-term capital investments 

necessary to bring new technology into 

production. The 6% per year alternative 

standard would impose significantly 

increased pressure on capital and other 

resources, indicating it is too stringent 

for this time frame, given both the 

relatively limited amount of lead-time 

between now and model years 2012– 

2016, the need for much of these 

resources over the next few years, as 

well the current financial and related 

circumstances of the automotive 

industry. EPA is not concluding that the 

6% per year alternative standards are 

technologically infeasible, but EPA 

believes such standards for this time 

frame would be overly stringent given 

the significant strain it would place on 

the resources of the industry under 

current conditions. EPA believes this 

degree of stringency is not warranted at 

this time. Therefore EPA does not 

believe the 6% per year alternative 

would be an appropriate balance of 

various relevant factors for model years 

2012–1016. 

Jaguar/Land Rover, in their 

comments, agreed that the more 

stringent standards would not be 

economically practicable, and several 

automotive firms indicated that the 

proposed standards, while feasible, 

would be overly challenging.261 On the 

other hand, the Center for Biological 

Diversity (henceforth referred to here as 

CBD), strongly urged EPA to adopt more 

mstockstill on DSKB9S0YB1PROD with RULES2

Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 25467 

262See for example ‘‘How Automakers Plan Their 

Products’’, Center for Automotive Research, July 

2007. 

263See for example ‘‘Car Wars 2010–2013, The 

U.S. automotive product pipeline’’, John Murphy, 

Research Analyst, Bank of America/Merrill Lynch 

research paper, July 15, 2009. 

stringent standards. CBD gives examples 

of higher standards in other nations to 

support their contention that the 

standards should be more stringent. 

CBD also claims that the agencies are 

‘‘setting standards that deliberately 

delay implementation of technology that 

is available now’’ by setting lead time for 

the rule greater than 18 months. CBD 

also accuses the agencies of arbitrarily 

‘‘adhering to strict five-year 

manufacturer ‘redesign cycles.’ ’’ CBD 

notes that the agencies have stated that 

all of the ‘‘technologies are already 

available today,’’ and EPA and NHTSA’s 

assessment is that manufacturers 

‘‘would be able to meet the proposed 

standards through more widespread use 

of these technologies across the fleet.’’ 

Based on the agencies’ previous 

statements, CBD concludes that the fleet 

can meet the 250 g/mi target in 2010. 

EPA believes that in all cases, CBD’s 

analysis for feasibility and necessary 

lead time is flawed. 

Other countries’ absolute fleetwide 

standards are not a reliable or directly 

relevant comparison. The fleet make-up 

in other nations is quite different than 

that of the United States. CBD primarily 

cites the European Union and Japan as 

examples. Both of these regions have a 

large fraction of small vehicles (with 

lower average weight, and footprint 

size) when compared to vehicles in the 

U.S. Also the U.S. has a much greater 

fraction of light-duty trucks. In 

particular in Europe, there is a much 

higher fraction of diesel vehicles in the 

existing fleet, which leads to lower CO2

emissions in the baseline fleet as 

compared to the U.S. This is in large 

part due to the significantly different 

fuel prices seen in Europe as compared 

to the U.S. The European fleet also has 

a much higher penetration of manual 

transmission than the U.S., which also 

results in lower CO2 emissions. 

Moreover, these countries use different 

test cycles, which bias CO2 emissions 

relative to the EPA 2 cycle test cycles. 

When looked at from a technology-basis, 

with the exception of the existing large 

penetration of diesels and manual 

transmissions in the European fleet— 

there is no ‘‘magic’’ in the European and 

Japanese markets which leads to lower 

fleet-wide CO2 emissions. In fact, from 

a technology perspective, the standards 

contained in this final rule are premised 

to a large degree on the same 

technologies which the European and 

Japanese governments have relied upon 

to establish their CO2 and fuel economy 

limits for this same time frame and for 

the fleet mixes in their countries. That 

is for example, large increases in the use 

of 6+ speed transmissions, automated 

manual transmissions, gasoline direct 

injection, engine downsizing and 

turbocharging, and start-stop systems. 

CBD has not provided any detailed 

analysis of what technologies are 

available in Europe which EPA is not 

considering—and there are no such 

‘‘magic’’ technologies. The vast majority 

of the differences between the current 

and future CO2 performance of the 

Japanese and European light-duty 

vehicle fleets are due to differences in 

the size and current composition of the 

vehicle fleets in those two regions—not 

because EPA has ignored technologies 

which are available for application to 

the U.S. market in the 2012–2016 time 

frame. 

If CBD is advocating a radical 

reshifting of domestic fleet composition, 

(such as requiring U.S. consumers to 

purchase much smaller vehicles and 

requiring U.S. consumers to purchase 

vehicles with manual transmissions), it 

is sufficient to say that standards forcing 

such a result are not compelled under 

section 202(a), where reasonable 

preservation of consumer choice 

remains a pertinent factor for EPA to 

consider in balancing the relevant 

statutory factors. See also International 

Harvester (478 F. 2d at 640 

(Administrator required to consider 

issues of basic demand for new 

passenger vehicles in making technical 

feasibility and lead time 

determinations). Thus EPA believes that 

the standard is at the proper level of 

stringency for the projected domestic 

fleet in the 2012–2016 model years 

taking into account the wide variety of 

consumer choice that is reflected in this 

projection of the domestic fleet. 

As mentioned earlier (in III.D.4), 

CBD’s comments on available lead time 

also are inaccurate. Under section 

202(a), standards are to take effect only 

‘‘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.’’ Having sufficient 

lead time includes among other things, 

the time required to certify vehicles. For 

example, model year 2012 vehicles will 

be tested and certified for the EPA 

within a short time after the rule is 

finalized, and this can start as early as 

calendar year 2010, for MY 2012 

vehicles that can be produced in 

calendar year 2011. In addition, these 

2012 MY vehicles have already been 

fully designed, with prototypes built 

several years earlier. It takes several 

years to redesign a vehicle, and several 

more to design an entirely new vehicle 

not based on an existing platform. Thus, 

redesign cycles are an inextricable 

component of adequate lead time under 

the Act. A full line manufacturer only 

has limited staffing and financial 

resources to redesign vehicles, therefore 

the redesigns are staggered throughout a 

multi-year period to optimize human 

capital.262 Furthermore, redesigns 

require a significant outlay of capital 

from the manufacturer. This includes 

research and development, material and 

equipment purchasing, overhead, 

benefits, etc. These costs are significant 

and are included in the cost estimates 

for the technologies in this rule. Because 

of the manpower and financial capital 

constraints, it would only be possible to 

redesign all the vehicles across a 

manufacturer’s line simultaneously if 

the manufacturer has access to 

tremendous amounts of ready capital 

and an unrealistically large engineering 

staff. However no major automotive firm 

in the world has the capability to 

undertake such an effort, and it is 

unlikely that the supplier basis could 

support such an effort if it was required 

by all major automotive firms. Even if 

this unlikely condition were possible, 

the large engineering staff would then 

have to be downsized or work on the 

next redesign of the entire line another 

few years later. This would have the 

effect of increasing the cost of the 

vehicles. 

There is much evidence to indicate 

that the average redesign cycle in the 

industry is about 5 years.263 There are 

some manufacturers who have longer 

cycles (such as smaller manufacturers 

described above), and there are others 

who have shorter cycles for some of 

their products. EPA believes that there 

are no full line manufacturers who can 

maintain significant redesigns of 

vehicles (with relative large sales) in 1 

or 2 years, and CBD has provided no 

evidence indicating this is technically 

feasible. A complete redesign of the 

entire U.S. light-duty fleet by model 

year 2012 is clearly infeasible, and EPA 

believes that several model years 

additional lead time is necessary in 

order for the manufacturers to meet the 

standards. The graduated increase in the 

stringency of the standards from MYs 

2012 through 2016 accounts for this 

needed lead time. 

There are other reasons that the fleet 

cannot meet the 250g/mi CO2 target in 

2012 (much less in 2010). The 

commenter reasons that if technology is 

in use now—even if limited use—it can 

mstockstill on DSKB9S0YB1PROD with RULES2

25468 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 

be utilized across the fleet nearly 

immediately. This is not the case. An 

immediate demand from original 

equipment manufacturers (OEMs) to 

supply 100% of the fleet with these 

technologies in 2012 would cause their 

suppliers to encounter the same lead 

time issues discussed above. Suppliers 

have limited capacity to change their 

current production over to the newer 

technologies quickly. Part of this reason 

is due to engineering, cost and 

manpower constraints as described 

above, but additionally, the suppliers 

face an issue of ‘‘stranded capital’’. This 

is when the basic tooling and machines 

that produce the technologies in 

question need to be replaced. If these 

tools and machines are replaced before 

they near the end of their useful life, the 

suppliers are left with ‘‘stranded capital’’ 

i.e., a significant financial loss because 

they are replacing perfectly good 

equipment with newer equipment. This 

situation can also occur for the OEMs. 

In an extreme example, a plant that 

switches over from building port fuel 

injected gasoline engines to building 

batteries and motors, will require a 

nearly complete retooling of the plant. 

In a less extreme example, a plant that 

builds that same engine and switches 

over to suddenly building smaller 

turbocharged direct injection engines 

with starter alternators might have 

significant retooling costs as well as 

stranded capital. Finally, it takes a 

significant amount of time to retool a 

factory and smoothly validate the 

tooling and processes to mass produce 

a replacement technology. This is why 

most manufacturers do this process over 

time, replacing equipment as they wear 

out. CBD has not accounted for any of 

these considerations. EPA believes that 

attempting to force the types of massive 

technology penetration needed in the 

early model years of the standard to 

achieve the 2016 standards would be 

physically and cost prohibitive. 

A number of automotive firms and 

associations (including the Alliance of 

Automobile Manufacturers, Mercedes, 

and Toyota) commented that the 

standards during the early model years, 

in particular MY 2012, are too stringent, 

and that a more linear phase-in of the 

standards beginning with the MY 2011 

CAFE standards and ending with the 

250 gram/mi proposed EPA projected 

fleet-wide level in MY 2016 is more 

appropriate. In the May 19, 2009 Joint 

Notice of Intent, EPA and NHTSA stated 

that the standards would have ‘‘* * * a 

generally linear phase-in from MY 2012 

through to model year 2016.’’ (74 FR 

24008). The Alliance of Automobile 

Manufacturers stated that the phase-in 

of the standards is not linear, and they 

proposed a methodology for the CAFE 

standards to be a linear progression 

from MY 2011 to MY 2016. The 

California Air Resources Board 

commented that the proposed level of 

stringency, including the EPA proposed 

standards for MY 2012–2015, were 

appropriate and urged EPA to finalize 

the standards as proposed and not 

reduce the stringency in the early model 

years as this would result in a large loss 

of the GHG reductions from the National 

Program. EPA agrees with the comments 

from CARB, and we have not reduced 

the stringency of the program for the 

early model years. While some 

automotive firms indicated a desire to 

see a linear transition from the Model 

Year 2011 CAFE standards, our 

technology and cost analysis indicates 

that our standards are appropriate for 

these interim years. As shown in 

Section III.H of this final rule, the final 

standards result in significant GHG 

reductions, including the reductions 

from MY 2012–2015, and at reasonable 

costs, providing appropriate lead time. 

The automotive industry commenters 

did not point to a specific technical 

issue with the standards, but rather their 

desire for a linear phase-in from the 

existing 2011 CAFE standards. 

In summary, the EPA believes that the 

MY 2012–2016 standards finalized are 

feasible and that there are compelling 

reasons not to adopt more stringent 

standards, based on a reasonable 

weighing of the statutory factors, 

including available technology, its cost, 

and the lead time necessary to permit its 

development and application. For 

further discussion of these issues, see 

Chapter 4 of the RIA as well as the 

response to comments. 

E. Certification, Compliance, and 

Enforcement 

1. Compliance Program Overview 

This section describes EPA’s 

comprehensive program to ensure 

compliance with emission standards for 

carbon dioxide (CO2), nitrous oxide 

(N2O), and methane (CH4), as described 

in Section III.B. An effective compliance 

program is essential to achieving the 

environmental and public health 

benefits promised by these mobile 

source GHG standards. EPA’s GHG 

compliance program is designed around 

two overarching priorities: (1) To 

address Clean Air Act (CAA) 

requirements and policy objectives; and 

(2) to streamline the compliance process 

for both manufacturers and EPA by 

building on existing practice wherever 

possible, and by structuring the program 

such that manufacturers can use a single 

data set to satisfy both the new GHG and 

Corporate Average Fuel Economy 

(CAFE) testing and reporting 

requirements. The EPA and NHTSA 

programs recognize, and replicate as 

closely as possible, the compliance 

protocols associated with the existing 

CAA Tier 2 vehicle emission standards, 

and with CAFE standards. The 

certification, testing, reporting, and 

associated compliance activities closely 

track current practices and are thus 

familiar to manufacturers. EPA already 

oversees testing, collects and processes 

test data, and performs calculations to 

determine compliance with both CAFE 

and CAA standards. Under this 

coordinated approach, the compliance 

mechanisms for both programs are 

consistent and non-duplicative. 

Vehicle emission standards 

established under the CAA apply 

throughout a vehicle’s full useful life. 

Today’s rule establishes fleet average 

greenhouse gas standards where 

compliance with the fleet average is 

determined based on the testing 

performed at time of production, as with 

the current CAFE fleet average. EPA is 

also establishing in-use standards that 

apply throughout a vehicle’s useful life, 

with the in-use standard determined by 

adding an adjustment factor to the 

emission results used to calculate the 

fleet average. EPA’s program will thus 

not only assess compliance with the 

fleet average standards described in 

Section III.B, but will also assess 

compliance with the in-use standards. 

As it does now, EPA will use a variety 

of compliance mechanisms to conduct 

these assessments, including preproduction certification and postproduction, in-use monitoring once 

vehicles enter customer service. 

Specifically, EPA is establishing a 

compliance program for the fleet 

average that utilizes CAFE program 

protocols with respect to testing, a 

certification procedure that operates in 

conjunction with the existing CAA Tier 

2 certification procedures, and an 

assessment of compliance with the inuse standards concurrent with existing 

EPA and manufacturer Tier 2 emission 

compliance testing programs. Under this 

compliance program manufacturers will 

also be afforded numerous flexibilities 

to help achieve compliance, both 

stemming from the program design itself 

in the form of a manufacturer-specific 

CO2 fleet average standard, as well as in 

various credit banking and trading 

opportunities, as described in Section 

III.C. EPA received broad comment from 

regulated industry and from the public 

interest community supporting this 

overall compliance program structure. 

mstockstill on DSKB9S0YB1PROD with RULES2

Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 25469 

264As discussed in Section III.B.1, vehicle and 

fleet average compliance will be based on a 

combination of CO2, HC, and CO emissions. This 

is consistent with the carbon balance methodology 

used to determine fuel consumption for the labeling 

and CAFE programs. The final regulations account 

for these total carbon emissions appropriately and 

refer to the sum of these emissions as the ‘‘carbonrelated exhaust emissions’’ (CREE). Although 

regulatory text uses the more accurate term ‘‘CREE’’ 

to represent the CO2-equivalent sum of carbon 

emissions, the term CO2 is used as shorthand 

throughout Section III.E as a more familiar term for 

most readers. 

265 2007 Progress Report Vehicle and Engine 

Compliance Activities; EPA–420–R–08–011; 

October 2008. This document is available 

electronically at http://www.epa.gov/otaq/about/ 

420r08011.pdf. 266Light-Duty Automotive Technology and FuelEconomy Trends: 1975 Through 2008; EPA–420–S– 

08–003; September 2008. This document is 

available electronically at http://www.epa.gov/otaq/ 

fetrends.htm. 267See 40 CFR 600.010–08(d). 

The compliance program is outlined in 

further detail below. 

2. Compliance With Fleet-Average CO2

Standards 

Fleet average emission levels can only 

be determined when a complete fleet 

profile becomes available at the close of 

the model year. Therefore, EPA will 

determine compliance with the fleet 

average CO2 standards when the model 

year closes out, as is currently the 

protocol under EPA’s Tier 2 program as 

well as under the current CAFE 

program. The compliance determination 

will be based on actual production 

figures for each model and on modellevel emissions data collected through 

testing over the course of the model 

year. Manufacturers will submit this 

information to EPA in an end-of-year 

report which is discussed in detail in 

Section III.E.5.h below. 

Manufacturers currently conduct their 

CAFE testing over an entire model year 

to maximize efficient use of testing and 

engineering resources. Manufacturers 

submit their CAFE test results to EPA 

and EPA conducts confirmatory fuel 

economy testing at its laboratory on a 

subset of these vehicles under EPA’s 

Part 600 regulations. EPA’s proposal to 

extend this approach to the GHG 

program received overwhelming 

support from vehicle manufacturers. 

EPA is finalizing GHG requirements 

under which manufacturers will 

continue to perform the model-level 

testing currently required for CAFE fuel 

economy performance and measure and 

report the CO2 values for all tests 

conducted.264 Manufacturers will 

submit one data set in satisfaction of 

both CAFE and GHG requirements such 

that EPA’s program will not impose 

additional timing or testing 

requirements on manufacturers beyond 

that required by the CAFE program. For 

example, manufacturers currently 

submit fuel economy test results at the 

subconfiguration and configuration 

levels to satisfy CAFE requirements. 

Now manufacturers will also submit 

CO2 values for the same vehicles. 

Section III.E.3 discusses how this will 

be implemented in the certification 

process. 

a. Compliance Determinations 

As described in Section III.B above, 

the fleet average standards will be 

determined on a manufacturer by 

manufacturer basis, separately for cars 

and trucks, using the footprint attribute 

curves. EPA will calculate the fleet 

average emission level using actual 

production figures and, for each model 

type, CO2 emission test values generated 

at the time of a manufacturer’s CAFE 

testing. EPA will then compare the 

actual fleet average to the 

manufacturer’s footprint standard to 

determine compliance, taking into 

consideration use of averaging and 

credits. 

Final determination of compliance 

with fleet average CO2 standards may 

not occur until several years after the 

close of the model year due to the 

flexibilities of carry-forward and carryback credits and the remediation of 

deficits (see Section III.C). A failure to 

meet the fleet average standard after 

credit opportunities have been 

exhausted could ultimately result in 

penalties and injunctive orders under 

the CAA as described in Section III.E.6 

below. 

EPA received considerable comment 

about the need for transparency in its 

implementation of the greenhouse gas 

program and specifically about the need 

for public access to information about 

Agency compliance determinations. 

Many comments emphasized the 

importance of making greenhouse gas 

compliance information publicly 

available to ensure such transparency. 

EPA also received comment from 

industry about the need to protect 

confidential business information. Both 

transparency and protection of 

confidential information are 

longstanding EPA practices, and both 

will remain priorities in EPA’s 

implementation of the greenhouse gas 

program. EPA periodically provides 

mobile source emissions and fuel 

economy information to the public, for 

example through the annual 

Compliance Report 265 and Fuel 

Economy Trends Report.266 As 

proposed, EPA plans to expand these 

reports to include GHG performance 

and compliance trends information, 

such as annual status of credit balances 

or debits, use of various credit 

programs, attained fleet average 

emission levels compared with 

standards, and final compliance status 

for a model year after credit 

reconciliation occurs. EPA intends to 

regularly disseminate non-confidential, 

model-level and fleet information for 

each manufacturer after the close of the 

model year. EPA will reassess data 

release needs and opportunities once 

the program is underway. 

Beyond transparency in reporting 

emissions data and compliance status, 

EPA is concerned, as a matter of 

principle moving into a new era of 

greenhouse gas control, that greenhouse 

gas reductions reported for purposes of 

compliance with the standards adopted 

in this rule will be reflected in the real 

world and not just as calculated fleet 

average emission levels or measured 

certification test results. Therefore EPA 

will pay close attention to technical 

details behind manufacturer reports. For 

example, EPA intends to look closely at 

each manufacturer’s certification testing 

procedures, GHG calculation 

procedures, and laboratory correlation 

with EPA’s laboratory, and to carefully 

review manufacturer pre-production, 

production, and in-use testing programs. 

In addition, EPA plans to monitor GHG 

performance through its own in-use 

surveillance program in the coming 

years. This will ensure that the 

environmental benefits of the rule are 

achieved as well as ensure a level 

playing field for all. 

b. Required Minimum Testing for Fleet 

Average CO2

EPA received no public comment on 

provisions that would extend current 

CAFE testing requirements and 

flexibilities to the GHG program, and is 

finalizing as proposed minimum testing 

requirements for fleet average CO2

determination. EPA will require and use 

the same test data to determine a 

manufacturer’s compliance with both 

the CAFE standard and the fleet average 

CO2 emissions standard. CAFE requires 

manufacturers to submit test data 

representing at least 90% of the 

manufacturer’s model year production, 

by configuration.267 The CAFE testing 

covers the vast majority of models in a 

manufacturer’s fleet. Manufacturers 

industry-wide currently test more than 

1,000 vehicles each year to meet this 

requirement. EPA believes this 

minimum testing requirement is 

necessary and applicable for calculating 

accurate CO2 fleet average emissions. 

Manufacturers may test additional 

mstockstill on DSKB9S0YB1PROD with RULES2

25470 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 

268 40 CFR 600.006–08(e). 

269CAA section 206(a)(1). 

270The 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. 

271 Initially in-use standards were different from 

the bin level determined at certification as the 

useful life level. The current in-use standards, 

however, are the same as the bin levels. In all cases, 

the bin level, reflecting useful life levels, has been 

used for determining compliance with the fleet 

average. 

vehicles, at their option. As described 

above, EPA will use the emissions 

results from the model-level testing to 

calculate a manufacturer’s fleet average 

CO2 emissions and to determine 

compliance with the CO2 fleet average 

standard. 

EPA will continue to allow certain 

testing flexibilities that exist under the 

CAFE program. EPA has always 

permitted manufacturers some ability to 

reduce their test burden in tradeoff for 

lower fuel economy numbers. 

Specifically the practice of ‘‘data 

substitution’’ enables manufacturers to 

apply fuel economy test values from a 

‘‘worst case’’ configuration to other 

configurations in lieu of testing them. 

The substituted values may only be 

applied to configurations that would be 

expected to have better fuel economy 

and for which no actual test data exist. 

EPA will continue to accept use of 

substituted data in the GHG program, 

but only when the substituted data are 

also used for CAFE purposes. 

EPA regulations for CAFE testing 

permit the use of analytically derived 

fuel economy data in lieu of conducting 

actual fuel economy tests in certain 

situations.268 Analytically derived data 

are generated mathematically using 

expressions determined by EPA and are 

allowed on a limited basis when a 

manufacturer has not tested a specific 

vehicle configuration. This has been 

done as a way to reduce some of the 

testing burden on manufacturers 

without sacrificing accuracy in fuel 

economy measurement. EPA has issued 

guidance that provides details on 

analytically derived data and that 

specifies the conditions when 

analytically derived fuel economy data 

may be used. EPA will apply the same 

guidance to the GHG program and will 

allow any analytically derived data used 

for CAFE to also satisfy the GHG data 

reporting requirements. EPA will revise 

the terms in the current equations for 

analytically derived fuel economy to 

specify them in terms of CO2. 

Analytically derived CO2 data will not 

be permitted for the Emission Data 

Vehicle representing a test group for 

pre-production certification, only for the 

determination of the model level test 

results used to determine actual fleetaverage CO2 levels. 

EPA is retaining the definitions 

needed to determine CO2 levels of each 

model type (such as ‘‘subconfiguration,’’ 

‘‘configuration,’’ ‘‘base level,’’ etc.) as 

they are currently defined in EPA’s fuel 

economy regulations. 

3. Vehicle Certification 

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 describes the 

requirements for EPA issuance of a 

certificate of conformity, based on a 

demonstration of compliance with the 

emission standards established by EPA 

under section 202 of the Act. The 

certification demonstration requires 

emission testing, and must be done for 

each model year.269

Under Tier 2 and other EPA emission 

standard programs, vehicle 

manufacturers certify a group of 

vehicles called a test group. A test group 

typically includes multiple vehicle car 

lines and model types that share critical 

emissions-related features.270 The 

manufacturer generally selects and tests 

one vehicle to represent the entire test 

group for certification purposes. The 

test vehicle is the one expected to be the 

worst case for the emission standard at 

issue. Emission results from the test 

vehicle are used to assign the test group 

to one of several specified bins of 

emissions levels, identified in the Tier 

2 rule, and this bin level becomes the 

in-use emissions standard for that test 

group.271

Since compliance with the Tier 2 fleet 

average depends on actual test group 

sales volumes and bin levels, it is not 

possible to determine compliance with 

the fleet average at the time the 

manufacturer applies for and receives a 

certificate of conformity for a test group. 

Instead, 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 

the emissions bin assigned, and (2) 

contribute to fleet-wide compliance 

with the Tier 2 average when the year 

is over. EPA issues a certificate for the 

vehicles included in the test group 

based on this demonstration, and 

includes 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 Tier 2. 

The certification process often occurs 

several months prior to production and 

manufacturer testing may occur months 

before the certificate is issued. The 

certification process for the Tier 2 

program is an efficient way for 

manufacturers to conduct the needed 

testing well in advance of certification, 

and to receive the needed certificates in 

a time frame which allows for the 

orderly production of vehicles. The use 

of a condition on the certificate has been 

an effective way to ensure compliance 

with the Tier 2 fleet average. 

EPA will similarly condition each 

certificate of conformity for the GHG 

program upon a manufacturer’s 

demonstration of compliance with the 

manufacturer’s fleet-wide average CO2

standard. The following discussion 

explains how EPA will integrate the 

new GHG vehicle certification program 

into the existing certification program. 

a. Compliance Plans 

In an effort to expedite the Tier 2 

program certification process and 

facilitate early resolution of any 

compliance related concerns, EPA 

conducts annual reviews of each 

manufacturer’s certification, in-use 

compliance and fuel economy plans for 

upcoming model year vehicles. EPA 

meets with each manufacturer 

individually, typically before the 

manufacturer begins to submit 

applications for certification for the new 

model year. Discussion topics include 

compliance plans for the upcoming 

model year, any new product offerings/ 

new technologies, certification and/or 

testing issues, phase-in and/or ABT 

plans, and a projection of potential EPA 

confirmatory test vehicles. EPA has 

been conducting these compliance 

preview meetings for more than 10 years 

and has found them to be very useful for 

both EPA and manufacturers. Besides 

helping to expedite the certification 

process, certification preview meetings 

provide an opportunity to resolve 

potential issues before the process 

begins. The meetings give EPA an early 

opportunity to assess a manufacturer’s 

compliance strategy, which in turn 

enables EPA to address any potential 

concerns before plans are finalized. The 

early interaction reduces the likelihood 

of unforeseen issues occurring during 

the actual certification of a test group 

which can result in the delay or even 

termination of the certification process. 

For the reasons discussed above, 

along with additional factors, EPA 

believes it is appropriate for 

manufacturers to include their GHG 

compliance plan information as part of 

mstockstill on DSKB9S0YB1PROD with RULES2

Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 25471 

272 40 CFR 86.1827–01. 

273EPA provides for other groupings in certain 

circumstances, and can establish its own test groups 

in cases where the criteria do not apply. 40 CFR 

86.1827–01(b), (c) and (d). 

274EPA 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 at 38677 

(Sept. 10, 1976). 

the new model year compliance preview 

process. This requirement is both 

consistent with existing practice under 

Tier 2 and very similar to the pre-model 

year report required under existing and 

new CAFE regulation. Furthermore, in 

light of the production weighted fleet 

average program design in which the 

final compliance determination cannot 

be made until after the end of the model 

year, EPA believes it is especially 

important for manufacturers to 

demonstrate that they have a credible 

compliance plan prior to the beginning 

of certification. 

Several commenters raised concerns 

about EPA’s proposal for requiring 

manufacturers to submit GHG 

compliance plans. AIAM stated that 

EPA did not identify a clear purpose for 

the review of the plans, criteria for 

evaluating the plans, or consequences if 

EPA found the plans to be unacceptable. 

AIAM also expressed concern over the 

appropriateness of requiring 

manufacturers to prepare regulatory 

compliance plans in advance, since 

vicissitudes of the market and other 

factors beyond a manufacturer’s direct 

control may change over the course of 

the year and affect the model year 

outcome. Finally, AIAM commented 

that EPA should not attempt to take any 

enforcement action based on an asserted 

inadequacy of a plan. The comments 

stated that compliance should be 

determined only after the end of a 

model year and the subsequent credit 

earning period. The Alliance 

commented that there was an 

inconsistency between the proposed 

preamble language and the regulatory 

language in 600.514–12(a)(2)(i). The 

preamble language indicated that the 

compliance report should be submitted 

prior to the beginning of the model year 

and prior to the certification of any test 

group, while the regulatory language 

stated that the pre-model year report 

must be submitted during the month of 

December. The Alliance pointed out 

that if EPA wanted GHG compliance 

plan information before the certification 

of any test groups, the regulatory 

language would need to be corrected. 

EPA understands that a 

manufacturer’s plan may change over 

the course of a model year and that 

compliance information manufacturers 

present prior to the beginning of a new 

model year may not represent the final 

compliance outcome. Rather, EPA views 

the compliance plan as a manufacturer’s 

good-faith projection of strategy for 

achieving compliance with the 

greenhouse gas standard. It is not EPA’s 

intent to base compliance action solely 

on differences between projections in 

the compliance plan and end of year 

results. EPA understands that 

compliance with the GHG program will 

be determined at the end of the model 

year after all appropriate credits have 

been taken into consideration. 

As stated earlier, a requirement to 

include GHG compliance information in 

the new model year compliance preview 

meetings is consistent with long 

standing EPA policy. The information 

will provide EPA with an early 

overview of the manufacturer’s GHG 

compliance plan and allow EPA to make 

an early assessment as to possible 

issues, questions, or concerns with the 

program in order to expedite the 

certification process and help 

manufacturers better understand overall 

compliance provisions of the GHG 

program. Therefore, EPA is finalizing 

revisions to 40 CFR 600.514–12 which 

will require manufacturers to submit a 

compliance plan to EPA prior to the 

beginning of the model year and prior 

to the certification of any test group. 

The compliance plan must, at a 

minimum, include a manufacturer’s 

projected footprint profile, projected 

total and model-level production 

volumes, projected fleet average and 

model-level CO2 emission values, 

projected fleet average CO2 standards 

and projected fleet average CO2 credit 

status. In addition, EPA will expect the 

compliance plan to explain the various 

credit, transfer and trading options that 

will be used to comply with the 

standard, including the amount of credit 

the manufacturer intends to generate for 

air conditioning leakage, air 

conditioning efficiency, off-cycle 

technology, and various early credit 

programs. The compliance plan should 

also indicate how and when any deficits 

will be paid off through accrual of 

future credits. 

EPA has corrected the inconsistency 

between the proposed preamble and 

regulatory language with respect to 

when the compliance report must be 

submitted and what level of information 

detail it must contain. EPA is finalizing 

revisions to 40 CFR 600.514–12 which 

require the compliance plan to be 

submitted to EPA prior to the beginning 

of the model year and prior to the 

certification of any test group. Today’s 

action will also finalize simplified 

reporting requirements as discussed 

above. 

b. Certification Test Groups and Test 

Vehicle Selection 

Manufacturers currently divide their 

fleet into ‘‘test groups’’ for certification 

purposes. The test group is EPA’s unit 

of certification; one certificate is issued 

per test group. These groupings cover 

vehicles with similar emission control 

system designs expected to have similar 

emissions performance.272 The factors 

considered for determining test groups 

include combustion cycle, engine type, 

engine displacement, number of 

cylinders and cylinder arrangement, 

fuel type, fuel metering system, catalyst 

construction and precious metal 

composition, among others. Vehicles 

having these features in common are 

generally placed in the same test 

group.273 Cars and trucks may be 

included in the same test group as long 

as they have similar emissions 

performance (manufacturers frequently 

produce cars and trucks that have 

identical engine designs and emission 

controls). 

EPA recognizes that the Tier 2 test 

group criteria do not necessarily relate 

to CO2 emission levels. For instance, 

while some of the criteria, such as 

combustion cycle, engine type and 

displacement, and fuel metering, may 

have a relationship to CO2 emissions, 

others, such as those pertaining to the 

catalyst, may not. In fact, there are many 

vehicle design factors that affect CO2

generation and emissions but are not 

included in EPA’s test group criteria.274

Most important among these may be 

vehicle weight, horsepower, 

aerodynamics, vehicle size, and 

performance features. 

As described in the proposal, EPA 

considered but did not propose a 

requirement for separate CO2 test groups 

established around criteria more 

directly related to CO2 emissions. 

Although CO2-specific test groups might 

more consistently predict CO2 emissions 

of all vehicles in the test group, the 

addition of a CO2 test group requirement 

would greatly increase the preproduction certification burden for both 

manufacturers and EPA. For example, a 

current Tier 2 test group would need to 

be split into two groups if automatic and 

manual transmissions models had been 

included in the same group. Two- and 

four-wheel drive vehicles in a current 

test group would similarly require 

separation, as would weight differences 

among vehicles. This would at least 

triple the number of test groups. EPA 

believes that the added burden of 

creating separate CO2 test groups is not 

warranted or necessary to maintain an 

appropriately rigorous certification 

mstockstill on DSKB9S0YB1PROD with RULES2

25472 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 

275 In cases where configuration or subconfiguration level data exist, the in-use standard 

will be set at 10% higher than those emissions test 

results. See Section III.E.4. 

program because the test group data are 

later replaced by model specific data 

which are used as the basis for 

determining compliance with a 

manufacturer’s fleet average standard. 

For these reasons, EPA will retain the 

current Tier 2 test group structure for 

cars and light trucks in the certification 

requirements for CO2. EPA believes that 

the current test group concept is also 

appropriate for N20 and CH4 because the 

technologies that are employed to 

control N2O and CH4 emissions will 

generally be the same as those used to 

control the criteria pollutants. Vehicle 

manufacturers agreed with this 

assessment and universally supported 

the use of current Tier 2 test groups in 

lieu of developing separate CO2 test 

groups. 

At the time of certification, 

manufacturers may use the CO2

emission level from the Tier 2 Emission 

Data Vehicle as a surrogate to represent 

all of the models in the test group. 

However, following certification further 

testing will generally be required for 

compliance with the fleet average CO2

standard 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. 

Further discussion of these 

requirements is presented in Section 

III.E.6. 

As just discussed, the ‘‘worst case’’ 

Emissions Data Vehicle selected to 

represent a test group under Tier 2 (40 

CFR 86.1828–01) may not have the 

highest levels of CO2 in that group. For 

instance, there may be a heavier, more 

powerful configuration that emits higher 

CO2, but may, due to the way the 

catalytic converter has been matched to 

the engine, actually have lower NOX, 

CO, PM or HC. 

Therefore, in lieu of a separate CO2

specific test group, EPA considered 

requiring manufacturers to select a CO2

test vehicle from within the Tier 2 test 

group that would be expected, based on 

good engineering judgment, to have the 

highest CO2 emissions within that test 

group. The CO2 emissions results from 

this vehicle would be used to establish 

an in-use CO2 emission standard for the 

test group. The requirement for a 

separate, worst case CO2 vehicle would 

provide EPA with some assurance that 

all vehicles within the test group would 

have CO2 emission levels at or below 

those of the selected vehicle, even if 

there is some variation in the CO2

control strategies within the test group 

(such as different transmission types). 

Under this approach, the test vehicle 

might or might not be the same one that 

would be selected as worst case for 

criteria pollutants. Vehicle 

manufacturers expressed concern with 

this approach as well, and EPA 

ultimately rejected this approach 

because it could have required 

manufacturers to test two vehicles in 

each test group, rather than a single 

vehicle. This would represent an added 

timing burden to manufacturers because 

they might need to build additional test 

vehicles at the time of certification that 

previously weren’t required to be tested. 

Instead, EPA proposed and will adopt 

provisions that allow a single Emission 

Data Vehicle to represent the test group 

for both Tier 2 and CO2 certification. 

The manufacturer will be allowed to 

initially apply the Emission Data 

Vehicle’s CO2 emissions value to all 

models in the test group, even if other 

models in the test group are expected to 

have higher CO2 emissions. However, as 

a condition of the certificate, this 

surrogate CO2 emissions value will 

generally be replaced with actual, 

model-level CO2 values based on results 

from CAFE testing that occurs later in 

the model year. 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. Only if the test vehicle is in fact 

the worst case CO2 vehicle for the test 

group could the manufacturer elect to 

apply the Emission Data Vehicle 

emission levels to all models in the test 

group for purposes of calculating fleet 

average emissions. Manufacturers 

would be unlikely to make this choice, 

because doing so would ignore the 

emissions performance of vehicle 

models in their fleet with lower CO2

emissions and would unnecessarily 

inflate their CO2 fleet average. Testing at 

the model level already occurs and data 

are already being submitted to EPA for 

CAFE and labeling purposes, so it 

would be an unusual situation that 

would cause a manufacturer to ignore 

these data and choose to accept a higher 

CO2 fleet average. 

Manufacturers will be subject to two 

standards, 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 applied to each model. For 

each model, the in-use standard will 

generally be set at 10% higher than the 

level used for that model in calculating 

the fleet average (see Section III.E.4).275

The certificate will cover both of these 

standards, and the manufacturer will 

have 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 below in Section 

III.E.4. 

c. Certification Testing Protocols and 

Procedures 

To be consistent with CAFE, EPA will 

combine the CO2 emissions results from 

the FTP and HFET tests using the same 

calculation method used to determine 

fuel economy for CAFE purposes. This 

approach is appropriate for CO2 because 

CO2 and fuel economy are so closely 

related. Other than the fact that fuel 

economy is calculated using a harmonic 

average and CO2 emissions can be 

calculated using a conventional average, 

the calculation methods are very 

similar. The FTP CO2 data will be 

weighted at 55%, and the highway CO2

data at 45%, and then averaged to 

determine the combined number. See 

Section III.B.1 for more detailed 

information on CO2 test procedures, 

Section III.C.1 on Air Conditioning 

Emissions, and Section III.B.7 for N2O 

and CH4 test procedures. 

For the purposes of compliance with 

the fleet average and in-use standards, 

the emissions measured from each test 

vehicle will include hydrocarbons (HC) 

and carbon monoxide (CO), in addition 

to CO2. All three of these exhaust 

constituents are currently measured and 

used to determine the amount of fuel 

burned over a given test cycle using a 

‘‘carbon balance equation’’ defined in 

the regulations, and thus measurement 

of these is an integral part of current 

fuel economy testing. As explained in 

Section III.C, it is important to account 

for the total carbon content of the fuel. 

Therefore the carbon-related 

combustion products HC and CO must 

be included in the calculations along 

with CO2, and any other carboncontaining exhaust components such as 

aldehyde emissions from alcohol-fueled 

vehicles. CO emissions are adjusted by 

a coefficient that reflects the carbon 

weight fraction (CWF) of the CO 

molecule, and HC emissions are 

adjusted by a coefficient that reflects the 

CWF of the fuel being burned (the 

molecular weight approach doesn’t 

work since there are many different 

hydrocarbon compounds being 

accounted for). Thus, EPA will calculate 

the carbon-related exhaust emissions, 

also known as ‘‘CREE,’’ of each test 

vehicle according to the following 

formula, where HC, CO, and CO2 are in 

units of grams per mile: 

mstockstill on DSKB9S0YB1PROD with RULES2

Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 25473 

276 11 years for heavy-light-duty trucks, ref. 40 

CFR 86.1805–12. 

carbon-related exhaust emissions 

(grams/mile) = CWF*HC + 

1.571*CO + CO2

Where: 

CWF = the carbon weight fraction of the test 

fuel. 

As part of the current CAFE and Tier 

2 compliance programs, EPA selects a 

subset of vehicles for confirmatory 

testing at its National Vehicle and Fuel 

Emissions Laboratory. The purpose of 

confirmatory testing is to validate the 

manufacturer’s emissions and/or fuel 

economy data. Under this rule, EPA will 

add CO2, N2O, and CH4 to the emissions 

measured in the course of Tier 2 and 

CAFE confirmatory testing. The N2O 

and methane measurement 

requirements will begin for model year 

2015, when requirements for 

manufacturer measurement to comply 

with the standard also take effect. The 

emission values measured at the EPA 

laboratory will continue to stand as 

official, as under existing regulatory 

programs. 

Under current practice, if during 

EPA’s confirmatory fuel economy 

testing, the EPA fuel economy value 

differs from the manufacturer’s value by 

more than 3%, manufacturers can 

request a re-test. The re-test results 

stand as official, even if they differ by 

more than 3% from the manufacturer’s 

value. EPA proposed extending this 

practice to CO2 results, but 

manufacturers commented that this 

could lead to duplicative testing and 

increased test burden. EPA agrees that 

the close relationship between CO2 and 

fuel economy precludes the need to 

conduct additional confirmatory tests 

for both fuel economy and CO2 to 

resolve potential discrepancies. 

Therefore EPA will continue to allow a 

re-test request based on a 3% or greater 

disparity in manufacturer and EPA 

confirmatory fuel economy test values, 

since a manufacturer’s fleet average 

emissions level would be established on 

the basis of model-level testing only 

(unlike Tier 2 for which a fixed bin 

standard structure provides the 

opportunity for a compliance buffer). 

4. Useful Life Compliance 

Section 202(a)(1) of the CAA requires 

emission standards to apply to vehicles 

throughout their statutory useful life, as 

further described in Section III.A. For 

emission programs that have fleet 

average standards, such as Tier 2 NOX

fleet average standards and the new CO2

standards, the useful life requirement 

applies to individual vehicles rather 

than to the fleet average standard. For 

example, in Tier 2 the useful life 

requirements apply to the individual 

emission standard levels or ‘‘bins’’ that 

the vehicles are certified to, not the fleet 

average standard. For Tier 2, the useful 

life requirement is 10 years 276 or 

120,000 miles with an optional 15 year 

or 150,000 mile provision. A similar 

approach is used for heavy-duty 

engines, however a specific Family 

Emissions Level is assigned to the 

engine family at certification, as 

compared to a pre-defined bin 

emissions level as in Tier 2. 

As noted above, the in-use CO2

standard under the greenhouse gas 

program, like Tier 2, will apply to 

individual vehicles and is separate from 

the fleet-average standard. However, 

unlike the Tier 2 program and other 

EPA fleet average standards, the modellevel CO2 test results are themselves 

used to calculate the fleet average 

standard for compliance purposes. This 

is consistent with the current CAFE 

practice, but it means the fleet average 

standard and the emission test results 

used to calculate compliance with the 

fleet average standard do not take into 

account test-to-test variability and 

production variability that can affect inuse levels. Since the CO2 fleet average 

uses the model level emissions test 

results themselves for purposes of 

calculating the fleet average, EPA 

proposed an adjustment factor for the 

in-use standard 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 

proposed that each model’s in-use CO2

standard would be the model specific 

level used in calculating the fleet 

average, adjusted to be 10% higher. 

EPA received significant comment 

from industry expressing concern with 

the in-use standard. The comments 

focused on concerns about manufacturer 

liability for in-use CO2 performance and 

for the most part did not address the 

proposed 10% adjustment level or even 

the need for an adjustment to account 

for variability. Some comments 

suggested that an in-use standard is not 

necessary because in-use testing is not 

mandated in the CAA. Others stated that 

since there is no evidence that CO2

emission levels increase over time, there 

is no need for an in-use standard. 

Finally, there was a general concern that 

failure to meet the in-use standard 

would result in recall liability and that 

recall can only be used in cases where 

it can be demonstrated that a ‘‘repair’’ 

can remedy the nonconformity. One 

manufacturer provided comments 

supporting the use of a 10% adjustment 

factor for the in-use standard. These 

comments also recommended that the 

10% adjustment factor be applied to 

configuration or subconfiguration data 

rather than to model-level data unless 

the lower-level data were not available. 

Finally, the manufacturer expressed 

concern that a straight 10% adjustment 

would result in inequity between highand low-emitting vehicles. 

Section 202(a)(1) specifies that 

emissions standards are to be applicable 

for the useful life of the vehicle. The inuse emissions standard for CO2

implements this provision. While EPA 

agrees that the CAA does not require the 

Agency to perform in-use testing to 

monitor compliance with in-use 

standards, the Act clearly authorizes inuse testing. EPA has a long tradition of 

performing in-use testing and has found 

it to be an effective tool in the overall 

light-duty vehicle compliance program. 

EPA continues to believe that it is 

appropriate to perform in-use testing 

and that the evaluation of individual 

vehicle performance for all regulated 

emission constituents, including CO2, 

N2O and CH4, is necessary to ensure 

compliance with all light-duty 

requirements. EPA also believes that the 

CAA clearly mandates that all emission 

standards apply for a vehicle’s useful 

life and that an in-use standard is 

therefore necessary. 

EPA agrees with industry commenters 

that there is little evidence to indicate 

that CO2 emission levels from currenttechnology vehicles increase over time. 

However, as stated above, the CAA 

mandates that all emission standards 

apply for a vehicle’s useful life 

regardless of whether the emissions 

increase over time. In addition, there are 

factors other than emission deterioration 

over time that can cause in-use 

emissions to be greater than emission 

standards. The most obvious are 

component defects, production 

mistakes, and the stacking of component 

production and design tolerances. Any 

one of these can cause an exceedance of 

emission standards for individual 

vehicles or whole model lines. Finally 

EPA believes that it is essential to 

monitor in-use GHG emissions 

performance of new technologies, for 

which there is currently no in-use 

experience, as they enter the market. 

Thus EPA believes that the value in 

establishing an in-use standard extends 

beyond just addressing emission 

deterioration over time from current 

technology vehicles. 

The concern over recall liability in 

cases where there is no effective repair 

remedy has some legitimate basis. For 

mstockstill on DSKB9S0YB1PROD with RULES2

25474 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 

277 40 CFR 86.1823–08. 278 64 FR 23906, May 4, 1999. 

example, EPA agrees there would be a 

concern if a number of vehicles for a 

particular model were to have in-use 

emissions that exceed the in-use 

standard, with no effective repair 

available to remedy the noncompliance. 

However, EPA does not anticipate a 

scenario involving exceedance of the inuse standard that would cause the 

Agency to pursue a recall unless there 

is a repairable cause of the exceedance. 

At the same time, failures to emissionrelated components, systems, software, 

and calibrations do occur that could 

result in a failure of the in-use CO2

standard. For example, a defective 

oxygen sensor that causes a vehicle to 

burn excessive fuel could result in 

higher CO2 levels that would exceed the 

in-use standard. While it is likely that 

such a problem would affect other 

emissions as well, there would still be 

a demonstratable, repairable problem 

such that a recall might be valid. 

Therefore, EPA believes that a CO2 inuse standard is statutorily required and 

can serve as a useful tool for 

determining compliance with the GHG 

program. 

EPA agrees with the industry 

comment that it is appropriate where 

possible to apply the 10% adjustment 

factor to the vehicle-level emission test 

results, rather than to a model-type 

value that includes production 

weighting factors. If no subconfiguration 

test data are available, then the 

adjustment factor will be applied to the 

model-type value. Therefore, EPA is 

finalizing an in-use standard based on a 

10% multiplicative adjustment factor 

but the adjustment will be applied to 

emissions test results for the vehicle 

subconfiguration if such data exist, or to 

the model-type emissions level used to 

calculate the fleet average if 

subconfiguration test data are not 

available. 

EPA believes that the useful life 

period established for criteria pollutants 

under Tier 2 is also appropriate for CO2. 

Data from EPA’s current in-use 

compliance test program indicate that 

CO2 emissions from current technology 

vehicles increase very little with age 

and in some cases may actually improve 

slightly. The stable CO2 levels are 

expected because unlike criteria 

pollutants, CO2 emissions in current 

technology vehicles are not controlled 

by after treatment systems that may fail 

with age. Rather, vehicle CO2 emission 

levels depend primarily on fundamental 

vehicle design characteristics that do 

not change over time. Therefore, 

vehicles designed for a given CO2

emissions level will be expected to 

sustain the same emissions profile over 

their full useful life. 

The CAA requires emission standards 

to be applicable for the vehicle’s full 

useful life. Under Tier 2 and other 

vehicle emission standard programs, 

EPA requires manufacturers to 

demonstrate at the time of certification 

that the new vehicles being certified 

will continue to meet emission 

standards throughout their useful life. 

EPA allows manufacturers several 

options for predicting in-use 

deterioration, including full vehicle 

testing, bench-aging specific 

components, and application of a 

deterioration factor based on data and/ 

or engineering judgment. 

In the specific case of CO2, EPA does 

not currently anticipate notable 

deterioration and has therefore 

determined that an assigned 

deterioration factor be applied at the 

time of certification. At this time EPA 

will use an additive assigned 

deterioration factor of zero, or a 

multiplicative factor of one. EPA 

anticipates that the deterioration factor 

will be updated from time to time, as 

new data regarding emissions 

deterioration for CO2 are obtained and 

analyzed. Additionally, EPA may 

consider technology-specific 

deterioration factors, should data 

indicate that certain CO2 control 

technologies deteriorate differently than 

others. 

During compliance plan discussions 

prior to the beginning of the 

certification process, EPA will explore 

with each manufacturer any new 

technologies that could warrant use of a 

different deterioration factor. For any 

vehicle model determined likely to 

experience increases in CO2 emissions 

over the vehicle’s useful life, 

manufacturers will not be allowed to 

use the assigned deterioration factor but 

rather will be required to establish an 

appropriate factor. If such an instance 

were to occur, EPA would allow 

manufacturers to use the whole-vehicle 

mileage accumulation method currently 

offered in EPA’s regulations.277

N2O and CH4 emissions are directly 

affected by vehicle emission control 

systems. Any of the durability options 

offered under EPA’s current compliance 

program can be used to determine how 

emissions of N2O and CH4 change over 

time. EPA recognizes that manufacturers 

have not been required to account for 

durability effects of N2O and CH4 prior 

to now. EPA also realizes that industry 

will need sufficient time to explore 

durability options and become familiar 

with procedures for determining 

deterioration of N2O and CH4. 

Therefore, until the 2015 model year, 

rather than requiring manufacturers to 

establish a durability program for N2O 

and CH4, EPA will allow manufacturers 

to attest that vehicles meet the 

deteriorated, full useful life standard. If 

manufacturers choose to comply with 

the optional CO2 equivalent standard, 

EPA will allow the use of the 

manufacturer’s existing NOX

deterioration factor for N2O and the 

existing NMOG deterioration factor for 

CH4.

a. Ensuring Useful Life Compliance 

The CAA requires a vehicle to comply 

with emission standards over its 

regulatory useful life and affords EPA 

broad authority for the implementation 

of this requirement. As such, EPA has 

authority to require a manufacturer to 

remedy any noncompliance issues. The 

remedy can range from adjusting a 

manufacturer’s credit balance to the 

voluntary or mandatory recall of 

noncompliant vehicles. These potential 

remedies provide manufacturers with a 

strong incentive to design and build 

complying vehicles. 

Currently, EPA regulations require 

manufacturers to conduct in-use testing 

as a condition of certification. 

Specifically, manufacturers must 

commit to later procure and test 

privately-owned vehicles that have been 

normally used and maintained. The 

vehicles are tested to determine the inuse levels of criteria pollutants when 

they are in their first and fourth years 

of service. This testing is referred to as 

the In-Use Verification Program (IUVP) 

testing, which was first implemented as 

part of EPA’s CAP 2000 certification 

program.278 The emissions data 

collected from IUVP serve several 

purposes. IUVP results provide EPA 

with annual real-world in-use data 

representing the majority of certified 

vehicles. EPA uses IUVP data to identify 

in-use problems, validate the accuracy 

of the certification program, verify 

manufacturer durability processes, and 

support emission modeling efforts. 

Manufacturers are required to test low 

mileage and high mileage vehicles over 

the FTP and US06 test cycles. They are 

also required to provide evaporative 

emissions, onboard refueling vapory 

recovery (ORVR) emissions and onboard diagnostics (OBD) data. 

Manufacturers are required to provide 

data for all regulated criteria pollutants. 

Some manufacturers have voluntarily 

submitted CO2 data as part of IUVP. 

EPA proposed that manufacturers 

provide CO2, N2O, and CH4 data as part 

of the IUVP. EPA also proposed that in 

order to adequately analyze and assess 

mstockstill on DSKB9S0YB1PROD with RULES2

Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 25475 

in-use CO2 results, which are based on 

the combination of FTP and highway 

cycle test results, the highway fuel 

economy test would also need to be part 

of IUVP. The University of California, 

Santa Barbara expressed support for 

including N2O and CH4 emissions as 

part of the IUVP. Manufacturer 

comments were almost unanimously 

opposed to including any GHG as part 

of the IUVP. Specifically, industry 

commented that CO2 emissions do not 

deteriorate over time and in some cases 

actually improve. Ford provided data 

for several 2004 through 2007 model 

year vehicles that indicate CO2

emissions improved an average of 

1.42% when vehicles were tested over 

5,000 miles. Manufacturers commented 

that the inclusion of a greenhouse gas 

emissions requirement and the highway 

test cycle as part of the IUVP would 

unnecessarily increase burden on 

manufacturers and provide no benefit, 

since CO2 emissions do not deteriorate 

over time. Manufacturers also 

commented that N2O and CH4 emissions 

are very low and by EPA’s own account 

only represent about 1% of total lightduty vehicle GHG emissions. They also 

expressed concern over the cost and 

burden of measuring N2O for IUVP, 

since many manufacturers use 

contractor laboratories to assist in their 

IUVP testing and many of these facilities 

do not have the necessary equipment to 

measure N2O. They stated that since it 

was unnecessary to include CO2

emissions as part of IUVP and since N2O 

and CH4 were such small contributors to 

GHG emissions, it did not make sense 

to include N2O and CH4 as part of the 

IUVP either. They felt that N2O and CH4

could be more appropriately handled 

through attestation or an annual 

unregulated emissions report. 

As discussed above, although EPA 

shares the view expressed in 

manufacturer comments that historical 

data demonstrate little CO2

deterioration, in-use emissions can 

increase for a number of reasons other 

than deterioration over time. For 

example, production or design errors 

can result in increased GHG emissions. 

Components that aren’t built as they 

were designed or vehicles inadvertently 

assembled improperly or with the 

wrong parts or with parts improperly 

designed can result in GHG emissions 

greater than those demonstrated to EPA 

during the certification process and 

used in calculating the manufacturer’s 

fleet average. The ‘‘stacking’’ of 

component design and production 

tolerances can also result in in-use 

emissions that are greater than those 

used in calculating a manufacturer’s 

fleet average. 

EPA believes IUVP testing is also 

important to monitor in-use versus 

certification emission levels. Because 

the emphasis of the GHG program is on 

a manufacturer’s fleet average standard, 

it is difficult for EPA to make an 

assessment as to whether 

manufacturer’s vehicles are actually 

producing the GHG levels claimed in 

their fleet average without some in-use 

data for comparison. For example, EPA 

has expressed concern that with the inuse standard based on a 10% 

adjustment factor, there would be an 

incentive for manufacturers to develop 

their fleet average utilizing the full 

range of the 10% in-use standard. The 

only way for EPA to assess whether 

manufacturers are designing and 

producing vehicles that meet their 

respective fleet average standards is for 

EPA to be able to review in-use GHG 

emissions from the IUVP. 

Finally EPA does have some concern 

about potential CO2 emissions 

deterioration in advanced technologies 

for which we currently have no in-use 

experience or data. Since CAFE has 

never had an in-use requirement and 

today’s final regulations are the first 

ever GHG standards, there has been no 

need to focus on GHG emissions in-use 

as there will be with the new GHG 

standards. Many of the advanced 

technologies that EPA expects 

manufacturers to use to meet the GHG 

standards have been introduced in 

production vehicles, but until now not 

for the purpose of controlling 

greenhouse gas emissions. For example, 

advanced dual-clutch or seven-speed 

automatic transmissions, and start-stop 

technologies have not been broadly 

tested in the field for their long-term 

CO2 performance. In-use GHG 

performance information for vehicles 

using these technologies is needed for 

many reasons, including evaluation of 

whether allowing use of assigned 

deterioration factors for CO2 in lieu of 

actual deterioration factors will 

continue to be appropriate. 

Therefore, EPA is finalizing the 

requirement that all manufacturers must 

provide IUVP emissions data for CO2.

EPA will also require manufacturers to 

perform the highway test cycle as part 

of IUVP. Since the CO2 standard reflects 

a combined value of FTP and highway 

results, it is necessary to include the 

highway emission test in IUVP to enable 

EPA to compare an in-use CO2 level 

with a vehicle’s in-use standard. EPA 

understands that requiring 

manufacturers to also measure N2O and 

CH4 will be initially challenging, since 

many manufacturer facilities do not 

currently have the proper analytical 

equipment. To be consistent with timing 

of the N2O and CH4 emissions standards 

for this rule, N2O and CH4 will not be 

required for IUVP until the 2015 model 

year. 

Another component of the CAP 2000 

certification program is the In-Use 

Confirmatory Program (IUCP). This is a 

manufacturer-conducted recall quality 

in-use test program that can be used as 

the basis for EPA to order an emission 

recall. In order for vehicles tested in the 

IUVP to qualify for IUCP, there is a 

threshold of 1.30 times the certification 

emission standard and an additional 

requirement that at least 50% of the test 

vehicles for the test group fail for the 

same substance. EPA proposed to 

exclude IUVP data for CO2, N2O, and 

CH4 emissions from the IUCP 

thresholds. EPA felt that there was not 

sufficient data to determine if the 

existing IUCP thresholds were 

appropriate or even applicable to those 

emissions. The University of California, 

Santa Barbara disagreed with EPA’s 

concerns and recommended that CO2, 

N2O, and CH4 emissions all be subject 

to the IUVP threshold criteria. 

Manufacturers commented that since 

CO2 performance is a function of vehicle 

design and cannot be remedied in the 

field with the addition or replacement 

of emissions control devices like 

traditional criteria pollutants, it would 

not be appropriate or necessary to 

include IUCP threshold criteria for GHG 

emissions. 

EPA continues to believe that the 

IUCP is an important part of EPA’s inuse compliance program for traditional 

criteria pollutants. For GHG emissions, 

EPA believes the IUCP will also be a 

valuable future tool for achieving 

compliance. However, there are 

insufficient data today to determine 

whether the current IUCP threshold 

criteria are appropriate for GHG 

emissions. Once EPA can gather more 

data from the IUVP program and from 

EPA’s internal surveillance program 

described below, EPA will reassess the 

need to exclude IUCP thresholds, and if 

warranted, propose a separate 

rulemaking establishing IUCP threshold 

criteria which may include CO2, N2O, 

and CH4 emissions. Therefore, for 

today’s final action, EPA will exclude 

IUVP data for CO2, N2O, and CH4

emissions from the IUCP thresholds. 

EPA has also administered its own inuse testing program for light-duty 

vehicles under authority of section 

207(c) of the CAA for more than 30 

years. In this program, EPA procures 

and tests representative privately owned 

vehicles to determine whether they are 

complying with emission standards. 

mstockstill on DSKB9S0YB1PROD with RULES2

25476 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 

279 In a similar fashion, the fleet average for 

heavy-duty engines is calculated using a Family 

Emission Level, determined by the manufacturer, 

which is different from the emission level of the test 

engine. 

280See pages 39–41 of EPA’s Vehicle and Engine 

Compliance Activities 2007 Progress Report (EPA– 

420–R–08–011) published in October, 2008. This 

document is available electronically at http:// 

epa.gov/otaq/about/420r08011.pdf. 

When testing indicates noncompliance, 

EPA works with the manufacturer to 

determine the cause of the problem and 

to conduct appropriate additional 

testing to determine its extent or the 

effectiveness of identified remedies. 

This program operates in conjunction 

with the IUVP program and other 

sources of information to provide a 

comprehensive picture of the 

compliance profile for the entire fleet 

and address compliance problems that 

are identified. EPA will add CO2, N2O, 

and CH4 to the emissions measurements 

it collects during surveillance testing. 

b. In-Use Compliance Standard 

For Tier 2, the in-use standard and the 

standard used for fleet average 

calculation are the same. In-use 

compliance for an individual vehicle is 

determined by comparing the vehicle’s 

in-use emission results with the 

emission standard levels or ‘‘bin’’ to 

which the vehicle is certified rather 

than to the Tier 2 fleet average standard 

for the manufacturer. This is because as 

part of a fleet average standard, 

individual vehicles can be certified to 

various emission standard levels, which 

could be higher or lower than the fleet 

average standard. Thus, it would be 

inappropriate to compare an individual 

vehicle to the fleet average, since that 

vehicle could have been certified to an 

emission level that is different than the 

fleet average level. 

This will also be true for the CO2 fleet 

average standard. Therefore, to ensure 

that an individual vehicle complies 

with the CO2 standards in-use, it is 

necessary to compare the vehicle’s inuse CO2 emission result with the 

appropriate model-level certification 

CO2 level used in determining the 

manufacturer’s fleet average result. 

There is a fundamental difference 

between the CO2 standards and Tier 2 

standards. For Tier 2, the standard level 

used for the fleet average calculation is 

one of eight different emission levels, or 

‘‘bins,’’ whereas for the CO2 fleet average 

standard, the standard level used for the 

fleet average calculation is the modellevel certification CO2 result. The Tier 2 

fleet average standard is calculated 

using the ‘‘bin’’ emission level or 

standard, not the actual certification 

emission level of the certification test 

vehicle. So no matter how low a 

manufacturer’s actual certification 

emission results are, the fleet average is 

still calculated based on the ‘‘bin’’ level 

rather than the lower certification 

result.279 In contrast, the CO2 fleet 

average standard will be calculated 

using the actual vehicle model-level 

CO2 values from the certification test 

vehicles. With a specified certification 

emission standard, such as the Tier 2 

‘‘bins,’’ manufacturers typically attempt 

to over-comply with the standard to give 

themselves some cushion for potentially 

higher in-use testing results due to 

emissions performance deterioration 

and/or variability that could result in 

higher emission levels during 

subsequent in-use testing. For our CO2

standards, the emission level used to 

calculate the fleet average is the actual 

certification vehicle test result, thus 

manufacturers cannot over comply since 

the certification test vehicle result will 

always be the value used in determining 

the CO2 fleet average. If the 

manufacturer attempted to design the 

vehicle to achieve a lower CO2 value, 

similar to Tier 2 for in-use purposes, the 

new lower CO2 value would simply 

become the new value used for 

calculating the fleet average. 

The CO2 fleet average standard is 

based on the performance of preproduction technology that is 

representative of the point of 

production, and while there is expected 

to be limited if any deterioration in 

effectiveness for any vehicle during the 

useful life, the fleet average standard 

does not take into account the test-totest variability or production variability 

that can affect in-use levels. Therefore, 

EPA believes that unlike Tier 2, it is 

necessary to have a different in-use 

standard for CO2 to account for these 

variabilities. EPA proposed an in-use 

standard that was 10% higher than the 

appropriate model-level certification 

CO2 level used in determining the 

manufacturer’s fleet average result. 

As described above, manufacturers 

typically design their vehicles to emit at 

emission levels considerably below the 

certification standards. This intentional 

difference between the actual emission 

level and the emission standard is 

referred to as ‘‘certification margin,’’ 

since it is typically the difference 

between the certification emission level 

and the emission standard. The 

certification margin can provide 

manufacturers with some protection 

from exceeding emission standards inuse, since the in-use standards are 

typically the levels used to calculate the 

fleet average. For Tier 2, the certification 

margin is the delta between the specific 

emission standard level, or ‘‘bin,’’ to 

which the vehicle is certified, and the 

vehicle’s certification emission level. 

Since the level of the fleet average 

standard does not reflect this kind of 

variability, EPA believes it is 

appropriate to set an in-use standard 

that provides a reasonable cushion for 

in-use variability that is beyond a 

manufacturer’s control. EPA proposed a 

factor of 10% that would act as a 

surrogate for a certification margin. The 

factor would only be applicable to CO2

emissions, and would be applied to the 

model-level test results that are used to 

establish the model-level in-use 

standard. 

EPA selected a value of 10% for the 

in-use standard based on a review of 

EPA’s fuel economy labeling and CAFE 

confirmatory test results for the past 

several vehicle model years. The EPA 

data indicate that it is common for test 

variability to range between three to six 

percent and only on rare occasions to 

exceed 10%. EPA believes that a value 

of 10% should be sufficient to account 

for testing variability and any 

production variability that a 

manufacturer may encounter. EPA 

considered both higher and lower 

values. The Tier 2 fleet as a whole, for 

example, has a certification margin 

approaching 50%.280 However, there are 

some fundamental differences between 

CO2 emissions and other criteria 

pollutants in the magnitude of the 

compounds. Tier 2 NMOG and NOX

emission standards are hundredths of a 

gram per mile (e.g., 0.07 g/mi NOX & 

0.09 g/mi NMOG), whereas the CO2

standards are four orders of magnitude 

greater (e.g., 250 g/mi). Thus EPA does 

not believe it is appropriate to consider 

a value on the order of 50 percent. In 

addition, little deterioration in 

emissions control is expected in-use. 

The adjustment factor addresses only 

one element of what is usually built into 

a compliance margin. 

The intent of the separate in-use 

standard, based on a 10% compliance 

factor adjustment, is to provide a 

reasonable margin such that vehicles are 

not automatically deemed as exceeding 

standards simply because of normal 

variability in test results. EPA has some 

concerns however that this in-use 

compliance factor could be perceived as 

providing manufacturers with the 

ability to design their fleets to generate 

CO2 emissions up to 10% higher than 

the actual values they use to certify and 

to calculate the year end fleet average 

value that determines compliance with 

the fleet average standard. This concern 

provides additional rationale for 

mstockstill on DSKB9S0YB1PROD with RULES2

Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 25477 

281Note that the final rule also provides an option 

for manufacturers to incorporate N2O and CH4 in 

this calculation at their CO2-equivalent values. 

requiring FTP and HFET IUVP data for 

CO2 emissions to ensure that in-use 

values are not regularly 10% higher 

than the values used in the fleet average 

calculation. If in the course of reviewing 

a manufacturer’s IUVP data it becomes 

apparent that a manufacturer’s CO2

results are consistently higher than the 

values used for calculation of the fleet 

average, EPA will discuss the matter 

with the manufacturer and consider 

possible resolutions such as changes to 

ensure that the emissions test data more 

accurately reflect the emissions level of 

vehicles at the time of production, 

increased EPA confirmatory testing, and 

other similar measures. 

Commenters generally did not 

comment on whether 10% was the 

appropriate level for the adjustment 

factor. Honda did support use of the 

proposed 10% adjustment factor for the 

in-use standard. But Honda also 

recommended that the 10% adjustment 

factor be applied to subconfiguration 

data rather than the model-level data 

unless there was no subconfiguration 

data available. Honda also expressed 

some concern over the inequity a 

straight 10% adjustment would incur 

between high- and low-emitting 

vehicles. They suggested that rather 

than using an across-the-board 10% 

multiplicative adjustment factor applied 

to the model-level CO2 value for all 

vehicles, it would be more equitable to 

take the sum of a 5% multiplicative 

factor applied to the model-level CO2

value and a 5% factor applied to the 

manufacturer’s fleet CO2 target. 

EPA understands that use of a 

multiplicative adjustment factor would 

result in a higher absolute in-use value 

for a vehicle that has higher CO2 than 

for a vehicle with a lower CO2. 

However, this difference is not relevant 

to the purpose of the adjustment factor, 

which is to provide some cushion for 

test and production variability. EPA 

does not believe the difference would be 

great enough to confer the higheremitting vehicles with an unfair 

advantage with respect to emissions 

variability. 

Given that the purpose of the in-use 

standard is to enable a fair comparison 

between certification and in-use 

emission levels, EPA agrees that it is 

appropriate to apply the 10% 

adjustment factor to actual emission test 

results rather than to model-type 

emission levels which are production 

weighted. Therefore, EPA is finalizing 

an in-use standard that applies a 

multiplicative 10% adjustment factor to 

the subconfiguration emissions values, 

if such are available. (For flexible-fuel 

and dual-fuel vehicles the 

multiplicative factor will be applied to 

the test results on each fuel. In other 

words, these vehicles will have two 

applicable in-use emission standards; 

one for operation on the conventional 

fuel and one for operation on the 

alternative fuel.) If no emissions data 

exist at the subconfiguration level the 

adjustment will be applied to the 

model-type value as originally 

proposed. If the in-use emission result 

for a vehicle exceeds the emissions 

level, as applicable, adjusted as just 

described by 10%, then the vehicle will 

have exceeded the in-use emission 

standard. The in-use standard will 

apply to all in-use compliance testing 

including IUVP, selective enforcement 

audits, and EPA’s internal test program. 

5. Credit Program Implementation 

As described in Section III.E.2 above, 

for each manufacturer’s model year 

production, the manufacturer will 

average the CO2 emissions within each 

of the two averaging sets (passenger cars 

and trucks) and compare that with its 

respective fleet average standards 

(which in turn will have been 

determined from the appropriate 

footprint curve applicable to that model 

year). In addition to this withincompany averaging, when a 

manufacturer’s fleet average CO2 values 

of vehicles produced in an averaging set 

over-complies compared to the 

applicable fleet average standard, the 

manufacturer could generate credits that 

it could save for later use (banking) or 

could sell or otherwise distribute to 

another manufacturer (trading). Section 

III.C discusses opportunities for 

manufacturers to improve their fleet 

average, beyond the credits that are 

simply calculated by over-achieving 

their applicable fleet average standard. 

Implementation of the credit program 

generally involves two steps: calculation 

of the credit amount and reporting the 

amount and the associated data and 

calculations to EPA. 

EPA is promulgating two broad types 

of credit programs under this 

rulemaking. One type of credit directly 

lowers a manufacturer’s actual fleet 

average by virtue of being applied 

within the methodology for calculating 

the fleet average emissions. Examples of 

this type of credit include the credits 

available for alternative fuel vehicles 

and the advanced technology vehicle 

provisions. The second type of credit is 

independent of the calculation of a 

manufacturer’s fleet average. Rather 

than giving credit by lowering a 

manufacturer’s fleet average via a credit 

mechanism, these credits (in 

megagrams) are calculated separately 

and are simply added to the 

manufacturer’s overall ‘‘bank’’ of credits 

(or debits). Using a fictional example, 

the remainder of this section reviews 

the different types of credits and shows 

where and how they are calculated and 

how they impact a manufacturer’s 

available credits. 

a. Basic Credits: Fleet Average 

Emissions Are Below the Standard 

As just noted, basic credits are earned 

by a manufacturer’s fleet that performs 

better than the applicable fleet average 

standard. Manufacturers will calculate 

their fleet average standards (separate 

standards are calculated for cars and 

trucks) using the footprint-based 

equations described in Section III.B. A 

manufacturer’s actual end-of-year fleet 

average is calculated similarly to the 

way in which CAFE values are currently 

calculated; in fact, the regulations are 

essentially identical. The current CAFE 

calculation methods are in 40 CFR Part 

600. As part of this rulemaking, EPA has 

amended key subparts and sections of 

Part 600 to require that fleet average CO2

emissions be calculated in a manner 

parallel to the way CAFE values are 

calculated. First, manufacturers will 

determine a CO2-equivalent value for 

each model type. The CO2-equivalent 

value is a summation of the carboncontaining constituents of the exhaust 

emissions on a CO2-equivalent basis. 

For gasoline and diesel vehicles this 

simply involves measurement of total 

hydrocarbons and carbon monoxide in 

addition to CO2. The calculation 

becomes somewhat more complex for 

alternative fuel vehicles due to the 

different nature of their exhaust 

emissions. For example, for ethanolfueled vehicles, the emission tests must 

measure ethanol, methanol, 

formaldehyde, and acetaldehyde in 

addition to CO2. However, all these 

measurements are currently necessary to 

determine fuel economy for the labeling 

and CAFE programs, and thus no new 

testing or data collection will be 

required.281 Second, manufacturers will 

calculate a fleet average by weighting 

the CO2 value for each model type by 

the production of that model type, as 

they currently do for the CAFE program. 

Again, this will be done separately for 

cars and trucks. Finally, the 

manufacturer will compare the 

calculated standard with the fleet 

average that is actually achieved to 

determine the credits (or debits) that are 

generated. Both the determination of the 

applicable standard and the actual fleet 

average will be done after the model 

mstockstill on DSKB9S0YB1PROD with RULES2

25478 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 

year is complete and using final model 

year vehicle production data. 

Consider a basic hypothetical 

example where Manufacturer ‘‘A’’ has 

calculated a car fleet average standard of 

300 grams/mile and a car fleet average 

of 290 grams/mile (Table III.E.5–1). 

Further assume that the manufacturer 

produced 500,000 cars. The credit is 

calculated by taking the difference 

between the standard and the fleet 

average (300¥290=10) and multiplying 

it by the manufacturer’s production of 

500,000. This result is then multiplied 

by the assigned lifetime vehicle miles 

travelled (for cars this is 195,264 miles, 

as discussed in Joint TSD Chapter 4), 

then finally divided by 1,000,000 to 

convert from grams to total megagrams. 

The result is the total number of 

megagrams of credit generated by the 

manufacturer’s car fleet. The same 

methodology is used to calculate the 

total number of megagrams of deficit, if 

the manufacturer was not able to 

comply with the fleet average standard. 

In this example, the result is 976,320 

megagrams of credits, as shown in Table 

III.E.5–1. 

TABLE III.E.5–1—SUMMARY FOR MANUFACTURER A: EARNING BASIC CREDITS

CO2 Totals 

Total production ................................ Conventional: 500,000 ................................................................................. 290 g/mi 500,000 

Fleet average standard ..................... ...................................................................................................................... 300 g/mi 

Fleet average .................................... ...................................................................................................................... 290 g/mi 

Credits ............................................... [(300¥290) × 500,000 × 195,264] ÷ 1,000,000 .......................................... = 954,855 Mg 

b. Interim Advanced Technology 

Vehicle Provisions 

The lower exhaust greenhouse gas 

emissions of some advanced technology 

vehicles can directly benefit a 

manufacturer’s fleet average, thus 

increasing the amount of fleet averagebased credits they earn (or reducing the 

amount of debits that would otherwise 

accrue). Manufacturers that produce 

electric vehicles, plug-in hybrid electric 

vehicles, or fuel cell electric vehicles 

will include these vehicles in the fleet 

average calculation with their model 

type emission values. As described in 

detail in Section III.C.3, the emissions 

from electric vehicles and plug-in 

hybrid electric vehicles when operating 

on electricity will be accounted for by 

assuming zero emissions (0 g/mi CO2) 

for a limited number of vehicles through 

the 2016 model year. This interim 

limited use of 0 g/mi will be allowed for 

the technologies specifically noted 

above and as defined in the regulations, 

with the limitation that the vehicles 

must be certified to Tier 2 Bin 5 

emission standards or cleaner (i.e., 

advanced technology vehicles must 

contribute to criteria pollutant 

reductions as well as to greenhouse gas 

emission reductions). 

EPA proposed specific definitions for 

the vehicle technologies eligible for 

these provisions. One manufacturer 

suggested the following changes in their 

comments: 

• Insert an additional criterion for 

electric vehicles that specifically states 

that an electric vehicle may not have an 

onboard combustion engine/generator 

system. 

• A minor deletion of text from the 

definition for ‘‘Fuel cell.’’ 

• The deletion of the requirement that 

a PHEV have an equivalent all-electric 

range of more than 10 miles. 

EPA agrees with the first comment. As 

written in the proposal, a vehicle with 

an onboard combustion engine that 

serves as a generator would not have 

been excluded from the definition of 

electric vehicle. However, EPA believes 

it should be. Although such a vehicle 

might be propelled by an electric motor 

directly, if the indirect source of 

electricity is an onboard combustion 

engine then the vehicle is 

fundamentally not an electric vehicle. 

EPA is also adopting the commenter’s 

proposed rephrasing of the definition 

for ‘‘Fuel cell,’’ which is simpler and 

clearer. Finally, in the context of the 

advanced technology incentive 

provisions in this final rule, EPA 

concurs with the commenter that the 

requirement that a PHEV have an 

equivalent all-electric range of at least 

ten miles is unnecessary. In the context 

of the proposed credit multiplier EPA 

was concerned that some vehicles could 

install a charging system on a limited 

battery and gain credit beyond what the 

limited technology would deserve 

simply by virtue of being defined as a 

PHEV. However, because EPA is not 

finalizing the proposed multiplier 

provisions (see Section III.C.3) and is 

instead using as the sole incentive the 

zero emission tailpipe level as the 

compliance value for a manufacturer’s 

fleetwide average, this concern is no 

longer valid. Since EPA is not 

promulgating multipliers, the concern 

expressed at proposal no longer applies, 

and each PHEV will get a benefit from 

electricity commensurate with its 

measured use of grid electricity, thus 

EPA is no longer concerned about the 

multiplier effect. Thus, EPA is finalizing 

the following definitions in the 

regulations: 

• Electric vehicle means a motor 

vehicle that is powered solely by an 

electric motor drawing current from a 

rechargeable energy storage system, 

such as from storage batteries or other 

portable electrical energy storage 

devices, including hydrogen fuel cells, 

provided that: 

Æ Recharge energy must be drawn 

from a source off the vehicle, such as 

residential electric service; 

Æ The vehicle must be certified to the 

emission standards of Bin #1 of Table 

S04–1 in paragraph (c)(6) of § 86.1811; 

and 

Æ The vehicle does not have an 

onboard combustion engine/generator 

system as a means of providing 

electrical energy. 

• Fuel cell electric vehicle means a 

motor vehicle propelled solely by an 

electric motor where energy for the 

motor is supplied by a fuel cell. 

• Fuel cell means an electrochemical 

cell that produces electricity via the 

non-combustion reaction of a 

consumable fuel, typically hydrogen. 

• Plug-in hybrid electric vehicle 

(PHEV) means a hybrid electric vehicle 

that has the capability to charge the 

battery from an off-vehicle electric 

source, such that the off-vehicle source 

cannot be connected to the vehicle 

while the vehicle is in motion. 

With some simplifying assumptions, 

assume that 25,000 of Manufacturer A’s 

fleet are now plug-in hybrid electric 

vehicles with a calculated CO2 value of 

80 g/mi, and the remaining 475,000 are 

conventional technology vehicles with 

an average CO2 value of 290 grams/mile. 

By including the advanced technology 

PHEVs in their fleet, Manufacturer A 

now has more than 2.9 million credits 

(Table III.E.5–2). 

mstockstill on DSKB9S0YB1PROD with RULES2

Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 25479 

TABLE III.E.5–2—SUMMARY FOR MANUFACTURER A: EARNING BASIC AND INTERIM ADVANCED TECHNOLOGY CREDITS

CO2 Totals 

Total production .............................. Conventional: 475,000 ............................................................................. 290 g/mi 500,000 

PHEV: 25,000 ........................................................................................... 80 g/mi 

Fleet average standard ................... ................................................................................................................... 300 g/mi 

Fleet average .................................. [(475,000 × 290) + (25,000 × 80)] ÷ [500,000] ........................................ 280 g/mi 

Credits ............................................. [(300¥280) × 500,000 × 195,264] ÷ 1,000,000 ...................................... = 1,952,640 Mg 

c. Flexible-Fuel Vehicle Credits 

As noted in Section III.C, treatment of 

flexible-fuel vehicle (FFV) credits differs 

between model years 2012–2015 and 

2016 and later. For the 2012 through 

2015 model years the FFV credits will 

be calculated as they are in the CAFE 

program for the same model years, 

except that formulae in the final 

regulations have been modified as 

needed to do the calculations in terms 

of grams per mile of CO2 values rather 

than miles per gallon. These credits are 

integral to the fleet average calculation 

and allow the vehicles to be represented 

by artificially reduced emissions. To use 

this credit program, the CO2 values of 

FFVs will be represented by the average 

of two things: the CO2 value while 

operating on gasoline and the CO2 value 

while operating on the alternative fuel 

multiplied by 0.15. 

For MY 2012 to 2015 for example, 

Manufacturer A makes 30,000 FFVs 

with CO2 values of 280 g/mi using 

gasoline and 260 g/mi using E85. The 

CO2 value that would represent the 

FFVs in the fleet average calculation 

would be calculated as follows: 

FFV emissions = [280 + (260 × 0.15)] ÷ 

2 = 160 g/mi 

Including these FFVs with the 

applicable credit in Manufacturer A’s 

fleet average, as shown below in Table 

III.E.5–3, further reduces the fleet 

average to 256 grams/mile and increases 

the manufacturer’s credits to about 4.2 

million megagrams. 

TABLE III.E.5–3 SUMMARY FOR MANUFACTURER A: EARNING BASIC, INTERIM ADVANCED TECHNOLOGY, AND FLEXIBLE

FUEL VEHICLE CREDITS

CO2 Totals 

Total production .............................. Conventional: 445,000 ............................................................................. 290 g/mi 500,000 

PHEV: 25,000 ........................................................................................... 80 g/mi 

FFV: 30,000 ............................................................................................. 160 g/mi 

Fleet average standard ................... ................................................................................................................... 300 g/mi 

Fleet average .................................. [(445,000 × 290) + (25,000 × 80) + 30,000 × 160] ÷ [500,000] .............. 272 g/mi 

Credits ............................................. [(300 ¥ 272) × 500,000 × 195,264] ÷ 1,000,000 .................................... = 2,733,696 Mg 

In the 2016 and later model years, the 

calculation of FFV emissions differ 

substantially from prior years in that the 

determination of the CO2 value to 

represent an FFV model type will be 

based upon the actual use of the 

alternative fuel and on actual emissions 

while operating on that fuel. EPA’s 

default assumption in the regulations is 

that the alternative fuel is used 

negligibly, and the CO2 value that will 

apply to an FFV by default would be the 

value determined for operation on 

conventional fuel. However, if the 

manufacturer believes that the 

alternative fuel is used in real-world 

driving and that accounting for this use 

could improve the fleet average, the 

manufacturer has two options. First, the 

regulations allow a manufacturer to 

request that EPA determine an 

appropriate weighting value for an 

alternative fuel to reflect the degree of 

use of that fuel in FFVs relative to realworld use of the conventional fuel. 

Section III.C describes how EPA might 

make this determination. Any value 

determined by EPA will be published by 

EPA, and that weighting value would be 

available for all manufacturers to use for 

that fuel. The second option allows a 

manufacturer to determine the degree of 

alternative fuel use for their own 

vehicle(s), using a variety of potential 

methods. Both the method and the use 

of the final results must be approved by 

EPA before their use is allowed. In 

either case, whether EPA supplies the 

weighting factors or EPA approves a 

manufacturer’s alternative fuel 

weighting factors, the CO2 emissions of 

an FFV in 2016 and later would be as 

follows (assuming non-zero use of the 

alternative fuel): 

(W1 × CO2conv) + (W2 × CO2alt), 

Where W1 and W2 are the proportion of 

miles driven using conventional fuel and 

alternative fuel, respectively, CO2conv is 

the CO2 value while using conventional 

fuel, and CO2alt is the CO2 value while 

using the alternative fuel. In the example 

above, for instance, the default CO2 value 

for the fictional FFV described above 

would be the gasoline value of 280 g/mi, 

and the resulting fleet average and total 

credits would be 279 g/mi and 2,050,272 

megagrams, respectively. However, if the 

EPA determines that real-world ethanol 

use amounts to 40 percent of driving, 

then using the equation above the FFV 

would be included in the fleet average 

calculation with a CO2 value of 272 g/mi, 

resulting in an overall fleet average of 

278 g/mi and total credit accumulation 

of 2,147,904 megagrams. 

d. Dedicated Alternative Fuel Vehicle 

Credits 

Like the FFV credit program 

described above, these credits will be 

treated differently in the first years of 

the program than in the 2016 and later 

model years. In fact, these credits are 

essentially identical to the FFV credits 

except for two things: (1) There is no 

need to average CO2 values for gasoline 

and alternative fuel, and (2) in 2016 and 

later there is no demonstration needed 

to get a benefit from the alternative fuel. 

The CO2 values are essentially 

determined the same way they are for 

FFVs operating on the alternative fuel. 

For the 2012 through 2015 model years 

the CO2 test results are multiplied by 

the credit adjustment factor of 0.15, and 

the result is production-weighted in the 

fleet average calculation. For example, 

assume that Manufacturer A now 

produces 20,000 dedicated CNG 

vehicles with CO2 emissions of 220 

grams/mile, in addition to the FFVs and 

PHEVs already included in their fleet 

(Table III.E.5–4). Prior to the 2016 

model year the CO2 emissions 

mstockstill on DSKB9S0YB1PROD with RULES2

25480 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 

representing these CNG vehicles will be 

33 grams/mile (220 × 0.15). 

TABLE III.E.5–4—SUMMARY FOR MANUFACTURER A: EARNING BASIC, ADVANCED TECHNOLOGY, FLEXIBLE FUEL VEHICLE, 

AND DEDICATED ALTERNATIVE FUEL VEHICLE CREDITS

CO2 Totals 

Total production .............................. Conventional: 425,000 ............................................................................ 290 g/mi 500,000 

PHEV: 25,000 .......................................................................................... 80 g/mi 

FFV: 30,000 ............................................................................................. 160 g/mi 

CNG: 20,000 ........................................................................................... 33 g/mi 

Fleet average standard ................... .................................................................................................................. 300 g/mi 

Fleet average .................................. [(425,000 × 290) + (25,000 × 80) + (30,000 × 160) + (20,000 × 33)] ÷ 

[500,000].

261 g/mi 

Credits ............................................. [(300¥261) × 500,000 × 195,264] ÷ 1,000,000 ..................................... = 3,807,648 Mg 

The calculation for 2016 and later will 

be the same except the 0.15 credit 

adjustment factor is removed from the 

equation, and the CNG vehicles in this 

example would simply be productionweighted in the equation using their 

actual emissions value of 220 grams/ 

mile instead of the ‘‘credited’’ value of 

33 grams/mile. 

e. Air Conditioning Leakage Credits 

Unlike the credit programs described 

above, air conditioning-related credits 

do not affect the overall calculation of 

the fleet average or fleet average 

standard. Whether a manufacturer 

generates zero air conditioning credits 

or many, the calculated fleet average 

remains the same. Air conditioning 

credits are calculated and added to any 

credits (or deficit) that results from the 

fleet average calculations shown above. 

Thus, these credits can increase a 

manufacturer’s credit balance or offset a 

deficit, but their calculation is external 

to the fleet average calculation. As noted 

in Section III.C, manufacturers can 

generate credits for reducing the leakage 

of refrigerant from their air conditioning 

systems. To do this the manufacturer 

will identify an air conditioning system 

improvement, indicate that they intend 

to use the improvement to generate 

credits, and then calculate an annual 

leakage rate (grams/year) for that system 

based on the method defined by the 

regulations. Air conditioning credits 

will be determined separately for cars 

and trucks using the car and truckspecific equations described in Section 

III.C. 

In order to put these credits on the 

same basis as the basic and other credits 

described above, the air conditioning 

leakage credits will need to be 

calculated separately for cars and 

trucks. Thus, the resulting grams per 

mile credit determined from the 

appropriate car or truck equation will be 

multiplied by the lifetime VMT assigned 

by EPA (195,264 for cars; 225,865 for 

trucks), and then divided by 1,000,000 

to get the total megagrams of CO2 credits 

generated by the improved air 

conditioning system. Although the 

calculations are done separately for cars 

and trucks, the total megagrams will be 

summed and then added to the overall 

credit balance maintained by the 

manufacturer. 

For example, assume that 

Manufacturer A has improved an air 

conditioning system that is installed in 

250,000 cars and that the calculated 

leakage rate is 12 grams/year. Assume 

that the manufacturer has also 

implemented a new refrigerant with a 

Global Warming Potential of 850. In this 

case the credit per air conditioning unit, 

rounded to the nearest gram per mile 

would be: 

[13.8 × [1 ¥ (12/16.6 × 850/1,430)] = 7.9 

g/mi. 

Total megagrams of credits would 

then be: 

[7.9 × 250,000 × 195,264] ÷ 1,000,000 = 

385,646 Mg. 

These credits would be added directly 

to a manufacturer’s total balance; thus 

in this example Manufacturer A would 

now have, after consideration of all the 

above credits, a total of 4,193,294 

megagrams of credits. 

f. Air Conditioning Efficiency Credits 

As noted in Section III.C.1.b, 

manufacturers may earn credits for 

improvements in air conditioning 

efficiency that reduce the impact of the 

air conditioning system on fuel 

consumption. These credits are similar 

to the air conditioning leakage credits 

described above, in that these credits are 

determined independently from the 

manufacturer’s fleet average calculation, 

and the resulting credits are added to 

the manufacturer’s overall balance for 

the respective model year. Like the air 

conditioning leakage credits, these 

credits can increase a manufacturer’s 

credit balance or offset a deficit, but 

their calculation is external to the fleet 

average calculation. 

In order to put these credits on the 

same basis as the basic and other credits 

describe above, the air conditioning 

efficiency credits are calculated 

separately for cars and trucks. Thus, the 

resulting grams per mile credit 

determined in the above equation is 

multiplied by the lifetime VMT, and 

then divided by 1,000,000 to get the 

total megagrams of efficiency credits 

generated by the improved air 

conditioning system. Although the 

calculations are done separately for cars 

and trucks, the total megagrams can be 

summed and then added to the overall 

credit balance maintained by the 

manufacturer. 

As described in Section III.C, 

manufacturers will determine their 

credit based on selections from a menu 

of technologies, each of which provides 

a gram per mile credit amount. The 

credits will be summed for all the 

technologies implemented by the 

manufacturer, but cannot exceed 5.7 

grams per mile. Once this is done, the 

calculation is a straightforward 

translation of a gram per mile credit to 

total car or truck megagrams, using the 

same methodology described above. For 

example, if Manufacturer A implements 

enough technologies to get the 

maximum 5.7 grams per mile for an air 

conditioning system that sells 250,000 

units in cars, the calculation of total 

credits would be as follows: 

[5.7 × 250,000 × 195,264] ÷ 1,000,000 = 

278,251 Mg. 

These credits would be added directly 

to a manufacturer’s total balance; thus 

in this example Manufacturer A would 

now have, after consideration of all the 

above credits, a total of 4,471,545 

megagrams of credits. 

g. Off-Cycle Technology Credits 

As described in Section III.C, these 

credits will be available for certain new 

or innovative technologies that achieve 

mstockstill on DSKB9S0YB1PROD with RULES2

Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 25481 

real-world CO2 reductions that aren’t 

adequately captured on the city or 

highway test cycles used to determine 

compliance with the fleet average 

standards. Like the air conditioning 

credits, these credits are independent of 

the fleet average calculation. Section 

III.C.4 describes two options for 

generating these credits: Either using 

EPA’s 5-cycle fuel economy labeling 

methodology, or if that method fails to 

capture the CO2-reducing impact of the 

technology, the manufacturer could 

propose and use, with EPA approval, a 

different analytical approach to 

determining the credit amount. Like the 

air conditioning credits above, these 

credits will have to be determined 

separately for cars and trucks because of 

the differing lifetime mileage 

assumptions between cars and trucks. 

Using the 5-cycle approach is 

relatively straightforward, and because 

the 5-cycle formulae account for 

nationwide variations in driving 

conditions, no additional adjustments to 

the test results would be necessary. The 

manufacturer would simply calculate a 

5-cycle CO2 value with the technology 

installed and operating and compare it 

with a 5-cycle CO2 value determined 

without the technology installed and/or 

operating. Existing regulations describe 

how to calculate 5-cycle fuel economy 

values, and the GHG regulations contain 

provisions that describe how to 

calculate 5-cycle CO2 values (see 40 CFR 

600.114–08). The manufacturer will 

have to design a test program that 

accounts for vehicle differences if the 

technology is installed in different 

vehicle types, and enough data will 

have to be collected to address data 

uncertainty issues. Manufacturers 

seeking to generate off-cycle credits 

based on a 5-cycle analysis will be 

required to submit a description of their 

test program and the results to EPA for 

approval. 

As noted in Section III.C.4, a 

manufacturer-developed testing, data 

collection, and analysis program will 

require additional EPA approval and 

oversight. EPA received considerable 

comment from environmental and 

public interest organizations suggesting 

that EPA’s decisions about which 

technologies merit off-cycle credit 

should be open and public. EPA agrees 

that a public process will help ensure a 

fair review and alleviate concerns about 

potential misuse of the off-cycle credit 

flexibility. Therefore EPA intends to 

seek public comment on manufacturer 

proposals for off-cycle credit that do not 

use the 5-cycle approach to quantify 

emission reductions. EPA will consider 

any comments it receives in 

determining whether and how much 

credit is appropriate. Manufacturers 

should submit proposals well in 

advance of their desired decision date to 

allow time for these public and EPA 

reviews. 

Once the demonstration of the CO2

reduction of an off-cycle technology is 

complete, and the resulting value 

accounts for variations in driving, 

climate and other conditions across the 

country, the two approaches are treated 

fundamentally the same way and in a 

way that parallels the approach for 

determining the air conditioning credits 

described above. Once a gram per mile 

value is approved by the EPA, the 

manufacturer will determine the total 

credit value by multiplying the gram per 

mile per vehicle credit by the 

production volume of vehicles with that 

technology and approved for use of the 

credit. This would then be multiplied 

by the lifetime vehicle miles for cars or 

trucks, whichever applies, and divided 

by 1,000,000 to obtain total megagrams 

of CO2 credits. These credits would then 

be added to the manufacturer’s total 

balance for the given model year. Just 

like the above air conditioning case, an 

off-cycle technology that is 

demonstrated to achieve an average CO2

reduction of 4.4 grams/mile and that is 

installed in 175,000 cars would generate 

credits as follows: 

[4.4 × 175,000 × 195,264] ÷ 1,000,000 = 

150,353 Mg. 

h. End-of-Year Reporting 

In general, implementation of the 

averaging, banking, and trading (ABT) 

program, including the calculation of 

credits and deficits, will be 

accomplished via existing reporting 

mechanisms. EPA’s existing regulations 

define how manufacturers calculate 

fleet average miles per gallon for CAFE 

compliance purposes. Today’s action 

modifies these regulations to also 

require the parallel calculation of fleet 

average CO2 levels for car and light 

truck compliance categories. These 

regulations already require an end-ofyear report for each model year, 

submitted to EPA, which details the test 

results and calculations that determine 

each manufacturer’s CAFE levels. EPA 

will now require a similar report that 

includes fleet average CO2 levels and 

related information. That can be 

integrated with the CAFE report at the 

manufacturer’s option. In addition to 

requiring reporting of the actual fleet 

average achieved, this end-of-year report 

will also contain the calculations and 

data determining the manufacturer’s 

applicable fleet average standard for that 

model year. As under the existing Tier 

2 program, the report will be required to 

contain the fleet average standard, all 

values required to calculate the fleet 

average standard, the actual fleet 

average CO2 that was achieved, all 

values required to calculate the actual 

fleet average, the number of credits 

generated or debits incurred, all the 

values required to calculate the credits 

or debits, the number of credits bought 

or sold, and the resulting balance of 

credits or debits. 

Because of the multitude of credit 

programs that are available under the 

greenhouse gas program, the end-of-year 

report will be required to have more 

data and a more defined and specific 

structure than the CAFE end-of-year 

report does today. Although requiring 

‘‘all the data required’’ to calculate a 

given value should be inclusive, the 

report will contain some requirements 

specific to certain types of credits. For 

advanced technology credits that apply 

to vehicles like electric vehicles and 

plug-in hybrid electric vehicles, 

manufacturers will be required to 

identify the number and type of these 

vehicles and the effect of these credits 

on their fleet average. The same will be 

true for credits due to flexible-fuel and 

alternative-fuel vehicles, although for 

2016 and later flexible-fuel credits 

manufacturers may also have to provide 

a demonstration of the actual use of the 

alternative fuel in-use and the resulting 

calculations of CO2 values for such 

vehicles. For air conditioning leakage 

credits manufacturers will have to 

include a summary of their use of such 

credits that will include which air 

conditioning systems were subject to 

such credits, information regarding the 

vehicle models which were equipped 

with credit-earning air conditioning 

systems, the production volume of these 

air conditioning systems, the leakage 

score of each air conditioning system 

generating credits, and the resulting 

calculation of leakage credits. Air 

conditioning efficiency reporting will be 

somewhat more complicated given the 

phase-in of the efficiency test 

procedure, and reporting will have to 

detail compliance with the phase-in as 

well as the test results and the resulting 

efficiency credits generated. Similar 

reporting requirements will also apply 

to the variety of possible off-cycle credit 

options, where manufacturers will have 

to report the applicable technology, the 

amount of credit per unit, the 

production volume of the technology, 

and the total credits from that 

technology. 

Although it is the final end-of-year 

report, when final production numbers 

are known, that will determine the 

degree of compliance and the actual 

values of any credits being generated by 

mstockstill on DSKB9S0YB1PROD with RULES2

25482 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 

282 42 U.S.C. 7524(a), Civil Monetary Penalty 

Inflation Adjustment, 69 FR 7121 (Feb. 13, 2004) 

and Civil Monetary Penalty Inflation Adjustment 

Rule, 73 FR 75340 (Dec. 11, 2008). 

283 In re Spang & Co., 6 E.A.D. 226, 249 (EAB 

1995). 

284B.J. Carney Industries, 7 E.A.D. 171, 232, n. 82 

(EAB 1997). 

manufacturers, EPA will expect 

manufacturers to be prepared to discuss 

their compliance approach and their 

potential use of the variety of credit 

options in pre-certification meetings 

that EPA routinely has with 

manufacturers. In addition, and in 

conjunction with a pre-model year 

report required under the CAFE 

program, the manufacturer will be 

required to submit projections of all of 

the elements described above, plus any 

projected credit trading transactions 

(described below). 

Finally, to the extent that there are 

any credit transactions, the 

manufacturer will have to detail in the 

end-of-year report documentation on all 

credit transactions that the 

manufacturer has engaged in. 

Information for each transaction will 

include: the name of the credit provider, 

the name of the credit recipient, the date 

the transfer occurred, the quantity of 

credits transferred, and the model year 

in which the credits were earned. The 

final report is due to EPA within 90 

days of the end of the model year, or no 

later than March 31 in the calendar year 

after the calendar year named for the 

model year. For example, the final GHG 

report for the 2012 model year is due no 

later than March 31, 2013. Failure by 

the manufacturer to submit the annual 

report in the specified time period will 

be considered to be a violation of 

section 203(a)(1) of the Clean Air Act. 

6. Enforcement 

As discussed above in Section III.E.5, 

manufacturers will report to EPA their 

fleet average and fleet average standard 

for a given model year (reporting 

separately for each of the car and truck 

averaging sets), the credits or deficits 

generated in the current year, the 

balance of credit balances or deficits 

(taking into account banked credits, 

deficit carry-forward, etc. see Section 

III.E.5), and whether they were in 

compliance with the fleet average 

standard under the terms of the 

regulations. EPA will review the annual 

reports, figures, and calculations 

submitted by the manufacturer to 

determine any nonconformance. 

Each certificate, required prior to 

introduction into commerce, will be 

conditioned upon the manufacturer 

attaining the CO2 fleet average standard. 

If a manufacturer fails to meet this 

condition and has not generated or 

purchased enough credits to cover the 

fleet average exceedance following the 

three year deficit carry-forward (Section 

III.B.4, then EPA will review the 

manufacturer’s production for the 

model year in which the deficit 

originated and designate which vehicles 

caused the fleet average standard to be 

exceeded. 

EPA proposed that the vehicles that 

would be identified as nonconforming 

would come from the most recent model 

year, and some comments pointed out 

that this was inconsistent with how the 

NLEV and Tier 2 programs were 

structured. EPA agrees with these 

comments and is finalizing an 

enforcement structure that is essentially 

identical to the one in place for existing 

programs. EPA would designate as 

nonconforming those vehicles with the 

highest emission values first, continuing 

until a number of vehicles equal to the 

calculated number of non-complying 

vehicles as determined above is 

reached. Those vehicles would be 

considered to be not covered by the 

certificates of conformity covering those 

model types. In a test group where only 

a portion of vehicles would be deemed 

nonconforming, EPA would determine 

the actual nonconforming vehicles by 

counting backwards from the last 

vehicle produced in that model type. A 

manufacturer would be subject to 

penalties and injunctive orders on an 

individual vehicle basis for sale of 

vehicles not covered by a certificate. 

This is the same general mechanism 

used for the National LEV and Tier 2 

corporate average standards. 

Section 205 of the CAA authorizes 

EPA to assess penalties of up to $37,500 

per vehicle for violations of the 

requirements or prohibitions of this 

rule.282 This section of the CAA 

provides that the agency shall take the 

following penalty factors into 

consideration in determining the 

appropriate penalty for any specific 

case: the gravity of the violation, the 

economic benefit or savings (if any) 

resulting from the violation, the size of 

the violator’s business, the violator’s 

history of compliance with this title, 

action taken to remedy the violation, the 

effect of the penalty on the violator’s 

ability to continue in business, and such 

other matters as justice may require. 

Manufacturer comments expressed 

concern about potential enforcement 

action for violations of the greenhouse 

gas standards, and the circumstances 

under which EPA would impose 

penalties. Manufacturers also suggested 

that EPA should adopt a penalty 

structure similar to the one in place 

under CAFE. 

The CAA specifies different civil 

penalty provisions for noncompliance 

than EPCA does, and EPA cannot 

therefore adopt the CAFE penalty 

structure. However, EPA recognizes that 

it may be appropriate, should a 

manufacturer fail to comply with the 

NHTSA fuel economy standards as well 

as the CO2 standard in a case arising out 

of the same facts and circumstances, to 

take into account the civil penalties that 

NHTSA has assessed for violations of 

the CAFE standards when determining 

the appropriate penalty amount for 

violations of the CO2 emissions 

standards. This approach is consistent 

with EPA’s broad discretion to consider 

‘‘such other matters as justice may 

require,’’ and will allow EPA to exercise 

its discretion to prevent injustice and 

ensure that penalties for violations of 

the CO2 rule are assessed in a fair and 

reasonable manner. 

The statutory penalty factor that 

allows EPA to consider ‘‘such other 

matters as justice may require’’ vests 

EPA with broad discretion to reduce the 

penalty when other adjustment factors 

prove insufficient or inappropriate to 

achieve justice.283 The underlying 

principle of this penalty factor is to 

operate as a safety mechanism when 

necessary to prevent injustice.284

In other environmental statutes, 

Congress has specifically required EPA 

to consider penalties assessed by other 

government agencies where violations 

arise from the same set of facts. For 

instance, section 311(b)(8) of the Clean 

Water Act, 33 U.S.C. 1321(b)(8) 

authorizes EPA to consider any other 

penalty for the same incident when 

determining the appropriate Clean 

Water Act penalty. Likewise, section 

113(e) of the CAA authorizes EPA to 

consider ‘‘payment by the violator of 

penalties previously assessed for the 

same violation’’ when assessing 

penalties for certain violations of Title 

I of the Act. 

7. Prohibited Acts in the CAA 

Section 203 of the Clean Air Act 

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 by section 203 of the Clean 

Air Act include the introduction into 

commerce or the sale of a vehicle 

without a certificate of conformity, 

removing or otherwise defeating 

emission control equipment, the sale or 

installation of devices designed to 

defeat emission controls, and other 

actions. EPA proposed to include in the 

mstockstill on DSKB9S0YB1PROD with RULES2

Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 25483 

285 40 CFR 86.1806–04. 

regulations a new section that details 

these prohibited acts. Prior regulations, 

such as the NLEV program, had 

included such a section, and although 

there is no burden associated with the 

regulations or any specific need to 

repeat what is in the Clean Air Act, EPA 

believes that including this language in 

the regulations provides clarity and 

improves the ease of use and 

completeness of the regulations. No 

comments were received on the 

proposal, and EPA is finalizing the 

section on prohibited acts (see 40 CFR 

86.1854–12). 

8. Other Certification Issues 

a. Carryover/Carry Across Certification 

Test Data 

EPA’s certification program for 

vehicles 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 policy to CO2, N2O and CH4

certification test data. A manufacturer 

may also be eligible to use carryover and 

carry across data to demonstrate CO2

fleet average compliance if they have 

done so for CAFE purposes. 

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 rule. 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 rule is 

not known. EPA will assess its 

compliance testing and other activities 

associated with the rule and may amend 

its fees regulations in the future to 

include any warranted new costs. 

c. Small Entity Exemption 

EPA is exempting small entities, and 

these entities (necessarily) would not be 

subject to the certification requirements 

of this rule. 

As discussed in Section III.B.8, 

businesses meeting the Small Business 

Administration (SBA) criterion of a 

small business as described in 13 CFR 

121.201 would not be subject to the 

GHG requirements, pending future 

regulatory action. EPA proposed that 

such entities instead be required to 

submit a declaration to EPA containing 

a detailed written description of how 

that manufacturer qualifies as a small 

entity under the provisions of 13 CFR 

121.201. EPA has reconsidered the need 

for this additional submission under the 

regulations and is deleting it as not 

necessary. We already have information 

on the limited number of small entities 

that we expect would receive the 

benefits of the exemption, and do not 

need the proposed regulatory 

requirement to be able to effectively 

implement this exemption for those 

parties who in fact meet its terms. Small 

entities are currently covered by a 

number of EPA motor vehicle emission 

regulations, and they routinely submit 

information and data on an annual basis 

as part of their compliance 

responsibilities. 

As discussed in detail in Section 

III.B.6, small volume manufacturers 

with annual sales volumes of less than 

5,000 vehicles will also be deferred from 

the CO2 standards, pending future 

regulatory action. These manufacturers 

would still be required to meet N2O and 

CH4 standards, however. To qualify for 

CO2 standard deferral, manufacturers 

would need to submit a declaration to 

EPA, and would also be required to 

demonstrate due diligence in having 

attempted to first secure credits from 

other manufacturers. This declaration 

would have to be signed by a chief 

officer of the company, and would have 

to be made at least 30 days prior to the 

introduction into commerce of any 

vehicles for each model year for which 

the small volume manufacturer status is 

requested, but not later than December 

of the calendar year prior to the model 

year for which deferral is requested. For 

example, if a manufacturer will be 

introducing model year 2012 vehicles in 

October of 2011, then the small volume 

manufacturer declaration would be due 

in September, 2011. If 2012 model year 

vehicles are not planned for 

introduction until March, 2012, then the 

declaration would have to be submitted 

in December, 2011. Such manufacturers 

are not automatically exempted from 

other EPA regulations for light-duty 

vehicles and light-duty trucks; therefore, 

absent this annual declaration EPA 

would assume that each manufacturer 

was not deferred from compliance with 

the greenhouse gas standards. 

d. Onboard Diagnostics (OBD) and CO2

Regulations 

The light-duty on-board diagnostics 

(OBD) regulations require manufacturers 

to detect and identify malfunctions in 

all monitored emission-related 

powertrain systems or components.285

Specifically, the OBD system is required 

to monitor catalysts, oxygen sensors, 

engine misfire, evaporative system 

leaks, and any other emission control 

systems directly intended to control 

emissions, such as exhaust gas 

recirculation (EGR), secondary air, and 

fuel control systems. The monitoring 

threshold for all of these systems or 

components is 1.5 times the applicable 

standards, which typically include 

NMHC, CO, NOX, and PM. EPA did not 

propose that CO2 emissions would 

become one of the applicable standards 

required to be monitored by the OBD 

system. EPA did not propose CO2

become an applicable standard for OBD 

because it was confident that many of 

the emission-related systems and 

components currently monitored would 

effectively catch any malfunctions 

related to CO2 emissions. For example, 

malfunctions resulting from engine 

misfire, oxygen sensors, the EGR 

system, the secondary air system, and 

the fuel control system would all have 

an impact on CO2 emissions. Thus, 

repairs made to any of these systems or 

components should also result in an 

improvement in CO2 emissions. In 

addition, EPA did not have data on the 

feasibility or effectiveness of monitoring 

various emission systems and 

components for CO2 emissions and did 

not believe that it would be prudent to 

include CO2 emissions without such 

information. 

EPA did not address whether N2O or 

CH4 emissions should become 

applicable standards for OBD 

monitoring in the proposal. Several 

manufacturers felt that EPA’s silence on 

this issue implied that EPA was 

proposing that N2O and CH4 emissions 

become applicable OBD standards. They 

commented that EPA should not 

include them as part of OBD. They felt 

that adding N2O and CH4 would 

significantly increase OBD development 

burden, without significant benefit, 

since any malfunctions that increase 

N2O and CH4 would likely be caught by 

current OBD system designs. EPA agrees 

with the manufacturer’s comments on 

including N2O and CH4 as applicable 

standards. Therefore, at this time, EPA 

is not requiring CO2, N2O, and CH4

emissions as one of the applicable 

standards required for the OBD 

monitoring threshold. EPA plans to 

evaluate OBD monitoring technology, 

with regard to monitoring these GHG 

emissions-related systems and 

components, and may choose to propose 

to include CO2, N2O, and CH4 emissions 

as part of the OBD requirements in a 

future regulatory action. 

mstockstill on DSKB9S0YB1PROD with RULES2

25484 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 

286See CAA 206(f). 

287 DOT regulations at 49 CFR 525.4(a)(5) read 

‘‘The term customs territory of the United States is 

used as defined in 19 U.S.C. 1202.’’ Section 19 

U.S.C. 1202 has been replaced by the Harmonized 

Tariff Schedule of the United States. The 

Harmonized Tariff Schedule reads in part that ‘‘The 

term ‘customs territory of the United States’ * * * 

includes only the States, the District of Columbia, 

and Puerto Rico.’’ 

288Section 216 of the Clean Air Act defines the 

term commerce to mean ‘‘(A) commerce between 

any place in any State and any place outside 

thereof; and (B) commerce wholly within the 

District of Columbia.’’ 

Section 302(d) of the Clean Air Act reads ‘‘The 

term ‘State’ means a State, the District of Columbia, 

the Commonwealth of Puerto Rico, the Virgin 

Islands, Guam, and American Samoa and includes 

the Commonwealth of the Northern Mariana 

Islands.’’ In addition, 40 CFR 85.1502(14) regarding 

the importation of motor vehicles and motor vehicle 

engines defines the United States to include ‘‘the 

States, the District of Columbia, the Commonwealth 

of Puerto Rico, the Commonwealth of the Northern 

Mariana Islands, Guam, American Samoa, and the 

U.S. Virgin Islands.’’ 

e. Applicability of Current High 

Altitude Provisions to Greenhouse 

Gases 

Vehicles covered by this rule must 

meet the CO2, N2O and CH4 standard at 

altitude. The CAA requires emission 

standards under section 202 for lightduty vehicles and trucks to apply at all 

altitudes.286 EPA does not expect 

vehicle CO2, CH4, or N2O emissions to 

be significantly different at high 

altitudes based on vehicle calibrations 

commonly used at all altitudes. 

Therefore, EPA will retain its current 

high altitude regulations so 

manufacturers will not normally be 

required to submit vehicle CO2 test data 

for high altitude. Instead, they must 

submit an engineering evaluation 

indicating that common calibration 

approaches will be utilized at high 

altitude. Any deviation in emission 

control practices employed only at 

altitude will need to be included in the 

auxiliary emission control device 

(AECD) descriptions submitted by 

manufacturers at certification. In 

addition, any AECD specific to high 

altitude will be required to include 

emissions data to allow EPA evaluate 

and quantify any emission impact and 

validity of the AECD. 

f. Applicability of Standards to 

Aftermarket Conversions 

With the exception of the small entity 

and small volume exemptions, EPA’s 

emission standards, including 

greenhouse gas standards, will continue 

to apply as stated in the applicability 

sections of the relevant regulations. The 

greenhouse gas standards are being 

incorporated into 40 CFR part 86, 

subpart S, which includes exhaust and 

evaporative emission standards for 

criteria pollutants. Subpart S includes 

requirements for new light-duty 

vehicles, light-duty trucks, mediumduty passenger vehicles, Otto-cycle 

complete heavy-duty vehicles, and some 

incomplete light-duty trucks. Subpart S 

is currently specifically applicable to 

aftermarket conversion systems, 

aftermarket conversion installers, and 

aftermarket conversion certifiers, as 

those terms are defined in 40 CFR 

85.502. EPA expects that some 

aftermarket conversion companies will 

qualify for and seek the small entity 

and/or small volume exemption, but 

those that do not qualify will be 

required to meet the applicable 

emission standards, including the 

greenhouse gas standards. 

g. Geographical Location of Greenhouse 

Gas Fleet Vehicles 

One manufacturer commented that 

the CAFE sales area location defined by 

Department of Transportation 

regulations is different than the EPA 

sales area location defined by the CAA. 

DOT regulations require CAFE 

compliance 287 in the 50 states, the 

District of Columbia, and Puerto Rico. 

However, EPA emission certification 

regulations require emission 

compliance 288 in the 50 states, the 

District of Columbia, the Puerto Rico, 

the Virgin Islands, Guam, American 

Samoa and the Commonwealth of the 

Northern Mariana Islands. 

The comment stated that EPA has the 

discretion under the CAA to align the 

sales area location of production 

vehicles for the greenhouse gas fleet 

with the sales area location for the 

CAFE fleet and recommended that EPA 

amend the definitions in 40 CFR 

86.1803 accordingly. This would 

exclude from greenhouse gas 

requirements production vehicles that 

are introduced into commerce in the 

Virgin Islands, Guam, American Samoa, 

and the Commonwealth of the Northern 

Mariana. 

Although EPA has tried to harmonize 

greenhouse gas and CAFE requirements 

in this rule to the extent possible, EPA 

believes that the approach suggested in 

comment would be contrary to the 

requirements of the Act. EPA does not 

believe that the Agency has discretion 

under the CAA to exclude from 

greenhouse gas requirements production 

vehicles introduced into commerce in 

the Virgin Islands, Guam, American 

Samoa, and the Commonwealth of the 

Northern Mariana Islands. In addition, 

this change would introduce an 

undesirable level of complexity into the 

certification process and result in 

confusion due to vehicles intended for 

commerce in separate geographical 

locations being covered under a single 

certificate. For these reasons, EPA will 

retain the proposed greenhouse gas 

production vehicle sales area location as 

defined in the CAA. 

9. Miscellaneous Revisions to Existing 

Regulations 

a. Revisions and Additions to 

Definitions 

EPA has amended its definitions of 

‘‘engine code,’’ ‘‘transmission class,’’ and 

‘‘transmission configuration’’ in its 

vehicle certification regulations (part 

86) to conform to the definitions for 

those terms in its fuel economy 

regulations (part 600). The exact terms 

in part 86 are used for reporting 

purposes and are not used for any 

compliance purpose (e.g., an engine 

code will not determine which vehicle 

is selected for emission testing). 

However, the terms are used for this 

purpose in part 600 (e.g., engine codes, 

transmission class, and transmission 

configurations are all criteria used to 

determine which vehicles are to be 

tested for the purposes of establishing 

corporate average fuel economy). Since 

the same vehicles tested to determine 

corporate average fuel economy will 

also be tested to determine fleet average 

CO2, the same definitions will apply. 

Thus EPA has amended its part 86 

definitions of the above terms to 

conform to the definitions in part 600. 

Two provisions have been amended 

to bring EPA’s fuel economy regulations 

in Part 600 into conformity with the 

fleet average CO2 requirement contained 

in this rulemaking and with NHTSA’s 

reform truck regulations. First, the 

definition of ‘‘footprint’’ in this rule is 

also being added to EPA’s part 86 and 

600 regulations. This definition is based 

on the definition promulgated by 

NHTSA at 49 CFR 523.2. Second, EPA 

is amending its model year CAFE 

reporting regulations to include the 

footprint information necessary for EPA 

to determine the reformed truck 

standards and the corporate average fuel 

economy. This same information is 

included in this rule for fleet average 

CO2 and fuel economy compliance. 

b. Addition of Ethanol Fuel Economy 

Calculation Procedures 

EPA has amended part 600 to add 

calculation procedures for determining 

the carbon-related exhaust emissions 

and calculating the fuel economy of 

vehicles operating on ethanol fuel. 

Manufacturers have been using these 

procedures as needed, but the regulatory 

mstockstill on DSKB9S0YB1PROD with RULES2

Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 25485 

289 45 FR 49256, July 24, 1980. 

language—which specifies how to 

determine the fuel economy of gasoline, 

diesel, compressed natural gas, and 

methanol fueled vehicles—has not 

previously been updated to specify 

procedures for vehicles operating on 

ethanol. Under today’s rule EPA is 

requiring use of a carbon balance 

approach for ethanol-fueled vehicles 

that is similar to the way carbon-related 

exhaust emissions are calculated for 

vehicles operating on other fuels for the 

purpose of determining fuel economy 

and for compliance with the fleet 

average CO2 standards. The carbon 

balance formula is similar to the one in 

place for methanol, except that ethanol 

and acetaldehyde emissions must also 

be measured for ethanol-fueled vehicles. 

The carbon balance equation for 

determining fuel economy is as follows, 

where CWF is the carbon weight 

fraction of the fuel and CWFexHC is the 

carbon weight fraction of the exhaust 

hydrocarbons: 

mpg = (CWF × SG × 3781.8)/((CWFexHC

× HC) + (0.429 × CO) + (0.273 × 

CO2) + (0.375 × CH3OH) + (0.400 × 

HCHO) + (0.521 × C2H5OH) + (0.545 

× C2H4O)). 

The equation for determining the total 

carbon-related exhaust emissions for 

compliance with the CO2 fleet average 

standards is the following, where 

CWFexHC is the carbon weight fraction of 

the exhaust hydrocarbons: 

CO2-eq = (CWFexHC × HC) + (0.429 × CO) 

+ (0.375 × CH3OH) + (0.400 × 

HCHO) + (0.521 × C2H5OH) + (0.545 

× C2H4O) + CO2. 

c. Revision of Electric Vehicle 

Applicability Provisions 

In 1980, EPA issued a rule that 

provided for the inclusion of electric 

vehicles in the CAFE program.289 EPA 

now believes that certain provisions of 

the regulations should be updated to 

reflect the current state of motor vehicle 

emission and fuel economy regulations. 

In particular, EPA believes that the 

exemption of electric vehicles in certain 

cases from fuel economy labeling and 

CAFE requirements should be 

reevaluated and revised. 

The 1980 rule created an exemption 

for electric vehicles from fuel economy 

labeling in the following cases: (1) If the 

electric vehicles are produced by a 

company that produces only electric 

vehicles; and (2) if the electric vehicles 

are produced by a company that 

produces fewer than 10,000 vehicles of 

all kinds worldwide. EPA believes that 

this exemption language is no longer 

appropriate and is deleting it from the 

affected regulations. First, since 1980 

many regulatory provisions have been 

put in place to address the concerns of 

small manufacturers and enable them to 

comply with fuel economy and 

emission programs with reduced 

burden. EPA believes that all small 

volume manufacturers should compete 

on a fair and level regulatory playing 

field and that there is no longer a need 

to treat small volume electric vehicles 

any differently than small volume 

manufacturers of other types of vehicles. 

Current regulations contain streamlined 

certification procedures for small 

companies, and because electric 

vehicles emit no direct pollution there 

is effectively no certification emission 

testing burden. For example, the 

greenhouse gas regulations contain a 

provision allowing the exemption of 

certain small entities. Meeting the 

requirements for fuel economy labeling 

and CAFE will entail a testing, 

reporting, and labeling burden, but 

these burdens are not extraordinary and 

should be applied equally to all small 

volume manufacturers, regardless of the 

fuel that moves their vehicles. EPA has 

been working with existing electric 

vehicle manufacturers on fuel economy 

labeling, and EPA believes it is 

important for the consumer to have 

impartial, accurate, and useful label 

information regarding the energy 

consumption of these vehicles. Second, 

EPCA does not provide for an 

exemption of electric vehicles from 

NHTSA’s CAFE program, and NHTSA 

regulations regarding the applicability 

of the CAFE program do not provide an 

exemption for electric vehicles. Third, 

the blanket exemption for any 

manufacturer of only electric vehicles 

assumed at the time that these 

companies would all be small, but the 

exemption language inappropriately did 

not account for size and would allow 

large manufacturers to be exempt as 

well. Finally, because of growth 

expected in the electric vehicle market 

in the future, EPA believes that the 

labeling and CAFE regulations need to 

be designed to more specifically 

accommodate electric vehicles and to 

require that consumers be provided 

with appropriate information regarding 

these vehicles. For these reasons EPA 

has revised 40 CFR Part 600 

applicability regulations such that these 

electric vehicle exemptions are deleted 

starting with the 2012 model year. 

d. Miscellaneous Conforming 

Regulatory Amendments 

EPA has made a number of minor 

amendments to update the regulations 

as needed or to ensure that the 

regulations are consistent with changes 

discussed in this preamble. For 

example, for consistency with the 

ethanol fuel economy calculation 

procedures discussed above, EPA has 

amended regulations where necessary to 

require the collection of emissions of 

ethanol and acetaldehyde. Other 

changes are made to applicable sections 

to remove obsolete regulatory 

requirements such as phase-ins related 

to EPA’s Tier 2 emission standards 

program, and still other changes are 

made to better accommodate electric 

vehicles in EPA emission control 

regulations. Not all of these minor 

amendments are noted in this preamble, 

thus the reader should carefully 

evaluate regulatory text to ensure a 

complete understanding of the 

regulatory changes being promulgated 

by EPA. 

In the process of amending 

regulations that vary in applicability by 

model year, EPA has several approaches 

that can be taken. The first option is to 

amend an existing section of the 

regulations. For example, EPA did this 

in the final regulations with § 86.111– 

94. In this case EPA chose to directly 

amend this section—which applies to 

1994 and later model years as indicated 

by the suffix after the hyphen—but 

ensure that the model year of 

applicability of the amendments (2015 

and later for N2O measurement) is stated 

clearly in the regulatory text. A second 

option is to create a new section with 

specific applicability to the 2012 and 

later model years; i.e., a section number 

with a ‘‘12’’ following the hyphen. This 

approach typically involves pulling 

forward all the language from an earlier 

model year section, then amending as 

needed (but it could also involve a 

wholesale revision and replacement 

with entirely new language). For 

example, EPA took this approach with 

§ 86.1809–12. Although only paragraphs 

(d) and (e) contain revisions pertaining 

to this greenhouse gas rule, the 

remainder of the section is ‘‘pulled 

forward’’ from a prior model year 

section (in this case, § 86.1809–10) for 

completeness. Thus paragraphs (a) 

through (c) are unchanged relative to the 

prior model year section. Readers 

should therefore be aware that sections 

that are indicated as taking effect in the 

2012 model year may differ in only 

subtle ways from the prior model year 

section being superseded. A third 

approach (not used in this regulation) is 

to use the ‘‘Reserved. For guidance see 

***’’ technique. For example, in the 

§ 86.1809–12, rather than bring forward 

the existing language from paragraphs 

(a) through (c), EPA could have simply 

put a statement in the regulations 

mstockstill on DSKB9S0YB1PROD with RULES2

25486 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 

directing the reader to refer back to 

§ 86.1809–10 for those requirements. 

This method has been used in the past, 

but is not being used in this regulation. 

10. Warranty, Defect Reporting, and 

Other Emission-Related Components 

Provisions 

As outlined in the proposal, Section 

207(a) of the Clean Air Act (CAA) 

requires manufacturers to provide a 

defect warranty that warrants a vehicle 

is designed to comply with emission 

standards and will be free from defects 

that may cause noncompliance over the 

specified warranty period which is 2 

years/24,000 miles (whichever is first) 

or, for major emission control 

components, 8 years/80,000 miles. The 

warranty covers parts which must 

function properly to assure continued 

compliance with emission standards. 

The proposal explained that under the 

greenhouse gas rule, this coverage 

would include compliance with the 

proposed CO2, CH4, and N2O standards. 

The proposal did not discuss the CAA 

Section 207(b) performance warranty. 

EPA proposed to include air 

conditioning system components under 

the CAA section 207(a) emission 

warranty in cases where manufacturers 

use air conditioning leakage and 

efficiency credits to comply with the 

proposed fleet average CO2 standards. 

The warranty period of 2 years/24,000 

miles would apply. EPA requested 

comments as to whether any other parts 

or components should be designated as 

‘‘emission related parts’’ and thus 

subject to warranty and defect reporting 

provisions under this rule. 

The Alliance of Automobile 

Manufacturers (Alliance), Toyota and 

the State of New Jersey provided 

comments. The State of New Jersey 

supported EPA’s proposal to include 

motor vehicle air conditioning system 

components under the emission 

warranty provisions. Both the Alliance 

and Toyota commented that emission 

warranty requirements are not 

appropriate for mobile air conditioners 

because (1) in-use performance of the air 

conditioning system at levels 

comparable to a new vehicle is not 

needed to achieve the emission levels 

targeted by EPA and (2) manufacturer 

general warranties already cover air 

conditioning systems and are typically 

longer than the two-year/24,000 mile 

proposed emissions warranty period. 

Regarding direct emissions 

(refrigerant leakage), the Alliance and 

Toyota commented that warranty 

requirements are unnecessary for 

refrigerants with a global warming 

potential (GWP) below 150 because the 

environmental impact is negligible even 

if refrigerants are released from the 

system. Regarding indirect emissions 

(fuel consumed to power the air 

conditioning system), the Alliance 

commented that EPA should not require 

warranty coverage of the air 

conditioning system because in the vast 

majority of air conditioning failure 

modes, the system stops cooling and 

ceases operation—either because the 

critical moving parts stop moving or 

because the system is switched off— 

thereby actually reducing the indirect 

CO2 emissions. 

EPA received no comments regarding 

(1) other parts or components which 

should be designated as ‘‘emission 

related parts’’ subject to warranty 

requirements, (2) defect reporting 

requirements, or (3) other requirements 

associated with warranty and defect 

reporting requirements (e.g., voluntary 

emission-related recall reporting 

requirements, performance warranty 

requirements, voluntary aftermarket 

parts certification requirements or 

tampering requirements. 

Defect Warranty. EPA’s current policy 

for defect warranty requirements is 

provided in Section 207 of the Act. 

There are currently no defect warranty 

regulations. Congress provided under 

Section 207(a) and (b) of the CAA that 

emission-related components shall be 

covered under the 207(a) defect 

warranty and the 207(b) performance 

warranty for the warranty period 

outlined in section 207(i) of the CAA. 

For example, section 207(a) reads in 

part: 

‘‘* * * the manufacturer of each new motor 

vehicle and new motor vehicle engine shall 

warrant to the ultimate purchaser and each 

subsequent purchaser that such vehicle or 

engine is (A) designed, built and equipped so 

as to conform at the time of sale with 

applicable regulations under section 202, and 

(B) free from defects in materials and 

workmanship which cause such vehicle or 

engine to fail to conform with applicable 

regulations for its useful life (as determined 

under sec. 202(d)). In the case of vehicles and 

engines manufactured in the model year 1995 

and thereafter such warranty shall require 

that the vehicle or engine is free from any 

such defects for the warranty period 

provided under subsection (i).’’ 

Section 207(i) reads in part: 

‘‘(i) Warranty Period.— 

(1) In General.—For purposes of subsection 

(a)(1) and subsection (b), the warranty period, 

effective with respect to new light-duty 

trucks and new light-duty vehicles and 

engines, manufactured in model year 1995 

and thereafter, shall be the first 2 years or 

24,000 miles of use (whichever first occurs), 

except as provided in paragraph (2). For the 

purposes of subsection (a)(1) and subsection 

(b), for other vehicles and engines the 

warranty period shall be the period 

established by the Administrator by 

regulation (promulgated prior to the 

enactment of the Clean Air Act Amendments 

of 1990) for such purposes unless the 

Administrator subsequently modifies such 

regulation. 

(2) In the case of a specified major 

emission control component, the warranty 

period for new light-duty trucks and new 

light-duty vehicles manufactured in the 

model year 1995 and thereafter for purposes 

of subsection (a)(1) and subsection (b) shall 

be 8 years or 80,000 miles of use (whichever 

first occurs). As used in this paragraph, the 

term ‘specified major emission control 

component’ means only a catalytic converter, 

an electronic emissions control unit, and an 

onboard emissions diagnostic device, except 

that the Administrator may designate any 

other pollution control device or component 

as a specified major emission control 

component if—(A) the device or component 

was not in general use on vehicles and 

engines manufactured prior to the model year 

1990; and (B) the Administrator determines 

that the retail cost (exclusive of installation 

costs) of such device or component exceeds 

$200 (in 1989 dollars, adjusted for inflation 

or deflation) as calculated by the 

Administrator at the time of such 

determination * * *’’ 

Thus, the CAA provides the basis of 

the warranty requirements contained in 

today’s final rule, which will cover 

‘‘emission related parts’’ necessary to 

provide compliance with CO2, CH4, and 

N2O standards. Emission related parts 

would include those parts, systems, 

components and software installed for 

the specific purpose of controlling 

emissions or those components, 

systems, or elements of design which 

must function properly to assure 

continued vehicle emission compliance, 

including compliance with CO2, CH4, 

and N2O standards; (similar to the 

current definition of ‘‘emission related 

parts’’ provided in 40 CFR 85.2102(14) 

for performance warranty requirements). 

For example, today’s action will extend 

defect warranty requirements to 

emission-related components on 

advanced technology vehicles such as 

cylinder deactivation components or 

batteries used in hybrid-electric 

vehicles. 

Under today’s rule, EPA will extend 

the defect warranty requirement to 

emission-related components necessary 

to meet CO2, CH4, and N2O standards, 

including emission-related components 

which are used to obtain optional 

credits for (1) certification of advanced 

technology vehicles, (2) credits for 

reduction of air conditioning refrigerant 

leakage, (3) credits for improving air 

conditioning system efficiency, (4) 

credits for off-cycle CO2 reducing 

technologies, and (5) optional early 

credits for 2009–2011 model year 

vehicles outlined in the provisions of 40 

mstockstill on DSKB9S0YB1PROD with RULES2

Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 25487 

CFR 86.1867–12 (which are required to 

be reported to EPA after the 2011 model 

year). 

Regarding the comments received by 

the Alliance and Toyota, that warranty 

coverage is not needed for air 

conditioning components, EPA believes 

that the Clean Air Act requires warranty 

coverage on components used to 

demonstrate compliance with the 

emission standards, including 

components used in the optional credit 

programs for reduction of air 

conditioning refrigerant leakage and air 

conditioning efficiency improvements. 

EPA does not have the discretion to 

forgo warranty requirements by 

regulation in today’s final rule. Thus, 

the Agency is adopting defect warranty 

requirements for air conditioning 

components as proposed. 

Effective date of Warranty for 

Components used to Obtain Early 

Credits. Regarding the defect warranty 

for emission-related components used to 

obtain optional early credits for 2009– 

2011 vehicles, the defect warranty 

should provide coverage for these 

components at the time the early credits 

report is submitted to EPA (e.g., no later 

than 90 days after the end of the 2011 

model year). For example, the defect 

warranty for early credit components 

does not have to apply retroactively 

(before the manufacturer declares the 

credits to EPA). The Agency believes 

this approach is reasonable, because (1) 

manufacturer’s early credit plans may 

not be finalized until after vehicles have 

been produced; (2) manufacturers will 

be provided satisfactory lead time to 

provide warranty requirements to 

customers; and (3) the manufacturer’s 

basic (bumper-to-bumper) warranty for 

air conditioning and other early credit 

components are typically longer than 

the two-year/24,000 mile proposed 

warranty period which will be 

applicable to most early credit 

components. 

Performance Warranty. EPA did not 

propose any changes to the current 

performance warranty requirements, 

because the performance warranty 

preconditions outlined in section 207(b) 

of the CAA have not been satisfied. For 

example, section 207(b) of the CAA 

comes into play if EPA issues 

performance warranty short test 

regulations and determines that there 

are inspection facilities available in the 

field to determine when vehicles do not 

comply with greenhouse gas emission 

standards. Once EPA issues 

performance warranty short test 

regulations, then the CAA performance 

warranty provisions require the 

manufacturer to pay for emissionrelated repairs if a vehicle is properly 

maintained and used, and fails the short 

test and is required to repair the vehicle. 

Currently the provisions of 85.2207 and 

85.2222 provide performance warranty 

short test (commonly called an 

inspection and maintenance or I/M test). 

The provisions of 85.2207 and 85.2222 

provide an I/M test procedure and 

failure criteria based on an inspection of 

the onboard diagnostic (OBD) system of 

the vehicle. The OBD inspection 

procedure in 85.2222 is currently used 

in most areas of the country where I/M 

tests are required. For example, a 

vehicle fails the OBD test procedure 

outlined in 85.2222 if the vehicle’s MIL 

is commanded to be ‘‘on’’ during the 

I/M test procedure. 

Although most areas of the country 

which require I/M testing use the OBD 

test procedure outlined in 40 CFR 

85.2207 and 85.2222, the NPRM did not 

propose that the OBD system would be 

required to monitor CO2, CH4 or N2O 

emission performance, ref 74 FR 49574 

and 74 FR 49755. Therefore, the 

performance warranty preconditions in 

201(b) of the CAA are not currently in 

effect for greenhouse gas CO2 emissions. 

The performance warranty continues to 

apply for criteria pollutants but not for 

greenhouse emissions. 

Defect Reporting and Voluntary 

Emission-related Recall Reporting 

Requirements. EPA did not propose any 

changes to the current defect reporting 

and voluntary emission-related recall 

reporting requirements outlined in the 

provisions of 40 CFR 85.1901–1909. 

Although EPA requested comments, we 

did not receive any comments on defect 

reporting and voluntary emissionrelated recall reporting requirements. 

Current regulations require 

manufacturers to submit a defect report 

to EPA whenever an emission-related 

defect exists in 25 or more in-use 

vehicles or engines of the same model 

year. The defect report is required to be 

submitted to EPA within 15 working 

days of the time the manufacturer 

becomes aware of a defect that affects 25 

or more vehicles. Current regulations 

require manufacturers to submit to EPA 

voluntary emission-related recall reports 

within 15 working days of the date 

when owner notification begins. 

Similar to the performance warranty 

requirements outlined above, the 

Agency believes that as proposed, defect 

reporting and voluntary emissionrelated recall reporting requirements 

would apply to emission-related 

components necessary to meet CO2, CH4, 

and N2O standards for the useful life of 

the vehicle, including emission-related 

components that are used to obtain 

optional credits for (1) certification of 

advanced technology vehicles, (2) 

credits for reduction of air conditioning 

refrigerant leakage, (3) credits for 

improving air conditioning system 

efficiency, and (4) credits for off-cycle 

CO2 reducing technologies, and (5) 

optional early credits for 2009–2011 

model year vehicles outlined in the 

provisions of 40 CFR 86.1867–12 (which 

are required to be reported to EPA after 

the 2011 model year). For early credit 

components, defect reporting 

requirements and voluntary emissionrelated recall reporting requirements 

become effective at the time the early 

credits report is submitted to EPA (e.g., 

no later than 90 days after the end of the 

2011 model year). 

The final rule includes a minor 

clarification to the provisions of 40 CFR 

85.1902 (b) and (d) to clarify that 

beginning with the 2012 model year, 

manufacturers are required to report 

emission-related defects and voluntary 

emission recalls to EPA, including 

emission-related defects and voluntary 

emission recalls related to greenhouse 

gas emissions (CH4, N2O and CO2). 

11. Light Duty Vehicles and Fuel 

Economy Labeling 

American consumers need accurate 

and meaningful information about the 

environmental and fuel economy 

performance of new light duty vehicles. 

EPA believes it is important that the 

fuel-economy label affixed to the new 

vehicles provide consumers with the 

critical information they need to make 

smart purchase decisions, especially in 

light of the expected increase in market 

share of electric and other advanced 

technology vehicles. Consumers may 

need new and different information 

than today’s vehicle labels provide in 

order to help them understand the 

energy use and associated cost of 

owning these electric and advanced 

technology vehicles. 

Therefore, in proposing this 

greenhouse gas action, EPA sought 

comment on issues surrounding 

consumer vehicle labeling in general, 

and labeling of advanced technology 

vehicles in particular. EPA specifically 

asked for input as to whether today’s 

miles per gallon fuel economy metric 

provides adequate information to 

consumers. 

EPA received considerable public 

input in response to the request for 

comment in the proposal. Since the 

greenhouse gas rule was proposed in 

September, 2009, EPA has initiated a 

separate rulemaking to explore in detail 

the information displayed on the fuel 

economy label and the methodology for 

deriving that information. The purpose 

of the vehicle labeling rulemaking is to 

ensure that American consumers 

mstockstill on DSKB9S0YB1PROD with RULES2

25488 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 

290U.S. EPA (2009). ‘‘EPA Analysis of the 

American Clean Energy and Security Act of 2009: 

H.R. 2454 in the 111th Congress.’’ U.S. 

Environmental Protection Agency, Washington, DC 

USA (http://www.epa.gov/climatechange/

economics/economicanalyses.html). ADAGE model 

projections of worldwide and U.S. totals include 

EISA, and are provided for context. 

291This analysis does not include the EISA 

requirement for 35 MPG through 2020 or 

California’s Pavley 1 GHG standards. The standards 

are intended to supersede these requirements, and 

the baseline case for comparison are the emissions 

that would result without further action above the 

currently promulgated fuel economy standards. 

292Estimated using MOVES2010, the average 

vehicle in the light duty fleet emitted 5.1 tons of 

CO2 during calendar year 2008. 

continue to have the most accurate, 

meaningful, and useful information 

available to them when purchasing new 

vehicles, and that the information is 

presented to them in clear and 

understandable terms. 

EPA will consider all vehicle labeling 

comments received in response to the 

greenhouse gas proposal in its 

development of the new labeling rule in 

coming months. We encourage the 

interested public to stay engaged and 

continue to provide input on this issue 

in the context of the vehicle labeling 

rulemaking. 

F. How will this final rule reduce GHG 

emissions and their associated effects? 

This action is an important step 

towards curbing steady growth of GHG 

emissions from cars and light trucks. In 

the absence of control, GHG emissions 

worldwide and in the U.S. are projected 

to continue steady growth. Table III.F– 

1 shows emissions of CO2, methane, 

nitrous oxide and air conditioning 

refrigerants on a CO2-equivalent basis 

for calendar years 2010, 2020, 2030, 

2040 and 2050. As shown below, U.S. 

GHGs are estimated to make up roughly 

17 percent of total worldwide emissions 

in 2010, and the contribution of direct 

emissions from cars and light-trucks to 

this U.S. share is growing over time, 

reaching an estimated 19 percent of U.S. 

emissions by 2030 in the absence of 

control. As discussed later in this 

section, this steady rise in GHG 

emissions is associated with numerous 

adverse impacts on human health, food 

and agriculture, air quality, and water 

and forestry resources. 

TABLE III.F–1—REFERENCE CASE GHG EMISSIONS BY CALENDAR YEAR

[MMTCO2eq] 

2010 2020 2030 2040 2050 

All Sectors (Worldwide) a ......................................................................... 41,016 48,059 52,870 56,940 60,209 

All Sectors (U.S. Only) a .......................................................................... 7,118 7,390 7,765 8,101 8,379 

U.S. Cars/Light Truck Only b .................................................................... 1,243 1,293 1,449 1,769 2,219 

aADAGE model projections, U.S. EPA.290

b MOVES2010 (2010), OMEGA Model (2020–50) U.S. EPA. See RIA Chapter 5.3 for modeling details. 

EPA’s GHG rule will result in 

significant reductions as newer, cleaner 

vehicles come into the fleet, and the 

rule is estimated to have a measurable 

impact on world global temperatures. 

As discussed in Section I, this GHG rule 

is part of a joint National Program such 

that a large majority of the projected 

benefits would be achieved jointly with 

NHTSA’s CAFE standards, which are 

described in detail in Section IV. EPA 

estimates the reductions attributable to 

the GHG program over time assuming 

the model year 2016 standards continue 

indefinitely post-2016,291 compared to a 

reference scenario in which the 2011 

model year fuel economy standards 

continue beyond 2011. 

Using this approach EPA estimates 

these standards would cut annual 

fleetwide car and light truck tailpipe 

CO2-eq emissions by 21 percent by 2030, 

when 90 percent of car and light truck 

miles will be travelled by vehicles 

meeting the new standards. Roughly 20 

percent of these reductions are due to 

‘‘upstream’’ emission reductions from 

gasoline extraction, production and 

distribution processes as a result of 

reduced gasoline demand associated 

with this rule. Some of the overall 

emission reductions also come from 

projected improvements in the 

efficiency of vehicle air conditioning 

systems, which will substantially 

reduce direct emissions of HFCs, one of 

the most potent greenhouse gases, as 

well as indirect emissions of tailpipe 

CO2 emissions attributable to reduced 

engine load from air conditioning. In 

total, EPA estimates that compared to a 

baseline of indefinite 2011 model year 

standards, net GHG emission reductions 

from the program would be 307 million 

metric tons CO2-equivalent 

(MMTCO2eq) annually by 2030, which 

represents a reduction of 4 percent of 

total U.S. GHG emissions and 0.6 

percent of total worldwide GHG 

emissions projected in that year. This 

estimate accounts for all upstream fuel 

production and distribution emission 

reductions, vehicle tailpipe emission 

reductions including air conditioning 

benefits, as well as increased vehicle 

miles travelled (VMT) due to the 

‘‘rebound’’ effect discussed in Section 

III.H. EPA estimates this would be the 

equivalent of removing approximately 

50 million cars and light trucks from the 

road in this timeframe.292

EPA projects the total reduction of the 

program over the full life of model year 

2012–2016 vehicles to be about 960 

MMTCO2eq, with fuel savings of 78 

billion gallons (1.8 billion barrels) of 

gasoline over the life of these vehicles, 

assuming that some manufacturers take 

advantage of low-cost HFC reduction 

strategies to help meet these standards. 

The impacts on global mean 

temperature and global mean sea level 

rise resulting from these emission 

reductions are discussed in Section 

III.F.3. 

1. Impact on GHG Emissions 

This action will reduce GHG 

emissions emitted directly from vehicles 

due to reduced fuel use and more 

efficient air conditioning systems. In 

addition to these ‘‘downstream’’ 

emissions, reducing CO2 emissions 

translates directly to reductions in the 

emissions associated with the processes 

involved in getting petroleum to the 

pump, including the extraction and 

transportation of crude oil, and the 

production and distribution of finished 

gasoline (termed ‘‘upstream’’ emissions). 

Reductions from tailpipe GHG standards 

grow over time as the fleet turns over to 

vehicles subject to the standards, 

meaning the benefit of the program will 

continue as long as the oldest vehicles 

in the fleet are replaced by newer, lower 

CO2 emitting vehicles. 

EPA is not projecting any reductions 

in tailpipe CH4 or N2O emissions as a 

result of the emission caps set forth in 

this rule, which are meant to prevent 

emission backsliding and to bring diesel 

vehicles equipped with advanced 

technology aftertreatment, and other 

advanced technology vehicles such as 

lean-burn gasoline vehicles, into 

mstockstill on DSKB9S0YB1PROD with RULES2

Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 25489 

293EPA is adopting a compliance option whereby 

manufacturers can comply with a CO2 equivalent 

standard in lieu of meeting the CH4 and N2O 

standards. This should have no effect on the 

estimated GHG reductions attributable to the rule 

since a condition of meeting that alternative 

standard is that the fleetwide CO2 target remains in 

place. 

294Energy Information Administration. Annual 

Energy Outlook 2010 Early Release. http:// 

www.eia.doe.gov/oiaf/aeo/. 

295Legally, the 2011 CAFE standards only apply 

to the 2011 model year and no standards apply to 

future model years. However, we do not believe that 

it would be appropriate to assume that no CAFE 

standards would apply beyond the 2011 model year 

when projecting the impacts of this rule. 

alignment with current gasoline vehicle 

emissions.293

No substantive comments were 

received on the emissions modeling 

methods or on the greenhouse gas 

inventories presented in the proposal. 

These analyses are updated here to 

include model revisions and more 

recent economic analysis, including 

revised estimates of future vehicle sales, 

fuel prices, and vehicle miles traveled. 

The primary source for these data is the 

AEO 2010 preliminary release.294 For 

more details, please see the TSD and 

RIA Chapter 5. 

As detailed in the RIA, EPA estimated 

calendar year tailpipe CO2 reductions 

based on pre- and post-control CO2 gram 

per mile levels from EPA’s OMEGA 

model and assumed to continue 

indefinitely into the future, coupled 

with VMT projections derived from 

AEO 2010 Early Release. These 

estimates reflect the real-world CO2

emissions reductions projected for the 

entire U.S. vehicle fleet in a specified 

calendar year, including the projected 

effect of air conditioning credits, the 

TLAAS program and FFV credits. EPA 

also estimated full lifetime reductions 

for model years 2012–2016 using preand post-control CO2 levels projected by 

the OMEGA model, coupled with 

projected vehicle sales and lifetime 

mileage estimates. These estimates 

reflect the real-world CO2 emissions 

reductions projected for model years 

2012 through 2016 vehicles over their 

entire life. 

This rule allows manufacturers to 

earn credits for improved vehicle air 

conditioning efficiency. Since these 

improvements are relatively low cost, 

EPA projects that manufacturers will 

take advantage of this flexibility, leading 

to reductions from emissions associated 

with vehicle air conditioning systems. 

As explained above, these reductions 

will come from both direct emissions of 

air conditioning refrigerant over the life 

of the vehicle and tailpipe CO2

emissions produced by the increased 

load of the A/C system on the engine. 

In particular, EPA estimates that direct 

emissions of HFCs, one of the most 

potent greenhouse gases, would be 

reduced 50 percent from light-duty 

vehicles when the fleet has turned over 

to more efficient vehicles. The fuel 

savings derived from lower tailpipe CO2

would also lead to reductions in 

upstream emissions. Our estimated 

reductions from the A/C credits program 

are based on our analysis of how 

manufacturers are expected to take 

advantage of this credit opportunity in 

complying with the CO2 fleetwide 

average tailpipe standards. 

Upstream emission reductions 

associated with the production and 

distribution of fuel were estimated using 

emission factors from DOE’s GREET1.8 

model, with some modifications as 

detailed in Chapter 5 of the RIA. These 

estimates include both international and 

domestic emission reductions, since 

reductions in foreign exports of finished 

gasoline and/or crude would 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 U.S.; a breakdown of 

projected international versus domestic 

reductions is included in the RIA. 

a. Calendar Year Reductions for Future 

Years 

Table III.F.1–1 shows reductions 

estimated from these GHG standards 

assuming a pre-control case of 2011 MY 

standards continuing indefinitely 

beyond 2011, and a post-control case in 

which 2016 MY GHG standards 

continue indefinitely beyond 2016.295

These reductions are broken down by 

upstream and downstream components, 

including air conditioning 

improvements, and also account for the 

offset from a 10 percent VMT ‘‘rebound’’ 

effect as discussed in Section III.H. 

Including the reductions from upstream 

emissions, total reductions are 

estimated to reach 307 MMTCO2eq 

annually by 2030 (a 21 percent 

reduction in U.S. car and light truck 

emissions), and grow to over 500 

MMTCO2eq in 2050 as cleaner vehicles 

continue to come into the fleet (a 23 

percent reduction in U.S. car and light 

truck emissions). 

TABLE III.F.1–1—PROJECTED GHG REDUCTIONS

[MMTCO2eq per year] 

Calendar year 

2020 2030 2040 2050 

Net Reduction * ................................................................................................ 156.4 307.0 401.5 505.9 

Net CO2 .................................................................................................... 139.1 273.3 360.4 458.7 

Net other GHG ......................................................................................... 17.3 33.7 41.1 47.2 

Downstream Reduction ................................................................................... 125.2 245.7 320.7 403.0 

CO2 (excluding A/C) ................................................................................. 101.2 199.5 263.2 335.1 

A/C—indirect CO2 ..................................................................................... 10.6 20.2 26.5 33.8 

A/C—direct HFCs ..................................................................................... 13.3 26.0 30.9 34.2 

CH4 (rebound effect) ................................................................................ 0.0 0.0 0.0 0.0 

N2O (rebound effect) ................................................................................ 0.0 ¥0.1 ¥0.1 ¥0.1 

Upstream Reduction ........................................................................................ 31.2 61.3 80.8 102.9 

CO2 ........................................................................................................... 27.2 53.5 70.6 89.9 

CH4 ........................................................................................................... 3.9 7.6 10.0 12.7 

N4O ........................................................................................................... 0.1 0.3 0.3 0.4 

Percent reduction relative to U.S. reference (cars + light trucks) ................... 12.1% 21.2% 22.7% 22.8% 

Percent reduction relative to U.S. reference (all sectors) ............................... 2.1% 4.0% 5.0% 6.0% 

Percent reduction relative to worldwide reference .......................................... 0.3% 0.6% 0.7% 0.8% 

* Includes impacts of 10% VMT rebound rate presented in Table III.F.1–3. 

mstockstill on DSKB9S0YB1PROD with RULES2

25490 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 

296As detailed in the RIA Chapter 5 and TSD 

Chapter 4, for this analysis the full life of the 

vehicle is represented by average lifetime mileages 

for cars (195,000 miles) and trucks (226,000 miles) 

averaged over calendar years 2012 through 2030, a 

function of how far vehicles drive per year and 

scrappage rates. 

b. Lifetime Reductions for 2012–2016 

Model Years 

EPA also analyzed the emission 

reductions over the full life of the 2012– 

2016 model year cars and trucks 

affected by this program.296 These 

results, including both upstream and 

downstream GHG contributions, are 

presented in Table III.F.1–2, showing 

lifetime reductions of about 960 

MMTCO2eq, with fuel savings of 78 

billion gallons (1.8 billion barrels) of 

gasoline. 

TABLE III.F.1–2—PROJECTED NET GHG REDUCTIONS

[MMTCO2eq per year] 

Model year 

Lifetime GHG reduction 

(MMT CO2 EQ) 

Lifetime Fuel 

savings 

(billion gallons) 

2012 ................................................................................................................................................................. 88.9 7.3 

2013 ................................................................................................................................................................. 130.2 10.5 

2014 ................................................................................................................................................................. 174.2 13.9 

2015 ................................................................................................................................................................. 244.2 19.5 

2016 ................................................................................................................................................................. 324.6 26.5 

Total Program Benefit .............................................................................................................................. 962.0 77.7 

c. Impacts of VMT Rebound Effect 

As noted above and discussed more 

fully in Section III.H., the effect of fuel 

cost on VMT (‘‘rebound’’) was accounted 

for in our assessment of economic and 

environmental impacts of this rule. A 10 

percent rebound case was used for this 

analysis, meaning that VMT for affected 

model years is modeled as increasing by 

10 percent as much as the increase in 

fuel economy; i.e., a 10 percent increase 

in fuel economy would yield a 1.0 

percent increase in VMT. Results are 

shown in Table III.F.1–3; using the 10 

percent rebound rate results in an 

overall emission increase of 25.0 

MMTCO2eq annually in 2030 (this 

increase is accounted for in the 

reductions presented in Tables III.F.1–1 

and III.F.1–2). Our estimated changes in 

CH4 or N2O emissions as a result of 

these vehicle GHG standards are 

attributed solely to this rebound effect. 

TABLE III.F.1–3—GHG IMPACT OF 10% VMT REBOUND a

[MMTCO2eq per year] 

2020 2030 2040 2050 

Total GHG Increase ......................................................................................... 13.0 25.0 32.9 41.9 

Tailpipe & Indirect A/C CO2 ...................................................................... 10.2 19.6 25.8 32.8 

Upstream GHGs b ................................................................................ 2.8 5.4 7.1 9.1 

Tailpipe CH4 ............................................................................................. 0.0 0.0 0.0 0.0 

Tailpipe N2O ............................................................................................. 0.0 0.1 0.1 0.1 

aThese impacts are included in the reductions shown in Table III.F.1–1 and III.F.1–2. 

b Upstream rebound impact calculated as upstream total CO2 effect times ratio of downstream tailpipe rebound CO2 effect to downstream tailpipe total CO2 effect. 

d. Analysis of Alternatives 

EPA analyzed two alternative 

scenarios, including 4% and 6% annual 

increases in GHG emission standards. In 

addition to this annual increase, EPA 

assumed that manufacturers would use 

air conditioning improvements in 

identical penetrations as in the primary 

scenario. Under these assumptions, EPA 

expects achieved fleetwide average 

emission levels of 253 g/mile CO2eq 

(4%), and 230 g/mile CO2eq (6%) in 

2016. 

As in the primary scenario, EPA 

assumed that the fleet complied with 

the standards. For full details on 

modeling assumptions, please refer to 

RIA Chapter 5. EPA’s assessment of 

these alternative standards, including 

our response to public comments, is 

discussed in Section III.D. 

TABLE III.F.1–4—CALENDAR YEAR IMPACTS OF ALTERNATIVE SCENARIOS

Scenario 

Calendar year 

CY 2020 CY 2030 CY 2040 CY 2050 

Total GHG Reductions (MMT CO2 eq) ........................... Primary ............................... ¥156.4 ¥307.0 ¥401.5 ¥505.8 

4% ...................................... ¥141.9 ¥286.2 ¥375.4 ¥472.9 

6% ...................................... ¥202.6 ¥403.4 ¥529.3 ¥668.7 

Fuel Savings (Billion Gallons Gasoline Equivalent) ....... Primary ............................... ¥12.6 ¥24.7 ¥32.6 ¥41.5 

4% ...................................... ¥11.3 ¥22.9 ¥30.3 ¥38.6 

6% ...................................... ¥16.7 ¥33.2 ¥43.9 ¥55.9 

mstockstill on DSKB9S0YB1PROD with RULES2

Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 25491 

297U.S. EPA (2009) Inventory of U.S. Greenhouse 

Gas Emissions and Sinks: 1990–2007. EPA–430–R– 

09–004, Washington, DC. 298 ‘‘Technical Support Document for 

Endangerment and Cause or Contribute Findings for 

Greenhouse Gases Under Section 202(a) of the 

Clean Air Act.’’ Docket: EPA–HQ–OAR–2009–0472– 

11292. 299See 74 FR 66496 (Dec. 15, 2009). 

300For a complete list of core references from 

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. 

301One teragram (Tg) = 1 million metric tons. 

1 metric ton = 1,000 kilograms = 1.102 short tons 

= 2,205 pounds. 

302Long-lived GHGs are compared and summed 

together on a CO2-equivalent basis by multiplying 

each gas by its global warming potential (GWP), as 

estimated by IPCC. In accordance with United 

Nations Framework Convention on Climate Change 

(UNFCCC) reporting procedures, the U.S. quantifies 

GHG emissions using the 100-year timeframe values 

for GWPs established in the IPCC Second 

Assessment Report. 

303Source categories under Section 202(a) of the 

Clean Air Act are a subset of source categories 

considered 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. 

304More recent emission data are available for the 

United States and other individual countries, but 

2005 is the most recent year for which data for all 

countries and all gases are available. 

TABLE III.F.1–5—MODEL YEAR IMPACTS OF ALTERNATIVE SCENARIOS

Scenario 

Model year lifetime 

MY 2012 MY 2013 MY 2014 MY 2015 MY 2016 Total 

Total GHG Reductions (MMT CO2 eq) ........... Primary ....................... ¥88.8 ¥130.2 ¥174.2 ¥244.2 ¥324.6 ¥962.0 

4% .............................. ¥39.9 ¥96.6 ¥155.4 ¥226.5 ¥303.6 ¥822.0 

6% .............................. ¥61.7 ¥146.5 ¥237.0 ¥332.2 ¥427.6 ¥1,204.9 

Fuel Savings (Billion Gallons Gasoline Equivalent).Primary ....................... ¥7.3 ¥10.5 ¥13.9 ¥19.5 ¥26.5 ¥77.7 

4% .............................. ¥2.9 ¥7.1 ¥12.2 ¥18.0 ¥24.6 ¥64.8 

6% .............................. ¥4.9 ¥12.0 ¥19.4 ¥27.3 ¥35.6 ¥99.1 

2. 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 centuries, 

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. The transportation sector 

represents a significant portion, 28%, of 

U.S. GHG emissions.297

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) 298 for EPA’s 

Endangerment and Cause or Contribute 

Findings Under the Clean Air Act.299

Below is the Executive Summary of the 

TSD which provides technical support 

for the endangerment and cause or 

contribute analyses concerning GHG 

emissions under section 202(a) of the 

Clean Air Act. The TSD reviews 

observed and projected changes in 

climate based on current and projected 

atmospheric GHG concentrations and 

emissions, as well as the related impacts 

and risks from climate change that are 

projected in the absence of GHG 

mitigation actions, including this action 

and other U.S. and global actions. The 

TSD was updated and revised based on 

expert technical review and public 

comment as part of EPA’s rulemaking 

process for the final Endangerment 

Findings. The key findings synthesized 

here and the information throughout the 

TSD are primarily 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 the National Research Council 

(NRC).300

a. Observed Trends in Greenhouse Gas 

Emissions and Concentrations 

The primary long-lived GHGs directly 

emitted by human activities include 

carbon dioxide (CO2), methane (CH4), 

nitrous oxide (N2O), hydrofluorocarbons 

(HFCs), perfluorocarbons (PFCs), and 

sulfur hexafluoride (SF6). 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 301

of CO2 equivalent 302 (TgCO2eq). The 

dominant gas emitted is CO2, mostly 

from fossil fuel combustion. Methane is 

the second largest component of U.S. 

emissions, followed by N2O and the 

fluorinated gases (HFCs, PFCs, and SF6). 

Electricity generation is the largest 

emitting sector (34% of total U.S. GHG 

emissions), followed by transportation 

(28%) and industry (19%). 

Transportation sources under Section 

202(a) 303 of the Clean Air Act 

(passenger cars, light duty trucks, other 

trucks and buses, motorcycles, and 

passenger cooling) emitted 1,649 

TgCO2eq in 2007, representing 23% of 

total U.S. GHG emissions. U.S. 

transportation sources under Section 

202(a) made up 4.3% of total global 

GHG emissions in 2005,304 which, in 

addition to the United States as a whole, 

ranked only behind total GHG emissions 

from China, Russia, and India but ahead 

of Japan, Brazil, Germany, and the rest 

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. The scope of this action 

focuses on GHG emissions under 

Section 202(a) from passenger cars and 

light duty trucks source categories (see 

Section III.F.1). 

The global atmospheric CO2

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 CH4 has 

increased by 149% since pre-industrial 

levels (through 2007); and the N2O 

concentration has increased by 23% 

(through 2007). The observed 

concentration increase in these gases 

can also be attributed primarily to 

anthropogenic emissions. The industrial 

fluorinated gases, HFCs, PFCs, and SF6, 

have relatively 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, longlived GHGs (CO2 and CH4) 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 by 

mstockstill on DSKB9S0YB1PROD with RULES2

25492 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 

305Hegerl, G.C. et al. (2007) Understanding and 

Attributing Climate Change. 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. 

306CCSP (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. 

307Meehl, 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. 

natural processes over timescales of 

decades to centuries. 

b. Observed Effects Associated With 

Global Elevated Concentrations of GHGs 

Current ambient air concentrations of 

CO2 and other GHGs remain well below 

published exposure thresholds for any 

direct adverse health effects, such as 

respiratory or toxic effects. 

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, 

referred to as forcing, is estimated to be 

+1.6 (+0.6 to +2.4) watts per square 

meter (W/m2), 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 

variability than the well-mixed, longlived 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 CO2, 

CH4, and N2O 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. 

Warming of the climate system is 

unequivocal, as is 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. Eight of the 10 

warmest years 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 observed increase in 

global average temperatures since the 

mid-20th century is very likely 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 20th and into the 21st century; 

temperatures are now approximately 1.3 

°F (0.7 °C) warmer than at the start of 

the 20th century, with an increased rate 

of warming over the past 30 years. Both 

the IPCC305 and the CCSP reports 

attributed recent North American 

warming to elevated GHG 

concentrations. In the CCSP (2008) 

report,306 the authors find that for North 

America, ‘‘more than half of this 

warming [for the period 1951–2006] is 

likely the result of human-caused 

greenhouse gas forcing of climate 

change.’’ 

Observations show that changes are 

occurring in the amount, intensity, 

frequency and type of precipitation. 

Over the contiguous United States, total 

annual precipitation increased by 6.1% 

from 1901 to 2008. It is likely that there 

have been increases in the number of 

heavy 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 20th 

century and is currently 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. Nearly 

all of the Atlantic Ocean shows sea level 

rise during the last 50 years with the 

rate of rise reaching a maximum (over 

2 millimeters [mm] per year) in a band 

along the U.S. east coast running eastnortheast. 

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 highly anomalous relative to 

the previous few thousands of years. 

Widespread changes in extreme 

temperatures have been observed in the 

last 50 years across all world regions, 

including the United States. Cold days, 

cold nights, and frost have become less 

frequent, while hot days, hot nights, and 

heat waves have become more frequent. 

Observational evidence from all 

continents and most oceans shows that 

many natural systems 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 CO2 uptake has lowered the 

average ocean pH (increased acidity) 

level by approximately 0.1 since 1750. 

Consequences for marine ecosystems 

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. 

physical and biological systems in 

significant ways. The consistency of 

these observed changes in physical and 

biological systems and the observed 

significant warming likely cannot be 

explained entirely due to natural 

variability or other confounding nonclimate factors. 

c. Projections of Future Climate Change 

With 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 21st century. The radiative forcing 

associated with the non-CO2 GHGs is 

still significant and increasing over 

time. 

Future warming over the course of the 

21st 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,307 through about 2030, the global 

warming rate is affected little by the 

choice of different future emissions 

scenarios. By the end of the 21st 

century, projected average global 

warming (compared to average 

temperature around 1990) varies 

significantly 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 

mstockstill on DSKB9S0YB1PROD with RULES2

Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 25493 

308 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. 

309Ebi, 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. 

310Field, 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 

University Press, Cambridge, United Kingdom and 

New York, NY, USA. 

311Backlund, 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. 

average. The largest warming is 

projected to occur in winter over 

northern parts of Alaska. In western, 

central and eastern regions of North 

America, the projected warming has less 

seasonal variation and is not as large, 

especially near the coast, consistent 

with less warming over the oceans. 

It is very likely that heat waves will 

become more intense, more frequent, 

and longer lasting in a future warm 

climate, whereas cold episodes are 

projected to decrease significantly. 

Increases in the amount of 

precipitation are very likely in higher 

latitudes, while decreases are likely in 

most 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. 

Intensity of precipitation events is 

projected to increase 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 likely that hurricanes will 

become more intense, with stronger 

peak winds and more heavy 

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 by IPCC308

to rise between 7.1 and 23 inches (18 

and 59 centimeter [cm]), relative to 

around 1990, in the absence of 

increased dynamic 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 21st century. 

Sea ice extent is projected to shrink in 

the Arctic under all IPCC emissions 

scenarios. 

d. Projected Risks and Impacts 

Associated With Future Climate Change 

Risk to society, ecosystems, and many 

natural Earth processes increase with 

increases in both the 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 deglaciation of 

Greenland (and possibly West 

Antarctica) could be triggered by a 

sustained temperature increase of 2 to 7 

°F (1 to 4 °C) 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. 

The CCSP 309 reports that climate 

change has the potential to accentuate 

the disparities already evident in the 

American health care system, as many 

of the expected health effects are likely 

to fall disproportionately on the poor, 

the elderly, the disabled, and the 

uninsured. The IPCC310 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, especially 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 mortality in the 

United States due to climate change. 

Increases 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 associated risks in 

respiratory illnesses and premature 

death. In addition to human health 

effects, tropospheric ozone has 

significant adverse effects on crop 

yields, pasture and forest growth, and 

species composition. The directional 

effect of climate change 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 

elderly, 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 311 concludes that, with 

increased CO2 and temperature, the life 

cycle of grain and oilseed crops will 

likely progress more rapidly. But, as 

temperature rises, these crops will 

increasingly begin to experience failure, 

especially if climate variability 

increases and precipitation lessens or 

becomes more variable. Furthermore, 

the marketable yield of many 

horticultural crops (e.g., tomatoes, 

onions, fruits) is very likely 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 areas, but these 

losses will very likely be partially offset 

by warmer temperatures during the 

winter season. 

Cold-water fisheries will likely be 

negatively affected; warm-water 

fisheries will generally 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 20th century, in part due 

to observed climate change. Rising CO2

will very likely increase photosynthesis 

for forests, but the increased 

photosynthesis will likely only increase 

wood production in young forests on 

fertile soils. The combined effects of 

expected increased temperature, CO2, 

nitrogen deposition, ozone, and forest 

mstockstill on DSKB9S0YB1PROD with RULES2

25494 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 

312Northeast includes West Virginia, Maryland, 

Delaware, Pennsylvania, New Jersey, New York, 

Connecticut, Rhode Island, Massachusetts, 

Vermont, New Hampshire, and Maine. 

313Southeast includes Kentucky, Virginia, 

Arkansas, Tennessee, North Carolina, South 

Carolina, southeast Texas, Louisiana, Mississippi, 

Alabama, Georgia, and Florida. 

314Southwest includes California, Nevada, Utah, 

western Colorado, Arizona, New Mexico (except the 

extreme eastern section), and southwest Texas. 

315The Midwest includes Minnesota, Wisconsin, 

Michigan, Iowa, Illinois, Indiana, Ohio, and 

Missouri. 

316The Northwest includes Washington, Idaho, 

western Montana, and Oregon. 

317The 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. 

318Parry, 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. 

23–78. 

disturbance on soil processes and soil 

carbon storage remain unclear. 

Coastal communities and habitats will 

be increasingly stressed by 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 likely 

increase in the future, exacerbating the 

impacts of progressive inundation, 

storm-surge flooding, and shoreline 

erosion. Storm impacts are likely to be 

more severe, especially along the Gulf 

and Atlantic coasts. Salt marshes, other 

coastal habitats, and dependent species 

are threatened by 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. 

Climate change will likely further 

constrain already overallocated 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 generally 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 

increasingly 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 systems, 

lower water levels are likely to 

exacerbate challenges relating to water 

quality, navigation, recreation, 

hydropower generation, water transfers, 

and binational relationships. Decreased 

water supply and lower water levels are 

likely 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 

many 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 by other 

species better adapted to warmer water. 

In the long term, warmer water and 

changing flow may result in 

deterioration of aquatic ecosystems. 

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 

physical and institutional 

infrastructures. It will also likely 

interact with and possibly exacerbate 

ongoing environmental change and 

environmental pressures in settlements, 

particularly in Alaska where indigenous 

communities are facing major 

environmental and cultural impacts. 

The U.S. energy sector, which relies 

heavily on water for hydropower and 

cooling capacity, may be adversely 

impacted by changes to water supply 

and quality in reservoirs and other 

water bodies. Water infrastructure, 

including drinking water and 

wastewater treatment plants, and sewer 

and stormwater management systems, 

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 likely to intensify 

in a warmer future with warmer 

winters, drier soils, and longer growing 

seasons. Although 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 21st century, changes in 

climate will cause species to shift north 

and to higher elevations and 

fundamentally rearrange U.S. 

ecosystems. Differential capacities for 

range shifts and constraints from 

development, habitat fragmentation, 

invasive species, and broken ecological 

connections will alter ecosystem 

structure, function, and services. 

Climate change impacts will vary in 

nature and magnitude across different 

regions of the United States. 

• Sustained high summer 

temperatures, heat waves, and declining 

air quality are projected in the 

Northeast,312 Southeast,313

Southwest,314 and Midwest.315

Projected climate change would 

continue to cause loss of sea ice, glacier 

retreat, permafrost thawing, and coastal 

erosion in Alaska. 

• Reduced snowpack, earlier spring 

snowmelt, and increased likelihood of 

seasonal summer droughts are projected 

in the Northeast, Northwest,316 and 

Alaska. More severe, sustained droughts 

and water scarcity are projected in the 

Southeast, Great Plains,317 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. 

• Ecosystems 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, particularly 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, especially in the 

Southeast. In the Midwest in particular, 

heating oil demand and snow-related 

traffic accidents are expected to 

decrease. 

Climate change impacts in certain 

regions of the world may exacerbate 

problems that raise humanitarian, trade, 

and national security issues for the 

United States. The IPCC318 identifies 

the most vulnerable world regions as the 

Arctic, because of the effects of high 

rates of projected warming on natural 

systems; Africa, especially the subSaharan region, because of current low 

adaptive capacity as well as climate 

change; small islands, due to high 

exposure of population and 

infrastructure to risk of sea level rise 

mstockstill on DSKB9S0YB1PROD with RULES2

Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 25495 

319Using the Model for the Assessment of 

Greenhouse Gas Induced Climate Change (MAGICC, 

http://www.cgd.ucar.edu/cas/wigley/magicc/), EPA 

estimated the effects of this action’s greenhouse gas 

emissions reductions on global mean temperature 

and sea level. Please refer to Chapter 7.4 of the RIA 

for additional information. 

320The National Research Council (NRC) 2001 

study, Climate Change Science: An Analysis of 

Some Key Questions, defines climate sensitivity as 

the sensitivity of the climate system to a forcing is 

commonly expressed in terms of the global mean 

temperature change that would be expected after a 

time sufficiently long enough for both the 

atmosphere and ocean to come to equilibrium with 

the change in climate forcing. 321To capture some of the uncertainty in the 

climate system, the changes in atmospheric CO2, 

projected temperatures and sea level were estimated 

across the most current Intergovernmental Panel on 

Climate Change (IPCC) range of climate 

sensitivities, 1.5 °C to 6.0 °C. 

322 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 ‘‘likely’’ 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/. 

and increased storm surge; and Asian 

mega-deltas, such as the GangesBrahmaputra 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 to national 

security issues. 

3. Changes in Global Climate Indicators 

Associated With the Rule’s GHG 

Emissions Reductions 

EPA examined 319 the reductions in 

CO2 and other GHGs associated with 

this action and analyzed the projected 

effects on global mean surface 

temperature and sea level, two common 

indicators of climate change. The 

analysis projects that this action will 

reduce climate warming and sea level 

rise. Although the projected reductions 

are small in overall magnitude by 

themselves, they are quantifiable and 

would contribute to reducing climate 

change risks. A commenter agreed that 

the modeling results showed small, but 

quantifiable, reductions in the global 

atmospheric CO2 concentration, as well 

as a reduction in projected global mean 

surface temperature and sea level rise, 

from implementation of this action, 

across all climate sensitivities. As such, 

the commenter encourages the agencies 

to move forward with this action while 

continuing to develop additional, more 

stringent vehicle standards beyond 

2016. 

Another commenter indicated that the 

projected changes in climate impacts 

resulting from this action are small and 

therefore not meaningful. EPA disagrees 

with this view as the reductions may be 

small in overall magnitude, but in the 

global climate change context, they are 

quantifiable showing a clear directional 

signal across a range of climate 

sensitivities.320 321 EPA therefore 

determines that the projected reductions 

in atmospheric CO2, global mean 

temperature and sea level rise are 

meaningful in the context of this rule. 

EPA addresses this point further in the 

Response to Comments document. For 

the final rule, EPA provides an 

additional climate change impact 

analysis for projected changes in ocean 

pH in the context of this action. In 

addition, EPA updated the modeling 

analysis based on the revised GHG 

emission reductions provided in Section 

III.F.1; however, the change in modeling 

results was very small in magnitude. 

Based on the reanalysis the results for 

projected atmospheric CO2

concentrations are estimated to be 

reduced by an average of 2.9 ppm 

(previously 3.0 ppm), global mean 

temperature is estimated to be reduced 

by 0.006 to 0.015 °C by 2100 (previously 

0.007 to 0.016 °C) and sea-level rise is 

projected to be reduced by 

approximately 0.06–0.14cm by 2100 

(previously 0.06–0.15cm). 

a. Estimated Projected Reductions in 

Atmospheric CO2 Concentration, Global 

Mean Surface Temperatures Sea Level 

Rise and Ocean pH 

EPA estimated changes in the 

atmospheric CO2 concentration, global 

mean surface temperature and sea level 

to 2100 resulting from the emissions 

reductions in this action using the 

Model for the Assessment of 

Greenhouse Gas Induced Climate 

Change (MAGICC, version 5.3). 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 

Intergovernmental Panel on Climate 

Change (IPCC). 

GHG emissions reductions from 

Section III.F.1 were applied as net 

reductions to a peer reviewed global 

reference case (or baseline) emissions 

scenario to generate an emissions 

scenario specific to this action. For the 

scenario related to this action, all 

emissions reductions were assumed to 

begin in 2012, with zero emissions 

change in 2011 (from the reference case) 

followed by emissions linearly 

increasing to equal the value supplied 

in Section III.F.1 for 2020 and then 

continuing to 2100. Details about the 

reference case scenario and how the 

emissions reductions were applied to 

generate the scenario can be found in 

the RIA Chapter 7. 

Changes in atmospheric CO2

concentration, temperature, and sealevel for both the reference case and the 

emissions scenarios associated with this 

action were computed using MAGICC. 

To compute the reductions in the 

atmospheric CO2 concentrations as well 

as in temperature and sea level resulting 

from this action, the output from the 

scenario associated with this final rule 

was subtracted from an existing Global 

Change Assessment Model (GCAM, 

formerly MiniCAM) reference emission 

scenario. To capture some key 

uncertainties in the climate system with 

the MAGICC model, changes in 

temperature and sea-level rise were 

projected across the most current IPCC 

range for climate sensitivities which 

ranges from 1.5 °C to 6.0 °C 

(representing the 90% confidence 

interval).322 This wide range reflects the 

uncertainty in this measure of how 

much the global mean temperature 

would rise if the concentration of 

carbon dioxide in the atmosphere were 

to double. Details about this modeling 

analysis can be found in the RIA 

Chapter 7.4. 

The results of this modeling, 

summarized in Table III.F.3–1, show 

small, but quantifiable, reductions in 

atmospheric CO2 concentrations, 

projected global mean surface 

temperature and sea level resulting from 

this action, across all climate 

sensitivities. As a result of the emission 

reductions from this action, the 

atmospheric CO2 concentration is 

projected to be reduced by an average of 

2.9 parts per million (ppm), the global 

mean temperature is projected to be 

reduced by approximately 0.006– 

0.015°C by 2100, and global mean sea 

level rise is projected to be reduced by 

approximately 0.06–0.14cm by 2100. 

The reductions are small relative to the 

IPCC’s 2100 ‘‘best estimates’’ for global 

mean temperature increases (1.8–4.0 °C) 

and sea level rise (0.20–0.59m) for all 

global GHG emissions sources for a 

range of emissions scenarios. EPA used 

a peer reviewed model, the MAGICC 

model, to do this analysis. This analysis 

is specific to this rule and therefore does 

not come from previously published 

work. Further discussion of EPA’s 

modeling analysis is found in the final 

RIA. 

mstockstill on DSKB9S0YB1PROD with RULES2

25496 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 

323Fischlin, A. et al. (2007) Ecosystems, their 

Properties, Goods, and Services. 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 and New York, NY, USA. 

324Lewis, E., and D. W. R. Wallace. 1998. 

Program Developed for CO2 System Calculations. 

ORNL/CDIAC–105. Carbon Dioxide Information 

Analysis Center, Oak Ridge National Laboratory, 

U.S. Department of Energy, Oak Ridge, Tennessee. 

325When this rule’s analysis was initiated, the 

RFS2 rule was not yet final. Therefore, it assumes 

the ethanol volumes in Annual Energy Outlook 

2007 (U.S. Energy Information Administration, 

Annual Energy Outlook 2007, Transportation 

Demand Sector Supplemental Table. http:// 

www.eia.doe.gov/oiaf/archive/aeo07/supplement/ 

index.html) 

326EPA 2010, Renewable Fuel Standard Program 

(RFS2) Regulatory Impact Analysis. EPA–420–R– 

10–006. February 2010. Docket EPA–HQ–OAR– 

2009–0472–11332. See also 75 FR 14670, March 26, 

2010. 

TABLE III.F.3–1—EFFECT OF GHG EMISSIONS REDUCTIONS ON PROJECTED CHANGES IN GLOBAL CLIMATE FOR THE

FINAL VEHICLES RULEMAKING

[For climate sensitivities ranging from 1.5–6 °C] 

Measure Units Year Projected change 

Atmospheric CO2 Concentration ............................................................... ppm .................................................. 2100 ¥2.7–3.1 

Global Mean Surface Temperature ........................................................... °C .................................................... 2100 ¥0.006–0.015 

Sea Level Rise .......................................................................................... Cm ................................................... 2100 ¥0.06–0.14 

Ocean pH ................................................................................................... pH units ........................................... 2100 0.0014 

As a substantial portion of CO2

emitted into the atmosphere is not 

removed by natural processes for 

millennia, each unit of CO2 not emitted 

into the atmosphere avoids essentially 

permanent climate change on centennial 

time scales. Though the magnitude of 

the avoided climate change projected 

here is small, these reductions would 

represent a reduction in the adverse 

risks associated with climate change 

(though these risks were not formally 

estimated for this action) across all 

climate sensitivities. 

The IPCC323 has noted that ocean 

acidification due to the direct effects of 

elevated CO2 concentrations will impair 

a wide range of planktonic and other 

marine organisms that use aragonite to 

make their shells or skeletons. EPA used 

the Program CO2SYS,324 version 1.05 to 

estimate projected changes in tropical 

ocean pH based on the atmospheric CO2

concentration reductions resulting from 

this action and other specified input 

conditions (e.g., sea surface temperature 

characteristic of tropical waters). The 

program performs calculations relating 

parameters of the carbon dioxide (CO2) 

system in seawater. EPA used the 

program to calculate ocean pH as a 

function of atmospheric CO2, among 

other specified input conditions. Based 

on the projected atmospheric CO2

concentration reductions (average of 2.9 

ppm by 2100) that would result from 

this rule, the program calculates an 

increase in ocean pH of about 0.0014 pH 

units in 2100. Thus, this analysis 

indicates the projected decrease in 

atmospheric CO2 concentrations from 

today’s rule would result in an increase 

in ocean pH. 

EPA’s analysis of the rule’s effect on 

global climate conditions is intended to 

quantify these potential reductions 

using the best available science. While 

EPA’s modeling results of the effect of 

this rule alone show small differences in 

climate effects (CO2 concentration, 

temperature, sea-level rise, ocean pH), 

when expressed in terms of global 

climate endpoints and global GHG 

emissions, they yield results that are 

repeatable and consistent within the 

modeling frameworks used. 

G. How will the standards impact nonGHG emissions and their associated 

effects? 

In addition to reducing the emissions 

of greenhouse gases, this rule will 

influence the emissions of ‘‘criteria’’ air 

pollutants and air toxics (i.e., hazardous 

air pollutants). The criteria air 

pollutants include carbon monoxide 

(CO), fine particulate matter (PM2.5), 

sulfur dioxide (SOX) and the ozone 

precursors hydrocarbons (VOC) and 

oxides of nitrogen (NOX); the air toxics 

include benzene, 1,3-butadiene, 

formaldehyde, acetaldehyde, and 

acrolein. Our estimates of these nonGHG emission impacts from the GHG 

program are shown by pollutant in 

Table III.G–1 and Table III.G–2 in total, 

and broken down by the two drivers of 

these changes: (a) ‘‘Upstream’’ emission 

reductions due to decreased extraction, 

production and distribution of motor 

gasoline; and (b) ‘‘downstream’’ 

emission increases, reflecting the effects 

of VMT rebound (discussed in Sections 

III.F and III.H) and the effects of our 

assumptions about ethanol-blended fuel 

(E10), as discussed below. Total 

program impacts on criteria and toxics 

emissions are discussed below, followed 

by individual discussions of the 

upstream and downstream impacts. 

Those are followed by discussions of the 

effects on air quality, health, and other 

environmental concerns. 

As in the proposal, for this analysis 

we attribute decreased fuel 

consumption from this program to 

gasoline only, while assuming no effect 

on volumes of ethanol and other 

renewable fuels because they are 

mandated under the Renewable Fuel 

Standard (RFS2). However, because this 

rule does not assume RFS2 volumes of 

ethanol in the baseline, the result is a 

greater projected market share of E10 in 

the control case.325 In fact, the GHG 

standards will not be affecting the 

market share of E10, because EPA’s 

analysis for the RFS2 rule predicts 

100% E10 penetration by 2014.326

The amount of E10 affects 

downstream non-GHG emissions. In the 

proposal, EPA stated these same fuel 

assumptions and qualitatively noted 

that there were likely unquantified 

impacts on non-GHG emissions between 

the two cases. In DRIA Chapter 5, EPA 

indicated its plans to quantify these 

impacts in the air quality modeling and 

in the final rule inventories. Upstream 

emission impacts depend only on fuel 

volumes, so the impacts presented here 

reflect only the reduced gasoline 

consumption. 

The inventories presented in this 

rulemaking include an analysis of these 

fuel effects which was conducted using 

EPA’s Motor Vehicle Emission 

Simulator (MOVES2010). The most 

notable impact, although still relatively 

slight, is a 2.2 percent increase in 2030 

in national acetaldehyde emissions over 

the baseline scenario. It should be noted 

that these emission impacts are not due 

to the new GHG vehicle standards. 

These impacts are instead a 

consequence of the assumed ethanol 

volumes. This program does not 

mandate an increase in E10, nor any 

particular fuel blend. The emission 

impact of this shift was also modeled in 

the RFS2 rule. 

As shown in Table III.G–1, EPA 

estimates that this program would result 

in reductions of NOX, VOC, PM and 

mstockstill on DSKB9S0YB1PROD with RULES2

Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 25497 

327U.S. EPA. National Air Toxics Assessment. 

2002, 1999, and 1996. Available at: http:// 

www.epa.gov/nata/. 

SOX, but would increase CO emissions. 

For NOX, VOC, and PM we estimate net 

reductions because the emissions 

reductions from upstream sources are 

larger than the emission increases due 

to downstream sources. In the case of 

CO, we estimate slight emission 

increases, because there are relatively 

small reductions in upstream emissions, 

and thus the projected downstream 

emission increases are greater than the 

projected emission decreases due to 

reduced fuel production. For SOX, 

downstream emissions are roughly 

proportional to fuel consumption, 

therefore a decrease is seen in both 

upstream and downstream sources. 

For all criteria pollutants the overall 

impact of the program would be 

relatively small compared to total U.S. 

inventories across all sectors. In 2030, 

EPA estimates the program would 

reduce total NOX, PM and SOX

inventories by 0.1 to 0.8 percent and 

reduce the VOC inventory by 1.0 

percent, while increasing the total 

national CO inventory by 0.6 percent. 

As shown in Table III.G–2, EPA 

estimates that the GHG program would 

result in small changes for air toxic 

emissions compared to total U.S. 

inventories across all sectors. In 2030, 

EPA estimates the program would 

reduce total benzene and 1,3 butadiene 

emissions by 0.1 to 0.3 percent. Total 

acrolein and formaldehyde emissions 

would increase by 0.1 percent. 

Acetaldehyde emissions would increase 

by 2.2 percent. 

One commenter requested that EPA 

present emission inventories for 

additional air toxics. EPA is presenting 

inventories for certain air toxic 

emissions which were identified as key 

national and regional-scale cancer and 

noncancer risk drivers in past National 

Air Toxics Assessments (NATA). For 

additional details, please refer to the 

Response to Comments document.327

Other factors which may impact nonGHG emissions, but are not estimated in 

this analysis, include: 

• Vehicle technologies used to reduce 

tailpipe CO2 emissions; because the 

regulatory standards for non-GHG 

emissions are the primary driver for 

these emissions, EPA expects the impact 

of this program to be negligible on nonGHG emission rates per mile. 

• The potential for increased market 

penetration of diesel vehicles; because 

these vehicles would be held to the 

same certification and in-use standards 

for criteria pollutants as their gasoline 

counterparts, EPA expects their impact 

to be negligible on criteria pollutants 

and other non-GHG emissions. EPA 

does not project increased penetration 

of diesels as necessary to meet the GHG 

standards. 

• Early introduction of electric 

vehicles and plug-in hybrid electric 

vehicles, which would reduce criteria 

emissions in cases where those vehicles 

are able to be certified to lower 

certification standards. This would also 

likely reduce gaseous air toxics. 

• Reduced refueling emissions due to 

less frequent refueling events and 

reduced annual refueling volumes 

resulting from the GHG standards. 

• Increased hot soak evaporative 

emissions due to the likely increase in 

number of trips associated with VMT 

rebound modeled in this rule. 

TABLE III.G–1—ANNUAL CRITERIA EMISSION IMPACTS OF PROGRAM

[Short tons] 

Total impacts Upstream impacts Downstream impacts 

2020 2030 2020 2030 2020 2030 

VOC ................................................................................. ¥60,187 ¥115,542 ¥64,506 ¥126,749 4,318 11,207 

% of total inventory ................................................... ¥0.51% ¥1.01% ¥0.55% ¥1.11% 0.04% 0.01% 

CO .................................................................................... 3,992 170,675 ¥6,165 ¥12,113 10,156 182,788 

% of total inventory ................................................... 0.01% 0.56% ¥0.02% ¥0.04% 0.01% 0.6% 

NOX .................................................................................. ¥5,881 ¥21,763 ¥19,291 ¥37,905 13,410 16,143 

% of total inventory ................................................... ¥0.02 ¥0.07% ¥0.06% ¥0.12% 0.04% 0.05% 

PM2.5 ................................................................................ ¥2,398 ¥4,564 ¥2,629 ¥5,165 231.0 602.3 

% of total inventory ................................................... ¥0.03% ¥0.05% ¥0.03% ¥0.06% 0.00% 0.01% 

SOX .................................................................................. ¥13,832 ¥27,443 ¥11,804 ¥23,194 ¥2,027 ¥4,249 

% of total inventory ................................................... ¥0.41% ¥0.82% ¥0.35% ¥0.69% ¥0.06% ¥0.13% 

TABLE III.G–2—ANNUAL AIR TOXIC EMISSION IMPACTS OF PROGRAM

[Short tons] 

Total impacts Upstream impacts Downstream impacts 

2020 2030 2020 2030 2020 2030 

1,3-Butadiene ................................................................... ¥95 ¥21 ¥1.5 ¥3.0 ¥93.6 ¥18.1 

% of total inventory ................................................... ¥0.38% ¥0.10% ¥0.01% ¥0.01% ¥0.37% ¥0.09% 

Acetaldehyde ................................................................... 760 668 ¥6.8 ¥13.4 766.9 681.5 

% of total inventory ................................................... 2.26% 2.18% ¥0.02% ¥0.04% 2.28% 2.22% 

Acrolein ............................................................................ 1 5 ¥0.9 ¥1.8 1.7 6.5 

% of total inventory ................................................... 0.01% 0.07% ¥0.01% ¥0.03% 0.03% 0.10% 

Benzene ........................................................................... ¥890 ¥523 ¥139.6 ¥274.3 ¥750.0 ¥248.3 

% of total inventory ................................................... ¥0.48% ¥0.29% ¥0.08% ¥0.15% ¥0.40% ¥0.14% 

Formaldehyde .................................................................. ¥49 15 ¥51.4 ¥101.0 2.1 116.3 

% of total inventory ................................................... ¥0.06% 0.02% ¥0.06% ¥0.12% 0.00% 0.14% 

mstockstill on DSKB9S0YB1PROD with RULES2

25498 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 

328 Greenhouse Gas, Regulated Emissions, and 

Energy Use in Transportation model (GREET), U.S. 

Department of Energy, Argonne National 

Laboratory, http://www.transportation.anl.gov/ 

modeling_simulation/GREET/. 

329U.S. EPA. 2002 National Emissions Inventory 

(NEI) Data and Documentation, http://www.epa.gov/ 

ttn/chief/net/2002inventory.html. 

330EPA 2010, Renewable Fuel Standard Program 

(RFS2) Regulatory Impact Analysis. EPA–420–R– 

10–006. February 2010. Docket EPA–HQ–OAR– 

2009–0472–11332. See also 75 FR 14670, March 26, 

2010. 

1. Upstream Impacts of Program 

No substantive comments were 

received on the upstream inventory 

modeling used in the proposal. The 

rulemaking inventories were updated 

with the revised estimates of fuel 

savings as detailed in Section III.F. 

Reducing tailpipe CO2 emissions from 

light-duty cars and trucks through 

tailpipe standards and improved A/C 

efficiency will result in reduced fuel 

demand and reductions in the emissions 

associated with all of the processes 

involved in getting petroleum to the 

pump. These upstream emission 

impacts on criteria pollutants are 

summarized in Table III.G–1. The 

upstream reductions grow over time as 

the fleet turns over to cleaner CO2

vehicles, so that by 2030 VOC would 

decrease by 127,000 tons, NOX by 

38,000 tons, and PM2.5 by 5,000 tons. 

Table III.G–2 shows the corresponding 

impacts on upstream air toxic emissions 

in 2030. Formaldehyde decreases by 101 

tons, benzene by 274 tons, acetaldehyde 

by 13 tons, acrolein by 2 tons, and 1,3- 

butadiene by 3 tons. 

To determine 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. 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 of 

this gasoline what fraction is produced 

from domestic crude. For this analysis 

EPA estimated that 50 percent of fuel 

savings is attributable to domestic 

finished gasoline and that 90 percent of 

this gasoline originated from imported 

crude. Emission factors for most 

upstream emission sources are based on 

the GREET1.8 model, developed by 

DOE’s Argonne National Laboratory,328

but in some cases the GREET values 

were modified or updated by EPA to be 

consistent with the National Emission 

Inventory (NEI).329 The primary updates 

for this analysis were to incorporate 

newer information on gasoline 

distribution emissions for VOC from the 

NEI, which were significantly higher 

than GREET estimates; and the 

incorporation of upstream emission 

factors for the air toxics estimated in 

this analysis: benzene, 1,3-butadiene, 

acetaldehyde, acrolein, and 

formaldehyde. The development of 

these emission factors is detailed in RIA 

Chapter 5. 

2. Downstream Impacts of Program 

No substantive comments were 

received on the emission modeling or 

emission inventories presented in this 

section. However, two changes in 

modeling differentiate the analysis 

presented here from that presented in 

the proposal. Economic inputs such as 

fuel prices and vehicle sales were 

updated from AEO 2009 to AEO 2010 

Early Release, and as described above, 

the effects of ethanol volume 

assumptions were explicitly modeled. 

Thus, the primary differences in nonGHG emissions between the proposed 

rule and final rule are attributed more 

to these changes in analytic inputs, and 

less to changes in the GHG standards 

program. 

Downstream emission impacts 

attributable to this program are due to 

the VMT rebound effect and the ethanol 

volume assumptions. As discussed in 

more detail in Section III.H, the effect of 

fuel cost on VMT (‘‘rebound’’) was 

accounted for in our assessment of 

economic and environmental impacts of 

this rule. A 10 percent rebound case was 

used for this analysis, meaning that 

VMT for affected model years is 

modeled as increasing by 10 percent as 

much as the increase in fuel economy; 

i.e., a 10 percent increase in fuel 

economy would yield approximately a 1 

percent increase in VMT. 

As detailed in the introduction to this 

section, fuel composition also has 

effects on vehicle emissions and 

particularly air toxics. The relationship 

between fuel composition and emission 

impacts used in MOVES2010 and 

applied in this analysis match those 

developed for the recent Renewable 

Fuels Standard (RFS2) requirement, and 

are extensively documented in the RFS2 

RIA and supporting documents.330

Downstream emission impacts of the 

rebound effect are summarized in Table 

III.G–1 for criteria pollutants and 

precursors and Table III.G–2 for air 

toxics. The emission impacts from the 

rebound effect and the change in fuel 

supply grow over time as the fleet turns 

over to cleaner CO2 vehicles, so that by 

2030 VOC would increase by 11,000 

tons, NOX by 16,000 tons, and PM2.5 by 

600 tons. Table III.G–2 shows the 

corresponding impacts on air toxic 

emissions. These impacts in 2030 

include 18 fewer tons of 1,3-butadiene, 

668 additional tons of acetaldehyde, 248 

fewer tons of benzene, 116 additional 

tons of formaldehyde, and 6.5 

additional tons of acrolein. 

For this analysis, MOVES2010 was 

used to estimate base VOC, CO, NOX, 

PM and air toxics emissions for both 

control and reference cases. Rebound 

emissions from light duty cars and 

trucks were then calculated using the 

OMEGA model post-processor and 

added to the control case. A more 

complete discussion of the inputs, 

methodology, and results is contained 

in RIA Chapter 5. 

3. Health Effects of Non-GHG Pollutants 

In this section we discuss health 

effects associated with exposure to some 

of the criteria and air toxics impacted by 

the vehicle standards; PM, ozone, NOX

and SOX, CO and air toxics. No 

substantive comments were received on 

the health effects of non-GHG 

pollutants. 

a. Particulate Matter 

i. Background 

Particulate matter is a generic term for 

a broad class of chemically and 

physically diverse substances. It can be 

principally 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 NAAQS use PM2.5 as the 

indicator for fine particles (with PM2.5

referring to particles with a nominal 

mean aerodynamic diameter less than or 

equal to 2.5 μm), and use PM10 as the 

indicator for purposes of regulating the 

coarse fraction of PM10 (referred to as 

thoracic coarse particles or coarsefraction particles; generally including 

particles with a nominal mean 

aerodynamic diameter greater than 2.5 

μm and less than or equal to 10 μm, or 

PM10-2.5). Ultrafine particles are a subset 

of fine particles, generally less than 100 

nanometers (0.1 μm) in aerodynamic 

diameter. 

Fine particles are produced primarily 

by combustion processes and by 

transformations of gaseous emissions 

(e.g., SOX, NOX and VOC) in the 

atmosphere. The chemical and physical 

properties of PM2.5 may vary greatly 

with time, region, meteorology, and 

source category. Thus, PM2.5 may 

include a complex mixture of different 

pollutants including sulfates, nitrates, 

organic compounds, elemental carbon 

mstockstill on DSKB9S0YB1PROD with RULES2

Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 25499 

331U.S. EPA (2009) Integrated Science 

Assessment for Particulate Matter. EPA 600/R–08/ 

139F, Docket EPA–HQ–OAR–2009–0472–11295. 

332U.S. EPA (2009). Integrated Science 

Assessment for Particulate Matter (Final Report). 

U.S. Environmental Protection Agency, 

Washington, DC, EPA/600/R–08/139F, 2009. 

Section 2.3.1.1. 

333U.S. EPA (2009). Integrated Science 

Assessment for Particulate Matter (Final Report). 

U.S. Environmental Protection Agency, 

Washington, DC, EPA/600/R–08/139F, 2009. page 

2–12, Sections 7.3.1.1 and 7.3.2.1. 

334U.S. EPA (2009). Integrated Science 

Assessment for Particulate Matter (Final Report). 

U.S. Environmental Protection Agency, 

Washington, DC, EPA/600/R–08/139F, 2009. 

Section 2.3.2. 

335U.S. EPA (2009). Integrated Science 

Assessment for Particulate Matter (Final Report). 

U.S. Environmental Protection Agency, 

Washington, DC, EPA/600/R–08/139F, 2009. 

Section 2.3.4, Table 2–6. 

336U.S. EPA (2009). Integrated Science 

Assessment for Particulate Matter (Final Report). 

U.S. Environmental Protection Agency, 

Washington, DC, EPA/600/R–08/139F, 2009. 

Section 2.3.5, Table 2–6. 

337U.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–2009–0472–0099 

through –0101. 

338U.S. EPA. (2006). Air Quality Criteria for 

Ozone and Related Photochemical Oxidants (Final). 

EPA/600/R–05/004aF–cF. Washington, DC: U.S. 

EPA. 

339U.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–2009–0472–0105 through –0106. 

340National Research Council (NRC), 2008. 

Estimating Mortality Risk Reduction and Economic 

Benefits from Controlling Ozone Air Pollution. The 

National Academies Press: Washington, DC Docket 

EPA–HQ–OAR–2009–0472–0322. 

and metal compounds. These particles 

can remain in the atmosphere for days 

to weeks and travel hundreds to 

thousands of kilometers. 

ii. 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 Assessment for Particulate 

Matter (ISA).331 Further discussion of 

health effects associated with PM can 

also be found in the RIA for this rule. 

The ISA summarizes evidence 

associated with PM2.5, PM10-2.5, and 

ultrafine particles (UFPs). 

The ISA concludes that health effects 

associated with short-term exposures 

(hours to days) to ambient PM2.5 include 

non-fatal cardiovascular effects, 

mortality, and respiratory effects, such 

as exacerbation of asthma symptoms in 

children and hospital admissions and 

emergency department visits for chronic 

obstructive pulmonary disease (COPD) 

and respiratory infections.332 The ISA 

notes that long-term exposure to PM2.5

(months to years) is associated with the 

development/progression of 

cardiovascular disease, premature 

mortality, and respiratory effects, 

including reduced lung function 

growth, increased respiratory 

symptoms, and asthma development.333

The ISA concludes that that the 

currently available scientific evidence 

from epidemiologic, controlled human 

exposure studies, and toxicological 

studies supports that a causal 

association exists between short- and 

long-term exposures to PM2.5 and 

cardiovascular effects and mortality. 

Furthermore, the ISA concludes that the 

collective evidence supports likely 

causal associations between short- and 

long-term PM2.5 exposures and 

respiratory effects. The ISA also 

concludes that the evidence is 

suggestive of a causal association for 

reproductive and developmental effects 

and cancer, mutagenicity, and 

genotoxicity and long-term exposure to 

PM2.5.334

For PM10-2.5, the ISA concludes that 

the current evidence is suggestive of a 

causal relationship between short-term 

exposures and cardiovascular effects, 

such as hospitalization for ischemic 

heart disease. There is also suggestive 

evidence of a causal relationship 

between short-term PM10-2.5 exposure 

and mortality and respiratory effects. 

Data are inadequate to draw conclusions 

regarding the health effects associated 

with long-term exposure to PM10-2.5.335

For UFPs, the ISA concludes that 

there is suggestive evidence of a causal 

relationship between short-term 

exposures and cardiovascular effects, 

such as changes in heart rhythm and 

blood vessel function. It also concludes 

that there is suggestive evidence of 

association between short-term 

exposure to UFPs and respiratory 

effects. Data are inadequate to draw 

conclusions regarding the health effects 

associated with long-term exposure to 

UFP’s.336

b. Ozone 

i. Background 

Ground-level ozone pollution is 

typically formed by the reaction of VOC 

and NOX in the lower atmosphere in the 

presence of heat and sunlight. These 

pollutants, often referred to as ozone 

precursors, are emitted by many types 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 accumulation is 

complex.337 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 days and the air is relatively 

stagnant, ozone and its precursors can 

build up and result in more ozone than 

typically occurs on a single hightemperature day. Ozone can be 

transported hundreds of miles 

downwind from precursor emissions, 

resulting in elevated ozone levels even 

in areas with low local VOC or NOX

emissions. 

ii. 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 (ozone AQCD) and 

2007 Staff Paper.338 339 Ozone can 

irritate the respiratory system, causing 

coughing, throat irritation, and/or 

uncomfortable sensation in the chest. 

Ozone can reduce lung function and 

make it more difficult to breathe deeply; 

breathing may also become more rapid 

and shallow than normal, thereby 

limiting a person’s activity. Ozone can 

also aggravate asthma, leading to more 

asthma attacks that require medical 

attention and/or the use of additional 

medication. In addition, there is 

suggestive evidence of a contribution of 

ozone to cardiovascular-related 

morbidity and highly suggestive 

evidence that short-term ozone exposure 

directly or indirectly contributes to nonaccidental and cardiopulmonary-related 

mortality, but additional research is 

needed to clarify the underlying 

mechanisms causing these effects. In a 

recent report on the estimation of ozonerelated premature mortality published 

by the National Research Council (NRC), 

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 

mortality should be included in 

estimates of the health benefits of 

reducing ozone exposure.340 Animal 

toxicological evidence indicates that 

with repeated exposure, ozone can 

inflame and damage the lining of the 

lungs, which may lead to permanent 

changes in lung tissue and irreversible 

reductions in lung function. People who 

are more susceptible to effects 

associated with exposure to ozone can 

include children, the elderly, and 

individuals with respiratory disease 

such as asthma. Those with greater 

exposures to ozone, for instance due to 

mstockstill on DSKB9S0YB1PROD with RULES2

25500 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 

341U.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–2009–0472– 

0350. 

342U.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–2009–0472–0335. 

343U.S. EPA, 2010. Integrated Science 

Assessment for Carbon Monoxide (Final Report). 

U.S. Environmental Protection Agency, 

Washington, DC, EPA/600/R–09/019F, 2010. 

http://cfpub.epa.gov/ncea/cfm/ 

recordisplay.cfm?deid=218686. 

344The ISA evaluates the health evidence 

associated with different health effects, assigning 

one of five ‘‘weight of evidence’’ determination: 

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. 

345Personal exposure includes contributions from 

many sources, and in many different environments. 

Total personal exposure to CO includes both 

ambient and nonambient components; and both 

components may contribute to adverse health 

effects. 

time spent outdoors (e.g., children and 

outdoor workers), are of particular 

concern. 

The 2006 ozone AQCD also examined 

relevant new scientific information that 

has emerged in the past decade, 

including the impact of ozone exposure 

on such health effects as changes in 

lung structure and biochemistry, 

inflammation of the lungs, exacerbation 

and causation of asthma, respiratory 

illness-related school absence, hospital 

admissions and premature mortality. 

Animal toxicological studies have 

suggested potential interactions between 

ozone and PM with increased responses 

observed to mixtures of the two 

pollutants compared to either ozone or 

PM alone. The respiratory morbidity 

observed in animal studies along with 

the evidence from epidemiologic studies 

supports 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 

morbidity and non-accidental and 

cardiopulmonary mortality. 

c. NOX and SOX

i. Background 

Nitrogen dioxide (NO2) is a member of 

the NOX family of gases. Most NO2 is 

formed in the air through the oxidation 

of nitric oxide (NO) emitted when fuel 

is burned at a high temperature. SO2, a 

member of the sulfur oxide (SOX) 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. 

SO2 and NO2 can dissolve in water 

vapor 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 III.G.3.a of this preamble. NOX

along with non-methane hydrocarbon 

(NMHC) are the two major precursors of 

ozone. The health effects of ozone are 

covered in Section III.G.3.b. 

ii. Health Effects of NO2

Information on the health effects of 

NO2 can be found in the EPA Integrated 

Science Assessment (ISA) for Nitrogen 

Oxides.341 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 NO2 exposure. The ISA 

concludes that the strongest evidence 

for such a relationship comes from 

epidemiologic studies of respiratory 

effects including symptoms, emergency 

department visits, and hospital 

admissions. The ISA also draws two 

broad conclusions regarding airway 

responsiveness following NO2 exposure. 

First, the ISA concludes that NO2

exposure may enhance the sensitivity to 

allergen-induced decrements in lung 

function and increase the allergeninduced airway inflammatory response 

following 30-minute exposures of 

asthmatics to NO2 concentrations as low 

as 0.26 ppm. In addition, small but 

significant increases in non-specific 

airway hyperresponsiveness were 

reported following 1-hour exposures of 

asthmatics to 0.1 ppm NO2. Second, 

exposure to NO2 has been found to 

enhance the inherent responsiveness of 

the airway to subsequent nonspecific 

challenges in controlled human 

exposure studies of asthmatic subjects. 

Enhanced airway responsiveness could 

have important clinical implications for 

asthmatics since transient increases in 

airway responsiveness following NO2

exposure have the potential to increase 

symptoms and worsen asthma control. 

Together, the epidemiologic and 

experimental data sets form a plausible, 

consistent, and coherent description of 

a relationship between NO2 exposures 

and an array of adverse health effects 

that range from the onset of respiratory 

symptoms to hospital admission. 

Although the weight of evidence 

supporting a causal relationship is 

somewhat less certain than that 

associated with respiratory morbidity, 

NO2 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. 

iii. Health Effects of SO2

Information on the health effects of 

SO2 can be found in the EPA Integrated 

Science Assessment for Sulfur 

Oxides.342 SO2 has long been known to 

cause adverse respiratory health effects, 

particularly among individuals with 

asthma. Other potentially sensitive 

groups include children and the elderly. 

During periods of elevated ventilation, 

asthmatics may experience symptomatic 

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 SO2. Separately, based on an 

evaluation of the epidemiologic 

evidence of associations between shortterm exposure to SO2 and mortality, the 

EPA has concluded that the overall 

evidence is suggestive of a causal 

relationship between short-term 

exposure to SO2 and mortality. 

d. Carbon Monoxide 

Information on the health effects of 

carbon monoxide (CO) can be found in 

the EPA Integrated Science Assessment 

(ISA) for Carbon Monoxide.343 The ISA 

concludes that ambient concentrations 

of CO are associated with a number of 

adverse health effects.344 This section 

provides a summary of the health effects 

associated with exposure to ambient 

concentrations of CO.345

Human clinical studies of subjects 

with coronary artery disease show a 

decrease in the time to onset of exerciseinduced angina (chest pain) and 

electrocardiogram changes following CO 

exposure. In addition, epidemiologic 

studies show associations between 

short-term CO exposure and 

cardiovascular morbidity, particularly 

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 between short-term exposures 

to CO and cardiovascular morbidity. It 

also concludes that available data are 

inadequate to conclude that a causal 

mstockstill on DSKB9S0YB1PROD with RULES2

Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 25501 

346U.S. EPA. 2002 National-Scale Air Toxics 

Assessment. http://www.epa.gov/ttn/atw/ 

nata12002/risksum.html. Docket EPA–HQ–OAR– 

2009–0472–11322. 

347U.S. EPA. 2009. National-Scale Air Toxics 

Assessment for 2002. http://www.epa.gov/ttn/atw/ 

nata2002/. Docket EPA–HQ–OAR–2009–0472– 

11321. 

348U.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–2009–0472–1659. 

349 International Agency for Research on Cancer 

(IARC). 1982. Monographs on the evaluation of 

carcinogenic risk of chemicals to humans, Volume 

29. Some industrial chemicals and dyestuffs, World 

Health Organization, Lyon, France, p. 345–389. 

Docket EPA–HQ–OAR–2009–0472–0366. 

350 Irons, R.D.; Stillman, W.S.; Colagiovanni, D.B.; 

Henry, V.A. 1992. Synergistic action of the benzene 

metabolite hydroquinone on myelopoietic 

stimulating activity of granulocyte/macrophage 

colony-stimulating factor in vitro, Proc. Natl. Acad. 

Sci. 89:3691–3695. Docket EPA–HQ–OAR–2009– 

0472–0370. 

351 International Agency for Research on Cancer 

(IARC). 1982. Monographs on the evaluation of 

carcinogenic risk of chemicals to humans, Volume 

29. Some industrial chemicals and dyestuffs, World 

Health Organization, Lyon, France. Docket EPA– 

HQ–OAR–2009–0472–0366. 

352U.S. Department of Health and Human 

Services National Toxicology Program 11th Report 

on Carcinogens available at: http:// 

ntp.niehs.nih.gov/go/16183. 

353Aksoy, M. (1989). Hematotoxicity and 

carcinogenicity of benzene. Environ. Health 

Perspect. 82: 193–197. Docket EPA–HQ–OAR– 

2009–0472–0368. 

354 Goldstein, B.D. (1988). Benzene toxicity. 

Occupational medicine. State of the Art Reviews. 3: 

541–554. Docket EPA–HQ–OAR–2009–0472–0325. 

355Rothman, 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 benzene. Am. J. Ind. Med. 29: 236–246. 

Docket EPA–HQ–OAR–2009–0472–0326. 

356U.S. EPA (2002) Toxicological Review of 

Benzene (Noncancer Effects). Environmental 

Protection Agency, Integrated Risk Information 

System (IRIS), Research and Development, National 

Center for Environmental Assessment, Washington 

DC. This material is available electronically at 

http://www.epa.gov/iris/subst/0276.htm. Docket 

EPA–HQ–OAR–2009–0472–0327. 

357Qu, 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–2009–0472–0328. 

358Qu, 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–2009–0472–0329. 

359Lan, Qing, Zhang, L., Li, G., Vermeulen, R., et 

al. (2004) Hematotoxically in Workers Exposed to 

Continued 

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 ISA concludes the 

evidence is suggestive of a causal 

relationship with both short- and longterm exposure to CO and central 

nervous system effects. 

A number of epidemiologic and 

animal toxicological studies cited in the 

ISA have evaluated associations 

between preterm birth and cardiac birth 

defects and CO exposure. The 

epidemiologic studies provide limited 

evidence 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 

morbidity such as changes in 

pulmonary function, respiratory 

symptoms, and hospital admissions 

associated with ambient CO 

concentrations. A limited number of 

epidemiologic studies considered 

copollutants such as ozone, SO2, and 

PM in two-pollutant models and found 

that CO risk estimates 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 effect 

of CO on respiratory morbidity. Animal 

studies at levels of 50–100 ppm CO 

show preliminary evidence of altered 

pulmonary vascular remodeling and 

oxidative injury. The ISA concludes that 

the evidence is suggestive of a causal 

relationship between short-term CO 

exposure and respiratory morbidity, and 

inadequate to conclude that a causal 

relationship exists between long-term 

exposure and respiratory morbidity. 

Finally, the ISA concludes that the 

epidemiologic evidence is suggestive of 

a causal relationship 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 with 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 is acting 

alone or as an indicator for other 

combustion-related pollutants. The ISA 

also concludes that there is not likely to 

be a causal relationship between 

relevant long-term exposures to CO and 

mortality. 

e. Air Toxics 

Motor vehicle emissions contribute to 

ambient levels of air toxics known or 

suspected as human or animal 

carcinogens, or that 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’’.346

These compounds include, but are not 

limited to, benzene, 1,3-butadiene, 

formaldehyde, acetaldehyde, acrolein, 

polycyclic organic matter (POM), and 

naphthalene. These compounds, except 

acetaldehyde, were identified as 

national or regional risk drivers in the 

2002 National-scale Air Toxics 

Assessment (NATA) and have 

significant inventory contributions from 

mobile sources.347 Emissions and 

ambient concentrations of compounds 

are discussed in the RIA chapters on 

emission inventories and air quality 

(Chapters 5 and 7, respectively). 

i. Benzene 

The EPA’s IRIS database lists benzene 

as a known human carcinogen (causing 

leukemia) by 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.348 349 350 EPA 

states in its IRIS database that data 

indicate a causal relationship between 

benzene exposure and acute 

lymphocytic leukemia and suggest a 

relationship between benzene exposure 

and chronic non-lymphocytic leukemia 

and chronic lymphocytic leukemia. The 

International Agency for Research on 

Carcinogens (IARC) has determined that 

benzene is a human carcinogen and the 

U.S. Department of Health and Human 

Services (DHHS) has characterized 

benzene as a known human 

carcinogen.351 352

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.353 354

The most sensitive noncancer effect 

observed in humans, based on current 

data, is the depression of the absolute 

lymphocyte count in blood.355 356 In 

addition, recent work, including studies 

sponsored by the Health Effects Institute 

(HEI), provides evidence that 

biochemical responses are occurring at 

lower levels of benzene exposure than 

previously known.357 358 359 360 EPA’s 

mstockstill on DSKB9S0YB1PROD with RULES2

25502 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 

Low Levels of Benzene. Science 306: 1774–1776. 

Docket EPA–HQ–OAR–2009–0472–0330. 

360Turtletaub, K.W. and Mani, C. (2003) Benzene 

metabolism in rodents at doses relevant to human 

exposure from Urban Air. Research Reports Health 

Effect Inst. Report No.113. Docket EPA–HQ–OAR– 

2009–0472–0385. 

361U.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–2009–0472– 

0386. 

362U.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 for Environmental Assessment, Washington, 

DC. http://www.epa.gov/iris/subst/0139.htm. 

Docket EPA–HQ–OAR–2009–0472–1660 

363 International Agency for Research on Cancer 

(IARC) (1999) Monographs on the evaluation of 

carcinogenic risk of chemicals to humans, Volume 

71, Re-evaluation of some organic chemicals, 

hydrazine and hydrogen peroxide and Volume 97 

(in preparation), World Health Organization, Lyon, 

France. Docket EPA–HQ–OAR–2009–0472–0387. 

364U.S. Department of Health and Human 

Services (2005) National Toxicology Program 11th 

Report on Carcinogens available at: 

ntp.niehs.nih.gov/index.cfm?objectid=32BA9724- 

F1F6-975E-7FCE50709CB4C932. 

365Bevan, 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–2009– 

0472–0388. 

366U.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–2009–0472–0389. 

367Hauptmann, 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 EPA–HQ– 

OAR–2009–0472–0336. 

368Hauptmann, 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–2009–0472–0337. 

369Beane 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 Cancer Inst. 101: 751– 

761. Docket EPA–HQ–OAR–2009–0472–0338. 

370Pinkerton, 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–2009–0472–0339. 

371Coggon, 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–2009–0472–0340. 

372 International Agency for Research on Cancer 

(IARC). 2006. Formaldehyde, 2-Butoxyethanol and 

1-tert-Butoxypropan-2-ol. Volume 88. (in 

preparation), World Health Organization, Lyon, 

France. Docket EPA–HQ–OAR–2009–0472–1164. 

373Agency for Toxic Substances and Disease 

Registry (ATSDR). 1999. Toxicological profile for 

Formaldehyde. Atlanta, GA: U.S. Department of 

Health and Human Services, Public Health Service. 

http://www.atsdr.cdc.gov/toxprofiles/tp111.html 

Docket EPA–HQ–OAR–2009–0472–1191. 

374WHO (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–2009–0472–1199. 

375U.S. EPA. 1991. Integrated Risk Information 

System File of Acetaldehyde. Research and 

Development, National Center for Environmental 

Assessment, Washington, DC. This material is 

available electronically at http://www.epa.gov/iris/ 

subst/0290.htm. Docket EPA–HQ–OAR–2009– 

0472–0390. 

376U.S. Department of Health and Human 

Services National Toxicology Program 11th Report 

on Carcinogens available at: ntp.niehs.nih.gov/ 

index.cfm?objectid=32BA9724-F1F6-975E7FCE50709CB4C932. 

377 International Agency for Research on Cancer 

(IARC). 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–2009–0472–0387. 

378U.S. EPA. 1991. Integrated Risk Information 

System File of Acetaldehyde. This material is 

available electronically at http://www.epa.gov/iris/ 

subst/0290.htm. 

IRIS program has not yet evaluated 

these new data. 

ii. 1,3-Butadiene 

EPA has characterized 1,3-butadiene 

as carcinogenic to humans by 

inhalation.361 362 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.363 364 There 

are numerous studies consistently 

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 the 

carcinogenic effects are mediated by 

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-butadiene 

also causes a variety of reproductive and 

developmental effects in mice; no 

human data on these effects are 

available. The most sensitive effect was 

ovarian atrophy observed in a lifetime 

bioassay of female mice.365

iii. Formaldehyde 

Since 1987, EPA has classified 

formaldehyde as a probable human 

carcinogen based on evidence in 

humans and in rats, mice, hamsters, and 

monkeys.366 EPA is currently reviewing 

recently published epidemiological 

data. For instance, research conducted 

by the National Cancer Institute (NCI) 

found an increased risk of 

nasopharyngeal cancer and 

lymphohematopoietic malignancies 

such as leukemia among workers 

exposed to formaldehyde.367 368 In an 

analysis of the lymphohematopoietic 

cancer mortality from an extended 

follow-up of these workers, NCI 

confirmed an association between 

lymphohematopoietic cancer risk and 

peak exposures.369 A recent National 

Institute of Occupational Safety and 

Health (NIOSH) study of garment 

workers also found increased risk of 

death due to leukemia among workers 

exposed to formaldehyde.370 Extended 

follow-up of a cohort of British chemical 

workers did not find evidence of an 

increase in nasopharyngeal or 

lymphohematopoietic cancers, but a 

continuing statistically significant 

excess in lung cancers was reported.371

Recently, the IARC re-classified 

formaldehyde as a human carcinogen 

(Group 1).372

Formaldehyde 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 formaldehyde may also cause 

airway inflammation—including 

eosinophil infiltration into the airways. 

There are several studies that suggest 

that formaldehyde may increase the risk 

of asthma—particularly in the 

young.373 374

iv. Acetaldehyde 

Acetaldehyde is classified in EPA’s 

IRIS database as a probable human 

carcinogen, based on nasal tumors in 

rats, and is considered toxic by the 

inhalation, oral, and intravenous 

routes.375 Acetaldehyde is reasonably 

anticipated to be a human carcinogen by 

the U.S. DHHS in the 11th Report on 

Carcinogens and is classified as possibly 

carcinogenic to humans (Group 2B) by 

the IARC.376 377 EPA is currently 

conducting a reassessment of cancer risk 

from inhalation exposure to 

acetaldehyde. 

The primary noncancer effects of 

exposure to acetaldehyde vapors 

include irritation of the eyes, skin, and 

respiratory tract.378 In short-term (4 

week) rat studies, degeneration of 

olfactory epithelium was observed at 

various concentration levels of 

mstockstill on DSKB9S0YB1PROD with RULES2

Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 25503 

379Appleman, 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. 

380Appleman, L.M., R.A. Woutersen, and V.J. 

Feron. 1982. Inhalation toxicity of acetaldehyde in 

rats. I. Acute and subacute studies. Toxicology. 23: 

293–297. Docket EPA–HQ–OAR–2009–0472–0392. 

381Myou, 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–2009–0472–0408. 

382Sim VM, Pattle RE. Effect of possible smog 

irritants on human subjects JAMA165: 1980–2010, 

1957. Docket EPA–HQ–OAR–2009–0472–0395. 

383U.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 Assessment, Washington, DC. EPA/ 

635/R–03/003. Available online at: http:// 

www.epa.gov/ncea/iris. 

384Weber-Tschopp, A; Fischer, T; Gierer, R; et al. 

(1977) Experimentelle reizwirkungen von Acrolein 

auf den Menschen. Int Arch Occup Environ Hlth 

40(2):117–130. In German Docket EPA–HQ–OAR– 

2009–0472–0394. 

385 Integrated Risk Information System File of 

Acrolein. Office of 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–2009–0472–0391. 

386U.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 Assessment, Washington, DC. EPA/ 

635/R–03/003. Available online at: http:// 

www.epa.gov/ncea/iris. 

387Morris 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–2009– 

0472–0396. 

388U.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. 

389 International Agency for Research on Cancer 

(IARC). 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 

Organization, Lyon, France. Docket EPA–HQ–OAR– 

2009–0472–0393. 

390Perera, 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. 

Docket EPA–HQ–OAR–2009–0472–0372. 

391Perera, 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: 1287–1292. Docket EPA–HQ– 

OAR–2009–0472–0373. 

392U.S. EPA 2004. Toxicological Review of 

Naphthalene (Reassessment of the Inhalation 

Cancer Risk), 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.gov/iris/ 

subst/0436.htm. Docket EPA–HQ–OAR–2009– 

0472–0272. 

393Oak 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–2009–0472–0273. 

394National 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. 

acetaldehyde exposure.379 380 Data from 

these studies were used by EPA to 

develop 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 

acetaldehyde inhalation.381 The agency 

is currently conducting a reassessment 

of the health hazards from inhalation 

exposure to acetaldehyde. 

v. Acrolein 

Acrolein is extremely acrid and 

irritating to humans when inhaled, with 

acute exposure resulting in upper 

respiratory tract irritation, mucus 

hypersecretion and congestion. The 

intense irritancy of this carbonyl has 

been demonstrated during controlled 

tests in human subjects, who suffer 

intolerable eye and nasal mucosal 

sensory reactions within minutes of 

exposure.382 These data and additional 

studies regarding acute effects of human 

exposure to acrolein are summarized in 

EPA’s 2003 IRIS Human Health 

Assessment for acrolein.383 Evidence 

available from studies in humans 

indicate that levels as low as 0.09 ppm 

(0.21 mg/m3) for five minutes may elicit 

subjective complaints of eye irritation 

with increasing concentrations leading 

to more extensive eye, nose and 

respiratory symptoms.384 Lesions to the 

lungs and upper respiratory tract of rats, 

rabbits, and hamsters have been 

observed after subchronic exposure to 

acrolein.385 Acute exposure effects in 

animal studies report bronchial hyperresponsiveness.386 In a recent study, the 

acute respiratory irritant effects of 

exposure to 1.1 ppm acrolein were more 

pronounced in mice with allergic 

airway disease by comparison to nondiseased mice which also showed 

decreases in respiratory rate.387 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., emphysema, 

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 

inadequate. No information was 

available on the carcinogenic effects of 

acrolein in humans and the animal data 

provided inadequate evidence of 

carcinogenicity.388 The IARC 

determined in 1995 that acrolein was 

not classifiable as to its carcinogenicity 

in humans.389

vi. Polycyclic Organic Matter (POM) 

POM is generally defined as a large 

class of organic compounds which have 

multiple benzene rings and a boiling 

point greater than 100 degrees Celsius. 

Many of the compounds included in the 

class of compounds known as POM are 

classified by EPA as probable human 

carcinogens based on animal data. One 

of these compounds, naphthalene, is 

discussed separately below. Polycyclic 

aromatic hydrocarbons (PAHs) are a 

subset of POM that contain only 

hydrogen and carbon atoms. A number 

of PAHs are known or suspected 

carcinogens. Recent studies have found 

that maternal exposures to PAHs (a 

subclass of POM) in a population of 

pregnant women were associated with 

several adverse birth outcomes, 

including low birth weight and reduced 

length at birth, as well as impaired 

cognitive development at age 

three.390 391 EPA has not yet evaluated 

these recent studies. 

vii. 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 

with 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.392 The draft reassessment 

completed external peer review.393

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 ‘‘reasonably anticipated to be a 

human carcinogen’’ in 2004 on the basis 

of bioassays reporting clear evidence of 

carcinogenicity in rats and some 

evidence of carcinogenicity in mice.394

California EPA has released a new risk 

assessment for naphthalene, and the 

mstockstill on DSKB9S0YB1PROD with RULES2

25504 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 

395 International Agency for Research on Cancer 

(IARC). (2002). Monographs on the Evaluation of 

the Carcinogenic Risk of Chemicals for Humans. 

Vol. 82. Lyon, France. Docket EPA–HQ–OAR– 

2009–0472–0274. 

396U.S. EPA. 1998. Toxicological Review 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.gov/iris/ 

subst/0436.htm. 

397U.S. EPA Integrated Risk Information System 

(IRIS) database is available at: http://www.epa.gov/ 

iris. 

398Zhou, Y.; Levy, J.I. (2007) Factors influencing 

the spatial extent of mobile source air pollution 

impacts: a meta-analysis. BMC Public Health 7: 89. 

doi:10.1186/1471–2458–7–89. 

399HEI 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 http:// 

www.healtheffects.org]. 

400Salam, 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. 

401Holguin, F. (2008) Traffic, outdoor air 

pollution, and asthma. Immunol Allergy Clinics 

North Am 28: 577–588. 

402Adar, S.D.; Kaufman, J.D. (2007) 

Cardiovascular disease and air pollutants: 

evaluating and improving epidemiological data 

implicating traffic exposure. Inhal Toxicol 19: 135– 

149. 

403Raaschou-Nielsen, O.; Reynolds, P. (2006) Air 

pollution and childhood cancer: A review of the 

epidemiological literature. Int J Cancer 118: 2920– 

2929. 

404U.S. Census Bureau (2008) American Housing 

Survey for the United States in 2007. Series H–150 

(National Data), Table 1A–6. [Accessed at http:// 

www.census.gov/hhes/www/housing/ahs/ahs07/ 

ahs07.html on January 22, 2009] 

405Lena, T.S.; Ochieng, V.; Carter, M.; Holguı ́nVeras, J.; Kinney, P.L. (2002) Elemental carbon and 

PM2.5 levels in an urban community heavily 

impacted by truck traffic. Environ Health Perspect 

110: 1009–1015. 

406Wier, M.; Sciammas, C.; Seto, E.; Bhatia, R.; 

Rivard, T. (2009) Health, traffic, and environmental 

IARC has reevaluated naphthalene and 

re-classified it as Group 2B: possibly 

carcinogenic to humans.395 Naphthalene 

also causes a number of chronic noncancer effects in animals, including 

abnormal cell changes and growth in 

respiratory and nasal tissues.396

viii. Other Air Toxics 

In addition to the compounds 

described above, other compounds in 

gaseous hydrocarbon and PM emissions 

from vehicles will be affected by this 

final rule. Mobile source air toxic 

compounds that would potentially be 

impacted include ethylbenzene, 

propionaldehyde, toluene, and xylene. 

Information regarding the health effects 

of these compounds can be found in 

EPA’s IRIS database.397

f. Exposure and Health Effects 

Associated With Traffic 

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 have 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 any 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 many trafficgenerated air pollutants are elevated for 

up to 300–500 meters downwind of 

roads with high traffic volumes.398

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. 

Populations 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.399 It concluded that evidence 

is ‘‘sufficient to infer the presence of a 

causal association’’ between traffic 

exposure and exacerbation of childhood 

asthma symptoms. The HEI report also 

concludes that the evidence is either 

‘‘sufficient’’ or ‘‘suggestive but not 

sufficient’’ for a causal association 

between traffic exposure and new 

childhood asthma cases. A review of 

asthma studies by Salam et al. (2008) 

reaches similar conclusions.400 The HEI 

report also concludes that there is 

‘‘suggestive’’ evidence for pulmonary 

function deficits associated with traffic 

exposure, but concluded that there is 

‘‘inadequate and insufficient’’ evidence 

for causal associations with respiratory 

health care utilization, adult-onset 

asthma, COPD symptoms, and allergy. A 

review by Holguin (2008) notes that the 

effects of traffic on asthma may be 

modified by nutrition status, medication 

use, and genetic factors.401

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 rhythm, heart attack, 

and cardiovascular disease. The HEI 

report characterizes this evidence as 

‘‘suggestive’’ of a causal association, and 

an independent epidemiological 

literature review by Adar and Kaufman 

(2007) concludes that there is 

‘‘consistent evidence’’ linking trafficrelated pollution and adverse 

cardiovascular health outcomes.402

Some studies have reported 

associations between traffic exposure 

and other health effects, such as birth 

outcomes (e.g., low birth weight) and 

childhood cancer. The HEI report 

concludes that there is currently 

‘‘inadequate and insufficient’’ evidence 

for a causal association between these 

effects and traffic exposure. A review by 

Raaschou-Nielsen and Reynolds (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.403

There is a large population in the U.S. 

living in close proximity of major roads. 

According to the Census Bureau’s 

American Housing Survey for 2007, 

approximately 20 million residences in 

the U.S., 15.6% of all homes, are located 

within 300 feet (91 m) of a highway 

with 4+ lanes, a railroad, or an 

airport.404 Therefore, at current 

population of approximately 309 

million, assuming that population and 

housing similarly distributed, there are 

over 48 million people in the U.S. living 

near such sources. The HEI report also 

notes that in two North American cities, 

Los 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 city’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 likely 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 

individual urban areas report higher 

levels of traffic-related air pollutants in 

areas with high minority or poor 

populations.405 406 407

mstockstill on DSKB9S0YB1PROD with RULES2

Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 25505 

justice: collaborative research and community 

action in San Francisco, California. Am J Public 

Health 99: S499–S504. 

407Forkenbrock, D.J. and L.A. Schweitzer, 

Environmental Justice and Transportation 

Investment Policy. Iowa City: University of Iowa, 

1997. 

408Appatova, A.S.; Ryan, P.H.; LeMasters, G.K.; 

Grinshpun, S.A. (2008) Proximal exposure of public 

schools and students to major roadways: a 

nationwide U.S. survey. J Environ Plan Mgmt 

409 Green, R.S.; Smorodinsky, S.; Kim, J.J.; 

McLaughlin, R.; Ostro, B. (2004) Proximity of 

California public schools to busy roads. Environ 

Health Perspect 112: 61–66. 

410Houston, D.; Ong, P.; Wu, J.; Winer, A. (2006) 

Proximity of licensed child care facilities to nearroadway vehicle pollution. Am J Public Health 96: 

1611–1617. 

411Wu, Y.; Batterman, S. (2006) Proximity of 

schools in Detroit, Michigan to automobile and 

truck traffic. J Exposure Sci Environ Epidemiol 16: 

457–470. 

412National Research Council, 1993. Protecting 

Visibility in National Parks and Wilderness Areas. 

National Academy of Sciences Committee on Haze 

in National Parks and Wilderness Areas. National 

Academy Press, Washington, DC. Docket EPA–HQ– 

OAR–2005–0161. This book can be viewed on the 

National Academy Press Web site at http:// 

www.nap.edu/books/0309048443/html/. 

413U.S. EPA (2009). Integrated Science 

Assessment for Particulate Matter (Final Report). 

U.S. Environmental Protection Agency, 

Washington, DC, EPA/600/R–08/139F, 2009. Docket 

EPA–HQ–OAR–2009–0472–11295. 

414The existing annual primary and secondary 

PM2.5 standards have been remanded and are being 

addressed in the currently ongoing PM NAAQS 

review. 

415These 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. 

416U.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–2009– 

0472–0091. 

Students may also be exposed in 

situations where schools are located 

near major roads. In a study of nine 

metropolitan areas across the U.S., 

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 

12% were located within 100 m.408 The 

study also found that among the 

metropolitan areas studied, schools in 

the Eastern U.S. were more often sited 

near major roadways than schools in the 

Western U.S. 

Demographic studies of students in 

schools near major roadways 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.409 410 411

There is some inconsistency in the 

evidence, which may be due to different 

local development patterns and 

measures of traffic and geographic scale 

used in the studies.408

4. 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. No 

substantive comments were received on 

the environmental effects of non-GHG 

pollutants. 

a. Visibility 

Visibility can be defined as the degree 

to which the atmosphere is transparent 

to visible light.412 Visibility impairment 

is caused by light scattering and 

absorption by suspended particles and 

gases. Visibility is important because it 

has direct significance to people’s 

enjoyment of daily activities in all parts 

of the country. Individuals value good 

visibility for the well-being it provides 

them directly, where they live and 

work, and in places where they enjoy 

recreational opportunities. Visibility is 

also highly 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 2009 PM ISA.413

EPA is pursuing a two-part strategy to 

address visibility. First, EPA has 

concluded that PM2.5 causes adverse 

effects on visibility in various locations, 

depending on PM concentrations and 

factors such as chemical composition 

and average relative humidity, and has 

set secondary PM2.5 standards.414 The 

secondary PM2.5 standards act in 

conjunction with the regional haze 

program. The regional haze rule (64 FR 

35714) 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 38680–81, July 18, 

1997).415 Visibility can be said to be 

impaired in both PM2.5 nonattainment 

areas and mandatory class I Federal 

areas. 

b. Plant and Ecosystem Effects of Ozone 

Elevated ozone levels contribute to 

environmental effects, with impacts to 

plants and ecosystems 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. Ozone 

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 

photosynthesis, both of which can lead 

to reduced plant growth and 

reproduction, resulting in reduced crop 

yields, forestry production, and use of 

sensitive ornamentals in landscaping. In 

addition, the impairment of 

photosynthesis, the process by which 

the plant makes carbohydrates (its 

source of energy and food), can lead to 

a subsequent reduction in root growth 

and carbohydrate storage below ground, 

resulting in other, more subtle plant and 

ecosystems 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 from the 

affected ecosystems, resulting in a loss 

or reduction in associated ecosystem 

goods and services. Lastly, visible ozone 

injury to leaves can result in a loss of 

aesthetic value in areas of special scenic 

significance like national parks and 

wilderness areas. The final 2006 Ozone 

Air Quality Criteria Document presents 

more detailed information on ozone 

effects on vegetation and ecosystems. 

c. Atmospheric Deposition 

Wet and dry deposition of ambient 

particulate matter delivers a complex 

mixture of metals (e.g., mercury, zinc, 

lead, nickel, aluminum, cadmium), 

organic compounds (e.g., POM, dioxins, 

furans) and inorganic compounds (e.g., 

nitrate, sulfate) to terrestrial and aquatic 

ecosystems. The chemical form of the 

compounds deposited depends on a 

variety of factors including ambient 

conditions (e.g., temperature, humidity, 

oxidant levels) and the sources of the 

material. Chemical and physical 

transformations of the compounds occur 

in the atmosphere as well as the media 

onto which 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.416

Adverse impacts on water quality can 

occur when atmospheric contaminants 

deposit to the water surface or when 

mstockstill on DSKB9S0YB1PROD with RULES2

25506 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 

417U.S. EPA (2004) National Coastal Condition 

Report II. Office of Research and Development/ 

Office of Water. EPA–620/R–03/002. Docket EPA– 

HQ–OAR–2009–0472–0089. 

418 Gao, Y., E.D. Nelson, M.P. Field, et al. 2002. 

Characterization of atmospheric trace elements on 

PM2.5 particulate matter over the New York-New 

Jersey harbor estuary. Atmos. Environ. 36: 1077– 

1086. Docket EPA–HQ–OAR–2009–0472–11297. 

419 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–2009–0472–11299. 

420Lu, 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–2009–0472–11296. 

421Marvin, 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– 

2009–0472–11300. 

422U.S. EPA. 1991. Effects of organic chemicals 

in the atmosphere on terrestrial plants. EPA/600/3– 

91/001. Docket EPA–HQ–OAR–2009–0472–0401. 

423Cape 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–2009– 

0472–0357. 

424Cape 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–2009– 

0472–0357. 

425 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–2009–0472–1128. 

426Ugrekhelidze 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–2009–0472–1142. 

427 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–2009–0472–0358. 

material deposited on the land enters a 

waterbody through runoff. Potential 

impacts of atmospheric deposition 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 algae blooms and 

zones of depleted oxygen, which can 

lead to fish kills, frequently in coastal 

waters. Deposition of heavy metals or 

other toxics may lead to the human 

ingestion of contaminated fish, 

impairment of drinking water, damage 

to the marine ecology, and limits 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.417 418 419 420 421

Atmospheric deposition of nitrogen 

and sulfur contributes to acidification, 

altering biogeochemistry and affecting 

animal and plant life in terrestrial and 

aquatic ecosystems across the U.S. The 

sensitivity of terrestrial and aquatic 

ecosystems to acidification from 

nitrogen and sulfur deposition is 

predominantly governed by geology. 

Prolonged exposure to excess nitrogen 

and sulfur deposition in sensitive areas 

acidifies lakes, rivers and soils. 

Increased acidity in surface waters 

creates inhospitable conditions for biota 

and affects the abundance and 

nutritional value of preferred prey 

species, threatening biodiversity and 

ecosystem function. Over time, 

acidifying deposition also removes 

essential nutrients from forest soils, 

depleting the capacity 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 

biodiversity of fishes, zooplankton, and 

macro invertebrates. 

In addition to the role nitrogen 

deposition plays in acidification, 

nitrogen deposition also leads to 

nutrient enrichment and altered 

biogeochemical cycling. In aquatic 

systems increased nitrogen can alter 

species assemblages and cause 

eutrophication. In terrestrial systems 

nitrogen loading can lead to loss of 

nitrogen sensitive lichen species, 

decreased biodiversity of grasslands, 

meadows and other sensitive habitats, 

and increased potential for invasive 

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 influenced by 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 yield, and limited use 

of land due to contamination. 

Atmospheric deposition of pollutants 

can reduce the aesthetic appeal of 

buildings and culturally important 

articles through soiling, and can 

contribute directly (or in conjunction 

with other pollutants) to structural 

damage by means of corrosion or 

erosion. Atmospheric deposition may 

affect materials principally by 

promoting and accelerating the 

corrosion of metals, by degrading paints, 

and by deteriorating building materials 

such as concrete and limestone. 

Particles contribute to these effects 

because of their electrolytic, 

hygroscopic, and acidic properties, and 

their ability to adsorb corrosive gases 

(principally sulfur dioxide). 

d. Environmental Effects of Air Toxics 

Fuel combustion emissions contribute 

to ambient levels of pollutants that 

contribute to adverse effects on 

vegetation. Volatile organic compounds 

(VOCs), some of which are considered 

air toxics, have long been suspected to 

play a role in vegetation damage.422 In 

laboratory experiments, a wide range of 

tolerance to VOCs has been observed.423

Decreases in harvested seed pod weight 

have been reported for the more 

sensitive plants, and some studies have 

reported effects on seed 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 

including ethanol and toluene on 

herbaceous plants, significant effects on 

seed production, leaf water content and 

photosynthetic efficiency were reported 

for some plant species.424

Research suggests an adverse impact 

of vehicle exhaust on plants, which has 

in some cases been attributed to 

aromatic compounds and in other cases 

to nitrogen oxides.425 426 427 The impacts 

of VOCs on plant reproduction may 

have long-term implications for 

biodiversity and survival of native 

species near major roadways. 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. 

5. Air Quality Impacts of Non-GHG 

Pollutants 

Air quality modeling was performed 

to assess the impact of the vehicle 

standards on criteria and air toxic 

pollutants. In this section, we present 

information on current modeled levels 

of pollution as well as projections for 

2030, with respect to ambient PM2.5, 

ozone, selected air toxics, visibility 

levels and nitrogen and sulfur 

deposition. The air quality modeling 

results indicate that the GHG standards 

have relatively small but measureable 

impacts on ambient concentrations of 

these pollutants. The results are 

discussed in more detail below and in 

Section 7.2 of the RIA. No substantive 

mstockstill on DSKB9S0YB1PROD with RULES2

Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 25507 

comments were received on our plans 

for non-GHG air quality modeling that 

were detailed in the proposal for this 

rule. 

We used the Community Multi-scale 

Air Quality (CMAQ) photochemical 

model, version 4.7.1, for our analysis. 

This version of CMAQ includes a 

number of improvements to previous 

versions of the model. These 

improvements are discussed in Section 

7.2 of the RIA. 

a. Particulate Matter 

i. Current Levels 

PM2.5 concentrations exceeding the 

level of the PM2.5 NAAQS occur in 

many parts of the country. In 2005, EPA 

designated 39 nonattainment areas for 

the 1997 PM2.5 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 PM2.5 NAAQS was 

revised in 2006 and the 2006 24-hour 

PM2.5 NAAQS became effective on 

December 18, 2006. On October 8, 2009, 

the EPA issued final nonattainment area 

designations for the 2006 24-hour PM2.5

NAAQS (74 FR 58688, November 13, 

2009). These designations include 31 

areas composed of 120 full or partial 

counties with a population of over 70 

million. In total, there are 54 PM2.5

nonattainment areas composed of 243 

counties with a population of almost 

102 million people. 

ii. Projected Levels Without This Rule 

States with PM2.5 nonattainment areas 

are required to take action to bring those 

areas into compliance in the future. 

Areas designated as not attaining the 

1997 PM2.5 NAAQS will need to attain 

the 1997 standards in the 2010 to 2015 

time frame, and then maintain them 

thereafter. The 2006 24-hour PM2.5

nonattainment areas will be required to 

attain the 2006 24-hour PM2.5 NAAQS 

in the 2014 to 2019 time frame and then 

be required to maintain the 2006 24- 

hour PM2.5 NAAQS thereafter. The 

vehicle standards finalized in this 

action become effective in 2012 and 

therefore may be useful to states in 

attaining or maintaining the PM2.5

NAAQS. 

EPA has already adopted many 

emission control programs that are 

expected to reduce ambient PM2.5 levels 

and which will assist in reducing the 

number of areas that fail to achieve the 

PM2.5 NAAQS. Even so, our air quality 

modeling projects that in 2030, with all 

current controls but excluding the 

impacts of the vehicle standards 

adopted here, at least 9 counties with a 

population of almost 28 million may not 

attain the 1997 annual PM2.5 standard of 

15 μg/m3 and 26 counties with a 

population of over 41 million may not 

attain the 2006 24-hour PM2.5 standard 

of 35 μg/m3. These numbers do not 

account for those areas that are close to 

(e.g., within 10 percent of) the PM2.5

standards. These areas, although not 

violating the standards, will also benefit 

from any reductions in PM2.5 ensuring 

long-term maintenance of the PM2.5

NAAQS. 

iii. Projected Levels With This Rule 

Air quality modeling performed for 

this final rule shows that in 2030 the 

majority of the modeled counties will 

see decreases of less than 0.05 μg/m3 in 

their annual PM2.5 design values. The 

decreases in annual PM2.5 design values 

that we see in some counties are likely 

due to emission reductions related to 

lower gasoline production at existing oil 

refineries; reductions in direct PM2.5

emissions and PM2.5 precursor 

emissions (NOX and SOX) contribute to 

reductions in ambient concentrations of 

both direct PM2.5 and secondarilyformed PM2.5. The maximum projected 

decrease in an annual PM2.5 design 

value is 0.07 μg/m3 in Harris County, 

TX. There are also a few counties that 

are projected to see increases of no more 

than 0.01 μg/m3 in their annual PM2.5

design values. These small increases in 

annual PM2.5 design values are likely 

related to downstream emission 

increases. On a population-weighted 

basis, the average modeled 2030 annual 

PM2.5 design value is projected to 

decrease by 0.01 μg/m3 due to this final 

rule. Those counties that are projected 

to be above the annual PM2.5 standard 

in 2030 will see slightly larger 

population-weighted decreases of 0.03 

μg/m3 in their design values due to this 

final rule. 

In addition to looking at annual PM2.5

design values, we also modeled the 

impact of the standards on 24-hour 

PM2.5 design values. Air quality 

modeling performed for this final rule 

shows that in 2030 the majority of the 

modeled counties will see changes of 

between -0.05 μg/m3 and +0.05 μg/m3 in 

their 24-hour PM2.5 design values. The 

decreases in 24-hour PM2.5 design 

values that we see in some counties are 

likely due to emission reductions 

related to lower gasoline production at 

existing oil refineries; reductions in 

direct PM2.5 emissions and PM2.5

precursor emissions (NOX and SOX) 

contribute to reductions in ambient 

concentrations of both direct PM2.5 and 

secondarily-formed PM2.5. The 

maximum projected decrease in a 24- 

hour PM2.5 design value is 0.21 μg/m3 in 

Harris County, TX. There are also some 

counties that are projected to see 

increases of less than 0.05 μg/m3 in their 

24-hour PM2.5 design values. These 

small increases in 24-hour PM2.5 design 

values are likely related to downstream 

emission increases. On a populationweighted basis, the average modeled 

2030 24-hour PM2.5 design value is 

projected to decrease by 0.01 μg/m3 due 

to this final rule. Those counties that are 

projected to be above the 24-hour PM2.5

standard in 2030 will see slightly larger 

population-weighted decreases of 0.05 

μg/m3 in their design values due to this 

final rule. 

b. Ozone 

i. 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. EPA recently proposed to 

reconsider the 2008 ozone NAAQS (75 

FR 2938, January 19, 2010). Because of 

the uncertainty the reconsideration 

proposal creates regarding the 

continued applicability of the 2008 

ozone NAAQS, EPA has used its 

authority to extend by 1 year the 

deadline for promulgating designations 

for those NAAQS (75 FR 2936, January 

19, 2010). The new deadline is March 

12, 2011. EPA intends to complete the 

reconsideration by August 31, 2010. If 

EPA establishes new ozone NAAQS as 

a result of the reconsideration, they 

would replace the 2008 ozone NAAQS 

and requirements to designate areas and 

implement the 2008 NAAQS would no 

longer apply. 

As of January 6, 2010 there are 51 

areas designated as nonattainment for 

the 1997 8-hour ozone NAAQS, 

comprising 266 full or partial counties 

with a total population of over 122 

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 

likely underestimate the number of 

counties that are not meeting the ozone 

NAAQS because the nonattainment 

areas associated with the more stringent 

2008 8-hour ozone NAAQS have not yet 

been designated. Table III.G.5–1 

provides an estimate, based on 2005–07 

air quality data, of the counties with 

design values greater than the 2008 8- 

hour ozone NAAQS of 0.075 ppm. 

mstockstill on DSKB9S0YB1PROD with RULES2

25508 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 

428U.S. EPA 2010, Fact Sheet Revisions to Ozone 

Standards. http://www.epa.gov/groundlevelozone/ 

pdfs/fs20100106std.pdf. 

429EPA 2010, Renewable Fuel Standard Program 

(RFS2) Regulatory Impact Analysis. EPA–420–R– 

10–006, February 2010. Docket EPA–HQ–OAR– 

2009–0472–11332. See also 75 FR 14670, March 26, 

2010. 

430Sections 3.4.2.1.2 and 3.4.3.3 of the Renewable 

Fuel Standard Program (RFS2) Regulatory Impact 

Analysis, EPA–420–R–10–006, February 2010. 

Docket EPA–HQ–OAR–2009–0472–11332. 

431U.S. EPA (2009) 2002 National-Scale Air 

Toxics Assessment. http://www.epa.gov/ttn/atw/ 

nata2002/. Docket EPA–HQ–OAR–2009–0472– 

11321. 

432U.S. Environmental Protection Agency (2007). 

Control of Hazardous Air Pollutants from Mobile 

Sources; Final Rule. 72 FR 8434, February 26, 2007. 

Docket EPA–HQ–OAR–2009–0472–0271, 0271.1 

and 0271.2. 

TABLE III.G.5–1—COUNTIES WITH DESIGN VALUES GREATER THAN THE OZONE NAAQS 

Number of 

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 quality 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 would 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 populations that will eventually be included in areas 

with multiple counties designated nonattainment. 

ii. Projected Levels Without This Rule 

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 time 

frame and then maintain the NAAQS 

thereafter. As noted, EPA is 

reconsidering the 2008 ozone NAAQS. 

If EPA promulgates different ozone 

NAAQS in 2010 as a result of the 

reconsideration, these standards would 

replace the 2008 ozone NAAQS and 

there would no longer be a requirement 

to designate areas for the 2008 NAAQS. 

EPA would designate nonattainment 

areas for a potential new 2010 primary 

ozone NAAQS in 2011. The attainment 

dates for areas designated 

nonattainment for a potential new 2010 

primary ozone NAAQS are likely to be 

in the 2014 to 2031 timeframe, 

depending on the severity of the 

problem.428

EPA has already adopted many 

emission control programs that 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 vehicle standards, up to 

16 counties with a population of almost 

35 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 areas, although not violating the 

standards, will also be impacted by 

changes in ozone as they work to ensure 

long-term maintenance of the ozone 

NAAQS. 

iii. Projected Levels With This Rule 

We do not expect this rule to have a 

meaningful impact on ozone 

concentrations, given the small 

magnitude of the ozone impacts and the 

fact that much of the impact is due to 

ethanol assumptions that are 

independent of this rule. Our modeling 

projects increases in ozone design value 

concentrations in many areas of the 

country and decreases in ozone design 

value concentrations in a few areas. 

However, the increases in ozone design 

values are not due to the standards 

finalized in this rule, but are related to 

our assumptions about the volume of 

ethanol that will be blended into 

gasoline. The ethanol volumes will be 

occurring as a result of the recent 

Renewable Fuel Standards (RFS2) 

rule.429

The ethanol volume assumptions are 

discussed in the introduction to Section 

III.G of this preamble. We attribute 

decreased fuel consumption and 

production from this program to 

gasoline only, while assuming constant 

ethanol volumes in our reference and 

control cases. Holding ethanol volumes 

constant while decreasing gasoline 

volumes increases the market share of 

10% ethanol (E10) in the control case. 

However, the increased E10 market 

share is projected to occur regardless of 

this rule; in the RFS2 analysis we 

project 100% E10 by 2014. The air 

quality impacts of this effect are 

included in our analyses for the recent 

RFS2 rule. As the RFS2 analyses 

indicate, increasing usage of E10 fuels 

(when compared with E0 fuels) can 

increase NOX emissions and thereby 

increase ozone concentrations, 

especially in NOX-limited areas where 

relatively small amounts of NOX enable 

ozone to form rapidly.430

The majority of the ozone design 

value increases are less than 0.1 ppb. 

The maximum projected increase in an 

8-hour ozone design value is 0.25 ppb 

in Richland County, South Carolina. As 

mentioned above there are some areas 

which see decreases in their ozone 

design values. The decreases in ambient 

ozone concentration are likely due to 

projected upstream emissions decreases 

in NOX and VOCs from reduced 

gasoline production. The maximum 

decrease projected in an 8-hour ozone 

design value is 0.22 ppb in Riverside 

County, California. On a populationweighted basis, the average modeled 8- 

hour ozone design values are projected 

to increase by 0.01 ppb in 2030 and the 

design values for those counties that are 

projected to be above the 2008 ozone 

standard in 2030 will see populationweighted decreases of 0.10 ppb. 

c. Air Toxics 

i. 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.431 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.432 According to 

the National Air Toxic Assessment 

mstockstill on DSKB9S0YB1PROD with RULES2

Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 25509 

433U.S. EPA (2009) 2002 National-Scale Air 

Toxics Assessment. http://www.epa.gov/ttn/atw/ 

nata2002/. Docket EPA–HQ–OAR–2009–0472– 

11321. 

434U.S. EPA. U.S. EPA’s 2008 Report on the 

Environment (Final Report). U.S. Environmental 

Protection Agency, Washington, DC, EPA/600/R– 

07/045F (NTIS PB2008–112484). Docket EPA–HQ– 

OAR–2009–0472–11298. Updated data available 

online at: http://cfpub.epa.gov/eroe/

index.cfm?fuseaction=detail.viewInd&ch=46&

subtop=341&lv=list.listByChapter&r=201744. 

435The level of visibility impairment 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 conditions, 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. 

(NATA) for 2002,433 mobile sources 

were responsible for 47 percent of 

outdoor toxic emissions, over 50 percent 

of the cancer risk, and over 80 percent 

of the 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 

years, EPA has implemented a number 

of mobile source and fuel controls 

resulting in VOC reductions, which also 

reduce benzene and other air toxic 

emissions. 

ii. Projected Levels 

Our modeling indicates that the GHG 

standards have relatively little impact 

on national average ambient 

concentrations of the modeled air 

toxics. Additional detail on the air 

toxics results can be found in Section 

7.2.2.3 of the RIA. 

d. Nitrogen and Sulfur Deposition 

i. Current Levels 

Over the past two decades, the EPA 

has undertaken numerous efforts to 

reduce nitrogen and sulfur deposition 

across the U.S. Analyses 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 negatively impacted by deposition. 

Deposition of inorganic nitrogen and 

sulfur species routinely measured in the 

U.S. between 2004 and 2006 were as 

high as 9.6 kilograms of nitrogen per 

hectare per year (kg N/ha/yr) and 21.3 

kilograms of sulfur per hectare per year 

(kg S/ha/yr). The data show that 

reductions were more substantial for 

sulfur compounds than for nitrogen 

compounds. These numbers are 

generated by the U.S. national 

monitoring network and they likely 

underestimate nitrogen deposition 

because neither ammonia nor organic 

nitrogen is measured. In the eastern 

U.S., where data are most abundant, 

total sulfur deposition decreased by 

about 44% between 1990 and 2007, 

while total nitrogen deposition 

decreased by 25% over the same time 

frame.434

ii. Projected Levels 

Our air quality modeling does not 

show substantial overall nationwide 

impacts on the annual total sulfur and 

nitrogen deposition occurring across the 

U.S. as a result of the vehicle standards 

required by this rule. For sulfur 

deposition the vehicle standards will 

result in annual percent decreases of 

0.5% to more than 2% in locations with 

refineries as a result of the lower output 

from refineries due to less gasoline 

usage. These locations include the 

Texas and Louisiana portions of the 

Gulf Coast; the Washington DC area; 

Chicago, IL; portions of Oklahoma and 

northern Texas; Bismarck, North 

Dakota; Billings, Montana; Casper, 

Wyoming; Salt Lake City, Utah; Seattle, 

Washington; and San Francisco, Los 

Angeles, and San Luis Obispo, 

California. The remainder of the country 

will see only minimal changes in sulfur 

deposition, ranging from decreases of 

less than 0.5% to increases of less than 

0.5%. For a map of 2030 sulfur 

deposition impacts and additional 

information on these impacts, see 

Section 7.2.2.5 of the RIA. The impacts 

of the vehicle standards on nitrogen 

deposition are minimal, ranging from 

decreases of up to 0.5% to increases of 

up to 0.5%. 

e. Visibility 

i. Current Levels 

As mentioned in Section III.G.5.a, 

millions of people live in nonattainment 

areas for the PM2.5 NAAQS. These 

populations, as well as large numbers of 

individuals who travel to these areas, 

are likely to experience visibility 

impairment. In addition, 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 regions, urban areas, and 

remote mandatory class I Federal areas. 

ii. Projected Levels 

Air quality modeling conducted for 

this final rule was used to project 

visibility conditions in 138 mandatory 

class I Federal areas across the U.S. in 

2030. The results show that all the 

modeled areas will continue to have 

annual average deciview levels above 

background in 2030.435 The results also 

indicate that the majority of the 

modeled mandatory class I Federal areas 

will see no change in their visibility, but 

some mandatory class I Federal areas 

will see improvements in visibility due 

to the vehicle standards and a few 

mandatory class I Federal areas will see 

visibility decreases. The average 

visibility at all modeled mandatory class 

I Federal areas on the 20% worst days 

is projected to improve by 0.002 

deciviews, or 0.01%, in 2030. Section 

7.2.2.6.2 of the RIA contains more detail 

on the visibility portion of the air 

quality modeling. 

H. What are the estimated cost, 

economic, and other impacts of the 

program? 

In this section, EPA presents the costs 

and impacts of EPA’s GHG program. It 

is important to note that NHTSA’s CAFE 

standards and EPA’s GHG standards 

will both be in effect, and each will lead 

to average fuel economy increases and 

CO2 emissions reductions. The two 

agencies’ standards comprise the 

National Program, and this discussion of 

costs and benefits of EPA’s GHG 

standard does not change the fact that 

both the CAFE and GHG standards, 

jointly, are the source of the benefits 

and costs of the National Program. 

These costs and benefits are 

appropriately analyzed separately by 

each agency and should not be added 

together. 

This section outlines the basis for 

assessing the benefits and costs of the 

GHG standards and provides estimates 

of these costs and benefits. Some of 

these effects are private, meaning that 

they affect consumers and producers 

directly in their sales, purchases, and 

use of vehicles. These private effects 

include the upfront costs of the 

technology, fuel savings, and the 

benefits of additional driving and 

reduced refueling. Other costs and 

benefits affect people outside the 

markets for vehicles and their use; these 

effects are termed external, because they 

affect people in ways other than the 

effect on the market for and use of new 

vehicles and are generally not taken into 

account by the purchaser of the vehicle. 

The external effects include the climate 

impacts, the effects on non-GHG 

pollutants, energy security impacts, and 

the effects on traffic, accidents, and 

noise due to additional driving. The 

sum of the private and external benefits 

and costs is the net social benefits of the 

program. There is some debate about the 

mstockstill on DSKB9S0YB1PROD with RULES2

25510 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 

436See Memorandum to Docket, ‘‘Economy-Wide 

Impacts of Proposed Greenhouse Gas Tailpipe 

Standards,’’ March 4, 2010. Docket EPA–HQ–OAR– 

2009–0472. 

437 Jaffe, A.B., and Stavins, R.N. (1994). The 

Energy Paradox and the Diffusion of Conservation 

Technology. Resource and Energy Economics, 16(2), 

91–122. Docket EPA–HQ–OAR–2009–0472–11415. 

role of private benefits in assessing the 

benefits and costs of the program: If 

consumers optimize their purchases of 

fuel economy, with full information and 

perfect foresight, in perfectly efficient 

markets, it is possible that they have 

already considered these benefits in 

their vehicle purchase decisions. If so, 

then no net private benefits would 

result from the program, because 

consumers would already buy vehicles 

with the amount of fuel economy that is 

optimal for them; requiring additional 

fuel economy would alter both the 

purchase prices of new cars and their 

lifetime streams of operating costs in 

ways that will inevitably reduce 

consumers’ well-being. If these 

conditions do not hold, then the private 

benefits and costs would both count 

toward the program’s benefits. Section 

III.H.1 discusses this issue more fully. 

The net benefits of EPA’s final 

program consist of the effects of the 

program on: 

• The vehicle program costs (costs of 

complying with the vehicle CO2

standards, taking into account FFV 

credits through 2015, the temporary 

lead-time alternative allowance 

standard program (TLAASP), full car/ 

truck trading, and the A/C credit 

program, and other flexibilities built 

into the final program), 

• Fuel savings associated with 

reduced fuel usage resulting from the 

program, 

• Greenhouse gas emissions, 

• Other pollutants, 

• Noise, congestion, accidents, 

• Energy security impacts, 

• Reduced refueling events 

• Increased driving due to the 

‘‘rebound’’ effect. 

EPA also presents the cost-effectiveness 

of the standards. 

The total monetized benefits 

(excluding fuel savings) under the 

program are projected to be $17.5 to 

$41.8 billion in 2030, using a 3 percent 

discount rate applied to the valuation of 

PM2.5-related premature mortality and 

depending on the value used for the 

social cost of carbon. The total 

monetized benefits (excluding fuel 

savings) under the program are 

projected to be $17.4 to $41.7 billion in 

2030, using a 7 percent discount rate 

applied to the valuation of PM2.5-related 

premature mortality and depending on 

the value used for the social cost of 

carbon. These benefits are summarized 

below in Table III.H.10–2. The costs of 

the program in 2030 are estimated to be 

approximately $15.8 billion for new 

vehicle technology less $79.8 billion in 

savings realized by consumers through 

fewer fuel expenditures (calculated 

using pre-tax fuel prices). These costs 

are summarized below in Table 

III.H.10–1. The estimates developed 

here use as a baseline for comparison 

the fuel economy associated with MY 

2011 vehicles. To the extent that greater 

fuel economy improvements than those 

assumed to occur under the baseline 

may have occurred due to market forces 

alone (absent the rule), the analysis 

overestimates private and social net 

benefits. 

EPA has undertaken an analysis of the 

economy-wide impacts of the GHG 

tailpipe standards as an exploratory 

exercise that EPA believes could 

provide additional insights into the 

potential impacts of the program.436

These results were not a factor regarding 

the appropriateness of the GHG tailpipe 

standards. It is important to note that 

the results of this modeling exercise are 

dependent on the assumptions 

associated with how producers will 

make fuel economy improvements and 

how consumers will respond to 

increases in higher vehicle costs and 

improved vehicle fuel economy as a 

result of the program. Section III.H.1 

discusses the underlying distinctions 

and implications of the role of consumer 

response in economic impacts. 

Further information on these and 

other aspects of the economic impacts of 

our rule are summarized in the 

following sections and are presented in 

more detail in the RIA for this 

rulemaking. 

1. Conceptual Framework for Evaluating 

Consumer Impacts 

For this rule, EPA projects significant 

private gains to consumers in three 

major areas: (1) Reductions in spending 

on fuel, (2) time saved due to less 

refueling, and (3) welfare gains from 

additional driving that results from the 

rebound effect. In combination, these 

private savings, mostly from fuel 

savings, appear to outweigh by a large 

margin the costs of the program, even 

without accounting for externalities. 

Admittedly, these findings pose an 

economic conundrum. On the one hand, 

consumers are expected to gain 

significantly from the rules, as the 

increased cost of fuel efficient cars 

appears to be far smaller than the fuel 

savings. Yet these technologies are 

readily available; financially savvy 

consumers could have sought vehicles 

with improved fuel efficiency, and auto 

makers seeking those customers could 

have offered them. Assuming full 

information, perfect foresight, perfect 

competition, and financially rational 

consumers and producers, standard 

economic theory suggests that normal 

market operations would have provided 

the private net gains to consumers, and 

the only benefits of the rule would be 

due to external benefits. If our analysis 

projects net private benefits that 

consumers have not realized in this 

perfectly functioning market, then 

increased fuel economy should be 

accompanied by a corresponding loss in 

consumer welfare. This calculation 

assumes that consumers accurately 

predict and act on all the benefits they 

will get from a new vehicle, and that 

producers market products providing 

those benefits. The existence of large 

private net benefits from this rule, then, 

suggests either that the assumptions 

noted above do not hold, or that EPA’s 

analysis has missed some factor(s) tied 

to improved fuel economy that reduce(s) 

consumer welfare. 

With respect to the latter, EPA 

believes the costs of the technologies 

developed for this rule take into account 

the cost needed to ensure that all 

vehicle qualities (including 

performance, reliability, and size) stay 

constant, except for fuel economy and 

vehicle price. As a result, there would 

need to be some other changed qualities 

that would reduce the benefits 

consumers receive from their vehicles. 

Changing circumstances (e.g., increased 

demand for horsepower in response to 

a drop in fuel prices), and any changes 

in vehicle attributes that manufacturers 

elect to make may result in additional 

private impacts to vehicle buyers from 

requiring increased fuel economy. Most 

comments generally supported the cost 

estimates and the maintenance of 

vehicle quality, though two comments 

expressed concern over unspecified 

losses to vehicle quality. Even if there 

is some such unidentified loss (which, 

given existing evidence and modeling 

capabilities, is very difficult to 

quantify), EPA believes that under 

realistic assumptions, the private gains 

from the rule, together with the social 

gains (in the form of reduction of 

externalities), will continue to 

substantially outweigh the costs. 

The central conundrum has been 

referred to as the Energy Paradox in this 

setting (and in several others).437 In 

short, the problem is that consumers 

appear not to purchase products that are 

in their economic self-interest. There are 

mstockstill on DSKB9S0YB1PROD with RULES2

Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 25511 

438For an overview, see id. 

439For instance, the range of fuel economy 

(combined city and highway) available among all 

listed 2010 6-cylinder minivans is 18 to 20 miles 

per gallon. With a manual-transmission 4-cylinder 

minivan, it is possible to get 24 mpg. See http:// 

www.fueleconomy.gov, which is jointly maintained 

by the U.S. Department of Energy and the EPA. For 

recent but unpublished evidence, see Allcott, Hunt, 

and Nathan Wozny, ‘‘Gasoline Prices, Fuel 

Economy, and the Energy Paradox’’ (2010), available 

at http://web.mit.edu/allcott/www/Allcott%20

and%20Wozny%202010%20-%20Gasoline%20

Prices,%20Fuel%20Economy,%20and%20the%20

Energy%20Paradox.pdf. 

440 Jaffe, A.B., and Stavins, R.N. (1994). The 

Energy Paradox and the Diffusion of Conservation 

Technology. Resource and Energy Economics, 16(2), 

91–122. Docket EPA–HQ–OAR–2009–0472–11415. 

See also Allcott and Wozny, supra note. 

441For example, it might be maintained that, at 

the time of purchase, consumers take full account 

of the time spent refueling potentially saved by 

fuel-efficient cars, but it might also be questioned 

whether they have adequate information to do so, 

or whether that factor is sufficiently salient to play 

the proper role in purchasing decisions. 

442Sanstad, A., and R. Howarth (1994). ‘‘ ‘Normal’ 

Markets, Market Imperfections, and Energy 

Efficiency.’’ Energy Policy 22(10): 811–818 (Docket 

EPA–HQ–OAR–2009–0472–11416). 

443 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 (Docket EPA–HQ–OAR–2009–0472–11538); 

Dasgupta, S., S. Siddarth, and J. Silva-Risso (2007). 

‘‘To Lease or to Buy? A Structural Model of a 

Consumer’s Vehicle and Contract Choice 

Decisions.’’ Journal of Marketing Research 44: 490– 

502 (Docket EPA–HQ–OAR–2009–0472–11539); 

Metcalf, G., and D. Rosenthal (1995). ‘‘The ‘New’ 

View of Investment Decisions and Public Policy 

Analysis: An Application to Green Lights and Cold 

Refrigerators,’’ Journal of Policy Analysis and 

Management 14: 517–531 (Docket EPA–HQ–OAR– 

2009–0472–11540); Hassett, K., and G. Metcalf 

(1995), ‘‘Energy Tax Credits and Residential 

Conservation Investment: Evidence from Panel 

Data,’’ Journal of Public Economics 57: 201–217 

(Docket EPA–HQ–OAR–2009–0472–11543); 

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 (Docket EPA–HQ–OAR–2009–0472–0051); van 

Soest D., and E. Bulte (2001), ‘‘Does the EnergyEfficiency Paradox Exist? Technological Progress 

and Uncertainty.’’ Environmental and Resource 

Economics 18: 101–12 (Docket EPA–HQ–OAR– 

2009–0472–11542). 

444Turrentine, T. and K. Kurani (2007). ‘‘Car 

Buyers and Fuel Economy?’’ Energy Policy 35: 

1213–1223 (Docket EPA–HQ–OAR–2009–0472); 

Larrick, R.P., and J.B. Soll (2008). ‘‘The MPG 

illusion.’’ Science 320: 1593–1594 (Docket EPA– 

HQ–OAR–2009–0472–0041). 

445Allcott, Hunt, and Nathan Wozny, ‘‘Gasoline 

Prices, Fuel Economy, and the Energy Paradox’’ 

(2010), available at http://web.mit.edu/allcott/www/ 

Allcott%20and%20Wozny%202010%20- 

%20Gasoline%20Prices,%20

Fuel%20Economy,%20and%

20the%20Energy%20Paradox.pdf (Docket EPA– 

HQ–OAR–2009–0472–11554). 

446Sanstad, A., and R. Howarth (1994). ‘‘ ‘Normal’ 

Markets, Market Imperfections, and Energy 

Efficiency.’’ Energy Policy 22(10): 811–818 (Docket 

EPA–HQ–OAR–2009–0472–11415); Larrick, R. P., 

and J.B. Soll (2008). ‘‘The MPG illusion.’’ Science 

320: 1593–1594 (Docket EPA–HQ–OAR–2009– 

0472–0043). 

447Hausman J., Joskow P. (1982). ‘‘Evaluating the 

Costs and Benefits of Appliance Efficiency 

Standards.’’ American Economic Review 72: 220–25 

(Docket EPA–HQ–OAR–2009–0472–11541). 

448E.g., Goldberg, Pinelopi Koujianou, ‘‘Product 

Differentiation and Oligopoly in International 

Markets: The Case of the U.S. Automobile 

Industry,’’ Econometrica 63(4) (July 1995): 891–951 

(Docket EPA–HQ–OAR–2009–0472–0021); 

Goldberg, Pinelopi Koujianou, ‘‘The Effects of the 

Corporate Average Fuel Efficiency Standards in the 

U.S.,’’ Journal of Industrial Economics 46(1) (March 

1998): 1–33 (Docket EPA–HQ–OAR–2009–0472– 

0017); Busse, Meghan R., Christopher R. Knittel, 

and Florian Zettelmeyer (2009). ‘‘Pain at the Pump: 

How Gasoline Prices Affect Automobile Purchasing 

in New and Used Markets,’’ Working paper 

(accessed 6/30/09), available at http://

www.econ.ucdavis.edu/faculty/knittel/papers/

gaspaper_latest.pdf. (Docket EPA–HQ–OAR–2009– 

0472–0044). 

449 Greene, David L. ‘‘How Consumers Value Fuel 

Economy: A Literature Review.’’ EPA Report EPA– 

420–R–10–008, March 2010 (Docket EPA–HQ– 

OAR–2009–0472–11575). 

strong theoretical reasons why this 

might be so: 438

• Consumers might be myopic and 

hence undervalue the long-term. 

• Consumers might lack information 

or a full appreciation of information 

even when it is presented. 

• Consumers might be especially 

averse to the short-term losses 

associated with the higher prices of 

energy efficient products relative to the 

uncertain future fuel savings, even if the 

expected present value of those fuel 

savings exceeds the cost (the behavioral 

phenomenon of ‘‘loss aversion’’) 

• Even if consumers have relevant 

knowledge, the benefits of energyefficient vehicles might not be 

sufficiently salient to them at the time 

of purchase, and the lack of salience 

might lead consumers to neglect an 

attribute that it would be in their 

economic interest to consider. 

• In the case of vehicle fuel 

efficiency, and perhaps as a result of 

one or more of the foregoing factors, 

consumers may have relatively few 

choices to purchase vehicles with 

greater fuel economy once other 

characteristics, such as vehicle class, are 

chosen.439

A great deal of work in behavioral 

economics identifies and elaborates 

factors of this sort, which help account 

for the Energy Paradox.440 This point 

holds in the context of fuel savings (the 

main focus here), but it applies equally 

to the other private benefits, including 

reductions in refueling time and 

additional driving.441 For example, it 

might well be questioned whether 

significant reductions in refueling time, 

and corresponding private savings, are 

fully internalized when consumers are 

making purchasing decisions. 

Considerable research findings 

indicate that the Energy Paradox is real 

and significant but the literature has not 

reached a consensus about the reasons 

for its existence. Several researchers 

have found evidence suggesting that 

consumers do not give full or 

appropriate weight to fuel economy in 

purchasing decisions. For example, 

Sanstad and Howarth 442 argue that 

consumers optimize behavior without 

full information by resorting to 

imprecise but convenient rules of 

thumb. Some studies find that a 

substantial portion of this 

undervaluation can be explained by 

inaccurate assessments of energy 

savings, or by uncertainty and 

irreversibility of energy investments due 

to fluctuations in energy prices.443 For 

a number of reasons, consumers may 

undervalue future energy savings due to 

routine mistakes in how they evaluate 

these trade-offs. For instance, the 

calculation of fuel savings is complex, 

and consumers may not make it 

correctly.444 The attribute of fuel 

economy may be insufficiently salient, 

leading to a situation in which 

consumers pay less than $1 for an 

expected $1 benefit in terms of 

discounted gasoline costs.445 Larrick 

and Soll (2008) find that consumers do 

not understand how to translate changes 

in miles-per-gallon into fuel savings (a 

concern that EPA is continuing to 

attempt to address).446 In addition, 

future fuel price (a major component of 

fuel savings) is highly uncertain. 

Consumer fuel savings also vary across 

individuals, who travel different 

amounts and have different driving 

styles. Cost calculations based on the 

average do not distinguish between 

those that may gain or lose as a result 

of the policy.447 Studies regularly show 

that fuel economy plays a role in 

consumers’ vehicle purchases, but 

modeling that role is still in 

development, and there is no consensus 

that most consumers make fully 

informed tradeoffs.448

Some studies find that a substantial 

portion of the Energy Paradox can be 

explained in models of consumer 

behavior. For instance, one set of 

studies finds that accounting for 

uncertainty in fuel savings over time 

due to unanticipated changes in fuel 

prices goes a long way toward 

explaining this paradox. In this case, 

consumers give up some uncertain 

future fuel savings to avoid higher 

upfront costs. 

A recent review commissioned by 

EPA supports the finding of great 

variability, by looking at one key 

parameter: The role of fuel economy in 

consumers’ vehicle purchase 

decisions.449 The review finds no 

mstockstill on DSKB9S0YB1PROD with RULES2

25512 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 

consensus on the role of fuel economy 

in consumer purchase decisions. Of 27 

studies, significant numbers of them 

find that consumers undervalue, 

overvalue, or value approximately 

correctly the fuel savings that they will 

receive from improved fuel economy. 

The variation in the value of fuel 

economy in these studies is so high that 

it appears to be inappropriate to identify 

one central estimate from the literature. 

Thus, estimating consumer response to 

higher vehicle fuel economy is still 

unsettled science. 

If there is a difference between fuel 

savings and consumers’ willingness to 

pay for fuel savings, the next question 

is, which is the appropriate measure of 

consumer benefit? Fuel savings measure 

the actual monetary value that 

consumers will receive after purchasing 

a vehicle; the willingness to pay for fuel 

economy measures the value that, before 

a purchase, consumers place on 

additional fuel economy. As noted, 

there are a number of reasons that 

consumers may incorrectly estimate the 

benefits that they get from improved 

fuel economy, including risk or loss 

aversion, and poor ability to calculate 

savings. Also as noted, fuel economy 

may not be as salient as other vehicle 

characteristics when a consumer is 

considering vehicles. If these arguments 

are valid, then there will be significant 

gains to consumers of the government 

mandating additional fuel economy. 

EPA requested and received a number 

of comments discussing the role of the 

Energy Paradox in consumer vehicle 

purchase decisions. Ten commenters, 

primarily from a number of academic 

and non-governmental organizations, 

argued that there is a gap between the 

fuel economy that consumers purchased 

and the cost-effective amount, due to a 

number of market and behavioral 

phenomena. These include consumers 

having inadequate information about 

future fuel savings relative to up-front 

costs; imperfect competition among auto 

manufacturers; lack of choice over fuel 

economy within classes; lack of salience 

of fuel economy relative to other vehicle 

features at the time of vehicle purchase; 

consumer use of heuristic decisionmaking processes or other rules of 

thumb, rather than analyzing fuel 

economy decisions; consumer risk and 

loss aversion leading to more attention 

to up-front costs than future fuel 

savings; and consumer emphasis on 

visible, status-providing features of 

vehicles more than on relatively 

invisible features such as fuel economy. 

The RIA, Chapter 8.1.2, includes further 

discussion of these phenomena. 

Because of the gap between the fuel 

economy consumers purchase and the 

cost-effective amount, those and 

additional commenters support using 

the full value of fuel savings as a benefit 

of the rule. A few asserted, in addition, 

that auto companies would benefit from 

offering vehicles with improved fuel 

economy. Automakers might 

underprovide fuel economy because 

they believe consumers would not buy 

it, or that it is not as salient as price 

when consumers are buying a vehicle. 

The commenters who supported the 

existence of the gap cite these 

phenomena as a basis for regulation of 

fuel economy. In contrast, two 

commenters (the United Auto Workers 

and one nonprofit research 

organization) argued that the market for 

fuel economy works efficiently; 

consumers reveal through their 

purchase decisions that additional fuel 

economy is not important for them. 

These commenters expressed concern 

that regulation to promote more fuel 

economy would limit consumers’ 

choices as well as the value of the 

vehicles to consumers. Yet other 

commenters (including some states) 

noted that the rule protects the existing 

variety and choice of vehicles in the 

market; for this reason, the value of 

vehicles to consumers should not suffer 

as a result of the rule. 

While acknowledging the diversity of 

perspectives, EPA continues to include 

the full fuel savings as private benefits 

of the rule. Improved fuel economy will 

significantly reduce consumer 

expenditures on fuel, thus benefiting 

consumers. It is true that limitations in 

modeling affect our ability to estimate 

how much of these savings would have 

occurred in the absence of the rule. For 

example, some of the technologies 

predicted to be adopted in response to 

the rule may already be developing due 

to shifts in consumer demand for fuel 

economy. It is possible that some of 

these savings would have occurred in 

the absence of the rule. To the extent 

that greater fuel economy improvements 

than those assumed to occur under the 

baseline may have occurred due to 

market forces alone (absent the rule), the 

analysis overestimates private and 

social net benefits. In the absence of 

robust means to identify the changes in 

fuel economy that would have occurred 

without the rule, we estimate the 

benefits and costs under the assumption 

that the rule will lead to more fuelefficient vehicles than would have 

occurred without the rule. As discussed 

below, limitations in modeling also 

affect our ability to estimate the effects 

of the rule on net benefits in the market 

for vehicles. 

Consumer vehicle choice models 

estimate what vehicles consumers buy 

based on vehicle and consumer 

characteristics. In principle, such 

models could provide a means of 

understanding both the role of fuel 

economy in consumers’ purchase 

decisions and the effects of this rule on 

the benefits that consumers will get 

from vehicles. The NPRM included a 

discussion of the wide variation in the 

structure and results of these models. 

Models or model results have not 

frequently been systematically 

compared to each other. When they 

have, the results show large variation 

over, for instance, the value that 

consumers place on additional fuel 

economy. As a result, EPA found that 

further assessment needed to be done 

before adopting a consumer vehicle 

choice model. In the NPRM, EPA asked 

for comment on the state of the art of 

consumer vehicle choice modeling and 

whether it is sufficiently developed for 

use in regulatory analysis. 

The responses were varied. Of the six 

commenters on this issue, five 

supported EPA’s performing consumer 

vehicle choice modeling, but only in 

general terms; they did not provide 

recommendations for how to evaluate 

the quality of different models or 

identify a model appropriate for EPA’s 

purposes. One commenter argued that, 

if key differences across models were 

controlled, then different models would 

produce similar results, but there were 

no suggestions for what choices to make 

to control the key differences. One 

commenter specifically asked for 

estimates that quantify losses to 

consumer welfare. Two commenters 

mentioned the importance of taking into 

account any losses in vehicle attributes 

due to increasing fuel economy, but 

without specific guidance for how to do 

so. Some commenters, including some 

who supported the use of these models, 

highlighted some of the models’ 

potential limitations. Two commenters 

noted the challenges of modeling for 

vehicles that are not yet in the market. 

Most consumer vehicle choice models 

are based on existing vehicle fleets. 

Future vehicles will present 

combinations of vehicle characteristics 

not previously seen in markets, such as 

higher fuel economy and higher price 

with other characteristics constant; the 

existing models may not do well in 

predicting consumer responses to these 

changes. One comment suggested that 

the models might be sufficient for 

predicting changes in consumer 

purchase patterns, but not for 

calculating the welfare gains and losses 

to consumers of the changes. 

EPA has not used a consumer vehicle 

choice model for the final rule analysis, 

due to concerns we explained in the 

mstockstill on DSKB9S0YB1PROD with RULES2

Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 25513 

450This 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 typically very close together. 

451 Indeed, it is likely to be an overestimate of the 

loss to the consumer, because the consumer has 

choices other than buying the same vehicle with a 

higher price; she could choose a different vehicle, 

or decide not to buy a new vehicle. The consumer 

would choose one of those options only if the 

alternative involves less loss than paying the higher 

price. Thus, the increase in price that the consumer 

faces would be the upper bound of loss of consumer 

welfare, unless there are other changes to the 

vehicle due to the fuel economy improvements that 

make the vehicle less desirable to consumers. 

452 ‘‘EPA Staff Technical Report: Cost and 

Effectiveness Estimates of Technologies Used to 

Reduce Light-Duty Vehicle Carbon Dioxide 

Emissions,’’ EPA 420–R–08–008; NHTSA 2011 

CAFE FRM is at 74 FR 14196; both documents are 

contained in Docket EPA–HQ–OAR–2009–0472. 

proposal (and discussed in Chapter 8.1 

of the RIA), and because no new 

information became available to resolve 

those concerns. It is likely that variation 

exists in measuring consumer response 

to changes in fuel economy as well as 

other vehicle characteristics, such as 

performance. Thus, there does not 

appear to be evidence at this time to 

develop robust estimates of consumer 

welfare effects of changes in vehicle 

attributes. As noted earlier, EPA’s and 

NHTSA’s cost estimates are based on 

maintaining these other vehicle 

attributes. Comments generally 

supported the finding that our cost and 

technology estimates succeeded in 

maintaining these other attributes. 

EPA will continue its efforts to review 

the literature, but, given the known 

difficulties, EPA has not conducted an 

analysis using these models for this 

program. These issues are discussed in 

detail in RIA Chapter 8.1.2. 

The next issue is the potential for loss 

in consumer welfare due to the rule. As 

mentioned above (and discussed more 

thoroughly in Section III.D of this 

preamble), 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 analysis assumes that 

the full technology costs are passed 

along to consumers. With these 

assumptions, because welfare losses are 

monetary estimates of how much 

consumers would have to be 

compensated to be made as well off as 

in the absence of the change,450 the 

price increase measures the loss to the 

consumer.451 Assuming that the full 

technology cost gets passed along to the 

consumer as an increase in price, the 

technology cost thus measures the 

welfare loss to the consumer. Increasing 

fuel economy would have to lead to 

other changes in the vehicles that 

consumers find undesirable for there to 

be additional losses not included in the 

technology costs. 

At this time EPA has no available 

methods to estimate potential additional 

effects on consumers not included in 

the technology cost estimates, e.g., due 

to changes in vehicles that consumers 

find undesirable, shifts in consumer 

demand for other attributes, and 

uncertainties about the long term 

reliability of new technologies. 

Comments on the rule generally 

supported EPA’s analysis of the 

technology costs and the assumption 

that other vehicle characteristics were 

not adversely affected. Any consumer 

welfare loss cannot be quantified at this 

time. For reasons stated above, EPA 

believes that any such loss is likely far 

smaller than the private gains, including 

fuel savings and reduced refueling time. 

Chapter 8.1 of the RIA discusses in 

more depth the research on the Energy 

Paradox and the state of the art of 

consumer vehicle choice modeling. 

2. Costs Associated With the Vehicle 

Program 

In this section, EPA presents our 

estimate of the costs associated with the 

final vehicle program. The presentation 

here summarizes the costs associated 

with the new vehicle technology 

expected to be added to meet the new 

GHG standards, including hardware 

costs to comply with the A/C credit 

program. The analysis summarized here 

provides our estimate of incremental 

costs on a per vehicle basis and on an 

annual total basis. 

The presentation here summarizes the 

outputs of the OMEGA model that was 

discussed in some detail in Section III.D 

of this preamble. For details behind the 

analysis such as the OMEGA model 

inputs and the estimates of costs 

associated with individual technologies, 

the reader is directed to Chapters 1 and 

2 of the RIA, and Chapter 3 of the Joint 

TSD. For more detail on the outputs of 

the OMEGA model and the overall 

vehicle program costs summarized here, 

the reader is directed to Chapters 4 and 

7 of the RIA. 

With respect to the cost estimates for 

vehicle technologies, EPA notes that, 

because these estimates relate to 

technologies which are in most cases 

already available, these cost estimates 

are technically robust. Some comments 

were received that addressed the 

technology costs that served as inputs to 

the OMEGA model as was mentioned in 

Section II.E. While those comments did 

not result in changes to the technology 

cost inputs, the technology cost 

estimates for a select group of 

technologies have changed since the 

NPRM thus changing the vehicle 

program costs presented here. These 

changes, as summarized in Section II.E 

and in Chapter 3 of the Joint TSD, were 

made in response to updated cost 

estimates, from the FEV teardown study, 

available to the agencies shortly after 

publication of the NPRM, not in 

response to comments. Those cost 

changes are summarized in Section II.E 

and in Chapter 3 of the Joint TSD. EPA 

believes that we have been conservative 

in estimating the vehicle hardware costs 

associated with this rule. 

With respect to the aggregate cost 

estimations presented in Section 

III.H.2.b, EPA notes that there are a 

number of areas where the results of our 

analysis may be conservative and, in 

general, EPA believes we have 

directionally overestimated the costs of 

compliance with these new standards, 

especially in not accounting for the full 

range of credit opportunities available to 

manufacturers. For example, some cost 

saving programs are considered in our 

analysis, such as full car/truck trading, 

while others are not, such as early credit 

generation and advanced vehicle 

technology credits. 

a. Vehicle Compliance Costs Associated 

With the CO2 Standards 

For the technology and vehicle 

package costs associated with adding 

new CO2-reducing technology to 

vehicles, EPA began with EPA’s 2008 

Staff Report and NHTSA’s 2011 CAFE 

FRM both of which presented costs 

generated using existing literature, 

meetings with manufacturers and parts 

suppliers, and meetings with other 

experts in the field of automotive cost 

estimation.452 EPA has updated some of 

those technology costs with new 

information from our contract with FEV, 

through further discussion with 

NHTSA, and by converting from 2006 

dollars to 2007 dollars using the GDP 

price deflator. The estimated costs 

presented here represent the 

incremental costs associated with this 

rule relative to what the future vehicle 

fleet would be expected to look like 

absent this rule. A more detailed 

description of the factors considered in 

our reference case is presented in 

Section III.D. 

The estimates of vehicle compliance 

costs cover the years of implementation 

of the program—2012 through 2016. 

EPA has also estimated compliance 

costs for the years following 

implementation so that we can shed 

mstockstill on DSKB9S0YB1PROD with RULES2

25514 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 

453Note that the assumption made here is that the 

standards would continue to apply for years beyond 

2016 so that new vehicles sold in model years 2017 

and later would continue to incur costs as a result 

of this rule. Those costs are estimated to get lower 

in 2022 because some of the indirect costs 

attributable to this rule in the years prior to 2022 

would be eliminated in 2022 and later. 

454Need to add the recent reference for this study 

by RTI. Alex Rogozhin et al., Automobile Industry 

Regail Price Equivalent and Indirect Cost 

Multipliers. Prepared for EPA by RTI International 

and Transportation Research Institute, University of 

Michigan. EPA–420–R–09–003, February 2009 

(Docket EPA–HQ–OAR–2009–0472). 455 Gloria Helfand and Todd Sherwood, 

‘‘Documentation of the Development of Indirect 

Cost Multipliers for Three Automotive 

Technologies,’’ Office of Transportation and Air 

Quality, U.S. EPA, August 2009 (Docket EPA–HQ– 

OAR–2009–0472). 456The RPE is based on the historical relationship 

between direct costs and consumer prices; it is 

intended to reflect the average markup over time 

required to sustain the industry as a viable 

operation. Unlike the RPE approach, the ICM 

focuses more narrowly on the changes that are 

required in direct response to regulation-induced 

vehicle design changes which may not directly 

influence all of the indirect costs that are incurred 

in the normal course of business. For example, an 

RPE markup captures all indirect costs including 

costs such as the retirement benefits of retired 

employees. However, the retirement benefits for 

retired employees are not expected to change as a 

result of a new GHG regulation and, therefore, those 

indirect costs should not increase in relation to 

newly added hardware in response to a regulation. 

light on the long term (2022 and later) 

cost impacts of the program.453 EPA 

used the year 2022 here because our 

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. Some of the 

individual technology cost estimates are 

presented in brief in Section III.D, and 

account for both the direct and indirect 

costs incurred in the automobile 

manufacturing and dealer industries (for 

a complete presentation of technology 

costs, please refer to Chapter 3 of the 

Joint TSD). To account for the indirect 

costs, EPA has applied an indirect cost 

markup (ICM) factor to all of our direct 

costs to arrive at the estimated 

technology cost.454 The ICM factors 

used range from 1.11 to 1.64 in the 

short-term (2012 through 2021), 

depending on the complexity of the 

given technology, to account for 

differences in the levels of R&D, tooling, 

and other indirect costs that will be 

incurred. Once the program has been 

fully 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 

years following full implementation. 

The ICM factors used range from 1.07 to 

1.39 in the long-term (2022 and later) 

depending on the complexity of the 

given technology.455 Note that the shortterm ICMs are used in the 2012 through 

2016 years of implementation and 

continue through 2021. EPA does this 

since the standards are still being 

implemented during the 2012 through 

2016 model years. Therefore, EPA 

considers the five year period following 

full implementation also to be shortterm. Note that, in general the 

comments received were supportive of 

our use of ICMs as opposed to the more 

traditional Retail Price Equivalent 

(RPE).456 However, we did receive some 

comment that we applied inappropriate 

ICM factors to some technologies. We 

have not changed our approach in 

response to those comments as 

explained in greater detail in our 

Response to Comments document. 

EPA has also considered the impacts 

of manufacturer learning on the 

technology cost estimates. Consistent 

with past EPA rulemakings, EPA has 

estimated that some costs would decline 

by 20 percent with each of the first two 

doublings of production beginning with 

the first year of implementation. These 

volume-based cost declines, which EPA 

calls ‘‘volume’’ based learning, take 

place after manufacturers have had the 

opportunity to find ways to improve 

upon their manufacturing processes or 

otherwise manufacture these 

technologies in a more efficient way. 

After two 20 percent cost reduction 

steps, the cost reduction learning curve 

flattens out considerably as only minor 

improvements in manufacturing 

techniques and efficiencies remain to be 

had. By then, costs decline roughly 

three percent per year as manufacturers 

and suppliers continually strive to 

reduce costs. These time-based cost 

declines, which EPA calls ‘‘time’’ based 

learning, take place at a rate of three 

percent per year. EPA has considered 

learning impacts on most but not all of 

the technologies expected to be used 

because some of the expected 

technologies are already used rather 

widely in the industry and, presumably, 

learning impacts have already occurred. 

EPA has considered volume-based 

learning for only a handful of 

technologies that EPA considers to be 

new or emerging technologies such as 

the hybrids and electric vehicles. For 

most technologies, EPA has considered 

them to be more established given their 

current use in the fleet and, hence, we 

have applied the lower time based 

learning. We have more discussion of 

our learning approach and the 

technologies to which we have applied 

which type of learning in Chapter 3 of 

the Joint TSD. 

The technology cost estimates 

discussed in Section III.D and detailed 

in Chapter 3 of the Joint TSD are used 

to build up technology package cost 

estimates which are then used as inputs 

to the OMEGA model. EPA discusses 

our technology packages and package 

costs in Chapter 1 of the RIA. The model 

determines what level of CO2

improvement is required considering 

the reference case for each 

manufacturer’s fleet. The vehicle 

compliance costs are the outputs of the 

model and take into account FFV credits 

through 2015, TLAAS, full car/truck 

trading, and the A/C credit program. 

Table III.H.2–1 presents the fleet average 

incremental vehicle compliance costs 

for this rule. As the table indicates, 

2012–2016 costs increase every year as 

the standards become more stringent. 

Costs per car and per truck then remain 

stable through 2021 while cost per 

vehicle (car/truck combined) decline 

slightly as the fleet mix trends slowly to 

increasing car sales. In 2022, costs per 

car and per truck decline as the longterm ICM is applied because some 

indirect costs decrease or are no longer 

considered attributable to the program 

(e.g., warranty costs go down). Costs per 

car and per truck remain constant 

thereafter while the cost per vehicle 

declines slightly as the fleet continues 

to trend toward cars. By 2030, 

projections of fleet mix changes become 

static and the cost per vehicle remains 

constant. EPA has a more detailed 

presentation of vehicle compliance costs 

on a manufacturer by manufacturer 

basis in Chapter 6 of the RIA. 

TABLE III.H.2–1—INDUSTRY AVERAGE VEHICLE COMPLIANCE COSTS ASSOCIATED WITH THE TAILPIPE CO2 STANDARDS

[$/vehicle in 2007 dollars] 

Calendar year $/car $/truck 

$/vehicle 

(car & truck 

combined) 

2012 ......................................................................................................................................................... $342 $314 $331 

mstockstill on DSKB9S0YB1PROD with RULES2

Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 25515 

TABLE III.H.2–1—INDUSTRY AVERAGE VEHICLE COMPLIANCE COSTS ASSOCIATED WITH THE TAILPIPE CO2 STANDARDS— 

Continued 

[$/vehicle in 2007 dollars] 

Calendar year $/car $/truck 

$/vehicle 

(car & truck 

combined) 

2013 ......................................................................................................................................................... 507 496 503 

2014 ......................................................................................................................................................... 631 652 639 

2015 ......................................................................................................................................................... 749 820 774 

2016 ......................................................................................................................................................... 869 1,098 948 

2017 ......................................................................................................................................................... 869 1,098 947 

2018 ......................................................................................................................................................... 869 1,098 945 

2019 ......................................................................................................................................................... 869 1,098 943 

2020 ......................................................................................................................................................... 869 1,098 940 

2021 ......................................................................................................................................................... 869 1,098 939 

2022 ......................................................................................................................................................... 817 1,032 882 

2030 ......................................................................................................................................................... 817 1,032 878 

2040 ......................................................................................................................................................... 817 1,032 875 

2050 ......................................................................................................................................................... 817 1,032 875 

b. Annual Costs of the Vehicle Program 

The costs presented here represent the 

incremental costs for newly added 

technology to comply with the final 

program. Together with the projected 

increases in car and light-truck sales, 

the increases in per-vehicle average 

costs shown in Table III.H.2–1 above 

result in the total annual costs reported 

in Table III.H.2–2 below. Note that the 

costs presented in Table III.H.2–2 do not 

include the savings that would occur as 

a result of the improvements to fuel 

consumption. Those impacts are 

presented in Section III.H.4. 

TABLE III.H.2–2—QUANTIFIED ANNUAL

COSTS ASSOCIATED WITH THE VEHICLE PROGRAM

[$Millions of 2007 dollars] 

Year Quantified 

annual costs 

2012 ...................................... $4,900 

2013 ...................................... 8,000 

2014 ...................................... 10,300 

2015 ...................................... 12,700 

2016 ...................................... 15,600 

2020 ...................................... 15,600 

TABLE III.H.2–2—QUANTIFIED ANNUAL

COSTS ASSOCIATED WITH THE VEHICLE PROGRAM—Continued 

[$Millions of 2007 dollars] 

Year Quantified 

annual costs 

2030 ...................................... 15,800 

2040 ...................................... 17,400 

2050 ...................................... 19,000 

NPV, 3% ............................... 345,900 

NPV, 7% ............................... 191,900 

3. Cost per Ton of Emissions Reduced 

EPA has calculated the cost per ton of 

GHG (CO2-equivalent, or CO2e) 

reductions associated with this rule 

using the above costs and the emissions 

reductions described in Section III.F. 

More detail on the costs, emission 

reductions, and the cost per ton can be 

found in the RIA and Joint TSD. EPA 

has calculated the cost per metric ton of 

GHG emissions reductions in the years 

2020, 2030, 2040, and 2050 using the 

annual vehicle compliance costs and 

emission reductions for each of those 

years. The value in 2050 represents the 

long-term cost per ton of the emissions 

reduced. EPA has also calculated the 

cost per metric ton of GHG emission 

reductions including the savings 

associated with reduced fuel 

consumption (presented below in 

Section III.H.4). This latter calculation 

does not include the other benefits 

associated with this rule such as those 

associated with criteria pollutant 

reductions or energy security benefits as 

discussed later in sections III.H.4 

through III.H.9. By including the fuel 

savings in the cost estimates, the cost 

per ton is less than $0, since the 

estimated value of fuel savings 

outweighs the vehicle program costs. 

With regard to the CH4 and N2O 

standards, since these standards will be 

emissions caps designed to ensure that 

manufacturers do not backslide from 

current levels, EPA has not estimated 

costs associated with the standards 

(since the standards will not require any 

change from current practices nor does 

EPA estimate they will result in 

emissions reductions). 

The results for CO2e costs per ton 

under the rule are shown in Table 

III.H.3–1. 

TABLE III.H.3–1—ANNUAL COST PER METRIC TON OF CO2e REDUCED, IN $2007 DOLLARS

Year 

Vehicle program cost a

($millions) 

Fuel savings b

($millions) 

CO2e reduced 

(million metric 

tons) 

Cost per ton of 

the vehicle 

program only a

Cost per ton of 

the vehicle 

program with 

fuel savings b

2020 ..................................................................................... $15,600 ¥$35,700 160 $100 ¥$130 

2030 ..................................................................................... 15,800 ¥79,800 310 50 ¥210 

2040 ..................................................................................... 17,400 ¥119,300 400 40 ¥250 

2050 ..................................................................................... 19,000 ¥171,200 510 40 ¥300 

a Costs here include vehicle compliance costs and do not include any fuel savings. 

bFuel savings calculated using pre-tax fuel prices. 

mstockstill on DSKB9S0YB1PROD with RULES2

25516 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 

457Energy Information Administration. Annual 

Energy Outlook 2010 Early Release. Supplemental 

Transportation Tables. December 2009. http:// 

www.eia.doe.gov/oiaf/aeo/supplement/sup_tran.xls. 

4. Reduction in Fuel Consumption and 

Its Impacts 

a. What are the projected changes in fuel 

consumption? 

The new CO2 standards will result in 

significant improvements in the fuel 

efficiency of affected vehicles. Drivers of 

those vehicles will see corresponding 

savings associated with reduced fuel 

expenditures. EPA has estimated the 

impacts on fuel consumption for both 

the tailpipe CO2 standards and the A/C 

credit program. To do this, fuel 

consumption is calculated using both 

current CO2 emission levels and the 

new CO2 standards. The difference 

between these estimates represents the 

net savings from the CO2 standards. 

Note that the total number of miles that 

vehicles are driven each year is different 

under each of the control case scenarios 

than in the reference case due to the 

‘‘rebound effect,’’ which is discussed in 

Section III.H.4.c. EPA also notes that 

consumers who drive more than our 

average estimates for vehicle miles 

traveled (VMT) will experience more 

fuel savings; consumers who drive less 

than our average VMT estimates will 

experience less fuel savings. 

The expected impacts on fuel 

consumption are shown in Table 

III.H.4–1. The gallons shown in the 

tables reflect impacts from the new CO2

standards, including the A/C credit 

program, and include increased 

consumption resulting from the rebound 

effect. 

TABLE III.H.4–1—FUEL CONSUMPTION

IMPACTS OF THE VEHICLE STANDARDS AND A/C CREDIT PROGRAMS

[Million gallons] 

Year Total 

2012 .......................................... 550 

2013 .......................................... 1,320 

2014 .......................................... 2,330 

2015 .......................................... 3,750 

2016 .......................................... 5,670 

2020 .......................................... 12,590 

2030 .......................................... 24,730 

2040 .......................................... 32,620 

2050 .......................................... 41,520 

b. What are the monetized fuel savings? 

Using the fuel consumption estimates 

presented in Section III.H.4.a, EPA can 

calculate the monetized fuel savings 

associated with the CO2 standards. To 

do this, we multiply reduced fuel 

consumption in each year by the 

corresponding estimated average fuel 

price in that year, using the reference 

case taken from the AEO 2010 Early 

Release.457 AEO is the government 

consensus estimate used by NHTSA and 

many other government agencies to 

estimate the projected price of fuel. EPA 

has done this calculation using both the 

pre-tax and post-tax fuel prices. Since 

the post-tax fuel prices are what 

consumers pay, the fuel savings 

calculated using these prices represent 

the savings consumers will see. The pretax fuel savings are those savings that 

society will see. These results are shown 

in Table III.H.4–2. Note that in Section 

III.H.10, EPA presents the benefit-cost of 

the rule and, for that reason, presents 

only the pre-tax fuel savings. 

TABLE III.H.4–2—ESTIMATED MONETIZED FUEL SAVINGS

[Millions of 2007 dollars] 

Calendar year Fuel savings 

(pre-tax) 

Fuel savings 

(post-tax) 

2012 ......................................................................................................................................................................... $1,137 $1,400 

2013 ......................................................................................................................................................................... 2,923 3,800 

2014 ......................................................................................................................................................................... 5,708 6,900 

2015 ......................................................................................................................................................................... 9,612 11,300 

2016 ......................................................................................................................................................................... 14,816 17,400 

2020 ......................................................................................................................................................................... 35,739 41,100 

2030 ......................................................................................................................................................................... 79,838 89,100 

2040 ......................................................................................................................................................................... 119,324 131,700 

2050 ......................................................................................................................................................................... 171,248 186,300 

NPV, 3% .................................................................................................................................................................. 1,545,638 1,723,900 

NPV, 7% .................................................................................................................................................................. 672,629 755,700 

As shown in Table III.H.4–2, EPA is 

projecting that consumers would realize 

very large fuel savings as a result of the 

standards contained in this rule. As 

discussed further in Section III.H.1, it is 

a conundrum from an economic 

perspective that these large fuel savings 

have not been provided by automakers 

and purchased by consumers. A number 

of behavioral and market phenomena 

may lead to this disparity between the 

fuel economy that makes financial sense 

to consumers and the fuel economy they 

purchase. Regardless how consumers 

make their decisions on how much fuel 

economy to purchase, EPA expects that, 

in the aggregate, they will gain these 

fuel savings, which will provide actual 

money in consumers’ pockets. We 

received considerable comment on this 

issue, as discussed in Section III.H.1, 

and the issue is discussed further in 

Chapter 8 of the RIA. 

c. VMT Rebound Effect 

The fuel economy rebound effect 

refers to the fraction of fuel savings 

expected to result from an increase in 

vehicle fuel economy, particularly one 

required by higher fuel efficiency 

standards, that is offset by additional 

vehicle use. The increase in vehicle use 

occurs because higher fuel economy 

reduces the fuel cost of driving, which 

is typically the largest single component 

of the monetary cost of operating a 

mstockstill on DSKB9S0YB1PROD with RULES2

Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 25517 

458Small, K. and K. Van Dender, 2007a. ‘‘Fuel 

Efficiency and Motor Vehicle Travel: The Declining 

Rebound Effect’’, The Energy Journal, vol. 28, no. 1, 

pp. 25–51 (Docket EPA–HQ–OAR–2009–0472– 

0018). 

459Sorrell, S. and J. Dimitropoulos, 2007. 

‘‘UKERC Review of Evidence for the Rebound Effect, 

Technical Report 2: Econometric Studies’’, UKERC/ 

WP/TPA/2007/010, UK Energy Research Centre, 

London, October (Docket EPA–HQ–OAR–2009– 

0472–0012). 

460Report by Kenneth A. Small of University of 

California at Irvine to EPA, ‘‘The Rebound Effect 

from Fuel Efficiency Standards: Measurement and 

Projection to 2030’’, June 12, 2009 (Docket EPA– 

HQ–OAR–2009–0472–0002). 

461Revised Report by David Greene of Oak Ridge 

National Laboratory to EPA, ‘‘Rebound 2007: 

Analysis of National Light-Duty Vehicle Travel 

Statistics,’’ February 9, 2010 (Docket EPA–HQ– 

OAR–2009–0472–0220). This paper has been 

accepted for an upcoming special issue of Energy 

Policy, although the publication date has not yet 

been determined. 

462 Kleit A.N., 1990. ‘‘The Effect of Annual 

Changes in Automobile Fuel Economy Standards.’’ 

Journal of Regulatory Economics 2: 151–172 

(Docket EPA–HQ–OAR–2009–0472–0015); 

McCarthy, Patrick S., 1996. ‘‘Market Price and 

Income Elasticities of New Vehicle Demands.’’ 

Review of Economics and Statistics 78: 543–547 

(Docket EPA–HQ–OAR–2009–0472–0016); 

Goldberg, Pinelopi K., 1998. ‘‘The Effects of the 

Corporate Average Fuel Efficiency Standards in the 

U.S.,’’ Journal of Industrial Economics 46(1): 1–33 

(Docket EPA–HQ–OAR–2009–0472–0017). 

463See, for instance, Gron, Ann, and Deborah 

Swenson, 2000. ‘‘Cost Pass-Through in the U.S. 

Automobile Market,’’ Review of Economics and 

Statistics 82: 316–324 (Docket EPA–HQ–OAR– 

2009–0472–0007). 

vehicle, and vehicle owners respond to 

this reduction in operating costs by 

driving slightly more. 

For this rule, EPA is using an estimate 

of 10% for the rebound effect. This 

value is based on the most recent time 

period analyzed in the Small and Van 

Dender 2007 paper,458 and falls within 

the range of the larger body of historical 

work on the rebound effect.459 Recent 

work by David Greene on the rebound 

effect for light-duty vehicles in the U.S. 

further supports the hypothesis that the 

rebound effect is decreasing over 

time.460 If we were to use a dynamic 

estimate of the future rebound effect, 

our analysis shows that the rebound 

effect could be in the range of 5% or 

lower.461 The rebound effect is also 

further discussed in Chapter 4 of the 

Joint TSD which reviews the relevant 

literature and discusses in more depth 

the reasoning for the rebound values 

used here. 

We received several comments on the 

proposed value of the rebound effect. 

The California Air Resources Board 

(CARB) and the New Jersey Department 

of Environmental Protection supported 

the use of a 10% rebound effect, 

although CARB encouraged EPA to 

consider lowering the value to 5%. 

Other commenters, such as the Missouri 

Department of Natural Resources, the 

International Council on Clean 

Transportation (ICCT), the Center for 

Biological Diversity, and the Consumer 

Federation of America, recommended 

using a lower rebound effect. ICCT 

specifically recommended that the 

dynamic rebound effect methodology 

utilized by Small & Van Dender was the 

most appropriate methodology, which 

would support a rebound effect of 5% 

or lower. In contrast, the National 

Association of Dealerships asserted that 

the rebound effect should be higher 

(e.g., in the lower range of the 15–30% 

historical range), but did not submit any 

data to support this claim. 

While we appreciate the input 

provided by commenters, we did not 

receive any new data or analysis to 

justify revising our initial estimates of 

the rebound effect at this time. Based on 

the positive comments we received, we 

will continue using the dynamic 

rebound effect to help inform our 

estimate of the rebound effect in future 

rulemakings. However, given the 

relatively new nature of this analytical 

approach, we believe the larger body of 

historical studies should also be 

considered when determining the value 

of the rebound effect. As we described 

in the Technical Support Document, the 

more recent literature suggests that the 

rebound effect is 10% or lower, whereas 

the larger body of historical studies 

suggests a higher rebound effect. 

Therefore, we will continue to use the 

10% rebound effect for this rulemaking. 

However, we plan to update our 

estimate of the rebound effect in future 

rulemakings as new data becomes 

available. 

We also invited comments on whether 

we should also explore other 

alternatives for estimating the rebound 

effect, such as whether it would be 

appropriate to use the price elasticity of 

demand for gasoline to guide the choice 

of a value for the rebound effect. We 

received only one comment on this 

issue from ICCT. In their comments, 

ICCT stated that the short run elasticity 

can provide a useful point of 

comparison for rebound effect estimates, 

but it should not be used to guide the 

choice of a value for the rebound effect. 

Therefore, we have not incorporated 

this metric into our analysis. 

5. Impacts on U.S. Vehicle Sales and 

Payback Period 

a. Vehicle Sales Impacts 

This analysis compares two effects. 

On the one hand, the vehicles will 

become more expensive, which would, 

by itself, discourage sales. On the other 

hand, the vehicles will have improved 

fuel economy and thus lower operating 

costs. If consumers do not accurately 

compare the value of fuel savings with 

the increased cost of fuel economy 

technology in their vehicle purchase 

decisions, as discussed in Preamble 

III.H.1, they will continue to behave in 

this way after this rule. If auto makers 

have accurately gauged how consumers 

consider fuel economy when purchasing 

vehicles and have provided the amount 

that consumers want in vehicles, then 

consumers should not be expected to 

want the more fuel-efficient vehicles. 

After all, auto makers would have 

provided as much fuel economy as 

consumers want. If, on the other hand, 

auto makers underestimated consumer 

demand for fuel economy, as suggested 

by some commenters and discussed in 

Preamble Section III.H.1 and RIA 

Section 8.1.2, then this rule may lead to 

production of more desirable vehicles, 

and vehicle sales may increase. This 

assumption implies that auto makers 

have missed some profit-making 

opportunities. 

The methodology EPA used for 

estimating the impact on vehicle sales is 

relatively straightforward, but makes a 

number of simplifying assumptions. 

According to the literature, the price 

elasticity of demand for vehicles is 

commonly estimated to be ¥1.0.462 In 

other words, a one percent increase in 

the price of a vehicle would be expected 

to decrease sales by one percent, 

holding all other factors constant. For 

our estimates, EPA calculated the effect 

of an increase in vehicle costs due to the 

GHG standards and assumes that 

consumers will face the full increase in 

costs, not an actual (estimated) change 

in vehicle price. (The estimated 

increases in vehicle cost due to the rule 

are discussed in Section III.H.2.) This is 

a conservative methodology, since an 

increase in cost may not pass fully into 

an increase in market price in an 

oligopolistic industry such as the 

automotive sector.463 EPA also notes 

that we have not used these estimated 

sales impacts in the OMEGA Model. 

Although EPA uses the one percent 

price elasticity of demand for vehicles 

as the basis for our vehicle sales impact 

estimates, we assumed that the 

consumer would take into account both 

the higher vehicle purchasing costs as 

well as some of the fuel savings benefits 

when deciding whether to purchase a 

new vehicle. Therefore, the incremental 

cost increase of a new vehicle would be 

offset by reduced fuel expenditures over 

a certain period of time (i.e., the 

‘‘payback period’’). For the purposes of 

this rulemaking, EPA used a five-year 

payback period, which is consistent 

with the length of a typical new lightmstockstill on DSKB9S0YB1PROD with RULES2

25518 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 

464As discussed further in Section III.H.1, there 

is not a consensus in the literature on how 

consumers consider fuel economy in their vehicle 

purchases. Results are inconsistent, possibly due to 

fuel economy not being a major focus of many of 

the studies, and possibly due to sensitivity of 

results to modeling and data used. A survey by 

Greene (Greene, David L. ‘‘How Consumers Value 

Fuel Economy: A Literature Review.’’ EPA Report 

EPA–420–R–10–008, March 2010 (Docket EPA– 

HQ–OAR–2009–0472–11575)) finds that estimates 

in the literature of the value that consumers place 

on fuel economy when buying a vehicle range from 

negative—consumers would pay to reduce fuel 

economy—to more than 1000 times the value of fuel 

savings. 

duty vehicle loan.464 The one 

commenter on this analysis stated that 

use of the five-year payback period was 

reasonable. This approach may not 

accurately reflect the role of fuel savings 

in consumers’ purchase decisions, as 

the discussion in Section III.H.1 

suggests. If consumers consider fuel 

savings in a different fashion than 

modeled here, then this approach will 

not accurately reflect the impact of this 

rule on vehicle sales. 

This increase in costs has other effects 

on consumers as well: if vehicle prices 

increase, consumers will face higher 

insurance costs and sales tax, and 

additional finance costs if the vehicle is 

bought on credit. In addition, the resale 

value of the vehicles will increase. EPA 

received no comments on these 

adjustments. The only change to these 

adjustments between the NPRM and this 

discussion is an updating of the interest 

rate on auto loans. EPA estimates that, 

with corrections for these factors, the 

effect on consumer expenditures of the 

cost of the new technology should be 

0.914 times the cost of the technology at 

a 3% discount rate, and 0.876 times the 

cost of the technology at a 7% discount 

rate. The details of this calculation are 

in the RIA, Chapter 8.1. 

Once the cost estimates are adjusted 

for these additional factors, the fuel cost 

savings associated with the rule, 

discussed in Section III.H.4, are 

subtracted to get the net effect on 

consumer expenditures for a new 

vehicle. With the assumed elasticity of 

demand of ¥1, the percent change in 

this ‘‘effective price,’’ estimated as the 

adjusted increase in cost, is equal to the 

negative of the percent change in 

vehicle purchases. The net effect of this 

calculation is in Table III.H.5–1 and 

Table III.H.5–2. The values have 

changed slightly from the NPRM, due to 

changes in fuel prices and fuel savings, 

technology costs, and baseline vehicle 

sales projections, in addition to the 

adjustment in financing costs. 

The estimates provided in Table 

III.H.5–1 and Table III.H.5–2 are meant 

to be illustrative rather than a definitive 

prediction. When viewed at the 

industry-wide level, they give a general 

indication of the potential impact on 

vehicle sales. As shown below, the 

overall impact is positive and growing 

over time for both cars and trucks. 

Because the fuel savings associated with 

this rule are expected to exceed the 

technology costs, the effective prices of 

vehicles (the adjusted increase in 

technology cost less the fuel savings 

over five years) to consumers will fall, 

and consumers will buy more new 

vehicles. As a result, the lower net cost 

of the vehicles is projected to lead to an 

increase in sales for both cars and 

trucks. 

As discussed above, this result 

depends on the assumption that more 

fuel efficient vehicles that yield net 

consumer benefits over five years would 

not otherwise be offered on the vehicle 

market due to market failures on the 

part of vehicle manufacturers. If 

vehicles that achieve the fuel economy 

standards prescribed by today’s 

rulemaking would already be available, 

but consumers chose not to purchase 

them, then this rulemaking would not 

result in an increase in vehicle sales, 

because it does not alter how consumers 

make decisions about which vehicles to 

purchase. In addition, this analysis has 

not accounted for a number of factors 

that might affect consumer vehicle 

purchases, such as changing market 

conditions, changes in vehicle 

characteristics that might accompany 

improvements in fuel economy, or 

consumers considering a different 

‘‘payback period’’ for their fuel economy 

purchases. If consumers use a shorter 

payback period, the sales impacts will 

be less positive, possibly negative; if 

consumers use a higher payback period, 

the impacts will be more positive. Also, 

this is an aggregate analysis; some 

individual consumers (those who drive 

less than estimated here) will face lower 

net benefits, while others (who drive 

more than estimated here) will have 

even greater savings. These 

complications add considerable 

uncertainty to our vehicle sales impact 

analysis. 

TABLE III.H.5–1—VEHICLE SALES IMPACTS USING A 3% DISCOUNT RATE

Change in 

car sales % Change Change in truck sales % Change 

2012 ................................................................................................................................. 67,500 0.7 62,100 1.1 

2013 ................................................................................................................................. 76,000 0.8 190,200 3.2 

2014 ................................................................................................................................. 114,000 1.1 254,900 4.3 

2015 ................................................................................................................................. 222,200 2.1 352,800 6.1 

2016 ................................................................................................................................. 360,500 3.3 488,000 8.6 

Table III.H.5–1 shows the impacts on 

new vehicle sales using a 3% discount 

rate. The fuel savings over five years are 

always higher than the technology costs. 

Although both cars and trucks show 

very small effects initially, over time 

vehicle sales become increasingly 

positive, as increased fuel prices make 

improved fuel economy more desirable. 

The increases in sales for trucks are 

larger than the increases for trucks 

(except in 2012) in both absolute 

numbers and percentage terms. 

TABLE III.H.5–2—NEW VEHICLE SALES IMPACTS USING A 7% DISCOUNT RATE

Change in 

car sales % Change Change in truck sales % Change 

2012 ............................................................................................................................. 62,800 0 .7 58,300 1 

2013 ............................................................................................................................. 70,500 0 .7 92,300 1 .5 

2014 ............................................................................................................................. 106,100 1 127,700 2 .1 

mstockstill on DSKB9S0YB1PROD with RULES2

Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 25519 

TABLE III.H.5–2—NEW VEHICLE SALES IMPACTS USING A 7% DISCOUNT RATE—Continued 

Change in 

car sales % Change Change in truck sales % Change 

2015 ............................................................................................................................. 208,400 2 194,200 3 .3 

2016 ............................................................................................................................. 339,400 3 .1 280,000 4 .9 

Table III.H.5–2 shows the impacts on 

new vehicle sales using a 7% interest 

rate. While a 7% interest rate shows 

slightly lower impacts than using a 3% 

discount rate, the results are 

qualitatively similar to those using a 3% 

discount rate. Sales increase for every 

year. For both cars and trucks, sales 

become increasingly positive over time, 

as higher fuel prices make improved 

fuel economy more valuable. The car 

market grows more than the truck 

market in absolute numbers, but less on 

a percentage basis. 

The effect of this rule on the use and 

scrappage of older vehicles will be 

related to its effects on new vehicle 

prices, the fuel efficiency of new vehicle 

models, and the total sales of new 

vehicles. If the value of fuel savings 

resulting from improved fuel efficiency 

to the typical potential buyer of a new 

vehicle outweighs the average increase 

in new models’ prices, sales of new 

vehicles will rise, while scrappage rates 

of used vehicles will increase slightly. 

This will cause the ‘‘turnover’’ of the 

vehicle fleet (i.e., the retirement of used 

vehicles and their replacement by new 

models) to accelerate slightly, thus 

accentuating the anticipated effect of the 

rule on fleet-wide fuel consumption and 

CO2 emissions. However, if potential 

buyers value future fuel savings 

resulting from the increased fuel 

efficiency of new models at less than the 

increase in their average selling price, 

sales of new vehicles will decline, as 

will the rate at which used vehicles are 

retired from service. This effect will 

slow the replacement of used vehicles 

by new models, and thus partly offset 

the anticipated effects of this rule on 

fuel use and emissions. 

Because the agencies are uncertain 

about how the value of projected fuel 

savings from this rule to potential 

buyers will compare to their estimates 

of increases in new vehicle prices, we 

have not attempted to estimate 

explicitly the effects of the rule on 

scrappage of older vehicles and the 

turnover of the vehicle fleet. 

A detailed discussion of the vehicle 

sales impacts methodology is provided 

in the Chapter 8 of EPA’s RIA. 

b. Consumer Payback Period and 

Lifetime Savings on New Vehicle 

Purchases 

Another factor of interest is the 

payback period on the purchase of a 

new vehicle that complies with the new 

standards. In other words, how long 

would it take for the expected fuel 

savings to outweigh the increased cost 

of a new vehicle? For example, a new 

2016 MY vehicle is estimated to cost 

$948 more (on average, and relative to 

the reference case vehicle) due to the 

addition of new GHG reducing 

technology (see Section III.D.6 for 

details on this cost estimate). This new 

technology will result in lower fuel 

consumption and, therefore, savings in 

fuel expenditures (see Section III.H.10) 

for details on fuel savings). But how 

many months or years would pass 

before the fuel savings exceed the 

upfront cost of $948? 

Table III.H.5–3 provides the answer to 

this question for a vehicle purchaser 

who pays for the new vehicle upfront in 

cash (we discuss later in this section the 

payback period for consumers who 

finance the new vehicle purchase with 

a loan). The table uses annual miles 

driven (vehicle miles traveled, or VMT) 

and survival rates consistent with the 

emission and benefits analyses 

presented in Chapter 4 of the Joint TSD. 

The control case includes rebound VMT 

but the reference case does not, 

consistent with other parts of the 

analysis. Also included are fuel savings 

associated with A/C controls (in the 

control case only). Not included here 

are the likely A/C-related maintenance 

savings as discussed in Chapter 2 of 

EPA’s RIA. Further, this analysis does 

not include other societal impacts such 

as the value of increased driving, or 

noise, congestion and accidents since 

the focus is meant to be on those factors 

consumers think about most while in 

the showroom considering a new car 

purchase. Car/truck fleet weighting is 

handled as described in Chapter 1 of the 

Joint TSD. As can be seen in the table, 

it will take under 3 years (2 years and 

7 months at a 3% discount rate, 2 years 

and 9 months at a 7% discount rate) for 

the cumulative discounted fuel savings 

to exceed the upfront increase in vehicle 

cost. More detail on this analysis can be 

found in Chapter 8 of EPA’s RIA. 

TABLE III.H.5–3—PAYBACK PERIOD ON A 2016 MY NEW VEHICLE PURCHASE VIA CASH

[2007 dollars] 

Year of ownership Increased 

vehicle cost a

Annual fuel 

savings b

Cumulative 

discounted 

fuel savings at 

3% 

Cumulative 

discounted 

fuel savings at 

7% 

1 ....................................................................................................................... $1,018 $424 $418 $410 

2 ....................................................................................................................... ........................ $420 $820 $790 

3 ....................................................................................................................... ........................ $414 $1,204 $1,139 

4 ....................................................................................................................... ........................ $402 $1,567 $1,457 

a Increased vehicle cost due to the rule is $948; the value here includes nationwide average sales tax of 5.3% and increased insurance premiums of 1.98%; both of these percentages are discussed in Section 8.1.1 of EPA’s RIA. b Calculated using AEO 2010 Early Release reference case fuel price including taxes. 

However, most people purchase a 

new vehicle using credit rather than 

paying cash up front. The typical car 

loan today is a five year, 60 month loan. 

As of February 9, 2010, the national 

average interest rate for a 5 year new car 

loan was 6.54 percent. If the increased 

vehicle cost is spread out over 5 years 

at 6.54 percent, the analysis would look 

like that shown in Table III.H.5–4. As 

can be seen in this table, the fuel 

savings immediately outweigh the 

mstockstill on DSKB9S0YB1PROD with RULES2

25520 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 

increased payments on the car loan, 

amounting to $177 in discounted net 

savings (3% discount rate) in the first 

year and similar savings for the next two 

years before reduced VMT starts to 

cause the fuel savings to fall. Results are 

similar using a 7% discount rate. This 

means that for every month that the 

average owner is making a payment for 

the financing of the average new vehicle 

their monthly fuel savings would be 

greater than the increase in the loan 

payments. This amounts to a savings on 

the order of $9 to $15 per month 

throughout the duration of the 5 year 

loan. Note that in year six when the car 

loan is paid off, the net savings equal 

the fuel savings (as would be the case 

for the remaining years of ownership). 

TABLE III.H.5–4—PAYBACK PERIOD ON A 2016 MY NEW VEHICLE PURCHASE VIA CREDIT

[2007 dollars] 

Year of ownership Increased vehicle cost a

Annual fuel 

savings b

Annual discounted net 

savings at 

3% 

Annual discounted net 

savings at 

7% 

1 ....................................................................................................................... $245 $424 $177 $173 

2 ....................................................................................................................... $245 $420 $167 $158 

3 ....................................................................................................................... $245 $414 $157 $142 

4 ....................................................................................................................... $245 $402 $142 $124 

5 ....................................................................................................................... $245 $391 $127 $107 

6 ....................................................................................................................... $0 $374 $318 $258 

aThis uses the same increased cost as Table III.H.4–3 but spreads it out over 5 years assuming a 5 year car loan at 6.54 percent. b Calculated using AEO 2010 Early Release reference case fuel price including taxes. 

The lifetime fuel savings and net 

savings can also be calculated for those 

who purchase the vehicle using cash 

and for those who purchase the vehicle 

with credit. This calculation applies to 

the vehicle owner who retains the 

vehicle for its entire life and drives the 

vehicle each year at the rate equal to the 

national projected average. The results 

are shown in Table III.H.5–5. In either 

case, the present value of the lifetime 

net savings is greater than $3,100 at a 

3% discount rate, or $2,300 at a 7% 

discount rate. 

TABLE III.H.5–5—LIFETIME DISCOUNTED NET SAVINGS ON A 2016 MY NEW VEHICLE PURCHASE

[2007 dollars] 

Purchase option 

Increased discounted vehicle cost Lifetime discounted fuel 

savings b

Lifetime discounted net 

savings 

3% discount rate 

Cash ............................................................................................................................................. $1,018 $4,306 $3,303 

Credit a ......................................................................................................................................... 1,140 4,306 3,166 

7% discount rate 

Cash ............................................................................................................................................. 1,018 3,381 2,396 

Credit a ......................................................................................................................................... 1,040 3,381 2,340 

aAssumes a 5 year loan at 6.54 percent. 

bFuel savings here were calculated using AEO 2010 Early Release reference case fuel price including taxes. 

Note that throughout this consumer 

payback discussion, the average number 

of vehicle miles traveled per year has 

been used. Drivers who drive more 

miles than the average would incur fuel 

related savings more quickly and, 

therefore, the payback would come 

sooner. Drivers who drive fewer miles 

than the average would incur fuel 

related savings more slowly and, 

therefore, the payback would come 

later. 

6. Benefits of Reducing GHG Emissions 

a. Social Cost of Carbon 

In today’s final rule, EPA and NHTSA 

assigned a dollar value to reductions in 

CO2 emissions using the marginal dollar 

value of climate-related damages 

resulting from carbon emissions, also 

referred to as ‘‘social cost of carbon’’ 

(SCC). The SCC estimates used in 

today’s rule were recently developed by 

an interagency process, in which EPA 

and NHTSA participated. As part of the 

interagency group, EPA and NHTSA 

have critically evaluated the new SCC 

estimates and endorse them for use in 

these regulatory analyses, for the 

reasons presented below. The SCC TSD, 

Social Cost of Carbon for Regulatory 

Impact Analysis Under Executive Order 

12866, presents a more detailed 

description of the methodology used to 

generate the new estimates, the 

underlying assumptions, and the 

limitations of the new SCC estimates. 

Under Executive Order 12866, 

agencies are required, to the extent 

permitted by law, ‘‘to assess both the 

costs and the benefits of the intended 

regulation and, recognizing that some 

costs and benefits are difficult to 

quantify, propose or adopt a regulation 

only upon a reasoned determination 

that the benefits of the intended 

regulation justify its costs.’’ The purpose 

of the SCC estimates presented here is 

to incorporate the social benefits of 

reducing carbon dioxide (CO2) 

emissions from light-duty vehicles into 

a cost-benefit analysis of this final rule, 

which has a small, or ‘‘marginal,’’ impact 

on cumulative global emissions. The 

estimates are presented with an 

acknowledgement of the many 

mstockstill on DSKB9S0YB1PROD with RULES2

Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 25521 

465National Research Council (2009). Hidden 

Costs of Energy: Unpriced Consequences of Energy 

Production and Use. National Academies Press. 

uncertainties involved and with a clear 

understanding that they should be 

updated over time to reflect increasing 

knowledge of the science and 

economics of climate impacts. 

The interagency process that 

developed these SCC estimates involved 

a group of technical experts from 

numerous agencies, which met on a 

regular basis to consider public 

comments, explore the technical 

literature in relevant fields, and discuss 

key model inputs and assumptions. The 

main objective of this process was to 

develop a range of SCC values using a 

defensible set of input assumptions 

grounded in the existing scientific and 

economic literatures. In this way, key 

uncertainties and model differences 

transparently and consistently inform 

the range of SCC estimates used in this 

rulemaking process. 

The interagency group selected four 

SCC values for use in regulatory 

analyses, which EPA and NHTSA have 

applied to this final rule. Three values 

are based on the average SCC from three 

integrated assessment models, at 

discount rates of 2.5, 3, and 5 percent. 

The fourth value, which represents the 

95th percentile SCC estimate across all 

three models at a 3 percent discount 

rate, is included to represent higherthan-expected impacts from temperature 

change further out in the tails of the 

SCC distribution. 

TABLE III.H.6–1—SOCIAL COST OF CO2, 2010—2050a

[in 2007 dollars] 

Year 

Discount Rate 

5% Avg 3% Avg 2.5% Avg 3% 95th 

2010 ................................................................................................................................................. 5 21 35 65 

2015 ................................................................................................................................................. 6 24 38 73 

2020 ................................................................................................................................................. 7 26 42 81 

2025 ................................................................................................................................................. 8 30 46 90 

2030 ................................................................................................................................................. 10 33 50 100 

2035 ................................................................................................................................................. 11 36 54 110 

2040 ................................................................................................................................................. 13 39 58 119 

2045 ................................................................................................................................................. 14 42 62 128 

2050 ................................................................................................................................................. 16 45 65 136 

aThe SCC estimates presented above have been rounded to nearest dollar for consistency with the benefits analysis. The SCC TSD presents 

estimates rounded to the nearest tenth of a cent. 

i. Monetizing Carbon Dioxide Emissions 

The ‘‘social cost of carbon’’ (SCC) is an 

estimate of the monetized damages 

associated with an incremental increase 

in carbon emissions in a given year. It 

is intended to include (but is not limited 

to) changes in net agricultural 

productivity, human health, property 

damages from increased flood risk, and 

the value of ecosystem services. We 

report estimates of the social cost of 

carbon in dollars per metric ton of 

carbon dioxide throughout this 

document. 

When attempting to assess the 

incremental economic impacts of carbon 

dioxide emissions, the analyst faces a 

number of serious challenges. A 2009 

report from the National Academies of 

Science points out that any assessment 

will suffer from uncertainty, 

speculation, and lack of information 

about (1) future emissions of greenhouse 

gases, (2) the effects of past and future 

emissions on the climate system, (3) the 

impact of changes in climate on the 

physical and biological environment, 

and (4) the translation of these 

environmental impacts into economic 

damages.465 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. 

Despite the serious limits of both 

quantification and monetization, SCC 

estimates can be useful in estimating the 

social benefits of reducing carbon 

dioxide emissions. Under Executive 

Order 12866, agencies are required, to 

the extent permitted by law, ‘‘to assess 

both the costs and the benefits of the 

intended regulation and, recognizing 

that some costs and benefits are difficult 

to quantify, propose or adopt a 

regulation only upon a reasoned 

determination that the benefits of the 

intended regulation justify its costs.’’ 

EPA and NHTSA have used the SCC 

estimates to incorporate social benefits 

from reducing carbon dioxide emissions 

from light-duty vehicles into a costbenefit analysis of this final rule, which 

has a small, or ‘‘marginal,’’ impact on 

cumulative global emissions. Most 

Federal regulatory actions can be 

expected to have marginal impacts on 

global emissions. 

For policies that have marginal 

impacts on global emissions, the 

benefits from reduced (or costs from 

increased) emissions in any future year 

can be estimated by multiplying the 

change in emissions in that year by the 

SCC value appropriate for that year. The 

net present value of the benefits can 

then be calculated by multiplying each 

of these future benefits by an 

appropriate discount factor and 

summing across all affected years. This 

approach assumes that the marginal 

damages from increased emissions are 

constant for small departures from the 

baseline emissions path, an 

approximation that is reasonable for 

policies that have effects on emissions 

that are small relative to cumulative 

global carbon dioxide emissions. For 

policies that have a large (non-marginal) 

impact on global cumulative emissions, 

there is a separate question of whether 

the SCC is an appropriate tool for 

calculating the benefits of reduced 

emissions; we do not attempt to answer 

that question here. 

As noted above, the interagency group 

convened on a regular basis to consider 

public comments, explore the technical 

literature in relevant fields, and discuss 

key inputs and assumptions in order to 

generate SCC estimates. In addition to 

EPA and NHTSA, agencies that actively 

participated in the interagency process 

included the Departments of 

Agriculture, Commerce, Energy, and 

Treasury. This process was convened by 

the Council of Economic Advisers and 

the Office of Management and Budget, 

with active participation and regular 

input from the Council on 

Environmental Quality, National 

Economic Council, Office of Energy and 

Climate Change, and Office of Science 

and Technology Policy. The main 

objective of this process was to develop 

a range of SCC values using a defensible 

mstockstill on DSKB9S0YB1PROD with RULES2

25522 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 

466The DICE (Dynamic Integrated Climate and 

Economy) model by William Nordhaus evolved 

from a series of energy models and was first 

presented in 1990 (Nordhaus and Boyer 2000, 

Nordhaus 2008). The PAGE (Policy Analysis of the 

Greenhouse Effect) model was developed by Chris 

Hope in 1991 for use by European decision-makers 

in assessing the marginal impact of carbon 

emissions (Hope 2006, Hope 2008). The FUND 

(Climate Framework for Uncertainty, Negotiation, 

and Distribution) model, developed by Richard Tol 

in the early 1990s, originally to study international 

capital transfers in climate policy, is now widely 

used to study climate impacts (e.g., Tol 2002a, Tol 

2002b, Anthoff et al. 2009, Tol 2009). 

467Newell, R., and W. Pizer. 2003. Discounting 

the distant future: How much do uncertain rates 

increase valuations? Journal of Environmental 

Economics and Management 46: 52–71. 

468Roe, G., and M. Baker. 2007. ‘‘Why is climate 

sensitivity so unpredictable?’’ Science 318:629–632. 

set of input assumptions that are 

grounded in the existing literature. In 

this way, key uncertainties and model 

differences can more transparently and 

consistently inform the range of SCC 

estimates used in the rulemaking 

process. 

The interagency group selected four 

global SCC estimates for use in 

regulatory analyses. For 2010, these 

estimates are $5, $21, $35, and $65 (in 

2007 dollars). The first three estimates 

are based on the average SCC across 

models and socio-economic and 

emissions scenarios at the 5, 3, and 2.5 

percent discount rates, respectively. The 

fourth value is included to represent the 

higher-than-expected impacts from 

temperature change further out in the 

tails of the SCC distribution. For this 

purpose, we use the SCC value for the 

95th percentile at a 3 percent discount 

rate. The central value is the average 

SCC across models at the 3 percent 

discount rate. For purposes of capturing 

the uncertainties involved in regulatory 

impact analysis, we emphasize the 

importance and value of considering the 

full range. These SCC estimates also 

grow over time. For instance, the central 

value increases to $24 per ton of CO2 in 

2015 and $26 per ton of CO2 in 2020. 

See the SCC TSD for the full range of 

annual SCC estimates from 2010 to 

2050. 

These new SCC estimates represent 

global measures and the center of our 

current attention because of the 

distinctive nature of the climate change 

problem. The climate change problem is 

highly unusual in at least two respects. 

First, it involves a global externality: 

Emissions of most greenhouse gases 

contribute to damages around the world 

even when they are emitted in the 

United States. Consequently, to address 

the global nature of the problem, the 

SCC must incorporate the full (global) 

damages caused by GHG emissions. 

Second, climate change presents a 

problem that the United States alone 

cannot solve. Even if the United States 

were to reduce its greenhouse gas 

emissions to zero, that step would be far 

from enough to avoid substantial 

climate change. Other countries would 

also need to take action to reduce 

emissions if significant changes in the 

global climate are to be avoided. 

It is important to emphasize that the 

interagency process is committed to 

updating these estimates as the science 

and economic understanding of climate 

change and its impacts on society 

improves over time. Specifically, the 

interagency group has set a preliminary 

goal of revisiting the SCC values within 

two years or at such time as 

substantially updated models become 

available, and to continue to support 

research in this area. In the meantime, 

the interagency group will continue to 

explore the issues raised in the SCC 

TSD and consider public comments as 

part of the ongoing interagency process. 

ii. Social Cost of Carbon Values Used in 

Past Regulatory Analyses 

To date, economic analyses for 

Federal regulations have used a wide 

range of values to estimate the benefits 

associated with reducing carbon dioxide 

emissions. In the final model year 2011 

CAFE rule, the Department of 

Transportation (DOT) used both a 

‘‘domestic’’ SCC value of $2 per ton of 

CO2 and a ‘‘global’’ SCC value of $33 per 

ton of CO2 for 2007 emission reductions 

(in 2007 dollars), increasing both values 

at 2.4 percent per year. It also included 

a sensitivity analysis at $80 per ton of 

CO2. A domestic SCC value is meant to 

reflect the value of damages in the 

United States resulting from a unit 

change in carbon dioxide emissions, 

while a global SCC value is meant to 

reflect the value of damages worldwide. 

A 2008 regulation proposed by DOT 

assumed a domestic SCC value of $7 per 

ton CO2 (in 2006 dollars) for 2011 

emission reductions (with a range of $0- 

$14 for sensitivity analysis), also 

increasing at 2.4 percent per year. A 

regulation finalized by DOE in October 

of 2008 used a domestic SCC range of 

$0 to $20 per ton CO2 for 2007 emission 

reductions (in 2007 dollars). In addition, 

EPA’s 2008 Advance Notice of Proposed 

Rulemaking for Greenhouse Gases 

identified what it described as ‘‘very 

preliminary’’ SCC estimates subject to 

revision. EPA’s global mean values were 

$68 and $40 per ton CO2 for discount 

rates of approximately 2 percent and 3 

percent, respectively (in 2006 dollars for 

2007 emissions). 

In 2009, an interagency process was 

initiated to offer a preliminary 

assessment of how best to quantify the 

benefits from reducing carbon dioxide 

emissions. To ensure consistency in 

how benefits are evaluated across 

agencies, the Administration sought to 

develop a transparent and defensible 

method, specifically designed for the 

rulemaking process, to quantify avoided 

climate change damages from reduced 

CO2 emissions. The interagency group 

did not undertake any original analysis. 

Instead, it combined SCC estimates from 

the existing literature to use as interim 

values until a more comprehensive 

analysis could be conducted. 

The outcome of the preliminary 

assessment by the interagency group 

was a set of five interim values: Global 

SCC estimates for 2007 (in 2006 dollars) 

of $55, $33, $19, $10, and $5 per ton of 

CO2. The $33 and $5 values represented 

model-weighted means of the published 

estimates produced from the most 

recently available versions of three 

integrated assessment models (DICE, 

PAGE, and FUND) at approximately 3 

and 5 percent discount rates.466 The $55 

and $10 values were derived by 

adjusting the published estimates for 

uncertainty in the discount rate (using 

factors developed by Newell and Pizer 

(2003)) at 3 and 5 percent discount 

rates, respectively.467 The $19 value was 

chosen as a central value between the $5 

and $33 per ton estimates. All of these 

values were assumed to increase at 3 

percent annually to represent growth in 

incremental damages over time as the 

magnitude of climate change increases. 

These interim values represent the 

first sustained interagency effort within 

the U.S. Government to develop an SCC 

for use in regulatory analysis. The 

results of this preliminary effort were 

presented in several proposed and final 

rules and were offered for public 

comment in connection with proposed 

rules. In particular, EPA and NHTSA 

used the interim SCC estimates in the 

joint proposal leading to this final rule. 

iii. Approach and Key Assumptions 

Since the release of the interim 

values, interagency group has 

reconvened on a regular basis to 

generate improved SCC estimates, 

which EPA and NHTSA used in this 

final rule. Specifically, the group has 

considered public comments and 

further explored the technical literature 

in relevant fields. The general approach 

to estimating SCC values was to run the 

three integrated assessment models 

(FUND, DICE, and PAGE) using the 

following inputs agreed upon by the 

interagency group: 

• A Roe and Baker distribution for the 

climate sensitivity parameter bounded 

between 0 and 10 with a median of 3 °C 

and a cumulative probability between 2 

and 4.5 °C of two-thirds.468

mstockstill on DSKB9S0YB1PROD with RULES2

Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 25523 

469EPA estimated GHG benefits in the proposed 

rule using a set of interim SCC values developed by 

an interagency group, in which EPA and NHTSA 

participated. As discussed in the SCC TSD, the 

interagency group selected the interim estimates 

from the existing literature and agreed to use those 

interim estimates in regulatory analyses until it 

could develop a more comprehensive 

characterization of the SCC. 

• Five sets of GDP, population and 

carbon emissions trajectories based on 

the recent Stanford Energy Modeling 

Forum, EMF–22. 

• Constant annual discount rates of 

2.5, 3, and 5 percent. 

The SCC TSD presents a summary of the 

results and details, the modeling 

exercise and the choices and 

assumptions that underlie the resulting 

estimates of the SCC. The complete 

model results are available in the docket 

for this final rule [EPA–HQ–OAR–2009– 

0472]. 

It is important to recognize that a 

number of key uncertainties remain, and 

that current SCC estimates should be 

treated as provisional and revisable 

since they will evolve with improved 

scientific and economic understanding. 

The interagency group also recognizes 

that the existing models are imperfect 

and incomplete. The National Academy 

of Science (2009) points out that there 

is tension between the goal of producing 

quantified estimates of the economic 

damages from an incremental ton of 

carbon and the limits of existing efforts 

to model these effects. The SCC TSD 

highlights a number of concerns and 

problems that should be addressed by 

the research community, including 

research programs housed in many of 

the agencies participating in the 

interagency process to estimate the SCC. 

The U.S. Government will 

periodically review and reconsider 

estimates of the SCC used for costbenefit analyses to reflect increasing 

knowledge of the science and 

economics of climate impacts, as well as 

improvements in modeling. In this 

context, statements recognizing the 

limitations of the analysis and calling 

for further research take on exceptional 

significance. The interagency group 

offers the new SCC values with all due 

humility about the uncertainties 

embedded in them and with a sincere 

promise to continue work to improve 

them. 

iv. Use of New SCC Estimates To 

Calculate GHG Benefits for This Final 

Rule 

The table below summarizes the total 

GHG benefits for the lifetime of the rule, 

which are calculated by using the four 

new SCC values. Specifically, EPA 

calculated the total monetized benefits 

in each year by multiplying the 

marginal benefits estimates per metric 

ton of CO2 (the SCC) by the reductions 

in CO2 for that year. 

TABLE III.H.6–2—MONETIZED CO2 BENEFITS OF VEHICLE PROGRAM, CO2 EMISSIONS a b

[Million 2007$] 

Year 

CO2 emissions 

reduction 

(Million metric 

tons) 

Benefits 

Avg SCC at 

5% 

($5–$16) c

Avg SCC at 

3% 

($21–$45) c

Avg SCC at 

2.5% 

($35–$65) c

95th percentile 

SCC at 3% 

($65–$136) c

2020 ..................................................................................... 139 $900 $3,700 $5,800 $11,000 

2030 ..................................................................................... 273 2,700 8,900 14,000 27,000 

2040 ..................................................................................... 360 4,600 14,000 21,000 43,000 

2050 ..................................................................................... 459 7,200 21,000 30,000 62,000 

a Monetized GHG benefits exclude the value of reductions in non-CO2 GHG emissions (HFC, CH4 and N2O) expected under this final rule. Although EPA has not monetized the benefits of reductions in these non-CO2 emissions, the value of these reductions should not be interpreted as 

zero. Rather, the reductions in non-CO2 GHGs will contribute to this rule’s climate benefits, as explained in Section III.F.2. The SCC TSD notes 

the difference between the social cost of non-CO2 emissions and CO2 emissions, and specifies a goal to develop methods to value non-CO2

emissions in future analyses. b Numbers may not compute exactly from Tables III.H.6–1 and III.H.6–2 due to rounding. 

cAs noted above, SCC increases over time; tables lists ranges for years 2010 through 2050. See Table III.H.6–1 for the SCC estimates corresponding to the years in this table. 

b. Summary of the Response to 

Comments 

EPA and NHTSA received extensive 

public comments about the scientific, 

economic, and ethical issues involved 

in estimating the SCC, including the 

proposed rule’s estimates of the value of 

emissions reductions from new cars and 

trucks.469 In particular, the comments 

addressed the methodology used to 

derive the interim SCC estimates, 

limitations of integrated assessment 

models, discount rate selection, 

treatment of uncertainty and 

catastrophic impacts, use of global and 

domestic SCC, and the presentation and 

use of SCC estimates. The rest of this 

preamble section briefly summarizes 

EPA’s response to the comments; the 

Response to Comments document 

provides the complete responses to all 

comments received. 

EPA received extensive comments 

about the methodology and discount 

rates used to derive the interim SCC 

estimates. While one commenter from 

the auto industry noted that the interim 

methodology was acceptable given 

available data, many commenters 

(representing academic and 

environmental organizations) expressed 

concerns that the filters were too 

narrow, stated that model-weighting 

averaging was inappropriate, and 

recommended that EPA use lower 

discount rates. These commenters also 

discussed alternative approaches to 

select discount rates and generally 

recommended that EPA use lower rates 

to give more weight to climate damages 

experienced by future generations. 

For the final rule, EPA conducted new 

analyses of SCC. EPA did not continue 

with its interim approach to derive 

estimates from the existing literature 

and instead conducted new model runs 

that produced a vast amount of SCC 

data at three separate certaintyequivalent discount rates (2.5, 3, and 5 

percent). As discussed further in the 

SCC TSD, this modeling exercise 

resulted in a fuller distribution of SCC 

estimates and better accounted for 

uncertainty through a Monte Carlo 

analysis. Comments on specific issues 

are addressed in the Response to 

Comments document. 

EPA received comments on the 

limitations of the integrated assessment 

models concluding that the selection of 

models and reliance on the model 

authors’ datasets contributed to the 

downward bias of the interim SCC 

estimates. In this final rule, EPA relied 

on the default values in each model for 

the remaining parameter; research gaps 

mstockstill on DSKB9S0YB1PROD with RULES2

25524 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 

470EPA typically analyzes rule impacts 

(emissions, air quality, costs and benefits) in the 

year in which they occur; for this analysis, we 

selected 2030 as a representative future year. We 

refer to this analysis as the ‘‘Calendar Year’’ (CY) 

analysis. EPA also conducted a separate analysis of 

the impacts over the model year lifetimes of the 

2012 through 2016 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. 

471U.S. Environmental Protection Agency. (2006). 

Final Regulatory Impact Analysis (RIA) for the 

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. EPA–HQ–OAR–2009– 

0472–0240. 

472U.S. Environmental Protection Agency. (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. EPA–HQ–OAR–2009–0472–0238. 

473U.S. Environmental Protection Agency (U.S. 

EPA). 2009. 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. April. Available on the 

Internet at http://www.epa.gov/ttn/ecas/regdata/

RIAs/portlandcementria_4-20-09.pdf. Accessed 

March 15, 2010. EPA–HQ–OAR–2009–0472–0241. 

474U.S. Environmental Protection Agency (U.S. 

EPA). 2010. Final NO2 NAAQS Regulatory Impact 

Analysis (RIA). Office of Air Quality Planning and 

Standards, Research Triangle Park, NC. April. 

Available on the Internet at http://www.epa.gov/ttn/ 

ecas/regdata/RIAs/FinalNO2RIAfulldocument.pdf. 

Accessed March 15, 2010. EPA–HQ–OAR–2009– 

0472–0237. 

475U.S. Environmental Protection Agency. 2009. 

Regulatory Impact Analysis: Control of Emissions of 

Air Pollution from Category 3 Marine Diesel 

and practical constraints required EPA 

to limit its modification of the models 

to socioeconomic and emissions 

scenarios, climate sensitivity, and 

discount rate. While EPA recognizes 

that the models’ translations of physical 

impacts to economic values are 

incomplete, approximate, and highly 

uncertain, it regards them as the best 

currently available representations. EPA 

also considered, for each model, the 

treatment of uncertainty, catastrophic 

impacts, and omitted impacts, and as 

discussed in the SCC TSD and the 

Response to Comments document, used 

best available information and 

techniques to quantify such impacts as 

feasible and supplemented the SCC with 

qualitative assessments. Comments on 

specific issues are addressed in the 

Response to Comments document. 

Six commenters, representing 

academia and environmental 

organizations, supported the proposed 

rule’s preference for global SCC 

estimates while several industry groups 

stated that under the Clean Air Act, EPA 

is prohibited from using global 

estimates. EPA agrees that a global 

measure of GHG mitigation benefits is 

both appropriate and lawful for EPA to 

consider in evaluating the benefits of 

GHG emissions standards adopted 

under section 202(a). Global climate 

change represents a problem that the 

United States cannot solve alone 

without global action, and for a variety 

of reasons there is a value to the U.S. 

from domestic emissions reductions that 

reduce the harm occurring globally. 

This is not exercise of regulatory 

authority over conduct occurring 

overseas, but instead is a reasonable 

exercise of discretion in how to place a 

monetary value on a reduction in 

domestic emissions. See the Response to 

Comments document for a complete 

discussion of this issue. 

Finally, EPA received various 

comments regarding the presentation of 

the SCC methodology and resulting 

estimates. EPA has responded to these 

concerns by presenting a detailed 

discussion about the methodology, 

including key model assumptions, as 

well as uncertainties and research gaps 

associated with the SCC estimates and 

the implications for the SCC estimates. 

Among these key assumptions and 

uncertainties are issues involving 

discount rates, climate sensitivity and 

socioeconomic scenario assumptions, 

incomplete treatment of potential 

catastrophic impacts, incomplete 

treatment of non-catastrophic impacts, 

uncertainty in extrapolation of damages 

to high temperatures, incomplete 

treatment of adaptation and 

technological change, and assumptions 

about risk aversion to high-impact 

outcomes (see SCC TSD). 

7. Non-Greenhouse Gas Health and 

Environmental Impacts 

This section presents EPA’s analysis 

of the non-GHG health and 

environmental impacts that can be 

expected to occur as a result of the lightduty vehicle GHG rule. GHG emissions 

are predominantly the byproduct 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, NOX, 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, PM2.5, 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 rule because a failure to 

adequately consider these ancillary copollutant 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 any effects from reduced climate 

change mostly accrue over a timeframe 

of several decades or longer. 

This section is split into two subsections: The first presents the PM- and 

ozone-related health and environmental 

impacts associated with the final rule in 

calendar year (CY) 2030; the second 

presents the PM-related benefits-per-ton 

values used to monetize the PM-related 

co-benefits associated with the model 

year (MY) analysis of the final rule.470

a. Quantified and Monetized Non-GHG 

Human Health Benefits of the 2030 

Calendar Year (CY) Analysis 

This analysis reflects the impact of 

the final light-duty GHG rule in 2030 

compared to a future-year reference 

scenario without the rule in place. 

Overall, we estimate that the final rule 

will lead to a net decrease in PM2.5- 

related health impacts (see Section 

III.G.5 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 PM2.5 exposure results 

in a net decrease in adverse PM-related 

human health impacts (the decrease in 

national population-weighted annual 

average PM2.5 is 0.0036 μg/m3). 

The air quality modeling (discussed 

in Section III.G.5) projects very small 

increases in ozone concentrations in 

many areas, but these are driven by the 

ethanol production volumes mandated 

by the recently finalized RFS2 rule and 

are not due to the standards finalized in 

this rule. While the ozone-related 

impacts are very small, the increase in 

population-weighted national average 

ozone exposure results in a small 

increase in ozone-related health impacts 

(population-weighted maximum 8-hour 

average ozone increases by 0.0104 ppb). 

We base our analysis of the final 

rule’s impact on human health in 2030 

on peer-reviewed studies of air quality 

and human health effects.471 472 These 

methods are described in more detail in 

the RIA that accompanies this action. 

Our benefits methods are also consistent 

with recent rulemaking analyses such as 

the proposed Portland Cement National 

Emissions Standards for Hazardous Air 

Pollutants (NESHAP) RIA,473 the final 

NO2 NAAQS,474 and the final Category 

3 Marine Engine rule.475 To model the 

mstockstill on DSKB9S0YB1PROD with RULES2

Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 25525 

Engines. EPA–420–R–09–019, December 2009. 

Prepared by Office of Air and Radiation. http://

www.epa.gov/otaq/regs/nonroad/marine/ci/

420r09019.pdf. Accessed February 9, 2010. EPA– 

HQ–OAR–2009–0472–0283. 

476 Information on BenMAP, including 

downloads of the software, can be found at 

http://www.epa.gov/ttn/ecas/benmodels.html. 

477Pope, C.A., III, R.T. Burnett, M.J. Thun, E.E. 

Calle, D. Krewski, K. Ito, and G.D. Thurston (2002). 

‘‘Lung Cancer, Cardiopulmonary Mortality, and 

Long-term Exposure to Fine Particulate Air 

Pollution.’’ Journal of the American Medical 

Association 287:1132–1141. EPA–HQ–OAR–2009– 

0472–0263. 

478Laden, F., J. Schwartz, F.E. Speizer, and D.W. 

Dockery (2006). Reduction in Fine Particulate Air 

Pollution and Mortality. American Journal of 

Respiratory and Critical Care Medicine. 173:667– 

672. EPA–HQ–OAR–2009–0472–1661. 

ozone and PM air quality impacts of the 

final rule, we used the Community 

Multiscale Air Quality (CMAQ) model 

(see Section III.G.5). The modeled 

ambient air quality data serves as an 

input to the Environmental Benefits 

Mapping and Analysis Program 

(BenMAP).476 BenMAP is a computer 

program developed by the U.S. EPA that 

integrates a number of the modeling 

elements used in previous analyses (e.g., 

interpolation functions, population 

projections, health impact functions, 

valuation functions, analysis and 

pooling methods) to translate modeled 

air concentration estimates into health 

effects incidence estimates and 

monetized benefits estimates. 

The range of total monetized ozoneand PM-related health impacts is 

presented in Table III.H.7–1. 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 III.H.7–1) to estimates of PMrelated premature mortality. These 

estimates represent EPA’s preferred 

approach to characterizing a best 

estimate of benefits. As is the nature of 

Regulatory Impact Analyses (RIAs), the 

assumptions and methods used to 

estimate air quality benefits evolve to 

reflect the Agency’s most current 

interpretation of the scientific and 

economic literature. 

TABLE III.H.7–1—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 (Millions, 2007$, 

3% Discount Rate) bcd

Total Benefits 

(Millions, 2007$, 7% Discount 

Rate) bcd

Multi-city analyses .......................... Bell et al., 2004 ............................ Total: $510–$1,300 .......................

PM: $550–$1,300 .........................

Ozone: ¥$40 ...............................

Total: $460–$1,200 

PM: $500–$1,200 

Ozone: ¥$40 

Huang et al., 2005 ........................ Total: $490–$1,300 .......................

PM: $550–$1,300 .........................

Ozone: ¥$64 ...............................

Total: $440–$1,200 

PM: $500–$1,200 

Ozone: ¥$64 

Schwartz, 2005 ............................. Total: $490–$1,300 .......................

PM: $550–$1,300 .........................

Ozone: ¥$60 ...............................

Total: $440–$1,200 

PM: $500–$1,200 

Ozone: ¥$60 

Meta-analyses ................................ Bell et al., 2005 ............................ Total: $430–$1,200 .......................

PM: $550–$1,300 .........................

Ozone: ¥$120 .............................

Total: $380–$1,100 

PM: $500–$1,200 

Ozone: ¥$120 

Ito et al., 2005 .............................. Total: $380–$1,200 .......................

PM: $550–$1,300 .........................

Ozone: ¥$170 .............................

Total: $330–$1,000 

PM: $500–$1,200 

Ozone: ¥$170 

Levy et al., 2005 ........................... Total: $380–$1,200 .......................

PM: $550–$1,300 .........................

Ozone: ¥$170 .............................

Total: $330–$1,000 

PM: $500–$1,200 

Ozone: ¥$170 

Notes: 

aTotal includes premature mortality-related and morbidity-related ozone and PM2.5 benefits. Range was developed by adding the estimate 

from the ozone premature mortality function to the estimate of PM2.5-related premature mortality derived from either the ACS study (Pope et al., 

2002) 477 or the Six-Cities study (Laden et al., 2006).478

b Note that total benefits presented here do not include a number of unquantified benefits categories. A detailed listing of unquantified health 

and welfare effects is provided in Table III.H.7–2. 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. d Negatives indicate a disbenefit, or an increase in health effect incidence. 

The benefits in Table III.H.7–1 

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 because 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 

easily interpretable 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 benefits due to 

reductions of impacts of eutrophication 

in coastal areas. These are listed in 

Table III.H.7–2. As a result, the health 

benefits quantified in this section are 

likely underestimates of the total 

benefits attributable to the final rule. 

mstockstill on DSKB9S0YB1PROD with RULES2

25526 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 

TABLE III.H.7–2—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. 

—some 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. 

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). 

Depression 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 non-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: 

aThe public health impact of biological responses such as increased airway responsiveness to stimuli, inflammation in the lung, acute inflammation and respiratory cell damage, and increased susceptibility to respiratory infection are likely partially represented by our quantified 

endpoints. bThe 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 number 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 including morphological changes and altered host defense mechanisms. The public health impact of these biological responses may be partly represented by our quantified endpoints. dWhile some of the effects of short-term exposures are likely to be captured in the estimates, there may be premature mortality due to shortterm 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 effects of short term exposures. e May result in benefits or disbenefits. 

f Many of the key hydrocarbons related to this rule are also hazardous air pollutants listed in the CAA. 

While there will be impacts 

associated with air toxic pollutant 

emission changes that result from the 

final rule, 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 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 

mstockstill on DSKB9S0YB1PROD with RULES2

Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 25527 

479Science 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. EPA–HQ– 

OAR–2009–0472–0244. 480 In April 2009, EPA hosted a workshop 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. 

481EPA 2010, Renewable Fuel Standard Program 

(RFS2) Regulatory Impact Analysis. EPA–420–R– 

10–006. February 2010. Docket EPA–HQ–OAR– 

2009–0472–11332. EPA–HQ–OAR–2009–0472– 

11332. See also 75 FR 14670, March 26, 2010. 

482Woodruff, T.J., J. Grillo, and K.C. Schoendorf. 

1997. ‘‘The Relationship Between Selected Causes 

of Postneonatal Infant Mortality and Particulate Air 

Pollution in the United States.’’ Environmental 

Health Perspectives 105(6):608–612. EPA–HQ– 

OAR–2009–0472–0382. 

ready for use in a national-scale benefits 

analysis, because they did not consider 

the full distribution of exposure and 

risk, or address sub-chronic health 

effects.479 While EPA has since 

improved the tools, there remain critical 

limitations for estimating incidence and 

assessing benefits of reducing mobile 

source air toxics. 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 analysis of the final 

rule.480

EPA is also unaware of specific 

information identifying any effects on 

listed endangered species from the 

small fluctuations in pollutant 

concentrations associated with this rule 

(see Section III.G.5). Furthermore, our 

current modeling tools are not designed 

to trace fluctuations in ambient 

concentration levels to potential 

impacts on particular endangered 

species. 

i. Quantified Human Health Impacts 

Tables III.H.7–3 and III.H.7–4 present 

the annual PM2.5 and ozone health 

impacts in the 48 contiguous U.S. states 

associated with the final rule for 2030. 

For each endpoint presented in Tables 

III.H.7–3 and III.H.7–4, we provide both 

the mean estimate and the 90% 

confidence interval. 

Using EPA’s preferred estimates, 

based on the American Cancer Society 

(ACS) and Six-Cities studies and no 

threshold assumption in the model of 

mortality, we estimate that the final rule 

will result in between 60 and 150 cases 

of avoided PM2.5-related premature 

deaths annually in 2030. As a sensitivity 

analysis, when the range of expert 

opinion is used, we estimate between 22 

and 200 fewer premature mortalities in 

2030 (see Table 7.7 in the RIA that 

accompanies this rule). For ozonerelated premature mortality in 2030, we 

estimate a range of between 4 to 18 

additional premature mortalities related 

to the ethanol production volumes 

mandated by the recently finalized 

RFS2 rule 481 (and reflected in the air 

quality modeling for this rule), but are 

not due to the final standards 

themselves. 

TABLE III.H.7–3—ESTIMATED PM2.5-RELATED HEALTH IMPACTS a

Health effect 

2030 Annual reduction in 

incidence 

(5th%–95th%ile) 

Premature Mortality—Derived from epidemiology literature: b

Adult, age 30+, ACS Cohort Study (Pope et al., 2002) .......................................................... 60 (23–96) 

Adult, age 25+, Six-Cities Study (Laden et al., 2006) ............................................................. 150 (83–220) 

Infant, age <1 year (Woodruff et al., 1997) ............................................................................. 0 (0–1) 

Chronic bronchitis (adult, age 26 and over) ................................................................................... 42 (8–77) 

Non-fatal myocardial infarction (adult, age 18 and over) ............................................................... 100 (38–170) 

Hospital admissions—respiratory (all ages) c .................................................................................. 13 (7–20) 

Hospital admissions—cardiovascular (adults, age >18) d ............................................................... 32 (23–38) 

Emergency room visits for asthma (age 18 years and younger) ................................................... 42 (25–59) 

Acute bronchitis (children, age 8–12) ............................................................................................. 95 (0–190) 

Lower respiratory symptoms (children, age 7–14) ......................................................................... 1,100 (540–1,700) 

Upper respiratory symptoms (asthmatic children, age 9–18) ......................................................... 850 (270–1,400) 

Asthma exacerbation (asthmatic children, age 6–18) .................................................................... 1,000 (120–2,900) 

Work loss days ................................................................................................................................ 7,600 (6,600–8,500) 

Minor restricted activity days (adults age 18–65) ........................................................................... 45,000 (38,000–52,000) 

Notes: 

a Incidence is rounded to two significant digits. Estimates represent incidence within the 48 contiguous United States. 

bPM-related adult mortality based upon the American Cancer Society (ACS) Cohort Study (Pope et al., 2002) and the Six-Cities Study (Laden 

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).482

c Respiratory hospital admissions for PM include admissions 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 III.H.7–4—ESTIMATED OZONE-RELATED HEALTH IMPACTS 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 ........................................................................................... ¥4 (¥8–0) 

Huang et al. (2005)—Cardiopulmonary ................................................................................... ¥7 (¥14–1) 

mstockstill on DSKB9S0YB1PROD with RULES2

25528 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 

TABLE III.H.7–4—ESTIMATED OZONE-RELATED HEALTH IMPACTS a—Continued 

Health effect 

2030 Annual reduction in 

incidence 

(5th%–95th%ile) 

Schwartz (2005)—Non-accidental ........................................................................................... ¥6 (¥13–1) 

Meta-analyses: 

Bell et al. (2005)—All cause .................................................................................................... ¥13 (¥24–¥2) 

Ito et al. (2005)—Non-accidental ............................................................................................. ¥18 (¥30–¥6) 

Levy et al. (2005)—All cause ................................................................................................... ¥18 (¥28–¥9) 

Hospital admissions—respiratory causes (adult, 65 and older) c ................................................... ¥38 (¥86–¥6) 

Hospital admissions—respiratory causes (children, under 2) ........................................................ ¥6 (¥13–1) 

Emergency room visit for asthma (all ages) ................................................................................... ¥16 (¥51–8) 

Minor restricted activity days (adults, age 18–65) .......................................................................... ¥18,000 (¥40,000–3,700) 

School absence days ...................................................................................................................... ¥7,700 (¥16,000–1,200) 

Notes: 

a Negatives indicate a disbenefit, or an increase in health effect incidence. Incidence is rounded to two significant digits. Estimates represent 

incidence within the 48 contiguous U.S. bEstimates of ozone-related premature mortality are based upon incidence estimates derived from 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 estimates 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. 

ii. Monetized Benefits 

Table III.H.7–5 presents the estimated 

monetary value of changes in the 

incidence of ozone and PM2.5-related 

health effects. All monetized estimates 

are stated in 2007$. 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 

2030 for the final rule, using the ACS 

and Six-Cities PM mortality studies and 

the range of ozone mortality 

assumptions, is between $380 and 

$1,300 million, assuming a 3 percent 

discount rate, or between $330 and 

$1,200 million, assuming a 7 percent 

discount rate. As the results indicate, 

total benefits are driven primarily by the 

reduction in PM2.5-related premature 

fatalities each year. 

TABLE III.H.7–5—ESTIMATED MONETARY VALUE OF CHANGES IN INCIDENCE OF HEALTH AND WELFARE EFFECTS

[In Millions of 2007$] a b

PM2.5-related health effect 2030 

(5th and 95th%ile) 

Premature Mortality—Derived from Epidemiology Studies c d.Adult, age 30+ —ACS study (Pope et al., 2002) 

3% discount rate ............................................................. $510 ($70–$1,300) 

7% discount rate ............................................................. $460 ($63–$1,200) 

Adult, age 25+ —Six-Cities study (Laden et al., 2006) 

3% discount rate ............................................................. $1,300 ($190–$3,300) 

7% discount rate ............................................................. $1,200 ($180–$3,000) 

Infant Mortality, <1 year—(Woodruff et al. 1997) ........... $1.8 ($0–$7.0) 

Chronic bronchitis (adults, 26 and over) ........................................................................................................................ $22 ($1.9–$77) 

Non-fatal acute myocardial infarctions 

3% discount rate ...................................................................................................................................................... $14 ($3.9–$35) 

7% discount rate ...................................................................................................................................................... $14 ($3.6–$35) 

Hospital admissions for respiratory causes .................................................................................................................... $0.20 ($0.01–$0.29) 

Hospital admissions for cardiovascular causes ............................................................................................................. $0.91 ($0.58–$1.3) 

Emergency room visits for asthma ................................................................................................................................. $0.016 ($0.009–$0.024) 

Acute bronchitis (children, age 8–12) ............................................................................................................................. $0.007 ($0–$0.018) 

Lower respiratory symptoms (children, 7–14) ................................................................................................................ $0.022 ($0.009–$0.043) 

Upper respiratory symptoms (asthma, 9–11) ................................................................................................................. $0.027 ($0.008–$0.061) 

Asthma exacerbations .................................................................................................................................................... $0.058 ($0.006–$0.17) 

Work loss days ............................................................................................................................................................... $1.2 ($1.0–$1.3) 

Minor restricted-activity days (MRADs) .......................................................................................................................... $2.9 ($1.7–$4.2) 

Ozone-related Health Effect 

Premature Mortality, All ages—Derived from Multi-city 

analyses.

Bell et al., 2004 ............................................................... ¥$38 (¥$110–$4.2) 

Huang et al., 2005 .......................................................... ¥$62 (¥$180–$4.7) 

Schwartz, 2005 ............................................................... ¥$58 (¥$170–$8.8) 

Premature Mortality, All ages—Derived from Meta-analyses.Bell et al., 2005 ............................................................... ¥$120 (¥$330–¥$7.9) 

Ito et al., 2005 ................................................................. ¥$170 (¥$430–¥$19) 

Levy et al., 2005 ............................................................. ¥$170 (¥$410–¥$21) 

Hospital admissions—respiratory causes (adult, 65 and older) ..................................................................................... ¥$0.92 (¥$2.1–$0.27) 

mstockstill on DSKB9S0YB1PROD with RULES2

Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 25529 

483National Research Council (NRC), 2008. 

Estimating Mortality Risk Reduction and Economic 

Benefits from Controlling Ozone Air Pollution. The 

National Academies Press: Washington, DC. EPA– 

HQ–OAR–2009–0472–0322. 

484National Research Council (NRC). 2002. 

Estimating the Public Health Benefits of Proposed 

Air Pollution Regulations. The National Academies 

Press: Washington, DC. 

485U.S. Environmental Protection Agency. 

October 2006. Final Regulatory Impact Analysis 

(RIA) for the National Ambient Air Quality 

Continued 

TABLE III.H.7–5—ESTIMATED MONETARY VALUE OF CHANGES IN INCIDENCE OF HEALTH AND WELFARE EFFECTS— 

Continued 

[In Millions of 2007$] a b

PM2.5-related health effect 2030 

(5th and 95th%ile) 

Hospital admissions—respiratory causes (children, under 2) ........................................................................................ ¥$.21 (¥$.45–$0.031) 

Emergency room visit for asthma (all ages) .................................................................................................................. ¥$0.006 (¥$0.018– 

$0.003) 

Minor restricted activity days (adults, age 18–65) ......................................................................................................... ¥$1.2 (¥$2.7–$0.25) 

School absence days ..................................................................................................................................................... ¥$0.71 (¥$1.4–$0.11) 

Notes: 

a Negatives indicate a disbenefit, or an increase in health effect incidence. 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 between 1990 and the analysis year (2030). 

cValuation 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. 

iii. What are the limitations of the 

benefits analysis? 

Every benefit-cost analysis 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 

uncertainties in the underlying 

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 potential 

increases in premature mortality 

associated with increased 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 quantified. 

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 

analysis of the final rule include the 

following: 

• The exclusion of potentially 

significant and unquantified benefit 

categories (such as health, odor, and 

ecological impacts of air toxics, ozone, 

and PM); 

• Errors in measurement and 

projection for variables such as 

population growth; 

• Uncertainties in the estimation of 

future year emissions inventories and 

air quality; 

• Uncertainty 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 III.H.7–5 indicates, total 

benefits are driven primarily by the 

reduction in PM2.5-related premature 

mortalities each year. Some key 

assumptions underlying the premature 

mortality estimates include the 

following, which may also contribute to 

uncertainty: 

• Inhalation of fine particles is 

causally associated with premature 

death at concentrations near those 

experienced by most Americans on a 

daily basis. Although biological 

mechanisms for this effect have not yet 

been completely established, the weight 

of the available epidemiological, 

toxicological, and experimental 

evidence supports an assumption of 

causality. The impacts of including a 

probabilistic representation of causality 

were explored in the expert elicitationbased results of the PM NAAQS RIA. 

• All fine particles, regardless of their 

chemical composition, are equally 

potent in causing premature mortality. 

This is an important assumption, 

because PM produced via transported 

precursors emitted from 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 type. 

• The C–R function for fine particles 

is approximately linear within the range 

of ambient concentrations under 

consideration. Thus, the estimates 

include health benefits from reducing 

fine particles in areas with varied 

concentrations of PM, including both 

regions that may be in attainment with 

PM2.5 standards and those that are at 

risk of not meeting the standards. 

• There is uncertainty in the 

magnitude of the association between 

ozone and premature mortality. The 

range of ozone impacts associated with 

the final rule is estimated based on the 

risk of several sources of ozone-related 

mortality effect estimates. In a recent 

report on the estimation of ozonerelated 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 

mortality should be included in 

estimates of the health benefits of 

reducing ozone exposure.483 EPA has 

requested advice from the National 

Academy of Sciences on how best to 

quantify uncertainty in the relationship 

between ozone exposure and premature 

mortality in the context of quantifying 

benefits. 

Acknowledging 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 

Board’s Health Effects Subcommittee 

(SAB–HES). The National Academies of 

Science (NRC, 2002) has also reviewed 

EPA’s methodology for analyzing the 

health benefits of measures taken to 

reduce air pollution. EPA addressed 

many of these comments in the analysis 

of the final PM NAAQS.484 485 This 

mstockstill on DSKB9S0YB1PROD with RULES2

25530 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 

Standards for Particulate Matter. Prepared by: 

Office of Air and Radiation. Available at http://

www.epa.gov/ttn/ecas/ria.html. EPA–HQ–OAR– 

2009–0472–0240. 

486U.S. Environmental Protection Agency (U.S. 

EPA). 2008. Regulatory Impact Analysis, 2008 

National Ambient Air Quality Standards for 

Ground-level Ozone, Chapter 6. Office of Air 

Quality Planning and Standards, Research Triangle 

Park, NC. March. Available at http://www.epa.gov/ 

ttn/ecas/regdata/RIAs/6-ozoneriachapter6.pdf. 

Accessed March 15, 2010. EPA–HQ–OAR–2009– 

0472–0108. 

487U.S. Environmental Protection Agency (U.S. 

EPA). 2009. 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. April. Available on the 

Internet at http://www.epa.gov/ttn/ecas/regdata/ 

RIAs/portlandcementria_4–20–09.pdf. Accessed 

March 15, 2010. EPA–HQ–OAR–2009–0472–0241. 

488U.S. Environmental Protection Agency (U.S. 

EPA). 2010. Final NO2 NAAQS Regulatory Impact 

Analysis (RIA). Office of Air Quality Planning and 

Standards, Research Triangle Park, NC. April. 

Available on the Internet at http://www.epa.gov/ttn/ 

ecas/regdata/RIAs/FinalNO2RIAfulldocument.pdf. 

Accessed March 15, 2010. EPA–HQ–OAR–2009– 

0472–0237. 

analysis incorporates this most recent 

work to the extent possible. 

b. PM-Related Monetized Benefits of the 

Model Year (MY) Analysis 

As described in Section III.G, the final 

standards will reduce emissions of 

several criteria and toxic pollutants and 

precursors. In the MY analysis, EPA 

estimates the economic value of the 

human health benefits associated with 

reducing PM2.5 exposure. Due to 

analytical limitations, this analysis does 

not estimate benefits related to other 

criteria pollutants (such as ozone, NO2

or SO2) or toxics pollutants, nor does it 

monetize all of the potential health and 

welfare effects associated with PM2.5. 

The MY analysis uses a ‘‘benefit-perton’’ method to estimate a selected suite 

of PM2.5-related health benefits 

described below. These PM2.5 benefitper-ton estimates provide the total 

monetized human health benefits (the 

sum of premature mortality and 

premature morbidity) of reducing one 

ton of directly emitted PM2.5, or its 

precursors (such as NOX, SOX, and 

VOCs), from a specified source. Ideally, 

the human health benefits associated 

with the MY analysis would be 

estimated based on changes in ambient 

PM2.5 as determined by full-scale air 

quality modeling. However, this 

modeling was not possible in the 

timeframe for the final rule. 

The dollar-per-ton estimates used in 

this analysis are provided in Table 

III.H.7–6. In the summary of costs and 

benefits, Section III.H.10 of this 

preamble, EPA presents the monetized 

value of PM-related improvements 

associated with the rule. 

TABLE III.H.7–6—BENEFITS-PER-TON VALUES (2007$) DERIVED USING THE ACS COHORT STUDY FOR PM-RELATED

PREMATURE MORTALITY (POPE ET AL., 2002) a

Year c

All sources d Stationary (non-EGU) 

sources 

Mobile sources 

SOX VOC NOX Direct PM2.5 NOX Direct PM2.5

Estimated Using a 3 Percent Discount Rate b

2015 ................................................................................. $28,000 $1,200 $4,700 $220,000 $4,900 $270,000 

2020 ................................................................................. 31,000 1,300 5,100 240,000 5,300 290,000 

2030 ................................................................................. 36,000 1,500 6,100 280,000 6,400 350,000 

2040 ................................................................................. 43,000 1,800 7,200 330,000 7,600 420,000 

Estimated Using a 7 Percent Discount Rate b

2015 ................................................................................. 26,000 1,100 4,200 200,000 4,400 240,000 

2020 ................................................................................. 28,000 1,200 4,600 220,000 4,800 270,000 

2030 ................................................................................. 33,000 1,400 5,500 250,000 5,800 320,000 

2040 ................................................................................. 39,000 1,600 6,600 300,000 6,900 380,000 

aThe benefit-per-ton estimates presented in this table are based on an estimate of premature mortality derived from the ACS study (Pope et 

al., 2002). If the benefit-per-ton estimates were based on the Six-Cities study (Laden et al., 2006), the values would be approximately 145% 

(nearly two-and-a-half times) larger. bThe benefit-per-ton estimates presented in this table assume either a 3 percent or 7 percent discount rate in the valuation of premature mortality to account for a twenty-year segmented cessation lag. cBenefit-per-ton values were estimated for the years 2015, 2020, and 2030. For 2040, EPA and NHTSA extrapolated exponentially based on 

the growth between 2020 and 2030. d Note that the benefit-per-ton value for SOX is based on the value for Stationary (Non-EGU) sources; no SOX value was estimated for mobile 

sources. The benefit-per-ton value for VOCs was estimated across all sources. 

The benefit per-ton technique has 

been used in previous analyses, 

including EPA’s recent Ozone National 

Ambient Air Quality Standards 

(NAAQS) RIA,486 the proposed Portland 

Cement National Emissions Standards 

for Hazardous Air Pollutants (NESHAP) 

RIA,487 and the final NO2 NAAQS (U.S. 

EPA, 2009b).488 Table III.H.7–7 shows 

the quantified and unquantified PM2.5- 

related co-benefits captured in those 

benefit-per-ton estimates. 

TABLE III.H.7–7—HUMAN HEALTH AND WELFARE EFFECTS OF PM2.5

Pollutant/effect Quantified and monetized 

in primary estimates 

Unquantified effects 

changes in 

PM2.5 .................. Adult premature mortality Subchronic bronchitis cases. 

Bronchitis: chronic and acute Low birth weight. 

Hospital admissions: respiratory and cardiovascular. Pulmonary function. 

Emergency room visits for asthma Chronic respiratory diseases other than chronic bronchitis. 

Nonfatal heart attacks (myocardial infarction). Non-asthma respiratory emergency room visits. 

Lower and upper respiratory illness Visibility. 

mstockstill on DSKB9S0YB1PROD with RULES2

Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 25531 

489Although we summarize the main issues in 

this chapter, we encourage interested readers to see 

the benefits chapter of the final NO2 NAAQS for a 

more detailed description of recent changes to the 

PM benefits presentation and preference for the nothreshold model. 490U.S. Environmental Protection Agency (U.S. 

EPA). 2008b. Technical Support Document: 

Calculating Benefit per-Ton estimates, Ozone 

NAAQS Docket #EPA–HQ–OAR–2007–0225–0284. 

Office of Air Quality Planning and Standards, 

Research Triangle Park, NC. March. Available on 

the Internet at http://www.regulations.gov. EPA– 

HQ–OAR–2009–0472–0228. 491Fann, N. et al. (2009). The influence of 

location, source, and emission type in estimates of 

the human health benefits of reducing a ton of air 

pollution. Air Qual Atmos Health. Published 

online: 09 June, 2009. EPA–HQ–OAR–2009–0472– 

0229. 492The values included in this report are different 

from those presented in the article cited above. 

Benefits methods change to reflect new information 

and evaluation of the science. Since publication of 

the June 2009 article, EPA has made two significant 

changes to its benefits methods: (1) We no longer 

assume that a threshold exists in PM-related models 

of health impacts; and (2) We have revised the 

Value of a Statistical Life to equal $6.3 million (year 

2000$), up from an estimate of $5.5 million (year 

2000$) used in the June 2009 report. Please refer to 

the following Web site for updates to the dollar-perton estimates: http://www.epa.gov/air/benmap/bpt.

html. EPA–HQ–OAR–2009–0472–0227. 

TABLE III.H.7–7—HUMAN HEALTH AND WELFARE EFFECTS OF PM2.5—Continued 

Pollutant/effect Quantified and monetized 

in primary estimates 

Unquantified effects 

changes in 

Minor restricted-activity days Household soiling. 

Work loss days 

Asthma exacerbations (asthmatic population) 

Infant mortality 

Consistent with the NO2 NAAQS,489

the benefits estimates utilize the 

concentration-response functions as 

reported in the epidemiology literature. 

To calculate the total monetized impacts 

associated with quantified health 

impacts, EPA applies values derived 

from a number of sources. For 

premature mortality, EPA applies a 

value of a statistical life (VSL) derived 

from the mortality valuation literature. 

For certain health impacts, such as 

chronic bronchitis and a number of 

respiratory-related ailments, EPA 

applies willingness-to-pay estimates 

derived from the valuation literature. 

For the remaining health impacts, EPA 

applies values derived from current 

cost-of-illness and/or wage estimates. 

Readers interested in reviewing the 

complete methodology for creating the 

benefit-per-ton estimates used in this 

analysis can consult the Technical 

Support Document (TSD) 490

accompanying the recent final ozone 

NAAQS RIA. Readers can also refer to 

Fann et al. (2009) 491 for a detailed 

description of the benefit-per-ton 

methodology.492 A more detailed 

description of the benefit-per-ton 

estimates is also provided in the Joint 

TSD that accompanies this rulemaking. 

As described in the documentation for 

the benefit per-ton estimates cited 

above, national per-ton estimates were 

developed for selected pollutant/source 

category combinations. The per-ton 

values calculated therefore apply only 

to tons reduced from those specific 

pollutant/source combinations (e.g., 

NO2 emitted from mobile sources; direct 

PM emitted from stationary sources). 

Our estimate of PM2.5 benefits is 

therefore based on the total direct PM2.5

and PM-related precursor emissions 

controlled by sector and multiplied by 

each per-ton value. 

The benefit-per-ton estimates are 

subject to a number of assumptions and 

uncertainties. 

• Dollar-per-ton estimates do not 

reflect local variability in population 

density, meteorology, exposure, baseline 

health incidence rates, or other local 

factors that might lead to an 

overestimate or underestimate of the 

actual benefits of controlling fine 

particulates. In Section III.G, we 

describe the full-scale air quality 

modeling conducted for the 2030 

calendar year analysis in an effort to 

capture this variability. 

• There are several health benefits 

categories that EPA was unable to 

quantify in the MY analysis due to 

limitations associated with using 

benefits-per-ton estimates, several of 

which could be substantial. Because 

NOX and VOC emissions are also 

precursors to ozone, changes in NOX

and VOC would also impact ozone 

formation and the health effects 

associated with ozone exposure. 

Benefits-per-ton estimates do not exist 

for ozone, however, due to issues 

associated with the complexity of the 

atmospheric air chemistry and 

nonlinearities associated with ozone 

formation. The PM-related benefits-perton estimates also do not include any 

human welfare or ecological benefits. 

Please refer to Chapter 7 of the RIA that 

accompanies this rule for a description 

of the quantification and monetization 

of health impacts for the CY analysis 

and a description of the unquantified 

co-pollutant benefits associated with 

this rulemaking. 

• The benefit-per-ton estimates used 

in this analysis incorporate projections 

of key variables, including atmospheric 

conditions, source level emissions, 

population, health baselines and 

incomes, technology. These projections 

introduce some uncertainties to the 

benefit per ton estimates. 

• As described above, using the 

benefit-per-ton value derived from the 

ACS study (Pope et al., 2002) alone 

provides an incomplete characterization 

of PM2.5 benefits. When placed in the 

context of the Expert Elicitation results, 

this estimate falls toward the lower end 

of the distribution. By contrast, the 

estimated PM2.5 benefits using the 

coefficient reported by Laden in that 

author’s reanalysis of the Harvard SixCities cohort fall toward the upper end 

of the Expert Elicitation distribution 

results. 

As mentioned above, emissions 

changes and benefits-per-ton estimates 

alone are not a good indication of local 

or regional air quality and health 

impacts, as there may be localized 

impacts associated with this 

rulemaking. Additionally, the 

atmospheric chemistry related to 

ambient concentrations of PM2.5, ozone 

and air toxics is very complex. Fullscale photochemical modeling is 

therefore necessary to provide the 

needed spatial and temporal detail to 

more completely and accurately 

estimate the changes in ambient levels 

of these pollutants and their associated 

health and welfare impacts. Timing and 

resource constraints precluded EPA 

from conducting full-scale 

photochemical air quality modeling for 

the MY analysis. We have, however, 

conducted national-scale air quality 

modeling for the CY analysis to analyze 

the impacts of the standards on PM2.5, 

ozone, and selected air toxics. 

8. Energy Security Impacts 

This rule to reduce GHG emissions in 

light-duty vehicles results in improved 

fuel efficiency which, in turn, helps to 

reduce U.S. petroleum imports. A 

reduction of U.S. petroleum imports 

reduces both financial and strategic 

risks caused by potential sudden 

disruptions in the supply of imported 

petroleum to the U.S. This reduction in 

mstockstill on DSKB9S0YB1PROD with RULES2

25532 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 

493Source: U.S. Bureau of Economic Analysis, 

U.S. International Transactions Accounts Data, as 

shown on June 24, 2009. 494Source: U.S. Department of Energy, Annual 

Energy Review 2008, Report No. DOE/EIA– 

0384(2008), Tables 5.1 and 5.13c, June 26, 2009. 495Leiby, Paul N. ‘‘Estimating the Energy Security 

Benefits of Reduced U.S. Oil Imports’’ Oak Ridge 

National Laboratory, ORNL/TM–2007/028, Final 

Report, 2008. (Docket EPA–HQ–OAR–2009–0472). 496The 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 import 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–2009– 

0472). 

497OMB Circular A–4, September 17, 2003. See 

http://www.whitehouse.gov/omb/assets/omb/

circulars/a004/a-4.pdf. 

risk is a measure of improved U.S. 

energy security. This section 

summarizes our estimate of the 

monetary value of the energy security 

benefits of the GHG vehicle standards 

against the reference case by estimating 

the impact of the expanded use of 

lower-GHG vehicle technologies on U.S. 

oil imports and avoided U.S. oil import 

expenditures. Additional discussion of 

this issue can be found in Chapter 5.1 

of EPA’s RIA and Section 4.2.8 of the 

TSD. 

a. 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.493 In 2008, the U.S. imported 

66 percent of the petroleum it 

consumed, 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 1975.494 It is 

clear that petroleum imports have a 

significant impact on the U.S. economy. 

Requiring lower-GHG vehicle 

technology in the U.S. is expected to 

lower U.S. petroleum imports. 

b. Energy Security Implications 

In order to understand the energy 

security 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 provided 

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 

rulemaking.495 496

When conducting this analysis, ORNL 

considered the economic cost of 

importing petroleum into the U.S. 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 OPEC market power (i.e., 

the ‘‘demand’’ or ‘‘monopsony’’ costs); 

and (2) the risk of reductions in U.S. 

economic output and disruption of the 

U.S. economy caused by sudden 

disruptions in the supply of imported 

petroleum to the U.S. (i.e., 

macroeconomic disruption/adjustment 

costs). Maintaining a U.S. military 

presence to help secure stable oil supply 

from potentially vulnerable regions of 

the world was not included in this 

analysis because its attribution to 

particular missions or activities is hard 

to quantify. 

One commenter on this rule felt that 

the magnitude of the economic 

disruption portion of the energy security 

benefit may be too high. This 

commenter cites a recent paper written 

by Stephen P.A. Brown and Hillard G. 

Huntington, entitled ‘‘Estimating U.S. 

Oil Security Premiums’’ (September 

2009) as the basis for their comment. 

The Agency reviewed this paper and 

found that it conducted a somewhat 

different analysis than the one 

conducted by ORNL in support of this 

rule. The Brown and Huntington paper 

focuses on policies and the energy 

security implications of increasing U.S. 

demand for oil (or at least holding U.S. 

oil consumption constant), while the 

ORNL analysis examines the energy 

security implications of decreasing U.S. 

oil consumption and oil imports. These 

asymmetrical analyses would be 

expected to yield somewhat different 

energy security results. 

However, even given the different 

scenarios considered, the Brown and 

Huntington estimates are roughly 

similar to the ORNL estimates. For 

example, for an increase in U.S. 

consumption that leads to an increase in 

U.S. imports of oil, Brown and 

Huntington estimate a 2015 disruption 

premium of $4.87 per barrel, with an 

uncertainty range from $1.03 to $14.10 

per barrel. The corresponding 2015 

estimate for ORNL as the result of a 

reduction in U.S. oil imports is $6.70 

per barrel, with an uncertainty range of 

$3.11 to $10.67 per barrel. Given that 

the two studies analyze different 

scenarios, since the Brown and 

Huntington disruption premiums are 

well within the uncertainty range of the 

ORNL study, and given that the ORNL 

scenario matches the specific oil market 

impacts anticipated from the rule while 

the Brown and Huntington paper does 

not, the Agency has concluded that the 

ORNL disruption security premium 

estimates are more applicable for 

analyzing this final rule. 

In the energy security literature, the 

macroeconomic disruption component 

of the energy security premium 

traditionally has included both (1) 

increased payments for petroleum 

imports associated with a rapid increase 

in world oil prices, and (2) the GDP 

losses and adjustment costs that result 

from projected future oil price shocks. 

One commenter suggested that the 

increased payments associated with 

rapid increases in petroleum prices (i.e., 

price increases in a disrupted market) 

represent transfers from U.S. oil 

consumers to petroleum suppliers rather 

than real economic costs, and therefore, 

should not be counted as a benefit. 

This approach would represent a 

significant departure from how the 

macroeconomic disruption costs 

associated with oil price shocks have 

been quantified in the broader energy 

security literature, and the Agencies 

believe it should be analyzed in more 

detail before being applied in a 

regulatory context. In addition, the 

Agencies also believe that there are 

compelling reasons to treat higher oil 

import costs during oil supply 

disruptions differently than simple 

wealth transfers that reflect the exercise 

of market power by petroleum sellers or 

consumers. According to the OMB 

definition of a transfer: ‘‘Benefit and cost 

estimates should reflect real resource 

use. Transfer payments are monetary 

payments from one group to another 

that do not affect total resources 

available to society. * * * The net 

reduction in the total surplus (consumer 

plus producer) is a real cost to society, 

but the transfer from buyers to sellers 

resulting from a higher price is not a 

real cost since the net reduction 

automatically accounts for the transfer 

from buyers to sellers.’’ 497 In other 

words, pure transfers do not lead to 

changes in the allocation or 

consumption of economic resources, 

whereas changes in the resource 

allocation or use produce real economic 

costs or benefits. 

While price increases during oil price 

disruptions can result in large transfers 

of wealth, they also result in a 

combination of real resource shortages, 

costly short-run shifts in energy supply, 

behavioral and demand adjustments by 

energy users, and other response costs. 

Unlike pure transfers, the root cause of 

mstockstill on DSKB9S0YB1PROD with RULES2

Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 25533 

498For a more complete discussion of the reasons 

why the oil import cost component of the 

macroeconomic disruption and adjustment costs 

includes some real costs and does not represent a 

pure transfer, see Paul N. Leiby, Estimating the 

Energy Security Benefits of Reduced U.S. Oil 

Imports: Final Report, ORNL–TM–2007–028, Oak 

Ridge National Laboratory, March 14, 2008, pp. 21– 

25. 

499AEO 2009 forecasts energy market trends and 

values only to 2030. The energy security premium 

estimates post-2030 were assumed to be the 2030 

estimate. 

the disruption price increase is a real 

resource supply reduction due, for 

example, to disaster or war. Regions 

where supplies are disrupted (i.e., the 

U.S.) suffer very high costs. Businesses’ 

and households’ emergency responses 

to supply disruptions and rapid price 

increases are likely to consume some 

real economic resources, in addition to 

causing financial losses to the U.S. 

economy that are matched by offsetting 

gains elsewhere in the global economy. 

While households and businesses can 

reduce their petroleum consumption, 

invest in fuel switching technologies, or 

use futures markets to insulate 

themselves in advance against the 

potential costs of rapid increases in oil 

prices, when deciding how extensively 

to do so, they are unlikely to account for 

the effect of their petroleum 

consumption on the magnitude of costs 

that supply interruptions and 

accompanying price shocks impose on 

others. As a consequence, the U.S. 

economy as a whole will not make 

sufficient use of these mechanisms to 

insulate itself from the real costs of 

rapid increases in energy prices and 

outlays that usually accompany oil 

supply interruptions.498 Therefore, the 

ORNL estimate of macroeconomic 

disruption and adjustment costs that the 

Agencies use to value energy security 

benefits includes the increased oil 

import costs stemming from oil price 

shocks that are unanticipated and not 

internalized by advance actions of U.S. 

consumers of petroleum products. The 

Agencies believe that, as the ORNL 

analysis argues, the uninternalized oil 

import costs that occur during oil 

supply interruptions represents a real 

cost associated with U.S. petroleum 

consumption and imports, and that 

reducing its value by lowering domestic 

petroleum consumption and imports 

thus represents a real economic benefit 

from lower fuel consumption. 

For this rule, ORNL estimated the 

energy security premium by 

incorporating the oil price forecast of 

the Energy Information Administration’s 

2009 Annual Energy Outlook (AEO) to 

its model. The Agency considered, but 

rejected the option, of further updating 

this analysis using the oil price 

estimates provided by the AEO 2010. 

Given the broad uncertainty bands 

around oil price forecasts and the 

relatively modest change in oil price 

forecasts between the AEO 2009 and 

AEO 2010, the Agency felt that updating 

to AEO 2010 oil prices would not 

significantly change the results of this 

energy security analysis. Finally, the 

EPA used its OMEGA model in 

conjunction with ORNL’s energy 

security premium estimates to develop 

the total energy security benefits for a 

number of different years; please refer to 

Table III.H.8–1 for this information for 

years 2015, 2020, 2030 and 2040,499 as 

well as a breakdown of the components 

of the energy security premium for each 

of these years. The components of the 

energy security premium and their 

values are discussed in detail in the 

Joint TSD Chapter 4. 

Because the price of oil is determined 

globally, supply and demand shocks 

anywhere in the world will have an 

adverse impact on the United States 

(and on all other oil consuming 

countries). The total economic costs of 

those shocks to the U.S. will depend on 

both U.S. petroleum consumption and 

imports of petroleum and refined 

products. The analysis relied upon to 

estimate energy security benefits from 

reducing U.S. petroleum consumption 

estimates the value of energy security 

using the estimated oil import premium, 

and is thus consistent with how much 

of the energy security literature reports 

energy security impacts. Since this rule 

is expected to have little impact on the 

U.S. supply of crude petroleum, a 

reduction in U.S. fuel consumption is 

expected to be reflected predominantly 

in reduced imports of petroleum and 

refined fuel. The estimated energy 

security premium associated with a 

reduction in U.S. petroleum 

consumption that leads to a reduction in 

imports would likely be somewhat 

larger, due to diminished sensitivity of 

the U.S. economy to oil supply shocks 

that would accompany the reduction in 

oil consumption. 

In addition, while the estimates of 

energy security externalities used in this 

analysis depend on a combination of 

U.S. petroleum consumption and 

imports, they have been expressed as 

per barrel of petroleum imported into 

the U.S. The Agencies’ analyses apply 

these estimates to the reduction in U.S. 

imports of crude petroleum and refined 

products that is projected to result from 

the rule in order to determine the 

benefits that are likely to result from 

fuel savings and the consequent 

reduction in imports. Thus, the 

estimates of energy security externalities 

have been used in this analysis in a way 

that is completely consistent with how 

they are defined and measured in the 

ORNL analysis. 

TABLE III.H.8–1—ENERGY SECURITY PREMIUM IN 2015, 2020, 2030 AND 2040 (2007$/BARREL) 

Year 

(range) Monopsony Macroeconomic disruption/adjustment costs Total mid-point 

2015 ............................................... $11.79 ($4.26–$21.37) ................. $6.70 ($3.11–$10.67) ................... $18.49 ($9.80–$28.08) 

2020 ............................................... $12.31 ($4.46–$22.53) ................. $7.62 ($3.77–$12.46) ................... $19.94 ($10.58–$30.47) 

2030 ............................................... $10.57 ($3.84–18.94) ................... $8.12 ($3.90–$13.04) ................... $18.69 ($10.52–$27.89) 

2040 ............................................... $10.57 ($3.84–$18.94) ................. $8.12 ($3.90–$13.04) ................... $18.69 ($10.52–$27.89) 

The literature on the energy security 

for the last two decades has routinely 

combined the monopsony and the 

macroeconomic disruption components 

when calculating the total value of the 

energy security premium. However, in 

the context of using a global value for 

the Social Cost of Carbon (SCC) the 

question arises: How should the energy 

security premium be used when some 

benefits from the rule, such as the 

benefits of reducing greenhouse gas 

emissions, are calculated using a global 

value? Monopsony benefits represent 

avoided payments by the U.S. to oil 

producers in foreign countries that 

result from a decrease in the world oil 

price as the U.S. decreases its 

consumption of imported oil. Although 

there is clearly a benefit to the U.S. 

when considered from the domestic 

perspective, the decrease in price due to 

decreased demand in the U.S. also 

represents a loss of income to oilmstockstill on DSKB9S0YB1PROD with RULES2

25534 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 

500Estimated reductions in U.S. imports of 

finished petroleum products and crude oil are 95% 

of 89 million barrels (MMB) in 2015, 300 MMB in 

2020, 590 MMB in 2030, and 778 MMB in 2040. 501Preliminary Regulatory Impacts Analysis, 

April 2008. Based on a detailed analysis of 

differences in fuel consumption, petroleum 

imports, and imports of refined petroleum products 

among the Reference Case, High Economic Growth, 

and Low Economic Growth Scenarios presented in 

the Energy Information Administration’s Annual 

Energy Outlook 2007, NHTSA estimated that 

approximately 50 percent of the reduction in fuel 

consumption is likely to be reflected in reduced 

U.S. imports of refined fuel, while the remaining 50 

percent would be 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 is anticipated to reduce total U.S. imports of 

crude petroleum or refined fuel by 0.95 gallons. 

producing countries. Given the 

redistributive nature of this effect, do 

the negative effects on other countries 

‘‘net out’’ the positive impacts to the 

U.S.? If this is the case, then the 

monopsony portion of the energy 

security premium should be excluded 

from the net benefits calculation for the 

rule. OMB’s Circular A–4 gives 

guidance in this regard. Domestic 

pecuniary benefits (or transfers between 

buyers and sellers) generally should not 

be included because they do not 

represent real resource costs, though A– 

4 notes that transfers to the U.S. from 

other countries may be counted as 

benefits as long as the analysis is 

conducted from a U.S. perspective. 

Energy security is broadly defined as 

protecting the U.S. economy against 

circumstances that threaten significant 

short- and long-term increases in energy 

costs. Energy security is inherently a 

domestic benefit. Accordingly, it is 

possible to argue that the use of the 

domestic monopsony benefit may not 

necessarily be in conflict with the use 

of the global SCC, because the global 

SCC represents the benefits against 

which the costs of our (i.e., the U.S.’s) 

domestic mitigation efforts should be 

judged. In the final analysis, the Agency 

has determined that using only the 

macroeconomic disruption component 

of the energy security benefit is the 

appropriate metric for this rule. 

At proposal, the Agency took the 

position that since a global perspective 

was being taken with the use of the 

global SCC, that the monopsony benefits 

‘‘net out’’ and were a transfer. Two 

commenters felt that the monopsony 

effect should be excluded from net 

benefits calculations for the rule since it 

is a ‘‘pecuniary’’ externality or does not 

represent an efficiency gain. One of the 

commenters suggested that EPA instead 

conduct a distributional analysis of the 

monopsony impacts of the final rule. 

The Agency disagrees that all pecuniary 

externalities should necessarily be 

excluded from net benefits calculations 

as a general rule. In this case considered 

here, the oil market is non-competitive, 

and if the social decision-making unit of 

interest is the U.S., there is an argument 

for accounting for the monopsony 

premium to assess the excess transfer of 

wealth caused by the exercise of cartel 

power outside of the U.S. 

However, for the final rule, the 

Agency continues to take a global 

perspective with respect to climate 

change by using the global SCC. 

Therefore, the Agency did not count 

monopsony benefits since they ‘‘net out’’ 

with losses to other countries outside 

the U.S. Since a global perspective has 

been taken, a distributional analysis was 

not undertaken for this final rule, since 

the losses to the losers (oil producers 

that export oil to the U.S.) would equal 

the gains to the winners (U.S. 

consumers of imported oil). As a result, 

the Agency has included only the 

macroeconomic disruption portion of 

the energy security benefits to monetize 

the total energy security benefits of this 

rule. Hence, the total annual energy 

security benefits are derived from the 

estimated reductions in U.S. imports of 

finished petroleum products and crude 

oil using only the macroeconomic 

disruption/adjustment portion of the 

energy security premium. These values 

are shown in Table III.H.8–2.500 The 

reduced oil estimates were derived from 

the OMEGA model, as explained in 

Section III.F of this preamble. EPA used 

the same assumption that NHTSA used 

in its Corporate Average Fuel Economy 

and CAFE Reform for MY 2008–2011 

Light Trucks rule, which assumed that 

each gallon of fuel saved reduces total 

U.S. imports of crude oil or refined 

products by 0.95 gallons.501

TABLE III.H.8–2—TOTAL ANNUAL ENERGY SECURITY BENEFITS USING

ONLY THE MACROECONOMIC DISRUPTION/ADJUSTMENT COMPONENT

OF THE ENERGY SECURITY PREMIUM

IN 2015, 2020, 2030 AND 2040 

[Billions of 2007$] 

Year Benefits 

2015 ...................................... $0.57 

2020 ...................................... $2.17 

2030 ...................................... $4.55 

2040 ...................................... $6.00 

9. Other Impacts 

There are other impacts associated 

with the CO2 emissions standards and 

associated reduced fuel consumption 

that vary with miles driven. Lower fuel 

consumption would, presumably, result 

in fewer trips to the filling station to 

refuel and, thus, time saved. The 

rebound effect, discussed in detail in 

Section III.H.4.c, produces additional 

benefits to vehicle owners in the form 

of consumer surplus from the increase 

in vehicle-miles driven, but may also 

increase the societal costs associated 

with traffic congestion, motor vehicle 

crashes, and noise. These effects are 

likely to be relatively small in 

comparison to the value of fuel saved as 

a result of the standards, but they are 

nevertheless important to include. Table 

III.H.9–1 summarizes the other 

economic impacts. Please refer to 

Preamble Section II.F and the Joint TSD 

that accompanies this rule for more 

information about these impacts and 

how EPA and NHTSA use them in their 

analyses. 

Note that for the estimated value of 

less frequent refueling events, EPA’s 

estimate is subject to a number of 

uncertainties which we discuss in detail 

in Chapter 4.1.11 of the Joint TSD, and 

the actual value could be higher or 

lower than the value presented here. 

Specifically, the analysis makes three 

assumptions: (a) That manufacturers 

will not adjust fuel tank capacities 

downward (from the current average of 

19.3 gallons) when they improve the 

fuel economy of their vehicle models. 

(b) that the average fuel purchase (55 

percent of fuel tank capacity) is the 

typical fuel purchase. (c) that 100 

percent of all refueling is demandbased; i.e., that every gallon of fuel 

which is saved would reduce the need 

to return to the refueling station. A new 

research project is being planned by 

DOT which will include a detailed 

study of refueling events, and which is 

expected to improve upon these 

assumptions. These assumptions and 

the new DOT research project are 

discussed in detail in Joint TSD Chapter 

4.2.10. 

mstockstill on DSKB9S0YB1PROD with RULES2

Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 25535 

TABLE III.H.9–1—OTHER IMPACTS ASSOCIATED WITH THE LIGHT-DUTY VEHICLE GHG PROGRAM

[Millions of 2007 dollars] 

2020 2030 2040 2050 NPV, 3% NPV, 7% 

Value of Less Frequent Refueling ................................... $2,400 $4,800 $6,300 $8,000 $87,900 $40,100 

Value of Increased Driving a ............................................ 4,200 8,800 13,000 18,400 171,500 75,500 

Accidents, Noise, Congestion .......................................... ¥2,300 ¥4,600 ¥6,100 ¥7,800 ¥84,800 ¥38,600 

a Calculated using post-tax fuel prices. 

10. Summary of Costs and Benefits 

In this section, EPA presents a 

summary of costs, benefits, and net 

benefits of the rule. Table III.H.10–1 

shows the estimated annual societal 

costs of the vehicle program for the 

indicated calendar years. The table also 

shows the net present values of those 

costs for the calendar years 2012–2050 

using both a 3 percent and a 7 percent 

discount rate. In this table, fuel savings 

are calculated using pre-tax fuel prices. 

Consumers are expected to receive the 

fuel savings presented here. The cost 

estimates for the fuel-saving technology 

are based on designs that will hold all 

vehicle attributes constant except fuel 

economy and technology cost. This 

analysis also assumes that consumers 

will not change the vehicles that they 

purchase. Automakers may redesign 

vehicles as part of their compliance 

strategies. The redesigns should be 

expected to make the vehicles more 

attractive to consumers, because the 

ability to hold all other attributes 

constant means that the only reason to 

change them is to make them more 

marketable to consumers. In addition, 

consumers may choose to purchase 

different vehicles than they would in 

the absence of this rule. These changes 

may affect the net benefits that 

consumers receive from their vehicles. If 

consumers can buy the same vehicle as 

before, except with increased price and 

fuel economy, then the increase in 

vehicle price is the maximum loss in 

welfare to the consumer, because 

compensating the increase in price 

would leave her able to buy her 

previous vehicle with no change. If she 

decides to purchase a different vehicle, 

or not to purchase a vehicle, she would 

do so only if she were better off than 

buying her original choice. Because of 

the unsettled state of the modeling of 

consumer choices (discussed in Section 

III.H.1 and in RIA Section 8.1.2), this 

analysis does not measure these effects. 

If the technology costs are not sufficient 

to maintain other vehicle attributes, 

then it is possible that automakers 

would be required to make less 

marketable vehicles in order to comply 

with the rule; as a result, there may be 

an additional loss in consumer welfare 

due to the rule. While EPA received 

comments expressing concern over the 

possibility of these losses, there were no 

specific losses identified. 

TABLE III.H.10–1—ESTIMATED SOCIETAL COSTS OF THE LIGHT-DUTY VEHICLE GHG PROGRAM

[Millions of 2007 dollars] 

Social costs 2020 2030 2040 2050 NPV, 3% NPV, 7% 

Vehicle Compliance Costs ............................................... $15,600 $15,800 $17,400 $19,000 $345,900 $191,900 

Fuel Savings a .................................................................. ¥35,700 ¥79,800 ¥119,300 ¥171,200 ¥1,545,600 ¥672,600 

Quantified Annual Costs .................................................. ¥20,100 ¥64,000 ¥101,900 ¥152,200 ¥1,199,700 ¥480,700 

a Calculated using pre-tax fuel prices. 

Table III.H.10–2 presents estimated 

annual societal 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 a 3 percent and a 7 

percent discount rate. The table shows 

the benefits of reduced CO2 emissions— 

and consequently the annual quantified 

benefits (i.e., total benefits)—for each of 

four SCC values considered by EPA. As 

discussed in the RIA Section 7.5, the 

IPCC Fourth Assessment Report (2007) 

concluded that that the benefit estimates 

from CO2 reductions are ‘‘very likely’’ 

underestimates. One of the primary 

reasons is that models used to calculate 

SCC values do not include information 

about impacts that have not been 

quantified. 

In addition, these monetized GHG 

benefits exclude the value of reductions 

in non-CO2 GHG emissions (HFC, CH4, 

N2O) expected under this final rule. 

Although EPA has not monetized the 

benefits of reductions in non-CO2 GHGs, 

the value of these reductions should not 

be interpreted as zero. Rather, the 

reductions in non-CO2 GHGs will 

contribute to this rule’s climate benefits, 

as explained in Section III.F. The SCC 

TSD notes the difference between the 

social cost of non-CO2 emissions and 

SCC and specifies a goal to develop 

methods to value non-CO2 emissions in 

future analyses. 

TABLE III.H.10–2—ESTIMATED SOCIETAL BENEFITS ASSOCIATED WITH THE LIGHT-DUTY VEHICLE GHG PROGRAM

[Millions of 2007 dollars] 

Benefits category 2020 2030 2040 2050 NPV, 3% a NPV, 7% a

Reduced CO2 Emissions at each assumed SCC 

value b c

Avg SCC at 5% ............................................ $900 $2,700 $4,600 $7,200 $34,500 $34,500 

Avg SCC at 3% ............................................ 3,700 8,900 14,000 21,000 176,700 176,700 

Avg SCC at 2.5% ......................................... 5,800 14,000 21,000 30,000 299,600 299,600 

95th percentile SCC at 3% ........................... 11,000 27,000 43,000 62,000 538,500 538,500 

Criteria Pollutant Benefits defg ............................ B 1,200–1,300 1,200–1,300 1,200–1,300 21,000 14,000 

Energy Security Impacts (price shock) ................ 2,200 4,500 6,000 7,600 81,900 36,900 

mstockstill on DSKB9S0YB1PROD with RULES2

25536 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 

TABLE III.H.10–2—ESTIMATED SOCIETAL BENEFITS ASSOCIATED WITH THE LIGHT-DUTY VEHICLE GHG PROGRAM— 

Continued 

[Millions of 2007 dollars] 

Benefits category 2020 2030 2040 2050 NPV, 3% a NPV, 7% a

Reduced Refueling .............................................. 2,400 4,800 6,300 8,000 87,900 40,100 

Value of Increased Driving h ................................ 4,200 8,800 13,000 18,400 171,500 75,500 

Accidents, Noise, Congestion .............................. ¥2,300 ¥4,600 ¥6,100 ¥7,800 ¥84,800 ¥38,600 

Quantified Annual Benefits at each assumed 

SCC value b c

Avg SCC at 5% ............................................ 7,400 17,500 25,100 34,700 312,000 162,400 

Avg SCC at 3% ............................................ 10,200 23,700 34,500 48,500 454,200 304,600 

Avg SCC at 2.5% ......................................... 12,300 28,800 41,500 57,500 577,100 427,500 

95th percentile SCC at 3% ........................... 17,500 41,800 63,500 89,500 816,000 666,400 

a 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, 2.5 percent) is used to calculate net present value of SCC for internal consistency. 

Refer to the SCC TSD for more detail. b Monetized GHG benefits exclude the value of reductions in non-CO2 GHG emissions (HFC, CH4 and N2O) expected under this final rule. Although EPA has not monetized the benefits of reductions in these non-CO2 emissions, the value of these reductions should not be interpreted as 

zero. Rather, the reductions in non-CO2 GHGs will contribute to this rule’s climate benefits, as explained in Section III.F.2. The SCC TSD notes 

the difference between the social cost of non-CO2 emissions and CO2 emissions, and specifies a goal to develop methods to value non-CO2

emissions in future analyses. cSection III.H.6 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%: $21–$45; for Average SCC at 2.5%: $36–$65; and for 95th percentile SCC at 3%: $65–$136. Section III.H.6 also presents these SCC estimates. d Note that ‘‘B’’ indicates unquantified criteria pollutant benefits in the year 2020. For the final rule, we only modeled the rule’s PM2.5- and 

ozone-related impacts in the calendar year 2030. For the purposes of estimating a stream of future-year criteria pollutant benefits, we 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 rule. eThe benefits presented in this table include an estimate of PM-related premature mortality derived from Laden et al., 2006, and the ozone-related premature mortality estimate derived from Bell et al., 2004. If the benefit estimates were based on the ACS study of PM-related premature 

mortality (Pope et al., 2002) and the Levy et al., 2005 study of ozone-related premature mortality, the values would be as much as 70% smaller. fThe calendar year benefits presented in this table assume either a 3% discount rate in the valuation of PM-related premature mortality 

($1,300 million) or a 7% discount rate ($1,200 million) to account for a twenty-year segmented cessation lag. Note that the benefits estimated 

using a 3% discount rate were used to calculate the NPV using a 3% discount rate and the benefits estimated using a 7% discount rate were 

used to calculate the NPV using a 7% discount rate. For benefits totals presented at each calendar year, we used the mid-point of the criteria 

pollutant benefits range ($1,250). g Note that the co-pollutant impacts presented here do not include the full complement of endpoints that, if quantified and monetized, would 

change the total monetized estimate of impacts. The full complement of human health and welfare effects associated with PM and ozone remain 

unquantified because 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 easily interpretable 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 benefits due to reductions of impacts of eutrophication in coastal areas. h Calculated using pre-tax fuel prices. 

Table III.H.10–3 presents estimated 

annual net benefits for the indicated 

calendar years. The table also shows the 

net present values of those net benefits 

for the calendar years 2012–2050 using 

both a 3 percent and a 7 percent 

discount rate. The table includes the 

benefits of reduced CO2 emissions (and 

consequently the annual net benefits) 

for each of four SCC values considered 

by EPA. As noted above, the benefit 

estimates from CO2 reductions are ‘‘very 

likely,’’ according to the IPCC Fourth 

Assessment Report, underestimates 

because, in part, models used to 

calculate SCC values do not include 

information about impacts that have not 

been quantified. 

TABLE III.H.10–3—QUANTIFIED NET BENEFITS ASSOCIATED WITH THE LIGHT-DUTY VEHICLE GHG PROGRAM a

[Millions of 2007 dollars] 

2020 2030 2040 2050 NPV, 3% b NPV, 7% b

Quantified Annual Costs ...................................... ¥$20,100 ¥$64,000 ¥$101,900 ¥$152,200 ¥$1,199,700 ¥$480,700 

Quantified Annual Benefits at each assumed SCC value c d

Avg SCC at 5% .................................................... 7,400 17,500 25,100 34,700 312,000 162,400 

Avg SCC at 3% .................................................... 10,200 23,700 34,500 48,500 454,200 304,600 

Avg SCC at 2.5% ................................................. 12,300 28,800 41,500 57,500 577,100 427,500 

95th percentile SCC at 3% .................................. 17,500 41,800 63,500 89,500 816,000 666,400 

Quantified Net Benefits at each assumed SCC value c d

Avg SCC at 5% .................................................... 27,500 81,500 127,000 186,900 1,511,700 643,100 

Avg SCC at 3% .................................................... 30,300 87,700 136,400 200,700 1,653,900 785,300 

Avg SCC at 2.5% ................................................. 32,400 92,800 143,400 209,700 1,776,800 908,200 

mstockstill on DSKB9S0YB1PROD with RULES2

Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 25537 

TABLE III.H.10–3—QUANTIFIED NET BENEFITS ASSOCIATED WITH THE LIGHT-DUTY VEHICLE GHG PROGRAM a— 

Continued 

[Millions of 2007 dollars] 

2020 2030 2040 2050 NPV, 3% b NPV, 7% b

95th percentile SCC at 3% .................................. 37,600 105,800 165,400 241,700 2,015,700 1,147,100 

aFuel impacts were calculated using pre-tax fuel prices. 

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, 2.5 percent) is used to calculate net present value of SCC for internal consistency. 

Refer to the SCC TSD for more detail. c Monetized GHG benefits exclude the value of reductions in non-CO2 GHG emissions (HFC, CH4 and N2O) expected under this final rule. Although EPA has not monetized the benefits of reductions in these non-CO2 emissions, the value of these reductions should not be interpreted as 

zero. Rather, the reductions in non-CO2 GHGs will contribute to this rule’s climate benefits, as explained in Section III.F.2. The SCC TSD notes 

the difference between the social cost of non-CO2 emissions and CO2 emissions, and specifies a goal to develop methods to value non-CO2

emissions in future analyses. dSection III.H.6 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%: $21–$45; for Average SCC at 2.5%: $36–$65; and for 95th percentile SCC at 3%: $65–$136. 

Section III.H.6 also presents these SCC estimates. 

EPA also conducted a separate 

analysis of the total benefits over the 

model year lifetimes of the 2012 through 

2016 model year vehicles. In contrast to 

the calendar year analysis presented in 

Table III.H.10–1 through Table III.H.10– 

3, the model year lifetime analysis 

shows the lifetime impacts of the 

program on each of these MY fleets over 

the course of its lifetime. Full details of 

the inputs to this analysis can be found 

in RIA Chapter 5. The societal benefits 

of the full life of each of the five model 

years from 2012 through 2016 are 

shown in Tables III.H.10–4 and III.H.10– 

5 at both a 3 percent and a 7 percent 

discount rate, respectively. The net 

benefits are shown in Tables III.H.10–6 

and III.H.10–7 for both a 3 percent and 

a 7 percent discount rate. Note that the 

quantified annual benefits shown in 

Table III.H.10–4 and Table III.H.10–5 

include fuel savings as a positive 

benefit. As such, the quantified annual 

costs as shown in Table III.H.10–6 and 

Table III.H.10–7 do not include fuel 

savings since those are included as 

benefits. Also note that each of the 

Tables III.H.10–4 through Table 

III.H.10–7 include the benefits of 

reduced CO2 emissions—and 

consequently the total benefits—for 

each of four SCC values considered by 

EPA. As noted above, the benefit 

estimates from CO2 reductions are ‘‘very 

likely,’’ according to the IPCC Fourth 

Assessment Report, underestimates 

because, in part, models used to 

calculate SCC values do not include 

information about impacts that have not 

been quantified. 

TABLE III.H.10–4—ESTIMATED SOCIETAL BENEFITS ASSOCIATED WITH THE LIFETIMES OF 2012–2016 MODEL YEAR

VEHICLES

[Millions of 2007 dollars; 3% discount rate] 

Monetized values (millions) 2012MY 2013MY 2014MY 2015MY 2016MY Sum 

Cost of Noise, Accident, Congestion ($) ............. ¥$1,100 ¥$1,600 ¥$2,100 ¥$2,900 ¥$3,900 ¥$11,600 

Pretax Fuel Savings ($) ....................................... 16,100 23,900 32,200 46,000 63,500 181,800 

Energy Security (price shock) ($) a ...................... 900 1,400 1,800 2,500 3,500 10,100 

Value of Reduced Refueling time ($) .................. 1,100 1,600 2,100 3,000 4,000 11,900 

Value of Additional Driving ($) ............................. 2,400 3,400 4,400 6,000 7,900 24,000 

Value of PM2.5-related Health Impacts ($) bcd .... 700 900 1,300 1,800 2,400 7,000 

Reduced CO2 Emissions at each assumed SCC value efg

Avg SCC at 5% .................................................... 400 500 700 1,000 1,300 3,800 

Avg SCC at 3% .................................................... 1,700 2,400 3,100 4,400 5,900 17,000 

Avg SCC at 2.5% ................................................. 2,700 3,900 5,200 7,200 9,700 29,000 

95th percentile SCC at 3% .................................. 5,100 7,300 9,600 13,000 18,000 53,000 

Total Benefits at each assumed SCC value efg

Avg SCC at 5% .................................................... 20,500 30,100 40,400 57,400 78,700 227,000 

Avg SCC at 3% .................................................... 21,800 32,000 42,800 60,800 83,300 240,200 

Avg SCC at 2.5% ................................................. 22,800 33,500 44,900 63,600 87,100 252,200 

95th percentile SCC at 3% .................................. 25,200 36,900 49,300 69,400 95,400 276,200 

a Note that, due to a calculation error in the proposal, the energy security impacts for the model year analysis were roughly half what they 

should have been. b Note that the co-pollutant impacts associated with the standards presented here do not include the full complement of endpoints that, if quantified and monetized, would change the total monetized estimate of rule-related impacts. Instead, the co-pollutant benefits are based on benefitper-ton values that reflect only human health impacts associated with reductions in PM2.5 exposure. Ideally, human health and environmental 

benefits would be based on changes in ambient PM2.5 and ozone as determined by full-scale air quality modeling. However, EPA was unable to 

conduct a full-scale air quality modeling analysis associated with the vehicle model year lifetimes for the final rule. cThe PM2.5-related benefits (derived from benefit-per-ton values) presented in this table are based on an estimate of premature mortality derived from the ACS study (Pope et al., 2002). If the benefit-per-ton estimates were based on the Six Cities study (Laden et al., 2006), the values 

would be approximately 145% (nearly two-and-a-half times) larger. 

mstockstill on DSKB9S0YB1PROD with RULES2

25538 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 

dThe PM2.5-related benefits (derived from benefit-per-ton values) presented in this table assume a 3% discount rate in the valuation of premature mortality to account for a twenty-year segmented cessation lag. If a 7% discount rate had been used, the values would be approximately 

9% lower. e 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, 2.5 percent) is used to calculate net present value of SCC for internal consistency. 

Refer to the SCC TSD for more detail. f Monetized GHG benefits exclude the value of reductions in non-CO2 GHG emissions (HFC, CH4 and N2O) expected under this final rule. Although EPA has not monetized the benefits of reductions in these non-CO2 emissions, the value of these reductions should not be interpreted as 

zero. Rather, the reductions in non-CO2 GHGs will contribute to this rule’s climate benefits, as explained in Section III.F.2. The SCC TSD notes 

the difference between the social cost of non-CO2 emissions and CO2 emissions, and specifies a goal to develop methods to value non-CO2

emissions in future analyses. gSection III.H.6 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%: $21–$45; for Average SCC at 2.5%: $36–$65; and for 95th percentile SCC at 3%: $65–$136. 

Section III.H.6 also presents these SCC estimates. 

TABLE III.H.10–5—ESTIMATED SOCIETAL BENEFITS ASSOCIATED WITH THE LIFETIMES OF 2012–2016 MODEL YEAR

VEHICLES

[Millions of 2007 dollars; 7% discount rate] 

Monetized values (millions) 2012MY 2013MY 2014MY 2015MY 2016MY Sum 

Cost of Noise, Accident, Congestion ($) ............. ¥$900 ¥$1,200 ¥$1,600 ¥$2,300 ¥$3,100 ¥$9,200 

Pretax Fuel Savings ($) ....................................... 12,500 18,600 25,100 36,000 49,600 141,900 

Energy Security (price shock) ($) a ...................... 800 1,100 1,400 2,000 2,700 8,000 

Value of Reduced Refueling time ($) .................. 900 1,300 1,700 2,400 3,200 9,400 

Value of Additional Driving ($) ............................. 1,900 2,700 3,500 4,700 6,200 19,000 

Value of PM2.5-related Health Impacts ($) bcd .... 500 800 1,000 1,400 1,900 5,600 

Reduced CO2 Emissions at each assumed SCC value efg

Avg SCC at 5% .................................................... 400 500 700 1,000 1,300 3,800 

Avg SCC at 3% .................................................... 1,700 2,400 3,100 4,400 5,900 17,000 

Avg SCC at 2.5% ................................................. 2,700 3,900 5,200 7,200 9,700 29,000 

95th percentile SCC at 3% .................................. 5,100 7,300 9,600 13,000 18,000 53,000 

Total Benefits at each assumed SCC value efg

Avg SCC at 5% .................................................... 16,100 23,800 31,800 45,200 61,800 178,500 

Avg SCC at 3% .................................................... 17,400 25,700 34,200 48,600 66,400 191,700 

Avg SCC at 2.5% ................................................. 18,400 27,200 36,300 51,400 70,200 203,700 

95th percentile SCC at 3% .................................. 20,800 30,600 40,700 57,200 78,500 227,700 

a Note that, due to a calculation error in the proposal, the energy security impacts for the model year analysis were roughly half what they 

should have been. b Note that the co-pollutant impacts associated with the standards presented here do not include the full complement of endpoints that, if quantified and monetized, would change the total monetized estimate of rule-related impacts. Instead, the co-pollutant benefits are based on benefitper-ton values that reflect only human health impacts associated with reductions in PM2.5 exposure. Ideally, human health and environmental 

benefits would be based on changes in ambient PM2.5 and ozone as determined by full-scale air quality modeling. However, EPA was unable to 

conduct a full-scale air quality modeling analysis associated with the vehicle model year lifetimes for the final rule. cThe PM2.5-related benefits (derived from benefit-per-ton values) presented in this table are based on an estimate of premature mortality derived from the ACS study (Pope et al., 2002). If the benefit-per-ton estimates were based on the Six Cities study (Laden et al., 2006), the values 

would be approximately 145% (nearly two-and-a-half times) larger. dThe PM2.5-related benefits (derived from benefit-per-ton values) presented in this table assume a 3% discount rate in the valuation of premature mortality to account for a twenty-year segmented cessation lag. If a 7% discount rate had been used, the values would be approximately 

9% lower. e 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, 2.5 percent) is used to calculate net present value of SCC for internal consistency. 

Refer to the SCC TSD for more detail. f Monetized GHG benefits exclude the value of reductions in non-CO2 GHG emissions (HFC, CH4 and N2O) expected under this final rule. Although EPA has not monetized the benefits of reductions in these non-CO2 emissions, the value of these reductions should not be interpreted as 

zero. Rather, the reductions in non-CO2 GHGs will contribute to this rule’s climate benefits, as explained in Section III.F.2. The SCC TSD notes 

the difference between the social cost of non-CO2 emissions and CO2 emissions, and specifies a goal to develop methods to value non-CO2

emissions in future analyses. gSection III.H.6 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%: $21–$45; for Average SCC at 2.5%: $36–$65; and for 95th percentile SCC at 3%: $65–$136. 

Section III.H.6 also presents these SCC estimates. 

TABLE III.H.10–6—QUANTIFIED NET BENEFITS ASSOCIATED WITH THE LIFETIMES OF 2012–2016 MODEL YEAR VEHICLES

[Millions of 2007 dollars; 3% discount rate] 

Monetized Values (millions) 2012MY 2013MY 2014MY 2015MY 2016MY Sum 

Quantified Annual Costs (excluding fuel savings) a ................................................................ $4,900 $8,000 $10,300 $12,700 $15,600 $51,500 

Quantified Annual Benefits at each assumed SCC value bcd

Avg SCC at 5% .................................................... 20,500 30,100 40,400 57,400 78,700 227,000 

Avg SCC at 3% .................................................... 21,800 32,000 42,800 60,800 83,300 240,200 

mstockstill on DSKB9S0YB1PROD with RULES2

Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 25539 

TABLE III.H.10–6—QUANTIFIED NET BENEFITS ASSOCIATED WITH THE LIFETIMES OF 2012–2016 MODEL YEAR

VEHICLES—Continued 

[Millions of 2007 dollars; 3% discount rate] 

Monetized Values (millions) 2012MY 2013MY 2014MY 2015MY 2016MY Sum 

Avg SCC at 2.5% ................................................. 22,800 33,500 44,900 63,600 87,100 252,200 

95th percentile SCC at 3% .................................. 25,200 36,900 49,300 69,400 95,400 276,200 

Quantified Net Benefits at each assumed SCC value bcd

Avg SCC at 5% .................................................... 15,600 22,100 30,100 44,700 63,100 175,500 

Avg SCC at 3% .................................................... 16,900 24,000 32,500 48,100 67,700 188,700 

Avg SCC at 2.5% ................................................. 17,900 25,500 34,600 50,900 71,500 200,700 

95th percentile SCC at 3% .................................. 20,300 28,900 39,000 56,700 79,800 224,700 

aQuantified annual costs as shown here are the increased costs for new vehicles in each given model year. Since those costs are assumed to 

occur in the given model year (i.e., not over a several year time span), the discount rate does not affect the costs. 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, 2.5 percent) is used to calculate net present value of SCC for internal consistency. 

Refer to the SCC TSD for more detail. c Monetized GHG benefits exclude the value of reductions in non-CO2 GHG emissions (HFC, CH4 and N2O) expected under this final rule. Although EPA has not monetized the benefits of reductions in these non-CO2 emissions, the value of these reductions should not be interpreted as 

zero. Rather, the reductions in non-CO2 GHGs will contribute to this rule’s climate benefits, as explained in Section III.F.2. The SCC TSD notes 

the difference between the social cost of non-CO2 emissions and CO2 emissions, and specifies a goal to develop methods to value non-CO2

emissions in future analyses. dSection III.H.6 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%: $21–$45; for Average SCC at 2.5%: $36–$65; and for 95th percentile SCC at 3%: $65–$136. 

Section III.H.6 also presents these SCC estimates. 

TABLE III.H.10–7—QUANTIFIED NET BENEFITS ASSOCIATED WITH THE LIFETIMES OF 2012–2016 MODEL YEAR VEHICLES

[Millions of 2007 dollars; 7% discount rate] 

Monetized values (millions) 2012MY 2013MY 2014MY 2015MY 2016MY Sum 

Quantified Annual Costs (excluding fuel savings) a ................................................................ $4,900 $8,000 $10,300 $12,700 $15,600 $51,500 

Quantified Annual Benefits at each assumed SCC value bcd

Avg SCC at 5% .................................................... 16,100 23,800 31,800 45,200 61,800 178,500 

Avg SCC at 3% .................................................... 17,400 25,700 34,200 48,600 66,400 191,700 

Avg SCC at 2.5% ................................................. 18,400 27,200 36,300 51,400 70,200 203,700 

95th percentile SCC at 3% .................................. 20,800 30,600 40,700 57,200 78,500 227,700 

Quantified Net Benefits at each assumed SCC value bcd

Avg SCC at 5% .................................................... 11,200 15,800 21,500 32,500 46,200 127,000 

Avg SCC at 3% .................................................... 12,500 17,700 23,900 35,900 50,800 140,200 

Avg SCC at 2.5% ................................................. 13,500 19,200 26,000 38,700 54,600 152,200 

95th percentile SCC at 3% .................................. 15,900 22,600 30,400 44,500 62,900 176,200 

aQuantified annual costs as shown here are the increased costs for new vehicles in each given model year. Since those costs are assumed to 

occur in the given model year (i.e., not over a several year time span), the discount rate does not affect the costs. 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, 2.5 percent) is used to calculate net present value of SCC for internal consistency. 

Refer to the SCC TSD for more detail. c Monetized GHG benefits exclude the value of reductions in non-CO2 GHG emissions (HFC, CH4 and N2O) expected under this final rule. Although EPA has not monetized the benefits of reductions in these non-CO2 emissions, the value of these reductions should not be interpreted as 

zero. Rather, the reductions in non-CO2 GHGs will contribute to this rule’s climate benefits, as explained in Section III.F.2. The SCC TSD notes 

the difference between the social cost of non-CO2 emissions and CO2 emissions, and specifies a goal to develop methods to value non-CO2

emissions in future analyses. dSection III.H.6 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%: $21–$45; for Average SCC at 2.5%: $36–$65; and for 95th percentile SCC at 3%: $65–$136. 

Section III.H.6 also presents these SCC estimates. 

I. Statutory and Executive Order 

Reviews 

1. Executive Order 12866: Regulatory 

Planning and Review 

Under section 3(f)(1) of Executive 

Order (EO) 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. 

Accordingly, EPA submitted this action 

to the Office of Management and Budget 

(OMB) for review under EO 12866 and 

any changes made in response to OMB 

recommendations have been 

documented in the docket for this 

action. 

In addition, EPA prepared an analysis 

of the potential costs and benefits 

associated with this action. This 

analysis is contained in the Final 

Regulatory Impact Analysis, which is 

available in the docket for this 

rulemaking and at the docket internet 

address listed under ADDRESSES above. 

2. Paperwork Reduction Act 

The information collection 

requirements in this final rule have been 

mstockstill on DSKB9S0YB1PROD with RULES2

25540 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 

submitted for approval to the Office of 

Management and Budget (OMB) under 

the Paperwork Reduction Act, 44 U.S.C. 

3501 et seq., and has been assigned 

OMB control number 0783.57. The 

information collection requirements are 

not enforceable until OMB approves 

them. 

The Agency is finalizing requirements 

for manufacturers to submit information 

to ensure compliance with the 

provisions in this rule. This includes a 

variety of requirements for vehicle 

manufacturers. Section 208(a) of the 

Clean Air Act 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 confidential all 

information meeting the requirements of 

section 208(c) of the Clean Air Act. 

As shown in Table III.I.2–1, the total 

annual burden associated with this rule 

is about 39,900 hours and $5 million, 

based on a projection of 33 respondents. 

The estimated burden for vehicle 

manufacturers is a total estimate for new 

reporting requirements. Burden means 

the total time, effort, or financial 

resources expended by persons to 

generate, maintain, retain, or disclose or 

provide information to or for a Federal 

agency. This includes the time needed 

to review instructions; develop, acquire, 

install, and utilize technology and 

systems for the purposes of collecting, 

validating, and verifying information, 

processing and maintaining 

information, and disclosing and 

providing information; adjust the 

existing ways to comply with any 

previously applicable instructions and 

requirements; train personnel to be able 

to respond to a collection of 

information; search data sources; 

complete and review the collection of 

information; and transmit or otherwise 

disclose the information. 

TABLE III.I.2–1—ESTIMATED BURDEN FOR REPORTING AND RECORDKEEPING REQUIREMENTS

Number of respondents Annual burden 

hours Annual costs 

33 ................................................................................................................................................................. 39,940 $5,001,000 

An agency may not conduct or 

sponsor, and a person is not required to 

respond to, a collection of information 

unless it displays a currently valid OMB 

control number. The OMB control 

numbers for EPA’s regulations in 40 

CFR are listed in 40 CFR part 9. In 

addition, EPA is amending the table in 

40 CFR part 9 of currently approved 

OMB control numbers for various 

regulations to list the regulatory 

citations for the information 

requirements contained in this final 

rule. 

3. Regulatory Flexibility Act 

a. Overview 

The Regulatory Flexibility Act (RFA) 

generally requires an agency to prepare 

a regulatory flexibility analysis of any 

rule subject to notice and comment 

rulemaking requirements under the 

Administrative Procedure Act or any 

other statute unless the agency certifies 

that the rule will not have a significant 

economic impact on a substantial 

number of small entities directly subject 

to the rule. Small entities include small 

businesses, small organizations, and 

small governmental jurisdictions. 

For purposes of assessing the impacts 

of this rule on small entities, small 

entity is defined as: (1) A small business 

as defined by the Small Business 

Administration’s (SBA) regulations at 13 

CFR 121.201 (see table below); (2) a 

small governmental jurisdiction that is a 

government of a city, county, town, 

school district or special district with a 

population of less than 50,000; and (3) 

a small organization that is any not-forprofit enterprise which is independently 

owned and operated and is not 

dominant in its field. 

Table III.I.3–1 provides an overview 

of the primary SBA small business 

categories included in the light-duty 

vehicle sector: 

TABLE III.I.3–1—PRIMARY SBA SMALL BUSINESS CATEGORIES IN THE LIGHT-DUTY VEHICLE SECTOR

Industry a Defined as small entity by SBA if less than or equal to: NAICS codes b

Light-duty vehicles: 

—Vehicle manufacturers (including small volume 

manufacturers).

1,000 employees .............................................................. 336111 

—Independent commercial importers ........................ $7 million annual sales .................................................... 811111, 811112, 811198 

$23 million annual sales .................................................. 441120 

100 employees ................................................................. 423110, 424990 

—Alternative fuel vehicle converters .......................... 50 employees ................................................................... 336312, 336322, 336399 

750 employees ................................................................. 335312 

1,000 employees .............................................................. 454312, 485310, 811198 

$7 million annual sales. 

Notes: 

a Light-duty vehicle entities that qualify as small businesses would not be subject to this rule. We are exempting small vehicle entities, and we 

intend to address these entities in a future rule. b North American Industrial Classification System. 

b. Summary of Potentially Affected 

Small Entities 

EPA has not conducted a Regulatory 

Flexibility Analysis or a SBREFA SBAR 

Panel for the rule because we are 

certifying that the rule would not have 

a significant economic impact on a 

substantial number of small entities 

directly subject to the rule. As proposed, 

EPA is exempting manufacturers 

meeting SBA’s business size criteria for 

small business as provided in 13 CFR 

121.201, due to the short lead time to 

develop this rule, the extremely small 

emissions contribution of these entities, 

and the potential need to develop a 

program that would be structured 

mstockstill on DSKB9S0YB1PROD with RULES2

Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 25541 

502U.S. EPA. (2009). Technical Support 

Document for Endangerment or Cause or Contribute 

Findings for Greenhouse Gases under Section 

202(a) of the Clean Air Act. Washington, DC: U.S. 

EPA. Docket EPA–HQ–OAR–2009–0472–11292. 

differently for them (which would 

require more time). EPA would instead 

consider appropriate GHG standards for 

these entities as part of a future 

regulatory action. This includes U.S. 

and foreign small entities in three 

distinct categories of businesses for 

light-duty vehicles: Small volume 

manufacturers (SVMs), independent 

commercial importers (ICIs), and 

alternative fuel vehicle converters. EPA 

has identified a total of about 47 vehicle 

businesses; about 13 entities (or 28 

percent) fit the Small Business 

Administration (SBA) criteria of a small 

business. There are about 2 SVMs, 8 

ICIs, and 3 alternative fuel vehicle 

converters in the light-duty vehicle 

market which are small businesses (no 

major vehicle manufacturers meet the 

small-entity criteria as defined by SBA). 

EPA estimates that these small entities 

comprise about 0.03 percent of the total 

light-duty vehicle sales in the U.S., and 

therefore the exemption will have a 

negligible impact on the GHG emissions 

reductions from the standards. 

To ensure that EPA is aware of which 

companies would be exempt, EPA 

proposed to require that such entities 

submit a declaration to EPA containing 

a detailed written description of how 

that manufacturer qualifies as a small 

entity under the provisions of 13 CFR 

121.201. EPA has reconsidered the need 

for this additional submission under the 

regulations and is deleting it as not 

necessary. We already have information 

on the limited number of small entities 

that we expect would receive the 

benefits of the exemption, and do not 

need the proposed regulatory 

requirement to be able to effectively 

implement this exemption for those 

parties who in fact meet its terms. Small 

entities are currently covered by a 

number of EPA motor vehicle emission 

regulations, and they routinely submit 

information and data on an annual basis 

as part of their compliance 

responsibilities. Based on this, EPA is 

certifying that the rule would not have 

a significant economic impact on a 

substantial number of small entities. 

c. Conclusions 

I therefore certify that this rule will 

not have a significant economic impact 

on a substantial number of small 

entities. However, EPA recognizes that 

some small entities continue to be 

concerned about the potential impacts 

of the statutory imposition of PSD 

requirements that may occur given the 

various EPA rulemakings currently 

under consideration concerning 

greenhouse gas emissions. As explained 

in the preamble for the proposed PSD 

tailoring rule (74 FR 55292, Oct. 27, 

2009), EPA used the discretion afforded 

to it under section 609(c) of the RFA to 

consult with OMB and SBA, with input 

from outreach to small entities, 

regarding the potential impacts of PSD 

regulatory requirements that might 

occur as EPA considers regulations of 

GHGs. Concerns about the potential 

impacts of statutorily imposed PSD 

requirements on small entities were the 

subject of deliberations in that 

consultation and outreach. EPA has 

compiled a summary of that 

consultation and outreach, which is 

available in the docket for the Tailoring 

Rule (EPA–HQ–OAR–2009–0517). 

4. Unfunded Mandates Reform Act 

Title II of the Unfunded Mandates 

Reform Act of 1995 (UMRA), 2 U.S.C. 

1531–1538, requires Federal agencies, 

unless otherwise prohibited by law, to 

assess the effects of their regulatory 

actions on State, local, and tribal 

governments and the private sector. 

Under section 202 of the UMRA, EPA 

generally must prepare a written 

statement, including a cost-benefit 

analysis, 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 $100 million or 

more in any one year. 

This rule is not subject to the 

requirements of section 203 of UMRA 

because it contains no regulatory 

requirements that might significantly or 

uniquely affect small governments. This 

rule contains no Federal mandates 

(under the regulatory provisions of Title 

II of the UMRA) for State, local, or tribal 

governments. The rule imposes no 

enforceable duty on any State, local or 

tribal governments. EPA has determined 

that this rule contains no regulatory 

requirements that might significantly or 

uniquely affect small governments. EPA 

has determined that this rule contains a 

Federal mandate that may result in 

expenditures of $100 million or more 

for the private sector in any one year. 

EPA believes that the action represents 

the least costly, most cost-effective 

approach to achieve the statutory 

requirements of the rule. The costs and 

benefits associated with the rule are 

discussed above and in the Final 

Regulatory Impact Analysis, as required 

by the UMRA. 

5. 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. This rulemaking 

applies to manufacturers of motor 

vehicles and not to State or local 

governments. Thus, Executive Order 

13132 does not apply to this action. 

Although section 6 of Executive Order 

13132 does not apply to this action, EPA 

did consult with representatives of State 

governments in developing this action. 

In the spirit of Executive Order 13132, 

and consistent with EPA policy to 

promote communications between EPA 

and State and local governments, EPA 

specifically solicited comment on the 

proposed action from State and local 

officials. Many State and local 

governments submitted public 

comments on the rule, the majority of 

which were supportive of the EPA’s 

greenhouse gas program. However, these 

entities did not provide comments 

indicating there would be a substantial 

direct effect on State or local 

governments resulting from this rule. 

6. Executive Order 13175 (Consultation 

and Coordination With Indian Tribal 

Governments) 

This action does not have tribal 

implications, as specified in Executive 

Order 13175 (65 FR 67249, November 9, 

2000). This rule will be implemented at 

the Federal level and impose 

compliance costs only on vehicle 

manufacturers. Tribal governments will 

be affected only to the extent they 

purchase and use regulated vehicles. 

Thus, Executive Order 13175 does not 

apply to this action. 

7. Executive Order 13045: ‘‘Protection of 

Children From Environmental Health 

Risks and Safety Risks’’ 

This action is subject to EO 13045 (62 

FR 19885, April 23, 1997) because it is 

an economically significant regulatory 

action as defined by EO 12866, and EPA 

believes that the environmental health 

or safety risk addressed by this action 

may have a disproportionate effect on 

children. A synthesis of the science and 

research regarding how 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 

Section 202(a) of the Clean Air Act, 

which can be found in the public docket 

for this rule.502 A summary of the 

analysis is presented below. 

With respect to GHG emissions, the 

effects of climate change observed to 

mstockstill on DSKB9S0YB1PROD with RULES2

25542 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 

503U.S. EPA. (2009). Technical Support 

Document for Endangerment or Cause or Contribute 

Findings for Greenhouse Gases under Section 

202(a) of the Clean Air Act. Washington, DC: U.S. 

EPA. Docket EPA–HQ–OAR–2009–0472–11292. 

504CCSP (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. [Gamble, J.L. (ed.), K.L. Ebi, F.G. 

Sussman, T.J. Wilbanks, (Authors)]. U.S. 

Environmental Protection Agency, Washington, DC, 

USA. 

date and projected to occur in the future 

include the increased likelihood of more 

frequent and intense heat waves. 

Specifically, EPA’s analysis of the 

scientific assessment literature has 

determined that severe heat waves are 

projected to intensify in magnitude, 

frequency, and duration over the 

portions of the U.S. where these events 

already occur, with potential increases 

in mortality and morbidity, especially 

among the young, elderly, and frail. EPA 

has estimated reductions in projected 

global mean surface temperatures as a 

result of reductions in GHG emissions 

associated with the standards finalized 

in this action (Section III.F). 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 climate change is 

expected to increase regional ozone 

pollution, with associated risks in 

respiratory infection, aggravation of 

asthma, and premature death. The 

directional effect of climate change on 

ambient PM levels remains uncertain. 

However, disturbances such as wildfires 

are increasing in the U.S. and are likely 

to intensify 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 system, particularly in 

children, including pneumonia, upper 

respiratory diseases, asthma and chronic 

obstructive pulmonary diseases. 

8. Executive Order 13211 (Energy 

Effects) 

This rule 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, this rule has a positive effect on 

energy supply and use. Because the 

GHG emission standards finalized today 

result in significant fuel savings, this 

rule encourages more efficient use of 

fuels. Therefore, we have concluded 

that this rule is not likely to have any 

adverse energy effects. Our energy 

effects analysis is described above in 

Section III.H. 

9. National Technology Transfer 

Advancement Act 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (‘‘NTTAA’’), Public Law 

104–113, 12(d) (15 U.S.C. 272 note) 

directs EPA to use voluntary consensus 

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 business 

practices) that are developed or adopted 

by voluntary consensus standards 

bodies. NTTAA directs EPA to provide 

Congress, through OMB, explanations 

when the Agency decides not to use 

available and applicable voluntary 

consensus standards. 

The rulemaking involves technical 

standards. Therefore, the Agency 

conducted a search to identify 

potentially applicable voluntary 

consensus standards. For CO2, N2O, and 

CH4 emissions, we identified no such 

standards, and none were brought to our 

attention in comments. Therefore, EPA 

is collecting data over the same test 

cycles that are used for the CAFE 

program following standardized test 

methods and sampling procedures. This 

will minimize the amount of testing 

done by manufacturers, since 

manufacturers are already required to 

run these tests. For A/C system leakage 

improvement credits, EPA identified a 

Society of Automotive Engineers (SAE) 

methodology and EPA’s approach is 

based closely on this SAE methodology. 

For the A/C system efficiency 

improvement credits, including the new 

idle test, EPA generally uses 

standardized test methods and sampling 

procedures. However, EPA knows of no 

consensus standard available for an A/ 

C idle test to measure system efficiency 

improvements. 

10. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

Executive Order (EO) 12898 (59 FR 

7629 (Feb. 16, 1994)) establishes Federal 

executive policy on environmental 

justice. Its main provision directs 

Federal agencies, to the greatest extent 

practicable and permitted by law, to 

make environmental justice 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 this final rule will 

not have disproportionately high and 

adverse human health or environmental 

effects on minority or low-income 

populations because it increases the 

level of environmental protection for all 

affected populations without having any 

disproportionately high and adverse 

human health or environmental effects 

on any population, including any 

minority or low-income population. The 

reductions in CO2 and other GHGs 

associated with the standards will affect 

climate change projections, and EPA has 

estimated reductions in projected global 

mean surface temperatures (Section 

III.F.3). Within communities 

experiencing climate change, certain 

parts of the population 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.503

In addition, the U.S. Climate Change 

Science Program 504 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 impacted by 

climate change.’’ Therefore, these 

specific sub-populations may receive 

benefits from reductions in GHGs. 

For non-GHG co-pollutants such as 

ozone, PM2.5, 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 this final rule. 

11. 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, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this rule and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A Major rule 

cannot take effect until 60 days after it 

mstockstill on DSKB9S0YB1PROD with RULES2

Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 25543 

505Among the reports and studies noting this 

point are the following: 

John Podesta, Todd Stern and Kim Batten, 

‘‘Capturing the Energy Opportunity; Creating a LowCarbon Economy,’’ Center for American Progress 

(November 2007), pp. 2, 6, 8, and 24–29, available 

at: http://www.americanprogress.org/issues/2007/

11/pdf/energy_chapter.pdf (last accessed March 1, 

2010). 

Sarah Ladislaw, Kathryn Zyla, Jonathan Pershing, 

Frank Verrastro, Jenna Goodward, David Pumphrey, 

and Britt Staley, ‘‘A Roadmap for a Secure, LowCarbon Energy Economy; Balancing Energy Security 

and Climate Change,’’ World Resources Institute 

and Center for Strategic and International Studies 

(January 2009), pp. 21–22; available at: http://pdf.

wri.org/secure_low_carbon_energy_economy_

roadmap.pdf (last accessed March 1, 2010). 

Alliance to Save Energy et al., ‘‘Reducing the Cost 

of Addressing Climate Change Through Energy 

Efficiency (2009), available at: http://Aceee.org/

energy/climate/leg.htm (last accessed March 1, 

2010). 

John DeCicco and Freda Fung, ‘‘Global Warming 

on the Road; The Climate Impact of America’s 

Automobiles,’’ Environmental Defense (2006) pp. ivvii; available at: http://www.edf.org/documents/

5301_Globalwarmingontheroad.pdf (last accessed 

March 1, 2010). 

‘‘Why is Fuel Economy Important?,’’ a Web page 

maintained by the Department of Energy and 

Environmental Protection Agency, available at 

http://www.fueleconomy.gov/feg/why.shtml (last 

accessed March 1, 2010); Robert Socolow, Roberta 

Hotinski, Jeffery B. Greenblatt, and Stephen Pacala, 

‘‘Solving The Climate Problem: Technologies 

Available to Curb CO2 Emissions,’’ Environment, 

volume 46, no. 10, 2004. pages 8–19, available at: 

http://www.princeton.edu/mae/people/faculty/

socolow/ENVIRONMENTDec2004issue.pdf (last 

accessed March 1, 2010). 

506This value is based on what NHTSA refers to 

as ‘‘Reference Case’’ inputs, which are based on the 

assumptions that NHTSA has employed for its main 

analysis (as opposed to sensitivity analyses to 

examine the effect of variations in the assumptions 

on costs and benefits). The Reference Case inputs 

include fuel prices based on the AEO 2010 

Reference Case, a 3 percent discount rate, a 10 

percent rebound effect, a value for the social cost 

of carbon (SCC) of $21/metric ton CO2 (in 2010, 

rising to $45/metric ton in 2050, at a 3 percent 

discount rate), etc. For a full listing of the Reference 

Case input assumptions, see Section IV.C.3 below. 

507EPA Inventory of U.S. Greenhouse Gas 

Emissions and Sinks: 1990–2006 (April 2008), pp. 

ES–4, ES–8, and 2–24. Available at http://www.epa.

gov/climatechange/emissions/usgginv_archive.html 

(last accessed March 1, 2010). 

508Podesta et al., p. 25; Ladislaw et al. p. 21; 

DeCicco et al. p. vii; ‘‘Reduce Climate Change,’’ a 

Web page maintained by the Department of Energy 

and Environmental Protection Agency at http://

www.fueleconomy.gov/feg/climate.shtml (last 

accessed March 1, 2010). 

509Energy Information Administration, Petroleum 

Basic Statistics, updated July 2009. Available at 

http://www.eia.doe.gov/basics/quickoil.html (last 

accessed March 1, 2010). 

is published in the Federal Register. 

This action is a ‘‘major rule’’ as defined 

by 5 U.S.C. 804(2). This rule will be 

effective July 6, 2010, sixty days after 

date of publication in the Federal 

Register. 

J. Statutory Provisions and Legal 

Authority 

Statutory authority for the vehicle 

controls finalized today is found in 

section 202(a) (which authorizes 

standards for emissions of pollutants 

from new motor vehicles which 

emissions cause or contribute to air 

pollution which may reasonably be 

anticipated to endanger public health or 

welfare), 202(d), 203–209, 216, and 301 

of the Clean Air Act, 42 U.S.C. 7521(a), 

7521(d), 7522, 7523, 7524, 7525, 7541, 

7542, 7543, 7550, and 7601. 

IV. NHTSA Final Rule and Record of 

Decision for Passenger Car and Light 

Truck CAFE Standards for MYs 2012– 

2016 

A. Executive Overview of NHTSA Final 

Rule 

1. Introduction 

The National Highway Traffic Safety 

Administration (NHTSA) is establishing 

Corporate Average Fuel Economy 

(CAFE) standards for passenger 

automobiles (passenger cars) and 

nonpassenger automobiles (light trucks) 

for model years (MY) 2012–2016. 

Improving vehicle fuel economy has 

been long and widely recognized as one 

of the key ways of achieving energy 

independence, energy security, and a 

low carbon economy.505 NHTSA’s CAFE 

standards will require passenger cars 

and light trucks to meet an estimated 

combined average of 34.1 mpg in MY 

2016. This represents an average annual 

increase of 4.3 percent from the 27.6 

mpg combined fuel economy level in 

MY 2011. NHTSA’s final rule projects 

total fuel savings of approximately 61 

billion gallons over the lifetimes of the 

vehicles sold in model years 2012–2016, 

with corresponding net societal benefits 

of over $180 billion using a 3 percent 

discount rate.506

The significance accorded to 

improving fuel economy reflects several 

factors. Conserving energy, especially 

reducing the nation’s dependence on 

petroleum, benefits the U.S. in several 

ways. Improving energy efficiency has 

benefits for economic growth and the 

environment, as well as other benefits, 

such as reducing pollution and 

improving security of energy supply. 

More specifically, reducing total 

petroleum use decreases our economy’s 

vulnerability to oil price shocks. 

Reducing dependence on oil imports 

from regions with uncertain conditions 

enhances our energy security. 

Additionally, the emission of CO2 from 

the tailpipes of cars and light trucks is 

one of the largest sources of U.S. CO2

emissions.507 Using vehicle technology 

to improve fuel economy, thereby 

reducing tailpipe emissions of CO2, is 

one of the three main measures of 

reducing those tailpipe emissions of 

CO2.508 The two other measures for 

reducing the tailpipe emissions of CO2

are switching to vehicle fuels with 

lower carbon content and changing 

driver behavior, i.e., inducing people to 

drive less. 

While NHTSA has been setting fuel 

economy standards since the 1970s, 

today’s action represents the first-ever 

joint final rule by NHTSA with another 

agency, the Environmental Protection 

Agency. As discussed in Section I, 

NHTSA’s final MYs 2012–2016 CAFE 

standards are part of a joint National 

Program. A large majority of the 

projected benefits are achieved jointly 

with EPA’s GHG rule, described in 

detail above in Section III of this 

preamble. These final CAFE standards 

are consistent with the President’s 

National Fuel Efficiency Policy 

announcement of May 19, 2009, which 

called for harmonized rules for all 

automakers, instead of three 

overlapping and potentially inconsistent 

requirements from DOT, EPA, and the 

California Air Resources Board. And 

finally, the final CAFE standards and 

the analysis supporting them also 

respond to President’s Obama’s January 

26 memorandum regarding the setting of 

CAFE standards for model years 2011 

and beyond. 

2. Role of Fuel Economy Improvements 

in Promoting Energy Independence, 

Energy Security, and a Low Carbon 

Economy 

The need to reduce energy 

consumption is more crucial today than 

it was when EPCA was enacted in the 

mid-1970s. U.S. energy consumption 

has been outstripping U.S. energy 

production at an increasing rate. Net 

petroleum imports now account for 

approximately 57 percent of U.S. 

domestic petroleum consumption, and 

the share of U.S. oil consumption for 

transportation is approximately 71 

percent.509 Moreover, world crude oil 

production continues to be highly 

concentrated, exacerbating the risks of 

supply disruptions and their negative 

effects on both the U.S. and global 

economies. 

Gasoline consumption in the U.S. has 

historically been relatively insensitive 

to fluctuations in both price and 

consumer income, and people in most 

parts of the country tend to view 

gasoline consumption as a nondiscretionary expense. Thus, when 

gasoline’s share in consumer 

expenditures rises, the public 

experiences fiscal distress. This fiscal 

distress can, in some cases, have 

macroeconomic consequences for the 

mstockstill on DSKB9S0YB1PROD with RULES2

25544 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 

510President Obama Announces National Fuel 

Efficiency Policy, The White House, May 19, 2009. 

Available at http://www.whitehouse.gov/the_press_

office/President-Obama-Announces-National-FuelEfficiency-Policy/ (last accessed March 15, 2010). 

511 74 FR 24007 (May 22, 2009). 

512Panel on Policy Implications of Greenhouse 

Warming, National Academy of Sciences, National 

Academy of Engineering, Institute of Medicine, 

‘‘Policy Implications of Greenhouse Warming: 

Mitigation, Adaptation, and the Science Base,’’ 

National Academies Press, 1992, at 287. 

513This is the method that EPA uses to determine 

compliance with NHTSA’s CAFE standards. 

514See 49 U.S.C. 32904(c). 

economy at large. Additionally, since 

U.S. oil production is only affected by 

fluctuations in prices over a period of 

years, any changes in petroleum 

consumption (as through increased fuel 

economy) largely flow into changes in 

the quantity of imports. Since petroleum 

imports account for about 2 percent of 

GDP, increase in oil imports can create 

a discernable fiscal drag. As a 

consequence, measures that reduce 

petroleum consumption, such as fuel 

economy standards, will directly benefit 

the balance-of-payments account, and 

strengthen the domestic economy to 

some degree. And finally, U.S. foreign 

policy has been affected for decades by 

rising U.S. and world dependency of 

crude oil as the basis for modern 

transportation systems, although fuel 

economy standards have only an 

indirect and general impact on U.S. 

foreign policy. 

The benefits of a low carbon economy 

are manifold. The U.S. transportation 

sector is a significant contributor to total 

U.S. and global anthropogenic 

emissions of greenhouse gases. Motor 

vehicles are the second largest 

greenhouse gas-emitting sector in the 

U.S., after electricity generation, and 

accounted for 24 percent of total U.S. 

greenhouse gas emissions in 2006. 

Concentrations of greenhouse gases are 

at unprecedented levels compared to the 

recent and distant past, which means 

that fuel economy improvements to 

reduce those emissions are a crucial 

step toward addressing the risks of 

global climate change. These risks are 

well documented in Section III of this 

notice. 

3. The National Program 

NHTSA and EPA are each announcing 

final rules that have the effect of 

addressing the urgent and closely 

intertwined challenges of energy 

independence and security and global 

warming. These final rules call for a 

strong and coordinated Federal 

greenhouse gas and fuel economy 

program for passenger cars, light-dutytrucks, and medium-duty passenger 

vehicles (hereafter light-duty vehicles), 

referred to as the National Program. The 

final rules represent a coordinated 

program that can achieve substantial 

reductions of greenhouse gas (GHG) 

emissions and improvements in fuel 

economy from the light-duty vehicle 

part of the transportation sector, based 

on technology that will be commercially 

available and that can be incorporated at 

a reasonable cost in the rulemaking 

timeframe. The agencies’ final rules will 

also provide regulatory certainty and 

consistency for the automobile industry 

by setting harmonized national 

standards. They were developed and are 

designed in ways that recognize and 

accommodate the relatively short 

amount of lead time for the model years 

covered by the rulemaking and the 

serious current economic situation faced 

by this industry. 

These joint standards are consistent 

with the President’s announcement on 

May 19, 2009 of a National Fuel 

Efficiency Policy that will reduce 

greenhouse gas emissions and improve 

fuel economy for all new cars and lightduty trucks sold in the United States,510

and with the Notice of Upcoming Joint 

Rulemaking signed by DOT and EPA on 

that date.511 This joint final rule also 

responds to the President’s January 26, 

2009 memorandum on CAFE standards 

for model years 2011 and beyond, the 

details of which can be found below. 

a. Building Blocks of the National 

Program 

The National Program is both needed 

and possible because the relationship 

between improving fuel economy and 

reducing CO2 tailpipe emissions is a 

very direct and close one. CO2 is the 

natural by-product of the combustion of 

fuel in motor vehicle engines. The more 

fuel efficient a vehicle is, the less fuel 

it burns to travel a given distance. The 

less fuel it burns, the less CO2 it emits 

in traveling that distance.512 Since the 

amount of CO2 emissions is essentially 

constant per gallon combusted of a 

given type of fuel, the amount of fuel 

consumption per mile is directly related 

to the amount of CO2 emissions per 

mile. In the real world, there is a single 

pool of technologies for reducing fuel 

consumption and CO2 emissions. Using 

those technologies in the way that 

minimizes fuel consumption also 

minimizes CO2 emissions. While there 

are emission control technologies that 

can capture or destroy the pollutants 

(e.g., carbon monoxide) that are 

produced by imperfect combustion of 

fuel, there is at present no such 

technology for CO2. In fact, the only way 

at present to reduce tailpipe emissions 

of CO2 is by reducing fuel consumption. 

The National Program thus has dual 

benefits: it conserves energy by 

improving fuel economy, as required of 

NHTSA by EPCA and EISA; in the 

process, it necessarily reduces tailpipe 

CO2 emissions consonant with EPA’s 

purposes and responsibilities under the 

Clean Air Act. 

i. DOT’s CAFE Program 

In 1975, Congress enacted the Energy 

Policy and Conservation Act (EPCA), 

mandating a regulatory program for 

motor vehicle fuel economy to meet the 

various facets of the need to conserve 

energy, including ones having energy 

independence and security, 

environmental and foreign policy 

implications. EPCA allocates the 

responsibility for implementing the 

program between NHTSA and EPA as 

follows: 

• NHTSA sets Corporate Average 

Fuel Economy (CAFE) standards for 

passenger cars and light trucks. 

• Because fuel economy performance 

is measured during emissions regulation 

testing, EPA establishes the procedures 

for testing, tests vehicles, collects and 

analyzes manufacturers’ test data, and 

calculates the average fuel economy of 

each manufacturer’s passenger cars and 

light trucks. EPA determines fuel 

economy by measuring the amount of 

CO2 emitted from the tailpipe, rather 

than by attempting to measure directly 

the amount of fuel consumed during a 

vehicle test, a difficult task to 

accomplish with precision. EPA then 

uses the carbon content of the test 

fuel 513 to calculate the amount of fuel 

that had to be consumed per mile in 

order to produce that amount of CO2.

Finally, EPA converts that fuel 

consumption figure into a miles-pergallon figure. 

• Based on EPA’s calculation, 

NHTSA enforces the CAFE standards. 

The CAFE standards and compliance 

testing cannot capture all of the real 

world CO2 emissions, because EPCA 

currently requires EPA to use the 1975 

passenger car test procedures under 

which vehicle air conditioners are not 

turned on during fuel economy 

testing.514 CAFE standards also do not 

address the 5–8 percent of GHG 

emissions that are not CO2, i.e., nitrous 

oxide (N2O), and methane (CH4) as well 

as emissions of hydrofluorocarbons 

(HFCs) related to operation of the air 

conditioning system. 

NHTSA has been setting CAFE 

standards pursuant to EPCA since the 

enactment of the statute. Fuel economy 

gains since 1975, due both to the 

standards and to market factors, have 

resulted in saving billions of barrels of 

oil and avoiding billions of metric tons 

mstockstill on DSKB9S0YB1PROD with RULES2

Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 25545 

515 127 S.Ct. 1438 (2007). 

516 68 FR 52922 (Sept. 8, 2003). 

517 549 U.S. 497 (2007). For further information 

on Massachusetts v. EPA see the July 30, 2008 

Advance Notice of Proposed Rulemaking, 

‘‘Regulating Greenhouse Gas Emissions under the 

Clean Air Act,’’ 73 FR 44354 at 44397. There is a 

comprehensive discussion of the litigation’s history, 

the Supreme Court’s findings, and subsequent 

actions undertaken by the EPA from 2007–2008 in 

response to the Supreme Court remand. 

518 74 FR 66496 (Dec. 15, 2009). 

519 74 FR 66495 (Dec. 15, 2009). The 

endangerment finding was challenged by industry 

in a filing submitted December 23, 2009; a hearing 

date does not appear to have been set. 520 74 FR 32744 (July 8, 2009). 

521Record of OIRA’s action can be found at 

http://www.reginfo.gov/public/do/

eoHistReviewSearch (last accessed March 1, 2010). 

To find the report on the clearance of the draft final 

rule, select ‘‘Department of Transportation’’ under 

‘‘Economically Significant Reviews Completed’’ and 

select ‘‘2008’’ under ‘‘Select Calendar Year.’’ 

of CO2 emissions. In December 2007, 

Congress enacted the Energy 

Independence and Securities Act 

(EISA), amending EPCA to require, 

among other things, attribute-based 

standards for passenger cars and light 

trucks. The most recent CAFE 

rulemaking action was the issuance of 

standards governing model years 2011 

cars and trucks. 

ii. EPA’s Greenhouse Gas Program 

On April 2, 2007, the U.S. Supreme 

Court issued its opinion in 

Massachusetts v. EPA,515 a case 

involving a 2003 order of the 

Environmental Protection Agency (EPA) 

denying a petition for rulemaking to 

regulate greenhouse gas emissions from 

motor vehicles under the Clean Air 

Act.516 The Court ruled that greenhouse 

gases are ‘‘pollutants’’ under the CAA 

and that the Act therefore authorizes 

EPA to regulate greenhouse gas 

emissions from motor vehicles if that 

agency makes the necessary findings 

and determinations under section 202 of 

the Act. The Court considered EPCA 

only briefly, stating that the two 

obligations may overlap, but there is no 

reason to think the two agencies cannot 

both administer their obligations and 

yet avoid inconsistency. 

EPA has been working on appropriate 

responses that are consistent with the 

decision of the Supreme Court in 

Massachusetts v. EPA.517 As part of 

those responses, in July 2008, EPA 

issued an Advance Notice of Proposed 

Rulemaking seeking comments on the 

impact of greenhouse gases on the 

environment and on ways to reduce 

greenhouse gas emissions from motor 

vehicles. EPA recently also issued a 

final rule finding that emissions of 

GHGs from new motor vehicles and 

motor vehicle engines cause or 

contribute to air pollution that endanger 

public health and welfare.518

iii. California Air Resources Board’s 

Greenhouse Gas Program 

In 2004, the California Air Resources 

Board approved standards for new lightduty vehicles, which regulate the 

emission of not only CO2, but also other 

GHGs. Since then, thirteen states and 

the District of Columbia, comprising 

approximately 40 percent of the lightduty vehicle market, have adopted 

California’s standards. These standards 

apply to model years 2009 through 2016 

and require CO2 emissions levels for 

passenger cars and some light trucks of 

323 g/mil in 2009, decreasing to 205 g/ 

mi in 2016, and 439 g/mi for light trucks 

in 2009, decreasing to 332 g/mi in 2016. 

In 2008, EPA denied a request by 

California for a waiver of preemption 

under the CAA for its GHG emissions 

standards. However, consistent with 

another Presidential Memorandum of 

January 26, 2009, EPA reconsidered the 

prior denial of California’s request.519

EPA withdrew the prior denial and 

granted California’s request for a waiver 

on June 30, 2009.520 The granting of the 

waiver permits California’s emission 

standards to come into effect 

notwithstanding the general preemption 

of State emission standards for new 

motor vehicles that otherwise applies 

under the Clean Air Act. 

b. The President’s Announcement of 

National Fuel Efficiency Policy (May 

2009) 

The issue of three separate regulatory 

frameworks and overlapping 

requirements for reducing fuel 

consumption and CO2 emissions has 

been a subject of much controversy and 

legal disputes. On May 19, 2009 

President Obama announced a National 

Fuel Efficiency Policy aimed at both 

increasing fuel economy and reducing 

greenhouse gas pollution for all new 

cars and trucks sold in the United 

States, while also providing a 

predictable regulatory framework for the 

automotive industry. The policy seeks 

to set harmonized Federal standards to 

regulate both fuel economy and 

greenhouse gas emissions while 

preserving the legal authorities of the 

Department of Transportation, the 

Environmental Protection Agency and 

the State of California. The program 

covers model year 2012 to model year 

2016 and ultimately requires the 

equivalent of an average fuel economy 

of 35.5 mpg in 2016, if all CO2 reduction 

were achieved through fuel economy 

improvements. Building on the MY 

2011 standard that was set in March 

2009, this represents an average of 5 

percent increase in average fuel 

economy each year between 2012 and 

2016. 

In conjunction with the President’s 

announcement, the Department of 

Transportation and the Environmental 

Protection Agency issued on May 19, 

2009, a Notice of Upcoming Joint 

Rulemaking to propose a strong and 

coordinated fuel economy and 

greenhouse gas National Program for 

Model Year (MY) 2012–2016 light duty 

vehicles. Consistent, harmonized, and 

streamlined requirements under that 

program hold out the promise of 

delivering environmental and energy 

benefits, cost savings, and 

administrative efficiencies on a 

nationwide basis that might not be 

available under a less coordinated 

approach. The National Program makes 

it possible for the standards of two 

different Federal agencies and the 

standards of California and other states 

to act in a unified fashion in providing 

these benefits. A harmonized approach 

to regulating light-duty vehicle 

greenhouse gas (GHG) emissions and 

fuel economy is critically important 

given the interdependent goals of 

addressing climate change and ensuring 

energy independence and security. 

Additionally, a harmonized approach 

may help to mitigate the cost to 

manufacturers of having to comply with 

multiple sets of Federal and State 

standards 

4. Review of CAFE Standard Setting 

Methodology per the President’s January 

26, 2009 Memorandum on CAFE 

Standards for MYs 2011 and Beyond 

On May 2, 2008, NHTSA published a 

Notice of Proposed Rulemaking entitled 

Average Fuel Economy Standards, 

Passenger Cars and Light Trucks; Model 

Years 2011–2015, 73 FR 24352. In midOctober, the agency completed and 

released a final environmental impact 

statement in anticipation of issuing 

standards for those years. Based on its 

consideration of the public comments 

and other available information, 

including information on the financial 

condition of the automotive industry, 

the agency adjusted its analysis and the 

standards and prepared a final rule for 

MYs 2011–2015. On November 14, the 

Office of Information and Regulatory 

Affairs (OIRA) of the Office of 

Management and Budget concluded 

review of the rule as consistent with the 

Order.521 However, issuance of the final 

rule was held in abeyance. On January 

7, 2009, the Department of 

Transportation announced that the final 

rule would not be issued. 

mstockstill on DSKB9S0YB1PROD with RULES2

25546 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 

522Under 49 U.S.C. 32912(c), roughly, NHTSA 

may raise the penalty amount if the agency decides 

that doing so will increase energy conservation 

substantially without having a substantial 

deleterious impact on the economy, employment, or 

competition among automobile manufacturers. 

523Under 49 U.S.C. 32904(c), EPA must use the 

same procedures for passenger automobiles that the 

Administrator used for model year 1975 (weighted 

55 percent urban cycle and 45 percent highway 

cycle), or procedures that give comparable results. 

524See 49 CFR 523.2 for the exact definition of 

‘‘footprint.’’ 

a. Requests in the President’s 

Memorandum 

In light of the requirement to 

prescribe standards for MY 2011 by 

March 30, 2009 and in order to provide 

additional time to consider issues 

concerning the analysis used to 

determine the appropriate level of 

standards for MYs 2012 and beyond, the 

President issued a memorandum on 

January 26, 2009, requesting the 

Secretary of Transportation and 

Administrator of the National Highway 

Traffic Safety Administration NHTSA to 

divide the rulemaking into two parts: (1) 

MY 2011 standards, and (2) standards 

for MY 2012 and beyond. 

i. CAFE Standards for Model Year 2011 

The request that the final rule 

establishing CAFE standards for MY 

2011 passenger cars and light trucks be 

prescribed by March 30, 2009 was based 

on several factors. One was the 

requirement that the final rule regarding 

fuel economy standards for a given 

model year must be adopted at least 18 

months before the beginning of that 

model year (49 U.S.C. 32902(g)(2)). The 

other was that the beginning of MY 2011 

is considered for the purposes of CAFE 

standard setting to be October 1, 2010. 

ii. CAFE Standards for Model Years 

2012 and Beyond 

The President requested that, before 

promulgating a final rule concerning the 

model years after model year 2011, 

NHTSA 

[C]onsider the appropriate legal factors 

under the EISA, the comments filed in 

response to the Notice of Proposed 

Rulemaking, the relevant technological and 

scientific considerations, and to the extent 

feasible, the forthcoming report by the 

National Academy of Sciences mandated 

under section 107 of EISA. 

In addition, the President requested 

that NHTSA consider whether any 

provisions regarding preemption are 

appropriate under applicable law and 

policy. 

b. Implementing the President’s 

Memorandum 

In keeping with the President’s 

remarks on January 26, 2009 for new 

national policies to address the closely 

intertwined issues of energy 

independence, energy security and 

climate change, and for the initiation of 

serious and sustained domestic and 

international action to address them, 

NHTSA has developed CAFE standards 

for MY 2012 and beyond after collecting 

new information, conducting a careful 

review of technical and economic 

inputs and assumptions, and standard 

setting methodology, and completing 

new analyses. 

The goal of the review and reevaluation was to ensure that the 

approach used for MY 2012 and 

thereafter would produce standards that 

contribute, to the maximum extent 

possible under EPCA/EISA, to meeting 

the energy and environmental 

challenges and goals outlined by the 

President. We have sought to craft our 

program with the goal of creating the 

maximum incentives for innovation, 

providing flexibility to the regulated 

parties, and meeting the goal of making 

substantial and continuing reductions in 

the consumption of fuel. To that end, 

we have made every effort to ensure that 

the CAFE program for MYs 2012–2016 

is based on the best scientific, technical, 

and economic information available, 

and that such information was 

developed in close coordination with 

other Federal agencies and our 

stakeholders, including the states and 

the vehicle manufacturers. 

We have also re-examined EPCA, as 

amended by EISA, to consider whether 

additional opportunities exist to 

improve the effectiveness of the CAFE 

program. For example, EPCA authorizes 

increasing the amount of civil penalties 

for violating the CAFE standards.522

Further, if the test procedures used for 

light trucks were revised to provide for 

the operation of air conditioning during 

fuel economy testing, vehicle 

manufacturers would have a regulatory 

incentive to increase the efficiency of air 

conditioning systems, thereby reducing 

both fuel consumption and tailpipe 

emissions of CO2.523

With respect to the President’s request 

that NHTSA consider the issue of 

preemption, NHTSA is deferring further 

consideration of the preemption issue. 

The agency believes that it is 

unnecessary to address the issue further 

at this time because of the consistent 

and coordinated Federal standards that 

apply nationally under the National 

Program. 

As requested in the President’s 

memorandum, NHTSA reviewed 

comments received on the MY 2011 

rulemaking and revisited its 

assumptions and methodologies for 

purposes of developing the proposed 

MY 2012–2016 standards. For more 

information on how the proposed CAFE 

standards were developed with those 

comments in mind, see the NPRM and 

the supporting documents. 

5. Summary of the Final MY 2012–2016 

CAFE Standards 

NHTSA is issuing CAFE standards 

that are, like the standards NHTSA 

promulgated in March 2009 for MY 

2011, expressed as mathematical 

functions depending on vehicle 

footprint. Footprint is one measure of 

vehicle size, and is determined by 

multiplying the vehicle’s wheelbase by 

the vehicle’s average track width.524

Under the final CAFE standards, each 

light vehicle model produced for sale in 

the United States has a fuel economy 

target. The CAFE levels that must be 

met by the fleet of each manufacturer 

will be determined by computing the 

sales-weighted harmonic average of the 

targets applicable to each of the 

manufacturer’s passenger cars and light 

trucks. These targets, the mathematical 

form and coefficients of which are 

presented later in today’s notice, appear 

as follows when the values of the targets 

are plotted versus vehicle footprint: 

BILLING CODE 6560–50–P 

mstockstill on DSKB9S0YB1PROD with RULES2

Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 25547 


mstockstill on DSKB9S0YB1PROD with RULES2ER07MY10.021</GPH>
25548 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 

BILLING CODE 6560–50–C 

Under these final footprint-based 

CAFE standards, the CAFE levels 

required of individual manufacturers 

depend, as noted above, on the mix of 

vehicles sold. It is important to note that 

NHTSA’s CAFE standards and EPA’s 

GHG standards will both be in effect, 

and each will lead to increases in 

average fuel economy and CO2

emissions reductions. The two agencies’ 

standards together comprise the 

National Program, and this discussion of 

costs and benefits of NHTSA’s CAFE 

standards does not change the fact that 

both the CAFE and GHG standards, 

jointly, are the source of the benefits 

and costs of the National Program. 

Based on the forecast developed for 

this final rule of the MYs 2012–2016 

vehicle fleet, NHTSA estimates that the 

targets shown above will result in the 

following estimated average required 

CAFE levels: 

TABLE IV.A.5–1—ESTIMATED AVERAGE REQUIRED FUEL ECONOMY (MPG) UNDER FINAL STANDARDS

2012 2013 2014 2015 2016 

Passenger Cars ....................................................................................... 33.3 34.2 34.9 36.2 37.8 

Light Trucks ............................................................................................. 25.4 26.0 26.6 27.5 28.8 

Combined Cars & Trucks ................................................................. 29.7 30.5 31.3 32.6 34.1 

For the reader’s reference, these miles 

per gallon values would be equivalent to 

the following gallons per 100 miles values for passenger cars and light 

trucks: 


mstockstill on DSKB9S0YB1PROD with RULES2ER07MY10.022</GPH>
Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 25549 

525 In NHTSA’s analysis, ‘‘undercompliance’’ is 

mitigated either through use of FFV credits, use of 

existing or ‘‘banked’’ credits, or through fine 

payment. Because NHTSA cannot consider 

availability of credits in setting standards, the 

estimated achieved CAFE levels presented here do 

not account for their use. In contrast, because 

NHTSA is not prohibited from considering fine 

payment, the estimated achieved CAFE levels 

presented here include the assumption that BMW, 

Daimler (i.e., Mercedes), Porsche, and, Tata (i.e., 

Jaguar and Rover) will only apply technology up to 

the point that it would be less expensive to pay 

civil penalties. 

526 In NHTSA’s analysis, ‘‘overcompliance’’ occurs 

through multi-year planning: manufacturers apply 

some ‘‘extra’’ technology in early model years (e.g., 

MY 2014) in order to carry that technology forward 

and thereby facilitate compliance in later model 

years (e.g., MY 2016). 

527Consistent with EPCA, NHTSA has not 

accounted for manufacturers’ ability to earn CAFE 

credits for selling FFVs, carry credits forward and 

back between model years, and transfer credits 

between the passenger car and light truck fleets. 

2012 2013 2014 2015 2016 

Passenger Cars ....................................................................................... 3.00 2.93 2.86 2.76 2.65 

Light Trucks ............................................................................................. 3.94 3.85 3.76 3.63 3.48 

Combined Cars & Trucks ................................................................. 3.36 3.28 3.19 3.07 2.93 

NHTSA estimates that average 

achieved fuel economy levels will 

correspondingly increase through MY 

2016, but that manufacturers will, on 

average, undercomply 525 in some model 

years and overcomply 526 in others, 

reaching a combined average fuel 

economy of 33.7 mpg in MY 2016.527

Table IV.A.5–1 is the estimated required 

fuel economy for the final CAFE 

standards while Table IV.A.5–2 

includes the effects of some 

manufacturers’ payment of CAFE fines 

and use of FFV credits. In addition, 

Section IV.G.4 below contains an 

analysis of the achieved levels (and 

projected fuel savings, costs, and 

benefits) when the use of FFV credits is 

assumed. 

TABLE IV.A.5–2—ESTIMATED AVERAGE ACHIEVED FUEL ECONOMY (MPG) UNDER FINAL STANDARDS

2012 2013 2014 2015 2016 

Passenger Cars ....................................................................................... 32.8 34.4 35.3 36.3 37.2 

Light Trucks ............................................................................................. 25.1 26.0 27.0 27.6 28.5 

Combined Cars & Trucks ................................................................. 29.3 30.6 31.7 32.6 33.7 

For the reader’s reference, these miles 

per gallon values would be equivalent to 

the following gallons per 100 miles 

values for passenger cars and light 

trucks: 

2012 2013 2014 2015 2016 

Passenger Cars ....................................................................................... 3.05 2.91 2.83 2.76 2.69 

Light Trucks ............................................................................................. 3.99 3.84 3.71 3.62 3.50 

Combined Cars & Trucks ................................................................. 3.42 3.27 3.15 3.06 2.97 

NHTSA estimates that these fuel 

economy increases will lead to fuel 

savings totaling 61 billion gallons 

during the lifetimes of vehicles sold in 

MYs 2012–2016 (all following tables 

assume Reference Case economic 

inputs): 

TABLE IV.A.5–3—FUEL SAVED (BILLION GALLONS) UNDER FINAL STANDARDS

2012 2013 2014 2015 2016 Total 

Passenger Cars ............................................................... 2.4 5.2 7.2 9.4 11.4 35.7 

Light Trucks ..................................................................... 1.8 3.7 5.3 6.5 8.1 25.4 

Combined .................................................................. 4.2 8.9 12.5 16.0 19.5 61.0 

The agency also estimates that these 

new CAFE standards will lead to 

corresponding reductions of CO2

emissions totaling 655 million metric 

tons (mmt) during the useful lives of 

vehicles sold in MYs 2012–2016: 

TABLE IV.A.5–4—AVOIDED CARBON DIOXIDE EMISSIONS (MMT) UNDER FINAL STANDARDS

2012 2013 2014 2015 2016 Total 

Passenger Cars ............................................................... 25 54 77 101 123 380 

Light Trucks ..................................................................... 19 40 57 71 88 275 

mstockstill on DSKB9S0YB1PROD with RULES2

25550 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 

528We note that the net present value of reduced 

CO2 emissions is calculated differently than other 

benefits. The same discount rate used to discount 

the value of damages from future emissions (SCC 

at 5 percent, 3 percent, and 2.5 percent) is used to 

calculate the net present value of the SCC for 

internal consistency. Additionally, we note that the 

SCC increases over time. See Social Cost of Carbon 

for Regulatory Impact Analysis Under Executive 

Order 12866, Interagency Working Group on Social 

Cost of Carbon, United States Government, 

February 2010 (available in Docket No. NHTSA– 

2009–0059 for more information. 

TABLE IV.A.5–4—AVOIDED CARBON DIOXIDE EMISSIONS (MMT) UNDER FINAL STANDARDS—Continued 

2012 2013 2014 2015 2016 Total 

Combined .................................................................. 44 94 134 172 210 655 

The agency estimates that these fuel 

economy increases would produce other 

benefits (e.g., reduced time spent 

refueling), as well as some disbenefits 

(e.g., increased traffic congestion) 

caused by drivers’ tendency to increase 

travel when the cost of driving declines 

(as it does when fuel economy 

increases). The agency has estimated the 

total monetary value to society of these 

benefits and disbenefits, and estimates 

that the final standards will produce 

significant benefits to society. NHTSA 

estimates that, in present value terms, 

these benefits would total over $180 

billion over the useful lives of vehicles 

sold during MYs 2012–2016: 

TABLE IV.A.5–5—PRESENT VALUE OF BENEFITS ($BILLION) UNDER FINAL CAFE STANDARDS

2012 2013 2014 2015 2016 Total 

Passenger Cars ............................................................... 6.8 15.2 21.6 28.7 35.2 107.5 

Light Trucks ..................................................................... 5.1 10.7 15.5 19.4 24.3 75.0 

Combined .................................................................. 11.9 25.8 37.1 48 59.5 182.5 

NHTSA attributes most of these 

benefits—about $143 billion, as noted 

above—to reductions in fuel 

consumption, valuing fuel (for societal 

purposes) at future pretax prices in the 

Energy Information Administration’s 

(EIA’s) reference case forecast from 

Annual Energy Outlook (AEO) 2010. 

The Final Regulatory Impact Analysis 

(FRIA) accompanying today’s final rule 

presents a detailed analysis of specific 

benefits of the final rule. 

Amount 

Monetized value (discounted) 

3% Discount rate 7% Discount rate 

Fuel savings ........................................... 61.0 billion gallons ................................. $143.0 billion ......................................... $112.0 billion. 

CO2 emissions reductions 528 ................. 655 mmt ................................................. $14.5 billion ........................................... $14.5 billion. 

NHTSA estimates that the necessary 

increases in technology application will 

involve considerable monetary outlays, 

totaling $52 billion in incremental 

outlays (i.e., beyond those attributable 

to the MY 2011 standards) by new 

vehicle purchasers during MYs 2012– 

2016: 

TABLE IV.A.5–6—INCREMENTAL TECHNOLOGY OUTLAYS ($B) UNDER FINAL CAFE STANDARDS

2012 2013 2014 2015 2016 Total 

Passenger Cars ............................................................... 4.1 5.4 6.9 8.2 9.5 34.2 

Light Trucks ..................................................................... 1.8 2.5 3.7 4.3 5.4 17.6 

Combined .................................................................. 5.9 7.9 10.5 12.5 14.9 51.7 

Corresponding to these outlays and, to 

a much lesser extent, civil penalties that 

some companies are expected to pay for 

noncompliance, the agency estimates 

that the final standards would lead to 

increases in average new vehicle prices, 

ranging from $322 per vehicle in MY 

2012 to $961 per vehicle in MY 2016: 

TABLE IV.A.5–7—INCREMENTAL INCREASES IN AVERAGE NEW VEHICLE PRICES ($) UNDER FINAL CAFE STANDARDS

2012 2013 2014 2015 2016 

Passenger Cars ....................................................................................... 505 573 690 799 907 

Light Trucks ............................................................................................. 322 416 621 752 961 

Combined .......................................................................................... 434 513 665 782 926 

mstockstill on DSKB9S0YB1PROD with RULES2

Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 25551 

529See supra note 528. 

Tables IV.A.5–8 and IV.A.5–9 below 

present itemized costs and benefits for 

a 3 percent and a 7 percent discount 

rate, respectively, for the combined fleet 

(passenger cars and light trucks) in each 

model year and for all model years 

combined, again assuming Reference 

Case inputs (except for the variation in 

discount rate). Numbers in parentheses 

represent negative values. 

TABLE IV.A.5–8—ITEMIZED COST AND BENEFIT ESTIMATES FOR THE COMBINED VEHICLE FLEET, 3% DISCOUNT RATE

MY 2012 MY 2013 MY 2014 MY 2015 MY 2016 Total 

Costs: 

Technology Costs ............................. 5,903 7,890 10,512 12,539 14,904 51,748 

Benefits: 

Savings in Lifetime Fuel Expenditures .............................................. 9,265 20,178 29,083 37,700 46,823 143,048 

Consumer Surplus from Additional 

Driving ........................................... 696 1,504 2,150 2,754 3,387 10,491 

Value of Savings in Refueling Time 706 1,383 1,939 2,464 2,950 9,443 

Reduction in Petroleum Market 

Externalities ................................... 545 1,154 1,630 2,080 2,543 7,952 

Reduction in Climate-Related Damages from Lower CO2 Emissions 529 ......................................... 921 2,025 2,940 3,840 4,804 14,528 

Reduction in Health Damage Costs From Lower Emissions of Criteria Air Pollutants 

CO ............................................................ 0 0 0 0 0 0 

VOC ......................................................... 42 76 102 125 149 494 

NOX .......................................................... 70 104 126 146 166 612 

PM ............................................................ 205 434 612 776 946 2,974 

SOX .......................................................... 158 332 469 598 731 2,288 

Dis-Benefits From Increased Driving 

Congestion Costs ..................................... (447) (902) (1,282) (1,633) (2,000) (6,264) 

Noise Costs .............................................. (9) (18) (25) (32) (39) (122) 

Crash Costs ............................................. (217) (430) (614) (778) (950) (2,989) 

Total Benefits .................................... 11,936 25,840 37,132 48,040 59,509 182,457 

Net Benefits ............................... 6,033 17,950 26,619 35,501 44,606 130,709 

TABLE IV.A.5–9—ITEMIZED COST AND BENEFIT ESTIMATES FOR THE COMBINED VEHICLE FLEET, 7% DISCOUNT RATE

MY 2012 MY 2013 MY 2014 MY 2015 MY 2016 Total 

Costs: 

Technology Costs ............................. 5,903 7,890 10,512 12,539 14,904 51,748 

Benefits: 

Savings in Lifetime Fuel Expenditures .............................................. 7,197 15,781 22,757 29,542 36,727 112,004 

Consumer Surplus from Additional 

Driving ........................................... 542 1,179 1,686 2,163 2,663 8,233 

Value of Savings in Refueling Time 567 1,114 1,562 1,986 2,379 7,608 

Reduction in Petroleum Market 

Externalities ................................... 432 917 1,296 1,654 2,023 6,322 

Reduction in Climate-Related Damages From Lower CO2 Emissions 530 ......................................... 921 2,025 2,940 3,840 4,804 14,530 

Reduction in Health Damage Costs From Lower Emissions of Criteria Air Pollutants 

CO ............................................................ 0 0 0 0 0 0 

VOC ......................................................... 32 60 80 99 119 390 

NOx .......................................................... 53 80 98 114 131 476 

PM ............................................................ 154 336 480 611 748 2,329 

SOx ........................................................... 125 265 373 475 581 1,819 

Dis-Benefits From Increased Driving 

Congestion Costs ..................................... (355) (719) (1,021) (1,302) (1,595) (4,992) 

Noise Costs .............................................. (7) (14) (20) (26) (31) (98) 

Crash Costs ............................................. (173) (342) (488) (619) (756) (2,378) 

mstockstill on DSKB9S0YB1PROD with RULES2

25552 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 

530See supra note 529. 

531Center for Biological Diversity v. NHTSA, 508 

F.3d 508 (9th Cir. 2007) (rejecting argument that 

EPCA precludes the use of a marginal cost-benefit 

analysis that attempted to weigh all of the social 

benefits (i.e., externalities as well as sdirect benefits 

to consumers) of improved fuel savings in 

determining the stringency of the CAFE standards). 

See also Entergy Corp. v. Riverkeeper, Inc., 129 S.Ct. 

1498, 1508 (2009) (‘‘[U]nder Chevron, that an 

agency is not required to [conduct a cost-benefit 

analysis] does not mean that an agency is not 

permitted to do so.’’) 

532National Research Council, ‘‘Effectiveness and 

Impact of Corporate Average Fuel Economy (CAFE) 

Standards,’’ National Academy Press, Washington, 

DC (2002). Available at http://www.nap.edu/

openbook.php?isbn=0309076013 (last accessed 

March 1, 2010). The conference committee report 

for the Department of Transportation and Related 

Agencies Appropriations Act for FY 2001 (Pub. L. 

106–346) directed NHTSA to fund a study by NAS 

to evaluate the effectiveness and impacts of CAFE 

standards (H. Rep. No. 106–940, p. 117–118). In 

response to the direction from Congress, NAS 

published this lengthy report. 533NHTSA formerly used this approach for CAFE 

standards. EISA prohibits its use after MY 2010. 534NAS, p. 9. As discussed at length in prior 

CAFE rules, two members of the NAS Committee 

dissented from the majority opinion that there 

would be safety impacts to downweighting under 

a flat-standard system. 

535NAS, pp. 2, 13, and 83. 

536NAS, pp. 4–5 (Finding 10). 

537NAS, p. 5 (Finding 12). 

TABLE IV.A.5–9—ITEMIZED COST AND BENEFIT ESTIMATES FOR THE COMBINED VEHICLE FLEET, 7% DISCOUNT RATE— 

Continued 

MY 2012 MY 2013 MY 2014 MY 2015 MY 2016 Total 

Total Benefits .................................... 9,488 20,682 29,743 38,537 47,793 146,243 

Net Benefits ............................... 3,586 12,792 19,231 25,998 32,890 94,497 

Neither EPCA nor EISA requires that 

NHTSA conduct a cost-benefitanalysis 

in determining average fuel economy 

standards, but too, neither precludes its 

use.531 EPCA does require that NHTSA 

consider economic practicability among 

other factors, and NHTSA has 

concluded, as discussed elsewhere 

herein, that the standards it promulgates 

today are economically practicable. 

Further validating and supporting its 

conclusion that the standards it 

promulgates today are reasonable, a 

comparison of the standards’ costs and 

benefits shows that the standards’ 

estimated benefits far outweigh its 

estimated costs. Based on the figures 

reported above, NHTSA estimates that 

the total benefits of today’s final 

standards would be more than three 

times the magnitude of the 

corresponding costs, such that the final 

standards would produce net benefits of 

over $130 billion over the useful lives 

of vehicles sold during MYs 2012–2016. 

B. Background 

1. Chronology of Events Since the 

National Academy of Sciences Called 

for Reforming and Increasing CAFE 

Standards 

a. National Academy of Sciences Issues 

Report on Future of CAFE Program 

(February 2002) 

i. Significantly Increasing CAFE 

Standards Without Making Them 

Attribute-Based Would Adversely Affect 

Safety 

In the 2002 congressionally-mandated 

report entitled ‘‘Effectiveness and 

Impact of Corporate Average Fuel 

Economy (CAFE) Standards,’’ 532 a 

majority of the committee of the 

National Academy of Sciences (NAS) 

(‘‘2002 NAS Report’’) concluded that the 

then-existing form of passenger car and 

light truck CAFE standards permitted 

vehicle manufacturers to comply in part 

by downweighting and even downsizing 

their vehicles and that these actions had 

led to additional fatalities. The 

committee explained that this safety 

problem arose because, at that time, the 

CAFE standards were not attributebased and thus subjected all passenger 

cars to the same fuel economy target and 

all light trucks to the same target, 

regardless of their weight, size, or loadcarrying capacity.533 The committee 

said that this experience suggests that 

consideration should be given to 

developing a new system of fuel 

economy targets that reflects differences 

in such vehicle attributes. Without a 

thoughtful restructuring of the program, 

there would be trade-offs that must be 

made if CAFE standards were increased 

by any significant amount.534

In response to these conclusions, 

NHTSA considered various attributes 

and ultimately issued footprint-based 

CAFE standards for light trucks and 

sought legislative authority to issue 

attribute-based CAFE standards for 

passenger cars before undertaking to 

raise the car standards. Congress went a 

step further in enacting EISA, not only 

authorizing the issuance of attributebased standards, but also mandating 

them. 

ii. Climate Change and Other 

Externalities Justify Increasing the CAFE 

Standards 

The NAS committee said that there 

are two compelling concerns that justify 

increasing the fuel economy standards, 

both relating to externalities. The first 

and most important concern, it argued, 

is the accumulation in the atmosphere 

of greenhouse gases, principally carbon 

dioxide.535

A second concern is that petroleum 

imports have been steadily rising 

because of the nation’s increasing 

demand for gasoline without a 

corresponding increase in domestic 

supply. The high cost of oil imports 

poses two risks: downward pressure on 

the strength of the dollar (which drives 

up the cost of goods that Americans 

import) and an increase in U.S. 

vulnerability to macroeconomic shocks 

that cost the economy considerable real 

output. 

To determine how much the fuel 

economy standards should be increased, 

the committee urged that all social 

benefits of such increases be considered. 

That is, it urged not only that the dollar 

value of the saved fuel be considered, 

but also that the dollar value to society 

of the resulting reductions in 

greenhouse gas emissions and in 

dependence on imported oil should be 

calculated and considered. 

iii. Reforming the CAFE Program Could 

Address Inequity Arising From the 

CAFE Structure 

The 2002 NAS report expressed 

concerns about increasing the standards 

under the CAFE program as it was then 

structured. While raising CAFE 

standards under the then-existing 

structure would reduce fuel 

consumption, doing so under alternative 

structures ‘‘could accomplish the same 

end at lower cost, provide more 

flexibility to manufacturers, or address 

inequities arising from the present’’ 

structure.536

To address those structural problems, 

the report suggested various possible 

reforms. The report found that the 

‘‘CAFE program might be improved 

significantly by converting it to a system 

in which fuel targets depend on vehicle 

attributes.’’ 537 The report noted further 

that under an attribute-based approach, 

the required CAFE levels could vary 

among the manufacturers based on the 

distribution of their product mix. NAS 

mstockstill on DSKB9S0YB1PROD with RULES2

Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 25553 

538NAS, p. 87. 

539 71 FR 17566 (Apr. 6, 2006). 540 508 F.3d 508. 

541See CBD v. NHTSA, 538 F.3d 1172 (9th Cir. 

2008). 

542 73 FR 61859 (Oct. 18, 2008). 

stated that targets could vary among 

passenger cars and among trucks, based 

on some attribute of these vehicles such 

as weight, size, or load-carrying 

capacity. The report explained that a 

particular manufacturer’s average target 

for passenger cars or for trucks would 

depend upon the fractions of vehicles it 

sold with particular levels of these 

attributes.538

b. NHTSA Issues Final Rule 

Establishing Attribute-Based CAFE 

Standards for MY 2008–2011 Light 

Trucks (March 2006) 

The 2006 final rule reformed the 

structure of the CAFE program for light 

trucks by introducing an attribute-based 

approach and using that approach to 

establish higher CAFE standards for MY 

2008–2011 light trucks.539 Reforming 

the CAFE program enabled it to achieve 

larger fuel savings, while enhancing 

safety and preventing adverse economic 

consequences. 

As noted above, fuel economy 

standards were restructured so that they 

were based on a vehicle attribute, a 

measure of vehicle size called 

‘‘footprint.’’ It is the product of 

multiplying a vehicle’s wheelbase by its 

track width. A target level of fuel 

economy was established for each 

increment in footprint (0.1 ft2). Trucks 

with smaller footprints have higher fuel 

economy targets; conversely, larger ones 

have lower targets. A particular 

manufacturer’s compliance obligation 

for a model year is calculated as the 

harmonic average of the fuel economy 

targets for the manufacturer’s vehicles, 

weighted by the distribution of the 

manufacturer’s production volumes 

among the footprint increments. Thus, 

each manufacturer is required to comply 

with a single overall average fuel 

economy level for each model year of 

production. 

Compared to non-attribute-based 

CAFE, attribute-based CAFE enhances 

overall fuel savings while providing 

vehicle manufacturers with the 

flexibility they need to respond to 

changing market conditions. Attributebased CAFE also provides a more 

equitable regulatory framework by 

creating a level playing field for 

manufacturers, regardless of whether 

they are full-line or limited-line 

manufacturers. We were particularly 

encouraged that attribute-based CAFE 

will confer no compliance advantage if 

vehicle makers choose to downsize 

some of their fleet as a CAFE 

compliance strategy, thereby reducing 

the adverse safety risks associated with 

the non-attribute-based CAFE program. 

c. Ninth Circuit Issues Decision re Final 

Rule for MY 2008–2011 Light Trucks 

(November 2007) 

On November 15, 2007, the United 

States Court of Appeals for the Ninth 

Circuit issued its decision in Center for 

Biological Diversity v. NHTSA,540 the 

challenge to the MY 2008–11 light truck 

CAFE rule. The court held that EPCA 

permits, but does not require, the use of 

a marginal cost-benefit analysis. The 

court specifically emphasized NHTSA’s 

discretion to decide how to balance the 

statutory factors—as long as that 

balancing does not undermine the 

fundamental statutory purpose of energy 

conservation. Although the Court found 

that NHTSA had been arbitrary and 

capricious in several respects, the Court 

did not vacate the standards, but instead 

said it would remand the rule to 

NHTSA to promulgate new standards 

consistent with its opinion ‘‘as 

expeditiously as possible and for the 

earliest model year practicable.’’ Under 

the decision, the standards established 

by the April 2006 final rule would 

remain in effect unless and until 

amended by NHTSA. In addition, it 

directed the agency to prepare an 

Environmental Impact Statement. 

d. Congress Enacts Energy Security and 

Independence Act of 2007 (December 

2007) 

As noted above in Section I.B., EISA 

significantly changed the provisions of 

EPCA governing the establishment of 

future CAFE standards. These changes 

made it necessary for NHTSA to pause 

in its efforts so that it could assess the 

implications of the amendments made 

by EISA and then, as required, revise 

some aspects of the proposals it had 

been developing (e.g., the model years 

covered and credit issues). 

e. NHTSA Proposes CAFE Standards for 

MYs 2011–2015 (April 2008) 

The agency could not set out the exact 

level of CAFE that each manufacturer 

would have been required to meet for 

each model year under the passenger car 

or light truck standards since the levels 

would depend on information that 

would not be available until the end of 

each of the model years, i.e., the final 

actual production figures for each of 

those years. The agency could, however, 

project what the industry-wide level of 

average fuel economy would have been 

for passenger cars and for light trucks if 

each manufacturer produced its 

expected mix of automobiles and just 

met its obligations under the proposed 

‘‘optimized’’ standards for each model 

year. 

Passenger 

cars mpg 

Light trucks 

mpg 

MY 2011 ........... 31.2 25.0 

MY 2012 ........... 32.8 26.4 

MY 2013 ........... 34.0 27.8 

MY 2014 ........... 34.8 28.2 

MY 2015 ........... 35.7 28.6 

The combined industry-wide average 

fuel economy (in miles per gallon, or 

mpg) levels for both cars and light 

trucks, if each manufacturer just met its 

obligations under the proposed 

‘‘optimized’’ standards for each model 

year, would have been as follows: 

Combined 

mpg 

MY 2011 ................................... 27.8 

MY 2012 ................................... 29.2 

MY 2013 ................................... 30.5 

MY 2014 ................................... 31.0 

MY 2015 ................................... 31.6 

The annual average increase during 

this five year period would have been 

approximately 4.5 percent. Due to the 

uneven distribution of new model 

introductions during this period and to 

the fact that significant technological 

changes could be most readily made in 

conjunction with those introductions, 

the annual percentage increases were 

greater in the early years in this period. 

f. Ninth Circuit Revises Its Decision re 

Final Rule for MY 2008–2011 Light 

Trucks (August 2008) 

In response to the Government 

petition for rehearing, the Ninth Circuit 

modified its decision by replacing its 

direction to prepare an EIS with a 

direction to prepare either a new EA or, 

if necessary, an EIS.541

g. NHTSA Releases Final Environmental 

Impact Statement (October 2008) 

On October 17, 2008, EPA published 

a notice announcing the availability of 

NHTSA’s final environmental impact 

statement (FEIS) for the MYs 2011–2015 

rulemaking.542 Throughout the FEIS, 

NHTSA relied extensively on findings 

of the United Nations Intergovernmental 

Panel on Climate Change (IPCC) and the 

U.S. Climate Change Science Program 

(USCCSP). In particular, the agency 

relied heavily on the most recent, 

thoroughly peer-reviewed, and credible 

assessments of global climate change 

and its impact on the United States: The 

mstockstill on DSKB9S0YB1PROD with RULES2

25554 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 

543The statement can be found at http://

www.dot.gov/affairs/dot0109.htm (last accessed 

March 1, 2010). 

544The agency notes, for NEPA purposes, that the 

‘‘optimized standard’’ alternative adopted as the 

final standards corresponds to the ‘‘Optimized Mid2’’ scenario described in Section 2.2.2 of the FEIS. 

545Those numbers set out several paragraphs 

above. 

546Congress required that DOT establish a credit 

‘‘transferring’’ regulation, to allow individual 

manufacturers to move credits from one of their 

fleets to another (e.g., using a credit earned for 

exceeding the light truck standard for compliance 

with the domestic passenger car standard). Congress 

allowed DOT to establish a credit ‘‘trading’’ 

regulation, so that credits may be bought and sold 

between manufacturers and other parties. 

IPCC Fourth Assessment Report 

Working Group I4 and II5 Reports, and 

reports by the USCCSP that include 

Scientific Assessments of the Effects of 

Global Climate Change on the United 

States and Synthesis and Assessment 

Products. 

In the FEIS, NHTSA compared the 

environmental impacts of its preferred 

alternative and those of reasonable 

alternatives. It considered direct, 

indirect, and cumulative impacts and 

describes these impacts to inform the 

decision maker and the public of the 

environmental impacts of the various 

alternatives. 

Among other potential impacts, 

NHTSA analyzed the direct and indirect 

impacts related to fuel and energy use, 

emissions, including carbon dioxide 

and its effects on temperature and 

climate change, air quality, natural 

resources, and the human environment. 

Specifically, the FEIS used a climate 

model to estimate and report on four 

direct and indirect effects of climate 

change, driven by alternative scenarios 

of GHG emissions, including: 

1. Changes in CO2 concentrations; 

2. Changes in global mean surface 

temperature; 

3. Changes in regional temperature 

and precipitation; and 

4. Changes in sea level. 

NHTSA also considered the 

cumulative impacts of the proposed 

standards for MY 2011–2015 passenger 

cars and light trucks, together with 

estimated impacts of NHTSA’s 

implementation of the CAFE program 

through MY 2010 and NHTSA’s future 

CAFE rulemaking for MYs 2016–2020. 

h. Department of Transportation 

Decides Not To Issue MY 2011–2015 

Final Rule (January 2009) 

On January 7, 2009, the Department of 

Transportation announced that the Bush 

Administration would not issue the 

final rule, notwithstanding the Office of 

Information and Regulatory Affairs’ 

completion of review of the rule under 

Executive Order 12866, Regulatory 

Planning and Review, on November 14, 

2008.543

i. The President Requests NHTSA To 

Issue Final Rule for MY 2011 Only 

(January 2009) 

As explained above, in his 

memorandum of January 26, 2009, the 

President requested the agency to issue 

a final rule adopting CAFE standards for 

MY 2011 only. Further, the President 

requested NHTSA to establish standards 

for MY 2012 and later after considering 

the appropriate legal factors, the 

comments filed in response to the May 

2008 proposal, the relevant 

technological and scientific 

considerations, and, to the extent 

feasible, a forthcoming report by the 

National Academy of Sciences assessing 

automotive technologies that can 

practicably be used to improve fuel 

economy. 

j. NHTSA Issues Final Rule for MY 2011 

(March 2009) 

i. Standards 

The final rule established footprintbased fuel economy standards for MY 

2011 passenger cars and light trucks. 

Each vehicle manufacturer’s required 

level of CAFE was based on target levels 

of average fuel economy set for vehicles 

of different sizes and on the distribution 

of that manufacturer’s vehicles among 

those sizes. The curves defining the 

performance target at each footprint 

reflect the technological and economic 

capabilities of the industry. The target 

for each footprint is the same for all 

manufacturers, regardless of differences 

in their overall fleet mix. Compliance 

would be determined by comparing a 

manufacturer’s harmonically averaged 

fleet fuel economy levels in a model 

year with a required fuel economy level 

calculated using the manufacturer’s 

actual production levels and the targets 

for each footprint of the vehicles that it 

produces. 

The agency analyzed seven regulatory 

alternatives, one of which maximizes 

net benefits within the limits of 

available information and was known at 

the time as the ‘‘optimized standards.’’ 

The optimized standards were set at 

levels, such that, considering all of the 

manufacturers together, no other 

alternative is estimated to produce 

greater net benefits to society. Upon a 

considered analysis of all information 

available, including all information 

submitted to NHTSA in comments, the 

agency adopted the ‘‘optimized 

standard’’ alternative as the final 

standards for MY 2011.544 By limiting 

the standards to levels that can be 

achieved using technologies each of 

which are estimated to provide benefits 

that at least equal its costs, the net 

benefit maximization approach helped, 

at the time, to assure the marketability 

of the manufacturers’ vehicles and thus 

economic practicability of the 

standards, for the reasons discussed 

extensively in that final rule. 

The following levels were projected 

for what the industry-wide level of 

average fuel economy will be for 

passenger cars and for light trucks if 

each manufacturer produced its 

expected mix of automobiles and just 

met its obligations under the 

‘‘optimized’’ standards. 

Passenger 

cars mpg 

Light trucks 

mpg 

MY 2011 ........... 30.2 24.1 

The combined industry-wide average 

fuel economy (in miles per gallon, or 

mpg) levels for both cars and light 

trucks, if each manufacturer just met its 

obligations under the ‘‘optimized’’ 

standards, were projected as follows: 

Combined 

mpg 

mpg increase over 

prior year 

MY 2011 ........... 27.3 2.0 

In addition, per EISA, each 

manufacturer’s domestic passenger fleet 

is required in MY 2011 to achieve 27.5 

mpg or 92 percent of the CAFE of the 

industry-wide combined fleet of 

domestic and non-domestic passenger 

cars 545 for that model year, whichever 

is higher. This requirement resulted in 

the following projected alternative 

minimum standard (not attribute-based) 

for domestic passenger cars: 

Domestic 

passenger 

cars mpg 

MY 2011 ................................... 27.8 

ii. Credits 

NHTSA also adopted a new part 536 

on use of ‘‘credits’’ earned for exceeding 

applicable CAFE standards. Part 536 

implements the provisions in EISA 

authorizing NHTSA to establish by 

regulation a credit trading program and 

directing it to establish by regulation a 

credit transfer program.546 Since its 

enactment, EPCA has permitted 

manufacturers to earn credits for 

exceeding the standards and to apply 

those credits to compliance obligations 

mstockstill on DSKB9S0YB1PROD with RULES2

Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 25555 

547See Center for Biological Diversity v. NHTSA, 

538 F.3d. 1172, 1195 (9th Cir. 2008) (‘‘The EPCA 

clearly requires the agency to consider these four 

factors, but it gives NHTSA discretion to decide 

how to balance the statutory factors—as long as 

NHTSA’s balancing does not undermine the 

fundamental purpose of the EPCA: energy 

conservation.’’) 

548 67 FR 77015, 77021 (Dec. 16, 2002). 

549CEI–I, 793 F.2d 1322, 1352 (DC Cir. 1986). 

550 In the case of emission standards, this 

includes standards adopted by the Federal 

government and can include standards adopted by 

the States as well, since in certain circumstances 

the Clean Air Act allows States to adopt and enforce 

State standards different from the Federal ones. 

551 42 FR 63184, 63188 (Dec. 15, 1977). See also 

42 FR 33534, 33537 (Jun. 30, 1977). 

in years other than the model year in 

which it was earned. EISA extended the 

‘‘carry-forward’’ period to five model 

years, and left the ‘‘carry-back’’ period at 

three model years. Under part 536, 

credit holders (including, but not 

limited to, manufacturers) will have 

credit accounts with NHTSA, and will 

be able to hold credits, apply them to 

compliance with CAFE standards, 

transfer them to another ‘‘compliance 

category’’ for application to compliance 

there, or trade them. A credit may also 

be cancelled before its expiry date, if the 

credit holder so chooses. Traded and 

transferred credits will be subject to an 

‘‘adjustment factor’’ to ensure total oil 

savings are preserved, as required by 

EISA. EISA also prohibits credits earned 

before MY 2011 from being transferred, 

so NHTSA has developed several 

regulatory restrictions on trading and 

transferring to facilitate Congress’ intent 

in this regard. 

2. Energy Policy and Conservation Act, 

as Amended by the Energy 

Independence and Security Act 

NHTSA establishes CAFE standards 

for passenger cars and light trucks for 

each model year under EPCA, as 

amended by EISA. EPCA mandates a 

motor vehicle fuel economy regulatory 

program to meet the various facets of the 

need to conserve energy, including ones 

having environmental and foreign 

policy implications. EPCA allocates the 

responsibility for implementing the 

program between NHTSA and EPA as 

follows: NHTSA sets CAFE standards 

for passenger cars and light trucks; EPA 

establishes the procedures for testing, 

tests vehicles, collects and analyzes 

manufacturers’ data, and calculates the 

average fuel economy of each 

manufacturer’s passenger cars and light 

trucks; and NHTSA enforces the 

standards based on EPA’s calculations. 

a. Standard Setting 

We have summarized below the most 

important aspects of standard setting 

under EPCA, as amended by EISA. 

For each future model year, EPCA 

requires that NHTSA establish 

standards at ‘‘the maximum feasible 

average fuel economy level that it 

decides the manufacturers can achieve 

in that model year,’’ based on the 

agency’s consideration of four statutory 

factors: Technological feasibility, 

economic practicability, the effect of 

other standards of the Government on 

fuel economy, and the need of the 

nation to conserve energy. EPCA does 

not define these terms or specify what 

weight to give each concern in 

balancing them; thus, NHTSA defines 

them and determines the appropriate 

weighting based on the circumstances in 

each CAFE standard rulemaking.547

For MYs 2011–2020, EPCA further 

requires that separate standards for 

passenger cars and for light trucks be set 

at levels high enough to ensure that the 

CAFE of the industry-wide combined 

fleet of new passenger cars and light 

trucks reaches at least 35 mpg not later 

than MY 2020. 

i. Factors That Must Be Considered in 

Deciding the Appropriate Stringency of 

CAFE Standards 

(1) Technological Feasibility 

‘‘Technological feasibility’’ refers to 

whether a particular method of 

improving fuel economy can be 

available for commercial application in 

the model year for which a standard is 

being established. Thus, the agency is 

not limited in determining the level of 

new standards to technology that is 

already being commercially applied at 

the time of the rulemaking. NHTSA has 

historically considered all types of 

technologies that improve real-world 

fuel economy, except those whose 

effects are not reflected in fuel economy 

testing. Principal among them are 

technologies that improve air 

conditioner efficiency because the air 

conditioners are not turned on during 

testing under existing test procedures. 

(2) Economic Practicability 

‘‘Economic practicability’’ refers to 

whether a standard is one ‘‘within the 

financial capability of the industry, but 

not so stringent as to’’ lead to ‘‘adverse 

economic consequences, such as a 

significant loss of jobs or the 

unreasonable elimination of consumer 

choice.’’ 548 This factor is especially 

important in the context of current 

events, where the automobile industry 

is facing significantly adverse economic 

conditions, as well as significant loss of 

jobs. In an attempt to ensure the 

economic practicability of attributebased standards, NHTSA considers a 

variety of factors, including the annual 

rate at which manufacturers can 

increase the percentage of their fleets 

that employ a particular type of fuelsaving technology, and cost to 

consumers. Consumer acceptability is 

also an element of economic 

practicability, one which is particularly 

difficult to gauge during times of 

frequently-changing fuel prices. NHTSA 

believes this approach is reasonable for 

the MY 2012–2016 standards in view of 

the facts before it at this time. 

At the same time, the law does not 

preclude a CAFE standard that poses 

considerable challenges to any 

individual manufacturer. The 

Conference Report for EPCA, as enacted 

in 1975, makes clear, and the case law 

affirms, ‘‘a determination of maximum 

feasible average fuel economy should 

not be keyed to the single manufacturer 

which might have the most difficulty 

achieving a given level of average fuel 

economy.’’ 549 Instead, NHTSA is 

compelled ‘‘to weigh the benefits to the 

nation of a higher fuel economy 

standard against the difficulties of 

individual automobile manufacturers.’’ 

Id. The law permits CAFE standards 

exceeding the projected capability of 

any particular manufacturer as long as 

the standard is economically practicable 

for the industry as a whole. Thus, while 

a particular CAFE standard may pose 

difficulties for one manufacturer, it may 

also present opportunities for another. 

The CAFE program is not necessarily 

intended to maintain the competitive 

positioning of each particular company. 

Rather, it is intended to enhance fuel 

economy of the vehicle fleet on 

American roads, while protecting motor 

vehicle safety and being mindful of the 

risk of harm to the overall United States 

economy. 

(3) The Effect of Other Motor Vehicle 

Standards of the Government on Fuel 

Economy 

‘‘The effect of other motor vehicle 

standards of the Government on fuel 

economy,’’ involves an analysis of the 

effects of compliance with emission,550

safety, noise, or damageability standards 

on fuel economy capability and thus on 

average fuel economy. In previous CAFE 

rulemakings, the agency has said that 

pursuant to this provision, it considers 

the adverse effects of other motor 

vehicle standards on fuel economy. It 

said so because, from the CAFE 

program’s earliest years 551 until 

present, the effects of such compliance 

on fuel economy capability over the 

history of the CAFE program have been 

negative ones. For example, safety 

standards that have the effect of 

increasing vehicle weight lower vehicle 

mstockstill on DSKB9S0YB1PROD with RULES2

25556 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 

552 42 FR 63184, 63188 (1977). 

553The ‘‘rebound effect’’ refers to the tendency of 

drivers to drive their vehicles more as the cost of 

doing so goes down, as when fuel economy 

improves. 

554Center for Auto Safety v. NHTSA, 793 F.2d 

1322, 1325 n. 12 (DC Cir. 1986); Public Citizen v. 

NHTSA, 848 F.2d 256, 262–3 n. 27 (DC Cir. 1988) 

(noting that ‘‘NHTSA itself has interpreted the 

factors it must consider in setting CAFE standards 

as including environmental effects’’); and Center for 

Biological Diversity v. NHTSA, 538 F.3d 1172 (9th 

Cir. 2007). 

555 42 FR 63184, 63188 (Dec. 15, 1977) (emphasis 

added). 

556For example, the final rules establishing CAFE 

standards for MY 1981–84 passenger cars, 42 FR 

33533, 33540–1 and 33551 (Jun. 30, 1977), and for 

MY 1983–85 light trucks, 45 FR 81593, 81597 (Dec. 

11, 1980). 

557 53 FR 33080, 33096 (Aug. 29, 1988). 

558 53 FR 39275, 39302 (Oct. 6, 1988). 

559See, e.g., Center for Auto Safety v. NHTSA 

(CAS), 793 F. 2d 1322 (DC Cir. 1986) 

(Administrator’s consideration of market demand as 

component of economic practicability found to be 

reasonable); Public Citizen 848 F.2d 256 (Congress 

established broad guidelines in the fuel economy 

statute; agency’s decision to set lower standard was 

a reasonable accommodation of conflicting 

policies). As the United States Court of Appeals 

pointed out in upholding NHTSA’s exercise of 

judgment in setting the 1987–1989 passenger car 

standards, ‘‘NHTSA has always examined the safety 

consequences of the CAFE standards in its overall 

consideration of relevant factors since its earliest 

rulemaking under the CAFE program.’’ Competitive 

Enterprise Institute v. NHTSA (CEI I), 901 F.2d 107, 

120 at n.11 (DC Cir. 1990). 

fuel economy capability and thus 

decrease the level of average fuel 

economy that the agency can determine 

to be feasible. 

NHTSA also recognizes that in some 

cases the effect of other motor vehicle 

standards of the Government on fuel 

economy may be neutral or positive. For 

example, to the extent the GHG 

standards set by EPA and California 

result in increases in fuel economy, they 

would do so almost exclusively as a 

result of inducing manufacturers to 

install the same types of technologies 

used by manufacturers in complying 

with the CAFE standards. The primary 

exception would involve lower-GHGproducing air conditioners. The agency 

considered EPA’s standards and the 

harmonization benefits of the National 

Program in developing its own 

standards. 

(4) The Need of the United States To 

Conserve Energy 

‘‘The need of the United States to 

conserve energy’’ means ‘‘the consumer 

cost, national balance of payments, 

environmental, and foreign policy 

implications of our need for large 

quantities of petroleum, especially 

imported petroleum.’’ 552 Environmental 

implications principally include 

reductions in emissions of criteria 

pollutants and carbon dioxide. Prime 

examples of foreign policy implications 

are energy independence and security 

concerns. 

(a) Fuel Prices and the Value of Saving 

Fuel 

Projected future fuel prices are a 

critical input into the preliminary 

economic analysis of alternative CAFE 

standards, because they determine the 

value of fuel savings both to new 

vehicle buyers and to society. In this 

rule, NHTSA relies on fuel price 

projections from the U.S. Energy 

Information Administration’s (EIA) 

Annual Energy Outlook (AEO) for this 

analysis. Federal government agencies 

generally use EIA’s projections in their 

assessments of future energy-related 

policies. 

(b) Petroleum Consumption and Import 

Externalities 

U.S. consumption and imports of 

petroleum products impose costs on the 

domestic economy that are not reflected 

in the market price for crude petroleum, 

or in the prices paid by consumers of 

petroleum products such as gasoline. 

These costs include (1) higher prices for 

petroleum products resulting from the 

effect of U.S. oil import demand on the 

world oil price; (2) the risk of 

disruptions to the U.S. economy caused 

by sudden reductions in the supply of 

imported oil to the U.S.; and (3) 

expenses for maintaining a U.S. military 

presence to secure imported oil supplies 

from unstable regions, and for 

maintaining the strategic petroleum 

reserve (SPR) to provide a response 

option should a disruption in 

commercial oil supplies threaten the 

U.S. economy, to allow the United 

States to meet part of its International 

Energy Agency obligation to maintain 

emergency oil stocks, and to provide a 

national defense fuel reserve. Higher 

U.S. imports of crude oil or refined 

petroleum products increase the 

magnitude of these external economic 

costs, thus increasing the true economic 

cost of supplying transportation fuels 

above the resource costs of producing 

them. Conversely, reducing U.S. imports 

of crude petroleum or refined fuels or 

reducing fuel consumption can reduce 

these external costs. 

(c) Air Pollutant Emissions 

While reductions in domestic fuel 

refining and distribution that result 

from lower fuel consumption will 

reduce U.S. emissions of various 

pollutants, additional vehicle use 

associated with the rebound effect 553

from higher fuel economy will increase 

emissions of these pollutants. Thus, the 

net effect of stricter CAFE standards on 

emissions of each pollutant depends on 

the relative magnitudes of its reduced 

emissions in fuel refining and 

distribution, and increases in its 

emissions from vehicle use. 

Fuel savings from stricter CAFE 

standards also result in lower emissions 

of CO2, the main greenhouse gas emitted 

as a result of refining, distribution, and 

use of transportation fuels. Lower fuel 

consumption reduces carbon dioxide 

emissions directly, because the primary 

source of transportation-related CO2

emissions is fuel combustion in internal 

combustion engines. 

NHTSA has considered 

environmental issues, both within the 

context of EPCA and the National 

Environmental Policy Act, in making 

decisions about the setting of standards 

from the earliest days of the CAFE 

program. As courts of appeal have noted 

in three decisions stretching over the 

last 20 years,554 NHTSA defined the 

‘‘need of the Nation to conserve energy’’ 

in the late 1970s as including ‘‘the 

consumer cost, national balance of 

payments, environmental, and foreign 

policy implications of our need for large 

quantities of petroleum, especially 

imported petroleum.’’ 555 Pursuant to 

that view, NHTSA declined in the past 

to include diesel engines in determining 

the appropriate level of standards for 

passenger cars and for light trucks 

because particulate emissions from 

diesels were then both a source of 

concern and unregulated.556 In 1988, 

NHTSA included climate change 

concepts in its CAFE notices and 

prepared its first environmental 

assessment addressing that subject.557 It 

cited concerns about climate change as 

one of its reasons for limiting the extent 

of its reduction of the CAFE standard for 

MY 1989 passenger cars.558 Since then, 

NHTSA has considered the benefits of 

reducing tailpipe carbon dioxide 

emissions in its fuel economy 

rulemakings pursuant to the statutory 

requirement to consider the nation’s 

need to conserve energy by reducing 

fuel consumption. 

ii. Other Factors Considered by NHTSA 

NHTSA considers the potential for 

adverse safety consequences when in 

establishing CAFE standards. This 

practice is recognized approvingly in 

case law.559 Under the universal or 

‘‘flat’’ CAFE standards that NHTSA was 

previously authorized to establish, 

manufacturers were encouraged to 

respond to higher standards by building 

smaller, less safe vehicles in order to 

‘‘balance out’’ the larger, safer vehicles 

that the public generally preferred to 

mstockstill on DSKB9S0YB1PROD with RULES2

Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 25557 

560 49 U.S.C. 32902(h). 

buy, which resulted in a higher mass 

differential between the smallest and 

the largest vehicles, with a 

correspondingly greater risk to safety. 

Under the attribute-based standards 

being proposed today, that risk is 

reduced because building smaller 

vehicles would tend to raise a 

manufacturer’s overall CAFE obligation, 

rather than only raising its fleet average 

CAFE, and because all vehicles are 

required to continue improving their 

fuel economy. 

In addition, the agency considers 

consumer demand in establishing new 

standards and in assessing whether 

already established standards remained 

feasible. In the 1980s, the agency relied 

in part on the unexpected drop in fuel 

prices and the resulting unexpected 

failure of consumer demand for small 

cars to develop in explaining the need 

to reduce CAFE standards for a several 

year period in order to give 

manufacturers time to develop 

alternative technology-based strategies 

for improving fuel economy. 

iii. Factors That NHTSA Is Statutorily 

Prohibited From Considering in Setting 

Standards 

EPCA provides that in determining 

the level at which it should set CAFE 

standards for a particular model year, 

NHTSA may not consider the ability of 

manufacturers to take advantage of 

several EPCA provisions that facilitate 

compliance with the CAFE standards 

and thereby reduce the costs of 

compliance.560 As noted below, 

manufacturers can earn compliance 

credits by exceeding the CAFE 

standards and then use those credits to 

achieve compliance in years in which 

their measured average fuel economy 

falls below the standards. Manufacturers 

can also increase their CAFE levels 

through MY 2019 by producing 

alternative fuel vehicles. EPCA provides 

an incentive for producing these 

vehicles by specifying that their fuel 

economy is to be determined using a 

special calculation procedure that 

results in those vehicles being assigned 

a high fuel economy level. 

iv. Weighing and Balancing of Factors 

NHTSA has broad discretion in 

balancing the above factors in 

determining the average fuel economy 

level that the manufacturers can 

achieve. Congress ‘‘specifically 

delegated the process of setting * * * 

fuel economy standards with broad 

guidelines concerning the factors that 

the agency must consider. The breadth 

of those guidelines, the absence of any 

statutorily prescribed formula for 

balancing the factors, the fact that the 

relative weight to be given to the various 

factors may change from rulemaking to 

rulemaking as the underlying facts 

change, and the fact that the factors may 

often be conflicting with respect to 

whether they militate toward higher or 

lower standards give NHTSA discretion 

to decide what weight to give each of 

the competing policies and concerns 

and then determine how to balance 

them as long as NHTSA’s balancing 

does not undermine the fundamental 

purpose of the EPCA: Energy 

conservation, and as long as that 

balancing reasonably accommodates 

‘conflicting policies that were 

committed to the agency’s care by the 

statute.’ ’’ 

Thus, EPCA does not mandate that 

any particular number be adopted when 

NHTSA determines the level of CAFE 

standards. Rather, any number within a 

zone of reasonableness may be, in 

NHTSA’s assessment, the level of 

stringency that manufacturers can 

achieve. See, e.g., Hercules Inc. v. EPA, 

598 F. 2d 91, 106 (DC Cir. 1978) (‘‘In 

reviewing a numerical standard we 

must ask whether the agency’s numbers 

are within a zone of reasonableness, not 

whether its numbers are precisely 

right’’). 

v. Other Requirements Related to 

Standard Setting 

The standards for passenger cars and 

those for light trucks must increase 

ratably each year. This statutory 

requirement is interpreted, in 

combination with the requirement to set 

the standards for each model year at the 

level determined to be the maximum 

feasible level that manufacturers can 

achieve for that model year, to mean 

that the annual increases should not be 

disproportionately large or small in 

relation to each other. 

The standards for passenger cars and 

light trucks must be based on one or 

more vehicle attributes, like size or 

weight, that correlate with fuel economy 

and must be expressed in terms of a 

mathematical function. Fuel economy 

targets are set for individual vehicles 

and increase as the attribute decreases 

and vice versa. For example, size-based 

(i.e., size-indexed) standards assign 

higher fuel economy targets to smaller 

(and generally, but not necessarily, 

lighter) vehicles and lower ones to 

larger (and generally, but not 

necessarily, heavier) vehicles. The fleetwide average fuel economy that a 

particular manufacturer is required to 

achieve depends on the size mix of its 

fleet, i.e., the proportion of the fleet that 

is small-, medium- or large-sized. 

This approach can be used to require 

virtually all manufacturers to increase 

significantly the fuel economy of a 

broad range of both passenger cars and 

light trucks, i.e., the manufacturer must 

improve the fuel economy of all the 

vehicles in its fleet. Further, this 

approach can do so without creating an 

incentive for manufacturers to make 

small vehicles smaller or large vehicles 

larger, with attendant implications for 

safety. 

b. Test Procedures for Measuring Fuel 

Economy 

EPCA provides EPA with the 

responsibility for establishing CAFE test 

procedures. Current test procedures 

measure the effects of many fuel saving 

technologies. The principal exception is 

improvements in air conditioning 

efficiency. By statutory law in the case 

of passenger cars and by administrative 

regulation in the case of light trucks, air 

conditioners are not turned on during 

fuel economy testing. 

The fuel economy test procedures for 

light trucks could be amended through 

rulemaking to provide for air 

conditioner operation during testing and 

to take other steps for improving the 

accuracy and representativeness of fuel 

economy measurements. NHTSA sought 

comment in the NPRM regarding 

implementing such amendments 

beginning in MY 2017 and also on the 

more immediate interim alternative step 

of providing CAFE program credits 

under the authority of 49 U.S.C. 

32904(c) for light trucks equipped with 

relatively efficient air conditioners for 

MYs 2012–2016, but decided against 

finalizing either option for purposes of 

this final rule, choosing to defer the 

matter for now. Modernizing the 

passenger car test procedures, or even 

providing similar credits, would not be 

possible under EPCA as currently 

written. 

c. Enforcement and Compliance 

Flexibility 

EPA is responsible for measuring 

automobile manufacturers’ CAFE so that 

NHTSA can determine compliance with 

the CAFE standards. When NHTSA 

finds that a manufacturer is not in 

compliance, it notifies the 

manufacturer. Surplus credits generated 

from the five previous years can be used 

to make up the deficit. The amount of 

credit earned is determined by 

multiplying the number of tenths of a 

mpg by which a manufacturer exceeds 

a standard for a particular category of 

automobiles by the total volume of 

automobiles of that category 

manufactured by the manufacturer for a 

given model year. If there are no (or not 

mstockstill on DSKB9S0YB1PROD with RULES2

25558 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 

561EPCA does not provide authority for seeking 

to enjoin violations of the CAFE standards. 

562 49 U.S.C. 30120, Remedies for defects and 

noncompliance. 

563Some manufacturers’ baseline fleets (as 

reflected in the agencies’ market forecast) do not, 

without applying additional technology and/or 

CAFE credits, show compliance with the baseline 

standards. 

enough) credits available, then the 

manufacturer can either pay the fine, or 

submit a carry back plan to NHTSA. A 

carry back plan describes what the 

manufacturer plans to do in the 

following three model years to earn 

enough credits to make up for the 

deficit. NHTSA must examine and 

determine whether to approve the plan. 

In the event that a manufacturer does 

not comply with a CAFE standard, even 

after the consideration of credits, EPCA 

provides for the assessing of civil 

penalties, unless, as provided below, the 

manufacturer has earned credits for 

exceeding a standard in an earlier year 

or expects to earn credits in a later 

year.561 The Act specifies a precise 

formula for determining the amount of 

civil penalties for such a 

noncompliance. The penalty, as 

adjusted for inflation by law, is $5.50 for 

each tenth of a mpg that a 

manufacturer’s average fuel economy 

falls short of the standard for a given 

model year multiplied by the total 

volume of those vehicles in the affected 

fleet (i.e., import or domestic passenger 

car, or light truck), manufactured for 

that model year. The amount of the 

penalty may not be reduced except 

under the unusual or extreme 

circumstances specified in the statute. 

Unlike the National Traffic and Motor 

Vehicle Safety Act, EPCA does not 

provide for recall and remedy in the 

event of a noncompliance. The presence 

of recall and remedy provisions 562 in 

the Safety Act and their absence in 

EPCA is believed to arise from the 

difference in the application of the 

safety standards and CAFE standards. A 

safety standard applies to individual 

vehicles; that is, each vehicle must 

possess the requisite equipment or 

feature that must provide the requisite 

type and level of performance. If a 

vehicle does not, it is noncompliant. 

Typically, a vehicle does not entirely 

lack an item or equipment or feature. 

Instead, the equipment or features fails 

to perform adequately. Recalling the 

vehicle to repair or replace the 

noncompliant equipment or feature can 

usually be readily accomplished. 

In contrast, a CAFE standard applies 

to a manufacturer’s entire fleet for a 

model year. It does not require that a 

particular individual vehicle be 

equipped with any particular equipment 

or feature or meet a particular level of 

fuel economy. It does require that the 

manufacturer’s fleet, as a whole, 

comply. Further, although under the 

attribute-based approach to setting 

CAFE standards fuel economy targets 

are established for individual vehicles 

based on their footprints, the vehicles 

are not required to comply with those 

targets. However, as a practical matter, 

if a manufacturer chooses to design 

some vehicles that fall below their target 

levels of fuel economy, it will need to 

design other vehicles that exceed their 

targets if the manufacturer’s overall fleet 

average is to meet the applicable 

standard. 

Thus, under EPCA, there is no such 

thing as a noncompliant vehicle, only a 

noncompliant fleet. No particular 

vehicle in a noncompliant fleet is any 

more, or less, noncompliant than any 

other vehicle in the fleet. 

C. Development and Feasibility of the 

Final Standards 

1. How was the baseline and reference 

vehicle fleet developed? 

a. Why do the agencies establish a 

baseline and reference vehicle fleet? 

As also discussed in Section II.B 

above, in order to determine what levels 

of stringency are feasible in future 

model years, the agencies must project 

what vehicles will exist in those model 

years, and then evaluate what 

technologies can feasibly be applied to 

those vehicles in order to raise their fuel 

economy and lower their CO2

emissions. The agencies therefore 

established a baseline vehicle fleet 

representing those vehicles, based on 

the best available transparent 

information. Each agency then 

developed a separate reference fleet, 

accounting (via their respective 

analytical models) for the effect that the 

MY 2011 CAFE standards have on the 

baseline fleet. This reference fleet is 

then used for comparisons of 

technologies’ incremental cost and 

effectiveness, as well as for other 

relevant comparisons in the rule. 

Because NHTSA and EPA have 

different established practices, the 

agencies’ rulemaking documents (the 

Federal Register notice, Joint Technical 

Support Document, agency-specific 

Regulatory Impact Analyses, and 

NHTSA Environmental Impact 

Analysis) have some differences in 

terminology. In connection with its firstever GHG emissions rule under the 

CAA, EPA has used the term ‘‘baseline 

fleet’’ to refer to the MY 2008 fleet (i.e., 

from EPA certification and fuel 

economy data for MY 2008) prior to 

adjustment to reflect projected shifts in 

market composition. NHTSA, as in 

recent CAFE rulemakings, refers to the 

resultant market forecast, as specified in 

CAFE model input files (and 

corresponding input files for EPA’s 

OMEGA model), as the ‘‘baseline’’ fleet. 

EPA refers to this fleet as the ‘‘reference 

fleet.’’ NHTSA refers to the ‘‘no action’’ 

standards identified in the EIS (that is, 

the MY 2011 standards carried forward 

through MY 2016) as defining the 

‘‘baseline’’ scenario, and refers to the 

fleet to which technologies have been 

added in response to these standards as 

the ‘‘adjusted baseline’’ fleet.563 EPA 

refers to this as the ‘‘final reference 

fleet.’’ These differences in terminology 

are summarized in the following table: 

Fleet description EPA terminology NHTSA terminology 

MY 2008 Fleet with MY 2008 Production Volumes ................................ Baseline ......................................... MY 2008 Fleet 

MY 2008 Fleet Adjusted to Reflect Projected Market Shifts .................. Reference Fleet ............................. Baseline [Market Forecast] 

MY 2008 Fleet Adjusted to Reflected Projected Market Shifts and Response to MY 2011 CAFE Standards.[Final] Reference Fleet .................. Adjusted Baseline 

The agencies have retained this mixed 

terminology in order to facilitate 

comparison to past rulemakings. In 

general, EPA’s RIA and the Joint TSD 

apply EPA’s nomenclature, NHTSA’s 

RIA and EIS apply NHTSA’s 

nomenclature, and the joint Federal 

Register notice uses EPA’s 

nomenclature when focusing on GHG 

emissions standards, and NHTSA’s 

nomenclature when focusing on CAFE 

standards. 

b. What data did the agencies use to 

construct the baseline, and how did 

they do so? 

As explained in the Technical 

Support Document (TSD) prepared 

mstockstill on DSKB9S0YB1PROD with RULES2

Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 25559 

564Available at http://www.eia.doe.gov/oiaf/aeo/ 

index.html (last accessed March 15, 2010). 

Specifically, while the total volume of both cars and 

trucks was obtained from AEO 2010, the car-truck 

split was obtained from AEO 2009. The agencies 

have also used fuel price forecasts from AEO 2010. 

Both agencies regard AEO a credible source not 

only of such forecasts, but also of many underlying 

forecasts, including forecasts of the size of the 

future light vehicle market. 

565EPA also considered other sources of similar 

information, such as J.D. Powers, and concluded 

that CSM was more appropriate for purposes of this 

rulemaking analysis. 

jointly by NHTSA and EPA, both 

agencies used a baseline vehicle fleet 

constructed beginning with EPA fuel 

economy certification data for the 2008 

model year, the most recent model year 

for which final data is currently 

available from manufacturers. These 

data were used as the source for MY 

2008 production volumes and some 

vehicle engineering characteristics, such 

as fuel economy ratings, engine sizes, 

numbers of cylinders, and transmission 

types. 

Some information important for 

analyzing new CAFE standards is not 

contained in the EPA fuel economy 

certification data. EPA staff estimated 

vehicle wheelbase and track widths 

using data from Motortrend.com and 

Edmunds.com. This information is 

necessary for estimating vehicle 

footprint, which is required for the 

analysis of footprint-based standards. 

Considerable additional information 

regarding vehicle engineering 

characteristics is also important for 

estimating the potential to add new 

technologies in response to new CAFE 

standards. In general, such information 

helps to avoid ‘‘adding’’ technologies to 

vehicles that already have the same or 

a more advanced technology. Examples 

include valvetrain configuration (e.g., 

OHV, SOHC, DOHC), presence of 

cylinder deactivation, and fuel delivery 

(e.g., MPFI, SIDI). To the extent that 

such engineering characteristics were 

not available in certification data, EPA 

staff relied on data published by Ward’s 

Automotive, supplementing this with 

information from Internet sites such as 

Motortrend.com and Edmunds.com. 

NHTSA staff also added some more 

detailed engineering characteristics 

(e.g., type of variable valve timing) using 

data available from ALLDATA® Online. 

Combined with the certification data, all 

of this information yielded the MY 2008 

baseline vehicle fleet. 

After the baseline was created the 

next step was to project the sales 

volumes for 2011–2016 model years. 

EPA used projected car and truck 

volumes for this period from Energy 

Information Administration’s (EIA’s) 

2009 Annual Energy Outlook (AEO).564

However, AEO projects sales only at the 

car and truck level, not at the 

manufacturer and model-specific level, 

which are needed in order to estimate 

the effects new standards will have on 

individual manufacturers. Therefore, 

EPA purchased data from CSM– 

Worldwide and used their projections of 

the number of vehicles of each type 

predicted to be sold by manufacturers in 

2011–2015.565 This provided the yearby-year percentages of cars and trucks 

sold by each manufacturer as well as the 

percentages of each vehicle segment. 

The changes between company market 

share and industry market segments 

were most significant from 2011–2014, 

while for 2014–2015 the changes were 

relatively small. Noting this, and lacking 

a credible forecast of company and 

segment shares after 2015, the agencies 

assumed 2016 market share and market 

segments to be the same as for 2015. 

Using these percentages normalized to 

the AEO projected volumes then 

provided the manufacturer-specific 

market share and model-specific sales 

for model years 2011–2016. 

The processes for constructing the MY 

2008 baseline vehicle fleet and 

subsequently adjusting sales volumes to 

construct the MY 2011–2016 baseline 

vehicle fleet are presented in detail in 

Chapter 1 of the Joint Technical Support 

Document accompanying today’s final 

rule. 

c. How is this different from NHTSA’s 

historical approach and why is this 

approach preferable? 

As discussed above in Section II.B.4, 

NHTSA has historically based its 

analysis of potential new CAFE 

standards on detailed product plans the 

agency has requested from 

manufacturers planning to produce 

light-duty vehicles for sale in the United 

States. In contrast, the current market 

forecast is based primarily on 

information sources which are all either 

in the public domain or available 

commercially. There are advantages to 

this approach, namely transparency and 

the potential to reduce some errors due 

to manufacturers’ misunderstanding of 

NHTSA’s request for information. There 

are also disadvantages, namely that the 

current market forecast does not 

represent certain changes likely to occur 

in the future vehicle fleet as opposed to 

the MY 2008 vehicle fleet, such as 

vehicles being discontinued and newly 

introduced. On balance, however, the 

agencies have carefully considered these 

advantages and disadvantages of using a 

market forecast derived from public and 

commercial sources rather than from 

manufacturers’ product plans, and 

conclude that the advantages outweigh 

the disadvantages. 

Although manufacturers did not 

comment on the agency’s proposal to 

rely on public and commercial 

information rather than manufacturers’ 

confidential product plans when 

developing a market forecast, those 

organizations that did comment on this 

issue supported this change. The 

California Air Resources Board (CARB) 

and Center for Biological Diversity 

(CBD) both commended the resultant 

increase in transparency. CARB further 

indicated that the use of public and 

commercial information should produce 

a better forecast. On the other hand, as 

discussed above in Section I, CBD and 

the Northeast States for Coordinated Air 

Use Management (NESCAUM) both 

raised concerns regarding the resultant 

omission of some new vehicle models, 

and the inclusion of some vehicles to be 

discontinued, while CARB suggested 

that the impact of these inaccuracies 

should be minor. 

As discussed above in Section II.B.4, 

while a baseline developed using 

publicly and commercially available 

sources has both advantages and 

disadvantages relative to a baseline 

developed using manufacturers’ product 

plans, NHTSA has concluded for 

today’s rule that the advantages 

outweigh the disadvantages. Today’s 

approach is much more transparent than 

the agency’s past approach of relying on 

product plans, and as discussed in 

Section II.B.4, any inaccuracies related 

to new or discontinued vehicle models 

should have only a minor impact on the 

agency’s analysis. 

For subsequent rulemakings, NHTSA 

remains hopeful that manufacturers will 

agree to make public their plans for 

model years that are very near, so that 

this information could be incorporated 

into analysis available for public review 

and comment. In any event, because 

NHTSA is releasing market inputs used 

in the agency’s analysis of this final 

rule, all interested parties can review 

these inputs fully, as intended in 

adopting the transparent approach. 

More information on the advantages and 

disadvantages of the current approach 

and the agencies’ decision to follow it 

is available in Section II.B.4. 

d. How is this baseline different 

quantitatively from the baseline that 

NHTSA used for the MY 2011 (March 

2009) final rule? 

As discussed above, the current 

baseline was developed from adjusted 

MY 2008 compliance data and covers 

MYs 2011–2016, while the baseline that 

NHTSA used for the MY 2011 CAFE 

rule was developed from confidential 

mstockstill on DSKB9S0YB1PROD with RULES2

25560 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 

566Please see Section II.B above and Chapter 1 of 

the Joint TSD for more discussion on the agencies’ 

use of AEO 2010 to determine the sales forecasts 

for light vehicles during the model years covered 

by the rulemaking, as well as the memo available 

at Docket No. NHTSA–2009–059–0222. 

manufacturer product plans for MY 

2011. This section describes, for the 

reader’s comparison, some of the 

differences between the current baseline 

and the MY 2011 CAFE rule baseline. 

This comparison provides a basis for 

understanding general characteristics 

and measures of the difference, in this 

case, between using publicly (and 

commercially) available sources and 

using manufacturers’ confidential 

product plans. The current baseline, 

while developed using the same 

methods as the baseline used for MYs 

2012–2016 NPRM, reflects updates to 

the underlying commercially-available 

forecast of manufacturer and market 

segment shares of the future light 

vehicle market. These changes are 

discussed above in Section II.B. 

Estimated vehicle sales: 

The sales forecasts, based on the 

Energy Information Administration’s 

(EIA’s) Annual Energy Outlook 2010 

(AEO 2010), used in the current baseline 

indicate that the total number of light 

vehicles expected to be sold during MYs 

2011–2015 is 77 million, or about 15.4 

million vehicles annually.566 NHTSA’s 

MY 2011 final rule forecast, based on 

AEO 2008, of the total number of light 

vehicles likely to be sold during MY 

2011 through MY 2015 was 83 million, 

or about 16.6 million vehicles annually. 

Light trucks are expected to make up 41 

percent of the MY 2011 baseline market 

forecast in the current baseline, 

compared to 42 percent of the baseline 

market forecast in the MY 2011 final 

rule. These changes in both the overall 

size of the light vehicle market and the 

relative market shares of passenger cars 

and light trucks reflect changes in the 

economic forecast underlying AEO, and 

changes in AEO’s forecast of future fuel 

prices. 

The figures below attempt to 

demonstrate graphically the difference 

between the variation of fuel economy 

with footprint for passenger cars under 

the current baseline and MY 2011 final 

rule, and for light trucks under the 

current baseline and MY 2011 final rule, 

respectively. Figures IV.C.1–1 and 1–2 

show the variation of fuel economy with 

footprint for passenger car models in the 

current baseline and in the MY 2011 

final rule, while Figures IV.C.1–3 and 1– 

4 show the variation of fuel economy 

with footprint for light truck models in 

the current baseline and in the MY 2011 

final rule. However, it is difficult to 

draw meaningful conclusions by 

comparing figures from the current 

baseline with those of the MY 2011 final 

rule. In the current baseline the number 

of make/models, and their associated 

fuel economy and footprint, are fixed 

and do not vary over time—this is why 

the number of data points in the current 

baseline figures appears smaller as 

compared to the number of data points 

in the MY 2011 final rule baseline. In 

contrast, the baseline fleet used in the 

MY 2011 final rule varies over time as 

vehicles (with different fuel economy 

and footprint characteristics) are added 

to and dropped from the product mix. 

BILLING CODE 6560–50–P 


mstockstill on DSKB9S0YB1PROD with RULES2ER07MY10.023</GPH>
Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 25561 


mstockstill on DSKB9S0YB1PROD with RULES2ER07MY10.024</GPH>
25562 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 


mstockstill on DSKB9S0YB1PROD with RULES2ER07MY10.025</GPH>
Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 25563 

567As explained below, although NHTSA 

normalized each manufacturer’s overall market 

share to produce a realistically-sized fleet, the 

product mix for each manufacturer that submitted 

product plans was preserved. The agency has 

reviewed manufacturers’ product plans in detail, 

and understands that manufacturers do not sell the 

same mix of vehicles in every model year. 

BILLING CODE 6560–50–C 

Estimated manufacturer market 

shares: 

NHTSA’s expectations regarding 

manufacturers’ market shares (the basis 

for which is discussed below) have also 

changed since the MY 2011 final rule, 

given that the agency is relying on 

different sources of material for these 

assumptions as discussed in Section II.B 

above and Chapter 1 of the Joint TSD. 

These changes are reflected below in 

Table IV.C.1–1, which shows the 

agency’s sales forecasts for passenger 

cars and light trucks under the current 

baseline and the MY 2011 final rule.567

TABLE IV.C.1–1—SALES FORECASTS

[Production for U.S. sale in MY 2011, thousand units] 

Manufacturer 

Current baseline MY 2011 Final rule 

Passenger Nonpassenger Passenger Nonpassenger 

Chrysler ............................................................................................................ 326 737 707 1,216 

Ford .................................................................................................................. 1,344 792 1,615 1,144 

General Motors ................................................................................................ 1,249 1,347 1,700 1,844 

Honda .............................................................................................................. 851 585 1,250 470 

Hyundai ............................................................................................................ 382 46 655 221 

Kia .................................................................................................................... 306 88 ........................ ........................

Nissan .............................................................................................................. 612 331 789 479 

Toyota .............................................................................................................. 1,356 888 1,405 1,094 

Other Asian ...................................................................................................... 664 246 441 191 

European ......................................................................................................... 833 396 724 190 

Total .......................................................................................................... 7,923 5,458 9,286 6,849 


mstockstill on DSKB9S0YB1PROD with RULES2ER07MY10.026</GPH>
25564 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 

568See 49 U.S.C. 32905 and 32906. 

569 49 U.S.C. 32902(h). 

570Again, Kia is not listed in the table for the MY 

2011 final rule because it was considered as part of 

Hyundai for purposes of that analysis (i.e., 

Hyundai-Kia). 

571Mazda is not listed in the table for the MY 

2011 final rule because it was considered as part of 

Ford for purposes of that analysis. 

572EPA did not include Ferrari in the current 

baseline based on the conclusion that including 

them would not impact the results, and therefore 

Ferrari is not listed in the table for the current 

baseline. 

573EPA did not include Maserati in the current 

baseline based on the conclusion that including 

them would not impact the results, and therefore 

Maserati is not listed in the table for the current 

baseline. 

Dual-fueled vehicles: 

Manufacturers have also, during and 

since MY 2008, indicated to the agency 

that they intend to sell more dual-fueled 

or flexible-fuel vehicles (FFVs) in MY 

2011 than indicated in the current 

baseline of adjusted MY 2008 

compliance data. FFVs create a potential 

market for alternatives to petroleumbased gasoline and diesel fuel. For 

purposes of determining compliance 

with CAFE standards, the fuel economy 

of a FFV is, subject to limitations, 

adjusted upward to account for this 

potential.568 However, NHTSA is 

precluded from ‘‘taking credit’’ for the 

compliance flexibility by accounting for 

manufacturers’ ability to earn and use 

credits in setting the level of the 

standards.’’ 569 Some manufacturers plan 

to produce a considerably greater share 

of FFVs than can earn full credit under 

EPCA. The projected average FFV share 

of the market in MY 2011 is 7 percent 

for the current baseline, versus 17 

percent for the MY 2011 final rule. 

NHTSA notes that in MY 2008 (the 

model year providing the vehicle 

models upon which today’s market 

forecast is based), the three U.S.-based 

OEMs produced most of the FFVs 

offered for sale in the U.S., yet these 

OEMs account are projected to account 

for a smaller share of the future market 

in the forecast the agency has used to 

develop and analyze today’s rule than in 

the forecast the agency used to develop 

and analyze the MY 2011 standards. 

Estimated achieved fuel economy 

levels: 

Because manufacturers’ product plans 

also reflect simultaneous changes in 

fleet mix and other vehicle 

characteristics, the relationship between 

increased technology utilization and 

increased fuel economy cannot be 

isolated with any certainty. To do so 

would require an apples-to-apples 

‘‘counterfactual’’ fleet of vehicles that 

are, except for technology and fuel 

economy, identical—for example, in 

terms of fleet mix and vehicle 

performance and utility. The current 

baseline market forecast shows 

industry-wide average fuel economy 

levels somewhat lower in MY 2011 than 

shown in the MY 2011 final rule and the 

MYs 2012–2016 NPRM. Under the 

current baseline, average fuel economy 

for MY 2011 is 26.4 mpg, versus 26.5 

mpg under the baseline in the MY 2011 

final rule, and 26.7 mpg under the 

baseline in the MYs 2012–2016 NPRM. 

The 0.3 mpg change relative to the MYs 

2012–2016 baseline is the result of 

changes in manufacturer and market 

segment shares of the MY 2011 market. 

These differences are shown in greater 

detail below in Table IV.C.1–2, which 

shows manufacturer-specific CAFE 

levels (not counting FFV credits that 

some manufacturers expect to earn) 

from the current baseline versus the MY 

2011 final rule baseline (from 

manufacturers’ 2008 product plans) for 

passenger cars and light trucks. Table 

IV.C.1–3 shows the combined averages 

of these planned CAFE levels in the 

respective baseline fleets. These tables 

demonstrate that, while the difference at 

the industry level is not so large, there 

are significant differences in CAFE at 

the manufacturer level between the 

current baseline and the MY 2011 final 

rule baseline. For example, while 

Volkswagen is essentially the same 

under both, Toyota and Nissan show 

increased combined CAFE levels under 

the current baseline (by 1.9 and 0.7 mpg 

respectively), while Chrysler, Ford, and 

GM show decreased combined CAFE 

levels under the current baseline (by 

1.4, 1.1, and 0.8 mpg, respectively) 

relative to the MY 2011 final rule 

baseline. 

TABLE IV.C.1–2—CURRENT BASELINE PLANNED CAFE LEVELS IN MY 2011 VERSUS MY 2011 FINAL RULE PLANNED

CAFE LEVELS

[Passenger and nonpassenger] 

Manufacturer 

Current baseline CAFE 

levels 

MY 2011 planned CAFE 

levels 

Passenger Nonpassenger Passenger Nonpassenger 

BMW ................................................................................................................................ 27.2 23.0 27.0 23.0 

Chrysler ............................................................................................................................ 27.8 21.8 28.2 23.1 

Ford .................................................................................................................................. 28.0 21.0 29.3 22.5 

Subaru ............................................................................................................................. 29.2 26.1 28.6 28.6 

General Motors ................................................................................................................ 28.2 21.2 30.3 21.4 

Honda .............................................................................................................................. 33.5 25.0 32.3 25.2 

Hyundai ............................................................................................................................ 32.5 24.3 31.7 26.0 

Tata .................................................................................................................................. 24.6 19.6 24.7 23.9 

Kia 570 ............................................................................................................................... 31.7 23.7 

Mazda 571 ......................................................................................................................... 30.6 26.0 

Daimler ............................................................................................................................. 26.4 21.0 25.2 20.6 

Mitsubishi ......................................................................................................................... 29.4 23.6 29.3 26.7 

Nissan .............................................................................................................................. 31.7 21.7 31.3 21.4 

Porsche ............................................................................................................................ 26.2 20.0 27.2 20.0 

Ferrari 572 ......................................................................................................................... 16.2 

Maserati 573 ...................................................................................................................... 18.2 

Suzuki .............................................................................................................................. 30.9 23.3 28.7 24.0 

Toyota .............................................................................................................................. 35.1 23.7 33.2 22.7 

Volkswagen ...................................................................................................................... 29.1 20.2 28.5 20.1 

Total/Average ........................................................................................................... 30.3 22.2 30.4 22.6 

mstockstill on DSKB9S0YB1PROD with RULES2

Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 25565 

TABLE IV.C.1–3—CURRENT BASELINE

PLANNED CAFE LEVELS IN MY 

2011 VERSUS MY 2011 FINAL RULE

PLANNED CAFE LEVELS (COMBINED) 

Manufacturer Current 

baseline 

MY 2011 

Final Rule 

baseline 

BMW ................. 25.0 26.0 

Chrysler ............ 23.3 24.7 

Ford .................. 24.9 26.0 

Subaru .............. 27.9 28.6 

General Motors 24.1 24.9 

Honda ............... 29.5 30.0 

Hyundai ............. 31.3 30.0 

Tata ................... 21.4 24.4 

Kia ..................... 29.5 

Mazda ............... 29.8 

Daimler ............. 24.4 23.6 

Mitsubishi .......... 27.4 29.1 

Nissan ............... 27.3 26.6 

TABLE IV.C.1–3—CURRENT BASELINE

PLANNED CAFE LEVELS IN MY 

2011 VERSUS MY 2011 FINAL RULE

PLANNED CAFE LEVELS (COMBINED)—Continued 

Manufacturer Current 

baseline 

MY 2011 

Final Rule 

baseline 

Porsche ............. 23.7 22.0 

Ferrari ............... 16.2 

Maserati ............ 18.2 

Suzuki ............... 29.7 27.8 

Toyota ............... 29.5 27.6 

Volkswagen ...... 27.0 27.1 

Total/Average ......... 26.4 26.5 

Tables IV.C.1–4 through 1–6 

summarize other differences between 

the current baseline and manufacturers’ 

product plans submitted to NHTSA in 

2008 for the MY 2011 final rule. These 

tables present average vehicle footprint, 

curb weight, and power-to-weight ratios 

for each manufacturer represented in 

the current baseline and of the seven 

largest manufacturers represented in the 

product plan data used in that 

rulemaking, and for the overall industry. 

The tables containing product plan data 

do not identify manufacturers by name, 

and do not present them in the same 

sequence. 

Tables IV.C.1–4a and 1–4b show that 

the current baseline reflects a slight 

decrease in overall average passenger 

vehicle size relative to the 

manufacturers’ plans. This is a 

reflection of the market segment shifts 

underlying the sales forecasts of the 

current baseline. 

TABLE IV.C.1–4a—CURRENT BASELINE AVERAGE MY 2011 VEHICLE FOOTPRINT

[Square feet] 

Manufacturer PC LT Avg. 

BMW ........................................................................................................................................................ 45.4 49.9 47.5 

Chrysler .................................................................................................................................................... 46.8 52.8 50.9 

Daimler ..................................................................................................................................................... 47.1 53.3 49.0 

Ford .......................................................................................................................................................... 46.3 56.1 49.9 

General Motors ........................................................................................................................................ 46.4 58.2 52.5 

Honda ...................................................................................................................................................... 44.3 49.1 46.3 

Hyundai .................................................................................................................................................... 44.4 48.7 44.8 

Kia ............................................................................................................................................................ 45.2 51.0 46.5 

Mazda ...................................................................................................................................................... 44.4 47.3 44.9 

Mitsubishi ................................................................................................................................................. 43.8 46.5 44.6 

Nissan ...................................................................................................................................................... 45.3 53.9 48.3 

Porsche .................................................................................................................................................... 38.6 51.0 42.8 

Subaru ..................................................................................................................................................... 43.1 46.2 44.3 

Suzuki ...................................................................................................................................................... 40.8 47.2 41.6 

Tata .......................................................................................................................................................... 50.3 47.8 48.8 

Toyota ...................................................................................................................................................... 44.0 53.0 47.6 

Volkswagen .............................................................................................................................................. 43.5 52.6 45.1 

Industry Average .............................................................................................................................. 45.2 53.5 48.6 

TABLE IV.C.1–4b—MY 2011 FINAL RULE AVERAGE PLANNED MY 2011 VEHICLE FOOTPRINT

[Square feet] 

PC LT Avg. 

Manufacturer 1 ......................................................................................................................................... 46.7 58.5 52.8 

Manufacturer 2 ......................................................................................................................................... 46.0 50.4 47.1 

Manufacturer 3 ......................................................................................................................................... 44.9 52.8 48.4 

Manufacturer 4 ......................................................................................................................................... 45.4 55.8 49.3 

Manufacturer 5 ......................................................................................................................................... 45.2 57.5 50.3 

Manufacturer 6 ......................................................................................................................................... 48.5 54.7 52.4 

Manufacturer 7 ......................................................................................................................................... 45.1 49.9 46.4 

Industry Average .............................................................................................................................. 45.6 55.1 49.7 

Tables IV.C.1–5a and 1–5b show that 

the current baseline reflects a decrease 

in overall average vehicle weight 

relative to the manufacturers’ plans. As 

above, this is most likely a reflection of 

the market segment shifts underlying 

the sales forecasts of the current 

baseline. 

mstockstill on DSKB9S0YB1PROD with RULES2

25566 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 

TABLE IV.C.1–5a—CURRENT BASELINE AVERAGE MY 2011 VEHICLE CURB WEIGHT

[Pounds] 

Manufacturer PC LT Avg. 

BMW ........................................................................................................................................................ 3,535 4,648 4,055 

Chrysler .................................................................................................................................................... 3,572 4,469 4,194 

Daimler ..................................................................................................................................................... 3,583 5,127 4,063 

Ford .......................................................................................................................................................... 3,526 4,472 3,877 

General Motors ........................................................................................................................................ 3,528 4,978 4,281 

Honda ...................................................................................................................................................... 3,040 4,054 3,453 

Hyundai .................................................................................................................................................... 3,014 4,078 3,129 

Kia ............................................................................................................................................................ 3,035 4,007 3,252 

Mazda ...................................................................................................................................................... 3,258 3,803 3,348 

Mitsubishi ................................................................................................................................................. 3,298 3,860 3,468 

Nissan ...................................................................................................................................................... 3,251 4,499 3,689 

Porsche .................................................................................................................................................... 3,159 4,906 3,760 

Subaru ..................................................................................................................................................... 3,176 3,470 3,391 

Suzuki ...................................................................................................................................................... 2,842 3,843 2,965 

Tata .......................................................................................................................................................... 3,906 5,171 4,627 

Toyota ...................................................................................................................................................... 3,109 4,321 3,589 

Volkswagen .............................................................................................................................................. 3,445 5,672 3,839 

Industry Average .............................................................................................................................. 3,313 4,499 3,797 

TABLE IV.C.1–5b—MY 2011 FINAL RULE AVERAGE PLANNED MY 2011 VEHICLE CURB WEIGHT

[Pounds] 

PC LT Avg. 

Manufacturer 1 ......................................................................................................................................... 3,197 4,329 3,692 

Manufacturer 2 ......................................................................................................................................... 3,691 4,754 4,363 

Manufacturer 3 ......................................................................................................................................... 3,293 4,038 3,481 

Manufacturer 4 ......................................................................................................................................... 3,254 4,191 3,510 

Manufacturer 5 ......................................................................................................................................... 3,547 5,188 4,401 

Manufacturer 6 ......................................................................................................................................... 3,314 4,641 3,815 

Manufacturer 7 ......................................................................................................................................... 3,345 4,599 3,865 

Industry Average .............................................................................................................................. 3,380 4,687 3,935 

Tables IV.C.1–6a and IV.C.1–6b show 

that the current baseline reflects a 

decrease in average performance relative 

to that of the manufacturers’ product 

plans. This decreased performance is 

most likely a reflection of the market 

segment shifts underlying the sales 

forecasts of the current baseline, that is, 

an assumed shift away from higher 

performance vehicles. 

TABLE IV.C.1–6a—CURRENT BASELINE AVERAGE MY 2011 VEHICLE POWER-TO-WEIGHT RATIO

[hp/lb] 

Manufacturer PC LT Avg. 

BMW ........................................................................................................................................................ 0.072 0.061 0.067 

Chrysler .................................................................................................................................................... 0.055 0.052 0.053 

Daimler ..................................................................................................................................................... 0.068 0.056 0.064 

Ford .......................................................................................................................................................... 0.058 0.054 0.056 

General Motors ........................................................................................................................................ 0.057 0.056 0.056 

Honda ...................................................................................................................................................... 0.056 0.054 0.056 

Hyundai .................................................................................................................................................... 0.052 0.055 0.052 

Kia ............................................................................................................................................................ 0.050 0.056 0.051 

Mazda ...................................................................................................................................................... 0.052 0.055 0.052 

Mitsubishi ................................................................................................................................................. 0.053 0.056 0.054 

Nissan ...................................................................................................................................................... 0.059 0.057 0.058 

Porsche .................................................................................................................................................... 0.105 0.073 0.094 

Subaru ..................................................................................................................................................... 0.060 0.056 0.058 

Suzuki ...................................................................................................................................................... 0.049 0.062 0.051 

Tata .......................................................................................................................................................... 0.077 0.057 0.065 

Toyota ...................................................................................................................................................... 0.053 0.062 0.056 

Volkswagen .............................................................................................................................................. 0.057 0.052 0.056 

Industry Average .............................................................................................................................. 0.057 0.056 0.056 

mstockstill on DSKB9S0YB1PROD with RULES2

Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 25567 

TABLE IV.C.1–6b—MY 2011 FINAL RULE AVERAGE PLANNED MY 2011 VEHICLE POWER-TO-WEIGHT RATIO

[hp/lb] 

PC LT Avg. 

Manufacturer 1 ......................................................................................................................................... 0.065 0.058 0.060 

Manufacturer 2 ......................................................................................................................................... 0.061 0.065 0.062 

Manufacturer 3 ......................................................................................................................................... 0.053 0.059 0.056 

Manufacturer 4 ......................................................................................................................................... 0.060 0.058 0.059 

Manufacturer 5 ......................................................................................................................................... 0.060 0.057 0.059 

Manufacturer 6 ......................................................................................................................................... 0.063 0.065 0.065 

Manufacturer 7 ......................................................................................................................................... 0.053 0.055 0.053 

Industry Average .............................................................................................................................. 0.060 0.059 0.060 

As discussed above, the agencies’ 

market forecast for MY 2012–2016 holds 

the performance and other 

characteristics of individual vehicle 

models constant, adjusting the size and 

composition of the fleet from one model 

year to the next. 

Refresh and redesign schedules (for 

application in NHTSA’s modeling): 

Expected model years in which each 

vehicle model will be redesigned or 

freshened constitute another important 

aspect of NHTSA’s market forecast. As 

discussed in Section IV.C.2.c below, 

NHTSA’s analysis supporting the 

current rulemaking times the addition of 

nearly all technologies to coincide with 

either a vehicle redesign or a vehicle 

freshening. Product plans submitted to 

NHTSA preceding the MY 2011 final 

rule contained manufacturers’ estimates 

of vehicle redesign and freshening 

schedules and NHTSA’s estimates of the 

timing of the five-year redesign cycle 

and the two- to three-year refresh cycle 

were made with reference to those 

plans. In the current baseline, in 

contrast, estimates of the timing of the 

refresh and redesign cycles were based 

on historical dates—i.e., counting 

forward from known redesigns 

occurring in or prior to MY 2008 for 

each vehicle in the fleet and assigning 

refresh and redesign years accordingly. 

After applying these estimates, the 

shares of manufacturers’ passenger car 

and light truck estimated to be 

redesigned in MY 2011 were as 

summarized below for the current 

baseline and the MY 2011 final rule. 

Table IV.C.1–7 below shows the 

percentages of each manufacturer’s 

fleets expected to be redesigned in MY 

2011 for the current baseline. Table 

IV.C.1–8 presents corresponding 

estimates from the market forecast used 

by NHTSA in the analysis supporting 

the MY 2011 final rule (again, to protect 

confidential information, manufacturers 

are not identified by name). 

TABLE IV.C.1–7—CURRENT BASELINE, SHARE OF FLEET REDESIGNED IN MY 2011 

Manufacturer PC 

(percent) 

LT 

(percent) 

Avg. 

(percent) 

BMW ........................................................................................................................................................ 32 37 34 

Chrysler .................................................................................................................................................... 0 13 9 

Daimler ..................................................................................................................................................... 0 0 0 

Ford .......................................................................................................................................................... 12 8 11 

General Motors ........................................................................................................................................ 17 3 9 

Honda ...................................................................................................................................................... 29 26 28 

Hyundai .................................................................................................................................................... 26 0 23 

Kia ............................................................................................................................................................ 38 83 48 

Mazda ...................................................................................................................................................... 0 0 0 

Mitsubishi ................................................................................................................................................. 0 59 18 

Nissan ...................................................................................................................................................... 5 25 12 

Porsche .................................................................................................................................................... 0 100 34 

Subaru ..................................................................................................................................................... 0 42 16 

Suzuki ...................................................................................................................................................... 4 21 6 

Tata .......................................................................................................................................................... 28 100 69 

Toyota ...................................................................................................................................................... 5 15 9 

Volkswagen .............................................................................................................................................. 16 0 13 

Industry Average .............................................................................................................................. 13 15 14 

mstockstill on DSKB9S0YB1PROD with RULES2

25568 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 

574The abbreviations are used in this section both 

for brevity and for the reader’s reference if they 

wish to refer to the expanded decision trees and the 

model input and output sheets, which are available 

in Docket No. NHTSA–2009–0059–0156 and on 

NHTSA’s Web site. 575A date of 2011 means the technology can be 

applied in all model years, while a date of 2014 

means the technology can only be applied in model 

years 2014 through 2016. 

TABLE IV.C.1–8—MY 2011 FINAL RULE, SHARE OF FLEET REDESIGNED IN MY 2011 

PC 

(percent) 

LT 

(percent) 

Avg. 

(percent) 

Manufacturer 1 ......................................................................................................................................... 19 0 11 

Manufacturer 2 ......................................................................................................................................... 34 27 29 

Manufacturer 3 ......................................................................................................................................... 5 0 3 

Manufacturer 4 ......................................................................................................................................... 7 0 5 

Manufacturer 5 ......................................................................................................................................... 19 0 11 

Manufacturer 6 ......................................................................................................................................... 34 28 33 

Manufacturer 7 ......................................................................................................................................... 27 28 28 

Overall .............................................................................................................................................. 20 9 15 

We continue, therefore, to estimate 

that manufacturers’ redesigns will not 

be uniformly distributed across model 

years. This is in keeping with standard 

industry practices, and reflects what 

manufacturers actually do—NHTSA has 

observed that manufacturers in fact do 

redesign more vehicles in some years 

than in others. NHTSA staff have 

closely examined manufacturers’ 

planned redesign schedules, contacting 

some manufacturers for clarification of 

some plans, and confirmed that these 

plans remain unevenly distributed over 

time. For example, although Table 

IV.C.1–8 shows that NHTSA expects 

Company 2 to redesign 34 percent of its 

passenger car models in MY 2011, 

current information indicates that this 

company will then redesign only (a 

different) 10 percent of its passenger 

cars in MY 2012. Similarly, although 

Table IV.C.1–8 shows that NHTSA 

expects four of the largest seven light 

truck manufacturers to redesign 

virtually no light truck models in MY 

2011, current information also indicates 

that these four manufacturers will 

redesign 21–49 percent of their light 

trucks in MY 2012. 

e. How does manufacturer product plan 

data factor into the baseline used in this 

rule? 

As discussed in Section II.B.5 above, 

while the agencies received updated 

product plans in Spring and Fall 2009 

in response to NHTSA’s requests, the 

baseline data used in this final rule is 

not informed by these product plans, 

except with respect to specific 

engineering characteristics (e.g., GVWR) 

of some MY 2008 vehicle models, 

because these product plans contain 

confidential business information that 

the agencies are legally required to 

protect from disclosure, and because the 

agencies have concluded that, for 

purposes of this final rule, a transparent 

baseline is preferable. 

For the NPRM, NHTSA conducted a 

separate analysis that did make use of 

these product plans. NHTSA performed 

this separate analysis for purposes of 

comparison only. For today’s final rule 

NHTSA used the publicly available 

baseline for all analysis related to the 

development and evaluation of the new 

CAFE standards. As discussed above in 

Section II.B.4, while a baseline 

developed using publicly and 

commercially available sources has both 

advantages and disadvantages relative to 

a baseline developed using 

manufacturers’ product plans, NHTSA 

has concluded for today’s rule that the 

advantages outweigh the disadvantages. 

NHTSA plans to consider these 

advantages and disadvantages further in 

connection with future rulemakings, 

taking into account changes in the 

market, changes in the scope and 

quality of publicly and commercially 

available data, and any changes in 

manufacturers’ willingness to make 

some product planning information 

publicly available. 

2. How were the technology inputs 

developed? 

As discussed above in Section II.E, for 

developing the technology inputs for the 

MY 2012–2016 CAFE and GHG 

standards, the agencies primarily began 

with the technology inputs used in the 

MY 2011 CAFE final rule and in the July 

2008 EPA ANPRM, and then reviewed, 

as requested by President Obama in his 

January 26 memorandum, the 

technology assumptions that NHTSA 

used in setting the MY 2011 standards 

and the comments that NHTSA received 

in response to its May 2008 Notice of 

Proposed Rulemaking, as well as the 

comments received to the NPRM for this 

rule. In addition, the agencies 

supplemented their review with 

updated information from the FEV teardown studies contracted by EPA, more 

current literature, new product plans 

and from EPA certification testing. More 

detail is available regarding how the 

agencies developed the technology 

inputs for this final rule above in 

Section II.E, in Chapter 3 of the Joint 

TSD, and in Section V of NHTSA’s 

FRIA. 

a. What technologies does NHTSA 

consider? 

Section II.E.1 above describes the 

fuel-saving technologies considered by 

the agencies that manufacturers could 

use to improve the fuel economy of their 

vehicles during MYs 2012–2016. The 

majority of the technologies described 

in this section are readily available, well 

known, and could be incorporated into 

vehicles once production decisions are 

made. As discussed, the technologies 

considered fall into five broad 

categories: engine technologies, 

transmission technologies, vehicle 

technologies, electrification/accessory 

technologies, and hybrid technologies. 

Table IV.C.2–1 below lists all the 

technologies considered and provides 

the abbreviations used for them in the 

Volpe model,574 as well as their year of 

availability, which for purposes of 

NHTSA’s analysis means the first model 

year in the rulemaking period that the 

Volpe model is allowed to apply a 

technology to a manufacturer’s fleet.575

Year of availability recognizes that 

technologies must achieve a level of 

technical viability before they can be 

implemented in the Volpe model, and 

are thus a means of constraining 

technology use until such time as it is 

considered to be technologically 

feasible. For a more detailed description 

of each technology and their costs and 

effectiveness, we refer the reader to 

Chapter 3 of the Joint TSD and Section 

V of NHTSA’s FRIA. 

mstockstill on DSKB9S0YB1PROD with RULES2

Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 25569 

576 74 FR at 49655–56 (Sept. 28, 2009). 

577EPA Staff Technical Report: Cost and 

Effectiveness Estimates of Technologies Used to 

Reduce Light-Duty Vehicle Carbon Dioxide 

Emissions. EPA420–R–08–008, March 2008. 

Available at Docket No. NHTSA–2009–0059–0027. 

TABLE IV.C.2–1—LIST OF TECHNOLOGIES IN NHTSA’S ANALYSIS

Technology Model abbreviation Year available 

Low Friction Lubricants ................................................................................................ LUB ........................................................... 2011 

Engine Friction Reduction ............................................................................................ EFR ........................................................... 2011 

VVT—Coupled Cam Phasing (CCP) on SOHC ........................................................... CCPS ........................................................ 2011 

Discrete Variable Valve Lift (DVVL) on SOHC ............................................................ DVVLS ...................................................... 2011 

Cylinder Deactivation on SOHC ................................................................................... DEACS ...................................................... 2011 

VVT—Intake Cam Phasing (ICP) ................................................................................. ICP ............................................................ 2011 

VVT—Dual Cam Phasing (DCP) ................................................................................. DCP .......................................................... 2011 

Discrete Variable Valve Lift (DVVL) on DOHC ............................................................ DVVLD ...................................................... 2011 

Continuously Variable Valve Lift (CVVL) ..................................................................... CVVL ......................................................... 2011 

Cylinder Deactivation on DOHC .................................................................................. DEACD ..................................................... 2011 

Cylinder Deactivation on OHV ..................................................................................... DEACO ..................................................... 2011 

VVT—Coupled Cam Phasing (CCP) on OHV ............................................................. CCPO ........................................................ 2011 

Discrete Variable Valve Lift (DVVL) on OHV ............................................................... DVVLO ...................................................... 2011 

Conversion to DOHC with DCP ................................................................................... CDOHC ..................................................... 2011 

Stoichiometric Gasoline Direct Injection (GDI) ............................................................ SGDI ......................................................... 2011 

Combustion Restart ...................................................................................................... CBRST ...................................................... 2014 

Turbocharging and Downsizing .................................................................................... TRBDS ...................................................... 2011 

Exhaust Gas Recirculation (EGR) Boost ..................................................................... EGRB ........................................................ 2013 

Conversion to Diesel following CBRST ....................................................................... DSLC ........................................................ 2011 

Conversion to Diesel following TRBDS ....................................................................... DSLT ......................................................... 2011 

6-Speed Manual/Improved Internals ............................................................................ 6MAN ........................................................ 2011 

Improved Auto. Trans. Controls/Externals ................................................................... IATC .......................................................... 2011 

Continuously Variable Transmission ............................................................................ CVT ........................................................... 2011 

6/7/8-Speed Auto. Trans with Improved Internals ....................................................... NAUTO ..................................................... 2011 

Dual Clutch or Automated Manual Transmission ........................................................ DCTAM ..................................................... 2011 

Electric Power Steering ................................................................................................ EPS ........................................................... 2011 

Improved Accessories .................................................................................................. IACC ......................................................... 2011 

12V Micro-Hybrid .......................................................................................................... MHEV ........................................................ 2011 

Belt Integrated Starter Generator ................................................................................. BISG ......................................................... 2011 

Crank Integrated Starter Generator ............................................................................. CISG ......................................................... 2011 

Power Split Hybrid ........................................................................................................ PSHEV ...................................................... 2011 

2-Mode Hybrid .............................................................................................................. 2MHEV ...................................................... 2011 

Plug-in Hybrid ............................................................................................................... PHEV ........................................................ 2011 

Mass Reduction 1 (1.5%) ............................................................................................. MS1 ........................................................... 2011 

Mass Reduction 2 (3.5%–8.5%) .................................................................................. MS2 ........................................................... 2014 

Low Rolling Resistance Tires ....................................................................................... ROLL ......................................................... 2011 

Low Drag Brakes .......................................................................................................... LDB ........................................................... 2011 

Secondary Axle Disconnect 4WD ................................................................................ SAX ........................................................... 2011 

Aero Drag Reduction .................................................................................................... AERO ........................................................ 2011 

For purposes of this final rule and as 

discussed in greater detail in the Joint 

TSD, NHTSA and EPA carefully 

reviewed the list of technologies used in 

the agency’s analysis for the MY 2011 

final rule. NHTSA and EPA concluded 

that the considerable majority of 

technologies were correctly defined and 

continued to be appropriate for use in 

the analysis supporting the final 

standards. However, some refinements 

were made as discussed in the 

NPRM.576 Additionally, the following 

refinements were made for purposes of 

the final rule. 

Specific to its modeling, NHTSA has 

revised two technologies used in the 

final rule analysis from those 

considered in the NPRM. These 

revisions were based on comments 

received in response to the NPRM and 

the identification of area to improve 

accuracy. In the NPRM, a diesel engine 

option (DSLT or DSLC) was not 

available for small vehicles because it 

did not appear to be a cost-effective 

option. However, based on comments 

received in response to the NPRM, the 

agency added a diesel engine option for 

small vehicles. Additionally, in the 

NPRM, the mass reduction/material 

substitution technology, MS1, assumed 

engine downsizing. However, for 

purposes of the final rule, engine 

downsizing is no longer assumed for 

MS1, thus slightly lowering the 

effectiveness estimate to better reflect 

how manufacturers might implement 

small amounts of mass reduction/ 

material substitution. Chapter 3 of the 

Joint TSD and Section V of NHTSA’s 

FRIA provide a more detailed 

explanation of these revisions. 

b. How did NHTSA determine the costs 

and effectiveness of each of these 

technologies for use in its modeling 

analysis? 

Building on NHTSA’s estimates 

developed for the MY 2011 CAFE final 

rule and EPA’s Advanced Notice of 

Proposed Rulemaking, which relied on 

EPA’s 2008 Staff Technical Report,577

the agencies took a fresh look at 

technology cost and effectiveness values 

and incorporated additional FEV teardown study results for purposes of this 

final rule. This joint work is reflected in 

Chapter 3 of the Joint TSD and in 

Section II of this preamble, as 

summarized below. For more detailed 

information on the effectiveness and 

cost of fuel-saving technologies, please 

refer to Chapter 3 of the Joint TSD and 

Section V of NHTSA’s FRIA. NHTSA 

and EPA are confident that the thorough 

review conducted for purposes of this 

final rule led to the best available 

conclusions regarding technology costs 

and effectiveness estimates for the 

current rulemaking and resulted in 

excellent consistency between the 

agencies’ respective analyses for 

mstockstill on DSKB9S0YB1PROD with RULES2

25570 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 

578 ‘‘Dry clutch’’ DCTAMs and ‘‘wet clutch’’ 

DCTAMs have different characteristics and different 

uses. A dry clutch DCTAM is more efficient and 

less expensive than a wet clutch DCTAM, which 

requires a wet-clutch-type hydraulic system to cool 

the clutches. However, without a cooling system, a 

dry clutch DCTAM has a lower torque capacity. Dry 

clutch DCTAMs are thus ideal for smaller vehicles 

with lower torque ratings, like those in the 

Subcompact and Compact classes, while wet clutch 

DCTAMs would be more appropriate for, e.g., larger 

trucks. Thus, it is appropriate to distinguish 

accordingly in DCTAM effectiveness between 

subclasses. 

developing the CAFE and CO2

standards. 

Generally speaking, while NHTSA 

and EPA found that much of the cost 

information used in NHTSA’s MY 2011 

final rule and EPA’s 2008 Staff Report 

was consistent to a great extent, the 

agencies, in reconsidering information 

from many sources revised several 

component costs of several major 

technologies for purposes of the NRPM: 

mild and strong hybrids, diesels, SGDI, 

and Valve Train Lift Technologies. In 

addition, based on FEV tear-down 

studies, the costs for turbocharging/ 

downsizing, 6-, 7-, 8-speed automatic 

transmissions, and dual clutch 

transmissions were revised for this final 

rule. These revisions are discussed at 

length in the Joint TSD and in NHTSA’s 

FRIA. 

Most effectiveness estimates used in 

both the MY 2011 final rule and the 

2008 EPA Staff Report were determined 

to be accurate and were carried forward 

without significant change into this 

rulemaking. When NHTSA and EPA’s 

estimates for effectiveness diverged 

slightly due to differences in how the 

agencies apply technologies to vehicles 

in their respective models, we report the 

ranges for the effectiveness values used 

in each model. For purposes of the final 

rule analysis, NHTSA made only a 

couple of changes to the effectiveness 

estimates. Specifically, in reviewing the 

NPRM effectiveness estimates for this 

final rule NHTSA discovered that the 

DCTAM effectiveness value for 

Subcompact and Compact subclasses 

was incorrect; the (lower) wet clutch 

effectiveness estimate had been used 

instead of the intended (higher) dry 

clutch estimate for these vehicle 

classes.578 Thus, NHTSA corrected 

these effectiveness estimates. 

Additionally, as discussed above, the 

effectiveness estimate for MS1 was 

revised (lowered) to better represent the 

impact of reducing mass at a refresh. For 

much more information on the costs and 

effectiveness of individual technologies, 

we refer the reader to Chapter 3 of the 

Joint TSD and Section V of NHTSA’s 

FRIA. 

As a general matter, NHTSA received 

relatively few comments related to 

technology cost and effectiveness 

estimates as compared to the number 

received on these issues in previous 

CAFE rulemakings. The California Air 

Resources Board (CARB) generally 

agreed with cost estimates used in the 

NPRM analysis. NHTSA also received 

comments from the Aluminum 

Association, General Motors, 

Honeywell, International Council on 

Clean Transportation (ICCT), 

Manufacturers of Emission Controls 

Association (MECA), Motor and 

Equipment Manufacturers Association 

(MEMA) and the New Jersey 

Department of Environmental Protection 

related to cost and effectiveness 

estimates for specific technologies, 

including but not limited to hybrids, 

diesels, turbocharging and downsizing, 

and mass reduction/material 

substitution. A detailed description of 

these comments and NHTSA’s 

responses can be found in Section V of 

NHTSA’s FRIA. 

NHTSA notes that, in developing 

technology cost and effectiveness 

estimates, the agencies have made every 

effort to hold constant aspects of vehicle 

performance and utility typically valued 

by consumers, such as horsepower, 

carrying capacity, and towing and 

hauling capacity. For example, NHTSA 

includes in its analysis technology cost 

and effectiveness estimates that are 

specific to performance passenger cars 

(i.e., sports cars), as compared to nonperformance passenger cars. NHTSA 

sought comment on the extent to which 

commenters believed that the agencies 

have been successful in holding 

constant these elements of vehicle 

performance and utility in developing 

the technology cost and effectiveness 

estimates, but received relatively little 

in response. NHTSA thus concludes 

that commenters had no significant 

issues with its approach for purposes of 

this rulemaking, but the agency will 

continue to analyze this issue going 

forward. 

Additionally, NHTSA notes that the 

technology costs included in this final 

rule take into account only those 

associated with the initial build of the 

vehicle. The agencies sought comment 

on the additional lifetime costs, if any, 

associated with the implementation of 

advanced technologies, including 

warranty, maintenance and replacement 

costs, such as the replacement costs for 

low rolling resistance tires, low friction 

lubricants, and hybrid batteries, and 

maintenance costs for diesel 

aftertreatment components, but received 

no responses. The agency will continue 

to examine this issue closely for 

subsequent rulemakings, particularly as 

manufacturers turn increasingly to even 

more advanced technologies in the 

future that may have more significant 

lifetime costs. 

The tables below provide examples of 

the incremental cost and effectiveness 

estimates employed by the agency in 

developing this final rule, according to 

the decision trees used in the Volpe 

modeling analysis. Thus, the 

effectiveness and cost estimates are not 

absolute to a single reference vehicle, 

but are incremental to the technology or 

technologies that precede it. 

TABLE IV.C.2–2—TECHNOLOGY EFFECTIVENESS ESTIMATES EMPLOYED IN THE VOLPE MODEL FOR CERTAIN

TECHNOLOGIES

Subcomp. car Compact car Midsize car Large car 

Perform. 

subcomp. car 

Perform. 

compact car 

Perform. 

midsize car 

Perform. 

large car 

Minivan 

LT Small LT Midsize LT Large LT 

VEHICLE TECHNOLOGY INCREMENTAL FUEL CONSUMPTION REDUCTION (Ø%) 

Low Friction Lubricants .......... 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 

VVT—Dual Cam 

Phasing (DCP) 2.0–3.0 2.0–3.0 2.0–3.0 2.0–3.0 2.0–3.0 2.0–3.0 2.0–3.0 2.0–3.0 2.0–3.0 2.0–3.0 2.0–3.0 2.0–3.0 

Discrete Variable 

Valve Lift 

(DVVL) on 

DOHC ............ 1.0–3.0 1.0–3.0 1.0–3.0 1.0–3.0 1.0–3.0 1.0–3.0 1.0–3.0 1.0–3.0 1.0–3.0 1.0–3.0 1.0–3.0 1.0–3.0 

Cylinder Deactivation on OHV n.a. n.a. n.a. 3.9–5.5 n.a. 3.9–5.5 3.9–5.5 3.9–5.5 3.9–5.5 n.a. 3.9–5.5 3.9–5.5 

mstockstill on DSKB9S0YB1PROD with RULES2

Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 25571 

TABLE IV.C.2–2—TECHNOLOGY EFFECTIVENESS ESTIMATES EMPLOYED IN THE VOLPE MODEL FOR CERTAIN

TECHNOLOGIES—Continued 

Subcomp. 

car 

Compact 

car 

Midsize 

car Large car 

Perform. 

subcomp. 

car 

Perform. 

compact 

car 

Perform. 

midsize 

car 

Perform. 

large car 

Minivan 

LT Small LT Midsize LT Large LT 

Stoichiometric 

Gasoline Direct Injection 

(GDI) .............. 2.0–3.0 2.0–3.0 2.0–3.0 2.0–3.0 2.0–3.0 2.0–3.0 2.0–3.0 2.0–3.0 2.0–3.0 2.0–3.0 2.0–3.0 2.0–3.0 

Turbocharging 

and 

Downsizing .... 4.2–4.8 4.2–4.8 4.2–4.8 1.8–1.9 4.2–4.8 1.8–1.9 1.8–1.9 1.8–1.9 1.8–1.9 4.2–4.8 1.8–1.9 1.8–1.9 

6/7/8–Speed 

Auto. Trans 

with Improved 

Internals ......... 1.4–3.4 1.4–3.4 1.4–3.4 1.4–3.4 1.4–3.4 1.4–3.4 1.4–3.4 1.4–3.4 1.4–3.4 1.4–3.4 1.4–3.4 1.4–3.4 

Electric Power 

Steering ......... 1.0–2.0 1.0–2.0 1.0–2.0 1.0–2.0 1.0–2.0 1.0–2.0 1.0–2.0 1.0–2.0 1.0–2.0 1.0–2.0 1.0–2.0 1.0–2.0 

12V Micro-Hybrid ................. 2.0–3.0 2.0–3.0 2.0–3.0 2.5–3.5 2.0–3.0 2.5–3.5 2.5–3.5 3.0–4.0 2.5–3.5 2.0–3.0 2.5–3.5 n.a. 

Crank mounted 

Integrated 

Starter Generator ................ 8.6–8.9 8.6–8.9 8.6–8.9 8.7–8.9 8.6–8.9 8.7–8.9 8.7–8.9 8.7–8.9 8.7–8.9 8.6–8.9 8.7–8.9 14.1–16.3 

Power Split Hybrid ................. 6.3–12.4 6.3–12.4 6.3–12.4 6.3–12.4 6.3–12.4 6.3–12.4 6.3–12.4 6.3–12.4 6.3–12.4 6.3–12.4 6.3–12.4 n.a. 

Aero Drag Reduction ........... 2.0–3.0 2.0–3.0 2.0–3.0 2.0–3.0 2.0–3.0 2.0–3.0 2.0–3.0 2.0–3.0 2.0–3.0 2.0–3.0 2.0–3.0 2.0–3.0 

TABLE IV.C.2–3—TECHNOLOGY COST ESTIMATES EMPLOYED IN THE VOLPE MODEL FOR CERTAIN TECHNOLOGIES

Subcomp. 

car 

Compact 

car 

Midsize 

car Large car 

Perform. 

subcomp. 

car 

Perform. 

compact 

car 

Perform. 

midsize 

car 

Perform. 

large car 

Minivan 

LT Small LT Midsize LT Large LT 

VEHICLE TECHNOLOGY ICM COSTS PER VEHICLE ($) 

Nominal baseline 

engine (for 

cost purpose) (*) (*) (*) V6 (*) V6 V6 V8 V6 (*) V6 V8 

Low Friction Lubricants .......... 3 3 3 3 3 3 3 3 3 3 3 3 

VVT—Dual Cam 

Phasing (DCP) 38 38 38 82 38 82 82 82 82 38 82 82 

Discrete Variable 

Valve Lift 

(DVVL) on 

DOHC ............ 142 142 142 206 142 206 206 294 206 142 206 294 

Cylinder Deactivation on OHV n.a. n.a. n.a. 168 n.a. 168 168 192 168 n.a. 168 192 

Stoichiometric 

Gasoline Direct Injection 

(GDI) .............. 236 236 236 342 236 342 342 392 342 236 342 392 

Turbocharging 

and 

Downsizing .... 445 445 445 325 445 325 325 919 325 445 325 919 

6/7/8-Speed 

Auto. Trans 

with Improved 

Internals ......... 112 112 112 112 112–214 112–214 112–214 112–214 112–214 112 112–214 112–214 

Electric Power 

Steering ......... 106 106 106 106 106 106 106 106 106 106 106 106 

12V Micro-Hybrid ................. 288 311 342 367 314 337 372 410 337 325 376 n.a. 

Crank mounted 

Integrated 

Starter Generator ................ 2,791 3,107 3,319 3,547 2,839 3,149 3,335 3,571 3,149 3,141 3,611 5,124 

Power Split Hybrid ................. 1,600 2,133 2,742 3,261 3,661 4,018 5,287 6,723 4,018 2,337 3,462 n.a. 

Aero Drag Reduction ........... 48 48 48 48 48 48 48 48 48 48 48 48 

* Inline 4. 

mstockstill on DSKB9S0YB1PROD with RULES2

25572 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 

579The market file for the MY 2011 final rule, 

which included data for MYs 2011–2015, had 5500 

vehicles, about 5 times what we are using in this 

analysis of the MY 2008 certification data. 

580Because CAFE standards apply to the average 

performance of each manufacturer’s fleet of cars 

and light trucks, the impact of potential standards 

on individual manufacturers cannot be credibly 

estimated without analysis of the fleets that 

manufacturers can be expected to produce in the 

future. Furthermore, because required CAFE levels 

under an attribute-based CAFE standard depend on 

manufacturers’ fleet composition, the stringency of 

an attribute-based standard cannot be predicted 

without performing analysis at this level of detail. 

581Note that for one of the teardown analysis cost 

studies of turbocharging and downsizing conducted 

by FEV, in which a 2.4L I4 DOHC naturally 

aspirated engine was replaced by a 1.6L I4 DOHC 

SGDI turbocharged engine, the particular 1.6L 

turbocharged engine chosen for the study was a 

premium octane fuel engine. For this rulemaking, 

NHTSA intends that a turbocharged and downsized 

engine achieve comparable performance to a 

baseline engine without requiring premium octane 

fuel. For the FEV study of the 1.6L turbocharged 

engine, this could be achieved through the 

specification of an engine with a displacement of 

slightly greater than 1.6L. NHTSA judges that a 

slightly larger engine would have small effect on 

the overall cost analysis used in this rulemaking. 

For all other teardown studies conducted by FEV, 

both the naturally aspirated engine and the 

replacement turbocharged and downsized engine 

were specified to use regular octane fuel. 

c. How does NHTSA use these 

assumptions in its modeling analysis? 

NHTSA relies on several inputs and 

data files to conduct the compliance 

analysis using the Volpe model, as 

discussed further below and in Section 

V of the FRIA. For the purposes of 

applying technologies, the Volpe model 

primarily uses two data files, one that 

contains data on the vehicles expected 

to be manufactured in the model years 

covered by the rulemaking and 

identifies the appropriate stage within 

the vehicle’s life-cycle for the 

technology to be applied, and one that 

contains data/parameters regarding the 

available technologies the model can 

apply. These inputs are discussed 

below. 

As discussed above, the Volpe model 

begins with an initial state of the 

domestic vehicle market, which in this 

case is the market for passenger cars and 

light trucks to be sold during the period 

covered by the final standards. The 

vehicle market is defined on a modelby-model, engine-by-engine, and 

transmission-by-transmission basis, 

such that each defined vehicle model 

refers to a separately defined engine and 

a separately defined transmission. 

For the current standards, which 

cover MYs 2012–2016, the light-duty 

vehicle (passenger car and light truck) 

market forecast was developed jointly 

by NHTSA and EPA staff using MY 

2008 CAFE compliance data. The MY 

2008 compliance data includes about 

1,100 vehicle models, about 400 specific 

engines, and about 200 specific 

transmissions, which is a somewhat 

lower level of detail in the 

representation of the vehicle market 

than that used by NHTSA in recent 

CAFE analyses—previous analyses 

would count a vehicle as ‘‘new’’ in any 

year when significant technology 

differences are made, such as at a 

redesign.579 However, within the 

limitations of information that can be 

made available to the public, it provides 

the foundation for a realistic analysis of 

manufacturer-specific costs and the 

analysis of attribute-based CAFE 

standards, and is much greater than the 

level of detail used by many other 

models and analyses relevant to lightduty vehicle fuel economy.580

In addition to containing data about 

each vehicle, engine, and transmission, 

this file contains information for each 

technology under consideration as it 

pertains to the specific vehicle (whether 

the vehicle is equipped with it or not), 

the estimated model year the vehicle is 

undergoing redesign, and information 

about the vehicle’s subclass for 

purposes of technology application. In 

essence, the model considers whether it 

is appropriate to apply a technology to 

a vehicle. 

Is a vehicle already equipped, or can it 

not be equipped, with a particular 

technology? 

The market forecast file provides 

NHTSA the ability to identify, on a 

technology by technology basis, which 

technologies may already be present 

(manufactured) on a particular vehicle, 

engine, or transmission, or which 

technologies are not applicable (due to 

technical considerations) to a particular 

vehicle, engine, or transmission. These 

identifications are made on a model-bymodel, engine-by-engine, and 

transmission-by-transmission basis. For 

example, if the market forecast file 

indicates that Manufacturer X’s Vehicle 

Y is manufactured with Technology Z, 

then for this vehicle Technology Z will 

be shown as used. Additionally, NHTSA 

has determined that some technologies 

are only suitable or unsuitable when 

certain vehicle, engine, or transmission 

conditions exist. For example, 

secondary axle disconnect is only 

suitable for 4WD vehicles, and cylinder 

deactivation is unsuitable for any engine 

with fewer than 6 cylinders, while CVTs 

can only be applied to unibody vehicles. 

Similarly, comments received to the 

2008 NPRM indicated that cylinder 

deactivation could not likely be applied 

to vehicles equipped with manual 

transmissions during the rulemaking 

timeframe, due primarily to the cylinder 

deactivation system not being able to 

anticipate gear shifts. The Volpe model 

employs ‘‘engineering constraints’’ to 

address issues like these, which are a 

programmatic method of controlling 

technology application that is 

independent of other constraints. Thus, 

the market forecast file would indicate 

that the technology in question should 

not be applied to the particular vehicle/ 

engine/transmission (i.e., is 

unavailable). Since multiple vehicle 

models may be equipped with an engine 

or transmission, this may affect multiple 

models. In using this aspect of the 

market forecast file, NHTSA ensures the 

Volpe model only applies technologies 

in an appropriate manner, since before 

any application of a technology can 

occur, the model checks the market 

forecast to see if it is either already 

present or unavailable. 

In response to the NPRM, NHTSA 

received comments from GM that 

included a description of technical 

considerations, concerns, limitations 

and risks that need to be considered 

when implementing turbocharging and 

downsizing technologies on full size 

trucks. These include concerns related 

to engine knock, drivability, control of 

boost pressure, packaging complexity, 

enhanced cooling for vehicles that are 

designed for towing or hauling, and 

noise, vibration and harshness. NHTSA 

judges that the expressed technical 

considerations, concerns, limitations 

and risks are well recognized within the 

industry and it is standard industry 

practice to address each during the 

design and development phases of 

applying turbocharging and downsizing 

technologies. Cost and effectiveness 

estimates used in the final rule are 

based on analysis that assumes each of 

these factors is addressed prior to 

production implementation of the 

technologies. In comments related to 

full size trucks, GM commented that 

potential to address knock limit 

concerns through various alternatives, 

which include use of higher octane 

premium fuel and/or the addition of a 

supplemental ethanol injection system. 

For this rulemaking, NHTSA has not 

assumed that either of these approaches 

is implemented to address knock limit 

concerns, and these technologies are not 

included in assessment of turbocharging 

and downsizing feasibility, cost or 

effectiveness.581 In addition, NHTSA 

has received confidential business 

information from a manufacturer that 

supports that turbocharging and 

downsizing is feasible on a full size 

truck product during the rulemaking 

period. 

mstockstill on DSKB9S0YB1PROD with RULES2

Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 25573 

582For example, applying material substitution 

through weight reduction, or even something as 

simple as low rolling-resistance tires, to a vehicle 

will likely require some level of validation and 

testing to ensure that the vehicle may continue to 

be certified as compliant with NHTSA’s Federal 

Motor Vehicle Safety Standards (FMVSS). Weight 

reduction might affect a vehicle’s crashworthiness; 

low rolling-resistance tires might change a vehicle’s 

braking characteristics or how it performs in crash 

avoidance tests. 

583 In prior NHTSA rulemakings, the agency was 

able to account for shorter redesign cycles on some 

models (e.g., some sedans), and longer redesign 

cycles on others (e.g., cargo vans), but has 

standardized the redesign cycle in this analysis 

using the transparent baseline. 

584 In the MY 2011 final rule, NHTSA noted that 

the CAR report submitted by the Alliance, prepared 

by the Center for Automotive Research and EDF, 

stated that ‘‘For a given vehicle line, the time from 

conception to first production may span two and 

one-half to five years,’’ but that ‘‘The time from first 

production (‘‘Job#1’’) to the last vehicle off the line 

(‘‘Balance Out’’) may span from four to five years to 

eight to ten years or more, depending on the 

dynamics of the market segment,’’ The CAR report 

then stated that ‘‘At the point of final production 

of the current vehicle line, a new model with the 

same badge and similar characteristics may be 

ready to take its place, continuing the cycle, or the 

old model may be dropped in favor of a different 

product.’’ See NHTSA–2008–0089–0170.1, 

Attachment 16, at 8 (393 of pdf). NHTSA explained 

that this description, which states that a vehicle 

model will be redesigned or dropped after 4–10 

years, was consistent with other characterizations of 

the redesign and freshening process, and supported 

the 5-year redesign and 2–3 year refresh cycle 

assumptions used in the MY 2011 final rule. See id., 

at 9 (394 of pdf). Given that the situation faced by 

the auto industry today is not so wholly different 

from that in March 2009, when the MY 2011 final 

rule was published, and given that the commenters 

did not present information to suggest that these 

assumptions are unreasonable (but rather simply 

that different manufacturers may redesign their 

vehicles more or less frequently, as the range of 

cycles above indicates), NHTSA believes that the 

assumptions remain reasonable for purposes of this 

final rule analysis. See also ‘‘Car Wars 2009–2012, 

The U.S. automotive product pipeline,’’ John 

Murphy, Research Analyst, Merrill Lynch research 

paper, May 14, 2008 and ‘‘Car Wars 2010–2013, The 

U.S. automotive product pipeline,’’ John Murphy, 

Research Analyst, Bank of America/Merrill Lynch 

research paper, July 15, 2009. Available at http:// 

www.autonews.com/assets/PDF/CA66116716.PDF 

(last accessed March 15, 2010). 

Is a vehicle being redesigned or 

refreshed? 

Manufacturers typically plan vehicle 

changes to coincide with certain stages 

of a vehicle’s life cycle that are 

appropriate for the change, or in this 

case the technology being applied. In 

the automobile industry there are two 

terms that describe when technology 

changes to vehicles occur: Redesign and 

refresh (i.e., freshening). Vehicle 

redesign usually refers to significant 

changes to a vehicle’s appearance, 

shape, dimensions, and powertrain. 

Redesign is traditionally associated with 

the introduction of ‘‘new’’ vehicles into 

the market, often characterized as the 

‘‘next generation’’ of a vehicle, or a new 

platform. Vehicle refresh usually refers 

to less extensive vehicle modifications, 

such as minor changes to a vehicle’s 

appearance, a moderate upgrade to a 

powertrain system, or small changes to 

the vehicle’s feature or safety equipment 

content. Refresh is traditionally 

associated with mid-cycle cosmetic 

changes to a vehicle, within its current 

generation, to make it appear ‘‘fresh.’’ 

Vehicle refresh generally occurs no 

earlier than two years after a vehicle 

redesign, or at least two years before a 

scheduled redesign. For the majority of 

technologies discussed today, 

manufacturers will only be able to apply 

them at a refresh or redesign, because 

their application would be significant 

enough to involve some level of 

engineering, testing, and calibration 

work.582

Some technologies (e.g., those that 

require significant revision) are nearly 

always applied only when the vehicle is 

expected to be redesigned, like 

turbocharging and engine downsizing, 

or conversion to diesel or hybridization. 

Other technologies, like cylinder 

deactivation, electric power steering, 

and aerodynamic drag reduction can be 

applied either when the vehicle is 

expected to be refreshed or when it is 

expected to be redesigned, while a few 

others, like low friction lubricants, can 

be applied at any time, regardless of 

whether a refresh or redesign event is 

conducted. Accordingly, the model will 

only apply a technology at the particular 

point deemed suitable. These 

constraints are intended to produce 

results consistent with manufacturers’ 

technology application practices. For 

each technology under consideration, 

NHTSA stipulates whether it can be 

applied any time, at refresh/redesign, or 

only at redesign. The data forms another 

input to the Volpe model. NHTSA 

develops redesign and refresh schedules 

for each of a manufacturer’s vehicles 

included in the analysis, essentially 

based on the last known redesign year 

for each vehicle and projected forward 

in a 5-year redesign and a 2–3 year 

refresh cycle, and this data is also stored 

in the market forecast file. We note that 

this approach is different than NHTSA 

has employed previously for 

determining redesign and refresh 

schedules, where NHTSA included the 

redesign and refresh dates in the market 

forecast file as provided by 

manufacturers in confidential product 

plans. The new approach is necessary 

given the nature of the new baseline 

which as a single year of data does not 

contain its own refresh and redesign 

cycle cues for future model years, and 

to ensure the complete transparency of 

the agency’s analysis. Vehicle redesign/ 

refresh assumptions are discussed in 

more detail in Section V of the FRIA 

and in Chapter 3 of the TSD. 

NHTSA received comments from the 

Center for Biological Diversity (CBD) 

and Ferrari regarding redesign cycles. 

CBD stated that manufacturers do not 

necessarily adhere to the agencies’ 

assumed five-year redesign cycle, and 

may add significant technologies by 

redesigning vehicles at more frequent 

intervals, albeit at higher costs. CBD 

argued that NHTSA should analyze the 

costs and benefits of manufacturers 

choosing to redesign vehicles more 

frequently than a 5-year average. 

Conversely, Ferrari agreed with the 

agencies that major technology changes 

are introduced at vehicle redesigns, 

rather than at vehicle freshenings, 

stating further that as compared to fullline manufacturers, small-volume 

manufacturers in fact may have 7 to 8- 

year redesign cycles. In response, 

NHTSA recognizes that not all 

manufacturers follow a precise five-year 

redesign cycle for every vehicle they 

produce,583 but continues to believe that 

the five-year redesign cycle assumption 

is a reasonable estimate of how often 

manufacturers can make major 

technological changes for purposes of its 

modeling analysis.584 NHTSA has 

considered attempting to quantify the 

increased cost impacts of setting 

standards that rise in stringency so 

rapidly that manufacturers are forced to 

apply ‘‘usual redesign’’ technologies at 

non-redesign intervals, but such an 

analysis would be exceedingly complex 

and is beyond the scope of this 

rulemaking given the timeframe and the 

current condition of the industry. 

NHTSA emphatically disagrees that the 

redesign cycle is a barrier to increasing 

penetration of technologies as CBD 

suggests, but we also believe that 

standards so stringent that they would 

require manufacturers to abandon 

redesign cycles entirely would be 

beyond the realm of economic 

practicability and technological 

feasibility, particularly in this 

rulemaking timeframe given lead time 

and capital constraints. Manufacturers 

can and will accomplish much 

improvement in fuel economy and GHG 

reductions while applying technology 

consistent with their redesign 

schedules. 

Once the model indicates that a 

technology should be applied to a 

vehicle, the model must evaluate which 

technology should be applied. This will 

depend on the vehicle subclass to which 

the vehicle is assigned; what 

mstockstill on DSKB9S0YB1PROD with RULES2

25574 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 

585The NAS classes included subcompact cars, 

compact cars, midsize cars, large cars, small SUVs, 

midsize SUVs, large SUVs, small pickups, large 

pickups, and minivans. 

technologies have already been applied 

to the vehicle (i.e., where in the 

‘‘decision tree’’ the vehicle is); when the 

technology is first available (i.e., year of 

availability); whether the technology is 

still available (i.e., ‘‘phase-in caps’’); and 

the costs and effectiveness of the 

technologies being considered. 

Technology costs may be reduced, in 

turn, by learning effects, while 

technology effectiveness may be 

increased or reduced by synergistic 

effects between technologies. In the 

technology input file, NHTSA has 

developed a separate set of technology 

data variables for each of the twelve 

vehicle subclasses. Each set of variables 

is referred to as an ‘‘input sheet,’’ so for 

example, the subcompact input sheet 

holds the technology data that is 

appropriate for the subcompact 

subclass. Each input sheet contains a 

list of technologies available for 

members of the particular vehicle 

subclass. The following items are 

provided for each technology: The name 

of the technology, its abbreviation, the 

decision tree with which it is 

associated, the (first) year in which it is 

available, the upper and lower cost and 

effectiveness (fuel consumption 

reduction) estimates, the learning type 

and rate, the cost basis, its applicability, 

and the phase-in values. 

To which vehicle subclass is the vehicle 

assigned? 

As part of its consideration of 

technological feasibility, the agency 

evaluates whether each technology 

could be implemented on all types and 

sizes of vehicles, and whether some 

differentiation is necessary in applying 

certain technologies to certain types and 

sizes of vehicles, and with respect to the 

cost incurred and fuel consumption and 

CO2 emissions reduction achieved when 

doing so. The 2002 NAS Report 

differentiated technology application 

using ten vehicle ‘‘classes’’ (4 car classes 

and 6 truck classes),585 but did not 

determine how cost and effectiveness 

values differ from class to class. NAS’s 

purpose in separating vehicles into 

these classes was to create groups of 

‘‘like’’ vehicles, i.e., vehicles similar in 

size, powertrain configuration, weight, 

and consumer use, and for which 

similar technologies are applicable. 

NHTSA similarly differentiates vehicles 

by ‘‘subclass’’ for the purpose of 

applying technologies to ‘‘like’’ vehicles 

and assessing their incremental costs 

and effectiveness. NHTSA assigns each 

vehicle manufactured in the rulemaking 

period to one of 12 subclasses: For 

passenger cars, Subcompact, 

Subcompact Performance, Compact, 

Compact Performance, Midsize, Midsize 

Performance, Large, and Large 

Performance; and for light trucks, Small 

SUV/Pickup/Van, Midsize SUV/Pickup/ 

Van, Large SUV/Pickup/Van, and 

Minivan. 

For this final rule as for the NPRM, 

NHTSA divides the vehicle fleet into 

subclasses based on model inputs, and 

applies subclass-specific estimates, also 

from model inputs, of the applicability, 

cost, and effectiveness of each fuelsaving technology. Therefore, the 

model’s estimates of the cost to improve 

the fuel economy of each vehicle model 

depend upon the subclass to which the 

vehicle model is assigned. 

Each vehicle’s subclass is stored in 

the market forecast file. When 

conducting a compliance analysis, if the 

Volpe model seeks to apply technology 

to a particular vehicle, it checks the 

market forecast to see if the technology 

is available and if the refresh/redesign 

criteria are met. If these conditions are 

satisfied, the model determines the 

vehicle’s subclass from the market data 

file, which it then uses to reference 

another input called the technology 

input file. NHTSA reviewed its 

methodology for dividing vehicles into 

subclasses for purposes of technology 

application that it used in the MY 2011 

final rule, and concluded that the same 

methodology would be appropriate for 

this final rule for MYs 2012–2016. No 

comments were received on the vehicle 

subclasses employed in the agency’s 

NPRM analysis, and NHTSA has 

retained the subclasses and the 

methodology for dividing vehicles 

among them for the final rule analysis. 

Vehicle subclasses are discussed in 

more detail in Section V of the FRIA 

and in Chapter 3 of the TSD. 

For the reader’s reference, the 

subclasses and example vehicles from 

the market forecast file are provided in 

the tables below. 

PASSENGER CAR SUBCLASSES EXAMPLE (MY 2008) VEHICLES

Class Example vehicles 

Subcompact ........................................................ Chevy Aveo, Hyundai Accent. 

Subcompact Performance ................................... Mazda MX–5, BMW Z4. 

Compact .............................................................. Chevy Cobalt, Nissan Sentra and Altima. 

Compact Performance ........................................ Audi S4, Mazda RX–8. 

Midsize ................................................................ Chevy Impala, Toyota Camry, Honda Accord, Hyundai Azera.

Midsize Performance ........................................... Chevy Corvette, Ford Mustang (V8), Nissan G37 Coupe. 

Large ................................................................... Audi A8, Cadillac CTS and DTS. 

Large Performance .............................................. Bentley Arnage, Daimler CL600. 

LIGHT TRUCK SUBCLASSES EXAMPLE (MY 2008) VEHICLES

Class Example vehicles 

Minivans .............................................................. Dodge Caravan, Toyota Sienna. 

Small SUV/Pickup/Van ........................................ Ford Escape & Ranger, Nissan Rogue. 

Midsize SUV/Pickup/Van ..................................... Chevy Colorado, Jeep Wrangler, Toyota Tacoma. 

Large SUV/Pickup/Van ........................................ Chevy Silverado, Ford E-Series, Toyota Sequoia. 

What technologies have already been 

applied to the vehicle (i.e., where in 

the ‘‘decision trees’’ is it)? 

NHTSA’s methodology for technology 

application analysis developed out of 

the approach taken by NAS in the 2002 

Report, and evaluates the application of 

individual technologies and their 

incremental costs and effectiveness. 

mstockstill on DSKB9S0YB1PROD with RULES2

Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 25575 

Incremental costs and effectiveness of 

individual technologies are relative to 

the prior technology state, which means 

that it is crucial to understand what 

technologies are already present on a 

vehicle in order to determine correct 

incremental cost and effectiveness 

values. The benefit of the incremental 

approach is transparency in accounting, 

insofar as when individual technologies 

are added incrementally to individual 

vehicles, it is clear and easy to 

determine how costs and effectiveness 

add up as technology levels increase. 

To keep track of incremental costs 

and effectiveness and to know which 

technology to apply and in which order, 

the Volpe model’s architecture uses a 

logical sequence, which NHTSA refers 

to as ‘‘decision trees,’’ for applying fuel 

economy-improving technologies to 

individual vehicles. In the MY 2011 

final rule, NHTSA worked with Ricardo 

to modify previously-employed decision 

trees in order to allow for a much more 

accurate application of technologies to 

vehicles. For purposes of the final rule, 

NHTSA reviewed the technology 

sequencing architecture and updated, as 

appropriate, the decision trees used in 

the analysis reported in the final rule for 

MY 2011 and in the MY 2012–2016 

NPRM. 

In general, and as described in great 

detail in the MY 2011 final rule and in 

Section V of the current FRIA, each 

technology is assigned to one of the five 

following categories based on the 

system it affects or impacts: engine, 

transmission, electrification/accessory, 

hybrid or vehicle. Each of these 

categories has its own decision tree that 

the Volpe model uses to apply 

technologies sequentially during the 

compliance analysis. The decision trees 

were designed and configured to allow 

the Volpe model to apply technologies 

in a cost-effective, logical order that also 

considers ease of implementation. For 

example, software or control logic 

changes are implemented before 

replacing a component or system with a 

completely redesigned one, which is 

typically a much more expensive 

option. In some cases, and as 

appropriate, the model may combine the 

sequential technologies shown on a 

decision tree and apply them 

simultaneously, effectively developing 

dynamic technology packages on an asneeded basis. For example, if 

compliance demands indicate, the 

model may elect to apply LUB, EFR, and 

ICP on a dual overhead cam engine, if 

they are not already present, in one 

single step. An example simplified 

decision tree for engine technologies is 

provided below; the other simplified 

decision trees may be found in Chapter 

3 of the Joint TSD and in the FRIA. 

Expanded decision trees are available in 

the docket for this final rule. 

BILLING CODE 6560–50–P 

mstockstill on DSKB9S0YB1PROD with RULES2

25576 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 

BILLING CODE 6560–50–C 


mstockstill on DSKB9S0YB1PROD with RULES2ER07MY10.027</GPH>
Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 25577 

586See, e.g., 74 FR 14238–46 (Mar. 30, 2009) for 

a full discussion of the decision trees in NHTSA’s 

MY 2011 final rule, and Docket No. NHTSA–2009– 

0062–0003.1 for an expanded decision tree used in 

that rulemaking. 

587While phase-in caps are expressed as specific 

percentages of a manufacturer’s fleet to which a 

technology may be applied in a given model year, 

phase-in caps cannot always be applied as precise 

limits, and the Volpe model in fact allows 

‘‘override’’ of a cap in certain circumstances. When 

only a small portion of a phase-in cap limit 

remains, or when the cap is set to a very low value, 

or when a manufacturer has a very limited product 

line, the cap might prevent the technology from 

being applied at all since any application would 

cause the cap to be exceeded. Therefore, the Volpe 

model evaluates and enforces each phase-in cap 

constraint after it has been exceeded by the 

application of the technology (as opposed to 

evaluating it before application), which can result 

in the described overriding of the cap. 

588 74 FR 14268–14271 (Mar. 30, 2009). 

589See 74 FR at 14269 (Mar. 20, 2009). 

Each technology within the decision 

trees has an incremental cost and an 

incremental effectiveness estimate 

associated with it, and estimates are 

specific to a particular vehicle subclass 

(see the tables in Section V of the FRIA). 

Each technology’s incremental estimate 

takes into account its position in the 

decision tree path. If a technology is 

located further down the decision tree, 

the estimates for the costs and 

effectiveness values attributed to that 

technology are influenced by the 

incremental estimates of costs and 

effectiveness values for prior technology 

applications. In essence, this approach 

accounts for ‘‘in-path’’ effectiveness 

synergies, as well as cost effects that 

occur between the technologies in the 

same path. When comparing cost and 

effectiveness estimates from various 

sources and those provided by 

commenters in this and the previous 

CAFE rulemakings, it is important that 

the estimates evaluated are analyzed in 

the proper context, especially as 

concerns their likely position in the 

decision trees and other technologies 

that may be present or missing. Not all 

estimates available in the public domain 

or that have been offered for the 

agencies’ consideration can be evaluated 

in an ‘‘apples-to-apples’’ comparison 

with those used by the Volpe model, 

since in some cases the order of 

application, or included technology 

content, is inconsistent with that 

assumed in the decision tree. 

The MY 2011 final rule discussed in 

detail the revisions and improvements 

made to the Volpe model and decision 

trees during that rulemaking process, 

including the improved handling and 

accuracy of valve train technology 

application and the development and 

implementation of a method for 

accounting path-dependent correction 

factors in order to ensure that 

technologies are evaluated within the 

proper context. The reader should 

consult the MY 2011 final rule 

documents for further information on 

these modeling techniques, all of which 

continued to be utilized in developing 

this final rule.586 To the extent that the 

decision trees have changed for 

purposes of the NPRM and this final 

rule, it was due not to revisions in the 

order of technology application, but 

rather to redefinitions of technologies or 

addition or subtraction of technologies. 

NHTSA did not receive any 

comments related to the use or ordering 

of the decision trees, and the agency 

continued to use the decision trees as 

they were proposed in the NPRM. 

Is the next technology available in this 

model year? 

As discussed above, the majority of 

technologies considered are available on 

vehicles today, and thus will be 

available for application (albeit in 

varying degrees) in the model years 

covered by this rule. Some technologies, 

however, will not become available for 

purposes of NHTSA’s analysis until 

later in the rulemaking time frame. 

When the model is considering whether 

to add a technology to a vehicle, it 

checks its year of availability—if the 

technology is available, it may be added; 

if it is not available, the model will 

consider whether to switch to a different 

decision tree to look for another 

technology, or will skip to the next 

vehicle in a manufacturer’s fleet. The 

year of availability for each technology 

is provided above in Table IV.C.2–1. 

CBD commented that because many of 

the technologies considered in the 

NPRM are currently available, 

manufacturers should be able to attain 

mpg levels equivalent to the MY 2016 

standards in MY 2009. In response, as 

discussed above, technology 

‘‘availability’’ is not determined based 

simply on whether the technology 

exists, but depends also on whether the 

technology has achieved a level of 

technical viability that makes it 

appropriate for widespread application. 

This depends in turn on component 

supplier constraints, capital investment 

and engineering constraints, and 

manufacturer product cycles, among 

other things. Moreover, even if a 

technology is available for application, 

it may not be available for every vehicle. 

Some technologies may have 

considerable fuel economy benefits, but 

cannot be applied to some vehicles due 

to technological constraints—for 

example, cylinder deactivation cannot 

be applied to vehicles with current 4- 

cylinder engines (because not enough 

cylinders are present to deactivate some 

and continue moving the vehicle) or on 

vehicles with manual transmissions 

within the rulemaking timeframe. The 

agencies have provided for increases 

over time to reach the mpg level of the 

MY 2016 standards precisely because of 

these types of constraints, because they 

have a real effect on how quickly 

manufacturers can apply technology to 

vehicles in their fleets. 

Has the technology reached the phasein cap for this model year? 

Besides the refresh/redesign cycles 

used in the Volpe model, which 

constrain the rate of technology 

application at the vehicle level so as to 

ensure a period of stability following 

any modeled technology applications, 

the other constraint on technology 

application employed in NHTSA’s 

analysis is ‘‘phase-in caps.’’ Unlike 

vehicle-level cycle settings, phase-in 

caps constrain technology application at 

the vehicle manufacturer level.587 They 

are intended to reflect a manufacturer’s 

overall resource capacity available for 

implementing new technologies (such 

as engineering and development 

personnel and financial resources), 

thereby ensuring that resource capacity 

is accounted for in the modeling 

process. At a high level, phase-in caps 

and refresh/redesign cycles work in 

conjunction with one another to avoid 

the modeling process out-pacing an 

OEM’s limited pool of available 

resources during the rulemaking time 

frame, especially in years where many 

models may be scheduled for refresh or 

redesign. This helps to ensure 

technological feasibility and economic 

practicability in determining the 

stringency of the standards. 

NHTSA has been developing the 

concept of phase-in caps for purposes of 

the agency’s modeling analysis over the 

course of the last several CAFE 

rulemakings, as discussed in greater 

detail in the MY 2011 final rule,588 and 

in Section V of the FRIA and Chapter 3 

of the Joint TSD. The MY 2011 final rule 

employed non-linear phase-in caps (that 

is, caps that varied from year to year) 

that were designed to respond to 

comments raising lead-time concerns in 

reference to the agency’s proposed MY 

2011–2015 standards, but because the 

final rule covered only one model year, 

many phase-in caps for that model year 

were lower than had originally been 

proposed. NHTSA emphasized that the 

MY 2011 phase-in caps were based on 

assumptions for the full five year period 

of the proposal (2011–2015), and stated 

that it would reconsider the phase-in 

settings for all years beyond 2011 in a 

future rulemaking analysis.589

mstockstill on DSKB9S0YB1PROD with RULES2

25578 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 

590See 74 FR at 14270 (Mar. 30, 2009) for further 

discussion and examples. 

591The modeling output for the analysis 

underlying these final standards is available on 

NHTSA’s Web site. 

592The baseline fleet sets the starting point, from 

a technology point of view, for where the model 

begins the technology application process, so 

changes have a direct impact on the projected net 

application of technology. 

For purposes of this final rule for MYs 

2012–2016, as in the MY 2011 final rule, 

NHTSA combines phase-in caps for 

some groups of similar technologies, 

such as valve phasing technologies that 

are applicable to different forms of 

engine design (SOHC, DOHC, OHV), 

since they are very similar from an 

engineering and implementation 

standpoint. When the phase-in caps for 

two technologies are combined, the 

maximum total application of either or 

both to any manufacturer’s fleet is 

limited to the value of the cap.590 In 

contrast to the phase-in caps used in the 

MY 2011 final rule, NHTSA has 

increased the phase-in caps for most of 

the technologies, as discussed below. 

In developing phase-in cap values for 

purposes of this final rule, NHTSA 

initially considered the fact that many 

of the technologies commonly applied 

by the model, those placed near the top 

of the decision trees, such as low 

friction lubes, valve phasing, electric 

power steering, improved automatic 

transmission controls, and others, have 

been commonly available to 

manufacturers for several years now. 

Many technologies, in fact, precede the 

2002 NAS Report, which estimated that 

such technologies would take 4 to 8 

years to penetrate the fleet. Since this 

final rule would take effect in MY 2012, 

nearly 10 years beyond the NAS report, 

and extends to MY 2016, and in the 

interest of harmonization with EPA’s 

proposal, NHTSA determined that 

higher phase-in caps were likely 

justified. Additionally, NHTSA 

considered the fact that manufacturers, 

as part of the agreements supporting the 

National Program, appear to be 

anticipating higher technology 

application rates than those used in the 

MY 2011 final rule. This also supported 

higher phase-in caps for purposes of the 

analysis underlying this final rule. 

Thus, while phase-in caps for the MY 

2011 final rule reached a maximum of 

50 percent for a couple of technologies 

and generally fell in the range between 

0 and 20 percent, phase-in caps for this 

final rule for the majority of 

technologies are set to reach 85 or 100 

percent by MY 2016, although more 

advanced technologies like diesels and 

strong hybrids reach only 15 percent by 

MY 2016. 

NHTSA received comments from the 

Alliance and ICCT relating to phase-in 

caps. The Alliance commented that the 

higher phase-in caps in the NPRM 

analysis (as compared to the MY 2011 

final rule) ‘‘ignore OEM engine 

architecture differences/limitations,’’ 

arguing that the agency must consider 

manufacturing investment and lead time 

implications when defining phase-in 

caps. ICCT did not raise the issue of 

phase-in caps directly, but commented 

that the agencies had not provided 

information in the proposal documents 

explaining when each manufacturer can 

implement the different technologies 

and how long it will take the 

technologies to spread across the fleet. 

ICCT argued that this information was 

crucial to considering how quickly the 

stringency of the standards could be 

increased, and at what cost. 

In response to the Alliance comments, 

the phase-in cap constraint is, in fact, 

exactly intended to account for 

manufacturing investment and lead time 

implications, as discussed above: phasein caps are intended to reflect a 

manufacturer’s overall resource capacity 

available for implementing new 

technologies (such as engineering and 

development personnel and financial 

resources), to help ensure that resource 

capacity is accounted for in the 

modeling process. Although the phasein caps for the analysis supporting these 

standards are higher than the phase-in 

caps employed in the MY 2011 final 

rule, as stated in the NPRM, the 

agencies considered the fact that 

manufacturers, as part of the agreements 

supporting the National Program, 

appear to be anticipating higher 

technology application rates during the 

rulemaking timeframe—indicating that 

the values selected for the phase-in caps 

are more likely within the range of 

practicability. Additionally, the 

agencies did not receive any comments 

from manufacturers indicating a direct 

concern with the proposed application 

rates, which they were able to review in 

the detailed manufacturer level model 

outputs. The agencies believe that as 

manufacturers focus their resources (i.e., 

engineering, capital investment, etc.) on 

fuel economy-improving technologies, 

many of which have been in production 

for many years, the application rates 

being modeled are appropriate for the 

timeframe being analyzed. 

In response to ICCT’s comments, the 

combination of phase-in caps, refresh/ 

redesign cycles, engineering constraints, 

etc., are intended to simulate 

manufacturers’ technology application 

decisions, and ultimately define the 

technology application/implementation 

rates for each manufacturer. NHTSA has 

used the best public data available to 

define refresh and redesign schedules to 

define technology implementation, 

which allows us to apply technologies 

at the specific times each manufacturer 

is planning. There was full notice of not 

just the phase-in caps themselves, but 

their specific application as well. 

NHTSA notes that the PRIA and the 

FRIA do contain manufacturer-specific 

application/implementation rates for 

prominent technologies, and that 

manufacturer-specific technology 

application as employed in the agency’s 

analysis is available in full in the Volpe 

model outputs available on NHTSA’s 

Web site. The model outputs present the 

resultant application of technologies at 

the industry, manufacturer, and vehicle 

levels. 

Theoretically, significantly higher 

phase-in caps, such as those used in the 

current proposal and final rule as 

compared to those used in the MY 2011 

final rule, should result in higher levels 

of technology penetration in the 

modeling results. Reviewing the 

modeling output does not, however, 

indicate unreasonable levels of 

technology penetration for the final 

standards.591 NHTSA believes that this 

is due to the interaction of the various 

changes in methodology for this final 

rule—changes to phase-in caps are but 

one of a number of revisions to the 

Volpe model and its inputs that could 

potentially impact the rate at which 

technologies are applied in the 

modeling analysis for this final rule as 

compared to prior rulemakings. Other 

revisions that could impact modeled 

application rates include the use of 

transparent CAFE certification data in 

baseline fleet formulation and the use of 

other data for projecting it forward,592 or 

the use of a multi-year planning 

programming technique to apply 

technology retroactively to earlier-MY 

vehicles, both of which may have a 

direct impact on the modeling process. 

Conversely the model and inputs 

remain unchanged in other areas that 

also could impact technology 

application, such as in the refresh/ 

redesign cycle settings, estimates used 

for the technologies, both of which 

remain largely unchanged from the MY 

2011 final rule. These changes together 

make it difficult to predict how phasein caps should be expected to function 

in the new modeling process. 

Thus, after reviewing the output files, 

NHTSA concludes that the higher 

phase-in caps, and the resulting 

technology application rates produced 

by the Volpe model, at both the industry 

and manufacturer level, are appropriate 

for the analysis underlying these final 

mstockstill on DSKB9S0YB1PROD with RULES2

Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 25579 

standards, achieving a suitable level of 

stringency without requiring unrealistic 

or unachievable penetration rates. 

Is the technology less expensive due to 

learning effects? 

Historically, NHTSA did not 

explicitly account for the cost 

reductions a manufacturer might realize 

through learning achieved from 

experience in actually applying a 

technology. Since working with EPA to 

develop the 2008 NPRM for MYs 2011– 

2015, and with Ricardo to refine the 

concept for the March 2009 MY 2011 

final rule, NHTSA has accounted for 

these cost reductions through two kinds 

of mutually exclusive learning, 

‘‘volume-based’’ and ‘‘time-based’’ which 

it continues to use in this rule, as 

discussed below. 

In the 2008 NPRM, NHTSA applied 

learning factors to technology costs for 

the first time. These learning factors 

were developed using the parameters of 

learning threshold, learning rate, and 

the initial cost, and were based on the 

‘‘experience curve’’ concept which 

describes reductions in production costs 

as a function of accumulated production 

volume. The typical curve shows a 

relatively steep initial decline in cost 

which flattens out to a gentle 

downwardly sloping line as the volume 

increase to large values. In the NPRM, 

NHTSA applied a learning rate discount 

of 20 percent for each successive 

doubling of production volume (on a 

per manufacturer basis), and a learning 

threshold of 25,000 units was assumed 

(thus a technology was viewed as being 

fully learned out at 100,000 units). The 

factor was only applied to certain 

technologies that were considered 

emerging or newly implemented on the 

basis that significant cost improvements 

would be achieved as economies of 

scale were realized (i.e., the 

technologies were on the steep part of 

the curve). 

In the MY 2011 final rule, NHTSA 

continued to use this learning factor, 

referring to it as volume-based learning 

since the cost reductions were 

determined by production volume 

increases, and again only applied it to 

emerging technologies. However, and in 

response to comments, NHTSA revised 

its assumptions on learning threshold, 

basing them instead on an industrywide production basis, and increasing 

the threshold to 300,000 units annually. 

Commenters to the 2008 NPRM also 

described another type of learning factor 

which NHTSA decided to adopt and 

implement in the MY 2011 final rule. 

Commenters described a relatively small 

negotiated cost decrease that occurred 

on an annual basis through contractual 

agreements with first tier component 

and systems suppliers for readily 

available, high volume technologies 

commonly in use by multiple OEMs. 

Based on the same experience curve 

principal, however at production 

volumes that were on the flatter part of 

the curve (and thus the types of volumes 

that represent annual industry 

volumes), NHTSA adopted this type 

learning and referred to it as time-based 

learning. An annual cost reduction of 3 

percent in the second and each 

subsequent year, which was consistent 

with estimates from commenters and 

supported by work Ricardo conducted 

for NHTSA, was used in the final rule. 

In developing the proposed standards, 

NHTSA and EPA reviewed both types of 

learning factors, and the thresholds 

(300,000) and reduction rates (20 

percent for volume, 3 percent for timebased) they rely on, and as implemented 

in the MY 2011 final rule, and agreed 

that both factors continue to be accurate 

and appropriate; each agency thus 

implemented time- and volume-based 

learning in their analyses. Noting that 

only one type of learning can be applied 

to any single technology, if any learning 

is applied at all, the agencies reviewed 

each to determine which learning factor 

was appropriate. Volume-based learning 

was applied to the higher complexity 

hybrid technologies, while no learning 

was applied to technologies likely to be 

affected by commodity costs (LUB, 

ROLL) or that have loosely-defined 

BOMs (EFR, LDB), as was the case in the 

MY 2011 final rule. Chapter 3 of the 

Joint TSD shows the specific learning 

factors that NHTSA has applied in this 

analysis for each technology, and 

discusses learning factors and each 

agencies’ use of them further. 

ICCT and Ferrari commented on 

learning curves. ICCT stated the 

agencies could improve the accuracy of 

the learning curve assumptions if they 

used a more dynamic or continuous 

learning curve that is more technologyspecific, rather than using step 

decreases as the current time- and 

volume-based learning curves appear to 

do. ICCT also commented on the 

appropriate application of volumeversus time-based learning, and stated 

further that worldwide production 

volumes should be taken into account 

when developing learning curves. 

Ferrari commented that is more difficult 

for small-volume manufacturers to 

negotiate cost decreases from things like 

cost learning effects with their 

suppliers, implying that learning effects 

may not be applicable equally for all 

manufacturers. 

NHTSA agrees that a continuous 

curve, if implemented correctly, could 

potentially improve the accuracy of 

modeling cost-learning effects, although 

the agency cannot estimate at this time 

how significant the improvement would 

be. To implement a continuous curve, 

however, NHTSA would need to 

develop a learning curve cost model to 

be integrated into the agency’s existing 

model for CAFE analysis. Due to time 

constraints the agencies were not able to 

investigate fully the use of a continuous 

cost-learning effects curve for each 

technology, but we will investigate the 

applicability of this approach for future 

rulemakings. For purposes of the final 

rule analysis, however, NHTSA believes 

that while more detailed cost learning 

approaches may eventually be possible, 

the approach taken for this final rule is 

valid. 

Additionally, while the agencies agree 

that worldwide production volumes can 

impact learning curves, the agencies do 

not forecast worldwide vehicle 

production volumes in addition to the 

already complex task of forecasting the 

U.S. market. That said, the agencies do 

consider current and projected 

worldwide technology proliferation 

when determining the maturity of a 

particular technology used to determine 

the appropriateness of applying time- or 

volume-based learning, which helps to 

account for the effect of globalized 

production. 

With regard to ICCT’s comments on 

the appropriate application of volumeversus time-based learning, however, it 

seems as though ICCT is referencing a 

study that defines volume- and timebased learning in a different manner 

than the current definitions used by the 

agencies, and so is not directly relevant. 

The agencies use ‘‘volume-based’’ 

learning for non-mature technologies 

that have the potential for significant 

cost reductions through learning, while 

‘‘time-based’’ learning is used for mature 

technologies that have already had 

significant cost reductions and only 

have the potential for smaller cost 

reductions. For ‘‘time-based’’ learning, 

the agencies chose to emulate the small 

year-over-year cost reductions 

manufacturers realize through defined 

cost reductions, approximately 3 

percent per year, negotiated into 

contracts with suppliers. A more 

detailed description of how the agencies 

define volume- and time-based learning 

can be found in NHTSA’s PRIA. 

And finally, in response to Ferrari’s 

comment, NHTSA recognizes that cost 

negotiations can be different for 

different manufacturers, but believes 

that on balance, cost learning at the 

supplier level will generally impact 

costs to all purchasers. Thus, if cost 

reductions are realized for a particular 

mstockstill on DSKB9S0YB1PROD with RULES2

25580 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 

593More specifically, the products of the 

differences between one and the technologyspecific levels of effectiveness in reducing fuel 

consumption. For example, not accounting for 

interactions, if technologies A and B are estimated 

to reduce fuel consumption by 10 percent (i.e., 0.1) 

and 20 percent (i.e., 0.2) respectively, the ‘‘product 

of the individual effectiveness values’’ would be 1– 

0.1 times 1–0.2, or 0.9 times 0.8, which equals 0.72, 

corresponding to a combined effectiveness of 28 

percent rather than the 30 percent obtained by 

adding 10 percent to 20 percent. The ‘‘synergy 

factors’’ discussed in this section further adjust 

these multiplicatively combined effectiveness 

values. 

594EPA Staff Technical Report: Cost and 

Effectiveness Estimates of Technologies Used to 

Reduce Light-duty Vehicle Carbon Dioxide 

Emissions; EPA420–R–08–008, March 2008. 

Available at Docket No. NHTSA–2009–0059–0027. 

595U.S. Department of Energy, Energy 

Information Administration, Transportation Sector 

Module of the National Energy Modeling System: 

Model Documentation 2007, May 2007, 

Washington, DC, DOE/EIAM070(2007), at 29–30. 

Available at http://tonto.eia.doe.gov/ftproot/

modeldoc/m070(2007).pdf (last accessed March 15, 

2010). 

technology, all entities that purchase the 

technology will benefit from these cost 

reductions. 

Is the technology more or less effective 

due to synergistic effects? 

When two or more technologies are 

added to a particular vehicle model to 

improve its fuel efficiency and reduce 

CO2 emissions, the resultant fuel 

consumption reduction may sometimes 

be higher or lower than the product of 

the individual effectiveness values for 

those items.593 This may occur because 

one or more technologies applied to the 

same vehicle partially address the same 

source (or sources) of engine, drivetrain 

or vehicle losses. Alternately, this effect 

may be seen when one technology shifts 

the engine operating points, and 

therefore increases or reduces the fuel 

consumption reduction achieved by 

another technology or set of 

technologies. The difference between 

the observed fuel consumption 

reduction associated with a set of 

technologies and the product of the 

individual effectiveness values in that 

set is referred to for purposes of this 

rulemaking as a ‘‘synergy.’’ Synergies 

may be positive (increased fuel 

consumption reduction compared to the 

product of the individual effects) or 

negative (decreased fuel consumption 

reduction). An example of a positive 

synergy might be a vehicle technology 

that reduces road loads at highway 

speeds (e.g., lower aerodynamic drag or 

low rolling resistance tires), that could 

extend the vehicle operating range over 

which cylinder deactivation may be 

employed. An example of a negative 

synergy might be a variable valvetrain 

system technology, which reduces 

pumping losses by altering the profile of 

the engine speed/load map, and a sixspeed automatic transmission, which 

shifts the engine operating points to a 

portion of the engine speed/load map 

where pumping losses are less 

significant. As the complexity of the 

technology combinations is increased, 

and the number of interacting 

technologies grows accordingly, it 

becomes increasingly important to 

account for these synergies. 

NHTSA and EPA determined 

synergistic impacts for this rulemaking 

using EPA’s ‘‘lumped parameter’’ 

analysis tool, which EPA described at 

length in its March 2008 Staff Technical 

Report.594 The lumped parameter tool is 

a spreadsheet model that represents 

energy consumption in terms of average 

performance over the fuel economy test 

procedure, rather than explicitly 

analyzing specific drive cycles. The tool 

begins with an apportionment of fuel 

consumption across several loss 

mechanisms and accounts for the 

average extent to which different 

technologies affect these loss 

mechanisms using estimates of engine, 

drivetrain and vehicle characteristics 

that are averaged over the EPA fuel 

economy drive cycle. Results of this 

analysis were generally consistent with 

those of full-scale vehicle simulation 

modeling performed in 2007 by Ricardo, 

Inc. 

For the current rulemaking, NHTSA 

used the lumped parameter tool as 

modified in the MY 2011 CAFE final 

rule. NHTSA modified the lumped 

parameter tool from the version 

described in the EPA Staff Technical 

Report in response to public comments 

received in that rulemaking. The 

modifications included updating the list 

of technologies and their associated 

effectiveness values to match the 

updated list of technologies used in the 

final rule. NHTSA also expanded the 

list of synergy pairings based on further 

consideration of the technologies for 

which a competition for losses would be 

expected. These losses are described in 

more detail in Section V of the FRIA. 

NHTSA and EPA incorporate 

synergistic impacts in their analyses in 

slightly different manners. Because 

NHTSA applies technologies 

individually in its modeling analysis, 

NHTSA incorporates synergistic effects 

between pairings of individual 

technologies. The use of discrete 

technology pair incremental synergies is 

similar to that in DOE’s National Energy 

Modeling System (NEMS).595 Inputs to 

the Volpe model incorporate NEMSidentified pairs, as well as additional 

pairs from the set of technologies 

considered in the Volpe model. 

NHTSA notes that synergies that 

occur within a decision tree are already 

addressed within the incremental values 

assigned and therefore do not require a 

synergy pair to address. For example, all 

engine technologies take into account 

incremental synergy factors of preceding 

engine technologies, and all 

transmission technologies take into 

account incremental synergy factors of 

preceding transmission technologies. 

These factors are expressed in the fuel 

consumption improvement factors in 

the input files used by the Volpe model. 

For applying incremental synergy 

factors in separate path technologies, 

the Volpe model uses an input table (see 

the tables in Chapter 3 of the TSD and 

in the FRIA) which lists technology 

pairings and incremental synergy factors 

associated with those pairings, most of 

which are between engine technologies 

and transmission/electrification/hybrid 

technologies. When a technology is 

applied to a vehicle by the Volpe model, 

all instances of that technology in the 

incremental synergy table which match 

technologies already applied to the 

vehicle (either pre-existing or 

previously applied by the Volpe model) 

are summed and applied to the fuel 

consumption improvement factor of the 

technology being applied. Synergies for 

the strong hybrid technology fuel 

consumption reductions are included in 

the incremental value for the specific 

hybrid technology block since the 

model applies technologies in the order 

of the most effectiveness for least cost 

and also applies all available 

electrification and transmission 

technologies before applying strong 

hybrid technologies. 

NHTSA received only one comment 

regarding synergies, from MEMA, who 

commented that NHTSA’s Volpe model 

adequately addressed synergistic effects. 

Having received no information to the 

contrary, NHTSA finalized the synergy 

approach and values for the final rule. 

d. Where can readers find more detailed 

information about NHTSA’s technology 

analysis? 

Much more detailed information is 

provided in Section V of the FRIA, and 

a discussion of how NHTSA and EPA 

jointly reviewed and updated 

technology assumptions for purposes of 

this final rule is available in Chapter 3 

of the TSD. Additionally, all of 

NHTSA’s model input and output files 

are now public and available for the 

reader’s review and consideration. The 

technology input files can be found in 

the docket for this final rule, Docket No. 

NHTSA–2009–0059, and on NHTSA’s 

mstockstill on DSKB9S0YB1PROD with RULES2

Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 25581 

596 74 FR 14233–308 (Mar. 30, 2009). 597The $21 value is for CO2 emissions in 2010, 

which rises to $45/ton in 2050, at an average 

discount rate of 3 percent. 

Web site. And finally, because much of 

NHTSA’s technology analysis for 

purposes of this final rule builds on the 

work that was done for the MY 2011 

final rule, we refer readers to that 

document as well for background 

information concerning how NHTSA’s 

methodology for technology application 

analysis has evolved over the past 

several rulemakings, both in response to 

comments and as a result of the agency’s 

growing experience with this type of 

analysis.596

3. How did NHTSA develop its 

economic assumptions? 

NHTSA’s analysis of alternative CAFE 

standards for the model years covered 

by this rulemaking relies on a range of 

forecast variables, economic 

assumptions, and parameter values. 

This section describes the sources of 

these forecasts, the rationale underlying 

each assumption, and the agency’s 

choices of specific parameter values. 

These economic values play a 

significant role in determining the 

benefits of alternative CAFE standards, 

as they have for the last several CAFE 

rulemakings. Under those alternatives 

where standards would be established 

by reference to their costs and benefits, 

these economic values also affect the 

levels of the CAFE standards 

themselves. Some of these variables 

have more important effects on the level 

of CAFE standards and the benefits from 

requiring alternative increases in fuel 

economy than do others. 

In reviewing these variables and the 

agency’s estimates of their values for 

purposes of this final rule, NHTSA 

reconsidered previous comments it had 

received and comments received to the 

NPRM, as well as reviewed newly 

available literature. As a consequence, 

the agency elected to revise some of its 

economic assumptions and parameter 

estimates from previous rulemakings at 

the NPRM stage, while retaining others. 

Some of the most important changes, 

which are discussed in greater detail 

below, as well as in Chapter 4 of the 

Joint TSD and in Chapter VIII of the 

FRIA, include significant revisions to 

the markup factors for technology costs; 

reducing the rebound effect from 15 to 

10 percent; and revising the value of 

reducing CO2 emissions based on recent 

interagency efforts to develop estimates 

of this value for government-wide use. 

The comments the agency received and 

its responses are discussed in detail 

below, as well as in the TSD and FRIA. 

For the reader’s reference, Table IV.C.3– 

1 below summarizes the values used to 

calculate the economic benefits from 

each alternative. 

TABLE IV.C.3–1—ECONOMIC VALUES FOR BENEFITS COMPUTATIONS

[2007$] 

Fuel Economy Rebound Effect ......................................................................................................................................................... 10% 

‘‘Gap’’ between test and on-road MPG ............................................................................................................................................ 20% 

Value of refueling time per ($ per vehicle-hour) .............................................................................................................................. $24.64 

Average percentage of tank refilled per refueling ............................................................................................................................ 55% 

Percent of drivers refueling in response to low fuel level ................................................................................................................ 100% 

Annual growth in average vehicle use ............................................................................................................................................. 1.15% 

Fuel Prices (2012–50 average, $/gallon) 

Retail gasoline price .................................................................................................................................................................. $3.66 

Pre-tax gasoline price ................................................................................................................................................................ $3.29 

Economic Benefits from Reducing Oil Imports ($/gallon) 

‘‘Monopsony’’ Component ......................................................................................................................................................... $0.00 

Price Shock Component ............................................................................................................................................................ $0.17 

Military Security Component ..................................................................................................................................................... $0.00 

Total Economic Costs ($/gallon) ........................................................................................................................................ $0.17 

Emission Damage Costs (2020, $/ton or $/metric ton) 

Carbon monoxide ...................................................................................................................................................................... $0 

Volatile organic compounds (VOC) ........................................................................................................................................... $1,300 

Nitrogen oxides (NOx)—vehicle use ......................................................................................................................................... $5,300 

Nitrogen oxides (NOx)—fuel production and distribution .......................................................................................................... $5,100 

Particulate matter (PM2.5)—vehicle use .................................................................................................................................... $290,000 

Particulate matter (PM2.5)—fuel production and distribution .................................................................................................... $240,000 

Sulfur dioxide (SO2) .................................................................................................................................................................. $31,000 

Carbon dioxide (CO2) ................................................................................................................................................................ $21 597

Annual Increase in CO2 Damage Cost ............................................................................................................................................ Varies by year. 

External Costs from Additional Automobile Use ($/vehicle-mile) 

Congestion ................................................................................................................................................................................. $0.054 

Accidents ................................................................................................................................................................................... $0.023 

Noise .......................................................................................................................................................................................... $0.001 

Total External Costs ........................................................................................................................................................... $0.078 

External Costs from Additional Light Truck Use ($/vehicle-mile) 

Congestion ................................................................................................................................................................................. $0.048 

Accidents ................................................................................................................................................................................... $0.026 

Noise .......................................................................................................................................................................................... $0.001 

Total External Costs ........................................................................................................................................................... $0.075 

Discount Rate Applied to Future Benefits 3%, 7% 

mstockstill on DSKB9S0YB1PROD with RULES2

25582 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 

598NHTSA notes that in addition to the 

technology cost analysis employing this ‘‘ICM’’ 

approach, the FRIA contains a sensitivity analysis 

using a technology cost multiplier of 1.5. 

599See, e.g., Kleit A.N., 1990. ‘‘The Effect of 

Annual Changes in Automobile Fuel Economy 

Standards.’’ Journal of Regulatory Economics 2: 

151–172 (Docket EPA–HQ–OAR–2009–0472–0015); 

Berry, Steven, James Levinsohn, and Ariel Pakes, 

1995. ‘‘Automobile Prices in Market Equilibrium,’’ 

Econometrica 63(4): 841–940 (Docket NHTSA– 

2009–0059–0031); McCarthy, Patrick S., 1996. 

a. Costs of Fuel Economy-Improving 

Technologies 

NHTSA and EPA previously 

developed detailed estimates of the 

costs of applying fuel economyimproving technologies to vehicle 

models for use in analyzing the impacts 

of alternative standards considered in 

the proposed rulemaking, including 

varying cost estimates for applying 

certain fuel economy technologies to 

vehicles of different sizes and body 

styles. These estimates were modified 

for purposes of this analysis as a result 

of extensive consultations among 

engineers from NHTSA, EPA, and the 

Volpe Center. Building on NHTSA’s 

estimates developed for the MY 2011 

CAFE final rule and EPA’s Advanced 

Notice of Proposed Rulemaking, which 

relied on EPA’s 2008 Staff Technical 

Report, the two agencies took a fresh 

look at technology cost and 

effectiveness values and incorporated 

FEV tear-down study results for 

purposes of this joint final rule under 

the National Program. 

While NHTSA generally found that 

much of the cost information used in 

the MY 2011 final rule and EPA’s 2008 

Staff Report was consistent to a great 

extent, the agencies, in reconsidering 

information from many sources, revised 

the component costs of several major 

technologies including: turbocharging/ 

downsizing, mild and strong hybrids, 

diesels, SGDI, and Valve Train Lift 

Technologies for purposes of the NPRM. 

In addition, based on FEV tear-down 

studies, the costs for turbocharging/ 

downsizing, 6-, 7-, 8-speed automatic 

transmissions, and dual clutch 

transmissions were revised for this final 

rule. 

The technology cost estimates used in 

this analysis are intended to represent 

manufacturers’ direct costs for highvolume production of vehicles with 

these technologies and sufficient 

experience with their application so that 

all remaining cost reductions due to 

‘‘learning curve’’ effects have been fully 

realized. However, NHTSA recognizes 

that manufacturers’ actual costs for 

employing these technologies include 

additional outlays for accompanying 

design or engineering changes to models 

that use them, development and testing 

of prototype versions, recalibrating 

engine operating parameters, and 

integrating the technology with other 

attributes of the vehicle. Manufacturers’ 

indirect costs for employing these 

technologies also include expenses for 

product development and integration, 

modifying assembly processes and 

training assembly workers to install 

them, increased expenses for operation 

and maintaining assembly lines, higher 

initial warranty costs for new 

technologies, any added expenses for 

selling and distributing vehicles that use 

these technologies, and manufacturer 

and dealer profit. 

In previous CAFE rulemakings and in 

NHTSA’s safety rulemakings, the agency 

has accounted for these additional costs 

by using a Retail Price Equivalent (RPE) 

multiplier of 1.5. For purposes of this 

rulemaking, based on recent work by 

EPA, NHTSA has applied indirect cost 

multipliers ranging from 1.11 to 1.64 to 

the estimates of vehicle manufacturers’ 

direct costs for producing or acquiring 

each technology to improve fuel 

economy.598 These multipliers vary 

with the complexity of each technology 

and the time frame over which costs are 

estimated. More complex technologies 

are associated with higher multipliers 

because of the larger increases in 

manufacturers’ indirect costs for 

developing, producing (or procuring), 

and deploying these more complex 

technologies. The appropriate 

multipliers decline over time for 

technologies of all complexity levels, 

since increased familiarity and 

experience with their application is 

assumed to reduce manufacturers’ 

indirect costs for employing them. 

NHTSA and EPA received far fewer 

specific comments on technology cost 

estimates than in previous CAFE 

rulemakings, which suggests that most, 

although not all, stakeholders generally 

agreed with the agencies’ assumptions. 

Several commenters supported the 

agencies’ use of tear-down studies for 

developing some of the technology 

costs, largely citing the agencies’ own 

reasons in support of that methodology. 

Some specific comments were received 

with regard to hybrid and other 

technology costs, to which the agencies 

are responding directly in Chapter 3 of 

the Joint TSD and in the agencies’ 

respective FRIAs. Generally speaking, 

however, to the extent that commenters 

disagreed with the agencies’ cost 

estimates, often the disagreement 

stemmed from assumptions about the 

technology’s maturity, which the 

agencies have tried to account for in the 

analysis. These issues are discussed 

further in Chapter 3 of the TSD. 

Additionally, we note that technology 

costs will also be addressed in the 

upcoming revised NAS report. 

With regard to the indirect cost 

multiplier approach, commenters also 

generally supported the higher level of 

specificity provided by the ICM 

approach compared to the RPE 

approach, although some commenters 

suggested specific refinements to the 

measurement of ICMs. For example, 

while the automotive dealer 

organization NADA argued that all 

dealer costs of sales should be included 

in ‘‘dealer profit,’’ another commenter 

noted expressly that the ICM does not 

include profits. Comments from ICCT 

also argued in favor of revising the 

‘‘technology complexity’’ component of 

the ICM to account for the complexity 

of integrating a new technology into a 

vehicle, rather than for only the 

complexity of producing the technology 

itself. These comments and others on 

the ICM are addressed in Chapter 3 of 

the Joint TSD and in the agencies’ 

respective FRIAs. NHTSA notes that 

profits were not included in the indirect 

cost estimates of this rule, and also that 

NHTSA’s sensitivity analysis, presented 

in Chapter X of the FRIA, indicates that 

using the 1.5 RPE multiplier would 

result in higher costs compared to 

today’s final rule costs incorporating the 

ICM multiplier, although even with 

those higher costs the 1.5 RPE analysis 

still resulted in significant net benefits 

for the rulemaking as a whole. NHTSA 

continues to study this issue and may 

employ a different approach in future 

rulemakings. 

b. Potential Opportunity Costs of 

Improved Fuel Economy 

An important concern is whether 

achieving the fuel economy 

improvements required by alternative 

CAFE standards might result in 

manufacturers compromising the 

performance, carrying capacity, safety, 

or comfort of their vehicle models. To 

the extent that it does so, the resulting 

sacrifice in the value of these attributes 

to consumers represents an additional 

cost of achieving the required 

improvements in fuel economy. (This 

possibility is addressed in detail in 

Section IV.G.6.) Although exact dollar 

values of these attributes to consumers 

are difficult to infer, differences in 

vehicle purchase prices and buyers’ 

choices among competing models that 

feature varying combinations of these 

characteristics clearly demonstrate that 

changes in these attributes affect the 

utility and economic value that vehicles 

offer to potential buyers.599

mstockstill on DSKB9S0YB1PROD with RULES2

Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 25583 

‘‘Market Price and Income Elasticities of New 

Vehicle Demands.’’ Review of Economics and 

Statistics 78: 543–547 (Docket NHTSA–2009–0059– 

0039); and Goldberg, Pinelopi K., 1998. ‘‘The Effects 

of the Corporate Average Fuel Efficiency Standards 

in the U.S.,’’ Journal of Industrial Economics 46(1): 

1–33 (Docket EPA–HQ–OAR–2009–0472–0017). 600 71 FR 77871 (Dec. 27, 2006). 

601Federal Highway Administration, Highway 

Statistics, 2000 through 2006 editions, Table VM– 

1; See http://www.fhwa.dot.gov/policy/ohpi/hss/ 

hsspubs.cfm (last accessed March 1, 2010). 

602Energy Information Administration, Annual 

Energy Outlook 2010 Early Release, Reference Case 

(December 2009), Table A12. Available at http://

www.eia.doe.gov/oiaf/aeo/pdf/appa.pdf, p. 25 (last 

accessed March 1, 2010). These forecasts reflect the 

provisions of the Energy Independence and 

Security Act of 2007 (EISA), including the 

requirement that the combined mpg level of U.S. 

cars and light trucks reach 35 miles per gallon by 

model year 2020. Because this provision would be 

expected to reduce future U.S. demand for gasoline 

and lead to a decline in its future price, there is 

some concern about whether the AEO 2010 forecast 

of fuel prices partly reflects the increases in CAFE 

standards considered in this rule, and thus whether 

it is suitable for valuing the projected reductions in 

fuel use. In response to this concern, the agency 

Continued 

NHTSA and EPA have approached 

this potential problem by developing 

cost estimates for fuel economyimproving technologies that include any 

additional manufacturing costs that 

would be necessary to maintain the 

originally planned levels of 

performance, comfort, carrying capacity, 

and safety of any light-duty vehicle 

model to which those technologies are 

applied. In doing so, the agencies 

followed the precedent established by 

the 2002 NAS Report, which estimated 

‘‘constant performance and utility’’ costs 

for fuel economy technologies. NHTSA 

has used these as the basis for its 

continuing efforts to refine the 

technology costs it uses to analyze 

manufacturer’s costs for complying with 

alternative passenger car and light truck 

CAFE standards for MYs 2012–2016. 

Although the agency has revised its 

estimates of manufacturers’ costs for 

some technologies significantly for use 

in this rulemaking, these revised 

estimates are still intended to represent 

costs that would allow manufacturers to 

maintain the performance, carrying 

capacity, and utility of vehicle models 

while improving their fuel economy. 

Although we believe that our cost 

estimates for fuel economy-improving 

technologies include adequate provision 

for accompanying outlays that are 

necessary to prevent any significant 

degradation in other attributes that 

vehicle owners value, it is possible that 

they do not include adequate allowance 

for the necessary efforts by 

manufacturers to prevent sacrifices in 

these attributes on all vehicle models. If 

this is the case, the true economic costs 

of achieving higher fuel economy 

should include the opportunity costs to 

vehicle owners of any sacrifices in 

vehicles’ performance, carrying 

capacity, and utility, and omitting these 

will cause the agency’s estimated 

technology costs to underestimate the 

true economic costs of improving fuel 

economy. 

Recognizing this possibility, it would 

be desirable to estimate explicitly the 

changes in vehicle buyers’ welfare from 

the combination of higher prices for 

new vehicle models, increases in their 

fuel economy, and any accompanying 

changes in vehicle attributes such as 

performance, passenger- and cargocarrying capacity, or other dimensions 

of utility. The net change in buyer’s 

welfare that results from the 

combination of these changes would 

provide a more accurate estimate of the 

true economic costs for improving fuel 

economy. Although the agency has been 

unable to develop a procedure for doing 

so as part of this rulemaking, Section 

IV.G.6. below includes a detailed 

analysis and discussion of how omitting 

possible changes in vehicle attributes 

other than their prices and fuel 

economy might affect its estimates of 

benefits and costs resulting from the 

standards this rule establishes. 

c. The On-Road Fuel Economy ‘‘Gap’’ 

Actual fuel economy levels achieved 

by light-duty vehicles in on-road driving 

fall somewhat short of their levels 

measured under the laboratory-like test 

conditions used by EPA to establish its 

published fuel economy ratings for 

different models. In analyzing the fuel 

savings from alternative CAFE 

standards, NHTSA has previously 

adjusted the actual fuel economy 

performance of each light truck model 

downward from its rated value to reflect 

the expected size of this on-road fuel 

economy ‘‘gap.’’ On December 27, 2006, 

EPA adopted changes to its regulations 

on fuel economy labeling, which were 

intended to bring vehicles’ rated fuel 

economy levels closer to their actual onroad fuel economy levels.600

In its Final Rule, EPA estimated that 

actual on-road fuel economy for lightduty vehicles averages 20 percent lower 

than published fuel economy levels. For 

example, if the overall EPA fuel 

economy rating of a light truck is 20 

mpg, the on-road fuel economy actually 

achieved by a typical driver of that 

vehicle is expected to be 16 mpg 

(20*.80). NHTSA employed EPA’s 

revised estimate of this on-road fuel 

economy gap in its analysis of the fuel 

savings resulting from alternative CAFE 

standards evaluated in the MY 2011 

final rule. 

For purposes of this final rule, 

NHTSA conducted additional analysis 

of this issue. The agency used data on 

the number of passenger cars and light 

trucks of each model year that were 

registered for use during calendar years 

2000 through 2006, average rated fuel 

economy for passenger cars and light 

trucks produced during each model 

year, and estimates of average miles 

driven per year by cars and light trucks 

of different ages. These data were 

combined to develop estimates of the 

average fuel economy that the U.S. 

passenger vehicle fleet would have 

achieved from 2000 through 2006 if cars 

and light trucks of each model year 

achieved the same fuel economy levels 

in actual on-road driving as they did 

under test conditions when new. 

NHTSA compared these estimates to 

the Federal Highway Administration’s 

(FHWA) published values of actual onroad fuel economy for passenger cars 

and light trucks during each of those 

years.601 FHWA’s estimates of actual 

fuel economy for passenger cars 

averaged 22 percent lower than 

NHTSA’s estimates of its fleet-wide 

average value under test conditions over 

this period, while FHWA’s estimates for 

light trucks averaged 17 lower than 

NHTSA’s estimates of average light 

truck fuel economy under test 

conditions. These results appear to 

confirm that the 20 percent on-road fuel 

economy discount or gap represents a 

reasonable estimate for use in evaluating 

the fuel savings likely to result from 

alternative CAFE standards for MY 

2012–2016 vehicles. 

NHTSA received no comments on this 

issue in response to the NPRM. 

Accordingly, it has not revised its 

estimate of the on-road fuel economy 

gap from the 20 percent figure used 

previously. 

d. Fuel Prices and the Value of Saving 

Fuel 

Projected future fuel prices are a 

critical input into the economic analysis 

of alternative CAFE standards, because 

they determine the value of fuel savings 

both to new vehicle buyers and to 

society. NHTSA relied on the most 

recent fuel price projections from the 

U.S. Energy Information 

Administration’s (EIA) Annual Energy 

Outlook (AEO) for this analysis. 

Specifically, we used the AEO 2010 

Early Release (December 2009) 

Reference Case forecasts of inflationadjusted (constant-dollar) retail gasoline 

and diesel fuel prices, which represent 

the EIA’s most up-to-date estimate of the 

most likely course of future prices for 

petroleum products.602 This forecast is 

mstockstill on DSKB9S0YB1PROD with RULES2

25584 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 

notes that EIA issued a revised version of AEO 2008 

in June 2008, which modified its previous 

December 2007 Early Release of AEO 2008 to reflect 

the effects of then recently-passed EISA legislation. 

The fuel price forecasts reported in EIA’s Revised 

Release of AEO 2008 differed by less than one cent 

per gallon throughout the entire forecast period 

(2008–2030) from those previously issued as part of 

its initial release of AEO 2008. Thus, the agencies 

are reasonably confident that the fuel price forecasts 

presented in AEO 2010 and used to analyze the 

value of fuel savings projected to result from this 

rule are not unduly affected by the CAFE provisions 

of EISA. 

603This projection uses the rate of increase in fuel 

prices for 2020–2030 rather than that over the 

complete forecast period (2009–2030) because there 

is extreme volatility in the forecasts for the years 

2009 through approximately 2020. Using the 

average rate of change over the complete 2009–2030 

forecast period would result in projections of 

declining fuel prices after 2030. 

somewhat lower than the AEO 2009 

Reference Case forecast the agency 

relied upon in the analysis it conducted 

for the NPRM. Over the period from 

2010 to 2030, the AEO 2010 Early 

Release Reference Case forecast of retail 

gasoline prices used in this analysis 

averages $3.18 per gallon (in 2007 

dollars), in contrast to the $3.38 per 

gallon average price for that same period 

forecast in the earlier AEO 2009 

Reference Case and used in the NPRM 

analysis. 

While NHTSA relied on the forecasts 

of fuel prices presented in AEO 2008 

High Price Case in the MY 2011 final 

rule, we noted at the time that we were 

relying on that estimate primarily 

because volatility in the oil market 

appeared to have overtaken the 

Reference Case. We also anticipated that 

the Reference Case forecasts would be 

significantly higher in subsequent 

editions of AEO, and that in future 

rulemaking analyses the agency would 

be likely to rely on the Reference Case 

rather than High Price Case forecasts. In 

fact, both EIA’s AEO 2009 Reference 

Case and its subsequent AEO 2010 Early 

Release Reference Case forecasts project 

higher retail fuel prices in most future 

years than those forecast in the High 

Price Case from AEO 2008. NHTSA is 

thus confident that the AEO 2010 Early 

Release Reference Case is an appropriate 

forecast for projected future fuel prices. 

NHTSA and EPA received relatively 

few comments on the fuel prices used 

in the NPRM analysis, compared to 

previous CAFE rulemakings. Two 

commenters, CARB and NADA, 

supported the use of AEO’s Reference 

Case for use in the agencies’ analysis, 

although they disagreed on the agencies’ 

use of the High and Low Price Cases for 

sensitivities. Both commenters 

emphasized the sensitivity of the market 

and the agencies’ analysis to higher and 

lower gas prices, and on that basis, 

CARB supported the use of the High and 

Low Price Cases in sensitivity analysis 

but urged the agencies to caveat the 

‘‘Reference Case’’ results more explicitly. 

In contrast, NADA argued that the 

agencies should not use the High and 

Low Price Cases, because EIA does not 

assign specific probabilities to either of 

them. Only one commenter, James 

Adcock, argued that the agencies should 

use forecasts of future fuel prices other 

than those reported in AEO; Adcock 

stated that future fuel prices should be 

assumed to be higher than current pump 

prices. 

Measured in constant 2007 dollars, 

the AEO 2010 Early Release Reference 

Case forecast of retail gasoline prices 

during calendar year 2010 is $2.44 per 

gallon, and rises gradually to $3.83 by 

the year 2035 (these values include 

Federal, State and local taxes). However, 

the agency’s analysis of the value of fuel 

savings over the lifetimes of MY 2012– 

2016 cars and light trucks requires 

forecasts extending through calendar 

year 2050, approximately the last year 

during which a significant number of 

MY 2016 vehicles will remain in 

service. To obtain fuel price forecasts for 

the years 2036 through 2050, the agency 

assumes that retail fuel prices will 

continue to increase after 2035 at the 

average annual rates projected for 2025 

through 2035 in the AEO 2010 Early 

Release Reference Case.603 This 

assumption results in a projected retail 

price of gasoline that reaches $4.49 in 

2007 dollars during the year 2050. 

The value of fuel savings resulting 

from improved fuel economy to buyers 

of light-duty vehicles is determined by 

the retail price of fuel, which includes 

Federal, State, and any local taxes 

imposed on fuel sales. The agency has 

updated the estimates of gasoline taxes 

it employed in the NPRM using the 

recent data on State fuel tax rates; 

expressed in 2007 dollars, Federal 

gasoline taxes are currently $0.178, 

while State and local gasoline taxes 

together average $0.231 per gallon, for a 

total tax burden of $0.401 per gallon. 

Because fuel taxes represent transfers of 

resources from fuel buyers to 

government agencies, however, rather 

than real resources that are consumed in 

the process of supplying or using fuel, 

NHTSA deducts their value from retail 

fuel prices to determine the true value 

of fuel savings resulting from more 

stringent CAFE standards to the U.S. 

economy. 

NHTSA follows the assumptions used 

by EIA in AEO 2010 Early Release that 

State and local gasoline taxes will keep 

pace with inflation in nominal terms, 

and thus remain constant when 

expressed in constant dollars. In 

contrast, EIA assumes that Federal 

gasoline taxes will remain unchanged in 

nominal terms, and thus decline 

throughout the forecast period when 

expressed in constant dollars. These 

differing assumptions about the likely 

future behavior of Federal and State/ 

local fuel taxes are consistent with 

recent historical experience, which 

reflects the fact that Federal as well as 

most State motor fuel taxes are specified 

on a cents-per-gallon rather than an ad 

valorem basis, and typically require 

legislation to change. The projected 

value of total taxes is deducted from 

each future year’s forecast of retail 

gasoline and diesel prices to determine 

the economic value of each gallon of 

fuel saved during that year as a result of 

improved fuel economy. Subtracting 

fuel taxes from the retail prices forecast 

in AEO 2010 Early Release results in a 

projected value for saving gasoline of 

$2.04 per gallon during 2010, rising to 

$3.48 per gallon by the year 2035,and 

averaging $2.91 over this 25-year period. 

Although the Early Release of AEO 

2010 contains only the Reference Case 

forecast, EIA includes ‘‘High Price Case’’ 

and ‘‘Low Price Case’’ forecasts in each 

year’s complete AEO, which reflect 

uncertainties regarding future levels of 

oil production and demand. For this 

final rule, NHTSA has continued to use 

the most recent ‘‘High Price Case’’ and 

‘‘Low Price Case’’ forecasts available, 

which are those from AEO 2009. While 

NHTSA recognizes that these forecasts 

are not probabilistic, as NADA 

commented, we continue to believe that 

using them for sensitivity analyses 

provides valuable information for 

agency decision-makers, because it 

illustrates the sensitivity of the rule’s 

primary economic benefit resulting from 

uncertainty about future growth in 

world demand for petroleum energy and 

the strategic behavior of oil suppliers. 

These alternative scenarios project 

retail gasoline prices that range from a 

low of $2.02 to a high of $5.04 per 

gallon during 2020, and from $2.04 to 

$5.47 per gallon during 2030 (all figures 

in 2007 dollars). In conjunction with 

our assumption that fuel taxes will 

remain constant in real or inflationadjusted terms over this period, these 

forecasts imply pre-tax values of saving 

fuel ranging from $1.63 to $4.65 per 

gallon during 2020, and from $1.66 to 

$5.09 per gallon in 2030 (again, all 

figures are in constant 2007 dollars). In 

conducting the analysis of uncertainty 

in benefits and costs from alternative 

CAFE standards required by OMB, 

NHTSA evaluated the sensitivity of its 

benefits estimates to these alternative 

forecasts of future fuel prices. Detailed 

mstockstill on DSKB9S0YB1PROD with RULES2

Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 25585 

604 Vehicles are defined to be of age 1 during the 

calendar year corresponding to the model year in 

which they are produced; thus for example, model 

year 2000 vehicles are considered to be of age 1 

during calendar year 2000, age 2 during calendar 

year 2001, and to reach their maximum age of 26 

years during calendar year 2025. NHTSA considers 

the maximum lifetime of vehicles to be the age after 

which less than 2 percent of the vehicles originally 

produced during a model year remain in service. 

Applying these conventions to vehicle registration 

data indicates that passenger cars have a maximum 

age of 26 years, while light trucks have a maximum 

lifetime of 36 years. See Lu, S., NHTSA, Regulatory 

Analysis and Evaluation Division, ‘‘Vehicle 

Survivability and Travel Mileage Schedules,’’ DOT 

HS 809 952, 8–11 (January 2006). Available at 

http://www-nrd.nhtsa.dot.gov/Pubs/809952.pdf 

(last accessed March 1, 2010). 

605Available at http://www.eia.doe.gov/oiaf/aeo/

index.html (last accessed March 15, 2010). NHTSA 

and EPA made the simplifying assumption that 

projected sales of cars and light trucks during each 

calendar year from 2012 through 2016 represented 

the likely production volumes for the 

corresponding model year. The agency did not 

attempt to establish the exact correspondence 

between projected sales during individual calendar 

years and production volumes for specific model 

years. 

606Because AEO 2009’s ‘‘car’’ and ‘‘truck’’ classes 

did not reflect NHTSA’s recent reclassification (in 

March 2009 for enforcement beginning MY 2011) of 

many two wheel drive SUVs from the nonpassenger 

(i.e., light truck) fleet to the passenger car fleet, EPA 

staff made adjustments to account for such vehicles 

in the baseline. 

607EPA also considered other sources of similar 

information, such as J.D. Powers, and concluded 

that CSM was better able to provide forecasts at the 

requisite level of detail for most of the model years 

of interest. 

results and discussion of this sensitivity 

analysis can be found in the FRIA. 

Generally, however, this analysis 

confirmed that as several commenters 

suggested, the primary economic benefit 

resulting from the rule—the value of 

fuel savings—is quite sensitive to 

forecast fuel prices. 

e. Consumer Valuation of Fuel Economy 

and Payback Period 

In estimating the impacts on vehicle 

sales that would result from alternative 

CAFE standards to potential vehicle 

buyers, NHTSA assumes, as in the MY 

2011 final rule, that potential vehicle 

buyers value the resulting fuel savings 

over only part of the expected lifetime 

of the vehicles they purchase. 

Specifically, we assume that buyers 

value fuel savings over the first five 

years of a new vehicle’s lifetime, and 

discount the value of these future fuel 

savings at a 3 percent annual rate. The 

five-year figure represents 

approximately the current average term 

of consumer loans to finance the 

purchase of new vehicles. We recognize 

that the period over which individual 

buyers finance new vehicle purchases 

may not correspond exactly to the time 

horizons they apply in valuing fuel 

savings from higher fuel economy. 

The agency deducts the discounted 

present value of fuel savings over the 

first five years of a vehicle model’s 

lifetime from the technology costs 

incurred by its manufacturer to improve 

that model’s fuel economy to determine 

the increase in its ‘‘effective price’’ to 

buyers. The Volpe model uses these 

estimates of effective costs for 

increasing the fuel economy of each 

vehicle model to identify the order in 

which manufacturers would be likely to 

select models for the application of fuel 

economy-improving technologies in 

order to comply with stricter standards. 

The average value of the resulting 

increase in effective cost from each 

manufacturer’s simulated compliance 

strategy is also used to estimate the 

impact of alternative standards on its 

total sales for future model years. 

One commenter, NADA, supported 

the agency’s assumption of a five-year 

period for buyers’ valuation of fuel 

economy, on the basis that the 

considerable majority of consumers seek 

to recoup costs quickly. However, 

NADA also encouraged the agencies to 

ensure that purchaser finance costs, 

opportunity costs of vehicle ownership, 

and increased maintenance costs were 

accounted for. Another commenter, 

James Adcock, argued that the 

assumption of a five-year period was 

irrational, because it did not account for 

the fact that first purchasers will be able 

to sell a higher-mpg vehicle for more 

money than a lower-mpg vehicle. 

In response to these comments, the 

agency notes that it estimates the 

aggregate value to the U.S. economy of 

fuel savings resulting from alternative 

standards—or their ‘‘social’’ value—over 

the entire expected lifetimes of vehicles 

manufactured under those standards, 

rather than over the shorter 5-year 

‘‘payback period’’ we assume that 

manufacturers employ to represent the 

preferences of vehicle buyers. The 5- 

year payback period is only utilized to 

identify the likely sequence of 

improvements in fuel economy that 

manufacturers are likely to make to their 

different vehicle models. The procedure 

the agency uses for calculating lifetime 

fuel savings is discussed in detail in the 

following section, while alternative 

assumptions about the time horizon 

over which potential buyers consider 

fuel savings in their vehicle purchasing 

decisions are analyzed and discussed in 

detail in Section IV.G.6 below. 

Valuing fuel savings over vehicles’ 

entire lifetimes in effect recognizes the 

gains that future vehicle owners will 

receive, even if initial purchasers of 

higher-mpg models are not able to 

recover the entire remaining value of 

fuel savings when they re-sell those 

vehicles. The agency acknowledges, 

however, that it has not accounted for 

any effects of increased financing costs 

for purchasing vehicles with higher fuel 

economy or increased expenses for 

maintaining them on benefits to vehicle 

owners, over either the short-run 

payback period or the full lifetimes of 

vehicles. 

f. Vehicle Survival and Use 

Assumptions 

NHTSA’s first step in estimating 

lifetime fuel consumption by vehicles 

produced during a model year is to 

calculate the number expected to 

remain in service during each year 

following their production and sale.604

This is calculated by multiplying the 

number of vehicles originally produced 

during a model year by the proportion 

typically expected to remain in service 

at their age during each later year, often 

referred to as a ‘‘survival rate.’’ 

As discussed in more detail in Section 

II.B.3 above and in Chapter 1 of the 

TSD, to estimate production volumes of 

passenger cars and light trucks for 

individual manufacturers, NHTSA 

relied on a baseline market forecast 

constructed by EPA staff beginning with 

MY 2008 CAFE certification data. After 

constructing a MY 2008 baseline, EPA 

and NHTSA used projected car and 

truck volumes for this period from 

Energy Information Administration’s 

(EIA’s) Annual Energy Outlook (AEO) 

2009 in the NPRM analysis.605 For the 

analysis supporting this final rule, 

NHTSA substituted the revised forecasts 

of total volume reported in EIA’s 

Annual Energy Outlook 2010 Early 

Release. However, Annual Energy 

Outlook forecasts only total car and 

light truck sales, rather than sales at the 

manufacturer and model-specific level, 

which the agencies require in order to 

estimate the effects new standards will 

have on individual manufacturers.606

To estimate sales of individual car 

and light truck models produced by 

each manufacturer, EPA purchased data 

from CSM Worldwide and used its 

projections of the number of vehicles of 

each type (car or truck) that will be 

produced and sold by manufacturers in 

model years 2011 through 2015.607 This 

provided year-by-year estimates of the 

percentage of cars and trucks sold by 

each manufacturer, as well as the sales 

percentages accounted for by each 

vehicle market segment. (The 

distributions of car and truck sales by 

manufacturer and by market segment for 

the 2016 model year and beyond were 

assumed to be the same as CSM’s 

forecast for the 2015 calendar year.) 

Normalizing these percentages to the 

mstockstill on DSKB9S0YB1PROD with RULES2

25586 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 

608Lu, S., NHTSA, Regulatory Analysis and 

Evaluation Division, ‘‘Vehicle Survivability and 

Travel Mileage Schedules,’’ DOT HS 809 952, 8–11 

(January 2006). Available at http://www-nrd.nhtsa.

dot.gov/Pubs/809952.pdf (last accessed March 1, 

2010). These updated survival rates suggest that the 

expected lifetimes of recent-model passenger cars 

and light trucks are 13.8 and 14.5 years. 

609For a description of the Survey, See http://

nhts.ornl.gov/quickStart.shtml (last accessed March 

1, 2010). 

610This approach differs from that used in the 

MY 2011 final rule, where it was assumed that 

future growth in the total number of cars and light 

trucks in use resulting from projected sales of new 

vehicles was adequate by itself to account for 

growth in total vehicle use, without assuming 

continuing growth in average vehicle use. 

611While the adjustment for future fuel prices 

reduces average mileage at each age from the values 

derived from the 2001 NHTS, the adjustment for 

expected future growth in average vehicle use 

increases it. The net effect of these two adjustments 

is to increase expected lifetime mileage by about 18 

percent significantly for both passenger cars and 

about 16 percent for light trucks. 

612To illustrate these calculations, the agency’s 

adjustment of the AEO 2009 Revised Reference Case 

forecast indicates that 9.26 million passenger cars 

will be produced during 2012, and the agency’s 

updated survival rates show that 83 percent of these 

vehicles, or 7.64 million, are projected to remain in 

service during the year 2022, when they will have 

reached an age of 10 years. At that age, passenger 

achieving the fuel economy level they are projected 

to achieve under the Baseline alternative are driven 

an average of about 800 miles, so surviving model 

year 2012 passenger cars will be driven a total of 

82.5 billion miles (= 7.64 million surviving vehicles 

× 10,800 miles per vehicle) during 2022. Summing 

the results of similar calculations for each year of 

their 26-year maximum lifetime, model year 2012 

passenger cars will be driven a total of 1,395 billion 

miles under the Baseline alternative. Under that 

alternative, they are projected to achieve a test fuel 

economy level of 32.4 mpg, which corresponds to 

actual on-road fuel economy of 25.9 mpg (= 32.4 

mpg × 80 percent). Thus their lifetime fuel use 

under the Baseline alternative is projected to be 

53.9 billion gallons (= 1,395 billion miles divided 

by 25.9 miles per gallon). 

613Some studies estimate that the long-run 

rebound effect is significantly larger than the 

immediate response to increased fuel efficiency. 

Although their estimates of the adjustment period 

required for the rebound effect to reach its long-run 

magnitude vary, this long-run effect is most 

appropriate for evaluating the fuel savings and 

emissions reductions resulting from stricter 

standards that would apply to future model years. 

614For details of the agency’s analysis, see 

Chapter VIII of the PRIA and Chapter 4 of the draft 

Joint TSD accompanying this proposed rule. 

total car and light truck sales volumes 

projected for 2012 through 2016 in AEO 

2009 provided manufacturer-specific 

market share and model-specific sales 

estimates for those model years. The 

volumes were then scaled to AEO 2010 

total volume for each year. 

To estimate the number of passenger 

cars and light trucks originally 

produced during model years 2012 

through 2016 that will remain in use 

during each subsequent year, the agency 

applied age-specific survival rates for 

cars and light trucks to these adjusted 

forecasts of passenger car and light truck 

sales. In 2008, NHTSA updated its 

previous estimates of car and light truck 

survival rates using the most current 

registration data for vehicles produced 

during recent model years, in order to 

ensure that they reflected recent 

increases in the durability and expected 

life spans of cars and light trucks.608

The next step in estimating fuel use 

is to calculate the total number of miles 

that model year 2012–2016 cars and 

light trucks remaining in use will be 

driven each year. To estimate total miles 

driven, the number projected to remain 

in use during each future year is 

multiplied by the average number of 

miles they are expected to be driven at 

the age they will reach in that year. The 

agency estimated annual usage of cars 

and light trucks of each age using data 

from the Federal Highway 

Administration’s 2001 National 

Household Transportation Survey 

(NHTS).609 Because these estimates 

reflect the historically low gasoline 

prices that prevailed at the time the 

2001 NHTS was conducted, however, 

NHTSA adjusted them to account for 

the effect on vehicle use of subsequent 

increases in fuel prices. Details of this 

adjustment are provided in Chapter VIII 

of the FRIA and Chapter 4 of the Joint 

TSD. 

Increases in average annual use of 

cars and light trucks have been an 

important source of historical growth in 

the total number of miles they are 

driven each year. To estimate future 

growth in their average annual use for 

purposes of this rulemaking, NHTSA 

calculated the rate of growth in the 

adjusted mileage schedules derived 

from the 2001 NHTS necessary for total 

car and light truck travel to increase at 

the rate forecast in the AEO 2010 Early 

Release Reference Case.610 This rate was 

calculated to be consistent with future 

changes in the overall size and age 

distributions of the U.S. passenger car 

and light truck fleets that result from the 

agency’s forecasts of total car and light 

truck sales and updated survival rates. 

The resulting growth rate in average 

annual car and light truck use of 1.15 

percent per year was applied to the 

mileage figures derived from the 2001 

NHTS to estimate annual mileage 

during each year of the expected 

lifetimes of MY 2012–2016 cars and 

light trucks.611

Finally, the agency estimated total 

fuel consumption by passenger cars and 

light trucks remaining in use each year 

by dividing the total number of miles 

surviving vehicles are driven by the fuel 

economy they are expected to achieve 

under each alternative CAFE standard. 

Each model year’s total lifetime fuel 

consumption is the sum of fuel use by 

the cars or light trucks produced during 

that model year during each year of 

their life spans. In turn, the savings in 

a model year’s lifetime fuel use that will 

result from each alternative CAFE 

standard is the difference between its 

lifetime fuel use at the fuel economy 

level it attains under the Baseline 

alternative, and its lifetime fuel use at 

the higher fuel economy level it is 

projected to achieve under that 

alternative standard.612

NHTSA and EPA received no 

comments on their respective NPRMs 

indicating that these assumptions 

should be updated or reconsidered. 

Thus the agencies have continued to 

employ them in the analysis supporting 

this final rule. 

g. Accounting for the Fuel Economy 

Rebound Effect 

The fuel economy rebound effect 

refers to the fraction of fuel savings 

expected to result from an increase in 

vehicle fuel economy—particularly an 

increase required by the adoption of 

higher CAFE standards—that is offset by 

additional vehicle use. The increase in 

vehicle use occurs because higher fuel 

economy reduces the fuel cost of 

driving, typically the largest single 

component of the monetary cost of 

operating a vehicle, and vehicle owners 

respond to this reduction in operating 

costs by driving slightly more. By 

lowering the marginal cost of vehicle 

use, improved fuel economy may lead to 

an increase in the number of miles 

vehicles are driven each year and over 

their lifetimes. Even with their higher 

fuel economy, this additional driving 

consumes some fuel, so the rebound 

effect reduces the net fuel savings that 

result when new CAFE standards 

require manufacturers to improve fuel 

economy. 

The magnitude of the rebound effect 

is an important determinant of the 

actual fuel savings that are likely to 

result from adopting stricter CAFE 

standards. Research on the magnitude of 

the rebound effect in light-duty vehicle 

use dates to the early 1980s, and 

generally concludes that a statistically 

significant rebound effect occurs when 

vehicle fuel efficiency improves.613 The 

agency reviewed studies of the rebound 

effect it had previously relied upon, 

considered more recently published 

estimates, and developed new estimates 

of its magnitude for purposes of the 

NPRM.614 Recent studies provide some 

evidence that the rebound effect has 

been declining over time, and may 

decline further over the immediate 

future if incomes rise faster than 

gasoline prices. This result appears 

mstockstill on DSKB9S0YB1PROD with RULES2

Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 25587 

615The agency used several different model 

specifications and estimation procedures to control 

for the effect of fuel prices on fuel efficiency in 

order to obtain accurate estimates of the rebound 

effect. 

plausible, because the responsiveness of 

vehicle use to variation in fuel costs is 

expected to decline as they account for 

a smaller proportion of the total 

monetary cost of driving, which has 

been the case until very recently. At the 

same time, rising personal incomes 

would be expected to reduce the 

sensitivity of vehicle use to fuel costs as 

the time component of driving costs— 

which is likely to be related to income 

levels—accounts for a larger fraction the 

total cost of automobile travel. 

NHTSA developed new estimates of 

the rebound effect by using national 

data on light-duty vehicle travel over 

the period from 1950 through 2006 to 

estimate various econometric models of 

the relationship between vehicle milestraveled and factors likely to influence 

it, including household income, fuel 

prices, vehicle fuel efficiency, road 

supply, the number of vehicles in use, 

vehicle prices, and other factors.615 The 

results of NHTSA’s analysis are 

consistent with the findings from other 

recent research: the average long-run 

rebound effect ranged from 16 percent 

to 30 percent over the period from 1950 

through 2007, while estimates of the 

rebound effect in 2007 range from 8 

percent to 14 percent. Projected values 

of the rebound effect for the period from 

2010 through 2030, which the agency 

developed using forecasts of personal 

income, fuel prices, and fuel efficiency 

from AEO 2009’s Reference Case, range 

from 4 percent to 16 percent, depending 

on the specific model used to generate 

them. 

In light of these results, the agency’s 

judgment is that the apparent decline 

over time in the magnitude of the 

rebound effect justifies using a value for 

future analysis that is lower than 

historical estimates, which average 15– 

25 percent. Because the lifetimes of 

vehicles affected by the alternative 

CAFE standards considered in this 

rulemaking will extend from 2012 until 

nearly 2050, a value that is significantly 

lower than historical estimates appears 

to be appropriate. Thus NHTSA used a 

10 percent rebound effect in its analysis 

of fuel savings and other benefits from 

higher CAFE standards for the NPRM. 

The agency also sought comment on 

other alternatives for estimating the 

rebound effect, such as whether it 

would be appropriate to use the price 

elasticity of demand for gasoline, or 

other alternative approaches, to guide 

the choice of a value for the rebound 

effect. 

NHTSA and EPA received far fewer 

comments on the rebound effect than 

were previously received to CAFE 

rulemakings. Only one commenter, NJ 

DEP, expressly supported the agencies’ 

assumption of 10 percent for the 

rebound effect; other commenters 

(CARB, CBD, ICCT) argued that 10 

percent should be the absolute 

maximum value and that the rebound 

effect assumed by the agencies should 

be lower, and would also be expected to 

decline over time. ICCT added that the 

price elasticity of gasoline demand 

could be a useful comparison for the 

rebound effect, but should not be used 

to derive it. Other commenters argued 

that a rebound effect either was unlikely 

to occur (James Hyde), or was unlikely 

to produce a uniform increase in use of 

all vehicles with improved fuel 

economy (Missouri DNR). NADA 

argued, in contrast, that the agencies 

had not provided sufficient justification 

for lowering the rebound effect to 10 

percent from the ‘‘historically justified’’ 

range of 15 to 30 percent. 

The agency’s interpretation of 

historical and recent evidence on the 

magnitude of the rebound effect is that 

a significant fuel economy rebound 

effect exists, and commenters did not 

provide any additional data or analysis 

to justify revising our initial estimates of 

the rebound effect. Therefore, the data 

available at this time do not justify 

using a rebound effect below the 10 

percent figure employed in its NPRM 

analysis. NHTSA believes that 

projections of a continued decline in the 

magnitude of the rebound effect are 

unrealistic because they assume the rate 

at which it declines in response to 

increasing incomes remain constant, 

and in some cases imply that the 

rebound effect will become negative in 

the near future. In addition, the 

continued increases in fuel prices used 

in this analysis will tend to increase the 

magnitude of the rebound effect, thus 

offsetting part of the effect of rising 

incomes. As the preceding discussion 

indicates, there is a wide range of 

estimates for both the historical 

magnitude of the rebound effect and its 

projected future value, and there is 

some evidence that the magnitude of the 

rebound effect appears to be declining 

over time. Nevertheless, NHTSA 

requires a single point estimate for the 

rebound effect as an input to its 

analysis, although a range of estimates 

can be used to test the sensitivity to 

uncertainty about its exact magnitude. 

For the final rule, NHTSA chose to use 

10 percent as its primary estimate of the 

rebound effect, with a range of 5–15 

percent for use in sensitivity testing. 

The 10 percent figure is well below 

those reported in almost all previous 

research, and it is also below most 

estimates of the historical and current 

magnitude of the rebound effect 

developed by NHTSA. However, other 

recent research—particularly that 

conducted by Small and Van Dender 

and by Greene—reports persuasive 

evidence that the magnitude of the 

rebound effect is likely to be declining 

over time, and the forecasts developed 

by NHTSA also suggest that this is 

likely to be the case. As a consequence, 

NHTSA concluded that a value below 

the historical estimates reported here is 

likely to provide a more reliable 

estimate of its magnitude during the 

future period spanned by NHTSA’s 

analysis of the impacts of this rule. The 

10 percent estimate meets this 

condition, since it lies below the 15–30 

percent range of estimates for the 

historical rebound effect reported in 

most previous research, and at the 

upper end of the 5–10 percent range of 

estimates for the future rebound effect 

reported in the recent studies by Small 

and Van Dender and by Greene. It also 

lies within the 3–16 percent range of 

forecasts of the future magnitude of the 

rebound effect developed by NHTSA in 

its recent research. In summary, the 10 

percent value was not derived from a 

single point estimate from a particular 

study, but instead represents a 

reasonable compromise between the 

historical estimates and the projected 

future estimates. NHTSA will continue 

to review this estimate of the rebound 

effect in future rulemakings, but the 

agency has continued to use the 10 

percent rebound effect over the entire 

future period spanned by the analysis it 

conducted for this final rule. 

h. Benefits From Increased Vehicle Use 

The increase in vehicle use from the 

rebound effect provides additional 

benefits to their owners, who may make 

more frequent trips or travel farther to 

reach more desirable destinations. This 

additional travel provides benefits to 

drivers and their passengers by 

improving their access to social and 

economic opportunities away from 

home. As evidenced by their decisions 

to make more frequent or longer trips 

when improved fuel economy reduces 

their costs for driving, the benefits from 

this additional travel exceed the costs 

drivers and passengers incur in making 

more frequent or longer trips. 

The agency’s analysis estimates the 

economic benefits from increased 

rebound-effect driving as the sum of fuel 

costs drivers incur plus the consumer 

surplus they receive from the additional 

mstockstill on DSKB9S0YB1PROD with RULES2

25588 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 

616The consumer surplus provided by added 

travel is estimated as one-half of the product of the 

decline in fuel cost per mile and the resulting 

increase in the annual number of miles driven. 

617 If manufacturers respond to improved fuel 

economy by reducing the size of fuel tanks to 

maintain a constant driving range, the resulting cost 

saving will presumably be reflected in lower 

vehicle sales prices. 

618See Department of Transportation, Guidance 

Memorandum, ‘‘The Value of Saving Travel Time: 

Departmental Guidance for Conducting Economic 

Evaluations,’’ Apr. 9, 1997. http://ostpxweb.dot.gov/ 

policy/Data/VOT97guid.pdf (last accessed March 1, 

2010); update available at http://ostpxweb.dot.gov/ 

policy/Data/VOTrevision1_2-11-03.pdf (last 

accessed March 1, 2010). 

619The hourly wage rate during 2008 is estimated 

to average $25.50 when expressed in 2007 dollars. 

Personal travel in urban areas (which represents 94 

percent of urban travel) is valued at 50 percent of 

the hourly wage rate, while business travel (the 

remaining 6 percent of urban travel) is valued at 

100 percent of the hourly wage rate. For intercity 

travel, personal travel (87 percent of total intercity 

travel) is valued at 70 percent of the wage rate, 

while business travel (13 percent) is valued at 100 

percent of the wage rate. The resulting values of 

travel time are $12.67 for urban travel and $17.66 

for intercity travel, and must be multiplied by 

vehicle occupancy (1.6) to obtain the estimated 

values of time per vehicle hour in urban and rural 

driving. Finally, about 66% of driving occurs in 

urban areas, while the remaining 34% takes place 

in rural areas, and these percentages are used to 

calculate a weighted average of the value of time 

in all driving. 

620These 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 March 1, 2010). 

accessibility it provides.616 Because the 

increase in travel depends on the extent 

of improvement in fuel economy, the 

value of benefits it provides differs 

among model years and alternative 

CAFE standards. Under even those 

alternatives that would impose the 

highest standards, however, the 

magnitude of these benefits represents a 

small fraction of total benefits. Because 

no comments addressed this issue of 

benefits from increased vehicle use or 

the procedure used to estimate them, 

the agencies have finalized their 

proposed assumptions for purposes of 

the final rule analysis. 

i. The Value of Increased Driving Range 

Improving vehicles’ fuel economy 

may also increase their driving range 

before they require refueling. By 

reducing the frequency with which 

drivers typically refuel, and by 

extending the upper limit of the range 

they can travel before requiring 

refueling, improving fuel economy thus 

provides some additional benefits to 

their owners.617 NHTSA re-examined 

this issue for purposes of this 

rulemaking, and found no information 

in comments or elsewhere that would 

cause the agency to revise its previous 

approach. Since no direct estimates of 

the value of extended vehicle range are 

available, NHTSA calculates directly the 

reduction in the annual number of 

required refueling cycles that results 

from improved fuel economy, and 

applies DOT-recommended values of 

travel time savings to convert the 

resulting time savings to their economic 

value.618

As an illustration, a typical small light 

truck model has an average fuel tank 

size of approximately 20 gallons. 

Assuming that drivers typically refuel 

when their tanks are 55 percent full (i.e., 

11 gallons in reserve), increasing this 

model’s actual on-road fuel economy 

from 24 to 25 mpg would extend its 

driving range from 216 miles (= 9 

gallons × 24 mpg) to 225 miles (= 9 

gallons × 25 mpg). Assuming that it is 

driven 12,000 miles/year, this reduces 

the number of times it needs to be 

refueled each year from 55.6 (= 12,000 

miles per year/216 miles per refueling) 

to 53.3 (= 12,000 miles per year/225 

miles per refueling), or by 2.3 refuelings 

per year. 

Weighted by the nationwide mix of 

urban and rural driving, personal and 

business travel in urban and rural areas, 

and average vehicle occupancy for 

driving trips, the DOT-recommended 

values of travel time per vehicle-hour is 

$24.64 (in 2007 dollars).619Assuming 

that locating a station and filling up 

requires a total of five minutes, the 

annual value of time saved as a result 

of less frequent refueling amounts to 

$4.72 (calculated as 5/60 × 2.3 × $24.64). 

This calculation is repeated for each 

future year that model year 2012–2016 

cars and light trucks would remain in 

service. Like fuel savings and other 

benefits, the value of this benefit 

declines over a model year’s lifetime, 

because a smaller number of vehicles 

originally produced during that model 

year remain in service each year, and 

those remaining in service are driven 

fewer miles. 

Although the agencies received no 

public comments on the procedures 

they used to estimate the benefits from 

less frequent refueling or the magnitude 

of those benefits, we note also that the 

estimated value of less frequent 

refueling events is subject to a number 

of uncertainties which we discuss in 

detail in Chapter 4.1.11 of the Joint TSD, 

and the actual value could be higher or 

lower than the value presented here. 

Specifically, the analysis makes three 

assumptions: (a) That manufacturers 

will not adjust fuel tank capacities 

downward (from the current average of 

19.3 gallons) when they improve the 

fuel economy of their vehicle models. 

(b) that the average fuel purchase (55 

percent of fuel tank capacity) is the 

typical fuel purchase. (c) that 100 

percent of all refueling is demandbased; i.e., that every gallon of fuel 

which is saved would reduce the need 

to return to the refueling station. 

NHTSA has planned a new research 

project which will include a detailed 

study of refueling events, and which is 

expected to improve upon these 

assumptions. These assumptions and 

the upcoming research project are 

discussed in detail in Joint TSD Chapter 

4.2.10, as well as in Chapter VIII of 

NHTSA’s FRIA. 

j. Added Costs From Congestion, 

Crashes and Noise 

Increased vehicle use associated with 

the rebound effect also contributes to 

increased traffic congestion, motor 

vehicle accidents, and highway noise. 

NHTSA relies on estimates of per-mile 

congestion, accident, and noise costs 

caused by increased use of automobiles 

and light trucks developed by the 

Federal Highway Administration to 

estimate these increased costs.620

NHTSA employed these estimates 

previously in its analysis accompanying 

the MY 2011 final rule, and after 

reviewing the procedures used by 

FHWA to develop them and considering 

other available estimates of these values, 

continues to find them appropriate for 

use in this final rule. The agency 

multiplies FHWA’s estimates of permile costs by the annual increases in 

automobile and light truck use from the 

rebound effect to yield the estimated 

increases in congestion, accident, and 

noise externality costs during each 

future year. 

One commenter, Inrix, Inc., stated 

that ‘‘deeply connected vehicles,’’ i.e., 

those with built-in computer systems to 

help drivers identify alternative routes 

to avoid congestion, are better able to 

avoid congestion than conventional 

vehicles. The commenter argued that 

increased use of these models may be 

less likely to contribute to increased 

congestion, and urged the agencies to 

consider the impact of this on their 

estimates of fuel use and GHG 

emissions. NHTSA notes that the 

number of such vehicles is extremely 

small at present, and is likely to remain 

modest for the model years affected by 

this rule, and has thus continued to 

employ the estimates of congestion costs 

from additional rebound-effect vehicle 

use that it utilized in the NPRM 

analysis. The agency recognizes that 

these vehicles may become sufficiently 

common in the future that their effect 

on the fuel economy drivers actually 

experience could become significant, 

but notes that to the extent this occurs, 

mstockstill on DSKB9S0YB1PROD with RULES2

Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 25589 

621See, e.g., Bohi, Douglas R. and W. David 

Montgomery (1982). Oil Prices, Energy Security, 

and Import Policy Washington, DC: Resources for 

the Future, Johns Hopkins University Press; Bohi, 

D.R., and M.A. Toman (1993). ‘‘Energy and Security: 

Externalities and Policies,’’ Energy Policy 21:1093– 

1109 (Docket NHTSA–2009–0062–24); and Toman, 

M.A. (1993). ‘‘The Economics of Energy Security: 

Theory, Evidence, Policy,’’ in A.V. Kneese and J.L. 

Sweeney, eds. (1993) (Docket NHTSA–2009–0062– 

23). Handbook of Natural Resource and Energy 

Economics, Vol. III. Amsterdam: North-Holland, pp. 

1167–1218. 

622Leiby, Paul N., Donald W. Jones, T. Randall 

Curlee, and Russell Lee, Oil Imports: An 

Assessment of Benefits and Costs, ORNL–6851, Oak 

Ridge National Laboratory, November 1, 1997. 

Available at http://pzl1.ed.ornl.gov/ORNL6851.pdf 

(last accessed March 1, 2010). 623Leiby, Paul N. ‘‘Estimating the Energy Security 

Benefits of Reduced U.S. Oil Imports,’’ Oak Ridge 

National Laboratory, ORNL/TM–2007/028, Revised 

July 23, 2007. Available at http://pzl1.ed.ornl.gov/ 

energysecurity.html (click on link below ‘‘Oil 

Imports Costs and Benefits’’) (last accessed March 

1, 2010). 624Peer Review Report Summary: Estimating the 

Energy Security Benefits of Reduced U.S. Oil 

Imports, ICF, Inc., September 2007. Available at 

Docket No. NHTSA–2009–0059–0160. 

625The reduction in payments from U.S. oil 

purchasers to domestic petroleum producers is not 

included as a benefit, since it represents a transfer 

that occurs entirely within the U.S. economy. 

it would be reflected in the gap between 

test and on-road fuel economy. NHTSA 

will continue to monitor the production 

of such vehicles and their 

representation in the vehicle fleet in its 

future rulemakings. 

k. Petroleum Consumption and Import 

Externalities 

U.S. consumption and imports of 

petroleum products also impose costs 

on the domestic economy that are not 

reflected in the market price for crude 

petroleum, or in the prices paid by 

consumers of petroleum products such 

as gasoline. These costs include (1) 

higher prices for petroleum products 

resulting from the effect of U.S. oil 

import demand on the world oil price; 

(2) the risk of disruptions to the U.S. 

economy caused by sudden reductions 

in the supply of imported oil to the U.S.; 

and (3) expenses for maintaining a U.S. 

military presence to secure imported oil 

supplies from unstable regions, and for 

maintaining the strategic petroleum 

reserve (SPR) to cushion against 

resulting price increases.621

Higher U.S. imports of crude oil or 

refined petroleum products increase the 

magnitude of these external economic 

costs, thus increasing the true economic 

cost of supplying transportation fuels 

above their market prices. Conversely, 

lowering U.S. imports of crude 

petroleum or refined fuels by reducing 

domestic fuel consumption can reduce 

these external costs, and any reduction 

in their total value that results from 

improved fuel economy represents an 

economic benefit of more stringent 

CAFE standards, in addition to the 

value of saving fuel itself. 

NHTSA has carefully reviewed its 

assumptions regarding the appropriate 

value of these benefits for this final rule. 

In analyzing benefits from its recent 

actions to increase light truck CAFE 

standards for model years 2005–07 and 

2008–11, NHTSA relied on a 1997 study 

by Oak Ridge National Laboratory 

(ORNL) to estimate the value of reduced 

economic externalities from petroleum 

consumption and imports.622 More 

recently, ORNL updated its estimates of 

the value of these externalities, using 

the analytic framework developed in its 

original 1997 study in conjunction with 

recent estimates of the variables and 

parameters that determine their 

value.623 The updated ORNL study was 

subjected to a detailed peer review 

comissioned by EPA, and ORNL’s 

estimates of the value of oil import 

externalities were subsequently revised 

to reflect their comments and 

recommendations of the peer 

reviewers.624 Finally, at the request of 

EPA, ORNL further revised its 2008 

estimates of external costs from U.S. oil 

imports to reflect recent changes in the 

outlook for world petroleum prices, as 

well as continuing changes in the 

structure and characteristics of global 

petroleum supply and demand. 

These most recent revisions increase 

ORNL’s estimates of the ‘‘monopsony 

premium’’ associated with U.S. oil 

imports, which measures the increase in 

payments from U.S. oil purchasers to 

foreign oil suppliers beyond the 

increased purchase price of petroleum 

itself that results when increased U.S. 

import demand raises the world price of 

petroleum.625 However, the monopsony 

premium represents a financial transfer 

from consumers of petroleum products 

to oil producers, which does not entail 

the consumption of real economic 

resources. Thus reducing the magnitude 

of the monopsony premium produces 

no savings in real economic resources 

globally or domestically, although it 

does reduce the value of the financial 

transfer from U.S. consumers of 

petroleum products to foreign suppliers 

of petroleum. Accordingly, NHTSA’s 

analysis of the benefits from adopting 

proposed CAFE standards for MY 2012– 

2016 cars and light trucks excluded the 

reduced value of monopsony payments 

by U.S. oil consumers that might result 

from lower fuel consumption by these 

vehicles. The agency sought comment 

on whether it would be reasonable to 

include the reduction in monopsony 

payments by U.S. consumers of 

petroleum products in their estimates of 

total economic benefits from reducing 

U.S. fuel consumption. 

Commenters from NYU School of Law 

argued that monopsony payments 

should be treated as a distributional 

effect, not a standard efficiency benefit. 

An individual commenter, A.G. Fraas, 

also supported the agencies’ exclusion 

of the monopsony benefit, arguing that 

it represents a pecuniary externality that 

should not be considered in benefit-cost 

analyses of governmental actions— 

again, in essence, that it represents a 

distributional effect. These comments 

support the agency’s decision to exclude 

any reduction in monopsony premium 

payments that results from lower U.S. 

petroleum imports from its accounting 

of benefits from reduced fuel 

consumption. Thus the agency 

continues to exclude any reduction in 

monopsony premium payments from its 

estimates of benefits for the stricter 

CAFE standards this final rule 

establishes. 

ORNL’s most recently revised 

estimates of the increase in the expected 

costs associated with potential 

disruptions in U.S. petroleum imports 

imply that each gallon of imported fuel 

or petroleum saved reduces the 

expected costs of oil supply disruptions 

to the U.S. economy by $0.169 per 

gallon (in 2007$). In contrast to reduced 

monopsony premium payments, the 

reduction in expected disruption costs 

represents a real savings in resources, 

and thus contributes economic benefits 

in addition to the savings in fuel 

production costs that result from 

increasing fuel economy. NHTSA 

employs this value in its analysis of the 

economic benefits from adopting higher 

CAFE standards for MY 2012–2016 cars 

and light trucks. 

A.G. Fraas commented on this 

proposed rule and felt that that 

magnitude of the economic disruption 

portion of the energy security benefit 

may be too high. He cites a recent paper 

written by Stephen P.A. Brown and 

Hillard G. Huntington, entitled 

‘‘Estimating U.S. Oil Security 

Premiums’’ (September 2009). He 

commented that the Brown and 

Huntington premium associated with 

replacing oil imports by increased 

domestic oil production while keeping 

U.S. oil consumption unchanged (i.e., 

‘‘the cost of displacing a barrel of 

domestic oil with a barrel of imported 

oil’’) ranges from $2.17 per barrel in 

2015 to $2.37 per barrel in 2030 (2007$), 

or $0.052 to $0.056 per gallon. 

In contrast, this rule is not a domestic 

oil supply initiative, but is one intended 

to reduce domestic oil consumption and 

thereby also to a significant extent 

reduce U.S. oil imports. When NHTSA 

mstockstill on DSKB9S0YB1PROD with RULES2

25590 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 

626However, the agency conducted a sensitivity 

analysis of the potential effect of assuming that 

some reduction military spending would result 

from fuel savings and reduced petroleum imports 

in order to investigate its impacts on the standards 

and fuel savings. 

used the ORNL Energy Security 

Premium Analysis to calculate the 

energy security premium for this rule, it 

based the energy security premium on 

decreased demand for oil and oil 

products. The agency estimated that 

most of the decreased demand for oil 

and oil products would come from 

decreased imports of oil, given the 

inelasticity of U.S. supply and the 

modest estimated change in world oil 

price. The Brown and Huntington 

estimates for this change, considering 

the disruption component alone, are 

much in line with the ORNL estimates. 

For a reduction in U.S. consumption 

that largely leads to a reduction in 

imports, Brown and Huntington 

estimate a midpoint premium of $4.98 

per barrel in 2015 rising to $6.82 per 

barrel by 2030 (2007$). The 2015 

disruption premium estimate has an 

uncertainty range of $1.10 to $14.35 

(2007$). The corresponding 2030 

estimate from ORNL is only about 19 

percent higher ($8.12/bbl), with an 

uncertainty range—$3.90 to $13.04— 

completely enclosed by that of Brown 

and Huntington. Thus, we conclude that 

the ORNL disruption security premium 

estimates for this rule is roughly 

consistent with the Brown and 

Huntington results. 

Commenters from the NYU School of 

Law agreed that reduced disruption 

costs should be counted as a benefit, but 

stated that the agencies should 

disaggregate and exclude any reduction 

in wealth transfers that occur during oil 

shocks from their calculation of this 

benefit. NHTSA acknowledges that for 

consistency with its exclusion of 

reductions in monopsony premium 

payments from the benefits of reduced 

fuel consumption and petroleum 

imports, it may be necessary to exclude 

reductions in the wealth transfer 

component of macroeconomic 

disruption costs from the benefits of 

reducing U.S. petroleum imports. In 

future rulemakings, the agency will 

assess the arguments for excluding the 

wealth transfer component of disruption 

costs from its accounting of benefits 

from reducing domestic fuel 

consumption and U.S. petroleum 

imports, and explore whether it is 

practical to estimate its value separately 

and exclude it from the benefits 

calculations. 

NHTSA’s analysis does not include 

savings in budgetary outlays to support 

U.S. military activities among the 

benefits of higher fuel economy and the 

resulting fuel savings.626 NHTSA’s 

analysis of benefits from alternative 

CAFE standards for MY 2012–2016 also 

excludes any cost savings from 

maintaining a smaller SPR from its 

estimates of the external benefits of 

reducing gasoline consumption and 

petroleum imports. This view concurs 

with that of the recent ORNL study of 

economic costs from U.S. oil imports, 

which concludes that savings in 

government outlays for these purposes 

are unlikely to result from reductions in 

consumption of petroleum products and 

oil imports on the scale of those 

resulting from higher CAFE standards. 

Commenters from the NYU School of 

Law stated that the agencies were 

justified in not including a value for 

military security, as long as the agencies 

incorporate the increased protection 

value of the SPR into their calculation 

of disruption effects. CBD and James 

Adcock disagreed, and stated that the 

agencies should, in fact, include a value 

for military security—CBD cited several 

studies, and Mr. Adcock presented his 

own value of $0.275 per gallon. CARB 

stated simply that the agencies should 

include a sensitivity analysis for 

military security at $0.15 per gallon, in 

addition to the $0.05 per gallon already 

evaluated. EDF also cited studies 

claiming a benefit for increased national 

security. 

In response to the comments from 

CBD and Mr. Adcock, NHTSA’s 

examination of the historical record 

indicates that while costs for U.S. 

military security may vary over time in 

response to long-term changes in the 

level of oil imports into the U.S., these 

costs are unlikely to decline in response 

to the small reductions in U.S. oil 

imports (relative to total oil imports) 

that are typically projected to result 

from raising CAFE standards for lightduty vehicles. U.S. military activities in 

regions that represent vital sources of oil 

imports also serve a broader range of 

security and foreign policy objectives 

than simply protecting oil supplies, and 

as a consequence are unlikely to vary 

significantly in response to the modest 

changes in the level of oil imports likely 

to be prompted by higher CAFE 

standards. 

The agency does not find evidence in 

the historical record that Congress or the 

Executive Branch has ever attempted to 

calibrate U.S. military expenditures, 

overall force levels, or specific 

deployments to any measure of global 

oil market activity or U.S. reliance on 

petroleum imports, or to any calculation 

of the projected economic consequences 

of hostilities arising in the Persian Gulf. 

Instead, changes in U.S. force levels, 

deployments, and thus military 

spending in that region have been 

largely governed by political events, 

emerging threats, and other military and 

political considerations, rather than by 

shifts in U.S. oil consumption or 

imports. NHTSA thus concludes that 

the levels of U.S. military activity and 

expenditures are likely to remain 

unaffected by even relatively large 

changes in light duty vehicle fuel 

consumption, and has continued to 

exclude any reduction in these outlays 

from its estimates of the economic 

benefits resulting from lower U.S. fuel 

consumption and petroleum imports. 

In response to the comments from the 

NYU School of Law, NHTSA will 

explore how it might estimate the 

contribution of the SPR to reducing 

potential macroeconomic costs from oil 

supply disruptions, although the agency 

notes that to some extent the existence 

of the SPR may already be reflected in 

the magnitude of price elasticities of the 

supplies of foreign oil available for 

import to the U.S. However, the agency 

notes that the size of the SPR has not 

appeared to change significantly in 

response to historical variation in U.S. 

petroleum consumption or imports, 

suggesting that its effect on the 

magnitude of potential macroeconomic 

costs from disruptions in petroleum 

imports may be limited. 

Finally, in response to the comment 

from EDF, the agency notes that the 

value of $0.05 per gallon for the 

reduction in military security outlays 

that is used for sensitivity analysis 

assumes that the entire reduction in U.S. 

petroleum imports resulting from higher 

CAFE standards would reflect lower 

imports from Persian Gulf suppliers, 

that the estimate of annual U.S. military 

costs for securing Persian Gulf oil 

supplies reported by Delucchi and 

Murphy is correct, and that Congress 

would reduce half of these outlays in 

proportion to any decline in U.S. oil 

imports from the region. The $0.15 per 

gallon estimate recommended by CARB 

would thus require that U.S. military 

outlays to protect Persian Gulf oil 

supplies are three times as large as 

Delucchi and Murphy estimate, or that 

Congress would reduce military 

spending in that region more than in 

proportion to any reduction in U.S. 

petroleum imports originating there. 

Because it views these possibilities as 

unrealistic, NHTSA has continued to 

use the $0.05 figure in its sensitivity 

analysis, rather than the higher figure 

suggested. 

Based on a detailed analysis of 

differences in fuel consumption, 

mstockstill on DSKB9S0YB1PROD with RULES2

Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 25591 

627 Differences between forecast annual U.S. 

imports of crude petroleum and refined products 

among these three scenarios range from 24–89 

percent of differences in projected annual gasoline 

and diesel fuel consumption in the U.S. These 

differences average 49 percent over the forecast 

period spanned by AEO 2009. 

628 Differences between forecast annual U.S. 

imports of crude petroleum among these three 

scenarios range from 67–97 percent of differences 

in total U.S. refining of crude petroleum, and 

average 85 percent over the forecast period spanned 

by AEO 2009. 

629This figure is calculated as 50 gallons + 50 

gallons*90% = 50 gallons + 45 gallons = 95 gallons. 

630The MOVES model assumes that the per-mile 

rates at which these pollutants are emitted are 

determined by EPA regulations and the 

effectiveness of catalytic after-treatment of engine 

exhaust emissions, and are thus unaffected by 

changes in car and light truck fuel economy. 

631These are 30 and 15 parts per million (ppm, 

measured on a mass basis) for gasoline and diesel 

respectively, which produces emission rates of 0.17 

grams of SO2 per gallon of gasoline and 0.10 grams 

per gallon of diesel. 

632Argonne National Laboratories, The 

Greenhouse Gas and Regulated Emissions from 

Transportation (GREET) Model, Version 1.8, June 

2007, available at http://www.transportation.anl.

gov/modeling_simulation/GREET/index.html (last 

accessed March 15, 2010). 

633Emissions that occur during vehicle refueling 

at retail gasoline stations (primarily evaporative 

emissions of volatile organic compounds, or VOCs) 

are already accounted for in the ‘‘tailpipe’’ emission 

factors used to estimate the emissions generated by 

increased light truck use. GREET estimates 

emissions in each phase of gasoline production and 

distribution in mass per unit of gasoline energy 

content; these factors are then converted to mass 

per gallon of gasoline using the average energy 

content of gasoline. 

634 In effect, this assumes that the distances crude 

oil travels to U.S. refineries are approximately the 

same regardless of whether it travels from domestic 

oilfields or import terminals, and that the distances 

that gasoline travels from refineries to retail stations 

are approximately the same as those from import 

terminals to gasoline stations. We note that while 

assuming that all changes in upstream emissions 

result from a decrease in petroleum production and 

Continued 

petroleum imports, and imports of 

refined petroleum products among the 

Reference Case, High Economic Growth, 

and Low Economic Growth Scenarios 

presented in AEO 2009, NHTSA 

estimated that approximately 50 percent 

of the reduction in fuel consumption 

resulting from adopting higher CAFE 

standards is likely to be reflected in 

reduced U.S. imports of refined fuel, 

while the remaining 50 percent would 

reduce domestic fuel refining.627 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.628 Thus on balance, 

each 100 gallons of fuel saved as a 

consequence of higher CAFE standards 

is anticipated to reduce total U.S. 

imports of crude petroleum or refined 

fuel by 95 gallons.629

NHTSA employed this estimate in the 

analysis presented in the NPRM, and 

received no comments on the 

assumptions or data used to develop it. 

Hence the agency has continued to 

assume that each 100 gallons of fuel 

saved as a consequence of the CAFE 

standards established by this final rule 

will reduce total U.S. imports of crude 

petroleum or refined fuel by 95 gallons. 

NHTSA has applied the estimates of 

economic benefits from lower U.S. 

petroleum imports to the resulting 

estimate of reductions in imports of 

crude petroleum and refined fuel. 

l. Air Pollutant Emissions 

i. Changes in Criteria Air Pollutant 

Emissions 

Criteria air pollutants emitted by 

vehicles and during fuel production 

include carbon monoxide (CO), 

hydrocarbon compounds (usually 

referred to as ‘‘volatile organic 

compounds,’’ or VOC), nitrogen oxides 

(NOX), fine particulate matter (PM2.5), 

and sulfur oxides (SOX). While 

reductions in domestic fuel refining and 

distribution that result from lower fuel 

consumption will reduce U.S. emissions 

of these pollutants, additional vehicle 

use associated with the rebound effect 

from higher fuel economy will increase 

their emissions. Thus the net effect of 

stricter CAFE standards on emissions of 

each criteria pollutant depends on the 

relative magnitudes of its reduced 

emissions in fuel refining and 

distribution, and increases in its 

emissions from vehicle use. Because the 

relationship between emissions in fuel 

refining and vehicle use is different for 

each criteria pollutant, the net effect of 

fuel savings from the proposed 

standards on total emissions of each 

pollutant is likely to differ. We note that 

any benefits in terms of criteria air 

pollutant reductions resulting from this 

rule would not be direct benefits. 

With the exception of SO2, NHTSA 

calculated annual emissions of each 

criteria pollutant resulting from vehicle 

use by multiplying its estimates of car 

and light truck use during each year 

over their expected lifetimes by per-mile 

emission rates appropriate to each 

vehicle type, fuel, model year, and age. 

These emission rates were developed by 

U.S. EPA using its Motor Vehicle 

Emission Simulator (MOVES 2010).630

Emission rates for SO2 were calculated 

by NHTSA using average fuel sulfur 

content estimates supplied by EPA, 

together with the assumption that the 

entire sulfur content of fuel is emitted 

in the form of SO2.631 Total SO2

emissions under each alternative CAFE 

standard were calculated by applying 

the resulting emission rates directly to 

estimated annual gasoline and diesel 

fuel use by cars and light trucks. 

As with other impacts, the changes in 

emissions of criteria air pollutants 

resulting from alternative increases in 

CAFE standards for MY 2012–2016 cars 

and light trucks were calculated from 

the differences between emissions 

under each alternative that would 

increase CAFE standards, and emissions 

under the baseline alternative. 

NHTSA estimated the reductions in 

criteria pollutant emissions from 

producing and distributing fuel that 

would occur under alternative CAFE 

standards using emission rates obtained 

by EPA from Argonne National 

Laboratories’ Greenhouse Gases and 

Regulated Emissions in Transportation 

(GREET) model.632 The GREET model 

provides separate estimates of air 

pollutant emissions that occur in 

different phases of fuel production and 

distribution, including crude oil 

extraction, transportation, and storage, 

fuel refining, and fuel distribution and 

storage.633 EPA modified the GREET 

model to change certain assumptions 

about emissions during crude petroleum 

extraction and transportation, as well as 

to update its emission rates to reflect 

adopted and pending EPA emission 

standards. NHTSA converted these 

emission rates from the mass per fuel 

energy content basis on which GREET 

reports them to mass per gallon of fuel 

supplied using estimates of fuel energy 

content supplied by GREET. 

The resulting emission rates were 

applied to the agency’s estimates of fuel 

consumption under each alternative 

CAFE standard to develop estimates of 

total emissions of each criteria pollutant 

during fuel production and distribution. 

The assumptions about the effects of 

changes in fuel consumption on 

domestic and imported sources of fuel 

supply discussed above were then 

employed to calculate the effects of 

reductions in fuel use from alternative 

CAFE standards on changes in imports 

of refined fuel and domestic refining. 

NHTSA’s analysis assumes that 

reductions in imports of refined fuel 

would reduce criteria pollutant 

emissions during fuel storage and 

distribution only. Reductions in 

domestic fuel refining using imported 

crude oil as a feedstock are assumed to 

reduce emissions during fuel refining, 

storage, and distribution, because each 

of these activities would be reduced. 

Reduced domestic fuel refining using 

domestically-produced crude oil is 

assumed to reduce emissions during all 

four phases of fuel production and 

distribution.634

mstockstill on DSKB9S0YB1PROD with RULES2

25592 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 

transport, our analysis of downstream criteria 

pollutant impacts assumes no change in the 

composition of the gasoline fuel supply. 

635All emissions from increased vehicle use are 

assumed to occur within the U.S., since CAFE 

standards would apply only to vehicles produced 

for sale in the U.S. 

636These reflect differences in the typical 

geographic distributions of emissions of each 

pollutant, their contributions to ambient PM2.5

concentrations, pollution levels (predominantly 

those of PM2.5), and resulting changes in population 

exposure. 

Finally, NHTSA calculated the net 

changes in domestic emissions of each 

criteria pollutant by summing the 

increases in emissions projected to 

result from increased vehicle use, and 

the reductions anticipated to result from 

lower domestic fuel refining and 

distribution.635 As indicated previously, 

the effect of adopting higher CAFE 

standards on total emissions of each 

criteria pollutant depends on the 

relative magnitudes of the resulting 

reduction in emissions from fuel 

refining and distribution, and the 

increase in emissions from additional 

vehicle use. Although these net changes 

vary significantly among individual 

criteria pollutants, the agency projects 

that on balance, adopting higher CAFE 

standards would reduce emissions of all 

criteria air pollutants except carbon 

monoxide (CO). 

The net changes in domestic 

emissions of fine particulates (PM2.5) 

and its chemical precursors (such as 

NOX, SOX, and VOCs) are converted to 

economic values using estimates of the 

reductions in health damage costs per 

ton of emissions of each pollutant that 

is avoided, which were developed and 

recently revised by EPA. These savings 

represent the estimated reductions in 

the value of damages to human health 

resulting from lower atmospheric 

concentrations and population exposure 

to air pollution that occur when 

emissions of each pollutant that 

contributes to atmospheric PM2.5

concentrations are reduced. The value 

of reductions in the risk of premature 

death due to exposure to fine particulate 

pollution (PM2.5) account for a majority 

of EPA’s estimated values of reducing 

criteria pollutant emissions, although 

the value of avoiding other health 

impacts is also included in these 

estimates. 

These values do not include a number 

of unquantified benefits, such as 

reduction in the welfare and 

environmental impacts of PM2.5

pollution, or reductions in health and 

welfare impacts related to other criteria 

pollutants (ozone, NO2, and SO2) and air 

toxics. EPA estimates different PMrelated per-ton values for reducing 

emissions from vehicle use than for 

reductions in emissions of that occur 

during fuel production and 

distribution.636 NHTSA applies these 

separate values to its estimates of 

changes in emissions from vehicle use 

and fuel production and distribution to 

determine the net change in total 

economic damages from emissions of 

these pollutants. 

EPA projects that the per-ton values 

for reducing emissions of criteria 

pollutants from both mobile sources 

(including motor vehicles) and 

stationary sources such as fuel refineries 

and storage facilities will increase over 

time. These projected increases reflect 

rising income levels, which are assumed 

to increase affected individuals’ 

willingness to pay for reduced exposure 

to health threats from air pollution, as 

well as future population growth, which 

increases population exposure to future 

levels of air pollution. 

NHTSA and EPA received no 

comments on the procedures they 

employed to estimate the reductions in 

emissions of criteria air pollutants 

reported in their respective NPRMs, or 

on the unit economic values the 

agencies applied to those reductions to 

calculate their total value. Thus the 

agencies have continued to employ 

these procedures and values in the 

analysis reported in this final rule. 

However, the agencies have made some 

minor changes in the emission factors 

used to calculate changes in emissions 

resulting from increased vehicle use; 

these revisions are detailed in Chapter 

4 of the Final Technical Support 

Document accompanying this rule. 

ii. Reductions in CO2 Emissions 

Emissions of carbon dioxide and other 

greenhouse gases (GHGs) occur 

throughout the process of producing 

and distributing transportation fuels, as 

well as from fuel combustion itself. By 

reducing the volume of fuel consumed 

by passenger cars and light trucks, 

higher CAFE standards will reduce GHG 

emissions generated by fuel use, as well 

as throughout the fuel supply cycle. 

Lowering these emissions is likely to 

slow the projected pace and reduce the 

ultimate extent of future changes in the 

global climate, thus reducing future 

economic damages that changes in the 

global climate are expected to cause. By 

reducing the probability that climate 

changes with potentially catastrophic 

economic or environmental impacts will 

occur, lowering GHG emissions may 

also result in economic benefits that 

exceed the resulting reduction in the 

expected future economic costs caused 

by gradual changes in the earth’s 

climatic systems. 

Quantifying and monetizing benefits 

from reducing GHG emissions is thus an 

important step in estimating the total 

economic benefits likely to result from 

establishing higher CAFE standards. 

The agency estimated emissions of CO2

from passenger car and light truck use 

by multiplying the number of gallons of 

each type of fuel (gasoline and diesel) 

they are projected to consume under 

alternative CAFE standards by the 

quantity or mass of CO2 emissions 

released per gallon of fuel consumed. 

This calculation assumes that the entire 

carbon content of each fuel is converted 

to CO2 emissions during the combustion 

process. Carbon dioxide emissions 

account for nearly 95 percent of total 

GHG emissions that result from fuel 

combustion during vehicle use. 

iii. Economic Value of Reductions in 

CO2 Emissions 

NHTSA has taken the economic 

benefits of reducing CO2 emission into 

account in this rulemaking, both in 

developing alternative CAFE standards 

and in assessing the economic benefits 

of each alternative that was considered. 

Since direct estimates of the economic 

benefits from reducing CO2 or other 

GHG emissions are generally not 

reported in published literature on the 

impacts of climate change, these 

benefits are typically assumed to be the 

‘‘mirror image’’ of the estimated 

incremental costs resulting from an 

increase in those emissions. Thus the 

benefits from reducing CO2 emissions 

are usually measured by the savings in 

estimated economic damages that an 

equivalent increase in emissions would 

otherwise have caused. 

The ‘‘social cost of carbon’’ (SCC) is 

intended to be a monetary measure of 

the incremental damage resulting from 

increased carbon dioxide (CO2) 

emissions, including losses in 

agricultural productivity, the economic 

damages caused by adverse effects on 

human health, property losses and 

damages resulting from sea level rise, 

and changes in the value of ecosystem 

services. The SCC is usually expressed 

in dollars per additional metric ton of 

CO2 emissions occurring during a 

specified year, and is higher for more 

distant future years because the 

damages caused by an additional ton of 

emissions increase with larger existing 

concentrations of CO2 in the earth’s 

atmosphere. Marginal reductions in CO2

emissions that are projected to result 

from lower fuel consumption, refining, 

and distribution during each future year 

are multiplied by the estimated SCC 

appropriate for that year, which is used 

mstockstill on DSKB9S0YB1PROD with RULES2

Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 25593 

to represent the value of eliminating 

each ton of CO2 emissions, to determine 

the total economic benefit from reduced 

emissions during that year. These 

benefits are then discounted to their 

present value as usual, using a discount 

rate that is consistent with that used to 

develop the estimate of the SCC itself. 

The agency’s NPRM incorporated the 

Federal interagency working group’s 

interim guidance on appropriate SCC 

values for estimating economic benefits 

from reductions in CO2 emissions. 

NHTSA specifically asked for comment 

on the procedures employed by the 

group to develop its recommended 

values, as well as on the reasonableness 

and correct interpretation of those 

values. Comments the agency received 

address several different issues, 

including (1) the interagency group’s 

procedures for selecting SCC estimates 

to incorporate in its recommended 

values; (2) the appropriateness of the 

procedures the agency used to combine 

and summarize these estimates; (3) the 

parameter values and input assumptions 

used by different researchers to develop 

their estimates of the SCC; (4) the choice 

between global and domestic estimates 

of the SCC for use in Federal regulatory 

analysis, (5) the discount rates used to 

derive estimates of the SCC; and (6) the 

overall level of the agency’s SCC 

estimates. 

NHTSA’s Procedures for Selecting SCC 

Estimates 

Many of the comments NHTSA 

received concerned the group’s 

procedures for selecting published 

estimates and aggregating them to arrive 

at its range of recommended values. 

CARB asked for a clearer explanation of 

why mean SCC estimates from only two 

of the three major climate models were 

included in the average values reported 

in the interim guidance, and whether 

the arithmetic mean of reported values 

is the appropriate measure of their 

central tendency. Students from the 

University of California at Santa Barbara 

(UCSB) noted that the interagency group 

often selected only a single SCC 

estimate from studies reporting multiple 

estimates or a range of values to include 

in developing its summary values, and 

objected that this procedure caused the 

group to understate the degree of 

uncertainty surrounding its 

recommended values. 

Steven Rose also noted that the 

interagency group’s ‘‘filtering’’ of 

published estimates of the SCC on the 

basis of their vintage and input 

assumptions tended to restrict the 

included estimates to a relatively 

narrow band that excluded most 

potentially catastrophic climate 

changes, and thus was not 

representative of the wide uncertainty 

surrounding the ‘‘true’’ SCC. If the 

purpose of incorporating the SCC into 

regulatory analysis was effectively to 

price CO2 emissions so that emitters 

would account for climate damages 

caused by their actions, he reasoned, 

then the estimate to be used should 

incorporate the wide range of 

uncertainty surrounding the magnitude 

of potential damages. 

Rose also noted that many of the more 

recent studies reporting estimates of the 

SCC were designed to explore the 

influence of different factors on the 

extent and timing of climate damages, 

rather than to estimate the SCC 

specifically, and thus that these more 

recent estimates were not necessarily 

more informative than SCC estimates 

reported in some older studies. Rose 

argued that because there has been little 

change in major climate models since 

about 2001, all estimates published after 

that date should be considered in order 

to expand the size of the sample 

represented by average values, rather 

than limiting it by including only the 

most recently-reported estimates. 

James Adcock objected to the 

interagency group’s reliance on Tol’s 

survey of published estimates of the 

SCC, since many of the estimates it 

included were developed by Tol 

himself. In contrast, Steven Rose argued 

that the Tol survey offered a useful way 

to summarize and represent variation 

among published estimates of the SCC, 

and thus to indicate the uncertainty 

surrounding its true value. 

Procedures for Summarizing Published 

SCC Estimates 

Steven Rose argued that combining 

SCC estimates generated using different 

discount rates was inappropriate, and 

urged the interagency group instead to 

select one or more discount rates and 

then to average only SCC estimates 

developed using the same discount rate. 

Rose also noted that the interagency 

group’s explanation of how it applied 

the procedure developed by Newell and 

Pizer to incorporate uncertainty in the 

discount rate was inadequately detailed, 

and in any case it may not be 

appropriate for use in combining SCC 

estimates that were based on different 

discount rates. UCS also questioned 

NHTSA’s use of averaging to combine 

estimates of the SCC relying on different 

discount rates, as well as the agency’s 

equal weighting of upper- and lowerbound SCC estimates reported in 

published studies. 

NESCAUM commented that the 

interagency group’s basis for deriving 

the $20 SCC estimate from its summary 

of published values was not adequately 

clear, and that the group’s guidance 

should clarify the origin of this value. 

NESCAUM also urged the interagency 

group to identify a representative range 

of alternative SCC estimates for use in 

assessing benefits from reduced 

emissions, rather than a single value. 

Ford commented that the interagency 

group’s methodology for developing an 

estimate of the SCC was acceptable, but 

argued that NHTSA agency should rely 

on the costs of reducing CO2 emissions 

in other sectors of the U.S. economy to 

evaluate economic benefits from 

reducing motor vehicle emission. Ford 

asserted that this represented a more 

reliable estimate of the benefits from 

reducing emissions than the potential 

climate damages avoided by reducing 

vehicle emissions, since lowering 

vehicle emissions reduces the need to 

control emissions from other economic 

sectors. 

Parameter Values and Input 

Assumptions Underlying SCC Estimates 

CARB also noted that some of the 

wide variation in published SCC 

estimates relied upon by the interagency 

group could be attributed to authors’ 

differing assumptions about future GHG 

emissions scenarios and choices of 

discount rates. Steven Rose noted that 

SCC estimates derived using future 

emissions scenarios that assumed 

significant reductions in emissions were 

probably inappropriate for use in 

Federal regulatory analysis, since 

Federal regulations must be adopted 

individually and are each likely to lead 

to only marginal reductions in 

emissions, so it is unreasonable to 

assume that their collective effect on 

future emissions will be large. 

CARB also emphasized that SCC 

estimates were not available over the 

same range of discount rates for all 

major climate models, thus making 

averages of available results less reliable 

as indicators of any central tendency in 

estimates of the SCC. To remedy this 

shortcoming, the Pew Center on Climate 

Change urged the interagency group to 

analyze the sensitivity of SCC estimates 

to systematic variation in uncertain 

model parameters and input scenarios 

as a means of identifying the range of 

uncertainty in the SCC itself, as well as 

to include a risk premium in its SCC 

estimates as a means of compensating 

for climate models’ omission of 

potential economic damages from 

catastrophic climate changes. 

CBD commented that the interim 

nature of the interagency group’s 

guidance made it impossible for 

decision-makers to determine whether 

the agency’s proposed CAFE standards 

mstockstill on DSKB9S0YB1PROD with RULES2

25594 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 

were sufficiently stringent. CBD also 

argued that economic models’ exclusion 

of some potential climate impacts 

caused them to underestimate the ‘‘true’’ 

SCC, and that the interagency group’s 

procedure of averaging published 

estimates failed to convey important 

information about variation in estimates 

of the SCC to decision makers. In a 

related comment, the Pew Center on 

Climate Change cautioned against use of 

the interagency group’s interim SCC 

estimates for analyzing benefits from 

NHTSA’s final rule, on the grounds that 

some older estimates of the SCC 

surveyed for the interim guidance 

implausibly suggested that there could 

be positive net benefits from climate 

change, while more recent research 

suggests uniformly negative economic 

impacts. 

James Adcock presented his own 

estimate of the value of reducing CO2

emissions, which he derived by 

assuming that climate change would 

completely eliminate the economic 

value of all services provided by the 

local natural environment within a 50- 

year time frame. In addition, Adcock 

urged that Federal agencies use a 

consistent estimate of the SCC in their 

regulatory analyses, and that this 

estimate be updated regularly to reflect 

new knowledge; he also asserted that 

the SCC should be above the per-ton 

price of CO2 emissions permits under a 

cap-and-trade system. 

Global vs. Domestic SCC Values 

NADA argued that NHTSA should 

employ an estimate of the domestic 

value of reducing CO2 emissions for 

purposes of estimating their aggregate 

economic benefits, since the agency 

includes only the domestic value of 

benefits stemming from reductions in 

other environmental and energy security 

externalities. In contrast, both the Pew 

Center on Climate Change and students 

from the University of California at 

Santa Barbara (UCSB) asserted that a 

global value of the SCC was appropriate 

for use even in analyzing benefits from 

U.S. domestic environmental 

regulations such as CAFE, and Steven 

Rose added that it was difficult to 

identify any proper role for a domestic 

estimate of the SCC. James Adcock 

commented that the agency’s derivation 

of the fraction of the global SCC it 

employed (6 percent) to obtain a 

domestic value was not clearly 

explained. 

Discount Rates Used To Derive SCC 

Estimates 

NRDC also cited the effect of positive 

discount rates on damages occurring in 

the distant future, which reduce the 

present value of those damages to 

misleadingly low levels. Similarly, 

Steven Rose argued that the interagency 

group should have used discount rates 

below the 3 percent lower bound the 

group selected, and that the discount 

rate should also have been allowed to 

vary over time to account for 

uncertainty in its true value. The Pew 

Center also urged NHTSA to account 

explicitly for uncertainty surrounding 

the correct discount rate, but did not 

indicate how the agency should do so. 

CARB echoed the recommendation for 

including SCC values reflecting 

discount rates below 3 percent, since 

EPA had previously used lower rates in 

previously proposed rules to discount 

benefits that were not expected to occur 

until the distant future, and thus to be 

experienced mainly by future 

generations. The New Jersey Department 

of Environmental Protection noted that 

giving nearly equal weight to future 

generations would imply a discount rate 

of less than 3 percent—probably in the 

neighborhood of 2 percent—and 

endorsed the interagency group’s use of 

the procedure developed by Newell and 

Pizer to account for uncertainty 

surrounding the correct discount rate. 

The Pew Center urged the agency to 

ignore SCC estimates derived using 

discount rates above 5 percent, and 

instead to use the lowest possible rates, 

even including the possibility of 

negative values. Similarly, NRDC 

asserted that both the 3 percent and 5 

percent discount rates selected by the 

interagency group are inappropriately 

high, but did not recommend a specific 

alternative rate. Students from UCSB 

observed that the interagency group’s 

equal weighting of the 3 percent and 5 

percent rates appeared to be 

inconsistent with the more frequent use 

of 3 percent in published estimates of 

the SCC, as well as with OMB’s 

guidance that the 3 percent rate was 

appropriate for discounting future 

impacts on consumption. The group 

urged NHTSA to consider a wider range 

of discount rates in its revised estimates 

of the SCC, including some below 3 

percent. CBD argued that the discount 

rate should increase over the future to 

reflect the potential for catastrophic 

climate impacts. 

CBD asserted that because the 

potential consequences of climate 

change are so extreme, that future 

economic impacts of climate change 

should not be discounted (i.e., a 0 

percent discount rate should be used). 

James Adcock echoed this view. 

Overall Level of SCC Estimates 

NRDC argued that the SCC estimate 

recommended by the interagency group 

was likely to be too low, because of 

most models’ omission of some 

important climate impacts, particularly 

including potential catastrophic impacts 

resulting from non-incremental changes 

in climate conditions. CARB argued that 

it seemed prudent to include SCC 

values as high as $200 per ton, to reflect 

the possibility of low-probability but 

catastrophic changes in the global 

climate and the resulting economic 

damages. 

The New Jersey Department of 

Environmental Protection pointed out 

that SCC estimates reviewed by the 

IPCC ranged as high as $95/ton, and that 

the Stern Report’s estimate was $85/ton, 

suggesting the possibility that the 

interagency group may have 

inappropriately filtered out the highest 

estimates of the SCC. Other commenters 

including NACAA, NESCAUM, NRDC, 

and UCS urged NHTSA to employ 

higher SCC values than it used in the 

NPRM analysis, but did not recommend 

specific values. CARB urged the agency 

to use higher values of the SCC than it 

employed in its NPRM analysis, and 

recommended a value of $25/ton, 

growing at 2.4 percent annually, or 

alternatively, a fixed value of $50/ton. 

Steven Rose cautioned against 

applying a uniform 3 percent annual 

growth rate to all of the provisional SCC 

estimates recommended by the 

interagency group, and noted that the 

base year where such growth is assumed 

to begin should be determined carefully 

for each estimate. 

Finally, the Institute for Energy 

Research commented that NHTSA had 

probably overstated the reductions in 

CO2 emissions that would result from 

the proposed standards—and thus their 

economic value—because of the 

potential for compensating increases in 

emissions, such as those cause by 

increased retention and use of older, 

less fuel-efficient vehicles in the fleet. 

After carefully considering comments 

received to the NPRM, for purposes of 

this final rule, NHTSA has relied on 

estimates of the SCC developed by the 

Federal interagency working group 

convened for the specific purpose of 

developing new estimates to be used by 

U.S. Federal agencies in regulatory 

evaluations. Under Executive Order 

12866, Federal agencies are required, to 

the extent permitted by law, ‘‘to assess 

both the costs and the benefits of the 

intended regulation and, recognizing 

that some costs and benefits are difficult 

to quantify, propose or adopt a 

regulation only upon a reasoned 

determination that the benefits of the 

intended regulation justify its costs.’’ 

The group’s purpose in developing new 

estimates of the SCC was to allow 

mstockstill on DSKB9S0YB1PROD with RULES2

Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 25595 

637This document is available in the docket for 

this rulemaking (NHTSA–2009–0059). 

Federal agencies to incorporate the 

social benefits of reducing carbon 

dioxide (CO2) emissions into costbenefit analyses of regulatory actions 

that have small, or ‘‘marginal,’’ impacts 

on cumulative global emissions, as most 

Federal regulatory actions can be 

expected to have. 

The interagency group convened on a 

regular basis to consider public 

comments, explore the technical 

literature in relevant fields, and discuss 

key inputs and assumptions in order to 

generate SCC estimates. Agencies that 

actively participated in the interagency 

process included the Environmental 

Protection Agency and the Departments 

of Agriculture, Commerce, Energy, 

Transportation, and Treasury. This 

process was convened by the Council of 

Economic Advisers and the Office of 

Management and Budget, with active 

participation and regular input from the 

Council on Environmental Quality, 

National Economic Council, Office of 

Energy and Climate Change, and Office 

of Science and Technology Policy. The 

main objective of this process was to 

develop a range of SCC values using a 

defensible set of input assumptions that 

are grounded in the existing literature. 

In this way, key uncertainties and 

model differences can more 

transparently and consistently inform 

the range of SCC estimates used in the 

rulemaking process. 

The interagency group developed its 

estimates of the SCC estimates while 

clearly acknowledging the many 

uncertainties involved, and with a clear 

understanding that they should be 

updated over time to reflect increasing 

knowledge of the science and 

economics of climate impacts. 

Technical experts from numerous 

agencies met on a regular basis to 

consider public comments, explore the 

technical literature in relevant fields, 

and discuss key model inputs and 

assumptions. The main objective of this 

process was to develop a range of SCC 

values using a defensible set of input 

assumptions grounded in the existing 

scientific and economic literature. In 

this way, key uncertainties and model 

differences transparently and 

consistently can inform the range of 

SCC estimates used in the rulemaking 

process. 

The group ultimately selected four 

SCC values for use in regulatory 

analyses. Three values are based on the 

average SCC from three integrated 

assessment models, using discount rates 

of 2.5, 3, and 5 percent. The fourth 

value, which represents the 95th 

percentile SCC estimate across all three 

models at a 3 percent discount rate, is 

included to represent the possibility of 

higher-than-expected impacts from 

temperature change that lie further out 

in the tails of the distribution of SCC 

estimates. Table IV.C.3–2 summarizes 

the interagency group’s estimates of the 

SCC during various future years. The 

SCC estimates reported in the table 

assume that the marginal damages from 

increased emissions are constant for 

small departures from the baseline 

emissions path, an approximation that 

is reasonable for policies that have 

effects on emissions that are small 

relative to cumulative global carbon 

dioxide emissions. 

TABLE IV.C.3–2—SOCIAL COST OF CO2 EMISSIONS, 2010–2050 

[2007 dollars] 

Discount rate 5% 3% 2.5% 3% 

Source Average of estimates 95th Percentile 

estimate 

2010 ......................................................................................... 4.7 21.4 35.1 64.9 

2015 ......................................................................................... 5.7 23.8 38.4 72.8 

2020 ......................................................................................... 6.8 26.3 41.7 80.7 

2025 ......................................................................................... 8.2 29.6 45.9 90.4 

2030 ......................................................................................... 9.7 32.8 50.0 100.0 

2035 ......................................................................................... 11.2 36.0 54.2 109.7 

2040 ......................................................................................... 12.7 39.2 58.4 119.3 

2045 ......................................................................................... 14.2 42.1 61.7 127.8 

2050 ......................................................................................... 15.7 44.9 65.0 136.2 

As Table IV.C.3–2 shows, the four 

SCC estimates selected by the 

interagency group for use in regulatory 

analyses are $5, $21, $35, and $65 (in 

2007 dollars) for emissions occurring in 

the year 2010. The first three estimates 

are based on the average SCC across 

models and socio-economic and 

emissions scenarios at the 5, 3, and 2.5 

percent discount rates, respectively. The 

fourth value is included to represent the 

higher-than-expected impacts from 

temperature change further out in the 

tails of the SCC distribution. For this 

purpose, the group elected to use the 

SCC value for the 95th percentile at a 3 

percent discount rate. 

The central value identified by the 

interagency group is the average SCC 

across models at the 3 percent discount 

rate, or $21 per metric ton in 2010. To 

capture the uncertainties involved in 

regulatory impact analysis, however, the 

group emphasized the importance of 

considering the full range of estimated 

SCC values. As the table also shows, the 

SCC estimates also rise over time; for 

example, the central value increases to 

$24 per ton of CO2 in 2015 and $26 per 

ton of CO2 in 2020. 

The interagency group is committed 

to updating these estimates as the 

science and economic understanding of 

climate change and its impacts on 

society improves over time. Specifically, 

the group has set a preliminary goal of 

revisiting the SCC values within two 

years or at such time as substantially 

updated models become available, and 

to continue to support research in this 

area. U.S. Federal agencies will 

periodically review and reconsider 

estimates of the SCC used for costbenefit analyses to reflect increasing 

knowledge of the science and 

economics of climate impacts, as well as 

improvements in modeling. 

Details of the process used by the 

interagency group to develop its SCC 

estimates, complete results including 

year-by-year estimates of each of the 

four values, and a thorough discussion 

of their intended use and limitations is 

provided in the document Social Cost of 

Carbon for Regulatory Impact Analysis 

Under Executive Order 12866, 

Interagency Working Group on Social 

Cost of Carbon, United States 

Government, February 2010.637

mstockstill on DSKB9S0YB1PROD with RULES2

25596 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 

638 Id. 

639Office of Management and Budget, Circular A– 

4, ‘‘Regulatory Analysis,’’ September 17, 2003, 33. 

Available at http://www.whitehouse.gov/omb/

circulars/a004/a-4.pdf (last accessed August 9, 

2009). 640 Id. 

641The fact that the 3 percent discount rate used 

by the interagency group to derive its central 

estimate of the SCC is identical to the 3 percent 

short-term or ‘‘intra-generational’’ discount rate used 

by NHTSA to discount future benefits other than 

reductions in CO2 emissions is coincidental, and 

should not be interpreted as a required condition 

that must be satisfied in future rulemakings. 

m. Discounting Future Benefits and 

Costs 

Discounting future fuel savings and 

other benefits is intended to account for 

the reduction in their value to society 

when they are deferred until some 

future date, rather than received 

immediately. The discount rate 

expresses the percent decline in the 

value of these benefits—as viewed from 

today’s perspective—for each year they 

are deferred into the future. In 

evaluating the benefits from alternative 

proposed increases in CAFE standards 

for MY 2012–2016 passenger cars and 

light trucks, NHTSA employed a 

discount rate of 3 percent per year, but 

also presents these benefit and cost 

estimates at a 7 percent discount rate. 

While both discount rates are 

presented, NHTSA believes that 3 

percent is the most appropriate rate for 

discounting future benefits from 

increased CAFE standards because most 

or all of vehicle manufacturers’ costs for 

complying with higher CAFE standards 

will ultimately be reflected in higher 

sales prices for their new vehicle 

models. By increasing sales prices for 

new cars and light trucks, CAFE 

regulations will thus primarily affect 

vehicle purchases and other private 

consumption decisions. Both economic 

theory and OMB guidance on 

discounting indicate that the future 

benefits and costs of regulations that 

mainly affect private consumption 

should be discounted at consumers’ rate 

of time preference.638

OMB guidance also indicates that 

savers appear to discount future 

consumption at an average real (that is, 

adjusted to remove the effect of 

inflation) rate of about 3 percent when 

they face little risk about its likely level. 

Since the real rate that savers use to 

discount future consumption represents 

a reasonable estimate of consumers’ rate 

of time preference, NHTSA believes that 

the 3 percent rate to discount projected 

future benefits and costs resulting from 

higher CAFE standards for MY 2012– 

2016 passenger cars and light trucks is 

more appropriate than 7 percent, but 

presents both.639 One commenter, 

NRDC, supported the agencies’ use of a 

3 percent discount rate as consistent 

with DOE practice in energy efficiencyrelated rulemakings and OMB guidance. 

OMB guidance actually requires that 

benefits and costs be presented at both 

a 3 and a 7 percent discount rate. 

Because there is some remaining 

uncertainty about whether vehicle 

manufacturers will completely recover 

their costs for complying with higher 

CAFE standards by increasing vehicle 

sales prices, however, NHTSA also 

presents these benefit and cost estimates 

using a higher discount rate. OMB 

guidance indicates that the real 

economy-wide opportunity cost of 

capital is the appropriate discount rate 

to apply to future benefits and costs 

when the primary effect of a regulation 

is ‘‘* * * to displace or alter the use of 

capital in the private sector,’’ and OMB 

estimates that this rate currently 

averages about 7 percent.640 Thus the 

agency has also examined its benefit 

and cost estimates for alternative MY 

2012–2016 CAFE standards using a 7 

percent real discount rate. 

In its proposed rule, NHTSA sought 

comment on whether it should evaluate 

CAFE standards using a discount rate of 

3 percent, 7 percent, or an alternative 

value. NRDC not only opposed the 

agency’s use of a 7 percent discount 

rate, but also opposed conducting even 

sensitivity analyses with discount rates 

higher than 3 percent. In contrast, two 

other commenters, NADA and the 

Institute for Energy Research, advised 

that the agencies should use discount 

rates of 7 percent or higher. NADA 

argued that the most appropriate 

discount rate would be one closer to 

historical financing rates on motor 

vehicle loans (which currently average 

about 6.5 percent), while the Institute 

for Energy Research argued that 

consumers may have much higher 

discount rates than the agencies 

assumed, perhaps even as high as 25 

percent. 

After carefully considering these 

comments, NHTSA has elected to use 

discount rates of both 3 and 7 percent 

in the analysis supporting this final 

rule. As indicated above, the agency 

believes that vehicle manufacturers will 

recover most or all of their added costs 

for complying with the CAFE standards 

this rule establishes by raising sales 

prices for some or all vehicle models. As 

a consequence, this regulation will thus 

primarily affect vehicle purchases and 

related consumption decisions, which 

suggests that its future benefits and 

costs should be discounted at the rate of 

time preference vehicle buyers reveal in 

their consumption and savings 

behavior. OMB’s 3 percent figure 

appears to be a conservative (i.e., low) 

estimate of this rate, because it assumes 

in effect that vehicle buyers face little 

risk about the value of future fuel 

savings and other benefits from the rule; 

nevertheless, in the current economic 

environment it appears to represent a 

reasonable estimate of consumers’ rate 

of time preference. Thus NHTSA has 

mainly relied upon the 3 percent rate to 

discount projected future benefits and 

costs resulting from higher CAFE 

standards for MY 2012–2016 passenger 

cars and light trucks 

One important exception to the 3 

percent discount rate is the rates used 

to discount benefits from reducing CO2

emissions from the years in which 

reduced emissions occur, which span 

the lifetimes of MY 2012–2016 cars and 

light trucks, to their present values. In 

order to ensure consistency in the 

derivation and use of the interagency 

group’s estimates of the unit values of 

reducing CO2 emissions, the benefits 

from reducing those emissions during 

each future year are discounted using 

the same ‘‘intergenerational’’ discount 

rates that were used to derive each of 

the alternative unit values of reducing 

CO2 emissions. As indicate in Table 

IV.C.3–2 above, these rates are 2.5 

percent, 3 percent, and 5 percent 

depending on which estimate of the 

SCC is being considered.641

n. Accounting for Uncertainty in 

Benefits and Costs 

In analyzing the uncertainty 

surrounding its estimates of benefits and 

costs from alternative CAFE standards, 

NHTSA has considered alternative 

estimates of those assumptions and 

parameters likely to have the largest 

effect. These include the projected costs 

of fuel economy-improving technologies 

and their expected effectiveness in 

reducing vehicle fuel consumption, 

forecasts of future fuel prices, the 

magnitude of the rebound effect, the 

reduction in external economic costs 

resulting from lower U.S. oil imports, 

and the discount rate applied to future 

benefits and costs. The range for each of 

these variables employed in the 

uncertainty analysis is presented in the 

section of this notice discussing each 

variable. 

The uncertainty analysis was 

conducted by assuming independent 

normal probability distributions for 

each of these variables, using the low 

and high estimates for each variable as 

the values below which 5 percent and 

mstockstill on DSKB9S0YB1PROD with RULES2

Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 25597 

642See http://www.nhtsa.dot.gov (click on ‘‘Fuel 

Economy Standards (CAFE),’’ click on ‘‘Related 

Links: CAFE Compliance and Effects Modeling 

System: The Volpe Model’’). 

643 74 FR 14308–14358 (Mar. 30, 2009). 

644NHTSA does its best to remain scrupulously 

neutral in the application of technologies through 

the modeling analysis, to avoid picking technology 

‘‘winners.’’ The technology application methodology 

has been reviewed by the agency over the course 

of several rulemakings, and commenters have been 

generally supportive of the agency’s approach. See, 

e.g., 74 FR 14238–14246 (Mar. 30, 2009). 

645 In a given model year, the model makes 

additional technologies available to each vehicle 

model within several constraints, including (a) 

whether or not the technology is applicable to the 

vehicle model’s technology class, (b) whether the 

vehicle is undergoing a redesign or freshening in 

the given model year, (c) whether engineering 

aspects of the vehicle make the technology 

unavailable (e.g., secondary axle disconnect cannot 

be applied to two-wheel drive vehicles), and (d) 

whether technology application remains within 

‘‘phase in caps’’ constraining the overall share of a 

manufacturer’s fleet to which the technology can be 

added in a given model year. Once enough 

technology is added to a given manufacturer’s fleet 

in a given model year that these constraints make 

further technology application unavailable, 

technologies are ‘‘exhausted’’ for that manufacturer 

in that model year. 

646This possibility was added to the model to 

account for the fact that under EPCA/EISA, 

manufacturers must pay fines if they do not achieve 

compliance with applicable CAFE standards. 49 

U.S.C. 32912(b). NHTSA recognizes that some 

manufacturers will find it more cost-effective to pay 

fines than to achieve compliance, and believes that 

to assume these manufacturers would exhaust 

available technologies before paying fines would 

cause unrealistically high estimates of market 

penetration of expensive technologies such as 

diesel engines and strong hybrid electric vehicles, 

as well as correspondingly inflated estimates of 

both the costs and benefits of any potential CAFE 

standards. NHTSA thus includes the possibility of 

manufacturers choosing to pay fines in its modeling 

analysis in order to achieve what the agency 

believes is a more realistic simulation of 

manufacturer decision-making. Unlike flex-fuel and 

other credits, NHTSA is not barred by statute from 

considering fine-payment in determining maximum 

feasible standards under EPCA/EISA. 49 U.S.C. 

32902(h). 

95 percent of observed values are 

believed to fall. Each trial of the 

uncertainty analysis employed a set of 

values randomly drawn from each of 

these probability distributions, 

assuming that the value of each variable 

is independent of the others. Benefits 

and costs of each alternative standard 

were estimated using each combination 

of variables. A total of 1,000 trials were 

used to establish the likely probability 

distributions of estimated benefits and 

costs for each alternative standard. 

o. Where can readers find more 

information about the economic 

assumptions? 

Much more detailed information is 

provided in Chapter VIII of the FRIA, 

and a discussion of how NHTSA and 

EPA jointly reviewed and updated 

economic assumptions for purposes of 

this final rule is available in Chapter 4 

of the Joint TSD. In addition, all of 

NHTSA’s model input and output files 

are now public and available for the 

reader’s review and consideration. The 

economic input files can be found in the 

docket for this final rule, NHTSA–2009– 

0059, and on NHTSA’s Web site.642

Finally, because much of NHTSA’s 

economic analysis for purposes of this 

final rule builds on the work that was 

done for the MY 2011 final rule, we 

refer readers to that document as well 

for background information concerning 

how NHTSA’s assumptions regarding 

economic inputs for CAFE analysis have 

evolved over the past several 

rulemakings, both in response to 

comments and as a result of the agency’s 

growing experience with this type of 

analysis.643

4. How does NHTSA use the 

assumptions in its modeling analysis? 

In developing today’s final CAFE 

standards, NHTSA has made significant 

use of results produced by the CAFE 

Compliance and Effects Model 

(commonly referred to as ‘‘the CAFE 

model’’ or ‘‘the Volpe model’’), which 

DOT’s Volpe National Transportation 

Systems Center developed specifically 

to support NHTSA’s CAFE rulemakings. 

The model, which has been constructed 

specifically for the purpose of analyzing 

potential CAFE standards, integrates the 

following core capabilities: 

(1) Estimating how manufacturers 

could apply technologies in response to 

new fuel economy standards, 

(2) Estimating the costs that would be 

incurred in applying these technologies, 

(3) Estimating the physical effects 

resulting from the application of these 

technologies, such as changes in travel 

demand, fuel consumption, and 

emissions of carbon dioxide and criteria 

pollutants, and 

(4) Estimating the monetized societal 

benefits of these physical effects. 

An overview of the model follows 

below. Separate model documentation 

provides a detailed explanation of the 

functions the model performs, the 

calculations it performs in doing so, and 

how to install the model, construct 

inputs to the model, and interpret the 

model’s outputs. Documentation of the 

model, along with model installation 

files, source code, and sample inputs are 

available at NHTSA’s Web site. The 

model documentation is also available 

in the docket for today’s final rule, as 

are inputs for and outputs from analysis 

of today’s final CAFE standards. 

a. How does the model operate? 

As discussed above, the agency uses 

the Volpe model to estimate how 

manufacturers could attempt to comply 

with a given CAFE standard by adding 

technology to fleets that the agency 

anticipates they will produce in future 

model years. This exercise constitutes a 

simulation of manufacturers’ decisions 

regarding compliance with CAFE 

standards. 

This compliance simulation begins 

with the following inputs: (a) The 

baseline and reference market forecast 

discussed above in Section IV.C.1 and 

Chapter 1 of the TSD, (b) technologyrelated estimates discussed above in 

Section IV.C.2 and Chapter 3 of the 

TSD, (c) economic inputs discussed 

above in Section IV.C.3 and Chapter 4 

of the TSD, and (d) inputs defining 

baseline and potential new CAFE 

standards. For each manufacturer, the 

model applies technologies in a 

sequence that follows a defined 

engineering logic (‘‘decision trees’’ 

discussed in the MY 2011 final rule and 

in the model documentation) and a costminimizing strategy in order to identify 

a set of technologies the manufacturer 

could apply in response to new CAFE 

standards.644 The model applies 

technologies to each of the projected 

individual vehicles in a manufacturer’s 

fleet, until one of three things occurs: 

(1) The manufacturer’s fleet achieves 

compliance with the applicable 

standard; 

(2) The manufacturer ‘‘exhausts’’ 645

available technologies; or 

(3) For manufacturers estimated to be 

willing to pay civil penalties, the 

manufacturer reaches the point at which 

doing so would be more cost-effective 

(from the manufacturer’s perspective) 

than adding further technology.646

As discussed below, the model has 

also been modified in order to apply 

additional technology in early model 

years if doing so will facilitate 

compliance in later model years. This is 

designed to simulate a manufacturer’s 

decision to plan for CAFE obligations 

several years in advance, which NHTSA 

believes better replicates manufacturers’ 

actual behavior as compared to the yearby-year evaluation which EPCA would 

otherwise require. 

The model accounts explicitly for 

each model year, applying most 

technologies when vehicles are 

scheduled to be redesigned or 

freshened, and carrying forward 

technologies between model years. The 

CAFE model accounts explicitly for 

each model year because EPCA requires 

that NHTSA make a year-by-year 

determination of the appropriate level of 

stringency and then set the standard at 

mstockstill on DSKB9S0YB1PROD with RULES2

25598 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 

647 49 U.S.C. 32902(a) states that at least 18 

months before the beginning of each model year, 

the Secretary of Transportation shall prescribe by 

regulation average fuel economy standards for 

automobiles manufactured by a manufacturer in 

that model year, and that each standard shall be the 

maximum feasible average fuel economy level that 

the Secretary decides the manufacturers can 

achieve in that year. NHTSA has long interpreted 

this statutory language to require year-by-year 

assessment of manufacturer capabilities. 49 U.S.C. 

32902(b)(2)(C) also requires that standards increase 

ratably between MY 2011 and MY 2020. 

648As for all of its other rulemakings, NHTSA is 

required by Executive Order 12866 and DOT 

regulations to analyze the costs and benefits of 

CAFE standards. Executive Order 12866, 58 FR 

51735 (Oct. 4, 1993); DOT Order 2100.5, 

‘‘Regulatory Policies and Procedures,’’ 1979, 

available at http://regs.dot.gov/

rulemakingrequirements.htm (last accessed 

February 21, 2010). 649 74 FR 14372 (Mar. 30, 2009). 650 49 U.S.C. 32902(a). 

that level, while ensuring ratable 

increases in average fuel economy.647

The multi-year planning capability 

mentioned above increases the model’s 

ability to simulate manufacturers’ realworld behavior, accounting for the fact 

that manufacturers will seek out 

compliance paths for several model 

years at a time, while accommodating 

the year-by-year requirement. 

The model also calculates the costs, 

effects, and benefits of technologies that 

it estimates could be added in response 

to a given CAFE standard.648 It 

calculates costs by applying the cost 

estimation techniques discussed above 

in Section IV.C.2, and by accounting for 

the number of affected vehicles. It 

accounts for effects such as changes in 

vehicle travel, changes in fuel 

consumption, and changes in 

greenhouse gas and criteria pollutant 

emissions. It does so by applying the 

fuel consumption estimation techniques 

also discussed in Section IV.C.2, and the 

vehicle survival and mileage 

accumulation forecasts, the rebound 

effect estimate and the fuel properties 

and emission factors discussed in 

Section IV.C.3. Considering changes in 

travel demand and fuel consumption, 

the model estimates the monetized 

value of accompanying benefits to 

society, as discussed in Section IV.C.3. 

The model calculates both the 

undiscounted and discounted value of 

benefits that accrue over time in the 

future. 

The Volpe model has other 

capabilities that facilitate the 

development of a CAFE standard. It can 

be used to fit a mathematical function 

forming the basis for an attribute-based 

CAFE standard, following the steps 

described below. It can also be used to 

evaluate many (e.g., 200 per model year) 

potential levels of stringency 

sequentially, and identify the stringency 

at which specific criteria are met. For 

example, it can identify the stringency 

at which net benefits to society are 

maximized, the stringency at which a 

specified total cost is reached, or the 

stringency at which a given average 

required fuel economy level is attained. 

This allows the agency to compare more 

easily the impacts in terms of fuel 

savings, emissions reductions, and costs 

and benefits of achieving different levels 

of stringency according to different 

criteria. The model can also be used to 

perform uncertainty analysis (i.e., 

Monte Carlo simulation), in which input 

estimates are varied randomly according 

to specified probability distributions, 

such that the uncertainty of key 

measures (e.g., fuel consumption, costs, 

benefits) can be evaluated. 

b. Has NHTSA considered other 

models? 

Nothing in EPCA requires NHTSA to 

use the Volpe model. In principle, 

NHTSA could perform all of these tasks 

through other means. For example, in 

developing today’s final standards, the 

agency did not use the Volpe model’s 

curve fitting routines; rather, as 

discussed above in Section II, the 

agency fitted curves outside the model 

(as for the NPRM) but elected to retain 

the curve shapes defining the proposed 

standards. In general, though, these 

model capabilities have greatly 

increased the agency’s ability to rapidly, 

systematically, and reproducibly 

conduct key analyses relevant to the 

formulation and evaluation of new 

CAFE standards. 

During its previous rulemaking, 

which led to the final MY 2011 

standards promulgated earlier this year, 

NHTSA received comments from the 

Alliance and CARB encouraging 

NHTSA to examine the usefulness of 

other models. As discussed in that final 

rule, NHTSA, having undertaken such 

consideration, concluded that the Volpe 

model is a sound and reliable tool for 

the development and evaluation of 

potential CAFE standards.649 Also, 

although some observers have criticized 

analyses the agency has conducted 

using the Volpe model, those criticisms 

have largely concerned inputs to the 

model (such as fuel prices and the 

estimated economic cost of CO2

emissions), not the model itself. In 

comments on the NPRM preceding 

today’s final rule, one of these 

observers, the Center for Biological 

Diversity (CBD), suggested that the 

revisions to such inputs have produced 

an unbiased cost-benefit analysis. 

One commenter, the International 

Council on Clean Transportation (ICCT) 

suggested that the Volpe model is 

excessively complex and insufficiently 

transparent. However, in NHTSA’s 

view, the complexity of the Volpe 

model has evolved in response to the 

complex analytical demands 

surrounding very significant regulations 

impacting a large and important sector 

of the economy, and ICCT’s own 

comments illustrate some of the 

potential pitfalls of model 

simplification. Furthermore, ICCT’s 

assertions regarding model transparency 

relate to the use of confidential business 

information, not to the Volpe model 

itself; as discussed elsewhere in this 

final rule, NHTSA and the Volpe Center 

have taken pains to make the Volpe 

model transparent by releasing the 

model and supporting documentation, 

along with the underlying source code 

and accompanying model inputs and 

outputs. Therefore, the agency disagrees 

with these ICCT comments. 

In reconsidering and reaffirming this 

conclusion for purposes of this NPRM, 

NHTSA notes that the Volpe model not 

only has been formally peer-reviewed 

and tested through three rulemakings, 

but also has some features especially 

important for the analysis of CAFE 

standards under EPCA/EISA. Among 

these are the ability to perform year-byyear analysis, and the ability to account 

for engineering differences between 

specific vehicle models. 

EPCA requires that NHTSA set CAFE 

standards for each model year at the 

level that would be ‘‘maximum feasible’’ 

for that year.650 Doing so requires the 

ability to analyze each model year and, 

when developing regulations covering 

multiple model years, to account for the 

interdependency of model years in 

terms of the appropriate levels of 

stringency for each one. Also, as part of 

the evaluation of the economic 

practicability of the standards, as 

required by EPCA, NHTSA has 

traditionally assessed the annual costs 

and benefits of the standards. The first 

(2002) version of DOT’s model treated 

each model year separately, and did not 

perform this type of explicit accounting. 

Manufacturers took strong exception to 

these shortcomings. For example, GM 

commented in 2002 that ‘‘although the 

table suggests that the proposed 

standard for MY 2007, considered in 

isolation, promises benefits exceeding 

costs, that anomalous outcome is merely 

an artifact of the peculiar Volpe 

methodology, which treats each year 

independently of any other * * *’’ In 

2002, GM also criticized DOT’s analysis 

for, in some cases, adding a technology 

in MY 2006 and then replacing it with 

another technology in MY 2007. GM 

mstockstill on DSKB9S0YB1PROD with RULES2

Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 25599 

651Although a manufacturer may, in addition, 

generate CAFE credits in early model years for use 

in later model years (or, less likely, in later years 

for use in early years), EPCA does not allow 

NHTSA, when setting CAFE standards, to account 

for manufacturers’ use of CAFE credits. 

(and other manufacturers) argued that 

this completely failed to represent true 

manufacturer product-development 

cycles, and therefore could not be 

technologically feasible or economically 

practicable. 

In response to these concerns, and to 

related concerns expressed by other 

manufacturers, DOT modified the CAFE 

model in order to account for 

dependencies between model years and 

to better represent manufacturers’ 

planning cycles, in a way that still 

allowed NHTSA to comply with the 

statutory requirement to determine the 

appropriate level of the standards for 

each model year. This was 

accomplished by limiting the 

application of many technologies to 

model years in which vehicle models 

are scheduled to be redesigned (or, for 

some technologies, ‘‘freshened’’), and by 

causing the model to ‘‘carry forward’’ 

applied technologies from one model 

year to the next. 

During the recent rulemaking for MY 

2011 passenger cars and light trucks, 

DOT further modified the CAFE model 

to account for cost reductions 

attributable to ‘‘learning effects’’ related 

to volume (i.e., economies of scale) and 

the passage of time (i.e., time-based 

learning), both of which evolve on yearby-year basis. These changes were 

implemented in response to comments 

by environmental groups and other 

stakeholders. 

The Volpe model is also able to 

account for important engineering 

differences between specific vehicle 

models, and to thereby reduce the risk 

of applying technologies that may be 

incompatible with or already present on 

a given vehicle model. Some 

commenters have previously suggested 

that manufacturers are most likely to 

broadly apply generic technology 

‘‘packages,’’ and the Volpe model does 

tend to form ‘‘packages’’ dynamically, 

based on vehicle characteristics, 

redesign schedules, and schedules for 

increases in CAFE standards. For 

example, under the final CAFE 

standards for passenger cars, the CAFE 

model estimated that manufacturers 

could apply turbocharged SGDI engines 

mated with dual-clutch AMTs to 2.4 

million passenger cars in MY 2016, 

about 22 percent of the MY 2016 

passenger car fleet. Recent 

modifications to the model, discussed 

below, to represent multi-year planning, 

increase the model’s tendency to add 

relatively cost-effective technologies 

when vehicles are estimated to be 

redesigned, and thereby increase the 

model’s tendency to form such 

packages. 

On the other hand, some 

manufacturers have indicated that 

especially when faced with significant 

progressive increases in the stringency 

of new CAFE standards, they are likely 

to also look for narrower opportunities 

to apply specific technologies. By 

progressively applying specific 

technologies to specific vehicle models, 

the CAFE model also produces such 

outcomes. For example, under the final 

CAFE standards for passenger cars, the 

CAFE model estimated that in MY 2012, 

some manufacturers could find it 

advantageous to apply SIDI to some 

vehicle models without also adding 

turbochargers. 

By following this approach of 

combining technologies incrementally 

and on a model-by-model basis, the 

CAFE model is able to account for 

important engineering differences 

between vehicle models and avoid 

unlikely technology combinations. For 

example, the model does not apply 

dual-clutch AMTs (or strong hybrid 

systems) to vehicle models with 6-speed 

manual transmissions. Some vehicle 

buyers prefer a manual transmission; 

this preference cannot be assumed 

away. The model’s accounting for 

manual transmissions is also important 

for vehicles with larger engines: For 

example, cylinder deactivation cannot 

be applied to vehicles with manual 

transmissions because there is no 

reliable means of predicting when the 

driver will change gears. By retaining 

cylinder deactivation as a specific 

technology rather than part of a predetermined package and by retaining 

differentiation between vehicles with 

different transmissions, DOT’s model is 

able to target cylinder deactivation only 

to vehicle models for which it is 

technologically feasible. 

The Volpe model also produces a 

single vehicle-level output file that, for 

each vehicle model, shows which 

technologies were present at the outset 

of modeling, which technologies were 

superseded by other technologies, and 

which technologies were ultimately 

present at the conclusion of modeling. 

For each vehicle, the same file shows 

resultant changes in vehicle weight, fuel 

economy, and cost. This provides for 

efficient identification, analysis, and 

correction of errors, a task with which 

the public can now assist the agency, 

since all inputs and outputs are public. 

Such considerations, as well as those 

related to the efficiency with which the 

Volpe model is able to analyze attributebased CAFE standards and changes in 

vehicle classification, and to perform 

higher-level analysis such as stringency 

estimation (to meet predetermined 

criteria), sensitivity analysis, and 

uncertainty analysis, lead the agency to 

conclude that the model remains the 

best available to the agency for the 

purposes of analyzing potential new 

CAFE standards. 

c. What changes has DOT made to the 

model? 

As discussed in the NPRM preceding 

today’s final rule, the Volpe model has 

been revised to make some minor 

improvements, and to add one 

significant new capability: The ability to 

simulate manufacturers’ ability to 

engage in ‘‘multi-year planning.’’ Multiyear planning refers to the fact that 

when redesigning or freshening 

vehicles, manufacturers can anticipate 

future fuel economy or CO2 standards, 

and add technologies accounting for 

these standards. For example, a 

manufacturer might choose to overcomply in a given model year when 

many vehicle models are scheduled for 

redesign, in order to facilitate 

compliance in a later model year when 

standards will be more stringent yet few 

vehicle models are scheduled for 

redesign.651 Prior comments have 

indicated that the Volpe model, by not 

representing such manufacturer choices, 

tended to overestimate compliance 

costs. However, because of the technical 

complexity involved in representing 

these choices when, as in the Volpe 

model, each model year is accounted for 

separately and explicitly, the model 

could not be modified to add this 

capability prior to the statutory deadline 

for the MY 2011 final standards. 

The model now includes this 

capability, and NHTSA has applied it in 

conducting analysis to support the 

NPRM and in analyzing the standards 

finalized today. Consequently, this new 

capability often produces results 

indicating that manufacturers could 

over-comply in some model years (with 

corresponding increases in costs and 

benefits in those model years) and 

thereby ‘‘carry forward’’ technology into 

later model years in order to reduce 

compliance costs in those later model 

years. NHTSA believes this better 

represents how manufacturers would 

actually respond to new CAFE 

standards, and thereby produces more 

realistic estimates of the costs and 

benefits of such standards. 

The Volpe model has also been 

modified to accommodate inputs 

specifying the amount of CAFE credit to 

be applied to each manufacturer’s fleet. 

mstockstill on DSKB9S0YB1PROD with RULES2

25600 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 

652See Section IV.F below for a discussion of the 

regulatory alternatives considered in this 

rulemaking. 

653We note, however, that files from any 

supplemental analysis conducted that relied in part 

on confidential manufacturer product plans cannot 

be made public, as prohibited under 49 CFR part 

512. 

Although the model is not currently 

capable of estimating manufacturers’ 

decisions regarding the generation and 

use of CAFE credits, and EPCA does not 

allow NHTSA, in setting CAFE 

standards, to take into account 

manufacturers’ potential use of credits, 

this additional capability in the Volpe 

model provides a basis for more 

accurately estimating costs, effects, and 

benefits that may actually result from 

new CAFE standards. Insofar as some 

manufacturers actually do earn and use 

CAFE credits, this provides NHTSA 

with some ability to examine outcomes 

more realistically than EPCA allows for 

purposes of setting new CAFE 

standards. 

In comments on recent NHTSA 

rulemakings, some reviewers have 

suggested that the Volpe model should 

be modified to estimate the extent to 

which new CAFE standards would 

induce changes in the mix of vehicles in 

the new vehicle fleet. NHTSA, like EPA, 

agrees that a ‘‘market shift’’ model, also 

called a consumer vehicle choice model, 

could provide useful information 

regarding the possible effects of 

potential new CAFE standards. An 

earlier experimental version of the 

Volpe model included a multinomial 

logit model that estimated changes in 

sales resulting from CAFE-induced 

increases in new vehicle fuel economy 

and prices. A fuller description of this 

attempt can be found in Section V of the 

FRIA. However, NHTSA has thus far 

been unable to develop credible 

coefficients specifying such a model. In 

addition, as discussed in Section II.H.4, 

such a model is sensitive to the 

coefficients used in it, and there is great 

variation over some key values of these 

coefficients in published studies. 

In the NPRM preceding today’s final 

rule, NHTSA sought comment on ways 

to improve on this earlier work and 

develop this capability effectively. Some 

comments implied that the agency 

should continue work to do so, without 

providing specific recommendations. 

The Alliance of Automobile 

Manufacturers identified consumer 

choice as one of several factors outside 

the industry’s control yet influential 

with respect to the agencies’ analysis. 

Also, the University of Pennsylvania 

Environmental Law Project suggested 

that the rule would change consumers’ 

vehicle purchasing decisions, and the 

California Air Resources Board 

expressed support for continued 

consideration of consumer choice 

modeling. On the other hand, citing 

concerns regarding model calibration, 

handling of advanced technologies, and 

applicability to the future light vehicle 

market, ACEEE, ICCT, UCS, and NRDC 

all expressed opposition to the 

possibility of using consumer choice 

models in estimating the costs and 

benefits of new standards. 

Notwithstanding comments on this 

issue, NHTSA has been unable to 

further develop this capability in time to 

include it in the analysis supporting 

decisions regarding final CAFE 

standards. The agency will, however, 

continue efforts to develop and make 

use of this capability in future 

rulemakings, taking into account 

comments received in connection with 

today’s final rule. 

d. Does the model set the standards? 

Since NHTSA began using the Volpe 

model in CAFE analysis, some 

commenters have interpreted the 

agency’s use of the model as the way by 

which the agency chooses the maximum 

feasible fuel economy standards. This is 

incorrect. Although NHTSA currently 

uses the Volpe model as a tool to inform 

its consideration of potential CAFE 

standards, the Volpe model does not 

determine the CAFE standards that 

NHTSA proposes or promulgates as 

final regulations. The results it produces 

are completely dependent on inputs 

selected by NHTSA, based on the best 

available information and data available 

in the agency’s estimation at the time 

standards are set. Although the model 

has been programmed in previous 

rulemakings to estimate at what 

stringency net benefits are maximized, it 

was not the model’s decision to seek 

that level of stringency, it was the 

agency’s, as it is always the agency’s 

decision what level of CAFE stringency 

is appropriate. Ultimately, NHTSA’s 

selection of appropriate CAFE standards 

is governed and guided by the statutory 

requirements of EPCA, as amended by 

EISA: NHTSA sets the standard at the 

maximum feasible average fuel economy 

level that it determines is achievable 

during a particular model year, 

considering technological feasibility, 

economic practicability, the effect of 

other standards of the Government on 

fuel economy, and the need of the 

nation to conserve energy. 

NHTSA considers the results of 

analyses conducted by the Volpe model 

and analyses conducted outside of the 

Volpe model, including analysis of the 

impacts of carbon dioxide and criteria 

pollutant emissions, analysis of 

technologies that may be available in 

the long term and whether NHTSA 

could expedite their entry into the 

market through these standards, and 

analysis of the extent to which changes 

in vehicle prices and fuel economy 

might affect vehicle production and 

sales. Using all of this information—not 

solely that from the Volpe model—the 

agency considers the governing 

statutory factors, along with 

environmental issues and other relevant 

societal issues such as safety, and 

promulgates the standards based on its 

best judgment on how to balance these 

factors. 

This is why the agency considered 

eight regulatory alternatives, only one of 

which reflects the agency’s final 

standards, based on the agency’s 

determinations and assumptions. Others 

assess alternative standards, some of 

which exceed the final standards and/or 

the point at which net benefits are 

maximized.652 These comprehensive 

analyses, which also included scenarios 

with different economic input 

assumptions as presented in the FEIS 

and FRIA, are intended to inform and 

contribute to the agency’s consideration 

of the ‘‘need of the United States to 

conserve energy,’’ as well as the other 

statutory factors. 49 U.S.C. 32902(f). 

Additionally, the agency’s analysis 

considers the need of the nation to 

conserve energy by accounting for 

economic externalities of petroleum 

consumption and monetizing the 

economic costs of incremental CO2

emissions in the social cost of carbon. 

NHTSA uses information from the 

model when considering what standards 

to propose and finalize, but the model 

does not determine the standards. 

e. How does NHTSA make the model 

available and transparent? 

Model documentation, which is 

publicly available in the rulemaking 

docket and on NHTSA’s Web site, 

explains how the model is installed, 

how the model inputs (all of which are 

available to the public) 653 and outputs 

are structured, and how the model is 

used. The model can be used on any 

Windows-based personal computer with 

Microsoft Office 2003 or 2007 and the 

Microsoft .NET framework installed (the 

latter available without charge from 

Microsoft). The executable version of 

the model and the underlying source 

code are also available at NHTSA’s Web 

site. The input files used to conduct the 

core analysis documented in this final 

rule are available in the public docket. 

With the model and these input files, 

anyone is capable of independently 

mstockstill on DSKB9S0YB1PROD with RULES2

Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 25601 

654 49 U.S.C. 32902(a)(3)(A). 655As discussed in Chapter 2 of the TSD, EPA is 

also setting attribute-based CO2 standards that are 

defined by a mathematical function, given the 

advantages of using attribute-based standards and 

given the goal of coordinating and harmonizing the 

CAFE and CO2 standards as expressed by President 

Obama in his announcement of the new National 

Program and in the joint NOI. 

running the model to repeat, evaluate, 

and/or modify the agency’s analysis. 

NHTSA is aware of two attempts by 

commenters to install and use the Volpe 

model in connection with the NPRM. 

James Adcock, an individual reviewer, 

reported difficulties installing the model 

on a computer with Microsoft® Office 

2003 installed. Also, students from the 

University of California at Santa 

Barbara, though successful in installing 

and running the model, reported being 

unable to reproduce NHTSA’s results 

underlying the development of the 

shapes of the passenger car and light 

truck curves. 

Regarding the difficulties Mr. Adcock 

reported encountering, NHTSA staff is 

aware of no attempts to contact the 

agency for assistance locating 

supporting material related to the MYs 

2012–2016 CAFE rulemaking. Further, 

the model documentation provides 

specific minimum hardware 

requirements and also indicates 

operating environment requirements, 

both of which have remained materially 

unchanged for more than a year. Volpe 

Center staff members routinely install 

and run the model successfully on new 

laptops, desktops, and servers as part of 

normal equipment refreshes and 

interagency support activities. We 

believe, therefore, that if the minimum 

hardware and operating environment 

requirements are met, installing and 

running the model should be 

straightforward and successful. The 

model documentation notes that some 

of the development and operating 

environment used by the Volpe model 

(e.g., the software environment rather 

than the hardware on which that 

software environment operates), 

particularly the version of Microsoft®

Excel used by the model, is Microsoft®

Office 2003. We recognize that some 

users may have more recent versions of 

Microsoft® Office. However, as in the 

case of other large organizations, 

software licensing decisions, including 

the version of Microsoft® Office, is 

centralized in the Office of the Chief 

Information Officer. Nonetheless, the 

Volpe Model is proven on both 

Microsoft® Office version 2003 and the 

newer 2007 version. 

As discussed in Section II.C, 

considering comments by the UC Santa 

Barbara students regarding difficulties 

reproducing NHTSA’s analysis, NHTSA 

reexamined its analysis, and discovered 

some erroneous entries in model inputs 

underlying the analysis used to develop 

the curves proposed in the NPRM. 

These errors are discussed in the FRIA 

and have since been corrected. Updated 

inputs and outputs have been posted to 

NHTSA’s Web site, and should enable 

outside replication of the analysis 

documented in today’s notice. 

5. How did NHTSA develop the shape 

of the target curves for the final 

standards? 

In developing the shape of the target 

curves for today’s final standards, 

NHTSA took a new approach, primarily 

in response to comments received in the 

MY 2011 rulemaking. NHTSA’s 

authority under EISA allows 

consideration of any ‘‘attribute related to 

fuel economy’’ and any ‘‘mathematical 

function.’’ While the attribute, footprint, 

is the same for these final standards as 

the attribute used for the MY 2011 

standards, the mathematical function is 

new. 

Both vehicle manufacturers and 

public interest groups expressed 

concern in the MY 2011 rulemaking 

process that the constrained logistic 

function, particularly the function for 

the passenger car standards, was overly 

steep and could lead, on the one hand, 

to fuel economy targets that were overly 

stringent for small footprint vehicles, 

and on the other hand, to a greater 

incentive for manufacturers to upsize 

vehicles in order to reduce their 

compliance obligation (because largerfootprint vehicles have less stringent 

targets) in ways that could compromise 

energy and environmental benefits. 

Given comments received in response to 

the NPRM preceding this final rule, it 

appears that the constrained linear 

function developed here significantly 

mitigates prior steepness concerns, and 

appropriately balances, for purposes of 

this rulemaking, the objectives of (1) 

discouraging vehicle downsizing that 

could compromise highway safety and 

(2) avoiding an overly strong incentive 

to increase vehicle sizes in ways that 

could compromise energy and 

environmental benefits. 

a. Standards Are Attribute-Based and 

Defined by a Mathematical Function 

EPCA, as amended by EISA, expressly 

requires that CAFE standards for 

passenger cars and light trucks be based 

on one or more vehicle attributes related 

to fuel economy, and be expressed in 

the form of a mathematical function.654

Like the MY 2011 standards, the MY 

2012–2016 passenger car and light truck 

standards are attribute-based and 

defined by a mathematical function.655

Also like the MY 2011 standards, the 

MY 2012–2016 standards are based on 

the footprint attribute. However, unlike 

the MY 2011 standards, the MY 2012– 

2016 standards are defined by a 

constrained linear rather than a 

constrained logistic function. The 

reasons for these similarities and 

differences are explained below. 

As discussed above in Section II, 

under attribute-based standards, the 

fleet-wide average fuel economy that a 

particular manufacturer must achieve in 

a given model year depends on the mix 

of vehicles that it produces for sale. 

Until NHTSA began to set ‘‘Reformed’’ 

attribute-based standards for light trucks 

in MYs 2008–2011, and until EISA gave 

NHTSA authority to set attribute-based 

standards for passenger cars beginning 

in MY 2011, NHTSA set ‘‘universal’’ or 

‘‘flat’’ industry-wide average CAFE 

standards. Attribute-based standards are 

preferable to universal industry-wide 

average standards for several reasons. 

First, attribute-based standards increase 

fuel savings and reduce emissions when 

compared to an equivalent universal 

industry-wide standard under which 

each manufacturer is subject to the same 

numerical requirement. Absent a policy 

to require all full-line manufacturers to 

produce and sell essentially the same 

mix of vehicles, the stringency of the 

universal industry-wide standards is 

constrained by the capability of those 

full-line manufacturers whose product 

mix includes a relatively high 

proportion of larger and heavier 

vehicles. In effect, the standards are 

based on the mix of those 

manufacturers. As a result, the 

standards are generally set below the 

capabilities of full-line and limited-line 

manufacturers that sell predominantly 

lighter and smaller vehicles. 

Under an attribute-based system, in 

contrast, every manufacturer is more 

likely to be required to continue adding 

more fuel-saving technology each year 

because the level of the compliance 

obligation of each manufacturer is based 

on its own particular product mix. 

Thus, the compliance obligation of a 

manufacturer with a higher percentage 

of lighter and smaller vehicles will have 

a higher compliance obligation than a 

manufacturer with a lower percentage of 

such vehicles. As a result, all 

manufacturers must use technologies to 

enhance the fuel economy levels of the 

vehicles they sell. Therefore, fuel 

savings and CO2 emissions reductions 

should be higher under an attributebased system than under a comparable 

industry-wide standard. 

Second, attribute-based standards 

minimize the incentive for 

manufacturers to respond to CAFE in 

mstockstill on DSKB9S0YB1PROD with RULES2

25602 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 

656The 2002 NAS Report described at length and 

quantified the potential safety problem with average 

fuel economy standards that specify a single 

numerical requirement for the entire industry. See 

NAS Report at 5, finding 12. 

657 Id. at 4–5, finding 10. 

658See 74 FR at 14358–59 (Mar. 30, 2009). 

ways harmful to safety.656 Because each 

vehicle model has its own target (based 

on the attribute chosen), attribute-based 

standards provide no incentive to build 

smaller vehicles simply to meet a fleetwide average. Since smaller vehicles are 

subject to more stringent fuel economy 

targets, a manufacturer’s increasing its 

proportion of smaller vehicles would 

simply cause its compliance obligation 

to increase. 

Third, attribute-based standards 

provide a more equitable regulatory 

framework for different vehicle 

manufacturers.657 A universal industrywide average standard imposes 

disproportionate cost burdens and 

compliance difficulties on the 

manufacturers that need to change their 

product plans and no obligation on 

those manufacturers that have no need 

to change their plans. Attribute-based 

standards spread the regulatory cost 

burden for fuel economy more broadly 

across all of the vehicle manufacturers 

within the industry. 

And fourth, attribute-based standards 

respect economic conditions and 

consumer choice, instead of having the 

government mandate a certain fleet mix. 

Manufacturers are required to invest in 

technologies that improve the fuel 

economy of their fleets, regardless of 

vehicle mix. Additionally, attributebased standards help to avoid the need 

to conduct rulemakings to amend 

standards if economic conditions 

change, causing a shift in the mix of 

vehicles demanded by the public. 

NHTSA conducted three rulemakings 

during the 1980s to amend passenger 

car standards for MYs 1986–1989 in 

response to unexpected drops in fuel 

prices and resulting shifts in consumer 

demand that made the universal 

passenger car standard of 27.5 mpg 

infeasible for several years following the 

change in fuel prices. 

As discussed above in Section II, for 

purposes of the CAFE standards 

finalized in this NPRM, NHTSA 

recognizes that the risk, even if small, 

does exist that low fuel prices in MYs 

2012–2016 might lead indirectly to less 

than currently anticipated fuel savings 

and emissions reductions. Section II 

discusses the reasons that the agency 

does not believe that fuel savings and 

emissions reductions will be 

significantly lower than anticipated 

such as to warrant additional backstop 

measures beyond the one mandated by 

EISA, but the agency will monitor the 

situation and consider further 

rulemaking solutions if necessary and as 

lead time permits. See also Section 

IV.E.3 below for further discussion of 

NHTSA’s backstop authority. 

b. What attribute does NHTSA use, and 

why? 

Consistent with the MY 2011 CAFE 

standards, NHTSA is using footprint as 

the attribute for the MY 2012–2016 

CAFE standards. There are several 

policy reasons why NHTSA and EPA 

both believe that footprint is the most 

appropriate attribute on which to base 

the standards, as discussed below. 

As discussed in Section IV.D.1.a.ii 

below, in NHTSA’s judgment, from the 

standpoint of vehicle safety, it is 

important that the CAFE standards be 

set in a way that does not encourage 

manufacturers to respond by selling 

vehicles that are in any way less safe. 

NHTSA’s research indicates that 

reductions in vehicle mass tend to 

compromise vehicle safety if applied on 

an equal basis across the entire light 

duty vehicle fleet, however if greater 

mass reduction is applied to the higher 

mass vehicles (the larger light trucks), 

an improvement in aggregate fleet safety 

is possible. Footprint-based standards 

provide an incentive to use advanced 

lightweight materials and structures 

that, if carefully designed and validated, 

should minimize impacts on safety, 

although that will be better proven as 

these vehicles become more prevalent in 

the future. 

Further, although we recognize that 

weight is better correlated with fuel 

economy than is footprint, we continue 

to believe that there is less risk of 

‘‘gaming’’ (artificial manipulation of the 

attribute(s) to achieve a more favorable 

target) by increasing footprint under 

footprint-based standards than by 

increasing vehicle mass under weightbased standards—it is relatively easy for 

a manufacturer to add enough weight to 

a vehicle to decrease its applicable fuel 

economy target a significant amount, as 

compared to increasing vehicle 

footprint. We also agree with concerns 

raised in 2008 by some commenters in 

the MY 2011 CAFE rulemaking that 

there would be greater potential for 

gaming under multi-attribute standards, 

such as standards under which targets 

would also depend on attributes such as 

weight, torque, power, towing 

capability, and/or off-road capability. 

Standards that incorporate such 

attributes in conjunction with footprint 

would not only be significantly more 

complex, but by providing degrees of 

freedom with respect to more easilyadjusted attributes, they would make it 

less certain that the future fleet would 

actually achieve the projected average 

fuel economy and CO2 reduction levels. 

As discussed above in Section II.C, 

NHTSA and EPA sought comment on 

whether the agencies should consider 

setting standards for the final rule based 

on another attribute or another 

combination of attributes. Although 

NHTSA specifically requested that the 

commenters address the concerns raised 

in the paragraphs above regarding the 

use of other attributes, and explain how 

standards should be developed using 

the other attribute(s) in a way that 

contributes more to fuel savings and 

CO2 reductions than the footprint-based 

standards, without compromising 

safety, commenters raising the issue 

largely reiterated comments submitted 

in prior CAFE rulemakings, which the 

agency answered in the MY 2011 final 

rule.658 As a result, and as discussed 

further in Section II, the agencies 

finalized target curve standards based 

on footprint for MYs 2012–2016. 

c. What mathematical function did 

NHTSA use for the recentlypromulgated MY 2011 CAFE standards? 

The MY 2011 CAFE standards are 

defined by a continuous, constrained 

logistic function, which takes the form 

of an S-curve, and is defined according 

to the following formula: 

TARGET

e

FOOTPRINT c

FOOTPRINT c

=

+ − ⎛

⎝

⎜ ⎞

⎠

⎟

+

( ) −

( ) −

1

1 11

a ba 1

e d

d


mstockstill on DSKB9S0YB1PROD with RULES2ER07MY10.028</MATH>
Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 25603 

659 e is the irrational number for which the slope 

of the function y = numberx is equal to 1 when x 

is equal to zero. The first 8 digits of e are 2.7182818. 

Here, TARGET is the fuel economy target 

(in mpg) applicable to vehicles of a given 

footprint (FOOTPRINT, in square feet), b and 

a are the function’s lower and upper 

asymptotes (also in mpg), e is approximately 

equal to 2.718,659 c is the footprint (in square 

feet) at which the inverse of the fuel economy 

target falls halfway between the inverses of 

the lower and upper asymptotes, and d is a 

parameter (in square feet) that determines 

how gradually the fuel economy target 

transitions from the upper toward the lower 

asymptote as the footprint increases. 

After fitting this mathematical form 

(separately) to the passenger car and 

light truck fleets and determining the 

stringency of the standards (i.e., the 

vertical positions of the curves), NHTSA 

arrived at the following curves to define 

the MY 2011 standards: 

d. What mathematical function is 

NHTSA using for the MYs 2012–2016 

CAFE standards, and why? 

In finalizing the MY 2011 standards, 

NHTSA noted that the agency is not 

required to use a constrained logistic 

function and indicated that the agency 

may consider defining future CAFE 

standards in terms of a different 

mathematical function. NHTSA has 

done so for the final CAFE standards. 

In revisiting this question, NHTSA 

found that the final MY 2011 CAFE 

standard for passenger cars, though less 

steep than the MY 2011 standard 

NHTSA final in 2008, continues to 

concentrate the sloped portion of the 

curve (from a compliance perspective, 

the area in which upsizing results in a 

slightly lower applicable target) within 

a relatively narrow footprint range 

(approximately 47–55 square feet). 

Further, most passenger car models 

have footprints smaller than the curve’s 

51.4 square foot inflection point, and 

many passenger car models have 

footprints at which the curve is 

relatively flat. 

For both passenger cars and light 

trucks, a mathematical function that has 

some slope at most footprints where 

vehicles are produced is advantageous 

in terms of fairly balancing regulatory 

burdens among manufacturers, and in 

terms of providing a disincentive to 

respond to new standards by 

downsizing vehicles in ways that 

compromise vehicle safety. For 

example, a flat standard may be very 

difficult for a full-line manufacturer to 

meet, while requiring very little of a 

manufacturer concentrating on small 

vehicles, and a flat standard may 

provide an incentive to manufacturers 

to downsize certain vehicles, in order to 

‘‘balance out’’ other vehicles subject to 

the same standard. As discussed above 

in Section II.C, NHTSA and EPA have 

considered comments by students from 

UC Santa Barbara indicating that the 

passenger car and light truck curves 

should be flatter. The agencies conclude 

that flatter curves would reduce the 

incentives intended in shifting from 


mstockstill on DSKB9S0YB1PROD with RULES2ER07MY10.029</GPH>
25604 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 

660The agencies excluded diesel engines and 

strong hybrid vehicle technologies from this 

exercise (and only this exercise) because the 

agencies expect that manufacturers would not need 

to rely heavily on these technologies in order to 

comply with the final standards. NHTSA and EPA 

did include diesel engines and strong hybrid 

vehicle technologies in all other portions of their 

analyses. 

661EISA added the following additional 

requirements: (1) Standards must be attribute-based 

and expressed in the form of a mathematical 

function. 49 U.S.C. 32902(b)(3)(A). (2) Standards for 

MYs 2011–2020 must ‘‘increase ratably’’ in each 

model year. 49 U.S.C. 32902(b)(2)(C). This 

requirement does not have a precise mathematical 

meaning, particularly because it must be interpreted 

in conjunction with the requirement to set the 

standards for each model year at the level 

determined to be the maximum feasible level for 

that model year. Generally speaking, the 

requirement for ratable increases means that the 

annual increases should not be disproportionately 

large or small in relation to each other. 

662 49 U.S.C. 32902(b)(2)(A). 

‘‘flat’’ CAFE standards to attribute-based 

CAFE and GHG standards—those being 

the incentive to respond to attributebased standards in ways that minimize 

compromises in vehicle safety, and the 

incentive for more manufacturers (than 

primarily those selling a wider range of 

vehicles) across the range of the 

attribute to have to increase the 

application of fuel-saving technologies. 

As a potential alternative to the 

constrained logistic function, NHTSA 

had, in proposing MY 2011 standards, 

presented information regarding a 

constrained linear function. As shown 

in the 2008 NPRM, a constrained linear 

function has the potential to avoid 

creating a localized region (in terms of 

vehicle footprint) over which the slope 

of the function is relatively steep. 

Although NHTSA did not receive public 

comments on this option at that time, 

the agency indicated that it still 

believed a linear function constrained 

by upper (on a gpm basis) and possibly 

lower limits could merit reconsideration 

in future CAFE rulemakings. 

Having re-examined a constrained 

linear function for purposes of the final 

standards, and considered comments 

discussed above in Section II, NHTSA, 

with EPA, concludes that for both 

passenger cars and light trucks, the 

constrained linear functions finalized 

today remain meaningfully sloped over 

a wide footprint range, thereby 

providing a well-distributed 

disincentive to downsize vehicles in 

ways that could compromise highway 

safety. Further, the constrained linear 

functions finalized today are not so 

steeply sloped that they would provide 

a strong incentive to increase vehicle 

size in order to obtain a lower CAFE 

requirement and higher CO2 limit, 

thereby compromising energy and 

environmental benefits. Therefore, 

today’s final CAFE standards are 

defined by constrained linear functions. 

The constrained linear function is 

defined according to the following 

formula: 

TARGET

MIN MAX c FOOTPRINT d,

=

× + ⎛

⎝

⎜ ⎞

⎠

⎟ ⎡

⎣

⎢ ⎤

⎦

⎥

1

1 1

a b,

Here, TARGET is the fuel economy target 

(in mpg) applicable to vehicles of a given 

footprint (FOOTPRINT, in square feet), b and 

a are the function’s lower and upper 

asymptotes (also in mpg), respectively, c is 

the slope (in gpm per square foot) of the 

sloped portion of the function, and d is the 

intercept (in gpm) of the sloped portion of 

the function (that is, the value the sloped 

portion would take if extended to a footprint 

of 0 square feet. The MIN and MAX functions 

take the minimum and maximum, 

respectively of the included values; for 

example, MIN(1,2) = 1, MAX(1,2) = 2, and 

MIN[MAX(1,2),3)]=2. 

e. How did NHTSA fit the coefficients 

that determine the shape of the final 

curves? 

For purposes of this final rule and the 

preceding NPRM, and for EPA’s use in 

developing new CO2 emissions 

standards, potential curve shapes were 

fitted using methods similar to those 

applied by NHTSA in fitting the curves 

defining the MY 2011 standards. We 

began with the market inputs discussed 

above, but because the baseline fleet is 

technologically heterogeneous, NHTSA 

used the CAFE model to develop a fleet 

to which nearly all the technologies 

discussed in Section V of the FRIA and 

Chapter 3 of the Joint TSD 660 were 

applied, by taking the following steps: 

(1) Treating all manufacturers as 

unwilling to pay civil penalties rather 

than applying technology, (2) applying 

any technology at any time, irrespective 

of scheduled vehicle redesigns or 

freshening, and (3) ignoring ‘‘phase-in 

caps’’ that constrain the overall amount 

of technology that can be applied by the 

model to a given manufacturer’s fleet. 

These steps helped to increase 

technological parity among vehicle 

models, thereby providing a better basis 

(than the baseline fleet) for estimating 

the statistical relationship between 

vehicle size and fuel economy. 

However, while this approach 

produced curves that the agencies’ 

judged appropriate for the NPRM, it did 

not do so for the final rule. Corrections 

to some engineering inputs in NHTSA’s 

market forecast, while leading to a light 

truck curve nearly identical to that 

derived for the NPRM, yielded a 

considerably steeper passenger car 

curve. As discussed above in Section II, 

NHTSA and EPA are concerned about 

the incentives that would result from a 

significantly steeper curve. Considering 

this, and considering that the updated 

analysis—in terms of the error measure 

applied by the agency—supports the 

curve from the NPRM nearly as well as 

it supports the steeper curve, NHTSA 

and EPA are promulgating final 

standards based on the curves proposed 

in the NPRM. 

More information on the process for 

fitting the passenger car and light truck 

curves for MYs 2012–2016 is available 

above in Section II.C, and NHTSA refers 

the reader to that section and to Chapter 

2 of the Joint TSD. Section II.C also 

discusses comments NHTSA and EPA 

received on this process, and on the 

outcomes thereof. 

D. Statutory Requirements 

1. EPCA, as Amended by EISA 

a. Standard Setting 

NHTSA must establish separate 

standards for MY 2011–2020 passenger 

cars and light trucks, subject to two 

principal requirements.661 First, the 

standards are subject to a minimum 

requirement regarding stringency: they 

must be set at levels high enough to 

ensure that the combined U.S. passenger 

car and light truck fleet achieves an 

average fuel economy level of not less 

than 35 mpg not later than MY 2020.662

Second, as discussed above and at 

length in the March 2009 final rule 

establishing the MY 2011 CAFE 

standards, EPCA requires that the 

agency establish standards for all new 

passenger cars and light trucks at the 

maximum feasible average fuel economy 

level that the Secretary decides the 

manufacturers can achieve in that 

model year, based on a balancing of 


mstockstill on DSKB9S0YB1PROD with RULES2ER07MY10.030</MATH>
Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 25605 

663 49 U.S.C. 32902(a). 664 67 FR 77015, 77021 (Dec. 16, 2002). 665CEI–I, 793 F.2d 1322, 1352 (DC Cir. 1986). 

express statutory and other factors.663

The implication of this second 

requirement is that it calls for setting a 

standard that exceeds the minimum 

requirement if the agency determines 

that the manufacturers can achieve a 

higher level. When determining the 

level achievable by the manufacturers, 

EPCA requires that the agency consider 

the four statutory factors of 

technological feasibility, economic 

practicability, the effect of other motor 

vehicle standards of the Government on 

fuel economy, and the need of the 

United States to conserve energy. In 

addition, the agency has the authority to 

and traditionally does consider other 

relevant factors, such as the effect of the 

CAFE standards on motor vehicle safety. 

The ultimate determination of what 

standards can be considered maximum 

feasible involves a weighing and 

balancing of these factors. NHTSA 

received a number of comments on how 

the agency interprets its statutory 

requirements, and will respond to them 

in this section. 

i. Statutory Factors Considered in 

Determining the Achievable Level of 

Average Fuel Economy 

As none of the four factors is defined 

in EPCA and each remains interpreted 

only to a limited degree by case law, 

NHTSA has considerable latitude in 

interpreting them. NHTSA interprets the 

four statutory factors as set forth below. 

(1) Technological Feasibility 

‘‘Technological feasibility’’ refers to 

whether a particular technology for 

improving fuel economy is available or 

can become available for commercial 

application in the model year for which 

a standard is being established. Thus, 

the agency is not limited in determining 

the level of new standards to technology 

that is already being commercially 

applied at the time of the rulemaking. It 

can, instead, set technology-forcing 

standards, i.e., ones that make it 

necessary for manufacturers to engage in 

research and development in order to 

bring a new technology to market. 

Commenters appear to have generally 

agreed with the agency’s interpretation 

of technological feasibility. NESCAUM 

commented that the proposed standards 

were technologically feasible and costeffective in the rulemaking timeframe. 

CBD and the UCSB students focused 

their comments more on the technologyforcing aspects of the definition of 

technological feasibility. CBD 

commented that the standards must be 

below the level of all that is 

technologically feasible if all the 

technology necessary to meet them is 

available today. The UCSB students 

similarly commented that the agencies 

should not base regulations for MY 2016 

solely on technologies available today, 

that they should also consider 

technologies still in the research phase 

for the later years of the rulemaking 

timeframe. 

While NHTSA agrees that the 

technological feasibility factor can 

include a degree of technology forcing, 

and that this could certainly be 

appropriate given EPCA’s overarching 

purpose of energy conservation, we note 

that determining what levels of 

technology to require in the rulemaking 

timeframe requires a balancing of all 

relevant factors. Technologies that are 

still in the research phase now may be 

sufficiently advanced to become 

available for commercial application in, 

for example, MY 2016. However, given 

the rate at which the standards already 

require average mpg to rise, and given 

the current state of the industry, NHTSA 

does not believe that it would be 

reasonable to set standards mandating 

that manufacturers devote substantial 

resources to bringing these technologies 

to market immediately rather than to 

simply improving the fuel economy of 

their fleets by applying more of the 

technologies on the market today. As 

will be discussed further in Section IV.F 

below, technological feasibility is one of 

four factors that the agency balances in 

determining what standards would be 

maximum feasible for each model year. 

As the balancing may vary depending 

on the circumstances at hand for the 

model years in which the standards are 

set, the extent to which technological 

feasibility is simply met or plays a more 

dynamic role may also shift. 

(2) Economic Practicability 

‘‘Economic practicability’’ refers to 

whether a standard is one ‘‘within the 

financial capability of the industry, but 

not so stringent as to’’ lead to ‘‘adverse 

economic consequences, such as a 

significant loss of jobs or the 

unreasonable elimination of consumer 

choice.’’ 664 In an attempt to ensure the 

standards’ economic practicability, the 

agency considers a variety of factors, 

including the annual rate at which 

manufacturers can increase the 

percentage of the fleet that has a 

particular type of fuel saving 

technology, and cost to consumers. 

Consumer acceptability is also an 

element of economic practicability. 

At the same time, the law does not 

preclude a CAFE standard that poses 

considerable challenges to any 

individual manufacturer. The 

Conference Report for EPCA, as enacted 

in 1975, makes clear, and the case law 

affirms, ‘‘(A) determination of maximum 

feasible average fuel economy should 

not be keyed to the single manufacturer 

which might have the most difficulty 

achieving a given level of average fuel 

economy.’’ 665 Instead, the agency is 

compelled ‘‘to weigh the benefits to the 

nation of a higher fuel economy 

standard against the difficulties of 

individual automobile manufacturers.’’ 

Id. The law permits CAFE standards 

exceeding the projected capability of 

any particular manufacturer as long as 

the standard is economically practicable 

for the industry as a whole. Thus, while 

a particular CAFE standard may pose 

difficulties for one manufacturer, it may 

also present opportunities for another. 

The CAFE program is not necessarily 

intended to maintain the competitive 

positioning of each particular company. 

Rather, it is intended to enhance fuel 

economy of the vehicle fleet on 

American roads, while protecting motor 

vehicle safety and being mindful of the 

risk of harm to the overall United States 

economy. 

Thus, NHTSA believes that this factor 

must be considered in the context of the 

competing concerns associated with 

different levels of standards. Prior to the 

MY 2005–2007 rulemaking, the agency 

generally sought to ensure the economy 

practicability of standards in part by 

setting them at or near the capability of 

the ‘‘least capable manufacturer’’ with a 

significant share of the market, i.e., 

typically the manufacturer whose 

vehicles are, on average, the heaviest 

and largest. In the first several 

rulemakings to establish attribute based 

standards, the agency applied marginal 

cost benefit analysis. This ensured that 

the agency’s application of technologies 

was limited to those that would pay for 

themselves and thus should have 

significant appeal to consumers. 

However, the agency can and has 

limited its application of technologies to 

those technologies, with or without the 

use of such analysis. 

Besides the many commenters raising 

economic practicability as an issue in 

the context of the stringency of the 

proposed standards, some commenters 

also directly addressed the agency’s 

interpretation of economic 

practicability. AIAM commented that 

NHTSA has wide discretion to consider 

economic practicability concerns as 

long as EPCA’s overarching purpose of 

energy conservation is met, and that it 

would be within NHTSA’s statutory 

discretion to set standards at levels 

mstockstill on DSKB9S0YB1PROD with RULES2

25606 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 

666 In the case of emission standards, this 

includes standards adopted by the Federal 

government and can include standards adopted by 

the States as well, since in certain circumstances 

the Clean Air Act allows States to adopt and enforce 

State standards different from the Federal ones. 

667 42 FR 63184, 63188 (Dec. 15, 1977). See also 

42 FR 33534, 33537 (Jun. 30, 1977). 

668 42 FR 33534, 33537 (Jun. 30, 1977). 

669That provision was deleted as obsolete when 

EPCA was codified in 1994. 

below those at which net benefits are 

maximized due to economic 

practicability. GM and Mitsubishi both 

commented that consideration of 

economic practicability should include 

more focus on individual 

manufacturers: GM stated that NHTSA 

must consider sales and employment 

impacts on individual manufacturers 

and not just industry in the aggregate, 

while Mitsubishi emphasized the 

difficulties of limited-line 

manufacturers in meeting standards that 

might be economically practicable for 

full-line manufacturers. CBD 

commented that a determination of 

economic practicability should not be 

tied to ‘‘differences between incremental 

improvements’’ that ‘‘fail to consider all 

relevant costs and benefits and fail to 

analyze the overall impact of the 

proposed standards.’’ CBD pointed to 

the three-to-one benefit-cost ratio of the 

proposed standards to argue that much 

more stringent standards would still be 

economically practicable. ACEEE also 

commented that standards set at the 

level at which net benefits are 

maximized should be considered a 

‘‘lower bound’’ for determining 

economic practicability. 

While NHTSA agrees with AIAM in 

general that the agency has wide 

discretion to consider economic 

practicability concerns, we do not 

believe that economic practicability will 

always counsel setting standards lower 

than the point at which net benefits are 

maximized, given that it must be 

considered in the context of the overall 

balancing and EPCA’s overarching 

purpose of energy conservation. 

Depending on the conditions of the 

industry and the assumptions used in 

the agency’s analysis of alternative 

stringencies, NHTSA could well find 

that standards that maximize net 

benefits, or even higher standards, could 

be economically practicable. To that 

end, however, given the current 

conditions faced by the industry, which 

is perhaps just now passing the nadir of 

the economy-wide downturn and 

looking at a challenging road to 

recovery, and the relatively limited 

amount of lead time for MYs 2012– 

2016, we disagree with CBD’s comment 

that the benefit-cost ratio of the final 

standards indicates that more stringent 

standards would be economically 

practicable during the rulemaking 

timeframe and with ACEEE’s comment 

that standards higher than those that 

would maximize net benefits would be 

economically practicable at this time. 

These comments overlook the fact that 

nearly all manufacturers are capitalconstrained at this time and may be for 

the next couple of model years; access 

to capital in a down market is crucial to 

making the investments in technology 

that the final standards will require, and 

requiring more technology will require 

significantly more capital, to which 

manufacturers would not likely have 

access. Moreover, economic 

practicability depends as well on 

manufacturers’ ability to sell the 

vehicles that the standards require them 

to produce. If per-vehicle costs increase 

too much too soon, consumers may 

defer new vehicle purchases, which 

defeats the object of raising CAFE 

standards to get vehicles with better 

mileage on the road sooner and meet the 

need of the Nation to conserve energy. 

See Section IV.F below for further 

discussion of these issues. 

As for GM’s and Mitsubishi’s 

comments, while the agency does 

consider carefully the impacts on 

individual manufacturers in the 

agency’s analysis, as shown in the FRIA, 

we reiterate that economic practicability 

is not keyed to any single manufacturer. 

One of the main benefits of attributebased standards is greater regulatory 

fairness—for all the manufacturers who 

build vehicles of a particular footprint, 

the target for that footprint is the same, 

yet each manufacturer has their own 

individual compliance obligation 

depending on the mix of vehicles they 

produce for sale. More manufacturers 

are required to improve their fuel 

economy, yet in a fairer way. And while 

some manufacturers may face 

difficulties under a given CAFE 

standard, others will find opportunities. 

The agency’s consideration of economic 

practicability recognizes these 

difficulties and opportunities in the 

context of the industry as a whole, and 

in the context of balancing against the 

other statutory factors, as discussed 

further below. 

(3) The Effect of Other Motor Vehicle 

Standards of the Government on Fuel 

Economy 

‘‘The effect of other motor vehicle 

standards of the Government on fuel 

economy,’’ involves an analysis of the 

effects of compliance with emission,666

safety, noise, or damageability standards 

on fuel economy capability and thus on 

average fuel economy. In previous CAFE 

rulemakings, the agency has said that 

pursuant to this provision, it considers 

the adverse effects of other motor 

vehicle standards on fuel economy. It 

said so because, from the CAFE 

program’s earliest years 667 until 

present, the effects of such compliance 

on fuel economy capability over the 

history of the CAFE program have been 

negative ones. In those instances in 

which the effects are negative, NHTSA 

has said that it is called upon to ‘‘mak[e] 

a straightforward adjustment to the fuel 

economy improvement projections to 

account for the impacts of other Federal 

standards, principally those in the areas 

of emission control, occupant safety, 

vehicle damageability, and vehicle 

noise. However, only the unavoidable 

consequences should be accounted for. 

The automobile manufacturers must be 

expected to adopt those feasible 

methods of achieving compliance with 

other Federal standards which minimize 

any adverse fuel economy effects of 

those standards.’’ 668 For example, safety 

standards that have the effect of 

increasing vehicle weight lower vehicle 

fuel economy capability and thus 

decrease the level of average fuel 

economy that the agency can determine 

to be feasible. 

The ‘‘other motor vehicle standards’’ 

consideration has thus in practice 

functioned in a fashion similar to the 

provision in EPCA, as originally 

enacted, for adjusting the statutorilyspecified CAFE standards for MY 1978– 

1980 passengers cars.669 EPCA did not 

permit NHTSA to amend those 

standards based on a finding that the 

maximum feasible level of average fuel 

economy for any of those three years 

was greater or less than the standard 

specified for that year. Instead, it 

provided that the agency could only 

reduce the standards and only on one 

basis: If the agency found that there had 

been a Federal standards fuel economy 

reduction, i.e., a reduction in fuel 

economy due to changes in the Federal 

vehicle standards, e.g., emissions and 

safety, relative to the year of enactment, 

1975. 

The ‘‘other motor vehicle standards’’ 

provision is broader than the Federal 

standards fuel economy reduction 

provision. Although the effects analyzed 

to date under the ‘‘other motor vehicle 

standards’’ provision have been 

negative, there could be circumstances 

in which the effects are positive. In the 

event that the agency encountered such 

circumstances, it would be required to 

consider those positive effects. For 

example, if changes in vehicle safety 

technology led to NHTSA’s amending a 

mstockstill on DSKB9S0YB1PROD with RULES2

Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 25607 

670The University of Pennsylvania 

Environmental Law Project offered a similar 

comment. 671NHTSA answered similar comments in the 

FEIS. See FEIS Section 10.2.4.2 for the agency’s 

response. 672Citing HR Rep 94–340 at 86–87, 89–91 (1975 

USCCAN 1762, 1848–49, 1851–53). 673 Green Mountain Chrysler Plymouth Dodge 

Jeep v. Crombie, 508 F.Supp.2d 295 (D.Vt. 2007). 674Central Valley Chrysler Jeep, Inc. v. Goldstene, 

529 F.Supp.2d 1151 (E.D. Cal. 2007). 675 42 FR 63184, 63188 (1977). 

safety standard in a way that permits 

manufacturers to reduce the weight 

added in complying with that standard, 

that weight reduction would increase 

vehicle fuel economy capability and 

thus increase the level of average fuel 

economy that could be determined to be 

feasible. 

In the wake of Massachusetts v. EPA 

and of EPA’s endangerment finding, its 

granting of a waiver to California for its 

motor vehicle GHG standards, and its 

own GHG standards for light-duty 

vehicles, NHTSA is confronted with the 

issue of how to treat those standards 

under the ‘‘other motor vehicle 

standards’’ provision. To the extent the 

GHG standards result in increases in 

fuel economy, they would do so almost 

exclusively as a result of inducing 

manufacturers to install the same types 

of technologies used by manufacturers 

in complying with the CAFE standards. 

The primary exception would involve 

increases in the efficiency of air 

conditioners. 

In the NPRM, NHTSA tentatively 

concluded that the effects of the EPA 

and California standards are neither 

positive nor negative because the 

proposed rule resulted in consistent 

standards among all components of the 

National Program, but sought comment 

on whether and in what way the effects 

of the California and EPA standards 

should be considered under the ‘‘other 

motor vehicle standards’’ provision or 

other provisions of EPCA in 49 U.S.C. 

32902, consistent with NHTSA’s 

independent obligation under EPCA/ 

EISA to issue CAFE standards. NHTSA 

stated that it had already considered 

EPA’s proposal and the harmonization 

benefits of the National Program in 

developing its own proposed maximum 

feasible standards. 

The Alliance commented that the 

extent to which the consideration of 

other motor vehicle standards of the 

government should affect NHTSA’s 

standard-setting process was entirely 

within the agency’s discretion. The 

Alliance agreed with NHTSA that the 

original intent of the factor was to 

ensure that NHTSA accounted for other 

government standards that might reduce 

fuel economy or inhibit fuel economy 

improvements, but stated that since 

GHG standards set by EPA and 

California overlap CAFE standards so 

extensively, and are thus functionally 

equivalent to CAFE standards (plus air 

conditioning), those standards should 

be ‘‘basically irrelevant to NHTSA’s 

mission to set fuel economy standards, 

unless some specific aspect of the GHG 

standards actually makes it harder for 

mfrs to improve fuel economy.’’ The 

Alliance stated further that NHTSA 

must still determine what levels of 

CAFE standards would be maximum 

feasible regardless of the findings or 

standards set by EPA and California. 

Thus, the Alliance stated, for purposes 

of the MYs 2012–2016 CAFE standards, 

EPA’s GHG standards could be 

sufficiently considered by NHTSA given 

the agency’s decision to harmonize as 

part of the National Program,670 while 

California’s GHG standards need not be 

considered because of the state’s 

agreement under the National Program 

that compliance with EPA’s standards 

would constitute compliance with its 

own. Ford concurred individually with 

the Alliance comments. NADA, in 

contrast, commented that EPA’s GHG 

standards should not be considered as 

an ‘‘other vehicle standard’’ for purposes 

of this statutory factor, and argued that 

NHTSA need not and should not 

consider California’s GHG standards 

due to preemption under EPCA. 

Commenters from the state of 

California (the Attorney General and the 

Air Resources Board), in contrast, stated 

that NHTSA must consider the effects of 

the California GHG standards on fuel 

economy as a baseline for NHTSA’s 

analysis, to give credit to the state’s 

leadership role in achieving the levels 

required by the National Program. CBD 

seconded this comment.671 The 

California Attorney General further 

stated that Congress discussed both 

positive and negative impacts of other 

standards on fuel economy in the 1975 

Conference Reports preceding EPCA’s 

enactment.672 CARB and the University 

of Pennsylvania Environmental Law 

Project both cited the Green Mountain 

Chrysler 673 and Central Valley 

Chrysler 674 cases as supporting 

NHTSA’s consideration of CARB’s GHG 

standards pursuant to this factor. 

NHTSA believes that these comments 

generally support the agency’s 

interpretation of this factor as stated in 

the NPRM. While the agency may 

consider both positive and negative 

effects of other motor vehicle standards 

of the Government on fuel economy in 

determining what level of CAFE 

standards would be maximum feasible, 

given the fact that the final rule results 

in consistent standards among all 

components of the National Program, 

and given that NHTSA considered the 

harmonization benefits of the National 

Program in developing its own 

standards, the agency’s obligation to 

balance this factor with the others may 

be considered accounted for. 

(4) The Need of the United States To 

Conserve Energy 

‘‘The need of the United States to 

conserve energy’’ means ‘‘the consumer 

cost, national balance of payments, 

environmental, and foreign policy 

implications of our need for large 

quantities of petroleum, especially 

imported petroleum.’’ 675 Environmental 

implications principally include those 

associated with reductions in emissions 

of criteria pollutants and CO2. A prime 

example of foreign policy implications 

are energy independence and security 

concerns. 

While a number of commenters cited 

the need of the nation to conserve 

energy in calling for the agency to set 

more stringent CAFE standards, none 

disagreed with the agency’s 

interpretation of this factor and its 

influence on the statutory balancing 

required by EPCA. CBD, for example, 

commented that ‘‘Increasing mileage 

standards for this vehicle fleet is the 

single most effective and quickest 

available step the U.S. can take to 

conserve energy and to reduce the U.S. 

dependence on foreign oil, and also has 

an immediate and highly significant 

effect on total U.S. GHG emissions,’’ and 

that accordingly, NHTSA should 

consider the need of the nation to 

conserve energy as counseling the 

agency to raise standards at a faster rate. 

NHTSA agrees that this factor tends to 

influence stringency upwards, but 

reiterates that the need of the nation to 

conserve energy is still but one of four 

factors that must be balanced, as 

discussed below. 

ii. Other Factors Considered by NHTSA 

The agency historically has 

considered the potential for adverse 

safety consequences in setting CAFE 

standards. This practice is recognized 

approvingly in case law. As the courts 

have recognized, ‘‘NHTSA has always 

examined the safety consequences of the 

CAFE standards in its overall 

consideration of relevant factors since 

its earliest rulemaking under the CAFE 

program.’’ Competitive Enterprise 

Institute v. NHTSA, 901 F.2d 107, 120 

n. 11 (DC Cir. 1990) (‘‘CEI I’’) (citing 42 

FR 33534, 33551 (June 30, 1977)). The 

courts have consistently upheld 

NHTSA’s implementation of EPCA in 

this manner. See, e.g., Competitive 

mstockstill on DSKB9S0YB1PROD with RULES2

25608 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 

676See 74 FR 14396–14407 (Mar. 30, 2009). 

677 49 U.S.C. 32902(h). 

678Center for Auto Safety v. NHTSA, 793 F.2d 

1322, 1341 (C.A.D.C. 1986). 

679Center for Biological Diversity v. NHTSA, 538 

F.3d 1172, 1195 (9th Cir. 2008). 

680CAS, 1338 (quoting Chevron U.S.A., Inc. v. 

Natural Resources Defense Council, Inc., 467 U.S. 

837, 845). 

681CBD v. NHTSA, 538 F.3d 1172, 1198 (9th Cir. 

2008). 

Enterprise Institute v. NHTSA, 956 F.2d 

321, 322 (DC Cir. 1992) (‘‘CEI II’’) (in 

determining the maximum feasible fuel 

economy standard, ‘‘NHTSA has always 

taken passenger safety into account.’’) 

(citing CEI I, 901 F.2d at 120 n. 11); 

Competitive Enterprise Institute v. 

NHTSA, 45 F.3d 481, 482–83 (DC Cir. 

1995) (‘‘CEI III’’) (same); Center for 

Biological Diversity v. NHTSA, 538 F.3d 

1172, 1203–04 (9th Cir. 2008) 

(upholding NHTSA’s analysis of vehicle 

safety issues associated with weight in 

connection with the MY 2008–11 light 

truck CAFE rule). Thus, in evaluating 

what levels of stringency would result 

in maximum feasible standards, NHTSA 

assesses the potential safety impacts and 

considers them in balancing the 

statutory considerations and to 

determine the appropriate level of the 

standards. 

Under the universal or ‘‘flat’’ CAFE 

standards that NHTSA was previously 

authorized to establish, manufacturers 

were encouraged to respond to higher 

standards by building smaller, less safe 

vehicles in order to ‘‘balance out’’ the 

larger, safer vehicles that the public 

generally preferred to buy, which 

resulted in a higher mass differential 

between the smallest and the largest 

vehicles, with a correspondingly greater 

risk to safety. Under the attribute-based 

standards being finalized today, that 

risk is reduced because building smaller 

vehicles would tend to raise a 

manufacturer’s overall CAFE obligation, 

rather than only raising its fleet average 

CAFE, and because all vehicles are 

required to continue improving their 

fuel economy. In prior rulemakings, 

NHTSA limited the application of mass 

reduction/material substitution in our 

modeling analysis to vehicles over 5,000 

lbs GVWR,676 but for purposes of 

today’s final standards, NHTSA has 

revised its modeling analysis to allow 

some application of mass reduction/ 

material substitution for all vehicles, 

although it is concentrated in the largest 

and heaviest vehicles, because we 

believe that this is more consistent with 

how manufacturers will actually 

respond to the standards. However, as 

discussed above, NHTSA does not 

mandate the use of any particular 

technology by manufacturers in meeting 

the standards. More information on the 

new approach to modeling 

manufacturer use of downweighting/ 

material substitution is available in 

Chapter 3 of the Joint TSD and in 

Section V of the FRIA; and the 

estimated safety impacts that may be 

due to the final standards are described 

below. 

iii. Factors that NHTSA is Prohibited 

from Considering 

EPCA also provides that in 

determining the level at which it should 

set CAFE standards for a particular 

model year, NHTSA may not consider 

the ability of manufacturers to take 

advantage of several EPCA provisions 

that facilitate compliance with the 

CAFE standards and thereby reduce the 

costs of compliance.677 As discussed 

further below, manufacturers can earn 

compliance credits by exceeding the 

CAFE standards and then use those 

credits to achieve compliance in years 

in which their measured average fuel 

economy falls below the standards. 

Manufacturers can also increase their 

CAFE levels through MY 2019 by 

producing alternative fuel vehicles. 

EPCA provides an incentive for 

producing these vehicles by specifying 

that their fuel economy is to be 

determined using a special calculation 

procedure that results in those vehicles 

being assigned a high fuel economy 

level. 

The effect of the prohibitions against 

considering these flexibilities in setting 

the CAFE standards is that the 

flexibilities remain voluntarilyemployed measures. If the agency were 

instead to assume manufacturer use of 

those flexibilities in setting new 

standards, that assumption would result 

in higher standards and thus tend to 

require manufacturers to use those 

flexibilities. 

iv. Determining the Level of the 

Standards by Balancing the Factors 

NHTSA has broad discretion in 

balancing the above factors in 

determining the appropriate levels of 

average fuel economy at which to set the 

CAFE standards for each model year. 

Congress ‘‘specifically delegated the 

process of setting * * * fuel economy 

standards with broad guidelines 

concerning the factors that the agency 

must consider.’’ 678 The breadth of those 

guidelines, the absence of any 

statutorily prescribed formula for 

balancing the factors, the fact that the 

relative weight to be given to the various 

factors may change from rulemaking to 

rulemaking as the underlying facts 

change, and the fact that the factors may 

often be conflicting with respect to 

whether they militate toward higher or 

lower standards give NHTSA broad 

discretion to decide what weight to give 

each of the competing policies and 

concerns and then determine how to 

balance them. The exercise of that 

discretion is subject to the necessity of 

ensuring that NHTSA’s balancing does 

not undermine the fundamental purpose 

of the EPCA: Energy conservation,679

and as long as that balancing reasonably 

accommodates ‘‘conflicting policies that 

were committed to the agency’s care by 

the statute.’’ 680 The balancing of the 

factors in any given rulemaking is 

highly dependent on the factual and 

policy context of that rulemaking. Given 

the changes over time in facts bearing 

on assessment of the various factors, 

such as those relating to the economic 

conditions, fuel prices and the state of 

climate change science, the agency 

recognizes that what was a reasonable 

balancing of competing statutory 

priorities in one rulemaking may not be 

a reasonable balancing of those 

priorities in another rulemaking.681

Nevertheless, the agency retains 

substantial discretion under EPCA to 

choose among reasonable alternatives. 

EPCA neither requires nor precludes 

the use of any type of cost-benefit 

analysis as a tool to help inform the 

balancing process. While NHTSA used 

marginal cost-benefit analysis in the 

first two rulemakings to establish 

attribute-based CAFE standards, as 

noted above, it was not required to do 

so and is not required to continue to do 

so. Regardless of what type of analysis 

is or is not used, considerations relating 

to costs and benefits remain an 

important part of CAFE standard setting. 

Because the relevant considerations 

and factors can reasonably be balanced 

in a variety of ways under EPCA, and 

because of uncertainties associated with 

the many technological and cost inputs, 

NHTSA considers a wide variety of 

alternative sets of standards, each 

reflecting different balancing of those 

policies and concerns, to aid it in 

discerning reasonable outcomes. Among 

the alternatives providing for an 

increase in the standards in this 

rulemaking, the alternatives range in 

stringency from a set of standards that 

increase, on average, 3 percent annually 

to a set of standards that increase, on 

average, 7 percent annually. 

v. Other Standards—Minimum 

Domestic Passenger Car Standard 

The minimum domestic passenger car 

standard was added to the CAFE 

mstockstill on DSKB9S0YB1PROD with RULES2

Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 25609 

682 49 U.S.C. 32902(b)(4). 

683 74 FR at 14412 (Mar. 30, 2009). 

684 Id. 

685 74 FR at 49685 (Sept. 28, 2009). 

686 Id. at 49637, 49685 (Sept. 28, 2009). 

687NHTSA refers to these commenters by the 

shorthand ‘‘Sierra Club et al.,’’ but the group 

consists of the Sierra Club, the Safe Climate 

Campaign, the Coalition for Clean Air, the Alliance 

for Climate Protection, and Environment America. 

Their comments may be found at Docket No. EPA– 

HQ–OAR–2009–0472–7278.1. 

688The commenters also suggested that NHTSA 

could set attribute-based backstop standards if it 

was concerned that Congress’ mandate to set 

attribute-based standards generally precluded 

additional flat backstops. 

689Citing Catawba County, N.C. v. EPA, 571 F.3d 

20, 36 (DC Cir. 2009) (quoting Cheney R. Co. v. ICC, 

902 F.2d 66, 69 (DC Cir. 1990)). 

690Citing CBD v. NHTSA, 538 F.3d at 1204–06 

(9th Cir. 2008). 

program through EISA, when Congress 

gave NHTSA explicit authority to set 

universal standards for domesticallymanufactured passenger cars at the level 

of 27.5 mpg or 92 percent of the average 

fuel economy of the combined domestic 

and import passenger car fleets in that 

model year, whichever was greater.682

This minimum standard was intended 

to act as a ‘‘backstop,’’ ensuring that 

domestically-manufactured passenger 

cars reached a given mpg level even if 

the market shifted in ways likely to 

reduce overall fleet mpg. Congress was 

silent as to whether the agency could or 

should develop similar backstop 

standards for imported passenger cars 

and light trucks. NHTSA has struggled 

with this question since EISA was 

enacted. 

In the MY 2011 final rule, facing 

comments split fairly evenly between 

support and opposition to additional 

backstop standards, NHTSA noted 

Congress’ silence and ‘‘accept[ed] at 

least the possibility that * * * [it] could 

be reasonably interpreted as permissive 

rather than restrictive,’’ but concluded 

based on the record for that rulemaking 

as a whole that additional backstop 

standards were not necessary for MY 

2011, given the lack of leadtime for 

manufacturers to change their MY 2011 

vehicles, the apparently-growing public 

preference for smaller vehicles, and the 

anti-backsliding characteristics of the 

footprint-based curves.683 NHTSA 

stated, however, that it would continue 

to monitor manufacturers’ product plans 

and compliance, and would revisit the 

backstop issue if it became necessary in 

future rulemakings.684

Thus, in the MYs 2012–2016 NPRM, 

NHTSA again sought comment on the 

issue of additional backstop standards, 

recognizing the possibility that low fuel 

prices during the years that the MYs 

2012–2016 vehicles are in service might 

lead to less than anticipated fuel 

savings.685 NHTSA asked commenters, 

in addressing this issue, to consider 

reviewing the agency’s discussion in the 

MY 2011 final rule, which the agency 

described as concluding that its 

authority was likely limited by 

Congress’ silence to setting only the 

backstop that Congress expressly 

provided for.686 EPA also sought 

comment on whether it should set 

backstop standards under the CAA for 

MYs 2012–2016. 

As discussed above in Section II, 

many commenters addressed the 

backstop issue, and again comments 

were fairly evenly split between support 

and opposition to additional backstop 

standards. While commenters opposed 

to additional backstops, such as the 

Alliance, largely reiterated NHTSA’s 

previous statements with regard to its 

backstop authority, some commenters in 

favor of additional backstops provided 

more detailed legal arguments than have 

been previously presented for the 

agency’s consideration. Section II 

provides NHTSA’s and EPA’s general 

response to comments on the backstop 

issue; this section provides NHTSA’s 

specific response to the legal arguments 

by Sierra Club et al.687 on the agency’s 

authority to set additional backstop 

standards. 

The Sierra Club et al. commented that 

a more permissive reading of Congress’ 

silence in EISA was appropriate given 

the context of the statute, the 9th 

Circuit’s revised opinion in CBD v. 

NHTSA, and the assumptions employed 

in the NPRM analysis. The commenters 

stated that given that EISA includes the 

35-in-2020 and ratable increase 

requirements, and given that CAFE 

standards were only just starting to rise 

for light trucks at the time of EISA’s 

enactment and had remained at the 

statutory level of 27.5 mpg for passenger 

cars for many years, it appears that 

Congress’ intent in EISA was to raise 

CAFE standards as rapidly as possible. 

Thus, the commenters stated, if the 

purpose of EISA was to promote the 

maximum feasible increase in fuel 

economy with ratable increases, then 

there was no reason to think that 

backstop standards would be 

inconsistent with that purpose—if they 

were inconsistent, Congress would not 

have included one for domestic 

passenger cars. Similarly, Congress 

could not have thought that additional 

backstops were inconsistent with 

attribute-based standards, or it would 

not have included one for domestic 

passenger cars.688 The commenters also 

cited D.C. Circuit case law stating that 

congressional silence leaves room for 

agency discretion; specifically, that 

‘‘[w]hen interpreting statutes that govern 

agency action, [the courts] have 

consistently recognized that a 

congressional mandate in one section 

and silence in another often ‘suggests 

not a prohibition but simply a decision 

not to mandate any solution in the 

second context, i.e., to leave the 

question to agency discretion.’ ’’ 689

The Sierra Club et al. also commented 

that it appeared that the 9th Circuit’s 

revised opinion in CBD v. NHTSA 

supported the agency’s discretion to set 

additional backstops, since it was 

revised after the passage of EISA and 

did not change its earlier holding 

(pertaining to the original EPCA 

language) that backstop standards were 

within the agency’s discretion.690

And finally, the commenters stated 

that NHTSA’s rationale for not adopting 

additional backstops in the MY 2011 

final rule should not be relied on for 

MYs 2012–2016, namely, that the 

agency’s belief that backstop standards 

were unnecessary to ensure the 

expected levels of fuel savings given the 

short lead time between the 

promulgation of the final standards and 

the beginning of MY 2011, the apparent 

growing consumer preference for 

smaller vehicles, and the existing antibacksliding measures in the attributebased curves. As described above in 

Section II, these commenters (and many 

others) expressed concern about the 

agencies’ fleet mix assumptions and 

their potential effect on estimated fuel 

savings. 

In response, and given DC Circuit 

precedent as cited above, NHTSA agrees 

that whether to adopt additional 

minimum standards for imported 

passenger cars and light trucks is 

squarely within the agency’s discretion, 

and that such discretion should be 

exercised as necessary to avoid undue 

losses in fuel savings due to market 

shifts or other forces while still 

respecting the statutorily-mandated 

manufacturer need for lead time in 

establishing CAFE standards. However, 

as discussed above in Section II.C, 

NHTSA remains confident that the 

projections of the future fleet mix are 

reliable, and that future changes in the 

fleet mix of footprints and sales are not 

likely to lead to more than modest 

changes in projected emissions 

reductions or fuel savings. There are 

only a relatively few model years at 

issue, and market trends today are 

consistent with the agencies’ estimates, 

showing shifts from light trucks to 

passenger cars and increased emphasis 

on fuel economy from all vehicles. The 

shapes of the curves also tend to avoid 

mstockstill on DSKB9S0YB1PROD with RULES2

25610 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 

691The MYs 2012–2016 passenger car and light 

truck curves are the actual standards. 

692 Ibid., 1181. 

693 5 U.S.C. 553. 

694Sierra Club v. Costle, 657 F.2d 298, 401 (DC 

Cir. 1981). 

or minimize regulatory incentives for 

manufacturers to upsize their fleet to 

change their compliance burden, and 

the risk of vehicle upsizing or changing 

vehicle offerings to ‘‘game’’ the 

passenger car and light truck definitions 

to which commenters refer is not so 

great for the model years in question, 

because the changes that commenters 

suggest manufacturers might make are 

neither so simple nor so likely to be 

accepted by consumers, as discussed 

above. 

Thus, NHTSA is confident that the 

anticipated increases in average fuel 

economy and reductions in average CO2

emission rates can be achieved without 

backstops under EISA, as noted above. 

Nevertheless, we acknowledge that the 

MY 2016 fuel economy goal of 34.1 mpg 

is an estimate and not a standard,691 and 

that changes in fuel prices, consumer 

preferences, and/or vehicle survival and 

mileage accumulation rates could result 

in either smaller or larger oil savings. 

However, as explained above and 

elsewhere in the rule, NHTSA believes 

that the possibility of not meeting (or, 

alternatively, exceeding) fuel economy 

goals exists, but is not likely to lead to 

more than modest changes in the 

currently-projected levels of fuel and 

GHG savings. NHTSA plans to conduct 

retrospective analysis to monitor 

progress, and has the authority to revise 

standards if warranted, as long as 

sufficient lead time is provided. Given 

this, and given the potential 

complexities in designing an 

appropriate backstop, NHTSA believes 

that the balance here points to not 

adopting additional backstops at this 

time for the MYs 2012–2016 standards 

other than NHTSA’s issuing the ones 

required by EPCA/EISA for domestic 

passenger cars. If, during the timeframe 

of this rule, NHTSA observes a 

significant shift in the manufacturer’s 

product mix resulting in a relaxation of 

their estimated targets, NHTSA and EPA 

will reconsider options, both for MYs 

2012–2016 and future rulemakings. 

2. Administrative Procedure Act 

To be upheld under the ‘‘arbitrary and 

capricious’’ standard of judicial review 

in the APA, an agency rule must be 

rational, based on consideration of the 

relevant factors, and within the scope of 

the authority delegated to the agency by 

the statute. The agency must examine 

the relevant data and articulate a 

satisfactory explanation for its action 

including a ‘‘rational connection 

between the facts found and the choice 

made.’’ Burlington Truck Lines, Inc. v. 

United States, 371 U.S. 156, 168 (1962). 

Statutory interpretations included in 

an agency’s rule are subjected to the 

two-step analysis of Chevron, U.S.A., 

Inc. v. Natural Resources Defense 

Council, 467 U.S. 837, 104 S.Ct. 2778, 

81 L.Ed.2d 694 (1984). Under step one, 

where a statute ‘‘has directly spoken to 

the precise question at issue,’’ id. at 842, 

104 S.Ct. 2778, the court and the agency 

‘‘must give effect to the unambiguously 

expressed intent of Congress,’’ id. at 843, 

104 S.Ct. 2778. If the statute is silent or 

ambiguous regarding the specific 

question, the court proceeds to step two 

and asks ‘‘whether the agency’s answer 

is based on a permissible construction 

of the statute.’’ Id. 

If an agency’s interpretation differs 

from the one that it has previously 

adopted, the agency need not 

demonstrate that the prior position was 

wrong or even less desirable. Rather, the 

agency would need only to demonstrate 

that its new position is consistent with 

the statute and supported by the record, 

and acknowledge that this is a departure 

from past positions. The Supreme Court 

emphasized this recently in FCC v. Fox 

Television, 129 S.Ct. 1800 (2009). When 

an agency changes course from earlier 

regulations, ‘‘the requirement that an 

agency provide reasoned explanation for 

its action would ordinarily demand that 

it display awareness that it is changing 

position,’’ but ‘‘need not demonstrate to 

a court’s satisfaction that the reasons for 

the new policy are better than the 

reasons for the old one; it suffices that 

the new policy is permissible under the 

statute, that there are good reasons for 

it, and that the agency believes it to be 

better, which the conscious change of 

course adequately indicates.’’ 692

The APA also requires that agencies 

provide notice and comment to the 

public when proposing regulations.693

Two commenters, the American 

Chemistry Council and the American 

Petroleum Institute, argued that the 

agreements by auto manufacturers and 

California to support the National 

Program indicated that a ‘‘deal’’ had 

been struck between the agencies and 

these parties, which was not available as 

part of the administrative record and 

which the public had not been given the 

opportunity to comment on. The 

commenters argued that this violated 

the APA. 

In response, under the APA, agencies 

‘‘must justify their rulemakings solely on 

the basis of the record [they] compile[] 

and make[] public.’’ 694 Any informal 

contacts that occurred prior to the 

release of the NPRM may have been 

informative for the agencies and other 

parties involved in developing the 

NPRM, but they did not release the 

agencies of their obligation consider and 

respond to public comments on the 

NPRM and to justify the final standards 

based on the public record. The 

agencies believe that the record fully 

justifies the final standards, 

demonstrating analytically that they are 

the maximum feasible and reasonable 

for the model years covered. Thus, we 

disagree that there has been any 

violation of the APA. 

3. National Environmental Policy Act 

As discussed above, EPCA requires 

the agency to determine what level at 

which to set the CAFE standards for 

each model year by considering the four 

factors of technological feasibility, 

economic practicability, the effect of 

other motor vehicle standards of the 

Government on fuel economy, and the 

need of the United States to conserve 

energy. NEPA directs that 

environmental considerations be 

integrated into that process. To 

accomplish that purpose, NEPA requires 

an agency to compare the potential 

environmental impacts of its proposed 

action to those of a reasonable range of 

alternatives. 

To explore the environmental 

consequences in depth, NHTSA has 

prepared both a draft and a final 

environmental impact statement. The 

purpose of an EIS is to ‘‘provide full and 

fair discussion of significant 

environmental impacts and [to] inform 

decisionmakers and the public of the 

reasonable alternatives which would 

avoid or minimize adverse impacts or 

enhance the quality of the human 

environment.’’ 40 CFR 1502.1. 

NEPA is ‘‘a procedural statute that 

mandates a process rather than a 

particular result.’’ Stewart Park & 

Reserve Coal., Inc. v. Slater, 352 F.3d at 

557. The agency’s overall EIS-related 

obligation is to ‘‘take a ‘hard look’ at the 

environmental consequences before 

taking a major action.’’ Baltimore Gas & 

Elec. Co. v. Natural Res. Def. Council, 

Inc., 462 U.S. 87, 97, 103 S.Ct. 2246, 76 

L.Ed.2d 437 (1983). Significantly, ‘‘[i]f 

the adverse environmental effects of the 

proposed action are adequately 

identified and evaluated, the agency is 

not constrained by NEPA from deciding 

that other values outweigh the 

environmental costs.’’ Robertson v. 

Methow Valley Citizens Council, 490 

mstockstill on DSKB9S0YB1PROD with RULES2

Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 25611 

695Required CAFE levels shown here are 

estimated required levels based on NHTSA’s 

current projection of manufacturers’ vehicle fleets 

in MYs 2012–2016. Actual required levels are not 

determined until the end of each model year, when 

all of the vehicles produced by a manufacturer in 

that model year are known and their compliance 

obligation can be determined with certainty. The 

target curves, as defined by the constrained linear 

function, and as embedded in the function for the 

sales-weighted harmonic average, are the real 

‘‘standards’’ being established today. 

U.S. 332, 350, 109 S.Ct. 1835, 104 

L.Ed.2d 351 (1989). 

The agency must identify the 

‘‘environmentally preferable’’ 

alternative, but need not adopt it. 

‘‘Congress in enacting NEPA * * * did 

not require agencies to elevate 

environmental concerns over other 

appropriate considerations.’’ Baltimore 

Gas and Elec. Co. v. Natural Resources 

Defense Council, Inc., 462 U.S. 87, 97 

(1983). Instead, NEPA requires an 

agency to develop alternatives to the 

proposed action in preparing an EIS. 42 

U.S.C. 4332(2)(C)(iii). The statute does 

not command the agency to favor an 

environmentally preferable course of 

action, only that it make its decision to 

proceed with the action after taking a 

hard look at environmental 

consequences. 

This final rule also constitutes a 

Record of Decision for NHTSA under 

NEPA. Section IV.K below provides 

much more information on the agency’s 

NEPA analysis for this rulemaking, and 

on how this final rule constitutes a 

Record of Decision. 

E. What are the final CAFE standards? 

1. Form of the Standards 

Each of the CAFE standards that 

NHTSA is finalizing today for passenger 

cars and light trucks is expressed as a 

mathematical function that defines a 

fuel economy target applicable to each 

vehicle model and, for each fleet, 

establishes a required CAFE level 

determined by computing the salesweighted harmonic average of those 

targets.695

As discussed above in Section II.C, 

NHTSA has determined fuel economy 

targets using a constrained linear 

function defined according to the 

following formula: 

TARGET

MIN MAX c FOOTPRINT d,

=

× + ⎛

⎝

⎜ ⎞

⎠

⎟ ⎡

⎣

⎢ ⎤

⎦

⎥

1

1 1

a b,

Here, TARGET is the fuel economy target 

(in mpg) applicable to vehicles of a given 

footprint (FOOTPRINT, in square feet), b and 

a are the function’s lower and upper 

asymptotes (also in mpg), respectively, c is 

the slope (in gpm per square foot) of the 

sloped portion of the function, and d is the 

intercept (in gpm) of the sloped portion of 

the function (that is, the value the sloped 

portion would take if extended to a footprint 

of 0 square feet. The MIN and MAX functions 

take the minimum and maximum, 

respectively of the included values. 

In the NPRM preceding today’s final 

rule (as under the recently-promulgated 

MY 2011 standards), NHTSA proposed 

that the CAFE level required of any 

given manufacturer be determined by 

calculating the production-weighted 

harmonic average of the fuel economy 

targets applicable to each vehicle model: 

CAFE

SALES

SALES

TARGET

required

i

i

i

=

∑

∑

i

i

Here, CAFErequired is the required level for 

a given fleet, SALESi is the number of units 

of model i produced for sale in the United 

States, TARGETi is the fuel economy target 

applicable to model i (according to the 

equation shown in Chapter II and based on 

the footprint of model i), and the summations 

in the numerator and denominator are both 

performed over all models in the fleet in 

question. 

However, comments by Honda and 

Toyota indicate that the defined 

variables used in the equations could be 

interpreted differently by vehicle 

manufacturers. The term ‘‘footprint of a 

vehicle model’’ could be interpreted to 

mean that a manufacturer only has to 

use one representative footprint within 

a model type or that it is necessary to 

use all the unique footprints and 

corresponding fuel economy target 

standards within a model type when 

determining a fleet target standard. 

In the same NPRM, EPA proposed 

new regulations which also include the 

calculation of standards based on the 

attribute of footprint. The EPA 

regulation text is specific and states that 

standards will be derived using the 

target values ‘‘for each unique 

combination of model type and 

footprint value’’ (proposed regulation 

text 40 CFR 86.1818–12(c)(2)(ii)(B) for 

passenger automobiles and (c)(3)(ii)(B) 

for light trucks). Also, in an EPA final 

rule issued November 25, 2009, the 

manufacturers are required to provide in 

their final model year reports to EPA 

data for ‘‘each unique footprint within 

each model type’’ used to calculate the 

new CAFE program fuel economy levels 

(40 CFR 600.512–08(c)(8) and (9)). Using 

this term would be more definitive than 

using terms such as ‘‘footprint of a 

vehicle model’’ and would more fully 

harmonize the NHTSA and EPA 

regulations. Therefore, under the final 

CAFE standards promulgated today, a 

manufacturer’s ‘‘fleet target standard’’ 

will be derived from the summation of 

the targets for all and every unique 

footprint within each model type for all 

model types that make up a fleet of 

vehicles. Also, to provide greater clarity, 

the equation will use the variable name 

PRODUCTION rather than SALES to 

refer to production of vehicles for sale 

in the United States. Otherwise, for 

purposes of the final rule the same 

equation will apply: 


mstockstill on DSKB9S0YB1PROD with RULES2ER07MY10.031</MATH> ER07MY10.032</MATH>
25612 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 

CAFE

PRODUCTION

PRODUCTION

TARGET

required

i

i

i

=

∑

∑

i

i

However, PRODUCTIONi is the 

number of units produced for sale in the 

United States of each ith unique 

footprint within each model type, 

produced for sale in the United States, 

and TARGETi is the corresponding fuel 

economy target (according to the 

equation shown in Chapter II and based 

on the corresponding footprint), and the 

summations in the numerator and 

denominator are both performed over all 

unique footprint and model type 

combinations in the fleet in question. 

The equations and terms specified for 

calculating the required CAFE fleet 

values in Part 531.5(b) and (c) for MYs 

2012–2016, and Part 533.5(g), (h) and (i) 

for MYs 2008–2016 will be updated 

accordingly. Although the agency is not 

changing the equations for the MY 2011 

standards, we would expect 

manufacturers to follow the same 

procedures for calculating their required 

levels for that model year. Also, the 

Appendices in each of these parts will 

also be updated to provide 

corresponding examples of calculating 

the fleet standards. 

Corresponding changes to regulatory 

text defining CAFE standards are 

discussed below in Section IV.I. 

The final standards are, therefore, 

specified by the four coefficients 

defining fuel economy targets: 

a = upper limit (mpg) 

b = lower limit (mpg) 

c = slope (gpm per square foot) 

d = intercept (gpm) 

The values of the coefficients are 

different for the passenger car standards 

and the light truck standards. 

2. Passenger Car Standards for MYs 

2012–2016 

For passenger cars, NHTSA proposed 

CAFE standards defined by the 

following coefficients during MYs 

2012–2016: 

TABLE IV.E.2–1—COEFFICIENTS DEFINING PROPOSED MY 2012–2016 FUEL ECONOMY TARGETS FOR PASSENGER CARS

Coefficient 2012 2013 2014 2015 2016 

a (mpg) ....................................................................... 36 .23 37 .15 38 .08 39 .55 41 .38 

b (mpg) ....................................................................... 28 .12 28 .67 29 .22 30 .08 31 .12 

c (gpm/sf) ................................................................... 0 .0005308 0 .0005308 0 .0005308 0 .0005308 0 .0005308 

d (gpm) ....................................................................... 0 .005842 0 .005153 0 .004498 0 .003520 0 .002406 

After updating inputs to its analysis, 

and revisiting the form and stringency 

of both passenger cars and light truck 

standards, as discussed in Section II, 

NHTSA is finalizing passenger car 

CAFE standards defined by the 

following coefficients during MYs 

2012–2016: 

TABLE IV.E.2–2—COEFFICIENTS DEFINING FINAL MY 2012–2016 FUEL ECONOMY TARGETS FOR PASSENGER CARS

Coefficient 2012 2013 2014 2015 2016 

a (mpg) ....................................................................... 35 .95 36 .80 37 .75 39 .24 41 .09 

b (mpg) ....................................................................... 27 .95 28 .46 29 .03 29 .90 30 .96 

c (gpm/sf) ................................................................... 0 .0005308 0 .0005308 0 .0005308 0 .0005308 0 .0005308 

d (gpm) ....................................................................... 0 .006057 0 .005410 0 .004725 0 .003719 0 .002573 

These coefficients reflect the agency’s 

decision, discussed above in Section II, 

to leave the shapes of both the passenger 

car and light truck curves unchanged. 

They also reflect the agency’s 

reevaluation of the ‘‘gap’’ in stringency 

between the passenger car and light 

truck standard, also discussed in 

Section II. 

These coefficients result in the 

footprint-dependent target curves 

shown graphically below. The MY 2011 

final standard, which is specified by a 

constrained logistic function rather than 

a constrained linear function, is shown 

for comparison. 


mstockstill on DSKB9S0YB1PROD with RULES2ER07MY10.033</MATH>
Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 25613 

696 In the March 2009 final rule establishing MY 

2011 standards for passenger cars and light trucks, 

NHTSA estimated that the required fuel economy 

levels for passenger cars would average 30.2 mpg 

under the MY 2011 passenger car standard. Based 

on the agency’s current forecast of the MY 2011 

passenger car market, which anticipates greater 

numbers of passenger cars than the forecast used in 

the MY 2011 final rule, NHTSA now estimates that 

the average required fuel economy level for 

passenger cars will be 30.4 mpg in MY 2011. This 

does not mean that the agency is making the 

standards more stringent for that model year, or that 

any manufacturer will necessarily face a more 

difficult CAFE standard, it simply reflects the 

change in assumptions about what vehicles will be 

produced for sale in that model year. The target 

curve remains the same, and each manufacturer’s 

compliance obligation will still be determined at 

the end of the model year. 

As discussed, the CAFE levels 

required of individual manufacturers 

will depend on the mix of vehicles they 

produce for sale in the United States. 

Based on the market forecast of future 

sales that NHTSA has used to examine 

today’s final CAFE standards, the 

agency estimates that the targets shown 

above will result in the following 

average required fuel economy levels for 

individual manufacturers during MYs 

2012–2016 (an updated estimate of the 

average required fuel economy level 

under the final MY 2011 standard is 

shown for comparison): 696

TABLE IV.E.2–3—ESTIMATED AVERAGE FUEL ECONOMY REQUIRED UNDER FINAL MY 2011 AND FINAL MY 2012–2016 

CAFE STANDARDS FOR PASSENGER CARS

Manufacturer MY 2011 MY 2012 MY 2013 MY 2014 MY 2015 MY 2016 

BMW ................................................................................ 30.2 33.0 33.7 34.5 35.7 37.3 

Chrysler ............................................................................ 29.4 32.6 33.3 34.1 35.2 36.7 

Daimler ............................................................................. 29.2 32.0 32.7 33.3 34.4 35.8 

Ford .................................................................................. 29.7 32.9 33.7 34.4 35.6 37.1 

General Motors ................................................................ 30.3 32.7 33.5 34.2 35.4 36.9 

Honda ............................................................................... 30.8 33.8 34.6 35.4 36.7 38.3 

Hyundai ............................................................................ 30.9 33.8 34.3 35.1 36.6 38.2 

Kia .................................................................................... 30.6 33.4 34.2 35.0 36.3 37.9 

Mazda .............................................................................. 30.6 33.8 34.6 35.5 36.8 38.4 

Mitsubishi ......................................................................... 31.0 34.2 35.0 35.8 37.1 38.7 

Nissan .............................................................................. 30.7 33.3 34.1 34.9 36.1 37.7 


mstockstill on DSKB9S0YB1PROD with RULES2ER07MY10.034</GPH>
25614 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 

697See 74 FR at 14410 (Mar. 30, 3009). 698 Id. 699Readers should remember, of course, that the 

‘‘estimated required standard’’ is not necessarily the 

ultimate mpg level with which manufacturers will 

have to comply, because the ultimate mpg level for 

each manufacturer is determined at the end of the 

model year based on the target curves and the mix 

of vehicles that each manufacturer has produced for 

sale. The mpg level designated as ‘‘estimated 

required’ is exactly that, an estimate. 

TABLE IV.E.2–3—ESTIMATED AVERAGE FUEL ECONOMY REQUIRED UNDER FINAL MY 2011 AND FINAL MY 2012–2016 

CAFE STANDARDS FOR PASSENGER CARS—Continued 

Manufacturer MY 2011 MY 2012 MY 2013 MY 2014 MY 2015 MY 2016 

Porsche ............................................................................ 31.2 35.9 36.8 37.8 39.2 41.1 

Subaru .............................................................................. 31.0 34.6 35.5 36.3 37.7 39.4 

Suzuki .............................................................................. 31.2 35.8 36.6 37.5 39.0 40.8 

Tata .................................................................................. 28.0 30.7 31.4 32.1 33.3 34.7 

Toyota .............................................................................. 30.8 33.9 34.7 35.5 36.8 38.4 

Volkswagen ...................................................................... 30.8 34.3 35.0 35.9 37.2 38.8 

Average ............................................................................ 30.4 33.3 34.2 34.9 36.2 37.8 

Because a manufacturer’s required 

average fuel economy level for a model 

year under the final standards will be 

based on its actual production numbers 

in that model year, its official required 

fuel economy level will not be known 

until the end of that model year. 

However, because the targets for each 

vehicle footprint will be established in 

advance of the model year, a 

manufacturer should be able to estimate 

its required level accurately. 

3. Minimum Domestic Passenger Car 

Standards 

EISA expressly requires each 

manufacturer to meet a minimum fuel 

economy standard for domestically 

manufactured passenger cars in addition 

to meeting the standards set by NHTSA. 

According to the statute (49 U.S.C. 

32902(b)(4)) the minimum standard 

shall be the greater of (A) 27.5 miles per 

gallon; or (B) 92 percent of the average 

fuel economy projected by the Secretary 

for the combined domestic and nondomestic passenger automobile fleets 

manufactured for sale in the United 

States by all manufacturers in the model 

year. The agency must publish the 

projected minimum standards in the 

Federal Register when the passenger car 

standards for the model year in question 

are promulgated. 

As published in the MY 2011 final 

rule, the domestic minimum passenger 

car standard for MY 2011 was set at 27.8 

mpg, which represented 92 percent of 

the final projected passenger car 

standards promulgated for that model 

year.697 NHTSA stated at the time that 

‘‘The final calculated minimum 

standards will be updated to reflect any 

changes in the projected passenger car 

standards.’’ 698 Subsequently, in the 

NPRM proposing the MYs 2012–2016 

standards, NHTSA noted that given 

changes in the projected estimated 

required passenger car standard for MY 

2011,699 92 percent of that standard 

would be 28.0 mpg, not 27.8 mpg, and 

proposed to raise the minimum 

domestic passenger car standard 

accordingly. 

The Alliance commented to the 

NPRM that the minimum domestic 

passenger car standard is subject to the 

18-month lead time rule for standards 

per 49 U.S.C. per 49 U.S.C. 32902(a), 

and that NHTSA therefore cannot revise 

it at this time. Toyota individually 

offered identical comments. 

49 U.S.C. 32902(b)(4)(B) does state 

that the minimum domestic passenger 

car standard shall be 92 percent of the 

projected average fuel economy for the 

passenger car fleet, ‘‘which projection 

shall be published in the Federal 

Register when the standard for that 

model year is promulgated in 

accordance with this section.’’ In 

reviewing the statute, the agency 

concurs that the minimum domestic 

passenger car standard should be based 

on the agency’s fleet assumptions when 

the passenger car standard for that year 

is promulgated, which would make it 

inappropriate to change the minimum 

standard for MY 2011 at this time. 

However, we note that we do not read 

this language to preclude any change in 

the minimum standard after it is first 

promulgated for a model year. As long 

as the 18-month lead-time requirement 

of 49 U.S.C. 32902(a) is respected, 

NHTSA believes that the language of the 

statute suggests that the 92 percent 

should be determined anew any time 

the passenger car standards are revised. 

The Alliance also commented that the 

minimum domestic passenger car 

standard should be based on the 

projected ‘‘actual’’ (NHTSA refers to this 

as ‘‘estimated achieved’’) mpg level for 

the combined passenger car fleet, rather 

than based on the projected ‘‘target’’ mpg 

level (NHTSA refers to this as 

‘‘estimated required’’) for the combined 

fleet. The Alliance argued that the plain 

language of the statute states that 92 

percent should be taken of the ‘‘average 

fuel economy projected * * * for the 

combined * * * fleets,’’ which is 

different than the average fuel economy 

standard projected. The Alliance further 

argued that using the ‘‘estimated 

achieved’’ value to determine the 92 

percent will avoid inadvertently 

‘‘considering’’ FFV credits in setting the 

minimum standard, since the ‘‘estimated 

achieved’’ value is determined by 

ignoring FFV credits. Toyota 

individually offered identical 

comments. 

NHTSA disagrees that the minimum 

standard should be based on the 

estimated achieved levels rather than 

the estimated required levels. NHTSA 

interprets Congress’ reference in the 

second clause of 32902(b)(4)(B) to the 

standard promulgated in that model 

year as indicating that Congress 

intended ‘‘projected average fuel 

economy’’ in the first clause to pertain 

to the estimated required level, not the 

estimated achieved level. The Alliance’s 

concern that a minimum standard based 

on the estimated required level 

‘‘inadvertently considers’’ FFV credits is 

misplaced, because NHTSA is 

statutorily prohibited from considering 

FFV credits in setting maximum feasible 

standards. Thus, NHTSA has continued 

to determine the minimum domestic 

passenger car standard based on the 

estimated required mpg levels projected 

for the model years covered by the 

rulemaking. 

Based on NHTSA’s current market 

forecast, the agency’s estimates of these 

minimum standards under the final MY 

2012–2016 CAFE standards (and, for 

comparison, the final MY 2011 

minimum domestic passenger car 

standard) are summarized below in 

Table IV.E.3–1. 

mstockstill on DSKB9S0YB1PROD with RULES2

Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 25615 

TABLE IV.E.3–1—ESTIMATED MINIMUM STANDARD FOR DOMESTICALLY MANUFACTURED PASSENGER CARS UNDER FINAL

MY 2011 AND FINAL MY 2012–2016 CAFE STANDARDS FOR PASSENGER CARS

2011 2012 2013 2014 2015 2016 

27.8 30.7 31.4 32.1 33.3 34.7 

4. Light Truck Standards 

For light trucks, NHTSA proposed 

CAFE standards defined by the 

following coefficients during MYs 

2012–2016: 

TABLE IV.E.4–1—COEFFICIENTS DEFINING PROPOSED MY 2012–2016 FUEL ECONOMY TARGETS FOR LIGHT TRUCKS

Coefficient 2012 2013 2014 2015 2016 

a (mpg) ....................................................................... 29 .44 30 .32 31 .30 32 .70 34 .38 

b (mpg) ....................................................................... 22 .06 22 .55 23 .09 23 .84 24 .72 

c (gpm/sf) ................................................................... 0 .0004546 0 .0004546 0 .0004546 0 .0004546 0 .0004546 

d (gpm) ....................................................................... 0 .01533 0 .01434 0 .01331 0 .01194 0 .01045 

After updating inputs to its analysis, 

and revisiting the form and stringency 

of both passenger cars and light truck 

standards, as discussed in Section II, 

NHTSA is finalizing light truck CAFE 

standards defined by the following 

coefficients during MYs 2012–2016: 

TABLE IV.E.4–2—COEFFICIENTS DEFINING FINAL MY 2012–2016 FUEL ECONOMY TARGETS FOR LIGHT TRUCKS

Coefficient 2012 2013 2014 2015 2016 

a (mpg) ....................................................................... 29 .82 30 .67 31 .38 32 .72 34 .42 

b (mpg) ....................................................................... 22 .27 22 .74 23 .13 23 .85 24 .74 

c (gpm/sf) ................................................................... 0 .0004546 0 .0004546 0 .0004546 0 .0004546 0 .0004546 

d (gpm) ....................................................................... 0 .014900 0 .013968 0 .013225 0 .011920 0 .010413 

As for passenger cars, these 

coefficients reflect the agency’s 

decision, discussed above in Section II, 

to leave the shapes of both the passenger 

car and light truck curves unchanged. 

They also reflect the agency’s 

reevaluation of the ‘‘gap’’ in stringency 

between the passenger car and light 

truck standard, also discussed in 

Section II. 

These coefficients result in the 

footprint-dependent targets shown 

graphically below. The MY 2011 final 

standard, which is specified by a 

constrained logistic function rather than 

a constrained linear function, is shown 

for comparison. 

mstockstill on DSKB9S0YB1PROD with RULES2

25616 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 

700 In the March 2009 final rule establishing MY 

2011 standards for passenger cars and light trucks, 

NHTSA estimated that the required fuel economy 

levels for light trucks would average 24.1 mpg 

under the MY 2011 light truck standard. Based on 

the agency’s current forecast of the MY 2011 light 

truck market, NHTSA now estimates that the 

required fuel economy levels will average 24.4 mpg 

in MY 2011. The increase in the estimate reflects 

a decrease in the size of the average light truck. 

Again, given these targets, the CAFE 

levels required of individual 

manufacturers will depend on the mix 

of vehicles they produce for sale in the 

United States. Based on the market 

forecast NHTSA has used to examine 

today’s final CAFE standards, the 

agency estimates that the targets shown 

above will result in the following 

average required fuel economy levels for 

individual manufacturers during MYs 

2012–2016 (an updated estimate of the 

average required fuel economy level 

under the final MY 2011 standard is 

shown for comparison): 700

TABLE IV.E.4–3—ESTIMATED AVERAGE FUEL ECONOMY REQUIRED UNDER FINAL MY 2011 AND FINAL MY 2012–2016 

CAFE STANDARDS FOR LIGHT TRUCKS

Manufacturer MY 2011 MY 2012 MY 2013 MY 2014 MY 2015 MY 2016 

BMW ........................................................ 25.6 26.6 27.3 27.9 28.9 30.2 

Chrysler .................................................... 24.5 25.7 26.2 26.8 27.8 29.0 

Daimler ..................................................... 24.7 25.6 26.3 26.9 27.8 29.1 

Ford .......................................................... 23.7 24.8 25.4 26.0 27.0 28.1 

General Motors ........................................ 23.3 24.2 24.8 25.2 26.1 27.2 

Honda ....................................................... 25.7 26.9 27.5 28.0 29.1 30.4 

Hyundai .................................................... 25.9 27.0 27.6 28.2 29.3 30.7 

Kia ............................................................ 25.2 26.2 26.7 27.3 28.3 29.5 

Mazda ...................................................... 26.2 27.6 28.4 28.9 30.1 31.5 

Mitsubishi ................................................. 26.4 27.8 28.5 29.1 30.2 31.7 

Nissan ...................................................... 24.5 25.6 26.2 26.8 27.8 29.1 

Porsche .................................................... 25.5 26.3 26.9 27.5 28.5 29.8 

Subaru ...................................................... 26.5 27.9 28.6 29.2 30.4 31.9 

Suzuki ...................................................... 26.3 27.5 28.2 28.8 29.9 31.4 

Tata .......................................................... 26.2 27.4 28.2 28.8 29.9 31.3 

Toyota ...................................................... 24.6 25.7 26.2 26.8 27.8 29.1 


mstockstill on DSKB9S0YB1PROD with RULES2ER07MY10.035</GPH>
Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 25617 

701Notice of intent to prepare an EIS, 74 FR 

14857, 14859–60, April 1, 2009. 

702The stringency indicated by each of these 

alternatives depends on the value of inputs to 

NHTSA’s analysis. Results presented here for these 

two alternatives are based on NHTSA’s reference 

case inputs, which underlie the central analysis of 

the proposed standards. In the accompanying FRIA, 

the agency presents the results of that analysis to 

explore the sensitivity of results to changes in key 

economic inputs. Because of numerous changes in 

model inputs (e.g., discount rate, rebound effect, 

CO2 value, technology cost estimates), our analysis 

often exhausts all available technologies before 

reaching the point at which total costs equal total 

benefits. In these cases, the stringency that exhausts 

all available technologies is considered. 

TABLE IV.E.4–3—ESTIMATED AVERAGE FUEL ECONOMY REQUIRED UNDER FINAL MY 2011 AND FINAL MY 2012–2016 

CAFE STANDARDS FOR LIGHT TRUCKS—Continued 

Manufacturer MY 2011 MY 2012 MY 2013 MY 2014 MY 2015 MY 2016 

Volkswagen .............................................. 25.0 25.8 26.4 27.0 28.0 29.2 

Average .................................................... 24.4 25.4 26.0 26.6 27.5 28.8 

As discussed above with respect to 

the final passenger cars standards, we 

note that a manufacturer’s required fuel 

economy level for a model year under 

the final standards will be based on its 

actual production numbers in that 

model year. 

F. How do the final standards fulfill 

NHTSA’s statutory obligations? 

In developing the proposed MY 2012– 

16 standards, the agency developed and 

considered a wide variety of 

alternatives. In response to comments 

received in the last round of 

rulemaking, in our March 2009 notice of 

intent to prepare an environmental 

impact statement, the agency selected a 

range of candidate stringencies that 

increased annually, on average, 3% to 

7%.701 That same approach has been 

carried over to this final rule and to the 

accompanying FEIS and FRIA. Thus, the 

majority of the alternatives considered 

in this rulemaking are defined as 

average percentage increases in 

stringency—3 percent per year, 4 

percent per year, 5 percent per year, and 

so on. NHTSA believes that this 

approach clearly communicates the 

level of stringency of each alternative 

and allows us to identify alternatives 

that represent different ways to balance 

NHTSA’s statutory requirements under 

EPCA/EISA. 

In the NPRM, we noted that each of 

the listed alternatives represents, in 

part, a different way in which NHTSA 

could conceivably balance different 

policies and considerations in setting 

the standards. We were mindful that the 

agency needs to weigh and balance 

many factors, such as technological 

feasibility, economic practicability, 

including lead time considerations for 

the introduction of technologies and 

impacts on the auto industry, the 

impacts of the standards on fuel savings 

and CO2 emissions, and fuel savings by 

consumers, as well as other relevant 

factors such as safety. For example, the 

7% Alternative weighs energy 

conservation and climate change 

considerations more heavily and 

technological feasibility and economic 

practicability less heavily. In contrast, 

the 3% Alternative, the least stringent 

alternative, places more weight on 

technological feasibility and economic 

practicability. We recognized that the 

‘‘feasibility’’ of the alternatives also may 

reflect differences and uncertainties in 

the way in which key economic (e.g., 

the price of fuel and the social cost of 

carbon) and technological inputs could 

be assessed and estimated or valued. We 

also recognized that some technologies 

(e.g., PHEVs and EVs) will not be 

available for more than limited 

commercial use through MY 2016, and 

that even those technologies that could 

be more widely commercialized through 

MY 2016 cannot all be deployed on 

every vehicle model in MY 2012 but 

require a realistic schedule for more 

widespread commercialization to be 

within the realm of economically 

practicability. 

In addition to the alternatives that 

increase evenly at annual rates ranging 

from 3% to 7%, NHTSA also included 

alternatives developed using benefitcost criteria. The agency emphasized 

benefit-cost-related alternatives in its 

rulemakings for MY 2008–2011 and, 

subsequently, MY 2011 standards. By 

including such alternatives in its 

current analysis, the agency is providing 

a degree of analytical continuity 

between the two approaches to defining 

alternatives in an effort to illustrate the 

similarities and dissimilarities. To that 

end, we included and analyzed two 

additional alternatives, one that sets 

standards at the point where net 

benefits are maximized (labeled ‘‘MNB’’ 

in the table below), and another that sets 

standards at the point at which total 

costs are most nearly equal to total 

benefits (labeled ‘‘TCTB’’ in the table 

below).702 With respect to the first of 

those alternatives, we note that 

Executive Order 12866 focuses attention 

on an approach that maximizes net 

benefits. Further, since NHTSA has thus 

far set attribute-based CAFE standards at 

the point at which net benefits are 

maximized, we believed it would be 

useful and informative to consider the 

potential impacts of that approach as 

compared to the new approach for MYs 

2012–2016. 

After working with EPA in thoroughly 

reviewing and in some cases reassessing 

the effectiveness and costs of 

technologies (most of which are already 

being incorporated in at least some 

vehicles), market forecasts and 

economic assumptions, NHTSA used 

the Volpe model extensively to assess 

the technologies that the manufacturers 

could apply in order to comply with 

each of the alternatives. This allowed us 

to assess the variety, amount and cost of 

the technologies that could be used to 

enable the manufacturers to comply 

with each of the alternatives. NHTSA 

estimated how the application of these 

and other technologies could increase 

vehicle costs, reduce fuel consumption, 

and reduce CO2 emissions. 

The agency then assessed which 

alternative would represent a reasonable 

balancing of the statutory criteria, given 

the difficulties confronting the industry 

and the economy, and other relevant 

goals and priorities. Those priorities and 

goals include maximizing energy 

conservation and achieving a nationally 

harmonized and coordinated program 

for regulating fuel economy and GHG 

emissions. 

Part of that assessment of alternatives 

entailed an evaluation of the 

stringencies necessary to achieve both 

Federal and State GHG emission 

reduction goals, especially those of 

California and the States that have 

adopted its GHG emission standard for 

motor vehicles. Given that EPCA 

requires attribute-based standards, 

NHTSA and EPA determined the level 

at which a national attribute-based GHG 

emissions standard would need to be set 

to achieve the same emission reductions 

in California as the California GHG 

program. This was done by evaluating a 

nationwide Clean Air Act standard for 

MY 2016 that would apply across the 

country and require the levels of 

emissions reduction which California 

standards would require for the subset 

mstockstill on DSKB9S0YB1PROD with RULES2

25618 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 

703Also, the ‘‘MNB’’ and the ‘‘TCTB’’ alternatives 

depend on the inputs to the agencies’ analysis. The 

sensitivity analysis presented in the FRIA 

documents the response of these alternatives to 

changes in key economic inputs. For example, the 

combined average required fuel economy under the 

‘‘MNB’’ alternative is 36.9 mpg under the reference 

case economic inputs presented here, and ranges 

from 33.7 mpg to 37.2 mpg under the alternative 

economic inputs presented in the FRIA. See Table 

X–14 in the FRIA. 

of vehicles sold in California under the 

California standards for MY 2009–2016 

(known as ‘‘Pavley 1’’). In essence, the 

stringency of the California Pavley 1 

program was evaluated, but for a 

national standard. For a number of 

reasons discussed in Section III.D, an 

assessment was developed of national 

new vehicle fleet-wide CO2 performance 

standards for model year 2016 which 

would result in the new light-duty 

vehicle fleet in the State of California 

having CO2 performance equal to the 

performance from the California Pavley 

1 standards. That level, 250 g/mi, is 

equivalent to 35.5 mpg if the GHG 

standard were met exclusively by fuel 

economy improvements—and the 

overall result is the model year 2016 

goals of the National Program. 

However, the level of stringency for 

the National Program goal of 250 g/mi 

CO2 can be met with both fuel economy 

‘‘tailpipe’’ improvements as well as other 

GHG-reduction related improvements, 

such as A/C refrigerant leakage 

reductions. CAFE standards, as 

discussed elsewhere in this final rule, 

cannot be met by improvements that 

cannot be accounted for on the FTP/ 

HFET tests. Thus, setting CAFE 

standards at 35.5 mpg would require 

more tailpipe technology (at more 

expense to manufacturers) than would 

be required under such a CAA standard. 

To obtain an equivalent CAFE standard, 

we determined how much tailpipe 

technology would be necessary in order 

to meet an mpg level of 35.5 if 

manufacturers also employed what EPA 

deemed to be an average amount of 

A/C ‘‘credits’’ (leakage and efficiency) to 

reach the 250 g/mi equivalent. This 

results in a figure of 34.1 mpg as the 

appropriate counterpart CAFE standard. 

This differential gives manufacturers the 

opportunity to reach 35.5 mpg 

equivalent under the CAA in ways that 

would significantly reduce their costs. 

Were NHTSA instead to establish its 

standard at the same level, 

manufacturers would need to make 

substantially greater expenditures on 

fuel-saving technologies to reach 35.5 

mpg under EPCA. 

Thus, as part of the process of 

considering all of the factors relevant 

under EPCA for setting standards, in a 

context where achieving a harmonized 

National Program is important, for the 

proposal we created a new alternative 

whose annual percentage increases 

would achieve 34.1 mpg by MY 2016. 

That alternative is one which increases 

on average at 4.3% annually. This new 

alternative, like the seven alternatives 

presented above, represents a unique 

balancing of the statutory factors and 

other relevant considerations. For the 

reader’s reference, the estimated 

required levels of stringency for each 

alternative in each model year are 

presented below: 

TABLE IV.F–1—ESTIMATED REQUIRED FUEL ECONOMY LEVEL FOR REGULATORY ALTERNATIVES 703

Alt. 1 Alt. 2 Alt. 3 Alt. 4 Alt. 5 Alt. 6 Alt. 7 Alt. 8 Alt. 9 

No action 3%/year 

increase 

4%/year 

increase 

~4.3%/year 

increase 

5%/year 

increase 

~6.0%/year 

increase 

MNB 

6%/year 

increase 

7%/year 

increase 

~6.6%/year 

increase 

TCTB 

2012: 

Passenger Cars ........................ 30.5 31.7 32.1 33.3 32.4 33.0 32.7 33.0 33.4 

Light Trucks ............................... 24.4 24.1 24.4 25.4 24.6 26.3 24.9 25.1 26.3 

Combined ........................... 27.8 28.3 28.6 29.7 28.8 30.0 29.1 29.4 30.3 

2013: 

Passenger Cars ........................ 30.5 32.6 33.3 34.2 33.9 36.1 34.5 35.2 36.7 

Light Trucks ............................... 24.4 24.8 25.3 26.0 25.8 27.7 26.3 26.8 28.0 

Combined ........................... 27.8 29.1 29.7 30.5 30.3 32.3 30.8 31.4 32.8 

2014: 

Passenger Cars ........................ 30.5 33.5 34.5 34.9 35.5 38.1 36.5 37.6 39.2 

Light Trucks ............................... 24.5 25.5 26.3 26.6 27.0 29.1 27.8 28.6 29.7 

Combined ........................... 28.0 30.0 30.9 31.3 31.8 34.2 32.7 33.7 35.0 

2015: 

Passenger Cars ........................ 30.5 34.4 35.8 36.2 37.1 39.4 38.6 40.1 40.7 

Light Trucks ............................... 24.4 26.2 27.2 27.5 28.3 30.3 29.4 30.5 30.7 

Combined ........................... 28.0 31.0 32.2 32.6 33.4 35.6 34.7 36.0 36.5 

2016: 

Passenger Cars ........................ 30.5 35.4 37.2 37.8 39.0 40.9 40.9 42.9 42.3 

Light Trucks ............................... 24.4 27.0 28.3 28.8 29.7 31.1 31.1 32.6 31.8 

Combined ........................... 28.1 32.0 33.6 34.1 35.2 36.9 36.9 38.7 38.0 

The following figure presents this 

same information but in a different way, 

comparing estimated average fuel 

economy levels required of 

manufacturers under the eight 

regulatory alternatives in MYs 2012, 

2014, and 2016. Required levels for MY 

2013 and MY 2015 fall between those 

for MYs 2012 and 2014 and MYs 2014 

and 2016, respectively. Although 

required levels for these interim years 

are not presented in the following figure 

to limit the complexity of the figure, 

they do appear in the accompanying 

FRIA. 

mstockstill on DSKB9S0YB1PROD with RULES2

Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 25619 

As this figure illustrates, the final 

standards involve a ‘‘faster start’’ toward 

increased stringency than do any of the 

alternatives that increase steadily (i.e., 

the 3%/y, 4%/y, 5%/y, 6%/y, and 

7%/y alternatives). However, by MY 

2016, the stringency of the final 

standards reflects an average annual 

increase of 4.3%/y. The final standards, 

therefore, represent an alternative that 

could be referred to as ‘‘4.3% per year 

with a fast start’’ or a ‘‘front-loaded 4.3% 

average annual increase.’’ 

For each alternative, including today’s 

final standards, NHTSA has estimated 

all corresponding effects for each model 

year, including fuel savings, CO2

reductions, and other effects, as well as 

the estimated societal benefits of these 

effects. The accompanying FRIA 

presents a detailed analysis of these 

results. Table IV.F–2 presents fuel 

savings, CO2 reductions, and total 

industry cost outlays for model year 

2012—2016 for the eight alternatives. 

TABLE IV.F–2—FUEL SAVINGS, CO2 REDUCTIONS, AND TECHNOLOGY COSTS FOR REGULATORY ALTERNATIVES

Regulatory alternative Fuel savings 

(b. gal) 

CO2

reductions 

(mmt) 

Cost 

($b) 

3% per Year ................................................................................................................................. 34 373 23 

4% per Year ................................................................................................................................. 50 539 39 

Final (4.3% per Year) .................................................................................................................. 61 655 52 

5% per Year ................................................................................................................................. 68 709 63 

6% per Year ................................................................................................................................. 82 840 90 

Maximum Net Benefit .................................................................................................................. 90 925 103 

7% per Year ................................................................................................................................. 93 945 111 

Total Cost = Total Benefit ............................................................................................................ 96 986 114 

As noted earlier, NHTSA has used the 

Volpe model to analyze each of these 

alternatives based on analytical inputs 

determined jointly with EPA. For a 

given regulatory alternative, the Volpe 

model estimates how each manufacturer 

could apply technology in response to 

the MY 2012 standard (separately for 

cars and trucks), carries technologies 


mstockstill on DSKB9S0YB1PROD with RULES2ER07MY10.036</GPH>
25620 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 

704NHTSA has conducted a separate analysis, 

discussed above in Section I, which accounts for 

EPCA’s provisions regarding FFVs. 

705For a number of reasons, the results of this 

modeling differ from EPA’s for specific 

manufacturers, fleets, and model years. These 

reasons include representing every model year 

explicitly, accounting for estimates of when vehicle 

model redesigns will occur, and not considering 

those compliance flexibilities where EPCA forbids 

such consideration in setting CAFE standards. It 

should be noted, however, that these flexibilities in 

fact provide manufacturers significant latitude to 

manage their compliance obligations. 

applied in MY 2012 forward to MY 

2013, and then estimates how each 

manufacturer could apply technology in 

response to the MY 2013 standard. 

When analyzing MY 2013, the model 

considers the potential to add ‘‘extra’’ 

technology in MY 2012 in order to carry 

that technology into MY 2013, thereby 

avoiding the use of more expensive 

technologies in MY 2013. The model 

continues in this fashion through MY 

2016, and then performs calculations to 

estimate the costs, effects, and benefits 

of the applied technologies, and to 

estimate any civil penalties owed based 

on projected noncompliance. For each 

regulatory alternative, the model 

calculates incremental costs, effects, and 

benefits relative to the regulatory 

baseline (i.e., the no-action alternative), 

under which the MY 2011 CAFE 

standards continue through MY 2016. 

The model calculates results for each 

model year, because EPCA requires that 

NHTSA set its standards for each model 

year at the ‘‘maximum feasible average 

fuel economy level that the Secretary 

decides the manufacturers can achieve 

in that model year’’ considering four 

statutory factors. Pursuant to EPCA’s 

requirement that NHTSA not consider 

statutory credits in establishing CAFE 

standards, NHTSA did not consider FFV 

credits, credits carried forward and 

backward, and transferred credits in this 

calculation 704, 705 In addition, the 

analysis incorporates fines for some 

manufacturers that have traditionally 

paid fines rather than comply with the 

standards. Because it entails year-byyear examination of eight regulatory 

alternatives for, separately, passenger 

cars and light trucks, NHTSA’s analysis 

involves a large amount of information. 

Detailed results of this analysis are 

presented separately in NHTSA’s FRIA. 

In reviewing the results of the various 

alternatives, NHTSA confirmed that 

progressive increases in stringency 

require progressively greater 

deployment of fuel-saving technology 

and corresponding increases in 

technology outlays and related costs, 

fuel savings, and CO2 emission 

reductions. To begin, NHTSA estimated 

total incremental outlays for additional 

technology in each model year. The 

following figure shows cumulative 

results for MYs 2012–2016 for industry 

as a whole and Chrysler, Ford, General 

Motors, Honda, Nissan, and Toyota. 

This figure focuses on these 

manufacturers as they currently (in MY 

2010) represent three large U.S.- 

headquartered and three large foreignheadquartered full-line manufacturers. 

BILLING CODE 6560–50–P 


mstockstill on DSKB9S0YB1PROD with RULES2ER07MY10.037</GPH>
Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 25621 

706The FRIA presents results for all model years, 

technologies, and manufacturers, and NHTSA has 

considered these broader results when considering 

the eight regulatory alternatives. 

As part of the incremental technology 

outlays, NHTSA also analyzes which 

technologies manufacturers could apply 

to meet the standards. In NHTSA’s 

analysis, manufacturers achieve 

compliance with the fuel economy 

levels through application of technology 

rather than through changes in the mix 

of vehicles produced for sale in the U.S. 

The accompanying FRIA presents 

detailed estimates of additional 

technology penetration into the NHTSA 

reference fleet associated with each 

regulatory alternative. The following 

four charts illustrate the results of this 

analysis, considering the application of 

four technologies by six manufacturers 

and by the industry as a whole. 

Technologies include gasoline direct 

injection (GDI), engine turbocharging 

and downsizing, diesel engines, and 

strong HEV systems (including CISG 

systems). GDI and turbocharging are 

presented because they are among the 

technologies that play an important role 

in achieving the fuel economy 

improvements shown in NHTSA’s 

analysis, and diesels and strong HEVs 

are presented because they represent 

technologies involving significant cost 

and related lead time challenges for 

widespread use through MY 2016. 

These figures focus on Chrysler, Ford, 

General Motors, Honda, Nissan, and 

Toyota, as above. For each alternative, 

the figures show additional application 

of technology by MY 2016.706

BILLING CODE 2010–8159–P 


mstockstill on DSKB9S0YB1PROD with RULES2ER07MY10.038</GPH>
25622 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 


mstockstill on DSKB9S0YB1PROD with RULES2ER07MY10.039</GPH>
Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 25623 


mstockstill on DSKB9S0YB1PROD with RULES2ER07MY10.040</GPH>
25624 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 

The modeling analysis demonstrates 

that applying these technologies, of 

course, results in fuel savings. Relevant 

to EPCA’s requirement that NHTSA 

consider, among other factors, economic 

practicability and the need of the nation 

to conserve energy, the following figure 

compares the incremental technology 

outlays and related cost presented above 

for the industry to the corresponding 

cumulative fuel savings. 


mstockstill on DSKB9S0YB1PROD with RULES2ER07MY10.041</GPH>
Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 25625 

These incremental technology outlays 

(and corresponding fuel savings) also 

result in corresponding increases in 

incremental cost per vehicle, as shown 

below. The following five figures show 

industry-wide average incremental (i.e., 

relative to the reference fleet) pervehicle costs, for each model year, each 

fleet, and the combined fleet. Estimates 

specific to each manufacturer are shown 

in NHTSA’s FRIA. 


mstockstill on DSKB9S0YB1PROD with RULES2ER07MY10.042</GPH>
25626 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 


mstockstill on DSKB9S0YB1PROD with RULES2ER07MY10.043</GPH>
Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 25627 


mstockstill on DSKB9S0YB1PROD with RULES2ER07MY10.044</GPH>
25628 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 


mstockstill on DSKB9S0YB1PROD with RULES2ER07MY10.045</GPH>
Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 25629 


mstockstill on DSKB9S0YB1PROD with RULES2ER07MY10.046</GPH>
25630 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 

707See, e.g., FEIS, figure S–12, p. 18, which 

shows that 7%/y alternative yields greatest 

cumulative effect on global mean temperature. 

BILLING CODE 6560–50–C 

As discussed in the NPRM, the agency 

began the process of winnowing the 

alternatives by determining whether any 

of the lower stringency alternatives 

should be eliminated from 

consideration. To begin with, the agency 

needs to ensure that its standards are 

high enough to enable the combined 

fleet of passenger cars and light trucks 

to achieve at least 35 mpg not later than 

MY 2020, as required by EISA. 

Achieving that level makes it necessary 

for the chosen alternative to increase at 

over 3 percent annually. Additionally, 

given that CO2 and fuel savings are very 

closely correlated, the 3%/y and 4%/y 

alternative would not produce the 

reductions in fuel savings and CO2

emissions that the Nation needs at this 

time. Picking either of those alternatives 

would unnecessarily result in foregoing 

substantial benefits, in terms of fuel 

savings and reduced CO2 emissions, 

which would be achievable at 

reasonable cost. And finally, neither the 

3%/y nor the 4%/y alternatives would 

lead to the regulatory harmonization 

that forms a vital core principle of the 

National Program that EPA and NHTSA 

are jointly striving to implement. These 

alternatives would give inadequate 

weight to other standards of the 

Government, specifically EPA’s and 

CARB’s. Thus, the agency concluded 

that alternatives less stringent than the 

proposed standards would not yield the 

emissions reductions required to 

produce a harmonized national program 

and would not produce corresponding 

fuel savings, and therefore would not 

place adequate emphasis on the nation’s 

need to conserve energy. NHTSA has 

therefore concluded that it must reject 

the 3%/y and 4%/y alternatives. 

NHTSA then considered the 

‘‘environmentally-preferable’’ 

alternative. Based on the information 

provided in the FEIS, the 

environmentally-preferable alternative 

would be that involving stringencies 

that increase at 7% annually.707 NHTSA 

notes that NEPA does not require that 

agencies choose the environmentallypreferable alternative if doing so would 

be contrary to the choice that the agency 

would otherwise make under its 

governing statute. Given the levels of 

technology and cost required by the 

environmentally-preferable alternative 

and the lack of lead time to achieve 

such levels between now and MY 2016, 

as discussed further below, NHTSA 

concludes that the environmentallypreferable alternative would not be 

economically practicable or 

technologically feasible, and thus 

concludes that it would result in 

standards that would be beyond the 

level achievable for MYs 2012–2016. 

For the other alternatives, NHTSA 

determined that it would be 

inappropriate to choose any of the other 

more stringent alternatives due to 

concerns over lead time and economic 

practicability. There are real-world 

technological and economic time 

constraints which must be considered 

due to the short lead time available for 

the early years of this program, in 

particular for MYs 2012 and 2013. The 

alternatives more stringent than the 

final standards begin to accrue costs 

considerably more rapidly than they 

accrue fuel savings and emissions 

reductions, and at levels that are 

increasingly economically burdensome, 

especially considering the need to make 

underlying investments (e.g., for 


mstockstill on DSKB9S0YB1PROD with RULES2ER07MY10.047</GPH>
Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 25631 

engineering and tooling) well in 

advance of actual production. As shown 

in Figures IV–2 to IV–6 above, while the 

final standards already require 

aggressive application of technologies, 

more stringent standards would require 

more widespread use (including more 

substantial implementation of advanced 

technologies such as stoichiometric 

gasoline direct injection engines, diesel 

engines, and strong hybrids), and would 

raise serious issues of adequacy of lead 

time, not only to meet the standards but 

to coordinate such significant changes 

with manufacturers’ redesign cycles. 

The agency maintains, as it has 

historically, that there is an important 

distinction between considerations of 

technological feasibility and economic 

practicability, both of which enter into 

the agency’s determination of the 

maximum feasible levels of stringency. 

A given level of performance may be 

technologically feasible (i.e., setting 

aside economic constraints) for a given 

vehicle model. However, it would not 

be economically practicable to require a 

level of fleet average performance that 

assumes every vehicle will immediately 

(i.e., within 18 months of the rule’s 

promulgation) perform at its highest 

technologically feasible level, because 

manufacturers do not have unlimited 

access to the financial resources or the 

time required to hire enough engineers, 

build enough facilities, and install 

enough tooling. The lead time 

reasonably needed to make capital 

investments and to devote the resources 

and time to design and prepare for 

commercial production of a more fuel 

efficient vehicle is an important element 

that NHTSA takes into consideration in 

establishing the standards. 

In addition, the figures presented 

above reveal that increasing stringency 

beyond the final standards would entail 

significant additional application of 

technology. Among the more stringent 

alternatives, the one closest in 

stringency to the standards being 

finalized today is the alternative under 

which combined CAFE stringency 

increases at 5% annually. As indicated 

above, this alternative would yield fuel 

savings and CO2 reductions about 11% 

and 8% higher, respectively, than the 

final standards. However, compared to 

the final standards, this alternative 

would increase outlays for new 

technologies during MY 2012–2016 by 

about 22%, or $12b. Average MY 2016 

cost increases would, in turn, rise from 

$903 under the final standards to $1,152 

when stringency increases at 5% 

annually. This represents a 28% 

increase in per-vehicle cost for only a 

3% increase in average performance (on 

a gallon-per-mile basis to which fuel 

savings are proportional). Additionally, 

the 5%/y alternative disproportionally 

burdens the light truck fleet requiring a 

nearly $400 (42 percent) cost increase in 

MY 2016 compared to the final 

standards. The following three tables 

summarize estimated manufacturerlevel average incremental costs for the 

5%/y alternative and the average of the 

passenger and light truck fleets: 

TABLE IV.F–3—AVERAGE INCREMENTAL COSTS ($/VEHICLE) UNDER THE 5%/Y ALTERNATIVE CAFE STANDARDS FOR

PASSENGER CARS

Manufacturer MY 2012 MY 2013 MY 2014 MY 2015 MY 2016 

BMW ............................................................................ 3 4 24 184 585 

Chrysler ........................................................................ 734 1,303 1,462 1,653 1,727 

Daimler ......................................................................... ........................ .......................... 410 801 1,109 

Ford .............................................................................. 743 1,245 1,261 1,583 1,923 

General Motors ............................................................ 448 823 1,187 1,425 1,594 

Honda ........................................................................... 50 109 271 375 606 

Hyundai ........................................................................ 747 877 1,057 1,052 1,124 

Kia ................................................................................ 49 128 197 261 369 

Mazda .......................................................................... 555 718 1,166 1,407 1,427 

Mitsubishi ..................................................................... 534 507 2,534 3,213 3,141 

Nissan .......................................................................... 294 491 965 1,064 1,125 

Porsche ........................................................................ 68 (52 ) (51 ) (50 ) (49 ) 

Subaru .......................................................................... 292 324 1,372 1,723 1,679 

Suzuki .......................................................................... ........................ 959 1,267 1,316 1,540 

Tata .............................................................................. 111 93 183 306 710 

Toyota .......................................................................... 31 29 52 129 212 

Volkswagen .................................................................. 145 428 477 492 783 

Average ................................................................. 337 540 726 886 1,053 

TABLE IV.F–4—AVERAGE INCREMENTAL COSTS ($/VEHICLE) UNDER THE 5%/Y ALTERNATIVE CAFE STANDARDS FOR

LIGHT TRUCKS

Manufacturer MY 2012 MY 2013 MY 2014 MY 2015 MY 2016 

BMW ............................................................................ 169 160 201 453 868 

Chrysler ........................................................................ 360 559 1,120 1,216 1,432 

Daimler ......................................................................... 60 55 51 52 51 

Ford .............................................................................. 1,207 1,663 1,882 2,258 2,225 

General Motors ............................................................ 292 628 866 968 1,136 

Honda ........................................................................... 258 234 611 750 1,047 

Hyundai ........................................................................ 711 685 1,923 1,909 1,862 

Kia ................................................................................ 47 293 556 782 1,157 

Mazda .......................................................................... 248 408 419 519 768 

Mitsubishi ..................................................................... ........................ .......................... 1,037 1,189 1,556 

Nissan .......................................................................... 613 723 2,142 2,148 2,315 

Porsche ........................................................................ ........................ (0 ) (1 ) 469 469 

Subaru .......................................................................... 1,225 1,220 1,365 1,374 1,330 

Suzuki .......................................................................... ........................ 1,998 1,895 1,837 2,096

mstockstill on DSKB9S0YB1PROD with RULES2

25632 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 

708Although the final standards are projected to 

be slightly more costly than the 5% alternative in 

MY 2012, that alternative standard becomes 

progressively more costly than the final standards 

in the remaining model years. See Figures IV.F.8 

through IV.F.10 above. Moreover, as discussed 

above, after MY 2012, the 5% alternative standard 

yields less incremental fuel economy benefits at 

increased cost (both industry-wide and per vehicle), 

directionally the less desirable result. These 

increased costs incurred to increase fuel economy 

through MY 2016 would impose significantly 

increased economic burden on the manufacturers in 

the next few calendar years to prepare for these 

future model years. In weighing the statutory 

factors, NHTSA accordingly rejected this alternative 

in favor of the final standard. 

TABLE IV.F–4—AVERAGE INCREMENTAL COSTS ($/VEHICLE) UNDER THE 5%/Y ALTERNATIVE CAFE STANDARDS FOR

LIGHT TRUCKS—Continued 

Manufacturer MY 2012 MY 2013 MY 2014 MY 2015 MY 2016 

Tata .............................................................................. ........................ .......................... .......................... .......................... 503 

Toyota .......................................................................... 63 187 594 734 991 

Volkswagen .................................................................. ........................ .......................... 514 458 441 

Average ................................................................. 415 628 1,026 1,173 1,343 

TABLE IV.F–5—AVERAGE INCREMENTAL COSTS ($/VEHICLE) UNDER THE 5%/Y ALTERNATIVE CAFE STANDARDS FOR

PASSENGER CARS AND LIGHT TRUCKS COMBINED

Manufacturer MY 2012 MY 2013 MY 2014 MY 2015 MY 2016 

BMW ............................................................................ 72 64 84 265 666 

Chrysler ........................................................................ 499 870 1,272 1,414 1,569 

Daimler ......................................................................... 20 20 281 554 773 

Ford .............................................................................. 914 1,407 1,498 1,838 2,034 

General Motors ............................................................ 371 726 1,033 1,205 1,379 

Honda ........................................................................... 135 157 396 518 769 

Hyundai ........................................................................ 742 838 1,237 1,186 1,235 

Kia ................................................................................ 49 168 273 355 506 

Mazda .......................................................................... 500 667 1,053 1,272 1,330 

Mitsubishi ..................................................................... 371 352 1,973 2,386 2,506 

Nissan .......................................................................... 399 565 1,344 1,387 1,467 

Porsche ........................................................................ 52 (39 ) (35 ) 130 124 

Subaru .......................................................................... 617 628 1,369 1,597 1,553 

Suzuki .......................................................................... ........................ 1,134 1,381 1,404 1,630

Tata .............................................................................. 61 56 101 182 629 

Toyota .......................................................................... 43 82 239 333 466 

Volkswagen .................................................................. 117 333 486 486 723 

Average ................................................................. 367 573 836 987 1,152 

These cost increases derive from 

increased application of advanced 

technologies as stringency increases 

past the levels in the final standards. 

For example, under the final standards, 

additional diesel application rates 

average 1.6% for the industry and range 

from 0% to 3% among Chrysler, Ford, 

GM, Honda, Nissan, and Toyota. Under 

standards increasing in combined 

stringency at 5% annually, these rates 

more than triple, averaging 6.2% for the 

industry and ranging from 0% to 21% 

for the same six manufacturers. 

These technology and cost increases 

are significant, given the amount of 

lead-time between now and model years 

2012–2016. In order to achieve the 

levels of technology penetration for the 

final standards, the industry needs to 

invest significant capital and product 

development resources right away, in 

particular for the 2012 and 2013 model 

year, which is only 2–3 years from now. 

For the 2014–2016 time frame, 

significant product development and 

capital investments will need to occur 

over the next 2–3 year in order to be 

ready for launching these new products 

for those model years. Thus a major part 

of the required capital and resource 

investment will need to occur now and 

over the next few years, under the final 

standards. NHTSA believes that the 

final rule requires significant 

investment and product development 

costs for the industry, focused on the 

next few years. 

It is important to note, and as 

discussed later in this preamble, as well 

as in the Joint Technical Support 

Document and the agency’s Regulatory 

Impact Analysis, the average model year 

2016 per-vehicle cost increase of more 

than $900 includes an estimate of both 

the increase in capital investments by 

the auto companies and the suppliers as 

well as the increase in product 

development costs. These costs can be 

significant, especially as they must 

occur over the next 2–3 years. Both the 

domestic and transplant auto firms, as 

well as the domestic and world-wide 

automotive supplier base, are 

experiencing one of the most difficult 

markets in the U.S. and internationally 

that has been seen in the past 30 years. 

One major impact of the global 

downturn in the automotive industry 

and certainly in the U.S. is the 

significant reduction in product 

development engineers and staffs, as 

well as a tightening of the credit markets 

which allow auto firms and suppliers to 

make the near-term capital investments 

necessary to bring new technology into 

production. 

The agency concludes that the levels 

of technology penetration required by 

the final standards are reasonable. 

Increasing the standards beyond those 

levels would lead to rapidly increasing 

dependence on advanced technologies 

with higher costs—technology that, 

though perhaps technologically feasible 

for individual vehicle models, would, at 

the scales involved, pose too great an 

economic burden given the state of the 

industry, particularly in the early years 

of the rulemaking time frame.708

Therefore, the agency concluded that 

these more stringent alternatives would 

give insufficient weight to economic 

practicability and related lead time 

mstockstill on DSKB9S0YB1PROD with RULES2

Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 25633 

709 Generally speaking, the cumulative benefits 

(in terms of fuel savings and GHG reductions) of 

front-loaded standards will be greater than 

standards that increase linearly. 

710This is not to say that NHTSA means, in any 

way, to deter manufacturers from employing A/C 

technologies to meet EPA’s standards, but simply to 

say that NHTSA’s independent obligation to set 

maximum feasible CAFE standards to be met 

through application of tailpipe technologies alone 

must be fulfilled, while recognizing the flexibilities 

offered in another regulatory program. 

concerns, given the current state of the 

industry and the rate of increase in 

stringency that would be required. 

Overall, the agency concluded that 

among the alternatives considered by 

the agency, the proposed alternative 

contained the maximum feasible CAFE 

standards for MYs 2012–2016 as they 

were the most appropriate balance of 

the various statutory factors. 

Some commenters argued that the 

agency should select a more stringent 

alternative than that proposed in the 

NPRM. The Union of Concerned 

Scientists (UCS) commented that 

NHTSA should set standards to produce 

the ‘‘maximum environmental benefit’’ 

available at ‘‘reasonable’’ cost, and at 

least at the stringency maximizing net 

benefits. Students from the University of 

California at Santa Barbara commented 

that the agency should have based 

standards not just on technologies 

known to be available, but also on 

technologies that may be available in 

the future—and should do so in order to 

force manufacturers to ‘‘reach’’ to greater 

levels of performance. Also, the Center 

for Biological Diversity (CBD) 

commented that, having conducted an 

unbiased cost-benefit analysis showing 

benefits three times the magnitude of 

costs for the proposed alternative, the 

agency should select a more stringent 

alternative. CBD also argued that the 

agency should have evaluated the extent 

to which manufacturers could deploy 

technology more rapidly than suggested 

by a five-year redesign cycle. 

Conversely, other commenters argued 

that NHTSA should select a less 

stringent alternative, either in all model 

years or at least in the earlier model 

years. Chrysler, VW, and the Alliance of 

Automobile Manufacturers commented 

that the stringency of NHTSA’s CAFE 

standards should be further reduced 

relative to that of EPA’s GHG emissions 

standards, so that manufacturers would 

not be required by CAFE to add any 

tailpipe technology beyond what they 

thought would be necessary to meet an 

mpg level of 35.5 minus the maximum 

possible A/C credits that could be 

obtained under the EPA program. Also, 

Chrysler, Daimler, Toyota, Volkswagen, 

and the Alliance argued that the agency 

should reduce the rate of increase in 

stringency to produce steadier and more 

‘‘linear’’ increases between MY 2011 and 

MY 2016. In addition, the Heritage 

Foundation commented that the 

proposed standards would, in effect, 

force accelerated progress toward EISA’s 

‘‘35 mpg by 2020’’ requirement, causing 

financially-stressed manufacturers to 

incur undue costs that would be passed 

along to consumers. 

However, most commenters 

supported the agency’s selection of the 

proposed standards. The American 

Chemical Society, the New York 

Department of Environmental 

Conservation, the Washington State 

Department of Ecology, and several 

individuals all expressed general 

support for the levels of stringency 

proposed by NHTSA as part of the joint 

proposal. General Motors and Nissan 

both indicated that the proposed 

standards are consistent with the 

National Program announced by the 

President and supported in letters of 

commitment signed by these companies’ 

executives. Finally, the California Air 

Resources Board (CARB) strongly 

supported the stringency of the 

proposed standards, as well as the 

agencies’ underlying technical analysis 

and weighing of statutory factors. CARB 

further commented that the stringency 

increases in the earlier model years are 

essential to providing environmental 

benefits at least as great as would be 

achieved through state-level 

enforcement of CARB’s GHG emissions 

standards.709

The agency has considered these 

comments and all others, and having 

considered those comments, believes 

the final standards best balance all 

relevant factors that the agency 

considers when determining maximum 

feasible CAFE standards. As discussed 

below, having updated inputs to its 

analysis and correspondingly updated 

its definition and analysis of these 

regulatory alternatives, the agency 

continues to conclude that 

manufacturers can respond to the 

proposed standards with technologies 

that will be available at reasonable cost. 

The agency finds that alternatives less 

stringent that the one adopted today 

would leave too much technology ‘‘on 

the shelf’’ unnecessarily, thereby failing 

to deliver the fuel savings that the 

nation needs or to yield environmental 

benefits necessary to support a 

harmonized national program. In 

response to some manufacturers’ 

suggestion that NHTSA’s CAFE 

standards should be made even less 

stringent compared to EPA’s GHG 

emissions standards, NHTSA notes that 

the difference, consistent with the 

underlying Notice of Intent, is based on 

the agencies’ estimate of the average 

amount of air conditioning credit 

earned, not the maximum theoretically 

available, and that NHTSA’s analysis 

indicates that most manufacturers can 

achieve the CAFE standards by MY 

2016 using tailpipe technologies. This is 

fully consistent with the agency’s 

historical position. As NHTSA 

explained in the NPRM, the Conference 

Report for EPCA, as enacted in 1975, 

makes clear, and applicable law affirms, 

‘‘a determination of maximum feasible 

average fuel economy should not be 

keyed to the single manufacturer which 

might have the most difficulty achieving 

a given level of average fuel economy.’’ 

CEI–I, 793 F.2d 1322, 1352 (DC Cir. 

1986). Instead, NHTSA is compelled ‘‘to 

weigh the benefits to the nation of a 

higher fuel economy standard against 

the difficulties of individual automobile 

manufacturers.’’ Id. Thus, the law 

permits CAFE standards exceeding the 

projected capability of any particular 

manufacturer as long as the standard is 

economically practicable for the 

industry as a whole. 

While some manufacturers may find 

greater A/C improvements to be a more 

cost-effective way of meeting the GHG 

standards, that does not mean those 

manufacturers will be unable to meet 

the CAFE standards with tailpipe 

technologies. NHTSA’s analysis has 

demonstrated a feasible path to 

compliance with the CAFE standards for 

most manufacturers using those 

technologies. ‘‘Economic practicability’’ 

means just that, practicability, and need 

not always mean what is ‘‘cheapest’’ or 

‘‘most cost-effective’’ for a specific 

manufacturer. Moreover, many of the 

A/C improvements on which 

manufacturers intend to rely for meeting 

the GHG standards will reduce GHG 

emissions, specifically HFC emissions, 

but they will not lead to greater fuel 

savings.710 The core purpose of the 

CAFE standards under EPCA is to 

reduce fuel consumption. NHTSA 

believes that less stringent standards 

would allow tailpipe fuel economy 

technologies to be left on the table that 

can be feasibly and economically 

applied, and failing to apply them 

would lead to a loss in fuel savings. 

This would not place appropriate 

emphasis on the core CAFE purpose of 

conserving fuel. For this reason, we 

decline to reduce the stringency of our 

standards as requested by some 

manufacturers. Similarly, we decline to 

pursue with EPA in this rulemaking the 

suggestion by one commenter that that 

mstockstill on DSKB9S0YB1PROD with RULES2

25634 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 

agency’s calculation authority under 

EPCA be used to provide A/C credits. 

With respect to some manufacturers’ 

concerns regarding the increase in 

stringency through MY 2013, the agency 

notes that stringency increases in these 

model years are especially important in 

terms of the accumulation of fuel 

savings and emission reductions over 

time. In addition, a weakening would 

risk failing to produce emission 

reductions at least as great as might be 

achieved through CARB’s GHG 

standards. Therefore, the agency 

believes that alternatives less stringent 

than the one adopted today would not 

give sufficient emphasis to the nation’s 

need to conserve energy. The 

requirement to set standards that 

increase ratably between MYs 2011 and 

2020 must also be considered in the 

context of what levels of standards 

would be maximum feasible. The 

agency believes that the rate of increase 

of the final standards is reasonable. 

On the other hand, the agency 

disagrees with comments by UCS, CBD, 

and others indicating that more 

stringent standards would be 

appropriate. As discussed above, 

alternatives more stringent than the one 

adopted today would entail a rapidly 

increasing dependence on the most 

expensive technologies and those which 

are technically more demanding to 

implement, with commensurately rapid 

increases in costs. In the agency’s 

considered judgment, these alternatives 

are not economically practicable, nor do 

they provide correspondingly sufficient 

lead time. The agency also disagrees 

with CBD’s assertion that NHTSA and 

EPA have been overly conservative in 

assuming an average redesign cycle of 5 

years. There are some manufacturers 

who apply longer cycles (such as 

smaller manufacturers described above), 

there are others who have shorter cycles 

for some of their products, and there are 

some products (e.g., cargo vans) that 

tend to be redesigned on longer cycles. 

NHTSA believes that there are no full 

line manufacturers who can maintain 

significant redesigns of vehicles (with 

relative large sales) in 1 or 2 years, and 

CBD has provided no evidence 

indicating this would be practicable. A 

complete redesign of the entire U.S. 

light-duty fleet by model year 2012 is 

clearly infeasible, and NHTSA and EPA 

believe that several model years 

additional lead time is necessary in 

order for the manufacturers to meet the 

most stringent standards. The graduated 

increase in the stringency of the 

standards from MYs 2012 through 2016 

accounts for the economic necessity of 

timing the application of many major 

technologies to coincide with scheduled 

model redesigns. 

In contrast, through analysis of the 

illustrative results shown above, as well 

as the more complete and detailed 

results presented in the accompanying 

FRIA, NHTSA has concluded that the 

final standards are technologically 

feasible and economically practicable. 

The final standards will require 

manufacturers to apply considerable 

additional technology, starting with 

very significant investment in 

technology design, development and 

capital investment called for in the next 

few years. Although NHTSA cannot 

predict how manufacturers will respond 

to the final standards, the agency’s 

analysis indicates that the standards 

could lead to significantly greater use of 

advanced engine and transmission 

technologies. As shown above, the 

agency’s analysis shows considerable 

increases in the application of SGDI 

systems and engine turbocharging and 

downsizing. Though not presented 

above, the agency’s analysis also shows 

similarly large increases in the use of 

dual-clutch automated manual 

transmissions (AMTs). However, the 

agency’s analysis does not suggest that 

the additional application of these 

technologies in response to the final 

standards would extend beyond levels 

achievable by the industry. These 

technologies are likely to be applied to 

at least some extent even in the absence 

of new CAFE standards. In addition, the 

agency’s analysis indicates that most 

manufacturers would rely only to a 

limited extent on the most costly 

technologies, such as diesel engines and 

advanced technologies, such as strong 

HEVs. 

As shown below, NHTSA estimates 

that the final standards could lead to 

average incremental costs ranging from 

$303 per vehicle (for light trucks in MY 

2012) to $947 per vehicle (for light 

trucks in MY 2016), increasing steadily 

from $396 per vehicle for all light 

vehicles in MY 2012 to $903 for all light 

vehicle in MY 2016. NHTSA estimates 

that these costs would vary considerably 

among manufacturers, but would rarely 

exceed $1,800 per vehicle. The 

following three tables summarize 

estimated manufacturer-level average 

incremental costs for the final standards 

and the average of the passenger and 

light truck fleets: 

TABLE IV.F–6—AVERAGE INCREMENTAL COSTS ($/VEHICLE) UNDER FINAL PASSENGER CAR CAFE STANDARDS

Manufacturer MY 2012 MY 2013 MY 2014 MY 2015 MY 2016 

BMW ............................................................................ 3 4 24 184 585 

Chrysler ........................................................................ 734 1,043 1,129 1,270 1,358 

Daimler ......................................................................... ........................ .......................... 410 801 1,109 

Ford .............................................................................. 1,619 1,537 1,533 1,713 1,884 

General Motors ............................................................ 448 896 1,127 1,302 1,323 

Honda ........................................................................... 33 98 205 273 456 

Hyundai ........................................................................ 559 591 768 744 838 

Kia ................................................................................ 110 144 177 235 277 

Mazda .......................................................................... 555 656 799 854 923 

Mitsubishi ..................................................................... 534 460 1,588 1,875 1,831 

Nissan .......................................................................... 119 323 707 723 832 

Porsche ........................................................................ 68 (52 ) (51 ) (50 ) (49 ) 

Subaru .......................................................................... 292 324 988 1,385 1,361 

Suzuki .......................................................................... ........................ 625 779 794 1,005 

Tata .............................................................................. 111 93 183 306 710 

Toyota .......................................................................... 31 29 41 121 126 

Volkswagen .................................................................. 145 428 477 492 783 

Average ................................................................. 455 552 670 774 880 

mstockstill on DSKB9S0YB1PROD with RULES2

Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 25635 

711See Section IV.G.7 below. 

TABLE IV.F–7—AVERAGE INCREMENTAL COSTS ($/VEHICLE) UNDER FINAL LIGHT TRUCK CAFE STANDARDS

Manufacturer MY 2012 MY 2013 MY 2014 MY 2015 MY 2016 

BMW ............................................................................ 252 239 277 281 701 

Chrysler ........................................................................ 360 527 876 931 1,170 

Daimler ......................................................................... 60 51 51 52 51 

Ford .............................................................................. 465 633 673 1,074 1,174 

General Motors ............................................................ 292 513 749 807 986 

Honda ........................................................................... 233 217 370 457 806 

Hyundai ........................................................................ 693 630 1,148 1,136 1,113 

Kia ................................................................................ 400 467 582 780 1,137 

Mazda .......................................................................... 144 241 250 354 480 

Mitsubishi ..................................................................... ........................ .......................... 553 686 1,371 

Nissan .......................................................................... 398 489 970 1,026 1,362 

Porsche ........................................................................ ........................ (1 ) (1 ) 469 469 

Subaru .......................................................................... 1,036 995 1,016 1,060 1,049 

Suzuki .......................................................................... ........................ 1,797 1,744 1,689 1,732

Tata .............................................................................. ........................ .......................... .......................... .......................... 503 

Toyota .......................................................................... 130 150 384 499 713 

Volkswagen .................................................................. ........................ .......................... 514 458 441 

Average ................................................................. 303 411 615 741 947 

TABLE IV.F–8—AVERAGE INCREMENTAL COSTS ($/VEHICLE) UNDER FINAL CAFE STANDARDS

Manufacturer MY 2012 MY 2013 MY 2014 MY 2015 MY 2016 

BMW ............................................................................ 106 94 110 213 618 

Chrysler ........................................................................ 499 743 989 1,084 1,257 

Daimler ......................................................................... 20 18 281 554 773 

Ford .............................................................................. 1,195 1,187 1,205 1,472 1,622 

General Motors ............................................................ 371 705 946 1,064 1,165 

Honda ........................................................................... 116 144 266 343 585 

Hyundai ........................................................................ 577 599 847 805 879 

Kia ................................................................................ 176 221 263 334 426 

Mazda .......................................................................... 482 587 716 778 858 

Mitsubishi ..................................................................... 371 319 1,200 1,389 1,647 

Nissan .......................................................................... 211 376 792 813 984 

Porsche ........................................................................ 52 (39 ) (35 ) 130 124 

Subaru .......................................................................... 551 552 998 1,267 1,248 

Suzuki .......................................................................... ........................ 823 954 946 1,123 

Tata .............................................................................. 61 56 101 182 629 

Toyota .......................................................................... 67 70 159 248 317 

Volkswagen .................................................................. 117 333 486 486 723 

Average ................................................................. 396 498 650 762 903 

In summary, NHTSA has considered 

eight regulatory alternatives, including 

the final standards, examining 

technologies that could be applied in 

response to each alternative, as well as 

corresponding costs, effects, and 

benefits. The agency has concluded that 

alternatives less stringent than the final 

standards would not produce the fuel 

savings and CO2 reductions necessary at 

this time to achieve either the 

overarching purpose of EPCA, i.e., 

energy conservation, or an important 

part of the regulatory harmonization 

underpinning the National Program, and 

would forego these benefits even though 

there is adequate lead time to 

implement reasonable and feasible 

technology for the vehicles. Conversely, 

the agency has concluded that more 

stringent standards would involve levels 

of additional technology and cost that 

would be economically impracticable 

and, correspondingly, would provide 

inadequate lead time, considering the 

economic state of the automotive 

industry, would not be economically 

practicable. Therefore, having 

considered these eight regulatory 

alternatives, and the statutorily-relevant 

factors of technological feasibility, 

economic practicability, the effect of 

other motor vehicle standards of the 

Government on fuel economy, and the 

need of the United States to conserve 

energy, along with other relevant factors 

such as the safety impacts of the final 

standards,711 NHTSA concludes that the 

final standards represent a reasonable 

balancing of all of these concerns, and 

are the maximum feasible average fuel 

economy levels that the manufacturers 

can achieve in MYs 2012–2016. 

G. Impacts of the Final CAFE Standards 

1. How will these standards improve 

fuel economy and reduce GHG 

emissions for MY 2012–2016 vehicles? 

As discussed above, the CAFE level 

required under an attribute-based 

standard depends on the mix of vehicles 

produced for sale in the U.S. Based on 

the market forecast that NHTSA and 

EPA have used to develop and analyze 

new CAFE and CO2 emissions 

standards, NHTSA estimates that the 

new CAFE standards will require CAFE 

levels to increase by an average of 4.3 

percent annually through MY 2016, 

reaching a combined average fuel 

mstockstill on DSKB9S0YB1PROD with RULES2

25636 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 

712 In NHTSA’s analysis, ‘‘undercompliance’’ is 

mitigated either through use of FFV credits, use of 

existing or ‘‘banked’’ credits, or through fine 

payment. Because NHTSA cannot consider 

availability of credits in setting standards, the 

estimated achieved CAFE levels presented here do 

not account for their use. In contrast, because 

NHTSA is not prohibited from considering fine 

payment, the estimated achieved CAFE levels 

presented here include the assumption that BMW, 

Daimler (i.e., Mercedes), Porsche, and, Tata (i.e., 

Jaguar and Rover) will only apply technology up to 

the point that it would be less expensive to pay 

civil penalties. 

713 In NHTSA’s analysis, ‘‘overcompliance’’ occurs 

through multi-year planning: manufacturers apply 

some ‘‘extra’’ technology in early model years (e.g., 

MY 2014) in order to carry that technology forward 

and thereby facilitate compliance in later model 

years (e.g., MY 2016). 

714Consistent with EPCA, NHTSA has not 

accounted for manufacturers’ ability to earn CAFE 

credits for selling FFVs, carry credits forward and 

back between model years, and transfer credits 

between the passenger car and light truck fleets. 

economy requirement of 34.1 mpg in 

that model year: 

TABLE IV.G.1–1—ESTIMATED AVERAGE REQUIRED FUEL ECONOMY (mpg) UNDER FINAL STANDARDS

Model year 2012 2013 2014 2015 2016 

Passenger Cars ........................................................... 33.3 34.2 34.9 36.2 37.8 

Light Trucks ................................................................. 25.4 26.0 26.6 27.5 28.8 

Combined .............................................................. 29.7 30.5 31.3 32.6 34.1 

NHTSA estimates that average 

achieved fuel economy levels will 

correspondingly increase through MY 

2016, but that manufacturers will, on 

average, undercomply 712 in some model 

years and overcomply 713 in others, 

reaching a combined average fuel 

economy of 33.7 mpg in MY 2016: 714

TABLE IV.G.1–2—ESTIMATED AVERAGE ACHIEVED FUEL ECONOMY (mpg) UNDER FINAL STANDARDS

Model year 2012 2013 2014 2015 2016 

Passenger Cars ........................................................... 32.8 34.4 35.3 36.3 37.2 

Light Trucks ................................................................. 25.1 26.0 27.0 27.6 28.5 

Combined .............................................................. 29.3 30.6 31.7 32.6 33.7 

NHTSA estimates that these fuel 

economy increases will lead to fuel 

savings totaling 61 billion gallons 

during the useful lives of vehicles 

manufactured in MYs 2012–2016: 

TABLE IV.G.1–3—FUEL SAVED (BILLION GALLONS) UNDER FINAL STANDARDS

Model year 2012 2013 2014 2015 2016 Total 

Passenger Cars ....................................... 2.4 5.2 7.2 9.4 11.4 35.7 

Light Trucks ............................................. 1.8 3.7 5.3 6.5 8.1 25.4 

Combined .......................................... 4.2 8.9 12.5 16.0 19.5 61.0 

The agency also estimates that these 

new CAFE standards will lead to 

corresponding reductions of CO2

emissions totaling 655 million metric 

tons (mmt) during the useful lives of 

vehicles sold in MYs 2012–2016: 

TABLE IV.G.1–4—CARBON DIOXIDE EMISSIONS (mmt) AVOIDED UNDER FINAL STANDARDS

Model year 2012 2013 2014 2015 2016 Total 

Passenger Cars ....................................... 25 54 77 101 123 380 

Light Trucks ............................................. 19 40 57 71 88 275 

Combined .......................................... 44 94 134 172 210 655 

2. How will these standards improve 

fleet-wide fuel economy and reduce 

GHG emissions beyond MY 2016? 

Under the assumption that CAFE 

standards at least as stringent as those 

being finalized today for MY 2016 

would be established for subsequent 

model years, the effects of the final 

standards on fuel consumption and 

GHG emissions will continue to 

increase for many years. This will occur 

because over time, a growing fraction of 

the U.S. light-duty vehicle fleet will be 

comprised of cars and light trucks that 

meet the MY 2016 standard. The impact 

of the new standards on fuel use and 

GHG emissions will continue to grow 

through approximately 2050, when 

virtually all cars and light trucks in 

service will have met standards as 

stringent as those established for MY 

2016. 

As Table IV.G.2–1 shows, NHTSA 

estimates that the fuel economy 

mstockstill on DSKB9S0YB1PROD with RULES2

Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 25637 

715NHTSA Final Environmental Impact 

Statement: Corporate Average Fuel Economy 

Standards, Passenger Cars and Light Trucks, Model 

Years 2012–2016, February 2010, page 3–14. 

increases resulting from the final 

standards will lead to reductions in total 

fuel consumption by cars and light 

trucks of 10 billion gallons during 2020, 

increasing to 32 billion gallons by 2050. 

Over the period from 2012, when the 

final standards would begin to take 

effect, through 2050, cumulative fuel 

savings would total 729 billion gallons, 

as Table IV.G.2–1 also indicates. 

TABLE IV.G.2–1—REDUCTION IN FLEET-WIDE FUEL USE (BILLION GALLONS) UNDER FINAL STANDARDS

Calendar year 2020 2030 2040 2050 Total, 

2012–2050 

Passenger Cars ................................................................... 6 13 17 21 469 

Light Trucks ......................................................................... 4 7 9 11 260 

Combined ...................................................................... 10 20 26 32 729 

The energy security analysis 

conducted for this rule estimates that 

the world price of oil will fall modestly 

in response to lower U.S. demand for 

refined fuel. One potential result of this 

decline in the world price of oil would 

be an increase in the consumption of 

petroleum products outside the U.S., 

which would in turn lead to a modest 

increase in emissions of greenhouse 

gases, criteria air pollutants, and 

airborne toxics from their refining and 

use. While additional information 

would be needed to analyze this 

‘‘leakage effect’’ in detail, NHTSA 

provides a sample estimate of its 

potential magnitude in its Final EIS.715

This analysis indicates that the leakage 

effect is likely to offset only a modest 

fraction of the reductions in emissions 

projected to result from the rule. 

As a consequence of these reductions 

in fleet-wide fuel consumption, the 

agency also estimates that the new 

CAFE standards for MYs 2012–2016 

will lead to corresponding reductions in 

CO2 emissions from the U.S. light-duty 

vehicle fleet. Specifically, NHTSA 

estimates that total annual CO2

emissions associated with passenger car 

and light truck use in the U.S. use will 

decline by 116 million metric tons 

(mmt) in 2020 as a consequence of the 

new standards, as Table IV.G.2–2 

reports. The table also shows that the 

this annual reduction is estimated to 

grow to nearly 400 million metric tons 

by the year 2050, and will total nearly 

9 billion metric tons over the period 

from 2012, when the final standards 

would take effect, through 2050. 

TABLE IV.G.2–2—REDUCTION IN FLEET-WIDE CARBON DIOXIDE EMISSIONS (mmt) FROM PASSENGER CAR AND LIGHT

TRUCK USE UNDER FINAL STANDARDS

Calendar year 2020 2030 2040 2050 Total, 

2012–2050 

Passenger Cars ................................................................... 69 153 205 255 5,607 

Light Trucks ......................................................................... 49 89 112 136 3,208 

Combined ...................................................................... 117 242 316 391 8,815 

These reductions in fleet-wide CO2

emissions, together with corresponding 

reductions in other GHG emissions from 

fuel production and use, would lead to 

small but significant reductions in 

projected changes in the future global 

climate. These changes, based on 

analysis documented in the final 

Environmental Impact Statement (EIS) 

that informed the agency’s decisions 

regarding this rule, are summarized in 

Table IV.G.2–3 below. 

TABLE IV.G.2–3—EFFECTS OF REDUCTIONS IN FLEET-WIDE CARBON DIOXIDE EMISSIONS (mmt) ON PROJECTED

CHANGES IN GLOBAL CLIMATE

Measure Units Date 

Projected change in measure 

No action With proposed 

standards Difference 

Atmospheric CO2 Concentration .................. ppm ....................................... 2100 783.0 780.3 ¥2.7 

Increase in Global Mean Surface Temperature.°C .......................................... 2100 3.136 3.125 ¥0.011 

Sea Level Rise ............................................. cm ......................................... 2100 38.00 37.91 ¥0.09 

Global Mean Precipitation ............................ % change from 1980–1999 

avg.

2090 4.59% 4.57% ¥0.02% 

mstockstill on DSKB9S0YB1PROD with RULES2

25638 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 

716As stated elsewhere, while the agency’s 

analysis assumes that all changes in upstream 

emissions result from a decrease in petroleum 

production and transport, the analysis of non-GHG 

emissions in future calendar years also assumes that 

retail gasoline composition is unaffected by this 

rule; as a result, the impacts of this rule on 

downstream non-GHG emissions (more specifically, 

on air toxics) may be underestimated. See also 

Section III.G above for more information. 

3. How will these final standards impact 

non-GHG emissions and their associated 

effects? 

Under the assumption that CAFE 

standards at least as stringent as those 

proposed for MY 2016 would be 

established for subsequent model years, 

the effects of the new standards on air 

quality and its associated health effects 

will continue to be felt over the 

foreseeable future. This will occur 

because over time a growing fraction of 

the U.S. light-duty vehicle fleet will be 

comprised of cars and light trucks that 

meet the MY 2016 standard, and this 

growth will continue until 

approximately 2050. 

Increases in the fuel economy of lightduty vehicles required by the new CAFE 

standards will cause a slight increase in 

the number of miles they are driven, 

through the fuel economy ‘‘rebound 

effect.’’ In turn, this increase in vehicle 

use will lead to increases in emissions 

of criteria air pollutants and some 

airborne toxics, since these are products 

of the number of miles vehicles are 

driven. 

At the same time, however, the 

projected reductions in fuel production 

and use reported in Table IV.G.2–1 

above will lead to corresponding 

reductions in emissions of these 

pollutants that occur during fuel 

production and distribution (‘‘upstream’’ 

emissions). For most of these pollutants, 

the reduction in upstream emissions 

resulting from lower fuel production 

and distribution will outweigh the 

increase in emissions from vehicle use, 

resulting in a net decline in their total 

emissions.716

Tables IV.G.3–1a and 3–1b report 

estimated reductions in emissions of 

selected criteria air pollutants (or their 

chemical precursors) and airborne 

toxics expected to result from the final 

standards during calendar year 2030. By 

that date, the majority of light-duty 

vehicles in use will have met the MY 

2016 CAFE standards, so these 

reductions provide a useful index of the 

long-term impact of the final standards 

on air pollution and its consequences 

for human health. 

TABLE IV.G.3–1a—PROJECTED CHANGES IN EMISSIONS OF CRITERIA AIR POLLUTANTS FROM CAR AND LIGHT TRUCK

USE

[Calendar year 2030; tons] 

Vehicle class Source of emissions 

Criteria air pollutant 

Nitrogen 

oxides 

(NOX) 

Particulate 

matter 

(PM2.5) 

Sulfur oxides 

(SOX) 

Volatile organic compounds 

(VOC) 

Passenger Cars ................................ Vehicle use ....................................... 2,718 465 ¥2,442 2,523 

Fuel production and distribution ....... ¥20,970 ¥2,831 ¥12,698 ¥75,342 

All sources ........................................ ¥18,252 ¥2,366 ¥15,140 ¥72,820 

Light Trucks ...................................... Vehicle use ....................................... 3,544 176 ¥1,420 1,586 

Fuel production and distribution ....... ¥12,252 ¥1,655 ¥7,424 ¥43,763 

All sources ........................................ ¥8,707 ¥1,479 ¥8,845 ¥42,177 

Total ........................................... Vehicle use ....................................... 6,263 642 ¥3,862 4,108 

Fuel production and distribution ....... ¥33,222 ¥4,487 ¥20,122 ¥119,106 

All sources ........................................ ¥26,959 ¥3,845 ¥23,984 ¥114,997 

TABLE IV.G.3–1b—PROJECTED CHANGES IN EMISSIONS OF AIRBORNE TOXICS FROM CAR AND LIGHT TRUCK USE

[Calendar year 2030; tons] 

Vehicle class Source of emissions 

Toxic air pollutant 

Benzene 1,3-Butadiene Formaldehyde 

Passenger Cars .............................................. Vehicle use ..................................................... 72 18 59 

Fuel production and distribution ..................... ¥161 ¥2 ¥58 

All sources ...................................................... ¥89 16 1 

Light Trucks .................................................... Vehicle use ..................................................... 38 10 65 

Fuel production and distribution ..................... ¥94 ¥1 ¥34 

All sources ...................................................... ¥55 9 32 

Total ......................................................... Vehicle use ..................................................... 111 28 124 

Fuel production and distribution ..................... ¥254 ¥3 ¥91 

All sources ...................................................... ¥144 25 33 

Note: Positive values indicate increases in emissions; negative values indicate reductions. 

In turn, the reductions in emissions 

reported in Tables IV.G.3–1a and 3–1b 

are projected to result in significant 

declines in the health effects that result 

from population exposure to these 

pollutants. Table IV.G.3–2 reports the 

estimated reductions in selected PM2.5- 

related human health impacts that are 

expected to result from reduced 

mstockstill on DSKB9S0YB1PROD with RULES2

Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 25639 

population exposure to unhealthful 

atmospheric concentrations of PM2.5. 

The estimates reported in Table IV.G.3– 

2, based on analysis documented in the 

final Environmental Impact Statement 

(EIS) that informed the agency’s 

decisions regarding this rule, are 

derived from PM2.5-related dollar-perton estimates that include only 

quantifiable reductions in health 

impacts likely to result from reduced 

population exposure to particular matter 

(PM). They do not include all health 

impacts related to reduced exposure to 

PM, nor do they include any reductions 

in health impacts resulting from lower 

population exposure to other criteria air 

pollutants (particularly ozone) and air 

toxics. However, emissions changes and 

dollar-per-ton estimates alone are not 

necessarily a good indication of local or 

regional air quality and health impacts, 

as there may be localized impacts 

associated with this rulemaking, 

because the atmospheric chemistry 

related to ambient concentrations of 

PM2.5, ozone, and air toxics is very 

complex. Full-scale photochemical 

modeling provides the necessary spatial 

and temporal detail to more completely 

and accurately estimate the changes in 

ambient levels of these pollutants and 

their associated health and welfare 

impacts. Although EPA conducted such 

modeling for purposes of the final rule, 

it was not available in time to be 

included in NHTSA’s FEIS. See Section 

III.G above for EPA’s description of the 

full-scale air quality modeling it 

conducted for the 2030 calendar year in 

an effort to capture this variability. 

TABLE IV.G.3–2—PROJECTED REDUCTIONS IN HEALTH IMPACTS OF EXPOSURE TO CRITERIA AIR POLLUTANTS FROM

FINAL STANDARDS

[Calendar year 2030] 

Health impact Measure 

Projected 

reduction 

(2030) 

Mortality (ages 30 and older) .................................................... premature deaths per year ...................................................... 243 to 623. 

Chronic Bronchitis ...................................................................... cases per year ......................................................................... 160. 

Emergency Room Visits for Asthma ......................................... number per year ....................................................................... 222. 

Work Loss .................................................................................. workdays per year .................................................................... 28,705. 

4. What are the estimated costs and 

benefits of these final standards? 

NHTSA estimates that the final 

standards could entail significant 

additional technology beyond the levels 

reflected in the baseline market forecast 

used by NHTSA. This additional 

technology will lead to increases in 

costs to manufacturers and vehicle 

buyers, as well as fuel savings to vehicle 

buyers. The following three tables 

summarize the extent to which the 

agency estimates technologies could be 

added to the passenger car, light truck, 

and overall fleets in each model year in 

response to the proposed standards. 

Percentages reflect the technology’s 

additional application in the market, 

and are negative in cases where one 

technology is superseded (i.e., 

displaced) by another. For example, the 

agency estimates that many automatic 

transmissions used in light trucks could 

be displaced by dual clutch 

transmissions. 

TABLE IV.G.4–1—ADDITION OF TECHNOLOGIES TO PASSENGER CAR FLEET UNDER FINAL STANDARDS

Technology MY 2012 

(percent) 

MY 2013 

(percent) 

MY 2014 

(percent) 

MY 2015 

(percent) 

MY 2016 

(percent) 

Low Friction Lubricants ........................................................ 14 18 19 21 21 

Engine Friction Reduction .................................................... 15 37 41 43 52 

VVT—Coupled Cam Phasing (CCP) on SOHC .................. 2 3 3 5 7 

Discrete Variable Valve Lift (DVVL) on SOHC .................... 0 1 1 4 4 

Cylinder Deactivation on SOHC .......................................... 0 0 0 0 0 

VVT—Intake Cam Phasing (ICP) ........................................ 0 0 0 0 0 

VVT—Dual Cam Phasing (DCP) ......................................... 11 15 16 17 24 

Discrete Variable Valve Lift (DVVL) on DOHC ................... 9 19 22 23 29 

Continuously Variable Valve Lift (CVVL) ............................. 0 0 0 0 0 

Cylinder Deactivation on DOHC .......................................... 0 0 0 1 2 

Cylinder Deactivation on OHV ............................................. 0 1 1 1 1 

VVT—Coupled Cam Phasing (CCP) on OHV ..................... 0 1 2 2 2 

Discrete Variable Valve Lift (DVVL) on OHV ...................... 0 1 1 2 3 

Conversion to DOHC with DCP ........................................... 0 0 0 0 0 

Stoichiometric Gasoline Direct Injection (GDI) .................... 9 18 21 24 28 

Combustion Restart ............................................................. 0 0 1 4 9 

Turbocharging and Downsizing ........................................... 8 14 16 19 21 

Exhaust Gas Recirculation (EGR) Boost ............................. 0 8 10 13 17 

Conversion to Diesel following TRBDS ............................... 2 2 2 2 2 

Conversion to Diesel following CBRST ............................... 0 0 0 0 0 

6-Speed Manual/Improved Internals .................................... 1 1 1 1 1 

Improved Auto. Trans. Controls/Externals ........................... 0 3 4 1 ¥3 

Continuously Variable Transmission ................................... 0 0 0 0 0 

6/7/8-Speed Auto. Trans with Improved Internals ............... 0 0 1 1 2 

Dual Clutch or Automated Manual Transmission ................ 12 26 34 47 54 

Electric Power Steering ....................................................... 9 22 25 26 38 

Improved Accessories .......................................................... 18 25 27 31 41 

12V Micro-Hybrid ................................................................. 0 0 0 0 0 

Belt mounted Integrated Starter Generator ......................... 4 11 19 24 25 

mstockstill on DSKB9S0YB1PROD with RULES2

25640 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 

TABLE IV.G.4–1—ADDITION OF TECHNOLOGIES TO PASSENGER CAR FLEET UNDER FINAL STANDARDS—Continued 

Technology MY 2012 

(percent) 

MY 2013 

(percent) 

MY 2014 

(percent) 

MY 2015 

(percent) 

MY 2016 

(percent) 

Crank mounted Integrated Starter Generator ...................... 3 3 3 3 3 

Power Split Hybrid ............................................................... 2 2 2 2 2 

2-Mode Hybrid ..................................................................... 0 0 0 0 0 

Plug-in Hybrid ...................................................................... 0 0 0 0 0 

Mass Reduction (1.5) ........................................................... 18 26 32 39 46 

Mass Reduction (3.5 to 8.5) ................................................ 0 0 17 31 40 

Low Rolling Resistance Tires .............................................. 4 16 23 32 35 

Low Drag Brakes ................................................................. 2 3 4 4 6 

Secondary Axle Disconnect—Unibody ................................ 0 0 0 0 0 

Secondary Axle Disconnect—Ladder Frame ...................... 1 2 2 2 2 

Aero Drag Reduction ........................................................... 6 20 29 34 38 

TABLE IV.G.4–2—ADDITION OF TECHNOLOGIES TO LIGHT TRUCK FLEET UNDER FINAL STANDARDS

Technology MY 2012 

(percent) 

MY 2013 

(percent) 

MY 2014 

(percent) 

MY 2015 

(percent) 

MY 2016 

(percent) 

Low Friction Lubricants ........................................................ 18 20 22 23 23 

Engine Friction Reduction .................................................... 14 34 35 40 51 

VVT—Coupled Cam Phasing (CCP) on SOHC .................. 2 3 3 2 2 

Discrete Variable Valve Lift (DVVL) on SOHC .................... 1 2 2 2 3 

Cylinder Deactivation on SOHC .......................................... 6 6 6 6 5 

VVT—Intake Cam Phasing (ICP) ........................................ 0 0 0 1 1 

VVT—Dual Cam Phasing (DCP) ......................................... 6 8 13 13 17 

Discrete Variable Valve Lift (DVVL) on DOHC ................... 9 12 17 17 18 

Continuously Variable Valve Lift (CVVL) ............................. 0 0 0 0 0 

Cylinder Deactivation on DOHC .......................................... 1 1 1 1 0 

Cylinder Deactivation on OHV ............................................. 0 1 1 2 7 

VVT—Coupled Cam Phasing (CCP) on OHV ..................... 0 0 0 0 13 

Discrete Variable Valve Lift (DVVL) on OHV ...................... 0 13 14 19 19 

Conversion to DOHC with DCP ........................................... 0 0 0 0 0 

Stoichiometric Gasoline Direct Injection (GDI) .................... 12 17 23 24 31 

Combustion Restart ............................................................. 0 0 3 5 18 

Turbocharging and Downsizing ........................................... 3 6 10 10 14 

Exhaust Gas Recirculation (EGR) Boost ............................. 0 2 6 6 9 

Conversion to Diesel following TRBDS ............................... 1 1 1 1 1 

Conversion to Diesel following CBRST ............................... 0 0 0 0 0 

6-Speed Manual/Improved Internals .................................... 0 0 0 0 0 

Improved Auto. Trans. Controls/Externals ........................... 0 ¥11 ¥17 ¥28 ¥32 

Continuously Variable Transmission ................................... 0 0 0 0 0 

6/7/8-Speed Auto. Trans with Improved Internals ............... ¥2 ¥2 ¥2 ¥2 ¥1 

Dual Clutch or Automated Manual Transmission ................ 10 32 46 58 65 

Electric Power Steering ....................................................... 7 11 11 20 27 

Improved Accessories .......................................................... 7 9 10 15 23 

12V Micro-Hybrid ................................................................. 0 0 0 0 0 

Belt mounted Integrated Starter Generator ......................... 5 10 19 20 21 

Crank mounted Integrated Starter Generator ...................... 0 0 0 0 0 

Power Split Hybrid ............................................................... 1 1 1 1 1 

2-Mode Hybrid ..................................................................... 0 0 0 0 0 

Plug-in Hybrid ...................................................................... 0 0 0 0 0 

Mass Reduction (1.5) ........................................................... 4 5 21 35 48 

Mass Reduction (3.5 to 8.5) ................................................ 0 0 19 33 54 

Low Rolling Resistance Tires .............................................. 11 12 13 16 17 

Low Drag Brakes ................................................................. 14 32 30 31 40 

Secondary Axle Disconnect—Unibody ................................ 0 0 0 0 0 

Secondary Axle Disconnect—Ladder Frame ...................... 17 19 20 21 28 

Aero Drag Reduction ........................................................... 13 15 20 22 25 

TABLE IV.G.4–3—ADDITION OF TECHNOLOGIES TO OVERALL FLEET UNDER FINAL STANDARDS

Technology MY 2012 

(percent) 

MY 2013 

(percent) 

MY 2014 

(percent) 

MY 2015 

(percent) 

MY 2016 

(percent) 

Low Friction Lubricants ........................................................ 16 18 20 22 22 

Engine Friction Reduction .................................................... 15 36 39 42 51 

VVT—Coupled Cam Phasing (CCP) on SOHC .................. 2 3 3 4 5 

Discrete Variable Valve Lift (DVVL) on SOHC .................... 0 1 2 3 3 

Cylinder Deactivation on SOHC .......................................... 2 3 2 2 2 

VVT—Intake Cam Phasing (ICP) ........................................ 0 0 0 0 0 

mstockstill on DSKB9S0YB1PROD with RULES2

Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 25641 

TABLE IV.G.4–3—ADDITION OF TECHNOLOGIES TO OVERALL FLEET UNDER FINAL STANDARDS—Continued 

Technology MY 2012 

(percent) 

MY 2013 

(percent) 

MY 2014 

(percent) 

MY 2015 

(percent) 

MY 2016 

(percent) 

VVT—Dual Cam Phasing (DCP) ......................................... 9 13 15 16 22 

Discrete Variable Valve Lift (DVVL) on DOHC ................... 9 16 20 21 25 

Continuously Variable Valve Lift (CVVL) ............................. 0 0 0 0 0 

Cylinder Deactivation on DOHC .......................................... 0 1 0 1 1 

Cylinder Deactivation on OHV ............................................. 0 1 1 1 3 

VVT—Coupled Cam Phasing (CCP) on OHV ..................... 0 1 1 1 6 

Discrete Variable Valve Lift (DVVL) on OHV ...................... 0 6 6 8 8 

Conversion to DOHC with DCP ........................................... 0 0 0 0 0 

Stoichiometric Gasoline Direct Injection (GDI) .................... 10 17 22 24 29 

Combustion Restart ............................................................. 0 0 1 4 12 

Turbocharging and Downsizing ........................................... 6 11 14 16 19 

Exhaust Gas Recirculation (EGR) Boost ............................. 0 6 8 11 14 

Conversion to Diesel following TRBDS ............................... 1 2 2 2 2 

Conversion to Diesel following CBRST ............................... 0 0 0 0 0 

6-Speed Manual/Improved Internals .................................... 0 0 0 0 1 

Improved Auto. Trans. Controls/Externals ........................... 0 ¥2 ¥4 ¥10 ¥13 

Continuously Variable Transmission ................................... 0 0 0 0 0 

6/7/8-Speed Auto. Trans with Improved Internals ............... ¥1 0 0 0 1 

Dual Clutch or Automated Manual Transmission ................ 11 28 38 51 58 

Electric Power Steering ....................................................... 8 18 20 24 34 

Improved Accessories .......................................................... 13 19 21 25 35 

12V Micro-Hybrid ................................................................. 0 0 0 0 0 

Belt mounted Integrated Starter Generator ......................... 5 11 19 23 23 

Crank mounted Integrated Starter Generator ...................... 2 2 2 2 2 

Power Split Hybrid ............................................................... 2 2 2 1 1 

2-Mode Hybrid ..................................................................... 0 0 0 0 0 

Plug-in Hybrid ...................................................................... 0 0 0 0 0 

Mass Reduction (1.5) ........................................................... 13 18 28 37 47 

Mass Reduction (3.5 to 8.5) ................................................ 0 0 18 32 45 

Low Rolling Resistance Tires .............................................. 7 14 19 26 29 

Low Drag Brakes ................................................................. 6 14 14 14 18 

Secondary Axle Disconnect—Unibody ................................ 0 0 0 0 0 

Secondary Axle Disconnect—Ladder Frame ...................... 7 8 8 8 11 

Aero Drag Reduction ........................................................... 9 18 26 30 34 

In order to pay for this additional 

technology (and, for some 

manufacturers, civil penalties), NHTSA 

estimates that the cost of an average 

passenger car and light truck will, 

relative to levels resulting from 

compliance with baseline (MY 2011) 

standards, increase by $505–$907 and 

$322–$961, respectively, during MYs 

2011–2016. The following tables 

summarize the agency’s estimates of 

average cost increases for each 

manufacturer’s passenger car, light 

truck, and overall fleets (with 

corresponding averages for the 

industry): 

TABLE IV.G.4–4—AVERAGE PASSENGER CAR INCREMENTAL COST INCREASES ($) UNDER FINAL STANDARDS

Manufacturer MY 2012 MY 2013 MY 2014 MY 2015 MY 2016 

BMW .................................................................................... 157 196 255 443 855 

Chrysler ................................................................................ 794 1,043 1,129 1,270 1,358 

Daimler ................................................................................. 160 198 564 944 1,252 

Ford ...................................................................................... 1,641 1,537 1,533 1,713 1,884 

General Motors .................................................................... 552 896 1,127 1,302 1,323 

Honda ................................................................................... 33 98 205 273 456 

Hyundai ................................................................................ 559 591 768 744 838 

Kia ........................................................................................ 110 144 177 235 277 

Mazda .................................................................................. 632 656 799 854 923 

Mitsubishi ............................................................................. 644 620 1,588 1,875 1,831 

Nissan .................................................................................. 119 323 707 723 832 

Porsche ................................................................................ 316 251 307 390 496 

Subaru .................................................................................. 413 472 988 1,385 1,361 

Suzuki .................................................................................. 242 625 779 794 1,005 

Tata ...................................................................................... 243 258 370 532 924 

Toyota .................................................................................. 31 29 41 121 126 

Volkswagen .......................................................................... 293 505 587 668 964 

Total/Average ................................................................ 505 573 690 799 907 

mstockstill on DSKB9S0YB1PROD with RULES2

25642 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 

TABLE IV.G.4–5—AVERAGE LIGHT TRUCK INCREMENTAL COST INCREASES ($) UNDER FINAL STANDARDS

Manufacturer MY 2012 MY 2013 MY 2014 MY 2015 MY 2016 

BMW .................................................................................... 252 272 338 402 827 

Chrysler ................................................................................ 409 527 876 931 1,170 

Daimler ................................................................................. 98 123 155 189 260 

Ford ...................................................................................... 465 633 673 1,074 1,174 

General Motors .................................................................... 336 513 749 807 986 

Honda ................................................................................... 233 217 370 457 806 

Hyundai ................................................................................ 693 630 1,148 1,136 1,113 

Kia ........................................................................................ 406 467 582 780 1,137 

Mazda .................................................................................. 144 241 250 354 480 

Mitsubishi ............................................................................. 39 77 553 686 1,371 

Nissan .................................................................................. 398 489 970 1,026 1,362 

Porsche ................................................................................ 44 76 109 568 640 

Subaru .................................................................................. 1,036 995 1,016 1,060 1,049 

Suzuki .................................................................................. 66 1,797 1,744 1,689 1,732 

Tata ...................................................................................... 66 110 137 198 690 

Toyota .................................................................................. 130 150 384 499 713 

Volkswagen .......................................................................... 44 77 552 557 606 

Total/Average ................................................................ 322 416 621 752 961 

TABLE IV.G.4–6—AVERAGE INCREMENTAL COST INCREASES ($) BY MANUFACTURER UNDER FINAL STANDARDS

Manufacturer MY 2012 MY 2013 MY 2014 MY 2015 MY 2016 

BMW .................................................................................... 196 225 283 430 847 

Chrysler ................................................................................ 553 743 989 1,084 1,257 

Daimler ................................................................................. 139 171 417 695 937 

Ford ...................................................................................... 1,209 1,187 1,205 1,472 1,622 

General Motors .................................................................... 446 705 946 1,064 1,165 

Honda ................................................................................... 116 144 266 343 585 

Hyundai ................................................................................ 577 599 847 805 879 

Kia ........................................................................................ 177 221 263 334 426 

Mazda .................................................................................. 545 587 716 778 858 

Mitsubishi ............................................................................. 459 453 1,200 1,389 1,647 

Nissan .................................................................................. 211 376 792 813 984 

Porsche ................................................................................ 250 207 243 452 544 

Subaru .................................................................................. 630 650 998 1,267 1,248 

Suzuki .................................................................................. 231 823 954 946 1,123 

Tata ...................................................................................... 164 199 265 396 832 

Toyota .................................................................................. 67 70 159 248 317 

Volkswagen .......................................................................... 245 410 579 648 901 

Total/Average ................................................................ 434 513 665 782 926 

Based on the agencies’ estimates of 

manufacturers’ future sales volumes, 

these cost increases will lead to a total 

of $51.7 billion in incremental outlays 

during MYs 2012–2016 for additional 

technology attributable to the final 

standards: 

TABLE IV.G.4–7—INCREMENTAL TECHNOLOGY OUTLAYS ($b) UNDER FINAL STANDARDS

2012 2013 2014 2015 2016 Total 

Passenger Cars ....................................... 4.1 5.4 6.9 8.2 9.5 34.2 

Light Trucks ............................................. 1.8 2.5 3.7 4.3 5.4 17.6 

Combined .......................................... 5.9 7.9 10.5 12.5 14.9 51.7 

NHTSA notes that these estimates of 

the economic costs for meeting higher 

CAFE standards omit certain potentially 

important categories of costs, and may 

also reflect underestimation (or possibly 

overestimation) of some costs that are 

included. For example, although the 

agency’s analysis is intended to hold 

vehicle performance, capacity, and 

utility constant in estimating the costs 

of applying fuel-saving technologies to 

vehicles, the analysis imputes no cost to 

any actual reductions in vehicle 

performance, capacity, and utility that 

may result from manufacturers’ efforts 

to comply with the final CAFE 

standards. Although these costs are 

difficult to estimate accurately, they 

nonetheless represent a notable category 

of omitted costs if they have not been 

adequately accounted for in the cost 

estimates. Similarly, the agency’s 

estimates of net benefits for meeting 

higher CAFE standards does not 

estimate the economic value of potential 

changes in motor vehicle fatalities and 

injuries that could result from 

mstockstill on DSKB9S0YB1PROD with RULES2

Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 25643 

717Unless otherwise indicated, all tables in 

Section IV report benefits calculated using the 

Reference Case input assumptions, with future 

benefits resulting from reductions in carbon dioxide 

emissions discounted at the 3 percent rate 

prescribed in the interagency guidance on the social 

cost of carbon. 

718For tables that report total or net benefits using 

a 7 percent discount rate, future benefits from 

reducing carbon dioxide emissions are discounted 

at 3 percent, in order to maintain consistency with 

the discount rate used to develop the reference case 

estimate of the social cost of carbon. All other 

future benefits reported in these tables are 

discounted using the 7 percent rate. 

719Although technology costs are incurred at the 

beginning of each model year’s lifetime and thus are 

not subject to discounting, the discount rate does 

influence the effective cost of some technologies. 

Because NHTSA assumes some manufacturers will 

be willing to pay civil penalties when compliance 

costs become sufficiently high, It is still possible for 

the discount rate to affect the agency’s estimate of 

total technology outlays. However, this does not 

occur under the alternative NHTSA has adopted for 

its final MY 2012–16 CAFE standards. 

reductions in the size or weight of 

vehicles. While NHTSA reports a range 

of estimates of these potential safety 

effects below and in the FRIA (ranging 

from a net negative monetary impact to 

a net positive benefits for society), no 

estimate of their economic value is 

included in the agency’s estimates of the 

net benefits resulting from the final 

standards. 

Finally, while NHTSA is confident 

that the cost estimates are the best 

available and appropriate for purposes 

of this final rule, it is possible that the 

agency may have underestimated or 

overestimated manufacturers’ direct 

costs for applying some fuel economy 

technologies, or the increases in 

manufacturer’s indirect costs associated 

with higher vehicle manufacturing 

costs. In either case, the technology 

outlays reported here will not correctly 

represent the costs of meeting higher 

CAFE standards. Similarly, NHTSA’s 

estimates of increased costs of 

congestion, accidents, and noise 

associated with added vehicle use are 

drawn from a 1997 study, and the 

correct magnitude of these values may 

have changed since they were 

developed. If this is the case, the costs 

of increased vehicle use associated with 

the fuel economy rebound effect will 

differ from the agency’s estimates in this 

analysis. Thus, like the agency’s 

estimates of economic benefits, 

estimates of total compliance costs 

reported here may underestimate or 

overestimate the true economic costs of 

the final standards. 

However, offsetting these costs, the 

achieved increases in fuel economy will 

also produce significant benefits to 

society. NHTSA attributes most of these 

benefits to reductions in fuel 

consumption, valuing fuel savings at 

future pretax prices in EIA’s reference 

case forecast from AEO 2010. The total 

benefits also include other benefits and 

dis-benefits, examples of which include 

the social values of reductions in CO2

and criteria pollutant emissions, the 

value of additional travel (induced by 

the rebound effect), and the social cost 

of additional congestion, accidents, and 

noise attributable to that additional 

travel. The FRIA accompanying today’s 

final rule presents a detailed analysis of 

the rule’s specific benefits. 

As Table IV.G.4–8 shows, NHTSA 

estimates that at the discount rate of 3 

percent prescribed in OMB guidance for 

regulatory analysis, the present value of 

total benefits from the final CAFE 

standards over the lifetimes of MY 

2012–2016 passenger cars and light 

trucks will be $182.5 billion. 

TABLE IV.G.4–8—PRESENT VALUE OF BENEFITS ($BILLION) UNDER FINAL STANDARDS USING 3 PERCENT DISCOUNT

RATE 717

2012 2013 2014 2015 2016 Total 

Passenger Cars ....................................... 6.8 15.2 21.6 28.7 35.2 107.5 

Light Trucks ............................................. 5.1 10.7 15.5 19.4 24.3 75.0 

Combined .......................................... 11.9 25.8 37.1 48.0 59.5 182.5 

Table IV.G.4–9 reports that the 

present value of total benefits from 

requiring cars and light trucks to 

achieve the fuel economy levels 

specified in the final CAFE standards 

for MYs 2012–16 will be $146.2 billion 

when discounted at the 7 percent rate 

also required by OMB guidance. Thus 

the present value of fuel savings and 

other benefits over the lifetimes of the 

vehicles covered by the final standards 

is $36.3 billion—or about 20 percent— 

lower when discounted at a 7 percent 

annual rate than when discounted using 

the 3 percent annual rate.718

TABLE IV.G.4–9—PRESENT VALUE OF BENEFITS ($BILLION) UNDER FINAL STANDARDS USING 7 PERCENT DISCOUNT

RATE

2012 2013 2014 2015 2016 Total 

Passenger Cars ....................................... 5.5 12.3 17.5 23.2 28.6 87.0 

Light Trucks ............................................. 4.0 8.4 12.2 15.3 19.2 59.2 

Combined .......................................... 9.5 20.7 29.7 38.5 47.8 146.2 

For both the passenger car and light 

truck fleets, NHTSA estimates that the 

benefits of today’s final standards will 

exceed the corresponding costs in every 

model year, so that the net social 

benefits from requiring higher fuel 

economy—the difference between the 

total benefits that result from higher fuel 

economy and the technology outlays 

required to achieve it—will be 

substantial. Because the technology 

outlays required to achieve the fuel 

economy levels required by the final 

standards are incurred during the model 

years when vehicles are produced and 

sold, however, they are not subject to 

discounting, so that their present value 

does not depend on the discount rate 

used.719 Thus the net benefits of the 

final standards differ depending on 

whether the 3 percent or 7 percent 

discount rate is used, but only because 

the choice of discount rates affects the 

present value of total benefits, and not 

that of technology costs. 

As Table IV.G.4–10 shows, over the 

lifetimes of the affected (MY 2012–2016) 

mstockstill on DSKB9S0YB1PROD with RULES2

25644 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 

720 Doing so, however, would represent a 

significant departure from how disruption costs 

associated with oil price shocks have been 

quantified in research on the value of energy 

security, and NHTSA believes this issue should be 

analyzed in more detail before these costs are 

excluded. Moreover, the agency believes that 

increases in import costs during oil supply 

disruptions differ from transfers due to the 

existence of U.S. monopsony power in the world oil 

market, since they reflect real resource shortages 

and costly short-run shifts in demand by energy 

users, rather than losses to consumers of petroleum 

products that that are matched by offsetting gains 

to suppliers. Thus the agency believes that reducing 

their expected value provides real economic 

benefits, and they do not represent pure transfers. 

vehicles, the agency estimates that when 

the benefits of the final standards are 

discounted at a 3 percent rate, they will 

exceed the costs of the final standards 

by $130.7 billion: 

TABLE IV.G.4–10—PRESENT VALUE OF NET BENEFITS ($BILLION) UNDER FINAL STANDARDS USING 3 PERCENT

DISCOUNT RATE

2012 2013 2014 2015 2016 Total 

Passenger Cars ....................................... 2.7 9.7 14.8 20.5 25.7 73.3 

Light Trucks ............................................. 3.4 8.2 11.8 15.0 18.9 57.4 

Combined .......................................... 6.0 18.0 26.6 35.5 44.6 130.7 

As indicated previously, when fuel 

savings and other future benefits 

resulting from the final standards are 

discounted at the 7 percent rate 

prescribed in OMB guidance, they are 

$36.3 billion lower than when the 3 

percent discount rate is applied. 

Because technology costs are not subject 

to discounting, using the higher 7 

percent discount rate reduces net 

benefits by exactly this same amount. 

Nevertheless, Table IV.G.4–11 shows 

that the net benefits from requiring 

passenger cars and light trucks to 

achieve higher fuel economy are still 

substantial even when future benefits 

are discounted at the higher rate, 

totaling $94.5 billion over MYs 2012– 

16. Net benefits are thus about 28 

percent lower when future benefits are 

discounted at a 7 percent annual rate 

than at a 3 percent rate. 

TABLE IV.G.4–11—PRESENT VALUE OF NET BENEFITS ($BILLION) UNDER FINAL STANDARDS USING 7 PERCENT

DISCOUNT RATE

2012 2013 2014 2015 2016 Total 

Passenger Cars ....................................... 1.3 6.8 10.6 15.0 19.0 52.9 

Light Trucks ............................................. 2.3 5.9 8.6 11.0 13.9 41.6 

Combined .......................................... 3.6 12.8 19.2 26.0 32.9 94.5 

NHTSA’s estimates of economic 

benefits from establishing higher CAFE 

standards are subject to considerable 

uncertainty. Most important, the 

agency’s estimates of the fuel savings 

likely to result from adopting higher 

CAFE standards depend critically on the 

accuracy of the estimated fuel economy 

levels that will be achieved under both 

the baseline scenario, which assumes 

that manufacturers will continue to 

comply with the MY 2011 CAFE 

standards, and under alternative 

increases in the standards that apply to 

MYs 2012–16 passenger cars and light 

trucks. Specifically, if the agency has 

underestimated the fuel economy levels 

that manufacturers would have 

achieved under the baseline scenario— 

or is too optimistic about the fuel 

economy levels that manufacturers will 

actually achieve under the final 

standards—its estimates of fuel savings 

and the resulting economic benefits 

attributable to this rule will be too large. 

Another major source of potential 

overestimation in the agency’s estimates 

of benefits from requiring higher fuel 

economy stems from its reliance on the 

Reference Case fuel price forecasts 

reported in AEO 2010. Although 

NHTSA believes that these forecasts are 

the most reliable that are available, they 

are nevertheless significantly higher 

than the fuel price projections reported 

in most previous editions of EIA’s 

Annual Energy Outlook, and reflect 

projections of world oil prices that are 

well above forecasts issued by other 

firms and government agencies. If the 

future fuel prices projected in AEO 2010 

prove to be too high, the agency’s 

estimates of the value of future fuel 

savings—the major component of 

benefits from this rule—will also be too 

high. 

In addition, it is possible that 

NHTSA’s estimates of economic benefits 

from the effects of saving fuel on U.S. 

petroleum consumption and imports are 

too high. The estimated ‘‘energy security 

premium’’ the agency uses to value 

reductions in U.S. petroleum imports 

includes both increased payments for 

petroleum imports that occur when 

world oil prices increase rapidly, and 

losses in U.S. GDP losses and 

adjustment costs that result from oil 

price shocks. One commenter suggested 

increased import costs associated with 

rapid increases in petroleum prices 

represent transfers from U.S. oil 

consumers to petroleum suppliers rather 

than real economic costs, so any 

reduction in their potential magnitude 

should be excluded when calculating 

benefits from lower U.S. petroleum 

imports. If this view is correct, then the 

agency’s estimates of benefits from the 

effect of reduced fuel consumption on 

U.S. petroleum imports would indeed 

be too high.720

However, it is also possible that 

NHTSA’s estimates of economic benefits 

from establishing higher CAFE 

standards underestimate the true 

economic benefits of the fuel savings 

those standards would produce. If the 

AEO 2010 forecast of fuel prices proves 

to be too low, for example, NHTSA will 

have underestimated the value of fuel 

savings that will result from adopting 

higher CAFE standards for MY 2012–16. 

As another example, the agency’s 

estimate of benefits from reducing the 

threat of economic damages from 

disruptions in the supply of imported 

petroleum to the U.S. applies to 

mstockstill on DSKB9S0YB1PROD with RULES2

Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 25645 

721Social Cost of Carbon for Regulatory Impact 

Analysis Under Executive Order 12866, Interagency 

Working Group on Social Cost of Carbon, United 

States Government, February 2010. Available in 

Docket No. NHTSA–2009–0059. 

722Using the central value of $21 per metric ton 

for the SCC, and discounting future benefits from 

reduced CO2 emissions at a 3 percent annual rate. 

Additionally, we note that the $21 per metric ton 

value for the SCC applies to calendar year 2010, and 

increases over time. See the interagency guidance 

on SCC for more information. 

calendar year 2015. If the magnitude of 

this estimate would be expected to grow 

after 2015 in response to increases in 

U.S. petroleum imports, growth in the 

level of U.S. economic activity, or 

increases in the likelihood of 

disruptions in the supply of imported 

petroleum, the agency may have 

underestimated the benefits from the 

reduction in petroleum imports 

expected to result from adopting higher 

CAFE standards. 

NHTSA’s benefit estimates could also 

be too low because they exclude or 

understate the economic value of certain 

potentially significant categories of 

benefits from reducing fuel 

consumption. As one example, EPA’s 

estimates of the economic value of 

reduced damages to human health 

resulting from lower exposure to criteria 

air pollutants includes only the effects 

of reducing population exposure to 

PM2.5 emissions. Although this is likely 

to be the most significant component of 

health benefits from reduced emissions 

of criteria air pollutants, it excludes the 

value of reduced damages to human 

health and other impacts resulting from 

lower emissions and reduced 

population exposure to other criteria air 

pollutants, including ozone and nitrous 

oxide (N2O), as well as airborne toxics. 

EPA’s estimates exclude these benefits 

because no reliable dollar-per-ton 

estimates of the health impacts of 

criteria pollutants other than PM2.5 or of 

the health impacts of airborne toxics 

were available to use in developing 

estimates of these benefits. 

Similarly, the agency’s estimate of the 

value of reduced climate-related 

economic damages from lower 

emissions of GHGs excludes many 

sources of potential benefits from 

reducing the pace and extent of global 

climate change.721 For example, none of 

the three models used to value climaterelated economic damages includes 

ocean acidification or loss of species 

and wildlife. The models also may not 

adequately capture certain other 

impacts, such as potentially abrupt 

changes in climate associated with 

thresholds that govern climate system 

responses, inter-sectoral and interregional interactions, including global 

security impacts of high-end extreme 

warming, or limited near-term 

substitutability between damage to 

natural systems and increased 

consumption. Including monetized 

estimates of benefits from reducing the 

extent of climate change and these 

associated impacts would increase the 

agency’s estimates of benefits from 

adopting higher CAFE standards. 

The following tables present itemized 

costs and benefits for the combined 

passenger car and light truck fleets for 

each model year affected by the final 

standards as well as for all model years 

combined, using both discount rates 

prescribed by OMB regulatory guidance. 

Table IV.G.4–12 reports technology 

outlays, each separate component of 

benefits (including costs associated with 

additional driving due to the rebound 

effect, labeled ‘‘dis-benefits’’), the total 

value of benefits, and net benefits, using 

the 3 percent discount rate. (Numbers in 

parentheses represent negative values.) 

TABLE IV.G.4–12—ITEMIZED COST AND BENEFIT ESTIMATES FOR THE COMBINED VEHICLE FLEET USING 3 PERCENT

DISCOUNT RATE ($M) 

MY 2012 MY 2013 MY 2014 MY 2015 MY 2016 Total 

Costs 

Technology Costs ........................ 5,903 7,890 10,512 12,539 14,904 51,748 

Benefits 

Savings in Lifetime Fuel Expenditures .......................................... 9,265 20,178 29,083 37,700 46,823 143,048 

Consumer Surplus from Additional Driving ............................. 696 1,504 2,150 2,754 3,387 10,491 

Value of Savings in Refueling 

Time .......................................... 706 1,383 1,939 2,464 2,950 9,443 

Reduction in Petroleum Market 

Externalities .............................. 545 1,154 1,630 2,080 2,543 7,952 

Reduction in Climate-Related 

Damages from Lower CO2

Emissions 722 ............................ 921 2,025 2,940 3,840 4,804 14,528 

Reduction in Health Damage 

Costs from Lower Emissions of 

Criteria Air Pollutants: 

CO ......................................... 0 0 0 0 0 0 

VOC ...................................... 42 76 102 125 149 494 

NOX ....................................... 70 104 126 146 166 612 

PM ......................................... 205 434 612 776 946 2,974 

SOX ....................................... 158 332 469 598 731 2,288 

Dis-Benefits from Increased Driving: 

Congestion Costs ................. (447 ) (902 ) (1,282 ) (1,633 ) (2,000 ) (6,264 ) 

Noise Costs .......................... (9 ) (18 ) (25 ) (32 ) (39 ) (122 ) 

Crash Costs .......................... (217 ) (430 ) (614 ) (778 ) (950 ) (2,989 ) 

Total Benefits ................. 11,936 25,840 37,132 48,040 59,509 182,457 

mstockstill on DSKB9S0YB1PROD with RULES2

25646 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 

723Using the central value of $21 per metric ton 

for the SCC, and discounting future benefits from 

reduced CO2 emissions at a 3 percent annual rate. 

Additionally, we note that the $21 per metric ton 

value for the SCC applies to calendar year 2010, and 

increases over time. See the interagency guidance 

on SCC for more information. 

TABLE IV.G.4–12—ITEMIZED COST AND BENEFIT ESTIMATES FOR THE COMBINED VEHICLE FLEET USING 3 PERCENT

DISCOUNT RATE ($M)—Continued 

MY 2012 MY 2013 MY 2014 MY 2015 MY 2016 Total 

Net Benefits ................... 6,033 17,950 26,619 35,501 44,606 130,709 

Similarly, Table IV.G.4–13 below 

reports technology outlays, the 

individual components of benefits 

(including ‘‘dis-benefits’’ resulting from 

additional driving) and their total, and 

net benefits, using the 7 percent 

discount rate. (Again, numbers in 

parentheses represent negative values.) 

TABLE IV.G.4–13—ITEMIZED COST AND BENEFIT ESTIMATES FOR THE COMBINED VEHICLE FLEET USING 7 PERCENT

DISCOUNT RATE ($M) 

MY 2012 MY 2013 MY 2014 MY 2015 MY 2016 Total 

Costs 

Technology Costs ........................ 5,903 7,890 10,512 12,539 14,904 51,748 

Benefits 

Savings in Lifetime Fuel Expenditures .......................................... 7,197 15,781 22,757 29,542 36,727 112,004 

Consumer Surplus from Additional Driving ............................. 542 1,179 1,686 2,163 2,663 8,233 

Value of Savings in Refueling 

Time .......................................... 567 1,114 1,562 1,986 2,379 7,608 

Reduction in Petroleum Market 

Externalities .............................. 432 917 1,296 1,654 2,023 6,322 

Reduction in Climate-Related 

Damages from Lower CO2

Emissions 723 ............................ 921 2,025 2,940 3,840 4,804 14,530 

Reduction in Health Damage 

Costs from Lower Emissions of 

Criteria Air Pollutants: 

CO ......................................... 0 0 0 0 0 0 

VOC ...................................... 32 60 80 99 119 390 

NOX ....................................... 53 80 98 114 131 476 

PM ......................................... 154 336 480 611 748 2,329 

SOX ....................................... 125 265 373 475 581 1,819 

Dis-Benefits from Increased Driving: 

Congestion Costs ................. (355 ) (719 ) (1,021 ) (1,302 ) (1,595 ) (4,992 ) 

Noise Costs .......................... (7 ) (14 ) (20 ) (26 ) (31 ) (98 ) 

Crash Costs .......................... (173 ) (342 ) (488 ) (619 ) (756 ) (2,378 ) 

Total Benefits ................. 9,488 20,682 29,743 38,537 47,793 146,243 

Net Benefits ................... 3,586 12,792 19,231 25,998 32,890 94,497 

The above benefit and cost estimates 

did not reflect the availability and use 

of flexibility mechanisms, such as 

compliance credits and credit trading, 

because EPCA prohibits NHTSA from 

considering the effects of those 

mechanisms in setting CAFE standards. 

However, the agency noted that, in 

reality, manufacturers were likely to 

rely to some extent on flexibility 

mechanisms provided by EPCA and 

would thereby reduce the cost of 

complying with the final standards to a 

meaningful extent. 

As discussed in the FRIA, NHTSA has 

performed an analysis to estimate the 

costs and benefits if EPCA’s provisions 

regarding FFVs are accounted for. The 

agency considered also attempting to 

account for other EPCA flexibility 

mechanisms, in particular credit 

transfers between the passenger and 

nonpassenger fleets, but has concluded 

that, at least within a context in which 

each model year is represented 

explicitly, technologies carry forward 

between model years, and multi-year 

planning effects are represented, there is 

no basis to estimate reliably how 

manufacturers might use these 

mechanisms. Accounting for the FFV 

provisions indicates that achieved fuel 

economies would be 0.5–1.3 mpg lower 

than when these provisions are not 

considered (for comparison see Table 

IV.G.1–2 above): 

mstockstill on DSKB9S0YB1PROD with RULES2

Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 25647 

724 Differences in the application of diesel engines 

lead to differences in the incremental percentage 

changes in fuel consumption and carbon dioxide 

emissions. 

TABLE IV.G.4–14—AVERAGE ACHIEVED FUEL ECONOMY (mpg) UNDER FINAL STANDARDS (WITH FFV CREDITS) 

2012 2013 2014 2015 2016 

Passenger Cars ................................................................... 32.3 33.5 34.2 35.0 36.2 

Light Trucks ......................................................................... 24.5 25.1 25.9 26.7 27.5 

Combined ...................................................................... 28.7 29.7 30.6 31.5 32.7 

As a result, NHTSA estimates that, 

when FFV credits are taken into 

account, fuel savings will total 58.6 

billion gallons—about 3.9 percent less 

than the 61.0 billion gallons estimated 

when these credits are not considered: 

TABLE IV.G.4–15—FUEL SAVED (BILLION GALLONS) UNDER FINAL STANDARDS (WITH FFV CREDITS) 

2012 2013 2014 2015 2016 Total 

Passenger Cars ....................................... 2.7 4.7 6.4 8.4 11.0 33.1 

Light Trucks ............................................. 2.3 3.6 5.0 6.6 8.1 25.5 

Combined .......................................... 4.9 8.2 11.3 15.0 19.1 58.6 

The agency similarly estimates CO2

emissions reductions will total 636 

million metric tons (mmt), about 2.9 

percent less than the 655 mmt estimated 

when these credits are not 

considered: 724

TABLE IV.G.4–16—AVOIDED CARBON DIOXIDE EMISSIONS (mmt) UNDER FINAL STANDARDS (WITH FFV CREDITS) 

2012 2013 2014 2015 2016 Total 

Passenger Cars ....................................... 28 50 69 91 119 357 

Light Trucks ............................................. 25 39 54 72 88 279 

Combined .......................................... 53 89 123 163 208 636 

This analysis further indicates that 

significant reductions in outlays for 

additional technology will result when 

FFV provisions are taken into account. 

Table IV.G.4–17 below shows that as a 

result, total technology costs are 

estimated to decline to $37.5 billion, or 

about 27 percent less than the $51.7 

billion estimated when excluding these 

provisions: 

TABLE IV.G.4–17—INCREMENTAL TECHNOLOGY OUTLAYS ($B) UNDER FINAL STANDARDS WITH FFV CREDITS

2012 2013 2014 2015 2016 Total 

Passenger Cars ....................................... 2.6 3.6 4.8 6.1 7.5 24.6 

Light Trucks ............................................. 1.1 1.5 2.5 3.4 4.4 12.9 

Combined .......................................... 3.7 5.1 7.3 9.5 11.9 37.5 

Because NHTSA’s analysis indicated 

that FFV provisions will not 

significantly reduce fuel savings, the 

agency’s estimate of the present value of 

total benefits will be $175.6 billion 

when discounted at a 3 percent annual 

rate, as Table IV.G.4–18 following 

reports. This estimate of total benefits is 

$6.9 billion, or about 3.8 percent, lower 

than the $182.5 billion reported 

previously for the analysis that 

excluded these provisions: 

TABLE IV.G.4–18—PRESENT VALUE OF BENEFITS ($BILLION) UNDER FINAL STANDARDS WITH FFV CREDITS USING 3 

PERCENT DISCOUNT RATE

2012 2013 2014 2015 2016 Total 

Passenger Cars ....................................... 7.6 13.7 19.1 25.6 34.0 100.0 

Light Trucks ............................................. 6.4 10.4 14.6 19.8 24.4 75.6 

Combined .......................................... 14.0 24.1 33.7 45.4 58.4 175.6 

mstockstill on DSKB9S0YB1PROD with RULES2

25648 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 

725The molecular weight of Carbon (C) is 12, the 

molecular weight of Oxygen (O) is 16, thus the 

molecular weight of CO2 is 44. One ton of C = 44/ 

12 tons CO2 = 3.67 tons CO2. 1 gallon of gas weighs 

2,819 grams, of that 2,433 grams are carbon. $1.00 

CO2 = $3.67 C and $3.67/ton * ton/1,000kg * kg/ 

1,000g * 2,433g/gallon = (3.67 * 2,433)/1,000 * 

1,000 = $0.0089/gallon. 

Similarly, because the FFV are not 

expected to reduce fuel savings 

significantly, NHTSA estimates that the 

present value of total benefits will 

decline only slightly from its previous 

estimate when future fuel savings and 

other benefits are discounted at the 

higher 7 percent rate. Table IV.G.4–19 

reports that the present value of benefits 

from requiring higher fuel economy for 

MY 2012–16 cars and light trucks will 

total $140.7 billion when discounted 

using a 7 percent rate, about $5.5 billion 

(or again, 3.8 percent) below the 

previous $146.2 billion estimate of total 

benefits when FFV credits were not 

permitted: 

TABLE IV.G.4–19—PRESENT VALUE OF BENEFITS ($BILLION) UNDER FINAL STANDARDS WITH FFV CREDITS USING 7 

PERCENT DISCOUNT RATE

2012 2013 2014 2015 2016 Total 

Passenger Cars ....................................... 6.1 11.1 15.5 20.7 27.6 80.9 

Light Trucks ............................................. 5.0 8.2 11.5 15.6 19.3 59.7 

Combined .......................................... 11.2 19.3 27.0 36.4 46.9 140.7 

Although the discounted present 

value of total benefits will be slightly 

lower when FFV provisions are taken 

into account, the agency estimates that 

these provisions will slightly increase 

net benefits. This occurs because the 

flexibility these provisions provide to 

manufacturers will allow them to 

reduce technology costs for meeting the 

new standards by considerably more 

than the reduction in the value of fuel 

savings and other benefits. As Table 

IV.G.4–20 shows, the agency estimates 

that the availability of FFV credits will 

increase net benefits from the final 

CAFE standards to $138.2 billion from 

the previously-reported estimate of 

$130.7 billion without those credits, or 

by about 5.7 percent. 

TABLE IV.G.4–20—PRESENT VALUE OF NET BENEFITS ($BILLION) UNDER FINAL STANDARDS WITH FFV CREDITS USING

3% DISCOUNT RATE

2012 2013 2014 2015 2016 Total 

Passenger Cars ....................................... 5.1 10.1 14.3 19.5 26.5 75.4 

Light Trucks ............................................. 5.3 8.8 12.1 16.4 20.0 62.7 

Combined .......................................... 10.4 19.0 26.5 35.9 46.5 138.2 

Similarly, Table IV.G.4–21 

immediately below shows that NHTSA 

estimates manufacturers’ use of FFV 

credits will raise net benefits from 

requiring higher fuel economy for MY 

2012–16 cars and light trucks to $103.2 

billion if a 7 percent discount rate is 

applied to future benefits. This estimate 

is $8.7 billion—or about 9.2%—higher 

than the previously-reported $94.5 

billion estimate of net benefits without 

the availability of FFV credits using that 

same discount rate. 

TABLE IV.G.4–21—PRESENT VALUE OF NET BENEFITS ($BILLION) UNDER FINAL STANDARDS WITH FFV CREDITS USING

7% DISCOUNT RATE

2012 2013 2014 2015 2016 Total 

Passenger Cars ....................................... 3.6 7.5 10.7 14.6 20.0 56.4 

Light Trucks ............................................. 3.9 6.6 9.1 12.3 14.9 46.8 

Combined .......................................... 7.5 14.1 19.7 26.9 35.0 103.2 

The agency has also performed 

several sensitivity analyses to examine 

the effects of varying important 

assumptions that affect its estimates of 

benefits and costs from higher CAFE 

standards for MY 2012–16 cars and light 

trucks. We examine the sensitivity of 

fuel savings, total economic benefits, 

and technology costs with respect to the 

following five economic parameters: 

(1) The price of gasoline: The 

Reference Case uses the AEO 2010 

reference case estimate for the price of 

gasoline. In this sensitivity analysis we 

examine the effect of instead using the 

AEO 2009 high and low price forecasts. 

(2) The rebound effect: The Reference 

Case uses a rebound effect of 10 percent 

to project increased miles traveled as 

the cost per mile driven decreases. In 

the sensitivity analysis, we examine the 

effect of instead using a 5 percent or 15 

percent rebound effect. 

(3) The values of CO2 benefits: The 

Reference Case uses $21 per ton (in 

2010 in 2007$, rising over time to $45 

in 2030) to quantify the benefits of 

reducing CO2 emissions and $0.17 per 

gallon to quantify the energy security 

benefits from reducing fuel 

consumption. In the sensitivity analysis, 

we examine the effect of using values of 

$5, and $65 per ton instead of the 

reference value of $21 per ton to value 

CO2 benefits. These values can be 

translated into cents per gallon by 

multiplying by 0.0089,725 giving the 

following values: 

($5 per ton CO2) × 0.0089 = $0.045 per 

gallon 

mstockstill on DSKB9S0YB1PROD with RULES2

Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 25649 

($21 per ton CO2) × 0.0089 = $0.187 per 

gallon 

($35 per ton CO2) × 0.0089 = $0.312 per 

gallon 

($67 per ton CO2) × 0.0089 = $0.596 per 

gallon 

(4) Military security: The Reference 

Case uses $0 per gallon to quantify the 

military security benefits of reducing 

fuel consumption. In the sensitivity 

analysis, we examine the impact of 

instead using a value of 5 cents per 

gallon. 

Varying each of these four parameters 

in isolation results in 9 additional 

economic scenarios, in addition to the 

Reference case. These are listed in Table 

IV.G.4–22 below, together with two 

additional scenarios that use 

combinations of these parameters that 

together produce the lowest and highest 

benefits. 

TABLE IV.G.4–22—SENSITIVITY ANALYSES EVALUATED IN NHTSA’S FRIA 

Name Fuel price 

Discount 

rate 

(percent) 

Rebound 

effect 

(percent) 

SCC Military 

security 

Reference .................................................... AEO 20210 Reference Case ...................... 3 10 $21 0¢/gal. 

High Fuel Price ............................................ AEO 2009 High Price Case ........................ 3 10 21 0¢/gal. 

Low Fuel Price ............................................. AEO 2009 Low Price Case ......................... 3 10 21 0¢/gal. 

5% Rebound Effect ...................................... AEO 20210 Reference Case ...................... 3 5 21 0¢/gal. 

15% Rebound Effect .................................... AEO 20210 Reference Case ...................... 3 15 21 0¢/gal. 

$67/ton CO2 Value ....................................... AEO 20210 Reference Case ...................... 3 10 67 0¢/gal. 

$35/ton CO2 Value ....................................... AEO 20210 Reference Case ...................... 3 10 35 0¢/gal. 

$5/ton CO2 Value ......................................... AEO 20210 Reference Case ...................... 3 10 5 0¢/gal. 

$5/ton CO2 ................................................... AEO 20210 Reference Case ...................... 3 10 5 0¢/gal. 

5¢/gal Military Security Value ...................... AEO 20210 Reference Case ...................... 3 10 21 5¢/gal. 

Lowest Discounted Benefits ........................ AEO 2009 Low Price Case ......................... 7 15 5 0¢/gal. 

Highest Discounted Benefits ....................... AEO 2009 High Price Case ........................ 3 5 67 5¢/gal. 

The basic results of the sensitivity 

analyses were as follows: 

(1) The various economic 

assumptions have no effect on the final 

passenger car and light truck standards 

established by this rule, because these 

are determined without reference to 

economic benefits. 

(2) Varying the economic assumptions 

individually has comparatively modest 

impacts on fuel savings resulting from 

the adopted standards. The range of 

variation in fuel savings in response to 

changes in individual assumptions 

extends from a reduction of nearly 5 

percent to an increase of that same 

percentage. 

(3) The economic parameter with the 

greatest impacts on fuel savings is the 

magnitude of the rebound effect. 

Varying the rebound effect from 5 

percent to 15 percent is responsible for 

a 4.6 percent increase and 4.6 percent 

reduction in fuel savings compared to 

the Reference results. 

(4) The only other parameter that has 

a significant effect on fuel savings is 

forecast fuel prices, although its effect is 

complex because changes in fuel prices 

affect vehicle use and fuel consumption 

in both the baseline and under the final 

standards. 

(5) Variation in forecast fuel prices 

and in the value of reducing CO2

emissions have significant effects on the 

total economic benefits resulting from 

the final standards. Changing the fuel 

price forecast to AEO’s High Price 

forecast raises estimated economic 

benefits by almost 40 percent, while 

using AEO’s Low Price forecast reduces 

total economic benefits by only about 5 

percent. Raising the value of eliminating 

each ton of CO2 emissions to $67 

increases total benefits by 15 percent. 

(6) Varying all economic parameters 

simultaneously has a significant effect 

on total economic benefits. The 

combination of parameter values 

producing the highest benefits increases 

their total by slightly more than 50 

percent, while that producing the lowest 

benefits reduces their value by almost 

55 percent. However, varying these 

parameters in combination has less 

significant effects on other measures; for 

example, the high- and low-benefit 

combinations of parameter values raise 

or lower fuel savings and technology 

costs by only about 5 percent. 

For more detailed information regarding 

NHTSA’s sensitivity analyses for this 

final rule, please see Chapter X of 

NHTSA’s FRIA. 

5. How would these final standards 

impact vehicle sales? 

The effect of this rule on sales of new 

vehicles depends partly on how 

potential buyers evaluate and respond 

to its effects on vehicle prices and fuel 

economy. The rule will make new cars 

and light trucks more expensive, as 

manufacturers attempt to recover their 

costs for complying with the rule by 

raising vehicle prices, which by itself 

would discourage sales. At the same 

time, the rule will require 

manufacturers to improve the fuel 

economy of at least some of their 

models, which will lower their 

operating costs. 

However, this rule will not change the 

way that potential buyers evaluate 

improved fuel economy. If some 

consumers find it difficult to estimate 

the value of future fuel savings and 

correctly compare it with the increased 

cost of purchasing higher fuel economy 

(possibilities discussed below in Section 

IV.G.6)—or if they simply have low 

values of saving fuel—this rule will not 

change that situation, and they are 

unlikely to purchase the more fuelefficient models that manufacturers 

offer. To the extent that other consumers 

more completely or correctly account 

for the value of fuel savings and the 

costs of acquiring higher fuel economy 

in their purchasing decisions, they will 

also continue to do so, and they are 

likely to view models with improved 

fuel economy as more attractive 

purchases than currently available 

models. The effect of the rule on sales 

of new vehicles will depend on which 

form of behavior is more widespread. 

In general we would expect that the 

net effect of this rule would be to reduce 

sales of new vehicles or leave them 

unchanged. If consumers are satisfied 

with the combinations of fuel economy 

levels and prices that current models 

offer, we would expect some to decide 

that the higher prices of those models 

no longer justify purchasing them, even 

though they offer higher fuel economy. 

Other potential buyers may decide to 

purchase the same vehicle they would 

have before the rule took effect, or to 

adjust their purchases in favor of 

models offering other attributes. Thus 

sales of new models would decline, 

mstockstill on DSKB9S0YB1PROD with RULES2

25650 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 

726 Kleit, A.N. (1990). ‘‘The Effect of Annual 

Changes in Automobile Fuel Economy Standards,’’ 

Journal of Regulatory Economics, vol. 2, pp 151– 

172 (Docket EPA–HQ–OAR–2009–0472–0015); 

Bordley, R. (1994). ‘‘An Overlapping Choice Set 

Model of Automotive Price Elasticities,’’ 

Transportation Research B, vol 28B, no 6, pp 401– 

408 (Docket NHTSA–2009–0059–0153); McCarthy, 

P.S. (1996). ‘‘Market Price and Income Elasticities of 

New Vehicle Demands,’’ The Review of Economics 

and Statistics, vol. LXXVII, no. 3, pp. 543–547 

(Docket NHTSA–2009–0059–0039). 

727 Gron, Ann and Swenson, Deborah, 2000, ‘‘Cost 

Pass-Through in the U.S. Automobile Market,’’ The 

Review of Economics and Statistics, 82: 316–324. 

(Docket EPA–HQ–OAR–2009–0472–0007). 

728National average financing terms for 

automobile loans are available from the Board of 

Governors of the Federal Reserve System G.19 

‘‘Consumer Finance’’ release. See http://www.

federalreserve.gov/releases/g19/ (last accessed 

February 26, 2010). 

729 Insurance Information Institute, 2008, 

‘‘Average Expenditures for Auto Insurance By State, 

2005–2006.’’ Available at http://www.iii.org/media/ 

facts/statsbyissue/auto/ (last accessed March 15, 

2010). 

730 $29,678/$26,201 = 1.1327 * $22,651 = $25,657 

average price for light trucks. In 2006, passenger 

cars were 54 percent of the on-road fleet and light 

trucks were 46 percent of the on-road fleet, 

resulting in an average light vehicle price for 2006 

of $24,033. 

731New car loan rates in 2007 averaged about 7.8 

percent at commercial banks and 4.5 percent at auto 

finance companies, so their average is close to 7 

percent. 

regardless of whether ‘‘consumer-side’’ 

failures in the market for fuel economy 

currently lead buyers to under-invest in 

fuel economy. However, if there is some 

market failure on the producer or 

supply side that currently inhibits 

manufacturers from offering increases in 

fuel economy that would increase their 

profits—for example, if producers have 

underestimated the demand for fuel 

economy, or do not compete vigorously 

to provide as much as buyers would 

prefer—then the new standards would 

make vehicles more attractive to many 

buyers, and their sales should increase 

(potential explanations for such 

producer market failures are discussed 

in Section IV.G.6 below). 

NHTSA examined the potential 

impact of higher vehicle prices on sales 

on an industry-wide basis for passenger 

cars and light trucks separately. We note 

that the analysis conducted for this rule 

does not have the precision to examine 

effects on individual manufacturers or 

different vehicle classes. The 

methodology NHTSA used for 

estimating the impact on vehicle sales 

in effect assumes that the latter situation 

will prevail; although it is relatively 

straightforward, it relies on a number of 

simplifying assumptions. 

There is a broad consensus in the 

economic literature that the price 

elasticity for demand for automobiles is 

approximately ¥1.0.726 Thus, every one 

percent increase in the price of the 

vehicle would reduce sales by one 

percent. Elasticity estimates assume no 

perceived change in the quality of the 

product. However, in this case, vehicle 

price increases result from adding 

technologies that improve fuel 

economy. If consumers did not value 

improved fuel economy at all, and 

considered nothing but the increase in 

price in their purchase decisions, then 

the estimated impact on sales from price 

elasticity could be applied directly. 

However, NHTSA believes that 

consumers do value improved fuel 

economy, because it reduces the 

operating cost of the vehicles. NHTSA 

also believes that consumers consider 

other factors that affect their costs and 

have included these in the analysis. 

The main question, however, is how 

much of the retail price needed to cover 

the technology investments to meet 

higher fuel economy standards will 

manufacturers be able to pass on to 

consumers. The ability of manufacturers 

to pass the compliance costs on to 

consumers depends upon how 

consumers value the fuel economy 

improvements.727 The estimates 

reported below as part of NHTSA’s 

analysis on sales impacts assume that 

manufacturers will be able to pass all of 

their costs to improve fuel economy on 

to consumers. To the extent that NHTSA 

has accurately predicted the price of 

gasoline and consumers reactions, and 

manufacturers can pass on all of the 

costs to consumers, then the sales and 

employment impact analyses are 

reasonable. On the other hand, if 

manufacturers only increase retail 

prices to the extent that consumers 

value these fuel economy improvements 

(i.e., to the extent that they value fuel 

savings), then there would be no impact 

on sales, although manufacturers’ profit 

levels would fall. Sales losses are 

predicted to occur only if consumers fail 

to value fuel economy improvements at 

least as much as they pay in higher 

vehicle prices. Likewise, if fuel prices 

rise beyond levels used in this analysis, 

consumer valuation of improved fuel 

economy could potentially increase 

beyond that estimated here, which 

could result in an increase in sales 

levels. 

To estimate the average value 

consumers place on fuel savings at the 

time of purchase, NHTSA assumes that 

the average purchaser considers the fuel 

savings they would receive over a 5 year 

time frame. NHTSA chose 5 years 

because this is the average length of 

time of a financing agreement.728 The 

present values of these savings were 

calculated using a 3 percent discount 

rate. NHTSA used a fuel price forecast 

that included taxes, because this is what 

consumers must pay. Fuel savings were 

calculated over the first 5 years and 

discounted back to a present value. 

NHTSA believes that consumers may 

consider several other factors over the 5 

year horizon when contemplating the 

purchase of a new vehicle. NHTSA 

added these factors into the calculation 

to represent how an increase in 

technology costs might affect 

consumers’ buying considerations. 

First, consumers might consider the 

sales taxes they have to pay at the time 

of purchasing the vehicle. NHTSA took 

sales taxes in 2007 by state and 

weighted them by population by state to 

determine a national weighted-average 

sales tax of 5.5 percent. 

Second, NHTSA considered insurance 

costs over the 5 year period. More 

expensive vehicles will require more 

expensive collision and comprehensive 

(e.g., theft) car insurance. The increase 

in insurance costs is estimated from the 

average value of collision plus 

comprehensive insurance as a 

proportion of average new vehicle price. 

Collision plus comprehensive insurance 

is the portion of insurance costs that 

depend on vehicle value. The Insurance 

Information Institute provides the 

average value of collision plus 

comprehensive insurance in 2006 as 

$448.729 This is compared to an average 

price for light vehicles of $24,033 for 

2006.730 Average prices and estimated 

sales volumes are needed because price 

elasticity is an estimate of how a percent 

increase in price affects the percent 

decrease in sales. 

Dividing the insurance cost by the 

average price of a new vehicle gives the 

proportion of comprehensive plus 

collision insurance as 1.86 percent of 

the price of a vehicle. If we assume that 

this premium is proportional to the new 

vehicle price, it represents about 1.86 

percent of the new vehicle price and 

insurance is paid each year for the five 

year period we are considering for 

payback. Discounting that stream of 

insurance costs back to present value 

indicates that the present value of the 

component of insurance costs that vary 

with vehicle price is equal to 8.5 

percent of the vehicle’s price at a 3 

percent discount rate. 

Third, NHTSA considered that 70 

percent of new vehicle purchasers take 

out loans to finance their purchase. The 

average new vehicle loan is for 5 years 

at a 6 percent rate.731 At these terms, the 

average person taking a loan will pay 16 

percent more for their vehicle over the 

5 years than a consumer paying cash for 

mstockstill on DSKB9S0YB1PROD with RULES2

Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 25651 

732Based on http://www.bankrate.com auto loan 

calculator for a 5 year loan at 6 percent. 

733For a 3 percent discount rate, the summation 

of 3.2 percent × 0.9853 in year one, 3.2 × 0.9566 

in year two, 3.2 × 0.9288 in year three, 3.2 × 0.9017 

in year 4, and 3.2 × 0.8755 in year five. 

734Consumer Reports, August 2008, ‘‘What That 

Car Really Costs to Own.’’ Available at http://www.

consumerreports.org/cro/cars/pricing/what-thatcar-really-costs-to-own-4-08/overview/what-that-car

-really-costs-to-own-ov.htm (last accessed February 

26, 2010). 

the vehicle at the time of purchase.732

Discounting the additional 3.2 percent 

(16 percent/5 years) per year over the 5 

years using a 3 percent mid-year 

discount rate 733 results in a discounted 

present value of 14.87 percent higher for 

those taking a loan. Multiplying that by 

the 70 percent of consumers who take 

out a loan means that the average 

consumer would pay 10.2 percent more 

than the retail price for loans the 

consumer discounted at a 3 percent 

discount rate. 

Fourth, NHTSA considered the 

residual value (or resale value) of the 

vehicle after 5 years and expressed this 

as a percentage of the new vehicle price. 

In other words, if the price of the 

vehicle increases due to fuel economy 

technologies, the resale value of the 

vehicle will go up proportionately. The 

average resale price of a vehicle after 5 

years is about 35 percent of the original 

purchase price.734 Discounting the 

residual value back 5 years using a 3 

percent discount rate (35 percent * 

.8755) gives an effective residual value 

at new of 30.6 percent. 

NHTSA then adds these four factors 

together. At a 3 percent discount rate, 

the consumer considers she could get 

30.6 percent back upon resale in 5 years, 

but will pay 5.5 percent more for taxes, 

8.5 percent more in insurance, and 10.2 

percent more for loans, results in a 6.48 

percent return on the increase in price 

for fuel economy technology. Thus, the 

increase in price per vehicle is 

multiplied by 0.9352 (1¥0.0648) before 

subtracting the fuel savings to determine 

the overall net consumer valuation of 

the increase of costs on her purchase 

decision. 

The following table shows the 

estimated impact on sales for passenger 

cars, light trucks, and both combined for 

the final standards. For all model years 

except MY 2012, NHTSA anticipates an 

increase in sales, based on consumers 

valuing the improvement in fuel 

economy more than the increase in 

price. 

TABLE IV.G.5–1—POTENTIAL IMPACT ON SALES, PASSENGER CARS AND LIGHT TRUCKS, AND COMBINED

MY 2012 MY 2013 MY 2014 MY 2015 MY 2016 

Passenger Cars ................................................................... ¥65,202 46,801 103,422 168,334 227,039 

Light Trucks ......................................................................... 48,561 106,658 139,893 171,920 213,868 

Combined ...................................................................... ¥16,641 153,459 243,315 340,255 440,907 

The estimates provided in the tables 

above are meant to be illustrative rather 

than a definitive prediction. When 

viewed at the industry-wide level, they 

give a general indication of the potential 

impact on vehicle sales. As shown 

below, the overall impact is positive and 

growing over time for both cars and 

trucks. Because the fuel savings 

associated with this rule are expected to 

exceed the technology costs, the 

effective prices of vehicles (the adjusted 

increase in technology cost less the fuel 

savings over five years) to consumers 

will fall, and consumers will buy more 

new vehicles. As a result, the lower net 

cost of the vehicles is projected to lead 

to an increase in sales for both cars and 

trucks. 

As discussed above, this result 

depends on the assumption that more 

fuel efficient vehicles yielding net 

consumer benefits over their first five 

years would not otherwise be offered, 

due to market failures on the part of 

vehicle manufacturers. However, 

vehicle models that achieve the fuel 

economy targets prescribed by today’s 

rulemaking are already available, and 

consumers do not currently purchase a 

combination of them that meets the fuel 

economy levels this rule requires. This 

suggests that the rule may not result in 

an increase in vehicle sales, because it 

does not alter how consumers currently 

make decisions about which models to 

purchase. In addition, this analysis has 

not accounted for a number of factors 

that might affect consumer vehicle 

purchases, such as changing market 

conditions, changes in vehicle 

characteristics that might accompany 

improvements in fuel economy, or 

consumers considering a different 

‘‘payback period’’ for their fuel economy 

purchases. If consumers use a shorter 

payback period, sales will increase by 

less than estimated here, and might 

even decline, while if consumers use 

longer payback periods, the increase in 

sales is likely to be larger than reported. 

In addition, because this is an aggregate 

analysis some individual consumers 

(including those who drive less than 

estimated here) will receive lower net 

benefits from the increase n fuel 

economy this rule requires, while others 

(who drive more than estimated here) 

will realize even greater savings. These 

complications—which have not been 

taken into account in our analysis—add 

considerable uncertainty to our 

estimates of changes in vehicle sales 

resulting from this rule. 

6. Potential Unquantified Consumer 

Welfare Impacts of the Final Standards 

The underlying goal of the CAFE and 

GHG standards is to increase social 

welfare, in the broadest sense, and as 

shown in earlier sections, NHTSA 

projects that the MY 2012–2016 CAFE 

standards will yield large net social 

benefits. In its net benefits analysis, 

NHTSA made every attempt to include 

all of the costs and benefits that could 

be identified and quantified. 

It is important to highlight several 

features of the rulemaking analysis that 

NHTSA believes gives high confidence 

to its conclusion that there are large net 

social benefits from these standards. 

First, the agencies adopted footprintbased standards in large part so that the 

full range of vehicle choices in the 

marketplace could be maintained. 

Second, the agencies performed a 

rigorous technological feasibility, cost, 

and leadtime analysis that showed that 

the standards could be met while 

maintaining current levels of other 

vehicle attributes such as safety, utility, 

and performance. Third, widespread 

automaker support for the standards, in 

conjunction with the future product 

plans that have been provided by 

automakers to the agencies and recent 

industry announcements on new 

product offerings, provides further 

indication that the standards can be met 

while retaining the full spectrum of 

vehicle choices. 

Notwithstanding these points, and its 

high degree of confidence that the 

benefits amply justify the costs, NHTSA 

recognizes the possibility of consumer 

welfare impacts that are not accounted 

for in its analysis of benefits and costs 

mstockstill on DSKB9S0YB1PROD with RULES2

25652 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 

from higher CAFE standards. The 

agencies received public comments 

expressing diverging views on this 

issue. The majority of commenters 

suggested that potential losses in 

welfare from requiring higher fuel 

economy were unlikely to be a 

significant concern, because of the many 

imperfections in the market for fuel 

economy. In contrast, other comments 

suggested that potential unidentified 

and unquantified consumer welfare 

losses could be large. Acknowledging 

the comments, the FRIA provides a 

sensitivity analysis showing how 

various levels of unidentified consumer 

welfare losses would affect the projected 

net social benefits from the CAFE 

standards established by this final rule. 

There are two viewpoints for 

evaluating the costs and benefits of the 

increase in CAFE standards: The private 

perspective of vehicle buyers 

themselves on the higher fuel economy 

levels that the rule would require, and 

the economy-wide or ‘‘social’’ 

perspective on the costs and benefits of 

requiring higher fuel economy. It is 

important, in short, to distinguish 

between costs and benefits that are 

‘‘private’’ and costs and benefits that are 

‘‘social.’’ The agency’s analysis of 

benefits and costs from requiring higher 

fuel efficiency, presented above, 

includes several categories of benefits 

(‘‘social benefits’’) that are not limited to 

automobile purchasers and that extend 

throughout the U.S. economy, such as 

reductions in the energy security costs 

associated with U.S. petroleum imports 

and in the economic damages expected 

to result from climate change. In 

contrast, other categories of benefits— 

principally the economic value of future 

fuel savings projected to result from 

higher fuel economy—will be 

experienced exclusively by the initial 

purchasers and subsequent owners of 

vehicle models whose fuel economy 

manufacturers elect to improve as part 

of their strategies for complying with 

higher CAFE standards (‘‘private 

benefits’’). 

Although the economy-wide or 

‘‘social’’ benefits from requiring higher 

fuel economy represent an important 

share of the total economic benefits 

from raising CAFE standards, NHTSA 

estimates that benefits to vehicle buyers 

themselves will significantly exceed the 

costs of complying with the stricter fuel 

economy standards this rule establishes, 

as shown above. Since the agency also 

assumes that the costs of new 

technologies manufacturers will employ 

to improve fuel economy will ultimately 

be shifted to vehicle buyers in the form 

of higher purchase prices, NHTSA 

concludes that the benefits to vehicle 

buyers from requiring higher fuel 

efficiency will far outweigh the costs 

they will be required to pay to obtain it. 

However, this raises the question of why 

current purchasing patterns do not 

already result in higher average fuel 

economy, and why stricter fuel 

efficiency standards should be 

necessary to achieve that goal. 

As an illustration, Table IV.G.6–1 

reports the agency’s estimates of the 

average lifetime values of fuel savings 

for MY 2012–2016 passenger cars and 

light trucks calculated using future 

retail fuel prices, which are those likely 

to be used by vehicle buyers to project 

the value of fuel savings they expect 

from higher fuel economy. The table 

compares NHTSA’s estimates of the 

average lifetime value of fuel savings for 

cars and light trucks to the price 

increases it projects to result as 

manufacturers attempt to recover their 

costs for complying with increased 

CAFE standards for those model years 

by increasing vehicle sales prices. As 

the table shows, the agency’s estimates 

of the present value of lifetime fuel 

savings (discounted using the OMBrecommended 3% rate) substantially 

outweigh projected vehicle price 

increases for both cars and light trucks 

in every model year, even under the 

assumption that all of manufacturers’ 

technology outlays are passed on to 

buyers in the form of higher selling 

prices for new cars and light trucks. By 

model year 2016, NHTSA projects that 

average lifetime fuel savings will exceed 

the average price increase by more than 

$2,000 for cars, and by more than $2,700 

for light trucks. 

TABLE IV.G.6–1—VALUE OF LIFETIME FUEL SAVINGS VS. VEHICLE PRICE INCREASES

Fleet Measure 

Model year 

2012 2013 2014 2015 2016 

Passenger Cars .. Value of Fuel Savings ......................... $759 $1,349 $1,914 $2,480 $2,932 

Average Price Increase ...................... 505 573 690 799 907 

Difference ..................................... 255 897 1,264 1,680 2,025 

Light Trucks ........ Value of Fuel Savings ......................... 828 1,634 2,277 2,887 3,700 

Average Price Increase ...................... 322 416 621 752 961 

Difference ..................................... 506 1,218 1,656 2,135 2,739 

The comparisons above immediately 

raise the question of why current 

vehicle purchasing patterns do not 

already result in average fuel economy 

levels approaching those that this rule 

would require, and why stricter CAFE 

standards should be necessary to 

increase the fuel economy of new cars 

and light trucks. They also raise the 

question of why manufacturers do not 

elect to provide higher fuel economy 

even in the absence of increases in 

CAFE standards, since the comparisons 

in Table IV.G.6–1 suggest that doing so 

would increase the value of many new 

vehicle models by far more than it 

would raise the cost of producing them 

(and thus raise their purchase prices), 

thus presumably increasing sales of new 

vehicles. More specifically, why would 

potential buyers of new vehicles 

hesitate to make investments in higher 

fuel economy that would produce the 

substantial economic returns illustrated 

by the comparisons presented in Table 

IV.G.6–1? And why would 

manufacturers voluntarily forego 

opportunities to increase the 

attractiveness, value, and competitive 

positioning of their car and light truck 

models by improving their fuel 

economy? 

The majority of comments received on 

this topic answered these questions by 

pointing out many reasons why the 

market for vehicle fuel economy does 

not appear to work perfectly, and 

accordingly, that properly designed 

CAFE standards would be expected to 

increase consumer welfare. Some of 

these imperfections might stem from 

standard market failures (such as an 

absence of adequate information on the 

part of consumers); some of them might 

involve findings in behavioral 

mstockstill on DSKB9S0YB1PROD with RULES2

Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 25653 

735 Jaffe, A. B., and Stavins, R. N. (1994). The 

Energy Paradox and the Diffusion of Conservation 

Technology. Resource and Energy Economics, 16(2); 

see Hunt Alcott and Nathan Wozny, Gasoline 

Prices, Fuel Economy, and the Energy Paradox 

(2010, available at http://web.mit.edu/allcott/www/ 

Allcott%20and%20Wozny%202010%20- 

%20Gasoline%20Prices,%

20Fuel%20Economy,%20and%20the%

20Energy%20Paradox.pdf. 

736Hossain, Janjim, and John Morgan (2009). 

‘‘ * * * Plus Shipping and Handling: Revenue 

(Non)Equivalence in Field Experiments on eBay,’’ 

Advances in Economic Analysis and Policy vol. 6; 

Barber, Brad, Terrence Odean, and Lu Zheng (2005). 

‘‘Out of Sight, Out of Mind: The Effects of Expenses 

on Mutual Fund Flows,’’ Journal of Business vol. 78, 

no. 6, pp. 2095–2020. 

737 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. Surprisingly, the authors find that 

uncertainty regarding the future price of gasoline 

appears to be less important than uncertainty 

surrounding the expected lifetimes of new vehicles. 

(Docket NHTSA–2009–0059–0154). 

738See Alcott and Wozny. 

739Larrick, R. P., and J.B. Soll (2008). ‘‘The MPG 

illusion.’’ Science 320: 1593–1594. 

740Sanstad, A., and R. Howarth (1994). ‘‘ ‘Normal’ 

Markets, Market Imperfections, and Energy 

Efficiency.’’ Energy Policy 22(10): 811–818. 

741 Greene, David L., ‘‘How Consumers Value Fuel 

Economy: A Literature Review,’’ Draft report to U.S. 

Environmental Protection Agency, Oak Ridge 

National Laboratory, December 29, 2009; see Table 

10, p. 37. 

See also David Greene and Jin-Tan Liu (1988). 

‘‘Automotive Fuel Economy Improvements and 

Consumers’ Surplus.’’ Transportation Research Part 

A 22A(3): 203–218 (Docket EPA–HQ–OAR–2009– 

0472–0045). The study actually calculated the 

willingness to pay for reduced vehicle operating 

costs, of which vehicle fuel economy is a major 

component. 

economics (including, for example, a 

lack of sufficient consumer attention to 

long-term savings, or a lack of salience, 

to consumers at the time of purchase, of 

relevant benefits, including fuel and 

time savings). Both theoretical and 

empirical research suggests that many 

consumers do not make energy-efficient 

investments even when those 

investments would pay off in the 

relatively short-term.735 This research is 

in line with related findings that 

consumers may underweigh benefits 

and costs that are less salient or that 

will be realized only in the future.736

Existing work provides support for 

the agency’s conclusion that the benefits 

buyers will receive from requiring 

manufacturers to increase fuel economy 

far outweigh the costs they will pay to 

acquire those benefits, by identifying 

aspects of normal behavior that may 

explain buyers’ current reluctance to 

purchase vehicles whose higher fuel 

economy appears to offer an attractive 

economic return. For example, 

consumers’ understandable aversion to 

the prospect of losses (‘‘loss aversion’’) 

may produce an exaggerated sense of 

uncertainty about the value of future 

fuel savings, making consumers 

reluctant to purchase a more fuelefficient vehicle seem unattractive, even 

when doing so is likely to be a sound 

economic decision. Compare the finding 

in Greene et al. (2009) to the effect that 

the expected net present value of 

increasing the fuel economy of a 

passenger car from 28 to 35 miles per 

gallon falls from $405 when calculated 

using standard net present value 

calculations, to nearly zero when 

uncertainty regarding future cost 

savings is taken into account.737

The well-known finding that as gas 

prices rise, consumers show more 

willingness to pay for fuel-efficient 

vehicles is not inconsistent with the 

possibility that many consumers 

undervalue gasoline costs and fuel 

economy at the time of purchase. In 

ordinary circumstances, such costs may 

be a relatively ‘‘shrouded’’ attribute in 

consumers’ decisions, in part because 

the savings are cumulative and extend 

over a significant period of time. This 

claim fits well with recent findings to 

the effect that many consumers are 

willing to pay less than $1 upfront to 

obtain a $1 benefit reduction in 

discounted gasoline costs.738

Some research suggests that the 

consumers’ apparent unwillingness to 

purchase more fuel efficient vehicles 

stems from their inability to value future 

fuel savings correctly. For example, 

Larrick and Soll (2008) find evidence 

that consumers do not understand how 

to translate changes in fuel economy, 

which is denominated in miles per 

gallon, into resulting changes in fuel 

consumption, measured in gallons per 

time period.739 Sanstad and Howarth 

(1994) argue that consumers resort to 

imprecise but convenient rules of thumb 

to compare vehicles that offer different 

fuel economy ratings, and that this 

behavior can cause many buyers to 

underestimate the value of fuel savings, 

particularly from significant increases in 

fuel economy.740 If the behavior 

identified in these studies is 

widespread, then the agency’s estimates 

suggesting that the benefits to vehicle 

owners from requiring higher fuel 

economy significantly exceed the costs 

of providing it are indeed likely to be 

correct. 

Another possible reconciliation of the 

agency’s claim that the average vehicle 

buyer will experience large fuel savings 

from the higher CAFE standards this 

rule establishes with the fact that the 

average fuel economy of vehicles 

currently purchased falls well short of 

the new standards is that the values of 

future savings from higher fuel economy 

vary widely across consumers. As an 

illustration, one recent review of 

consumers’ willingness to pay for 

improved fuel economy found estimates 

that varied from less than 1% to almost 

ten times the present value of the 

resulting fuel savings when those are 

discounted at 7% over the vehicle’s 

expected lifetime.741 The wide variation 

in these estimates undoubtedly reflects 

methodological and measurement 

differences among the studies surveyed. 

However, it may also reveal that the 

expected savings from purchasing a 

vehicle with higher fuel economy vary 

widely among individuals, because they 

travel different amounts, have different 

driving styles, or simply have varying 

expectations about future fuel prices. 

These differences reflect the 

possibility that many buyers with high 

valuations of increased fuel economy 

already purchase vehicle models that 

offer it, while those with lower values 

of fuel economy emphasize other 

vehicle attributes in their purchasing 

decisions. A related possibility is that 

because the effects of differing fuel 

economy levels are relatively modest 

when compared to those provided by 

other, more prominent features of new 

vehicles—passenger and cargo-carrying 

capacity, performance, safety, etc.—it is 

simply not in many shoppers’ interest to 

spend the time and effort necessary to 

determine the economic value of higher 

fuel economy, attempt to isolate the 

component of a new vehicle’s selling 

price that is related to its fuel economy, 

and compare these two. (This possibility 

is consistent with the view that fuel 

economy is a relatively ‘‘shrouded’’ 

attribute.) In either case, the agency’s 

estimates of the average value of fuel 

savings that will result from requiring 

cars and light trucks to achieve higher 

fuel economy may be correct, but those 

savings may not be large enough to lead 

a sufficient number of buyers to push 

for vehicles with higher fuel economy to 

increase average fuel economy from its 

current levels. 

Defects in the market for cars and 

light trucks could also lead 

manufacturers to undersupply fuel 

economy, even in cases where many 

buyers were willing to pay the increased 

prices necessary to provide it. 

To be sure, the relevant market, taken 

as a whole, has a great deal of 

competition. But even in those 

circumstances, there may not such 

competition with respect to all vehicle 

attributes. Incomplete or ‘‘asymmetric’’ 

access to information on vehicle 

attributes such as fuel economy— 

whereby manufacturers of new vehicles 

or sellers of used cars and light trucks 

mstockstill on DSKB9S0YB1PROD with RULES2

25654 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 

742This is the range of combined city and 

highway fuel economy levels from lowest (Toyota 

Siena 4WD) to highest (Mazda 5) available for 

model year 2010; http://www.fueleconomy.gov/feg/ 

bestworstEPAtrucks.htm (last accessed February 15, 

2010). 

743Expected lifetimes are approximately 14 years 

for cars and 16 years for light trucks. 

744Average term on new vehicle loans made by 

auto finance companies during 2009 was 62 

months; See Board of Governors of the Federal 

Reserve System, Federal Reserve Statistical Release 

G.19, Consumer Credit. Available at http://www.

federalreserve.gov/releases/g19/Current (last 

accessed March 1, 2010). 

have more complete knowledge of the 

value of purchasing higher fuel 

economy, than do potential buyers— 

may also prevents sellers of new or used 

vehicles from capturing its full value. In 

this situation, the level of fuel efficiency 

provided in the markets for new or used 

vehicles might remain persistently 

lower than that demanded by potential 

buyers (at least if they are wellinformed). 

It is also possible that deliberate 

decisions by manufacturers of cars and 

light trucks, rather than constraints on 

the combinations of fuel economy, 

carrying capacity, and performance that 

manufacturers can offer using current 

technologies, limit the range of fuel 

economy available to buyers within 

individual vehicle market segments, 

such as full-size automobiles, small 

SUVs, or minivans. As an illustration, 

once a potential buyer has decided to 

purchase a minivan, the range of fuel 

economy among current models extends 

only from 18 to 24 mpg.742

Manufacturers might make such 

decisions if they underestimate the 

premiums that shoppers in certain 

market segments are willing to pay for 

more fuel-efficient versions of the 

vehicle models they currently offer to 

prospective buyers within those 

segments. If this occurs, manufacturers 

may fail to supply levels of fuel 

efficiency as high as those buyers are 

willing to pay for, and the average fuel 

efficiency of their entire new vehicle 

fleets could remain below the levels that 

potential buyers demand and are willing 

to pay for. (Of course this possibility is 

most realistic if it is also assumed that 

buyers are imperfectly informed or if 

fuel economy savings are not 

sufficiently salient.) However, other 

commenters suggested that, if one 

assumes a perfectly functioning market, 

there must be unidentified consumer 

welfare losses that could offset the 

private fuel savings that consumers are 

currently foregoing. 

One explanation for this apparent 

paradox is that NHTSA’s estimates of 

benefits and costs from requiring 

manufacturers to improve the fuel 

efficiency of their vehicle models do not 

match potential vehicle buyers’ 

assessment of the likely benefits and 

costs from requiring higher fuel 

efficiency. This could occur because the 

agency’s underlying assumptions about 

some of the factors that affect the value 

of fuel savings differ from those made 

by potential buyers, because NHTSA 

has used different estimates for some 

components of the benefits from saving 

fuel than do buyers, or because the 

agency has failed to account for some 

potential costs of achieving higher fuel 

economy. 

For example, buyers may not value 

increased fuel economy as highly as the 

agencies’ calculations suggest, because 

they have shorter time horizons than the 

full vehicle lifetimes assumed by 

NHTSA and EPA, or because, when 

buying vehicles, they discount future 

fuel future savings using higher rates 

than those prescribed by OMB for 

evaluating Federal regulations. Potential 

buyers may also anticipate lower fuel 

prices in the future than those forecast 

by the Energy Information 

Administration, or may expect larger 

differences between vehicles rated and 

actual on-road MPG levels than the 

agencies’ estimate. 

To illustrate the first of these 

possibilities, Table IV.G.6–2 shows the 

effect of differing assumptions about 

vehicle buyers’ time horizons for 

assessing the value of future fuel 

savings. Specifically, the table compares 

the average value of fuel savings from 

purchasing a MY 2016 car or light truck 

when fuel savings are evaluated over 

different time horizons to the estimated 

increase in its price. This table shows 

that as reported previously in Table 

IV.G.6–2, when fuel savings are 

evaluated over the entire expected 

lifetime of a MY 2016 car 

(approximately 14 years) or light truck 

(about 16 years), their discounted 

present value (using the OMBrecommended 3% discount rate) 

lifetime fuel savings exceeds the 

estimated average price increase by 

more than $2,000 for cars and by more 

than $2,700 for light trucks. 

If buyers are instead assumed to 

consider fuel savings over a 10-year 

time horizon, however, the present 

value of fuel savings exceeds the 

projected price increase for a MY 2016 

car by about $1,300, and by somewhat 

more than $1,500 for a MY 2016 light 

truck. Finally, Table VI.G.6–2 shows 

that under the assumption that buyers 

consider fuel savings only over the 

length of time for which they typically 

finance new car purchases (slightly 

more than 5 years during 2009), the 

value of fuel savings exceeds the 

estimated increase in the price of a MY 

2016 car by only about $350, and the 

corresponding difference is reduced to 

slightly more than $500 for a MY 2016 

light truck. 

TABLE IV.G.6–2—VALUE OF FUEL SAVINGS VS. VEHICLE PRICE INCREASES WITH ALTERNATIVE ASSUMPTIONS ABOUT

VEHICLE BUYER TIME HORIZONS

Vehicle Measure 

Value over alternative time horizons 

Expected 

lifetime 743 10 years Average loan term 744

MY 2016 Passenger Car ................................ Fuel Savings .................................................. $2,932 $2,180 $1,254 

Price Increase ................................................ 907 907 907 

Difference ................................................ 2,025 1,273 347 

MY 2016 Light Truck ...................................... Fuel Savings .................................................. 3,700 2,508 1,484 

Price Increase ................................................ 961 961 961 

Difference ................................................ 2,739 1,547 523 

Potential vehicle buyers may also 

discount future fuel future savings using 

higher rates than those typically used to 

evaluate Federal regulations. OMB 

guidance prescribes that future benefits 

and costs of regulations that mainly 

mstockstill on DSKB9S0YB1PROD with RULES2

Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 25655 

745Office of Management and Budget, Circular A– 

4, ‘‘Regulatory Analysis,’’ September 17, 2003, 33. 

Available at http://www.whitehouse.gov/omb/

assets/regulatory_matters_pdf/a-4.pdf (last accessed 

March 1, 2010). 

746Average rate on 48-month new vehicle loans 

made by commercial banks during 2009 was 6.72%; 

See Board of Governors of the Federal Reserve 

System, Federal Reserve Statistical Release G.19, 

Consumer Credit. Available at http://www.

federalreserve.gov/releases/g19/Current (last 

accessed March 1, 2010). 

747Average rate on consumer credit card accounts 

at commercial banks during 2009 was 13.4%; See 

Board of Governors of the Federal Reserve System, 

Federal Reserve Statistical Release G.19, Consumer 

Credit. Available at http://www.federalreserve.gov/ 

releases/g19/Current (last accessed March 1, 2010). 

748 Kubik, M. (2006). Consumer Views on 

Transportation and Energy. Second Edition. 

Technical Report: National Renewable Energy 

Laboratory. Available at Docket No. NHTSA–2009– 

0059–0038. 

affect private consumption decisions, as 

will be the case if manufacturers’ costs 

for complying with higher fuel economy 

standards are passed on to vehicle 

buyers, should be discounted using a 

consumption rate of time preference.745

OMB estimates that savers currently 

discount future consumption at an 

average real or inflation-adjusted rate of 

about 3 percent when they face little 

risk about its likely level, which makes 

it a reasonable estimate of the 

consumption rate of time preference. 

However, vehicle buyers may view the 

value of future fuel savings that results 

from purchasing a vehicle with higher 

fuel economy as risky or uncertain, or 

they may instead discount future 

consumption at rates reflecting their 

costs for financing the higher capital 

outlays required to purchase more fuelefficient models. In either case, they 

may discount future fuel savings at rates 

well above the 3% assumed in NHTSA’s 

evaluation in their purchase decisions. 

Table IV.G.6–3 shows the effects of 

higher discount rates on vehicle buyers’ 

evaluation of the fuel savings projected 

to result from the CAFE standards 

established by this rule, again using MY 

2016 passenger cars and light trucks as 

an example. As Table IV.G.6–1 showed 

previously, average future fuel savings 

discounted at the OMB 3% consumer 

rate exceed the agency’s estimated price 

increases by more than $2,000 for MY 

2016 passenger cars and by more than 

$2,700 for MY 2016 light trucks. If 

vehicle buyers instead discount future 

fuel savings at the average new-car loan 

rate during 2009 (6.7%), however, these 

differences decline to slightly more than 

$1,400 for cars and $1,900 for light 

trucks, as Table IV.G.6–3 illustrates. 

This is a potentially plausible 

alternative assumption, because buyers 

are likely to finance the increases in 

purchase prices resulting from 

compliance with higher CAFE standards 

as part of the process of financing the 

vehicle purchase itself. Finally, as the 

table also shows, discounting future fuel 

savings using a consumer credit card 

rate (which averaged 13.4% during 

2009) reduces these differences to less 

than $800 for a MY 2016 passenger car 

and less than $1,100 for the typical MY 

2016 light truck. Note, however, that 

even at these higher discount rates, the 

table shows that the private net benefits 

from purchasing a vehicle with the 

average level of fuel economy this rule 

requires remains large. 

TABLE IV.G.6–3—VALUE OF FUEL SAVINGS VS. VEHICLE PRICE INCREASES WITH ALTERNATIVE ASSUMPTIONS ABOUT

CONSUMER DISCOUNT RATES

Vehicle Measure 

Value over alternative time horizons 

OMB 

consumer rate 

(3%) 

New car loan 

rate 

(6.7%) 746

OMB 

investment 

rate 

(7%) 

Consumer 

credit card 

rate 

(13.4%) 747

MY 2016 Passenger Car .................. Fuel Savings .................................... $2,932 $2,336 $2,300 $1,669 

Price Increase .................................. 907 907 907 907 

Difference .................................. 2,025 1,429 1,393 762 

MY 2016 Light Truck ........................ Fuel Savings .................................... 3,700 2,884 2,836 2,030 

Price Increase .................................. 961 961 961 961 

Difference .................................. 2,739 1,923 1,875 1,069 

Combinations of a shorter time 

horizon and a higher discount rate 

could further reduce or even eliminate 

the difference between the value of fuel 

savings and the agency’s estimates of 

increases in vehicle prices. One 

plausible combination would be for 

buyers to discount fuel savings over the 

term of a new car loan, using the 

interest rate on that loan as a discount 

rate. Doing so would reduce the amount 

by which future fuel savings exceed the 

estimated increase in the prices of MY 

2016 vehicles to about $340 for 

passenger cars and $570 for light trucks. 

Some evidence also suggests directly 

that vehicle buyers may employ 

combinations of higher discount rates 

and shorter time horizons for their 

purchase decisions; for example, 

consumers surveyed by Kubik (2006) 

reported that fuel savings would have to 

be adequate to pay back the additional 

purchase price of a more fuel-efficient 

vehicle in less than 3 years to persuade 

a typical buyer to purchase it.748 As 

these comparisons and evidence 

illustrate, reasonable alternative 

assumptions about how consumers 

might evaluate the major benefit from 

requiring higher fuel economy can 

significantly affect the benefits they 

expect to receive when they decide to 

purchase a new vehicle. 

Imaginable combinations of shorter 

time horizons, higher discount rates, 

and lower expectations about future fuel 

prices or annual vehicle use and fuel 

savings could make potential buyers 

hesitant or even unwilling to purchase 

vehicles offering the increased fuel 

economy levels this rule will require 

manufacturers to produce. At the same 

time, they might cause vehicle buyers’ 

collective assessment of the aggregate 

benefits and costs of this rule to differ 

from NHTSA’s estimates. If consumers’ 

views about critical variables such as 

future fuel prices or the appropriate 

discount rate differ sufficiently from the 

assumptions used by the agency, some 

or perhaps many potential vehicle 

buyers might conclude that the value of 

fuel savings and other benefits they will 

experience from higher fuel economy 

are not sufficient to justify the increase 

in purchase prices they expect to pay. 

This would explain why their current 

choices among available models do not 

result in average fuel economy levels 

mstockstill on DSKB9S0YB1PROD with RULES2

25656 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 

749Strictly speaking, fuel taxes represent a 

transfer of resources from consumers of fuel to 

government agencies and not a use of economic 

resources. Reducing the volume of fuel purchases 

simply reduces the value of this transfer, and thus 

cannot produce a real economic cost or benefit. 

Representing the change in fuel tax revenues in 

effect as an economy-wide cost is necessary to offset 

the portion of fuel savings included in line 1 that 

represents savings in fuel tax payments by 

consumers. This prevents the savings in tax 

revenues from being counted as a benefit from the 

economy-wide perspective. 

approaching those this rule would 

require. 

Another possibility is that achieving 

the fuel economy improvements 

required by stricter fuel economy 

standards might mean that 

manufacturers will forego planned 

future improvements in performance, 

carrying capacity, safety, or other 

features of their vehicle models that 

represent important sources of utility to 

vehicle owners. Although the specific 

economic values that vehicle buyers 

attach to individual vehicle attributes 

such as fuel economy, performance, 

passenger- and cargo-carrying capacity, 

and other sources of vehicles’ utility are 

difficult to infer from their purchasing 

decisions and vehicle prices, changes in 

vehicle attributes can significantly affect 

the overall utility that vehicles offer to 

potential buyers. Foregoing future 

improvements in these or other highlyvalued attributes could be viewed by 

potential buyers as an additional cost of 

improving fuel economy. 

As indicated in its previous 

discussion of technology costs, NHTSA 

has approached this potential problem 

by developing cost estimates for fuel 

economy-improving technologies that 

include allowances for any additional 

manufacturing costs that would be 

necessary to maintain the reference fleet 

(or baseline) levels of performance, 

comfort, capacity, or safety of light-duty 

vehicle models to which those 

technologies are applied. In doing so, 

the agency followed the precedent 

established by the 2002 NAS Report on 

improving fuel economy, which 

estimated ‘‘constant performance and 

utility’’ costs for technologies that 

manufacturers could employ to increase 

the fuel efficiency of cars or light trucks. 

Although NHTSA has revised its 

estimates of manufacturers’ costs for 

some technologies significantly for use 

in this rulemaking, these revised 

estimates are still intended to represent 

costs that would allow manufacturers to 

maintain the performance, safety, 

carrying capacity, and utility of vehicle 

models while improving their fuel 

economy. The adoption of the footprintbased standards also addresses this 

concern. 

Finally, vehicle buyers may simply 

prefer the choices of vehicle models 

they now have available to the 

combinations of price, fuel economy, 

and other attributes that manufacturers 

are likely to offer when required to 

achieve higher overall fuel economy. If 

this is the case, their choices among 

models—and even some buyers’ 

decisions about whether to purchase a 

new vehicle—will respond accordingly, 

and their responses to these new 

choices will reduce their overall 

welfare. Some may buy models with 

combinations of price, fuel efficiency, 

and other attributes that they consider 

less desirable than those they would 

otherwise have purchased, while others 

may simply postpone buying a new 

vehicle. The use of the footprint-based 

standards, the level of stringency, and 

the lead time this rule allows 

manufacturers are all intended to ensure 

that this does not occur. Although the 

potential losses in buyers’ welfare 

associated with these responses cannot 

be large enough to offset the estimated 

value of fuel savings reported in the 

agencies’ analyses, they might reduce 

the benefits from requiring 

manufacturers to achieve higher fuel 

efficiency, particularly in combination 

with the other possibilities outlined 

previously. 

As the foregoing discussion suggests, 

the agency does not have a complete 

answer to the question of why the 

apparently large differences between its 

estimates of benefits from requiring 

higher fuel economy and the costs of 

supplying it do not result in higher 

average fuel economy for new cars and 

light trucks in the absence of this rule. 

One explanation is that NHTSA’s 

estimates are reasonable, and that for 

the reasons outlined above, the market 

for fuel economy is not operating 

efficiently. NHTSA believes that the 

existing literature gives support for the 

view that because of various market 

failures (including behavioral factors, 

such as emphasis on the short-term and 

a lack of salience), there are likely to be 

substantial private gains, on net, from 

the rule, but it will continue to 

investigate new empirical literature as it 

becomes available. 

NHTSA acknowledges the possibility 

that it has incorrectly characterized the 

impact of the CAFE standards this rule 

establishes on consumers. To recognize 

this possibility, this section presents an 

alternative accounting of the benefits 

and costs of CAFE standards for MYs 

2012–2016 passenger cars and light 

trucks and discusses its implications. 

Table IV.G.6–4 displays the economic 

impacts of the rule as viewed from the 

perspective of potential buyers, and also 

reconciles the estimated net benefits of 

the rule as they are likely to be viewed 

by vehicle buyers with its net benefits 

to the economy as a whole. 

As the table shows, the total benefits 

to vehicle buyers (line 4) consist of the 

value of fuel savings at retail fuel prices 

(line 1), the economic value of vehicle 

occupants’ savings in refueling time 

(line 2), and the economic benefits from 

added rebound-effect driving (line 3). 

As the zero entries in line 5 of the table 

suggest, the agency’s estimate of the 

retail value of fuel savings reported in 

line 1 is assumed to be correct, and no 

losses in consumer welfare from 

changes in vehicle attributes (other than 

those from increases in vehicle prices) 

are assumed to occur. Thus there is no 

reduction in the total private benefits to 

vehicle owners, so that net private 

benefits to vehicle buyers (line 6) are 

equal to total private benefits (reported 

previously in line 4). 

As Table IV.G.6–4 also shows, the 

decline in fuel tax revenues (line 7) that 

results from reduced fuel purchases is 

in effect a social cost that offsets part of 

the benefits of fuel savings to vehicle 

buyers (line 1).749 Thus the sum of lines 

1 and 7 is the savings in fuel production 

costs that was reported previously as the 

value of fuel savings at pre-tax prices in 

the agency’s usual accounting of 

benefits and costs. Lines 8 and 9 of 

Table IV.G.6–4 report the value of 

reductions in air pollution and climaterelated externalities resulting from 

lower emissions during fuel production 

and consumption, while line 10 reports 

the savings in energy security 

externalities to the U.S. economy from 

reduced consumption and imports of 

crude petroleum and refined fuel. Line 

12 reports the costs of increased 

congestion delays, accidents, and noise 

that result from additional driving due 

to the fuel economy rebound effect; net 

social benefits (line 13) is thus the sum 

of the change in fuel tax revenues, the 

reduction in environmental and energy 

security externalities, and increased 

costs from added driving. 

Line 14 of Table IV.G.6–4 shows 

manufacturers’ technology outlays for 

meeting higher CAFE standards for 

passenger cars and light trucks, which 

represent the principal cost of requiring 

higher fuel economy. The net total 

benefits (line 15 of the table) resulting 

from the rule consist of the sum of 

private (line 6) and external (line 13) 

benefits, minus technology costs (line 

14); as expected, the figures reported in 

line 15 of the table are identical to those 

reported previously in the agency’s 

customary format. 

Table IV.G.6–4 highlights several 

important features of this rule’s 

mstockstill on DSKB9S0YB1PROD with RULES2

Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 25657 

economic impacts. First, comparing the 

rule’s net private (line 6) and external 

(line 13) benefits makes it clear that a 

substantial majority of the benefits from 

requiring higher fuel economy are 

experienced by vehicle buyers, with 

only a small share distributed 

throughout the remainder of the U.S. 

economy. In turn, the vast majority of 

private benefits stem from fuel savings. 

External benefits are small because the 

value of reductions in environmental 

and energy security externalities is 

almost exactly offset by the decline in 

fuel tax revenues and the increased 

costs associated with added vehicle use 

via the rebound effect of higher fuel 

economy. As a consequence, the net 

economic benefits of the rule mirror 

closely its benefits to private vehicle 

buyers and the technology costs for 

achieving higher fuel economy, again 

highlighting the importance of 

accounting for any other effects of the 

rule on the economic welfare of vehicle 

buyers. 

TABLE IV.G.6–4—PRIVATE, SOCIAL, AND TOTAL BENEFITS AND COSTS OF MY 2012–16 CAFE STANDARDS: PASSENGER

CARS PLUS LIGHT TRUCKS

Entry 

Model year 

2012 2013 2014 2015 2016 Total, 

2012–2016 

1. Value of Fuel Savings (at Retail Fuel Prices) .......... $10.5 $22.9 $32.9 $42.5 $52.7 $161.6 

2. Savings in Refueling Time ........................................ 0.7 1.4 1.9 2.5 3.0 9.4 

3. Consumer Surplus from Added Driving .................... 0.7 1.5 2.2 2.8 3.4 10.5 

4. Total Private Benefits (= 1+ 2 + 3) ........................... 11.9 25.8 37.0 47.8 59.0 181.5 

5. Reduction in Private Benefits ................................... 0.0 0.0 0.0 0.0 0.0 0.0 

6. Net Private Benefits (= 1 + 2) ................................... 11.9 25.8 37.0 47.8 59.0 181.5 

7. Change in Fuel Tax Revenues ................................. ¥1.3 ¥2.7 ¥3.8 ¥4.8 ¥5.9 ¥18.5 

8. Reduced Health Damages from Criteria Emissions 0.5 0.9 1.3 1.6 2.0 6.4 

9. Reduced Climate Damages from CO2 Emissions .... 0.9 2.0 2.9 3.8 4.8 14.5 

10. Reduced Energy Security Externalities .................... 0.5 1.2 1.6 2.1 2.5 8.0 

11. Reduction in Externalities (= 8 + 9 + 10) ................. 1.9 4.1 5.9 7.6 9.3 28.8 

12. Increased Costs of Congestion, etc ......................... ¥0.7 ¥1.3 ¥1.9 ¥2.4 ¥3.0 ¥9.4 

13. Net Social Benefits (= 7 + 11 + 12) ......................... 0.0 0.1 0.1 0.3 0.5 1.0 

14. Technology Costs ..................................................... 5.9 7.9 10.5 12.5 14.9 51.7 

15. Net Social Benefits (= 6 + 12 ¥ 14) ........................ 6.0 17.9 26.6 35.5 44.6 130.7 

As discussed in detail previously, 

NHTSA believes that the aggregate 

benefits from this rule amply justify its 

aggregate costs, but it remains possible 

that the agency has overestimated the 

value of fuel savings to buyers and 

subsequent owners of the cars and light 

trucks to which higher CAFE standards 

will apply. It is also possible that the 

agency has failed to identify and value 

reductions in consumer welfare that 

could result from buyers’ responses to 

changes in vehicle attributes that 

manufacturers make as part of their 

efforts to achieve higher fuel economy. 

To acknowledge these possibilities, 

NHTSA examines their potential impact 

on the rule’s benefits and costs, showing 

the rule’s economic impacts for MY 

2012–16 passenger cars and light trucks 

under varying theoretical assumptions 

about the agency’s potential 

overestimation of private benefits from 

higher fuel economy and the value of 

potential changes in other vehicle 

attributes. See Chapter VIII of the FRIA. 

7. What other impacts (quantitative and 

unquantifiable) will these final 

standards have? 

In addition to the quantified benefits 

and costs of fuel economy standards, the 

final standards will have other impacts 

that we have not quantified in monetary 

terms. The decision on whether or not 

to quantify a particular impact depends 

on several considerations: 

• Does the impact exist, and can the 

magnitude of the impact reasonably be 

attributed to the outcome of this 

rulemaking? 

• Would quantification help NHTSA 

and the public evaluate standards that 

may be set in rulemaking? 

• Is the impact readily quantifiable in 

monetary terms? Do we know how to 

quantify a particular impact? 

• If quantified, would the monetary 

impact likely be material? 

• Can a quantification be derived 

with a sufficiently narrow range of 

uncertainty so that the estimate is 

useful? 

NHTSA expects that this rulemaking 

will have a number of genuine, material 

impacts that have not been quantified 

due to one or more of the considerations 

listed above. In some cases, further 

research may yield estimates for future 

rulemakings. 

Technology Forcing 

The final rule will improve the fuel 

economy of the U.S. new vehicle fleet, 

but it will also increase the cost (and 

presumably, the price) of new passenger 

cars and light trucks built during MYs 

2012–2016. We anticipate that the cost, 

scope, and duration of this rule, as well 

as the steadily rising standards it 

requires, will cause automakers and 

suppliers to devote increased attention 

to methods of improving vehicle fuel 

economy. 

This increased attention will 

stimulate additional research and 

engineering, and we anticipate that, 

over time, innovative approaches to 

reducing the fuel consumption of light 

duty vehicles will emerge. Several 

commenters agreed. These innovative 

approaches may reduce the cost of the 

final rule in its later years, and also 

increase the set of feasible technologies 

in future years. 

We have attempted to estimate the 

effect of learning on known technologies 

within the period of the rulemaking. We 

have not attempted to estimate the 

extent to which not-yet-invented 

technologies will appear, either within 

the time period of the current 

rulemaking or that might be available 

after MY 2016. 

Effects on Vehicle Maintenance, 

Operation, and Insurance Costs 

Any action that increases the cost of 

new vehicles will subsequently make 

such vehicles more costly to maintain, 

repair, and insure. In general, this effect 

can be expected to be a positive linear 

function of vehicle costs. The final rule 

raises vehicle costs by over $900 by 

2016, and for some manufacturers costs 

will increase by $1,000–$1,800. 

Depending on the retail price of the 

mstockstill on DSKB9S0YB1PROD with RULES2

25658 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 

vehicle, this could represent a 

significant increase in the overall 

vehicle cost and subsequently increase 

insurance rates, operation costs, and 

maintenance costs. Comprehensive 

insurance costs are likely to be directly 

related to price increases, but liability 

premiums will go up by a smaller 

proportion because the bulk of liability 

coverage reflects the cost of personal 

injury. The impact on operation and 

maintenance costs is less clear, because 

the maintenance burden and useful life 

of each technology are not known. 

However, one of the common 

consequences of using more complex or 

innovative technologies is a decline in 

vehicle reliability and an increase in 

maintenance costs, borne, in part, by the 

manufacturer (through warranty costs, 

which are included in the indirect costs 

of production) and, in part by the 

vehicle owner. NHTSA believes that 

this effect is difficult to quantify for 

purposes of this final rule. The agency 

will analyze this issue further for future 

rulemakings to attempt to gauge its 

impact more completely. 

Effects on Vehicle Miles Traveled 

(VMT) 

While NHTSA has estimated the 

impact of the rebound effect on VMT, 

we have not estimated how a change in 

vehicle sales could impact VMT. Since 

the value of the fuel savings to 

consumers outweighs the technology 

costs, new vehicle sales are predicted to 

increase. A change in vehicle sales will 

have complicated and a hard-to-quantify 

effect on vehicle miles traveled given 

the rebound effect, the trade-in of older 

vehicles, etc. In general, overall VMT 

should not be significantly affected. 

Effect on Composition of Passenger Car 

and Light Truck Sales 

In addition, manufacturers, to the 

extent that they pass on costs to 

customers, may distribute these costs 

across their motor vehicle fleets in ways 

that affect the composition of sales by 

model. To the extent that changes in the 

composition of sales occur, this could 

affect fuel savings to some degree. 

However, NHTSA’s view is that the 

scope for compositional effects is 

relatively small, since most vehicles 

will to some extent be impacted by the 

standards. Compositional effects might 

be important with respect to compliance 

costs for individual manufacturers, but 

are unlikely to be material for the rule 

as a whole. 

NHTSA is continuing to study 

methods of estimating compositional 

effects and may be able to develop 

methods for use in future rulemakings. 

Effects on the Used Vehicle Market 

The effect of this rule on the use and 

scrappage of older vehicles will be 

related to its effects on new vehicle 

prices, the fuel efficiency of new vehicle 

models, and the total sales of new 

vehicles. Elsewhere in this analysis, 

NHTSA estimates that vehicle sales will 

increase. This would occur because the 

value of fuel savings resulting from 

improved fuel efficiency to the typical 

potential buyer of a new vehicle 

outweighs the average increase in new 

models’ costs. Under these 

circumstances, sales of new vehicles 

will rise, while scrappage rates of used 

vehicles will increase slightly. This will 

cause the ‘‘turnover’’ of the vehicle 

fleet—that is, the retirement of used 

vehicles and their replacement by new 

models—to accelerate slightly, thus 

accentuating the anticipated effect of the 

rule on fleet-wide fuel consumption and 

CO2 emissions. However, if potential 

buyers value future fuel savings 

resulting from the increased fuel 

efficiency of new models at less than the 

increase in their average selling price, 

sales of new vehicles would decline, as 

would the rate at which used vehicles 

are retired from service. This effect will 

slow the replacement of used vehicles 

by new models, and thus partly offset 

the anticipated effects of the proposed 

rules on fuel use and emissions. 

Impacts of Changing Fuel Composition 

on Costs, Benefits, and Emissions 

EPAct, as amended by EISA, creates a 

Renewable Fuels Standard that sets 

targets for greatly increased usage of 

renewable fuels over the next decade. 

The law requires fixed volumes of 

renewable fuels to be used—volumes 

that are not linked to actual usage of 

transportation fuels. 

Ethanol and biodiesel (in the required 

volumes) may increase or decrease the 

cost of blended gasoline and diesel 

depending on crude oil prices and tax 

subsidies. The potential extra cost of 

renewable fuels would be borne through 

a cross-subsidy: The price of every 

gallon of blended gasoline could rise 

sufficiently to pay for any extra cost of 

renewable fuels. However, if the price of 

fuel increases enough, the consumer 

could actually realize a savings through 

the increased usage of renewable fuels. 

The final CAFE rule, by reducing total 

fuel consumption, could tend to 

increase any necessary cross-subsidy 

per gallon of fuel, and hence raise the 

market price of transportation fuels, 

while there would be no change in the 

volume or cost of renewable fuels used. 

These effects are indirectly 

incorporated in NHTSA’s analysis of the 

proposed CAFE rule because they are 

directly incorporated in EIA’s 

projections of future gasoline and diesel 

prices in the Annual Energy Outlook, 

which incorporates in its baseline both 

a Renewable Fuel Standard and an 

increasing CAFE standard. 

The net effect of incorporating an RFS 

then might be to slightly reduce the 

benefits of the rule because affected 

vehicles might be driven slightly less, 

and because they emit slightly fewer 

greenhouse gas emissions per gallon. In 

addition there might be corresponding 

losses from the induced reduction in 

VMT. All of these effects are difficult to 

estimate, because of uncertainty in 

future crude oil prices, uncertainty in 

future tax policy, and uncertainty about 

how petroleum marketers will actually 

comply with the RFS, but they are likely 

to be small, because the cumulative 

deviation from baseline fuel 

consumption induced by the final rule 

will itself be small. 

Macroeconomic Impacts of This Rule 

The final rule will have a number of 

consequences that may have short-run 

and longer-run macroeconomic effects. 

It is important to recognize, however, 

that these effects do not represent 

benefits in addition to those resulting 

directly from reduced fuel consumption 

and emissions. Instead, they represent 

the economic effects that occur as these 

direct impacts filter through the 

interconnected markets comprising the 

U.S. economy. 

• Increasing the cost and quality (in 

the form of better fuel economy) of new 

passenger cars and light trucks will have 

ripple effects through the rest of the 

economy. Depending on the 

assumptions made, the rule could 

generate very small increases or 

declines in output. 

• Reducing consumption of imported 

petroleum should induce an increase in 

long-run output. 

• Decreasing the world price of oil 

should induce an increase in long-run 

output. 

NHTSA has not studied the 

macroeconomic effects of the final rule, 

however a discussion of the economywide impacts of this rule conducted by 

EPA is presented in Section III.H and is 

included in the docket. Although 

economy-wide models do not capture 

all of the potential impacts of this rule 

(e.g., improvements in product quality), 

these models can provide valuable 

insights on how this final rule would 

impact the U.S. economy in ways that 

extend beyond the transportation sector. 

mstockstill on DSKB9S0YB1PROD with RULES2

Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 25659 

750 49 U.S.C. 32901(a)(18). We note that the 

statute refers both to vehicles that are 4WD and to 

vehicles over 6,000 lbs GVWR as potential 

candidates for off-road capability, if they also meet 

the ‘‘significant feature * * * designed for offhighway operation’’ as defined by the Secretary. 

NHTSA would consider ‘‘AWD’’ vehicles as 4WD 

for purposes of this determination—they send 

power to all wheels of the vehicle all the time, 

while 4WD vehicles may only do so part of the 

time, which appears to make them equal candidates 

for off-road capability given other necessary 

characteristics. 

751 538 F.3d 1172 (9th Cir. 2008). 

Military Expenditures 

This analysis contains quantified 

estimates for the social cost of 

petroleum imports based on the risk of 

oil market disruption. We have not 

included estimates of monopsony 

effects or the cost of military 

expenditures associated with petroleum 

imports. 

Distributional Effects 

The final rule analysis provides a 

national-level distribution of impacts for 

gas price and similar variables. NHTSA 

also shows the effects of the EIA high 

and low gas price forecasts on the 

aggregate benefits in the sensitivity 

analysis. Generally, this rule has the 

greatest impact on those individuals 

who purchase vehicles. In terms of how 

the benefits of the rule might accrue 

differently for different consumers, 

consumers who drive more than our 

mean estimates for VMT will see more 

fuel savings, while those who drive less 

than our mean VMT estimates will see 

less fuel savings. 

H. Vehicle Classification 

Vehicle classification, for purposes of 

the CAFE program, refers to whether 

NHTSA considers a vehicle to be a 

passenger automobile or a light truck, 

and thus subject to either the passenger 

automobile or the light truck standards. 

As NHTSA explained in the MY 2011 

rulemaking, EPCA categorizes some 

light 4-wheeled vehicles as passenger 

automobiles (cars) and the balance as 

non-passenger automobiles (light 

trucks). EPCA defines passenger 

automobiles as any automobile (other 

than an automobile capable of offhighway operation) which NHTSA 

decides by rule is manufactured 

primarily for use in the transportation of 

not more than 10 individuals. EPCA 

501(2), 89 Stat. 901. NHTSA created 

regulatory definitions for passenger 

automobiles and light trucks, found at 

49 CFR part 523, to guide the agency 

and manufacturers in classifying 

vehicles. 

Under EPCA, there are two general 

groups of automobiles that qualify as 

non-passenger automobiles or light 

trucks: (1) Those defined by NHTSA in 

its regulations as other than passenger 

automobiles due to their having design 

features that indicate they were not 

manufactured ‘‘primarily’’ for 

transporting up to ten individuals; and 

(2) those expressly excluded from the 

passenger category by statute due to 

their capability for off-highway 

operation, regardless of whether they 

might have been manufactured 

primarily for passenger 

transportation.750 NHTSA’s 

classification rule directly tracks those 

two broad groups of non-passenger 

automobiles in subsections (a) and (b), 

respectively, of 49 CFR 523.5. 

For the purpose of this NPRM for the 

MYs 2012–2016 standards, EPA agreed 

to use NHTSA’s regulatory definitions 

for determining which vehicles would 

be subject to which CO2 standards. 

In the MY 2011 rulemaking, NHTSA 

took a fresh look at the regulatory 

definitions in light of several factors and 

developments: Its desire to ensure 

clarity in how vehicles are classified, 

the passage of EISA, and the Ninth 

Circuit’s decision in CBD v. NHTSA.751

NHTSA explained the origin of the 

current definitions of passenger 

automobiles and light trucks by tracing 

them back through the history of the 

CAFE program, and did not propose to 

change the definitions themselves at 

that time, because the agency concluded 

that the definitions were largely 

consistent with Congress’ intent in 

separating passenger automobiles and 

light trucks, but also in part because the 

agency tentatively concluded that doing 

so would not lead to increased fuel 

savings. However, the agency tightened 

the definitions in § 523.5 to ensure that 

only vehicles that actually have 4WD 

will be classified as off-highway 

vehicles by reason of having 4WD (to 

prevent 2WD SUVs that also come in a 

4WD ‘‘version’’ from qualifying 

automatically as ‘‘off-road capable’’ 

simply by reason of the existence of the 

4WD version). It also took this action to 

ensure that manufacturers may only use 

the ‘‘greater cargo-carrying capacity’’ 

criterion of 523.5(a)(4) for cargo vantype vehicles, rather than for SUVs with 

removable second-row seats unless they 

truly have greater cargo-carrying than 

passenger-carrying capacity ‘‘as sold’’ to 

the first retail purchaser. NHTSA 

concluded that these changes increased 

clarity, were consistent with EPCA and 

EISA, and responded to the Ninth 

Circuit’s decision with regard to vehicle 

classification. 

However, NHTSA recognizes that 

manufacturers may have an incentive to 

classify vehicles as light trucks if the 

fuel economy target for light trucks with 

a given footprint is less stringent than 

the target for passenger cars with the 

same footprint. This is often the case 

given the current fleet, due to the fact 

that the curves are based on actual fuel 

economy capabilities of the vehicles to 

which they apply. Because of 

characteristics like 4WD and towing and 

hauling capacity (and correspondingly, 

although not necessarily, heavier 

weight), the vehicles in the current light 

truck fleet are generally less capable of 

achieving higher fuel economy levels as 

compared to the vehicles in the 

passenger car fleet. 2WD SUVs are the 

vehicles that could be most readily 

redesigned so that they can be ‘‘moved’’ 

from the passenger car to the light truck 

fleet. A manufacturer could do this by 

adding a third row of seats, for example, 

or boosting GVWR over 6,000 lbs for a 

2WD SUV that already meets the ground 

clearance requirements for ‘‘off-road 

capability.’’ A change like this may only 

be possible during a vehicle redesign, 

but since vehicles are redesigned, on 

average, every 5 years, at least some 

manufacturers may choose to make such 

changes before or during the model 

years covered by this rulemaking. 

In the NPRM, in looking forward to 

model years beyond 2011 and 

considering how CAFE should operate 

in the context of the National Program 

and previously-received comments as 

requested by President Obama, NHTSA 

sought comment on the following 

potential changes to NHTSA’s vehicle 

classification system, as well as on 

whether, if any of the changes were to 

be adopted, they should be applied to 

any of the model years covered by this 

rulemaking or whether, due to lead time 

concerns, they should apply only to MY 

2017 and thereafter. 

Reclassifying minivans and other 

‘‘3-row’’ light trucks as passenger cars 

(i.e., removing 49 CFR 523.5(a)(5)): 

NHTSA has received repeated 

comments over the course of the last 

several rulemakings from environmental 

and consumer groups regarding the 

classification of minivans as light trucks 

instead of as passenger cars. 

Commenters have argued that because 

minivans generally have three rows of 

seats, are built on unibody chassis, and 

are used primarily for transporting 

passengers, they should be classified as 

passenger cars. NHTSA did not accept 

these arguments in the MY 2011 final 

rule, due to concerns that moving 

minivans to the passenger car fleet 

would lower the fuel economy targets 

for those passenger cars having 

essentially the same footprint as the 

minivans, and thus lower the overall 

fuel average fuel economy level that the 

mstockstill on DSKB9S0YB1PROD with RULES2

25660 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 

752Of the 430 light trucks models in the fleet, 175 

of these had 3 rows. 

manufacturers would need to meet. 

However, due to the new methodology 

for setting standards, the as-yetunknown fuel-economy capabilities of 

future minivans and 3-row 2WD SUVs, 

and the unknown state of the vehicle 

market (particularly for MYs 2017 and 

beyond), NHTSA did not feel that it 

could say with certainty that moving 

these vehicles could negatively affect 

potential stringency levels for either 

passenger cars or light trucks. Thus, 

although such a change would not be 

made applicable during the MY 2012– 

2016 time frame, NHTSA sought 

comment on why the agency should or 

should not consider, as part of this 

rulemaking, reclassifying minivans (and 

other current light trucks that qualify as 

such because they have three rows of 

designated seating positions as standard 

equipment) for MYs 2017 and after. 

Comments received on this issue were 

split between support and opposition. 

As perhaps expected, the Alliance, 

AIAM, NADA, Chrysler, Ford, and 

Toyota all commented in favor of 

maintaining 3-row vehicles as light 

trucks indefinitely. The Alliance and 

Chrysler stated that the existing 

definitions for light trucks are consistent 

with Congressional intent in EPCA and 

EISA, given that Congress could have 

changed the 3-row definition in passing 

EISA but did not do so. The Alliance, 

AIAM, and Chrysler also argued that the 

functional characteristics of 3-row 

vehicles do make them ‘‘truck-like,’’ 

citing their ‘‘high load characteristics’’ 

and ability to carry cargo if their seats 

are stowed or removed. Ford and Toyota 

emphasized the need for stability in the 

definitions as manufacturers adjust to 

the recent reclassification of many 2WD 

SUVs from the truck to the car fleet, and 

the Alliance argued further that moving 

the 3-row vehicles to the car fleet would 

simply deter manufacturers from 

continuing to provide them, causing 

consumers to purchase larger full-size 

vans instead and resulting in less fuel 

savings and emissions reductions. 

Toyota stated further that no significant 

changes have occurred in the 

marketplace (as in, not all 2WD SUVs 

suddenly have 3 rows) to trigger 

additional reclassification beyond that 

required by the MY 2011 final rule. 

Hyundai neither supported nor objected 

to reclassification, but requested ample 

lead time for the industry if any changes 

are eventually made. 

Other commenters favored 

reclassification of 3-row vehicles from 

the truck to the car fleet: NJ DEP 

expressed general support for 

reclassifying 3-row vehicles for MYs 

2017 and beyond, while the UCSB 

student commenters seemed to support 

reclassifying these vehicles for the 

current rulemaking. The UCSB students 

stated that EPCA/EISA properly 

distinguishes light trucks based on their 

‘‘specialized utility,’’ either their ability 

to go off-road or to transport material 

loads, but that 3-row vehicles do not 

generally have such utility as sold, and 

are clearly primarily sold and used for 

transporting passengers. The UCSB 

students suggested that reclassifying the 

3-row vehicles from the truck to the car 

fleet could help to ensure the 

anticipated levels of fuel savings by 

moving the fleet closer to the 67/33 fleet 

split assumed in the agencies’ analysis 

for MY 2016, and stated that this would 

increase fuel economy over the long 

term. The students urged NHTSA to 

look at the impact on fuel savings from 

reclassifying these vehicles for the 

model years covered by the rulemaking. 

In response, NHTSA did conduct 

such an analysis to attempt to consider 

the impact of moving these vehicles. As 

previously stated, the agency’s 

hypothesis is that moving 3-row 

vehicles from the truck to the car fleet 

will tend to bring the achieved fuel 

economy levels down in both fleets— 

the car fleet achieved levels could 

theoretically fall due to the introduction 

of many more vehicles that are 

relatively heavy for their footprint and 

thus comparatively less fuel economycapable, while the truck fleet achieved 

levels could theoretically fall due to the 

characteristics of the vehicles remaining 

in the fleet (4WDs and pickups, mainly) 

that are often comparatively less fueleconomy capable than 3-row vehicles, 

although more vehicles would be 

subject to the relatively more stringent 

passenger car standards, assuming the 

curves were not refit to the data. 

The agency first identified which 

vehicles should be moved. We 

identified all of the 3-row vehicles in 

the baseline (MY 2008) fleet,752 and 

then considered whether any could be 

properly classified as a light truck under 

a different provision of 49 CFR 523.5— 

about 40 vehicles were classifiable 

under § 523.5(b) as off-highway capable. 

The agency then transferred those 

remaining 3-row vehicles from the light 

truck to the passenger car input sheets 

for the Volpe model, re-estimated the 

gap in stringency between the passenger 

car and light truck standards, shifted the 

curves to obtain the same overall 

average required fuel economy as under 

the final standards, and ran the model 

to evaluate potential impacts (in terms 

of costs, fuel savings, etc.) of moving 

these vehicles. The results of this 

analysis may be found in the same 

location on NHTSA’s Web site as the 

results of the analysis of the final 

standards. In summary, moving the 

vehicles reduced the stringency of the 

passenger car standards by 

approximately 0.8 mpg on average for 

the five years of the rule, and reduced 

the stringency of the light truck 

standards by approximately 0.2 mpg on 

average for the five years of the rule. It 

also caused the gap between the car 

curve and the truck curve to decrease or 

narrow slightly, by 0.1 mpg. However, 

the analysis also showed that such a 

shift in 3-row vehicles could result in 

approximately 676 million fewer gallons 

of fuel consumed (equivalent to about 1 

percent of the reduction in fuel 

consumption under the final standards) 

and 7.1 mmt fewer CO2 emissions 

(equivalent to about 1 percent of the 

reduction in CO2 emissions under the 

final standards) over the lifetime of the 

MYs 2012–2016 vehicles. This result is 

attributable to slight differences (due to 

rounding precision) in the overall 

average required fuel economy levels in 

MYs 2012–2014, and to the retention of 

the relatively high lifetime mileage 

accumulation (compared to ‘‘traditional’’ 

passenger cars) of the vehicles moved 

from the light truck fleet to the 

passenger car fleet. 

The changes in overall costs and 

vehicle price did not necessarily go in 

the same direction for both fleets, 

however. Overall costs of applying 

technology for the passenger car fleet 

went up approximately $1 billion per 

year for each of MYs 2012–2016, while 

overall costs for the light truck fleet 

went down by an average of 

approximately $800 million for each 

year, such that the net effect was 

approximately $200 million additional 

spending on technology each year 

(equivalent to about 2 percent of the 

average increase in annual technology 

outlays under the final standards). 

Assuming manufacturers would pass 

that cost forward to consumers by 

increasing vehicle costs, vehicle prices 

would increase by an average of 

approximately $13 during MYs 2012– 

2016. 

However, one important point to note 

in this comparative analysis is that, due 

to time constraints, the agency did not 

attempt to refit the respective fleet target 

curves or to change the intended 

required stringency in MY 2016 of 34.1 

mpg for the combined fleets. If we had 

refitted curves following the same 

procedures described above in Section 

II, considering the vehicles in question, 

we expect that we might have obtained 

a somewhat steeper passenger car curve, 

and a somewhat flatter light truck curve. 

mstockstill on DSKB9S0YB1PROD with RULES2

Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 25661 

753Available at http://isearch.nhtsa.gov/files/

porschevrhs.html (last accessed Mar. 1, 2010). 

If so, this might have increased the gap 

in between portions of the passenger car 

and light truck curves. 

NHTSA agrees with the industry 

commenters that some degree of 

stability in the passenger car and light 

truck definitions will assist the industry 

in making the transition to the 

stringency of the new National Program, 

and therefore will not reclassify 3-row 

vehicles to the passenger car fleet for 

purposes of MYs 2012–2016. Going 

forward, the real question is how to 

balance the benefits of regulatory 

stability against the potential benefits of 

greater fuel savings if reclassification is 

determined to lead in that direction. 

NHTSA believes that this question 

merits much further analysis before the 

agency can make a decision for model 

years beyond MY 2016, and will 

provide further opportunity for public 

comment regarding that analysis prior to 

finalizing any changes in the future. 

Classifying ‘‘like’’ vehicles together: 

Many commenters objected in the 

rulemaking for the MY 2011 standards 

to NHTSA’s regulatory separation of 

‘‘like’’ vehicles. Industry commenters 

argued that it was technologically 

inappropriate for NHTSA to place 4WD 

and 2WD versions of the same SUV in 

separate classes. They argued that the 

vehicles are the same, except for their 

drivetrain features, thus giving them 

similar fuel economy improvement 

potential. They further argued that all 

SUVs should be classified as light 

trucks. Environmental and consumer 

group commenters, on the other hand, 

argued that 4WD SUVs and 2WD SUVs 

that are ‘‘off-highway capable’’ by virtue 

of a GVWR above 6,000 pounds should 

be classified as passenger cars, since 

they are primarily used to transport 

passengers. In the MY 2011 rulemaking, 

NHTSA rejected both of these sets of 

arguments. NHTSA concluded that 2WD 

SUVs that were neither ‘‘off-highway 

capable’’ nor possessed ‘‘truck-like’’ 

functional characteristics were 

appropriately classified as passenger 

cars. At the same time, NHTSA also 

concluded that because Congress 

explicitly designated vehicles with 

GVWRs over 6,000 pounds as ‘‘offhighway capable’’ (if they meet the 

ground clearance requirements 

established by the agency), NHTSA did 

not have authority to move these 

vehicles to the passenger car fleet. 

With regard to the first argument, that 

‘‘like’’ vehicles should be classified 

similarly (i.e., that 2WD SUVs should be 

classified as light trucks because, 

besides their drivetrain, they are ‘‘like’’ 

the 4WD version that qualifies as a light 

truck), NHTSA continues to believe that 

2WD SUVs that do not meet any part of 

the existing regulatory definition for 

light trucks should be classified as 

passenger cars. However, NHTSA 

recognizes the additional point raised 

by industry commenters in the MY 2011 

rulemaking that manufacturers may 

respond to this tighter classification by 

ceasing to build 2WD versions of SUVs, 

which could reduce fuel savings. In 

response to that point, NHTSA stated in 

the MY 2011 final rule that it expects 

that manufacturer decisions about 

whether to continue building 2WD 

SUVs will be driven in much greater 

measure by consumer demand than by 

NHTSA’s regulatory definitions. If it 

appears, in the course of the next 

several model years, that manufacturers 

are indeed responding to the CAFE 

regulatory definitions in a way that 

reduces overall fuel savings from 

expected levels, it may be appropriate 

for NHTSA to review this question 

again. NHTSA sought comment in the 

NPRM on how the agency might go 

about reviewing this question as more 

information about manufacturer 

behavior is accumulated, but no 

commenters really responded to this 

issue directly, although several cited the 

possibility that manufacturers might 

cease to build 2WD SUVs as a way of 

avoiding the higher passenger car curve 

targets in arguing that the agencies 

should implement backstop standards 

for all fleets. Since NHTSA has already 

stated above that it will revisit the 

backstop question as necessary in the 

future, we may as well add that we will 

consider the need to classify ‘‘like’’ 

vehicles together as necessary in the 

future. 

With regard to the second argument, 

that NHTSA should move vehicles that 

qualify as ‘‘off-highway capable’’ from 

the light truck to the passenger car fleet 

because they are primarily used to 

transport passengers, NHTSA reiterates 

that EPCA is clear that certain vehicles 

are non-passenger automobiles (i.e., 

light trucks) because of their offhighway capabilities, regardless of how 

they may be used day-to-day. 

However, NHTSA suggested in the 

NPRM that it could explore additional 

approaches, although it cautioned that 

not all could be pursued on current law. 

Possible alternative legal regimes might 

include: (a) Classifying vehicles as 

passenger cars or light trucks based on 

use alone (rather than characteristics); 

(b) removing the regulatory distinction 

altogether and setting standards for the 

entire fleet of vehicles instead of for 

separate passenger car and light truck 

fleets; or (c) dividing the fleet into 

multiple categories more consistent 

with current vehicle fleets (i.e., sedans, 

minivans, SUVs, pickup trucks, etc.). 

NHTSA sought comment on whether 

and why it should pursue any of these 

courses of action. 

Some commenters (ICCT, CBD, 

NESCAUM) did raise the issue of 

removing the regulatory distinction 

between cars and trucks and setting 

standards for the entire fleet of vehicles, 

but those commenters did not appear to 

recognize the fact that EPCA/EISA 

expressly requires that NHTSA set 

separate standards for passenger cars 

and light trucks. As the statute is 

currently written, NHTSA does not 

believe that a single standard would be 

appropriate unless the observed 

relationship between footprint and fuel 

economy of the two fleets converged 

significantly over time. Nevertheless, 

NHTSA will continue to monitor the 

issue going forward. 

Besides these issues in vehicle 

classification, NHTSA additionally 

received comments from two 

manufacturers on issues not raised by 

NHTSA in the NPRM. VW requested 

clarification with respect to how the 

agency evaluates a vehicle for off-road 

capability under 49 CFR 523.5(b)(2), 

asking the agency to measure vehicles 

with ‘‘active ride height management’’ at 

the ‘‘height setting representative of offroad operation if the vehicle has the 

capability to change ride height.’’ 

NHTSA issued an interpretation to 

Porsche in 2004 addressing this issue, 

when Porsche asked whether a drivercontrolled variable ride height 

suspension system could be used in the 

‘‘off-road’’ ride height position to meet 

the suspension parameters required for 

an off- road classification 

determination.753 Porsche argued that a 

vehicle should not need to satisfy the 

four-out-of-five criteria at all ride 

heights in order to be deemed capable 

of off-highway operation. NHTSA 

agreed that 523.5(b)(2) does not require 

a vehicle to meet four of the five criteria 

at all ride heights, but stated that a 

vehicle must meet four out of the five 

criteria in at least one ride height. The 

agency determined that it would be 

appropriate to measure the vehicle’s 

running clearance with the vehicle’s 

adjustable suspension placed in the 

position(s) intended for off-road 

operation under real-world conditions. 

Thus, NHTSA clarifies that the agency 

would consider it appropriate to 

measure vehicles for off-road capability 

at the height setting intended for offroad operation under real-world 

conditions. However, we note that 

before this question need be asked and 

answered, the vehicle must first either 

mstockstill on DSKB9S0YB1PROD with RULES2

25662 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 

754 49 CFR part 537 is authorized by 49 U.S.C. 

32907. 755 49 U.S.C. 32904(c). 

be equipped with 4WD or be rated at 

more than 6,000 pounds gross vehicle 

weight to be eligible for classification as 

a light truck under 49 CFR 523.5(b). 

The final comment on the issue of 

vehicle classification was received from 

Honda, who recommended that 

deformable aero parts, such as strakes, 

should be excluded from the ride height 

measurements that determine whether a 

vehicle qualifies as a truck for off-road 

capability. The air strakes described by 

Honda are semi-deformable parts 

similar to a mud flap that can be used 

to improve a vehicle’s aerodynamics, 

and thus to improve its fuel economy. 

Honda argued that NHTSA would deter 

the application of this technology if it 

did not agree to measure ride height 

with the air strakes at their most 

deformed state, because otherwise a 

vehicle so equipped would have to be 

classified as a passenger car and thus be 

faced with the more stringent standard. 

In response, Honda did not provide 

enough information to the agency for 

the agency to make a decision with 

regard to how air strakes should be 

considered in measuring a vehicle for 

off-road capability. NHTSA personnel 

would prefer to directly examine a 

vehicle equipped with these devices 

before considering the issue further. The 

agency will defer consideration of this 

issue to another time, and no changes 

will be made in this final rule in 

response to this comment. 

I. Compliance and Enforcement 

1. Overview 

NHTSA’s CAFE enforcement program 

and the compliance flexibilities 

available to manufacturers are largely 

established by statute—unlike the CAA, 

EPCA and EISA are very prescriptive 

and leave the agency limited authority 

to increase the flexibilities available to 

manufacturers. This was intentional, 

however. Congress balanced the energy 

saving purposes of the statute against 

the benefits of the various flexibilities 

and incentives it provided and placed 

precise limits on those flexibilities and 

incentives. For example, while the 

Department sought authority for 

unlimited transfer of credits between a 

manufacturer’s car and light truck fleets, 

Congress limited the extent to which a 

manufacturer could raise its average fuel 

economy for one of its classes of 

vehicles through credit transfer in lieu 

of adding more fuel saving technologies. 

It did not want these provisions to slow 

progress toward achieving greater 

energy conservation or other policy 

goals. In keeping with EPCA’s focus on 

energy conservation, NHTSA has done 

its best, for example, in crafting the 

credit transfer and trading regulations 

authorized by EISA, to ensure that total 

fuel savings are preserved when 

manufacturers exercise their compliance 

flexibilities. 

The following sections explain how 

NHTSA determines whether 

manufacturers are in compliance with 

the CAFE standards for each model 

year, and how manufacturers may 

address potential non-compliance 

situations through the use of 

compliance flexibilities or fine payment. 

2. How does NHTSA determine 

compliance? 

a. Manufacturer Submission of Data and 

CAFE Testing by EPA 

NHTSA begins to determine CAFE 

compliance by considering pre- and 

mid-model year reports submitted by 

manufacturers pursuant to 49 CFR part 

537, Automotive Fuel Economy 

Reports.754 The reports for the current 

model year are submitted to NHTSA 

every December and July. As of the time 

of this final rule, NHTSA has received 

pre-model year reports from 

manufacturers for MY 2010, and 

anticipates receiving mid-model year 

reports for MY 2010 in July of this year. 

Although the reports are used for 

NHTSA’s reference only, they help the 

agency, and the manufacturers who 

prepare them, anticipate potential 

compliance issues as early as possible, 

and help manufacturers plan 

compliance strategies. Currently, 

NHTSA receives these reports in paper 

form. In order to facilitate submission 

by manufacturers and consistent with 

the President’s electronic government 

initiatives, NHTSA proposed to amend 

part 537 to allow for electronic 

submission of the pre- and mid-model 

year CAFE reports. The only comments 

addressing this proposal were from 

Ferrari, who supported it in the interest 

of efficiency, and Ford, who did not 

object as long as CBI was sufficiently 

protected. Having received no 

comments objecting, NHTSA is 

finalizing this change to part 537. 

NHTSA makes its ultimate 

determination of manufacturers’ CAFE 

compliance upon receiving EPA’s 

official certified and reported CAFE 

data. The EPA certified data is based on 

vehicle testing and on final model year 

data submitted by manufacturers to EPA 

pursuant to 40 CFR 600.512, Model Year 

Report, no later than 90 days after the 

end of the calendar year. Pursuant to 49 

U.S.C. 32904(e), EPA is responsible for 

calculating automobile manufacturers’ 

CAFE values so that NHTSA can 

determine compliance with the CAFE 

standards. In measuring the fuel 

economy of passenger cars, EPA is 

required by EPCA755 to use the EPA test 

procedures in place as of 1975 (or 

procedures that give comparable 

results), which are the city and highway 

tests of today, with adjustments for 

procedural changes that have occurred 

since 1975. EPA uses similar procedures 

for light trucks, although, as noted 

above, EPCA does not require it to do 

so. 

As discussed above in Section III, a 

number of commenters raised the issue 

of whether the city and highway test 

procedures and the calculation are still 

appropriate or whether they may be 

outdated. Several commenters argued 

that the calculation should be more 

‘‘real-world’’: For example, ACEEE 

stated that EPA should use a ‘‘correction 

factor’’ like the one used for the fuel 

economy label in the interim until test 

procedures can be changed, while 

BorgWarner, Cummins, Honeywell, 

MECA, and MEMA argued that EPA 

should change the weighting of the city 

and highway cycles (to more highway 

and less city) to reflect current 

American driving patterns and to avoid 

biasing the calculation against 

technologies that provide greater 

efficiency in highway driving than in 

city driving. Sierra Club et al. 

commented that the fact that EPA was 

proposing to allow off-cycle credits 

indicated that the test procedures and 

the calculation needed updating. 

Several commenters (API, James Hyde, 

MECA, NACAA, and NY DEC) stated 

that the test procedures should use more 

‘‘real-world’’ fuel, like E–10 instead of 

‘‘indolene clear.’’ The UCSB students 

also had a number of comments aimed 

at making the test procedures more 

thorough and real-world. Several 

industry-related commenters (AIAM, 

Ferrari, and Ford) argued to the contrary 

that existing test procedures and 

calculations are fine for now, and that 

any changes would require significant 

lead time to allow manufacturers to 

adjust their plans to the new 

procedures. 

Statutorily, the decision to change the 

test procedures or calculation is within 

EPA’s discretion, so NHTSA will not 

attempt to answer these comments in 

detail, see supra Section III for EPA’s 

responses. We note simply that the 

agency recognizes the need for lead time 

for the industry if test procedures were 

to change in the future to become more 

real-world, and will keep it in mind. 

One notable shortcoming of the 1975 

test procedure is that it does not include 

mstockstill on DSKB9S0YB1PROD with RULES2

Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 25663 

a provision for air conditioner usage 

during the test cycle. As discussed in 

Section III above, air conditioner usage 

increases the load on a vehicle’s engine, 

reducing fuel efficiency and increasing 

CO2 emissions. Since the air conditioner 

is not turned on during testing, 

equipping a vehicle model with a 

relatively inefficient air conditioner will 

not adversely affect that model’s 

measured fuel economy, while 

equipping a vehicle model with a 

relatively efficient air conditioner will 

not raise that model’s measured fuel 

economy. The fuel economy test 

procedures for light trucks could be 

amended through rulemaking to provide 

for air conditioner operation during 

testing and to take other steps for 

improving the accuracy and 

representativeness of fuel economy 

measurements. In the NPRM, NHTSA 

sought comment regarding 

implementing such amendments 

beginning in MY 2017 and also on the 

more immediate interim step of 

providing credits under 49 U.S.C. 

32904(c) for light trucks equipped with 

relatively efficient air conditioners for 

MYs 2012–2016. NHTSA emphasized 

that modernizing the passenger car test 

procedures as well would not be 

possible under EPCA as currently 

written. 

Comments were split as to whether 

the test procedure should be changed. 

Several manufacturers and 

manufacturer groups (BMW, GM, 

Toyota, VW, the Alliance) opposed 

changes to the test procedures to 

account for A/C usage on the grounds 

that any changes could create negative 

unintended consequences. Public 

Citizen also opposed changes to the test 

procedure, arguing that the fuel 

economy information presented to the 

consumer on the fuel economy label is 

already confusing, and that further 

changes to the light truck test 

procedures when there was no authority 

to change the passenger car test 

procedures would simply result in more 

confusion. In contrast, NJ DEP fully 

supported changes to the light truck test 

procedures beginning with MY 2017, 

and an individual commenter (Weber) 

also supported the inclusion of A/C in 

the test procedures to represent realworld ‘‘A/C on’’ time. 

However, some of the same 

commenters—BMW, Toyota, and VW, 

for example—that opposed changes to 

the test procedure supported NHTSA 

allowing credits for A/C. Toyota stated 

that it supported anything that 

increased compliance flexibility, while 

VW emphasized that A/C credits for 

CAFE would help to address the fact 

that NHTSA’s standards could end up 

being more stringent than EPA’s for 

manufacturers relying heavily on A/C 

improvements to meet the GHG 

standards. NJ DEP also supported 

interim A/C credits for light trucks, but 

in contrast to VW, argued that the light 

truck standards would have to be made 

more stringent to account for those 

credits if they were allowed. 

Other commenters (Chrysler, Daimler, 

Ferrari) supported interim A/C credits 

for light truck CAFE, but stated that 

such credits could simply be added to 

EPA’s calculation of CAFE under 49 

U.S.C. 32904(c) without any change in 

the test procedure ever being necessary. 

Daimler stated that the prohibition on 

changing the test procedure, according 

to legislative history, was to avoid 

sudden and dramatic changes and 

provide consistency for manufacturers 

in the beginning of the CAFE program, 

but that nothing indicated that EPA was 

barred from updating the way a 

manufacturer’s fuel economy is 

calculated after the test procedures are 

followed. Daimler emphasized that EPA 

has broad authority in how it calculates 

fuel economy, and that adding credits at 

the end of the calculation would make 

CAFE more consistent with the GHG 

program and recognize real-world 

benefits not measured by the test cycle. 

Daimler argued that if EPA did not 

include A/C credits as part of the 

calculation, it would remove incentives 

to improve A/C, because those gains 

could not be used for CAFE compliance 

and NHTSA has no authority to include 

A/C in determining stringency, because 

A/C is a ‘‘parasitic load’’ that does not 

impact mpg. 

Some commenters opposed interim 

A/C credits. CARB stated that no A/C 

credits should be given under EPCA 

unless the test procedures can be 

changed to fully account for A/C and 

NHTSA is given clear authority for 

A/C, while GM stated that NHTSA’s 

authority to create additional types of 

credits must be limited by the fact that 

Congress clearly provided in EPCA for 

some types of CAFE credits but not for 

A/C-related credits for CAFE. 

NHTSA has decided not to implement 

interim A/C credits for purposes of this 

final rule and MYs 2012–2016 light 

trucks. Changes to the test procedure for 

light trucks will be considered by the 

agencies in subsequent rulemakings. 

While NHTSA agrees with 

commenters that the EPA authority to 

consider how fuel economy is 

calculated is broad, especially as to light 

trucks, we disagree that credits could 

simply be added to the CAFE 

calculation without making parallel 

changes in CAFE standard stringency to 

reflect their availability. CAFE 

stringency is determined, in part, with 

reference to the technologies available 

to manufacturers to improve mpg. If a 

technology draws power from the 

engine, like A/C, then making that 

technology more efficient to reduce its 

load on the engine will conserve fuel, 

consistent with EPCA’s purposes. 

However, as noted above, some 

technologies that improve mpg are not 

accounted for in current CAFE test 

procedures. NHTSA agrees that the test 

procedures should be updated to 

account for the real-world loads on the 

engine and their impact on fuel 

economy, but recognizes that 

manufacturers will need lead-time and 

advance notice in order to ready 

themselves for such changes and their 

impact on CAFE compliance. 

Thus, if manufacturers are able to 

achieve improvements in mpg that are 

not reflected on the test cycle, then the 

level of CAFE that they are capable of 

achieving is higher than that which 

their performance on the test cycle 

would otherwise indicate, which 

suggests, in turn, that a higher 

stringency is feasible. NHTSA has 

determined that the current CAFE levels 

being finalized today are feasible using 

traditional ‘‘tailpipe technologies’’ alone. 

If manufacturers are capable of 

improving fuel economy beyond that 

level using A/C technologies, and wish 

to receive credit for doing so, then 

NHTSA believes that more stringent 

CAFE standards would need to be 

established. Not raising CAFE could 

allow manufacturers to leave tailpipe 

technology on the table and make 

cheaper A/C improvements, which 

would not result in the maximum 

feasible fuel savings contemplated by 

EPCA. 

Because raising CAFE stringency in 

conjunction with allowing A/C credits 

was not a possibility clearly 

contemplated in the NPRM, NHTSA 

does not believe that it would be within 

scope of notice for purposes of this 

rulemaking. Accordingly, the final rule 

cannot provide for interim A/C credits. 

However, if NHTSA were to allow A/C 

credits in the future, NHTSA believes it 

would be required to increase standard 

stringency accordingly, to avoid losses 

in fuel savings, as stated above. NHTSA 

will consider this approach further, 

ensuring that any changes to the 

treatment of A/C and accompanying 

changes in CAFE stringency are made 

with sufficient notice and lead-time. 

b. NHTSA Then Analyzes EPA-Certified 

CAFE Values for Compliance 

Determining CAFE compliance is 

fairly straightforward: After testing, EPA 

verifies the data submitted by 

mstockstill on DSKB9S0YB1PROD with RULES2

25664 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 

756Honeywell commented that any fines imposed 

and collected under the CAFE and GHG standards 

should be appropriated to the development of 

vehicle technologies that continue to improve fuel 

economy in the future, and that the direct 

application of the penalties collected would 

support the underlying legislative policy and drive 

innovation. While NHTSA certainly would not 

oppose such an outcome, it would lie within the 

hands of Congress and not the agency to direct the 

use of the fines in that manner. 

757 49 U.S.C. 30120, Remedies for defects and 

noncompliance. 

manufacturers and issues final CAFE 

reports to manufacturers and to NHTSA 

between April and October of each year 

(for the previous model year), and 

NHTSA then identifies the 

manufacturers’ compliance categories 

(fleets) that do not meet the applicable 

CAFE fleet standards. 

To determine if manufacturers have 

earned credits that would offset those 

shortfalls, NHTSA calculates a 

cumulative credit status for each of a 

manufacturer’s vehicle compliance 

categories according to 49 U.S.C. 32903. 

If a manufacturer’s compliance category 

exceeds the applicable fuel economy 

standard, NHTSA adds credits to the 

account for that compliance category. If 

a manufacturer’s vehicles in a particular 

compliance category fall below the 

standard fuel economy value, NHTSA 

will provide written notification to the 

manufacturer that it has not met a 

particular fleet standard. The 

manufacturer will be required to 

confirm the shortfall and must either: 

Submit a plan indicating it will allocate 

existing credits, and/or for MY 2011 and 

later, how it will earn, transfer and/or 

acquire credits; or pay the appropriate 

civil penalty. The manufacturer must 

submit a plan or payment within 60 

days of receiving agency notification. 

The amount of credits are determined 

by multiplying the number of tenths of 

a mpg by which a manufacturer 

exceeds, or falls short of, a standard for 

a particular category of automobiles by 

the total volume of automobiles of that 

category manufactured by the 

manufacturer for a given model year. 

Credits used to offset shortfalls are 

subject to the three and five year 

limitations as described in 49 U.S.C. 

32903(a). Transferred credits are subject 

to the limitations specified by 49 U.S.C. 

32903(g)(3). The value of each credit, 

when used for compliance, received via 

trade or transfer is adjusted, using the 

adjustment factor described in 49 CFR 

536.4, pursuant to 49 U.S.C. 32903(f)(1). 

Credit allocation plans received from 

the manufacturer will be reviewed and 

approved by NHTSA. NHTSA will 

approve a credit allocation plan unless 

it finds the proposed credits 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 

accordingly. If a plan is rejected, 

NHTSA will notify the respective 

manufacturer and request a revised plan 

or payment of the appropriate fine. 

In the event that a manufacturer does 

not comply with a CAFE standard, even 

after the consideration of credits, EPCA 

provides for the assessing of civil 

penalties. The Act specifies a precise 

formula for determining the amount of 

civil penalties for such a 

noncompliance. The penalty, as 

adjusted for inflation by law, is $5.50 for 

each tenth of a mpg that a 

manufacturer’s average fuel economy 

falls short of the standard for a given 

model year multiplied by the total 

volume of those vehicles in the affected 

fleet (i.e., import or domestic passenger 

car, or light truck), manufactured for 

that model year. The amount of the 

penalty may not be reduced except 

under the unusual or extreme 

circumstances specified in the statute. 

All penalties are paid to the U.S. 

Treasury and not to NHTSA itself.756

Unlike the National Traffic and Motor 

Vehicle Safety Act, EPCA does not 

provide for recall and remedy in the 

event of a noncompliance. The presence 

of recall and remedy provisions 757 in 

the Safety Act and their absence in 

EPCA is believed to arise from the 

difference in the application of the 

safety standards and CAFE standards. A 

safety standard applies to individual 

vehicles; that is, each vehicle must 

possess the requisite equipment or 

feature which must provide the 

requisite type and level of performance. 

If a vehicle does not, it is noncompliant. 

Typically, a vehicle does not entirely 

lack an item or equipment or feature. 

Instead, the equipment or features fails 

to perform adequately. Recalling the 

vehicle to repair or replace the 

noncompliant equipment or feature can 

usually be readily accomplished. 

In contrast, a CAFE standard applies 

to a manufacturer’s entire fleet for a 

model year. It does not require that a 

particular individual vehicle be 

equipped with any particular equipment 

or feature or meet a particular level of 

fuel economy. It does require that the 

manufacturer’s fleet, as a whole, 

comply. Further, although under the 

attribute-based approach to setting 

CAFE standards fuel economy targets 

are established for individual vehicles 

based on their footprints, the vehicles 

are not required to comply with those 

targets on a model-by-model or vehicleby-vehicle basis. However, as a practical 

matter, if a manufacturer chooses to 

design some vehicles so they fall below 

their target levels of fuel economy, it 

will need to design other vehicles so 

they exceed their targets if the 

manufacturer’s overall fleet average is to 

meet the applicable standard. 

Thus, under EPCA, there is no such 

thing as a noncompliant vehicle, only a 

noncompliant fleet. No particular 

vehicle in a noncompliant fleet is any 

more, or less, noncompliant than any 

other vehicle in the fleet. 

After enforcement letters are sent, 

NHTSA continues to monitor receipt of 

credit allocation plans or civil penalty 

payments that are due within 60 days 

from the date of receipt of the letter by 

the vehicle manufacturer, and takes 

further action if the manufacturer is 

delinquent in responding. 

Several commenters encouraged the 

agency to increase the transparency of 

how the agency monitors and enforces 

CAFE compliance. EDF, Public Citizen, 

Sierra Club et al., UCS, and Porsche all 

commented that NHTSA should publish 

an annual compliance report for 

manufacturers, and Porsche suggested 

that it be available online. Sierra Club 

et al. and Porsche stated that this would 

help clarify manufacturers’ credit status 

(for the benefit of the public and 

manufacturers looking to purchase 

credits, respectively) and sales, and 

Sierra Club et al. further stated that the 

agency should make public all 

information regarding credits and 

attained versus projected fleet average 

mpg levels. EDF similarly urged the 

agency to provide publicly a compliance 

report every year that would include 

any recommended adjustments to the 

program, enforcement actions, or 

prospective policy action to ensure the 

policy objectives are achieved. 

In response, NHTSA agrees that there 

could be substantial benefits to 

increasing the transparency of 

information concerning the credit 

holdings of each credit holder. Along 

with the MY 2011 final rule, NHTSA 

issued a new regulation 49 CFR part 536 

to implement the new CAFE credit 

trading and transfer programs 

authorized by EISA. Paragraph 536.5(e) 

requires that we periodically publish 

credit holding information. NHTSA 

plans to make this information available 

to the public on the NHTSA Web site. 

The exact format that will be used to 

display this information has not been 

finalized but it is our plan to begin 

making this information available no 

later than calendar year 2011 to 

coincide with MY 2011 when 

manufacturers may begin utilizing 

credit trades and transfers. 

mstockstill on DSKB9S0YB1PROD with RULES2

Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 25665 

758 49 U.S.C. 32905(a). 

759 49 U.S.C. 32905(b). 

760 49 U.S.C. 32905(c). 

761 49 U.S.C. 32906(a). NHTSA notes that the 

incentive for dedicated alternative-fuel 

automobiles, automobiles that run exclusively on 

an alternative fuel, at 49 U.S.C. 32905(a), was not 

phased-out by EISA. 

762Congress required that DOT establish a credit 

‘‘transferring’’ regulation, to allow individual 

manufacturers to move credits from one of their 

fleets to another (e.g., using a credit earned for 

exceeding the light truck standard for compliance 

with the domestic passenger car standard). Congress 

allowed DOT to establish a credit ‘‘trading’’ 

regulation, so that credits may be bought and sold 

between manufacturers and other parties. 

763Ford and Toyota both commented on 

NHTSA’s use of the adjustment factor: Ford stated 

that it preferred a streamlined ‘‘megagrams’’ 

Continued 

3. What compliance flexibilities are 

available under the CAFE program and 

how do manufacturers use them? 

There are three basic flexibilities 

permitted by EPCA/EISA that 

manufacturers can use to achieve 

compliance with CAFE standards 

beyond applying fuel economyimproving technologies: (1) Building 

dual- and alternative-fueled vehicles; (2) 

banking, trading, and transferring 

credits earned for exceeding fuel 

economy standards; and (3) paying 

fines. We note again that while these 

flexibility mechanisms will reduce 

compliance costs to some degree for 

most manufacturers, 49 U.S.C. 32902(h) 

expressly prohibits NHTSA from 

considering the availability of credits 

(either for building dual- or alternativefueled vehicles or from accumulated 

transfers or trades) in determining the 

level of the standards. Thus, NHTSA 

may not raise CAFE standards because 

manufacturers have enough credits to 

meet higher standards. This is an 

important difference from EPA’s 

authority under the CAA, which does 

not contain such a restriction, and 

which allows EPA to set higher 

standards as a result. 

a. Dual- and Alternative-Fueled 

Vehicles 

As discussed at length in prior 

rulemakings, EPCA encourages 

manufacturers to build alternativefueled and dual- (or flexible-) fueled 

vehicles by providing special fuel 

economy calculations for ‘‘dedicated’’ 

(that is, 100 percent) alternative fueled 

vehicles and ‘‘dual-fueled’’ (that is, 

capable of running on either the 

alternative fuel or gasoline) vehicles. 

The fuel economy of a dedicated 

alternative fuel vehicle is determined by 

dividing its fuel economy in equivalent 

miles per gallon of gasoline or diesel 

fuel by 0.15.758 Thus, a 15 mpg 

dedicated alternative fuel vehicle would 

be rated as 100 mpg. For dual-fueled 

vehicles, the rating is the average of the 

fuel economy on gasoline or diesel and 

the fuel economy on the alternative fuel 

vehicle divided by 0.15.759

For example, this calculation 

procedure turns a dual-fueled vehicle 

that averages 25 mpg on gasoline or 

diesel into a 40 mpg vehicle for CAFE 

purposes. This assumes that (1) the 

vehicle operates on gasoline or diesel 50 

percent of the time and on alternative 

fuel 50 percent of the time; (2) fuel 

economy while operating on alternative 

fuel is 15 mpg (15/.15 = 100 mpg); and 

(3) fuel economy while operating on gas 

or diesel is 25 mpg. Thus: 

CAFE FE = 1/{0.5/(mpg gas) + 0.5/(mpg 

alt fuel)} = 1/{0.5/25 + 0.5/100} = 

40 mpg 

In the case of natural gas, the 

calculation is performed in a similar 

manner. The fuel economy is the 

weighted average while operating on 

natural gas and operating on gas or 

diesel. The statute specifies that 100 

cubic feet (ft3) of natural gas is 

equivalent to 0.823 gallons of gasoline. 

The gallon equivalency of natural gas is 

equal to 0.15 (as for other alternative 

fuels).760 Thus, if a vehicle averages 25 

miles per 100 ft3 of natural gas, then: 

CAFE FE = (25/100) * (100/.823)*(1/ 

0.15) = 203 mpg 

Congress extended the incentive in 

EISA for dual-fueled automobiles 

through MY 2019, but provided for its 

phase out between MYs 2015 and 

2019.761 The maximum fuel economy 

increase which may be attributed to the 

incentive is thus as follows: 

Model year mpg 

increase 

MYs 1993–2014 ......................... 1 .2 

MY 2015 ..................................... 1 .0 

MY 2016 ..................................... 0 .8 

MY 2017 ..................................... 0 .6 

MY 2018 ..................................... 0 .4 

MY 2019 ..................................... 0 .2 

After MY 2019 ............................ 0 

49 CFR part 538 implements the 

statutory alternative-fueled and dualfueled automobile manufacturing 

incentive. NHTSA updated part 538 as 

part of this final rule to reflect the EISA 

changes extending the incentive to MY 

2019, but to the extent that 49 U.S.C. 

32906(a) differs from the current version 

of 49 CFR 538.9, the statute supersedes 

the regulation, and regulated parties 

may rely on the text of the statute. 

A major difference between EPA’s 

statutory authority and NHTSA’s 

statutory authority is that the CAA 

contains no specific prescriptions with 

regard to credits for dual- and 

alternative-fueled vehicles comparable 

to those found in EPCA/EISA. As an 

exercise of that authority, and as 

discussed in Section III above, EPA is 

offering similar credits for dual- and 

alternative-fueled vehicles through MY 

2015 for compliance with its CO2

standards, but for MY 2016 and beyond 

EPA will establish CO2 emission levels 

for alternative fuel vehicles based on 

measurement of actual CO2 emissions 

during testing, plus a manufacturer 

demonstration that the vehicles are 

actually being run on the alternative 

fuel. The manufacturer would then be 

allowed to weight the gasoline and 

alternative fuel test results based on the 

proportion of actual usage of both fuels, 

as discussed above in Section III. 

NHTSA has no such authority under 

EPCA/EISA to require that vehicles 

manufactured for the purpose of 

obtaining the credit actually be run on 

the alternative fuel, but requested 

comment in the NPRM on whether it 

should seek legislative changes to revise 

its authority to address this issue. 

NHTSA received only one comment 

on this issue: VW commented that 

NHTSA should not seek a change in its 

authority, because Congress’ intent for 

NHTSA is already clear. VW did, 

however, encourage NHTSA to include 

the statutory FFV credit phase-out in 

Part 538, which the agency is doing. 

b. Credit Trading and Transfer 

As part of the MY 2011 final rule, 

NHTSA established Part 536 for credit 

trading and transfer. Part 536 

implements the provisions in EISA 

authorizing NHTSA to establish by 

regulation a credit trading program and 

directing it to establish by regulation a 

credit transfer program.762 Since its 

enactment, EPCA has permitted 

manufacturers to earn credits for 

exceeding the standards and to carry 

those credits backward or forward. EISA 

extended the ‘‘carry-forward’’ period 

from three to five model years, and left 

the ‘‘carry-back’’ period at three model 

years. Under part 536, credit holders 

(including, but not limited to, 

manufacturers) will have credit 

accounts with NHTSA, and will be able 

to hold credits, use them to achieve 

compliance with CAFE standards, 

transfer them between compliance 

categories, or trade them. A credit may 

also be cancelled before its expiry date, 

if the credit holder so chooses. Traded 

and transferred credits are subject to an 

‘‘adjustment factor’’ to ensure total oil 

savings are preserved, as required by 

EISA.763 EISA also prohibits credits 

mstockstill on DSKB9S0YB1PROD with RULES2

25666 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 

approach like EPA was proposing, while Toyota 

stated that NHTSA and EPA should use consistent 

VMT estimates for purposes of all analysis and for 

use in the adjustment factor. In response to Ford, 

NHTSA is maintaining use of the adjustment factor 

just finalized last March, which uses mpg rather 

than gallons or grams and is thus consistent with 

the rest of the CAFE program. In response to 

Toyota, NHTSA agrees that consistency of VMT 

estimates should be maintained and will revise the 

adjustment factor as necessary. 

764 In contrast, manufacturers stated in comments 

in NHTSA’s MY 2011 rulemaking that they did not 

anticipate a robust market for credit trading, due to 

competitive concerns. NHTSA does not yet know 

whether those concerns will continue to deter 

manufacturers from exercising the trading 

flexibility during MYs 2012–2016. 

earned before MY 2011 from being 

transferred, so NHTSA has developed 

several regulatory restrictions on trading 

and transferring to facilitate Congress’ 

intent in this regard. EISA also 

establishes a ‘‘cap’’ for the maximum 

increase in any compliance category 

attributable to transferred credits: For 

MYs 2011–2013, transferred credits can 

only be used to increase a 

manufacturer’s CAFE level in a given 

compliance category by 1.0 mpg; for 

MYs 2014–2017, by 1.5 mpg; and for 

MYs 2018 and beyond, by 2.0 mpg. 

NHTSA recognizes that some 

manufacturers may have to rely on 

credit transferring for compliance in 

MYs 2012–2017.764 As a way to improve 

the transferring flexibility mechanism 

for manufacturers, NHTSA interprets 

EISA not to prohibit the banking of 

transferred credits for use in later model 

years. Thus, NHTSA believes that the 

language of EISA may be read to allow 

manufacturers to transfer credits from 

one fleet that has an excess number of 

credits, within the limits specified, to 

another fleet that may also have excess 

credits instead of transferring only to a 

fleet that has a credit shortfall. This 

would mean that a manufacturer could 

transfer a certain number of credits each 

year and bank them, and then the 

credits could be carried forward or back 

‘‘without limit’’ later if and when a 

shortfall ever occurred in that same 

fleet. NHTSA bases this interpretation 

on 49 U.S.C. 32903(g)(2), which states 

that transferred credits ‘‘are available to 

be used in the same model years that the 

manufacturer could have applied such 

credits under subsections (a), (b), (d), 

and (e), as well as for the model year in 

which the manufacturer earned such 

credits.’’ The EISA limitation applies 

only to the application of such credits 

for compliance in particular model 

years, and not their transfer per se. If 

transferred credits have the same 

lifespan and may be used in carry-back 

and carry-forward plans, it seems 

reasonable that they should be allowed 

to be stored in any fleet, rather than 

only in the fleet in which they were 

earned. Of course, manufacturers could 

not transfer and bank credits for 

purposes of achieving the minimum 

standard for domestically-manufactured 

passenger cars, as prohibited by 49 

U.S.C. 32903(g)(4). Transferred and 

banked credits would additionally still 

be subject to the adjustment factor when 

actually used, which would help to 

ensure that total oil savings are 

preserved while still offering greater 

flexibility to manufacturers. This 

interpretation of EISA also helps 

NHTSA, to some extent, to harmonize 

better with EPA’s CO2 program, which 

allows unlimited banking and transfer 

of credits. NHTSA sought comment in 

the NPRM on this interpretation of 

EISA. 

Only one commenter, VW, 

commented on NHTSA’s interpretation 

of EISA as allowing the banking of 

transferred credits, and agreed with it. 

VW suggested that NHTSA revise part 

536 to clarify accordingly, and that 

NHTSA include the statutory transfer 

cap in part 536 as well. While NHTSA 

does not believe that including the 

statutory transfer cap in the regulation 

is necessary, NHTSA will revise Part 

536 in this final rule by amending the 

definition of ‘‘transfer’’ as follows (in 

bold and italics): 

Transfer means the application by a 

manufacturer of credits earned by that 

manufacturer in one compliance category or 

credits acquired be trade (and originally 

earned by another manufacturer in that 

category) to achieve compliance with fuel 

economy standards with respect to a different 

compliance category. For example, a 

manufacturer may purchase light truck 

credits from another manufacturer, and 

transfer them to achieve compliance in the 

manufacturer’s domestically manufactured 

passenger car fleet. Subject to the credit 

transfer limitations of 49 U.S.C. 32903 

(g)(3), credits can also be transferred 

across compliance categories and 

banked or saved in that category to be 

carried forward or backward to address 

a credit shortfall. 

c. Payment of Fines 

If a manufacturer’s average miles per 

gallon for a given compliance category 

(domestic passenger car, imported 

passenger car, light truck) falls below 

the applicable standard, and the 

manufacturer cannot make up the 

difference by using credits earned or 

acquired, the manufacturer is subject to 

penalties. The penalty, as mentioned, is 

$5.50 for each tenth of a mpg that a 

manufacturer’s average fuel economy 

falls short of the standard for a given 

model year, multiplied by the total 

volume of those vehicles in the affected 

fleet, manufactured for that model year. 

NHTSA has collected $785,772,714.50 

to date in CAFE penalties, the largest 

ever being paid by DaimlerChrysler for 

its MY 2006 import passenger car fleet, 

$30,257,920.00. For their MY 2008 

fleets, six manufacturers paid CAFE 

fines for not meeting an applicable 

standard—Ferrari, Maserati, MercedesBenz, Porsche, Chrysler and Fiat—for a 

total of $12,922,255,50. 

NHTSA recognizes that some 

manufacturers may use the option to 

pay fines as a CAFE compliance 

flexibility—presumably, when paying 

fines is deemed more cost-effective than 

applying additional fuel economyimproving technology, or when adding 

fuel economy-improving technology 

would fundamentally change the 

characteristics of the vehicle in ways 

that the manufacturer believes its target 

consumers would not accept. NHTSA 

has no authority under EPCA/EISA to 

prevent manufacturers from turning to 

fine-payment if they choose to do so. 

This is another important difference 

from EPA’s authority under the CAA, 

which allows EPA to revoke a 

manufacturer’s certificate of conformity 

that permits it to sell vehicles if EPA 

determines that the manufacturer is in 

non-compliance, and does not permit 

manufacturers to pay fines in lieu of 

compliance with applicable standards. 

NHTSA has grappled repeatedly with 

the issue of whether fines are 

motivational for manufacturers, and 

whether raising fines would increase 

manufacturers’ compliance with the 

standards. EPCA authorizes increasing 

the civil penalty very slightly up to 

$10.00, exclusive of inflationary 

adjustments, if NHTSA decides that the 

increase in the penalty ‘‘will result in, or 

substantially further, substantial energy 

conservation for automobiles in the 

model years in which the increased 

penalty may be imposed; and will not 

have a substantial deleterious impact on 

the economy of the United States, a 

State, or a region of a State.’’ 49 U.S.C. 

32912(c). 

To support a decision that increasing 

the penalty would result in ‘‘substantial 

energy conservation’’ without having ‘‘a 

substantial deleterious impact on the 

economy,’’ NHTSA would likely need to 

provide some reasonably certain 

quantitative estimates of the fuel that 

would be saved, and the impact on the 

economy, if the penalty were raised. 

Comments received on this issue in the 

past have not explained in clear 

quantitative terms what the benefits and 

drawbacks to raising the penalty might 

be. Additionally, it may be that the 

range of possible increase that the 

statute provides, i.e., up to $10 per tenth 

of a mpg, is insufficient to result in 

mstockstill on DSKB9S0YB1PROD with RULES2

Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 25667 

765NHTSA TP–537–01, March 30, 2009. 

Available at http://www.nhtsa.gov/portal/site/

nhtsa/menuitem.

b166d5602714f9a73baf3210dba046a0/, scroll down 

to ‘‘537’’ (last accessed July 18, 2009). 

766 49 CFR 523.2. 

767 Id. 

768 Id. 

769Offset of a wheel is the distance from its hub 

mounting surface to the centerline of the wheel, i.e., 

measured laterally inboard or outboard. 

Zero offset—the hub mounting surface is even 

with the centerline of the wheel. 

Positive offset—the hub mounting surface is 

outboard of the centerline of the wheel (toward 

street side). 

Negative offset—the hub mounting surface is 

inboard of the centerline of the wheel (away from 

street side). 

substantial energy conservation, 

although changing this would require an 

amendment to the statute by Congress. 

While NHTSA continues to seek to gain 

information on this issue to inform a 

future rulemaking decision, we 

requested in the NPRM that commenters 

wishing to address this issue please 

provide, as specifically as possible, 

estimates of how raising or not raising 

the penalty amount will or will not 

substantially raise energy conservation 

and impact the economy. 

Only Ferrari and Daimler commented 

on this issue. Both manufacturers 

argued that raising the penalty would 

have no impact on fuel savings and 

would simply hurt the manufacturers 

forced to pay it. Daimler stated further 

that the agency’s asking for a 

quantitative analysis ignores the fact 

that manufacturers pay fines because 

they cannot increase energy savings any 

further. Thus, again, the agency finds 

itself without a clear quantitative 

explanation of what the benefits and 

drawbacks to raising the penalty might 

be, but it continues to appear that the 

range of possible increase is insufficient 

to result in additional substantial energy 

conservation. NHTSA will therefore 

defer consideration of this issue for 

purposes of this rulemaking. 

4. Other CAFE Enforcement Issues— 

Variations in Footprint 

NHTSA has a standardized test 

procedure for determining vehicle 

footprint,765 which is defined by 

regulation as follows: 

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 

wheelbase (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.766

‘‘Track width,’’ in turn, is defined as ‘‘the 

lateral distance between the centerlines 

of the base tires at ground, including the 

camber angle.’’ 767 ‘‘Wheelbase’’ is 

defined as ‘‘the longitudinal distance 

between front and rear wheel 

centerlines.’’ 768

NHTSA began requiring 

manufacturers to submit this 

information on footprint, wheelbase, 

and track width as part of their premodel year reports in MY 2008 for light 

trucks, and will require manufacturers 

to submit this information for passenger 

cars as well beginning in MY 2010. 

Manufacturers have submitted the 

required information for their light 

trucks, but NHTSA has identified 

several issues with regard to footprint 

measurement that could affect how 

required fuel economy levels are 

calculated for a manufacturer as 

discussed below. 

a. Variations in Track Width 

By definition, wheelbase 

measurement should be very consistent 

from one vehicle to another of the same 

model. Track width, in contrast, may 

vary in two respects: Wheel offset,769

and camber. Most current vehicles have 

wheels with positive offset, with 

technical specifications for offset 

typically expressed in millimeters. 

Additionally, for most vehicles, the 

camber angle of each of a vehicle’s 

wheels is specified as a range, i.e., front 

axle, left and right within minus 0.9 to 

plus 0.3 degree and rear axle, left and 

right within minus 0.9 to plus 0.1 

degree. Given the small variations in 

offset and camber angle dimensions, the 

potential effects of components (wheels) 

and vehicle specifications (camber) 

within existing designs on vehicle 

footprints are considered insignificant. 

However, NHTSA recognizes that 

manufacturers may change the 

specifications of and the equipment on 

vehicles, even those that are not 

redesigned or refreshed, during a model 

year and from year to year. There may 

be opportunity for manufacturers to 

change specifications for wheel offset 

and camber to increase a vehicle’s track 

width and footprint, and thus decrease 

their required fuel economy level. 

NHTSA believes that this is likely 

easiest on vehicles that already have 

sufficient space to accommodate 

changes without accompanying changes 

to the body profile and/or suspension 

component locations. 

There may be drawbacks to such a 

decision, however. Changing from 

positive offset wheels to wheels with 

zero or negative offset will move tires 

and wheels outward toward the fenders. 

Increasing the negative upper limit of 

camber will tilt the top of the tire and 

wheel inward and move the bottom 

outward, placing the upper portion of 

the rotating tires and wheels in closer 

proximity to suspension components. In 

addition, higher negative camber can 

adversely affect tire life and the on-road 

fuel economy of the vehicle. 

Furthermore, it is likely that most 

vehicle designs have already used the 

available space in wheel areas since, by 

doing so, the vehicle’s handling 

performance is improved. Therefore, it 

seems unlikely that manufacturers will 

make significant changes to wheel offset 

and camber. No comments were 

received on this issue. 

b. How Manufacturers Designate ‘‘Base 

Tires’’ and Wheels 

According to the definition of ‘‘track 

width’’ in 49 CFR 523.2, manufacturers 

must determine track width when the 

vehicle is equipped with ‘‘base tires.’’ 

Section 523.2 defines ‘‘base tire,’’ in 

turn, as ‘‘the tire specified as standard 

equipment by a manufacturer on each 

configuration of a model type.’’ NHTSA 

did not define ‘‘standard equipment.’’ 

In their pre-model year reports 

required by 49 CFR 537, manufacturers 

have the option of either (A) reporting 

a base tire for each model type, or (B) 

reporting a base tire for each vehicle 

configuration within a model type, 

which represents an additional level of 

specificity. If different vehicle 

configurations have different footprint 

values, then reporting the number of 

vehicles for each footprint will improve 

the accuracy of the required fuel 

economy level for the fleet, since the 

pre-model year report data is part of 

what manufacturers use to determine 

their CAFE obligations. 

For example, assume a manufacturer’s 

pre-model year report listed five vehicle 

configurations that comprise one model 

type. If the manufacturer provides only 

one vehicle configuration’s front and 

rear track widths, wheelbase, footprint 

and base tire size to represent the model 

type, and the other vehicle 

configurations all have a different tire 

size specified as standard equipment, 

the footprint value represented by the 

manufacturer may not capture the full 

spectrum of footprint values for that 

model type. Similarly, the base tires of 

a model type may be mounted on two 

or more wheels with different offset 

dimensions for different vehicle 

configurations. Of course, if the 

footprint value for all vehicle 

configurations is essentially the same, 

there would be no need to report by 

vehicle configuration. However, if 

footprints are different—larger or 

smaller—reporting for each group with 

similar footprints or for each vehicle 

configuration would produce a more 

mstockstill on DSKB9S0YB1PROD with RULES2

25668 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 

770 Defined as an on-highway vehicle with a gross 

vehicle weight rating of 10,000 pounds or more. 771 Defined as a vehicle that is both rated at 

between 8,500 and 10,000 pounds gross vehicle 

weight; and also is not a medium-duty passenger 

vehicle (as defined in 40 CFR 86.1803–01, as in 

effect on the date of EISA’s enactment. 

accurate result. No comments were 

received on this issue. 

c. Vehicle ‘‘Design’’ Values Reported by 

Manufacturers 

NHTSA understands that the track 

widths and wheelbase values and the 

calculated footprint calculated values, 

as provided in pre-model year reports, 

are based on vehicle designs. This can 

lead to inaccurate calculations of 

required fuel economy level. For 

example, if the values reported by 

manufacturers are within an expected 

range of values, but are skewed to the 

higher end of the ranges, the required 

fuel economy level for the fleet will be 

artificially lower, an inaccurate attribute 

based value. Likewise, it would be 

inaccurate for manufacturers to submit 

values on the lower end of the ranges, 

but would decrease the likelihood that 

measured values would be less than the 

values reported and reduce the 

likelihood of an agency inquiry. Since 

not every vehicle is identical, it is also 

probable that variations between 

vehicles exist that can affect track 

width, wheelbase and footprint. As with 

other self-certifications, each 

manufacturer must decide how it will 

report, by model type, vehicle 

configuration, or a combination, and 

whether the reported values have 

sufficient margin to account for 

variations. 

To address this, the agency will be 

monitoring the track widths, wheelbases 

and footprints reported by 

manufacturers, and anticipates 

measuring vehicles to determine if the 

reported and measured values are 

consistent. We will look for year-to-year 

changes in the reported values. We can 

compare MY 2008 light truck 

information and MY 2010 passenger car 

information to the information reported 

in subsequent model years. Moreover, 

under 49 CFR 537.8, manufacturers may 

make separate reports to explain why 

changes have occurred or they may be 

contacted by the agency to explain 

them. No comments were received on 

this issue. 

d. How Manufacturers Report This 

Information in Their Pre-Model Year 

Reports 

49 CFR 537.7(c) requires that 

manufacturers’ pre-model year reports 

include ‘‘model type and configuration 

fuel economy and technical 

information.’’ The fuel economy of a 

‘‘model type’’ is, for many 

manufacturers, comprised of a number 

of vehicle configurations. 49 CFR 537.4 

states that ‘‘model type’’ and ‘‘vehicle 

configuration’’ are defined in 40 CFR 

600. Under that Part, ‘‘model type’’ 

includes engine, transmission, and drive 

configuration (2WD, 4WD, or all-wheel 

drive), while ‘‘vehicle configuration’’ 

includes those parameters plus test 

weight. Model type is important for 

calculating fuel economy in the new 

attribute-based system—the required 

fuel economy level for each of a 

manufacturer’s fleets is calculated using 

the number of vehicles within each 

model type and the applicable fuel 

economy target for each model type. 

In MY 2008 and 2009 pre-model year 

reports for light trucks, manufacturers 

have expressed information in different 

ways. Some manufacturers that have 

many vehicle configurations within a 

model type have included information 

for each vehicle configuration’s track 

width, wheelbase and footprint. Other 

manufacturers reported vehicle 

configuration information per 

§ 537.7(c)(4), but provided only model 

type track width, wheelbase and 

footprint information for subsections 

537.7(c)(4)(xvi)(B)(3), (4) and (5). 

NHTSA believes that these 

manufacturers may have reported the 

information this way because the track 

widths, wheelbase and footprint are 

essentially the same for each vehicle 

configuration within each model type. A 

third group of manufacturers submitted 

model type information only, 

presumably because each model type 

contains only one vehicle configuration. 

NHTSA does not believe that this 

variation in reporting methodology 

presents an inherent problem, as long as 

manufacturers follow the specifications 

in part 537 for reporting format, and as 

long as pre-model year reports provide 

information that is accurate and 

represents each vehicle configuration 

within a model type. The report may, 

but need not, be similar to what 

manufacturers submit to EPA as their 

end-of-model year report. However, 

NHTSA sought comment in the NPRM 

on any potential benefits or drawbacks 

to requiring a more standardized 

reporting methodology. NHTSA 

requested that, if commenters 

recommend increasing standardization, 

they provide specific examples of what 

information should be required and how 

NHTSA should require it to be provided 

but no comments were received on this 

specific issue. 

However, on a related topic, Honda 

and Toyota both commented on the 

equations and corresponding terms used 

to calculate the fleet required standards. 

Both manufacturers indicated that the 

terms defined for use in the equations 

could be interpreted differently by 

vehicle manufacturers. For example, the 

term ‘‘footprint of a vehicle model’’ 

could be interpreted to mean that a 

manufacturer only has to use one 

representative footprint within a model 

type or that it is necessary to use all the 

unique footprints and corresponding 

fuel economy target standards within a 

model type when determining a fleet 

target standard. This issue is discussed 

in more detail in Section IV.E. above. 

5. Other CAFE Enforcement Issues— 

Miscellaneous 

Hyundai commented that 49 CFR 

537.9 appeared to contain erroneous 

references to 40 CFR 600.506 and 

600.506(a)(2), which seemed not to 

exist, and asked the agency to check 

those references. In response, NHTSA 

examined the issue and found that 40 

CFR 600.506 was, in fact, eliminated by 

a final rule published on April 6, 1984 

(49 FR 13832). That section of 40 CFR 

originally required manufacturers to 

submit preliminary CAFE data to EPA 

prior to submitting the final end of the 

year data. EPA’s primary intent for 

eliminating the requirement, as stated in 

the final rule, was to reduce 

administration burden. To address these 

inaccurate references, NHTSA is 

revising part 537 to delete references to 

40 CFR 600.506. This will not impact 

the existing requirements for the premodel year, mid-model year and 

supplemental reports manufacturers 

must submit to NHTSA under part 537. 

J. Other Near-Term Rulemakings 

Mandated by EISA 

1. Commercial Medium- and HeavyDuty On-Highway Vehicles and Work 

Trucks 

EISA added new provisions to 49 

U.S.C. 32902 requiring DOT, in 

consultation with DOE and EPA, to 

conduct a study regarding a program to 

require improvements in the fuel 

efficiency of commercial medium- and 

heavy-duty on-highway vehicles and 

work trucks and then to conduct a 

rulemaking to adopt and implement 

such a program. In the study, the agency 

must examine the fuel efficiency of 

commercial medium- and heavy-duty 

on-highway vehicles 770 and work 

trucks 771 and determine the appropriate 

test procedures and methodologies for 

measuring their fuel efficiency, as well 

as the appropriate metric for measuring 

and expressing their fuel efficiency 

performance and the range of factors 

that affect their fuel efficiency. Then the 

agency must determine in a rulemaking 

mstockstill on DSKB9S0YB1PROD with RULES2

Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 25669 

772NEPA 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. 

773The $21/ton estimate is for 2010 emissions 

and increases over time because of damages 

resulting from increased GHG concentrations. $21 

is the average SCC at the 3 percent discount rate. 

The other three estimates include: Avg SCC at 5% 

($5–$16); Avg SCC at 2.5% ($35–$65); and 95th 

percentile at 3% ($65–$136). 

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 appropriate 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-highway 

vehicles and work trucks. The agency is 

working closely with EPA on 

developing a proposal for these 

standards. 

2. Consumer Information on Fuel 

Efficiency and Emissions 

EISA also added a new provision to 

49 U.S.C. 32908 requiring DOT, in 

consultation with DOE and EPA, to 

develop and implement by rule a 

program to require manufacturers to 

label new automobiles sold in the 

United States with: 

(1) Information reflecting an 

automobile’s performance on the basis 

of criteria that EPA shall develop, not 

later than 18 months after the date of the 

enactment of EISA, to reflect fuel 

economy and greenhouse gas and other 

emissions over the useful life of the 

automobile; and 

(2) A rating system that would make 

it easy for consumers to compare the 

fuel economy and greenhouse gas and 

other emissions of automobiles at the 

point of purchase, including a 

designation of automobiles with the 

lowest greenhouse gas emissions over 

the useful life of the vehicles; and with 

the highest fuel economy. 

DOT must also develop and 

implement by rule a program to require 

manufacturers to include in the owner’s 

manual for vehicles capable of operating 

on alternative fuels information that 

describes that capability and the 

benefits of using alternative fuels, 

including the renewable nature and 

environmental benefits of using 

alternative fuels. 

EISA further requires DOT, in 

consultation with DOE and EPA, to 

• Develop and implement by rule a 

consumer education program to 

improve consumer understanding of 

automobile performance described [by 

the label to be developed] and to inform 

consumers of the benefits of using 

alternative fuel in automobiles and the 

location of stations with alternative fuel 

capacity; 

• Establish a consumer education 

campaign on the fuel savings that would 

be recognized from the purchase of 

vehicles equipped with thermal 

management technologies, including 

energy efficient air conditioning systems 

and glass; and 

• By rule require a label to be 

attached to the fuel compartment of 

vehicles capable of operating on 

alternative fuels, with the form of 

alternative fuel stated on the label. 

49 U.S.C. 32908(g)(2) and (3). 

DOT has 42 months from the date of 

EISA’s enactment (by the end of 2011) 

to issue final rules under this 

subsection. Work on developing these 

standards is also on-going. The agency 

is working closely with EPA on 

developing a proposal for these 

regulations. 

Additionally, in preparation for this 

future rulemaking, NHTSA will 

consider appropriate metrics for 

presenting fuel economy-related 

information on labels. Based on the nonlinear relationship between mpg and 

fuel costs as well as emissions, 

inclusion of the ‘‘gallons per 100 miles’’ 

metric on fuel economy labels may be 

appropriate going forward, although the 

mpg information is currently required 

by law. A cost/distance metric may also 

be useful, as could a CO2e grams per 

mile metric to facilitate comparisons 

between conventional vehicles and 

alternative fuel vehicles and to 

incorporate information about air 

conditioning-related emissions. 

K. Record of Decision 

On May 19, 2009 President Obama 

announced a National Fuel Efficiency 

Policy aimed at both increasing fuel 

economy and reducing greenhouse gas 

pollution for all new cars and trucks 

sold in the United States, while also 

providing a predictable regulatory 

framework for the automotive industry. 

The policy seeks to set harmonized 

Federal standards to regulate both fuel 

economy and GHG emissions. The 

program covers model year 2012 to 

model year 2016 and ultimately requires 

the equivalent of an average fuel 

economy of 35.5 mpg in 2016, if all CO2

reduction were achieved through fuel 

economy improvements. 

In accordance with President Obama’s 

May 19, 2009 announcement, this final 

rule promulgates the fuel economy 

standards for MYs 2012–2016. This final 

rule constitutes the Record of Decision 

(ROD) for NHTSA’s MYs 2012–2016 

CAFE standards, pursuant to the 

National Environmental Policy Act 

(NEPA) and the Council on 

Environmental Quality’s (CEQ) 

implementing regulations.772 See 40 CFR 

1505.2. 

As required by 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 

environmentally preferable alternative; 

(3) the factors balanced by NHTSA in 

making its decision, including 

considerations of national policy; (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 briefly addresses 

mitigation. 

The Agency’s Decision 

In the DEIS and the FEIS, the agency 

identified the approximately 4.3-percent 

average annual increase alternative as 

NHTSA’s Preferred Alternative. After 

carefully reviewing and analyzing all of 

the information in the public record 

including technical support documents, 

the FEIS, and public and agency 

comments submitted on the DEIS, the 

FEIS, and the NPRM, NHTSA has 

decided to proceed with the Preferred 

Alternative. The Preferred Alternative 

requires approximately a 4.3-percent 

average annual increase in mpg for MYs 

2012–2016. This decision results in an 

estimated required MY 2016 fleetwide 

37.8 mpg for passenger cars and 28.7 

mpg for light trucks. As stated in the 

FEIS, the Preferred Alternative results in 

a combined estimated required 

fleetwide 34.1 mpg in MY 2016. 

Following publication of the FEIS, the 

Federal government Interagency 

Working Group on Social Cost of Carbon 

made public a revised estimate of the 

Social Cost of Carbon to support Federal 

regulatory activities where reducing CO2

emissions is an important potential 

outcome. NHTSA relied upon the 

interagency group’s interim guidance 

published in August 2009 for the FEIS 

analysis. For this final rule NHTSA has 

updated the analysis and now uses the 

central SCC value of $21 per metric ton 

(2010 emissions) identified in the 

interagency group’s revised guidance.773

See Section IV.C.3.l.iii. 

The group’s purpose in developing 

new estimates of the SCC was to allow 

mstockstill on DSKB9S0YB1PROD with RULES2

25670 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 

774The interagency group intends to update these 

estimates as the science and economic 

understanding of climate change and its impacts on 

society improves over time. 775There 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 impacts.’’ Therefore, 

consistent with 40 CFR 1502.9(c), no supplement to 

the EIS is required. Moreover, the environmental 

impacts of this decision fall within the spectrum of 

impacts analyzed in the DEIS and the FEIS. 

Federal agencies to incorporate the 

social benefits of reducing carbon 

dioxide (CO2) emissions into costbenefit analyses of regulatory actions 

that have small, or ‘‘marginal,’’ impacts 

on cumulative global emissions, as most 

Federal regulatory actions can be 

expected to have. The interagency group 

convened on a regular basis to consider 

public comments, explore the technical 

literature in relevant fields, and discuss 

key inputs and assumptions in order to 

generate SCC estimates. The revised 

SCC estimates represent the interagency 

group’s consideration of the literature 

and judgments about how to monetize 

some of the benefits of GHG 

mitigation.774

Incorporating the revised estimate, 

NHTSA’s analysis indicates that the 

Agency’s Decision will likely result in 

slightly greater fuel savings and CO2

emissions reductions than those noted 

in the EIS. The revised SCC valuation 

applied for purposes of the final rule 

resulted in a slightly smaller gap in 

stringency between the passenger car 

and light truck standards; the ratio of 

passenger car stringency (i.e., average 

required fuel economy) to light truck 

stringency in MY 2016 shrank from 

1.318 to 1.313, or about 0.4 percent. 

Because manufacturers projected to pay 

civil penalties (rather than fully 

complying with CAFE standards) 

account for a smaller share of the light 

truck market than of the passenger car 

market, and because lifetime mileage 

accumulation is somewhat higher for 

light trucks than for passenger cars, this 

slight shift in relative stringency caused 

average fuel economy levels achieved 

under the preferred alternative to 

increase by about 0.02 mpg during MYs 

2012–2016, resulted in corresponding 

lifetime (i.e., over the full useful life of 

MYs 2012–2016 vehicles) fuel savings 

increases of about 0.9 percent, and 

corresponding increases in lifetime CO2

emission reductions of about 1.1 

percent. For environmental impacts 

associated with NHTSA’s Decision, see 

Section IV.G of this final rule. 

The incorporation of the revised 

interagency estimate of SCC results in 

minimal changes to the required 

fleetwide mpg for some model years 

covered by this final rule. All changes 

are less than or equal to .1 mpg (but may 

reflect an increase when rounding up 

during calculations) and continue to 

result, on average, in a 4.3 percent 

annual increase in mpg.775 See Section 

IV.F for discussion of required annual 

fleetwide mpg. 

For a discussion of the agency’s 

selection of the Preferred Alternative as 

NHTSA’s Decision, see Section IV.F of 

this final rule. 

Alternatives Considered by NHTSA in 

Reaching Its Decision, Including the 

Environmentally Preferable Alternative 

When preparing an EIS, NEPA 

requires an agency to compare the 

potential environmental impacts of its 

proposed action and a reasonable range 

of alternatives. NHTSA identified 

alternative stringencies that represent 

the spectrum of potential 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 

CAFE standards. Specifically, the DEIS 

and FEIS analyzed the impacts of the 

following eight ‘‘action’’ alternatives: 3- 

Percent Alternative (Alternative 2), 4- 

Percent Alternative (Alternative 3), 

Preferred Alternative (Alternative 4), 5- 

Percent Alternative (Alternative 5), an 

alternative that maximizes net benefits 

(MNB) (Alternative 6), 6-Percent 

Alternative (Alternative 7), 7-Percent 

Alternative (Alternative 8), and an 

alternative under which total cost 

equals total benefit (TCTB) (Alternative 

9). The DEIS and FEIS also analyzed the 

impacts that would be expected if 

NHTSA imposed no new requirements 

(the No Action Alternative). In 

accordance with CEQ regulations, the 

agency selected a Preferred Alternative 

in the DEIS and the FEIS (the 

approximately 4.3-percent average 

annual increase alternative). 

In response to public comments, the 

FEIS expanded the analysis to 

determine how the proposed 

alternatives were affected by variations 

in the economic assumptions input into 

the computer model NHTSA uses to 

calculate the costs and benefits of 

various potential CAFE standards (the 

Volpe model). Variations in economic 

assumptions can be used to examine the 

sensitivity of costs and benefits of each 

of the alternatives, including future fuel 

prices, the value of reducing CO2

emissions (referred to as the social cost 

of carbon or SCC), the magnitude of the 

rebound effect, and the value of oil 

import externalities. Different 

combinations of economic assumptions 

can also affect the calculation of 

environmental impacts of the various 

action alternatives. This occurs partly 

because some economic inputs to the 

Volpe model—notably fuel prices and 

the size of the rebound effect—influence 

its estimates of vehicle use and fuel 

consumption, the main factors that 

determine emissions of GHGs, criteria 

air pollutants, and airborne toxics. See 

section 2.4 of the FEIS for a discussion 

of the sensitivity analysis conducted for 

the FEIS. 

The agency considered and analyzed 

each of the individual economic 

assumptions to determine which 

assumptions most accurately represent 

future economic conditions. For a 

discussion of the analysis supporting 

the selection of the economic 

assumptions relied on by the agency in 

this final rule, see Section IV.C.3. 

Also in response to comments, the 

agency conducted a national-scale 

photochemical air quality modeling and 

health risk assessment for a subset of the 

DEIS alternatives to support and 

confirm the health effects and healthrelated economic estimates of the EIS. 

The photochemical air quality study is 

included as Appendix F to the EIS. The 

study used air quality modeling and 

health benefits analysis tools to quantify 

the air quality and health-related 

benefits associated with the alternative 

CAFE standards. Four alternatives from 

the DEIS were modeled: the No Action 

Alternative and Alternative 2 (the 3- 

Percent Alternative) to represent fuel 

economy requirements at the lower end 

of the range; Alternative 4 (the Preferred 

Alternative) and Alternative 8 (the 7- 

Percent Alternative) to represent fuel 

economy requirements at the higher end 

of the range. 

The agency compared the potential 

environmental impacts of alternative 

mpg levels, analyzing direct, indirect, 

and cumulative impacts. For a 

discussion of the environmental impacts 

associated with each of the alternatives, 

see Chapters 3 and 4 of the FEIS. 

Alternative 8 (the 7-Percent 

Alternative) is the overall 

Environmentally Preferable Alternative, 

because it would result in the largest 

reductions in fuel use and GHG 

emissions by vehicles produced during 

MYs 2012–2016 among the alternatives 

considered. Under each alternative the 

agency considered, the reduction in fuel 

consumption resulting from higher fuel 

economy 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 driving due to the 

fuel economy rebound effect, leading to 

mstockstill on DSKB9S0YB1PROD with RULES2

Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 25671 

776Reductions in emissions of two criteria air 

pollutants, fine particulate matter (PM2.5) and sulfur 

oxides (SOX), are forecast to be slightly larger for 

Alternative 9 (TCTB) than for Alternative 8. 

Because the estimates of health benefits depend 

most critically on changes in particulate matter 

emissions, this causes the health benefits estimates 

reported in this FEIS to be slightly larger for 

Alternative 9 than for Alternative 8. See Section 3.3 

of the FEIS. Nonetheless, for the other reasons 

explained above, NHTSA considers Alternative 8 to 

be the overall Environmentally Preferable 

Alternative. 

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 

considered, Alternative 8 would also 

lead to the largest net reductions in 

emissions of CO2 and other GHGs, most 

criteria air pollutants,776 as well as the 

mobile source air toxics (MSATs) 

benzene and diesel particulate matter 

(diesel PM). 

However, NHTSA’s environmental 

analysis indicates that emissions of the 

MSATs acetaldehyde, acrolein, 1,3- 

butadiene, and formaldehyde would 

increase under some alternatives, with 

the largest increases in emissions of 

these MSATs projected to occur under 

Alternative 8 in most future years. This 

occurs because the rates at which these 

MSATs are emitted during fuel refining 

and distribution are very low relative to 

their emission rates during vehicle use. 

As a consequence, the reductions in 

their total emissions during fuel refining 

and distribution that result from lower 

fuel use are insufficient to offset the 

increases in emissions that result from 

additional vehicle use. The amount by 

which increased tailpipe emissions of 

these MSATs exceeds the reductions in 

their emissions during fuel refining and 

distribution increases for alternatives 

that require larger improvements in fuel 

economy, and in most future years is 

smallest under Alternative 2 (which 

would increase CAFE standards least 

rapidly among the action alternatives) 

and largest under Alternative 8 (which 

would require the most rapid increase 

in fuel economy). Thus while 

Alternative 8 is the environmentally 

preferable alternative on the basis of 

CO2 and other GHGs, most criteria air 

pollutants, and some MSATs, other 

alternatives are environmentally 

preferable from the standpoint of the 

criteria air pollutants fine particulate 

matter and sulfur oxides, as well as the 

MSATs acetaldehyde, acrolein, 1,3- 

butadiene, and formaldehyde. Overall, 

however, NHTSA considers Alternative 

8 to be the Environmentally Preferable 

Alternative. 

For additional discussion regarding 

the alternatives considered by the 

agency in reaching its decision, 

including the Environmentally 

Preferable Alternative, see Section IV.F 

of this final rule. For a discussion of the 

environmental impacts associated with 

each alternative, see Chapters 3 and 4 of 

the FEIS. 

Factors Balanced by NHTSA in Making 

Its Decision 

For discussion of the factors balanced 

by NHTSA in making its decision, see 

Sections IV.D. and IV.F of this final rule. 

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 

Section IV.F of this final rule. 

The Agency’s Preferences Among 

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 IV.F of this final rule. 

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, why they were not.’’ 49 CFR 

1505.2(c). The majority of the 

environmental effects of NHTSA’s 

action are positive, i.e., beneficial 

environmental impacts, and would not 

raise issues of mitigation. The only 

negative environmental impacts are the 

projected increase in emissions of 

carbon monoxide and certain air toxics, 

as discussed above under the 

Environmentally Preferable Alternative, 

and in Section 2.6 and Chapter 5 of the 

FEIS. The agency forecasts these 

increases because, under all the 

alternatives analyzed in the EIS, 

increase in vehicle use due to improved 

fuel economy is projected to result in 

growth in total miles traveled by 

passenger cars and light trucks. This 

growth is exacerbated by the expected 

growth in the number of passenger cars 

and light trucks in use in the United 

States. The growth in travel outpaces 

emissions reductions for some 

pollutants, resulting in projected 

increases for these pollutants. 

NHTSA’s authority to promulgate 

new fuel economy standards is limited 

and does not allow regulation of vehicle 

emissions or of factors affecting vehicle 

emissions, including driving habits. 

Consequently, under the CAFE program, 

NHTSA must set standards but is unable 

to take steps to mitigate the impacts of 

these standards. However, we note that 

the Department of Transportation is 

currently implementing initiatives that 

work toward the stated Secretarial 

policy goal of reducing annual vehicle 

miles traveled. Chapter 5 of the FEIS 

outlines a number of other initiatives 

across government that could ameliorate 

the environmental impacts of motor 

vehicle use. 

L. Regulatory Notices and Analyses 

Following is a discussion of 

regulatory notices and analyses relevant 

to this rulemaking. 

1. Executive Order 12866 and DOT 

Regulatory Policies and Procedures 

Executive Order 12866, ‘‘Regulatory 

Planning and Review’’ (58 FR 51735, 

Oct. 4, 1993), provides for making 

determinations whether a regulatory 

action is ‘‘significant’’ and therefore 

subject to OMB review and to the 

requirements of the Executive Order. 

The Order defines a ‘‘significant 

regulatory action’’ as one that is likely to 

result in a rule that may: 

(1) Have an annual effect on the 

economy of $100 million or more or 

adversely affect in a material way the 

economy, a sector of the economy, 

productivity, competition, jobs, the 

environment, public health or safety, or 

State, local or Tribal governments or 

communities; 

(2) Create a serious inconsistency or 

otherwise interfere with an action taken 

or planned by another agency; 

(3) Materially alter the budgetary 

impact of entitlements, grants, user fees, 

or loan programs or the rights and 

obligations of recipients thereof; or 

(4) Raise novel legal or policy issues 

arising out of legal mandates, the 

President’s priorities, or the principles 

set forth in the Executive Order. 

The rulemaking proposed in this 

NPRM is economically significant. 

Accordingly, OMB reviewed it under 

Executive Order 12866. The rule is also 

significant within the meaning of the 

Department of Transportation’s 

Regulatory Policies and Procedures. 

The benefits and costs of this rule are 

described above. Because the rule is 

economically significant under both the 

Department of Transportation’s 

procedures and OMB guidelines, the 

agency has prepared a Final Regulatory 

Impact Analysis (FRIA) and placed it in 

the docket and on the agency’s Web site. 

Further, pursuant to OMB Circular A–4, 

we have prepared a formal probabilistic 

uncertainty analysis for this rule. The 

mstockstill on DSKB9S0YB1PROD with RULES2

25672 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 

777 40 CFR 1501.6. 

778Consistent with the National Fuel Efficiency 

Policy that the President announced on May 19, 

2009, EPA and NHTSA published their Notice of 

Upcoming Joint Rulemaking to ensure a 

coordinated National Program on GHG emissions 

and fuel economy for passenger cars, light-duty 

trucks, and medium-duty passenger vehicles. 

NHTSA takes no position on whether the EPA 

proposed rule on GHG emissions could be 

considered a ‘‘connected action’’ under the CEQ 

regulation at 40 CFR Section 1508.25. For purposes 

of the EIS, however, NHTSA decided to treat the 

EPA proposed rule as if it were a ‘‘connected action’’ 

under that regulation to improve the usefulness of 

the EIS for NHTSA decisionmakers and the public. 

NHTSA is aware that Section 7(c) of the Energy 

Supply and Environmental Coordination Act of 

1974 expressly exempts from NEPA requirements 

EPA action taken under the CAA. See 15 U.S.C. 

793(c)(1). 

779See Notice of Intent to Prepare an 

Environmental Impact Statement for New Corporate 

Average Fuel Economy Standards, 74 FR 14857 

(Apr. 1, 2009). 

780Also on September 25, 2009, NHTSA 

published a Federal Register Notice of Availability 

of its DEIS. See 74 FR 48894. NHTSA’s Notice of 

Availability also announced the date and location 

of a public hearing, and invited the public to 

participate at the hearing on October 30, 2009, in 

Washington, DC. See id. 

781The agency also changed the FEIS as a result 

of updated information that became available after 

issuance of the DEIS. 

782NEPA is codified at 42 U.S.C. 4321–4347. CEQ 

NEPA implementing regulations are codified at 40 

Code of Federal Regulations (CFR) Parts 1500–1508. 

NHTSA NEPA implementing regulations are 

codified at 49 CFR part 520. 783NEPA is codified at 42 U.S.C. 4321–4347. 

CEQ’s NEPA implementing regulations are codified 

at 40 CFR parts 1500–1508, and NHTSA’s NEPA 

implementing regulations are codified at 49 CFR 

part 520. 

circular requires such an analysis for 

complex rules where there are large, 

multiple uncertainties whose analysis 

raises technical challenges or where 

effects cascade and where the impacts of 

the rule exceed $1 billion. This final 

rule meets these criteria on all counts. 

2. National Environmental Policy Act 

Under NEPA, a Federal agency must 

prepare an Environmental Impact 

Statement (EIS) on proposed actions 

that could significantly impact the 

quality of the human environment. The 

requirement is designed to serve three 

major functions: (1) To provide the 

decisionmaker(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 early 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.777 NHTSA invited 

EPA to be a cooperating agency because 

of its special expertise in the areas of 

climate change and air quality. On May 

12, 2009, EPA agreed to become a 

cooperating agency.778

NHTSA, in cooperation with EPA, 

prepared a draft EIS (DEIS), solicited 

public comments in writing and in a 

public hearing, and prepared a final EIS 

(FEIS) responding to those comments. 

Specifically, in April 2009, NHTSA 

published an NOI to prepare an EIS for 

proposed MYs 2012–2016 CAFE 

standards.779 See 40 CFR 1501.7. 

On September 25, 2009, EPA issued 

its Notice of Availability of the DEIS,780

triggering the 45-day public comment 

period. See 74 FR 48951. See also 40 

CFR 1506.10. In accordance with CEQ 

regulations, the public was invited to 

submit written comments on the DEIS 

until November 9, 2009. See 40 CFR 

1503, et seq. 

NHTSA mailed (both electronically 

and through regular U.S. mail) over 500 

copies of the DEIS to interested parties, 

including Federal, State, and local 

officials and agencies; elected officials, 

environmental and public interest 

groups; Native American tribes; and 

other interested individuals. NHTSA 

held a public hearing on the DEIS at the 

National Transportation Safety Board 

Conference Center in Washington, DC 

on October 30, 2009. 

NHTSA received 11 written 

comments from interested stakeholders, 

including Federal agencies, state 

agencies, environmental advocacy 

groups, and private citizens. In addition, 

three interested parties spoke at the 

public hearing. 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 on the Web at http://www.

regulations.gov, Reference Docket No. 

NHTSA–2009–0059. 

NHTSA reviewed and analyzed all 

comments received during the public 

comment period and revised the FEIS in 

response to comments on the EIS where 

appropriate.781 For a more detailed 

discussion of NHTSA’s scoping and 

comment periods, see Section 1.5 and 

Chapter 10 of the FEIS. 

On February 22, 2010, NHTSA 

submitted the FEIS to the EPA. NHTSA 

also mailed (both electronically and 

through regular U.S. mail) over 500 

copies of the FEIS to interested parties 

and posted the FEIS on its Web site, 

http://www.nhtsa.gov/portal/

fueleconomy.jsp. On March 3, 2010, 

EPA published a Notice of Availability 

of the FEIS in the Federal Register. See 

75 FR 9596. 

The FEIS analyzes and discloses the 

potential environmental impacts of the 

proposed MYs 2012–2016 CAFE 

standards for the total fleet of passenger 

cars and light trucks and reasonable 

alternative standards for the NHTSA 

CAFE Program pursuant to the National 

Environmental Policy Act (NEPA), the 

Council on Environmental Quality 

(CEQ) regulations implementing NEPA, 

DOT Order 5610.1C, and NHTSA 

regulations.782 The FEIS compared the 

potential environmental impacts of 

alternative mile per gallon (mpg) levels 

considered by NHTSA for the final rule. 

It also analyzed direct, indirect, and 

cumulative impacts and analyzes 

impacts in proportion to their 

significance. See the FEIS and the FEIS 

Summary for a discussion of the 

environmental impacts analyzed. 

Docket Nos. NHTSA–2009–0059–0140, 

NHTSA–2009–0059–0141. 

The MYs 2012–2016 CAFE standards 

adopted in this final rule have been 

informed by analyses contained in the 

Final Environmental Impact Statement, 

Corporate Average Fuel Economy 

Standards, Passenger Cars and Light 

Trucks, Model Years 2012–2016, Docket 

No. NHTSA–2009–0059 (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 on the 

Web at http://www.regulations.gov, 

Reference Docket Nos.: NHTSA–2009– 

0059 (EIS and Rulemaking) and EPA– 

HQ–OAR–2009–0472 (EPA 

Rulemaking). 

Based on the foregoing, the agency 

concludes that the environmental 

analysis and public involvement 

process complies with NEPA 

implementing regulations issued by 

CEQ, DOT Order 5610.1C, and NHTSA 

regulations.783

3. 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 are relatively commonplace 

pollutants that can accumulate in the 

atmosphere as a result of normal levels 

of human activity. The EPA is required 

to review the NAAQS every five years 

and to change the levels of the standards 

mstockstill on DSKB9S0YB1PROD with RULES2

Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 25673 

if warranted by new scientific 

information. 

The air quality of a geographic region 

is usually assessed by comparing the 

levels of criteria air pollutants found in 

the atmosphere to the levels established 

by the NAAQS. Concentrations of 

criteria pollutants within the air mass of 

a region are measured in parts of a 

pollutant 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 permissible levels 

specified by the NAAQS in order to 

assess whether the region’s air quality is 

potentially unhealthful. 

When the measured concentrations of 

a criteria pollutant within a geographic 

region are below those permitted by the 

NAAQS, the region is designated by the 

EPA as an attainment area for that 

pollutant, while regions where 

concentrations of criteria pollutants 

exceed Federal standards 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 

compliance 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 ‘‘conform’’ 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 do 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 51 subpart T), which 

apply to transportation plans, programs, 

and projects funded under title 23 

United States Code (U.S.C.) or the 

Federal Transit Act. Highway and 

transit infrastructure projects funded by 

FHWA or the Federal Transit 

Administration (FTA) usually are 

subject to transportation conformity. 

• The General Conformity Rules (40 

CFR part 51 subpart W) apply to all 

other Federal actions not covered under 

transportation conformity. The General 

Conformity Rules established emissions 

thresholds, or de minimis levels, for use 

in evaluating the conformity of a 

project. If the net emission increases 

due to the project are less than these 

thresholds, then the project is presumed 

to conform and no further conformity 

evaluation is required. If the emission 

increases exceed any of these 

thresholds, then a conformity 

determination is required. The 

conformity determination may 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 CAFE standards and associated 

program activities are not funded under 

title 23 U.S.C. or the Federal Transit 

Act. Further, CAFE standards are 

established by NHTSA and are not an 

action undertaken by FHWA or FTA. 

Accordingly, the CAFE standards are 

not subject to transportation conformity. 

The General Conformity Rules contain 

several exemptions applicable to 

‘‘Federal actions,’’ which the conformity 

regulations define as: ‘‘any activity 

engaged in by a department, agency, or 

instrumentality of the Federal 

Government, or any activity that a 

department, agency or instrumentality 

of the Federal Government supports in 

any way, provides financial assistance 

for, licenses, permits, or approves, other 

than activities [subject to transportation 

conformity].’’ 40 CFR 51.852. 

‘‘Rulemaking and policy development 

and issuance’’ are exempted at 40 CFR 

51.853(c)(2)(iii). Since NHTSA’s CAFE 

standards involve a rulemaking process, 

its action is exempt from general 

conformity. Also, emissions for which a 

Federal agency does not have a 

‘‘continuing program responsibility’’ are 

not considered ‘‘indirect emissions’’ 

subject to general conformity under 40 

CFR 51.852. ‘‘Emissions that a Federal 

agency has a continuing program 

responsibility for means emissions that 

are specifically caused by an agency 

carrying out its authorities, and does not 

include emissions that occur due to 

subsequent activities, unless such 

activities are required by the Federal 

agency.’’ 40 CFR 51.852. Emissions that 

occur as a result of the final CAFE 

standards are not caused by NHTSA 

carrying out its statutory authorities and 

clearly occur due to subsequent 

activities, including vehicle 

manufacturers’ production of passenger 

car and light truck fleets and consumer 

purchases and driving behavior. Thus, 

changes in any emissions that result 

from NHTSA’s final CAFE standards are 

not those for which the agency has a 

‘‘continuing program responsibility’’ and 

NHTSA is confident that a general 

conformity determination is not 

required. NHTSA has evaluated the 

potential impacts of air emissions under 

NEPA. 

4. 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 for 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 applicable to NHTSA’s 

Decision, because it does not directly 

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 affected resources, including 

historic and cultural resources. See 

Sections 3.5 and 4.5 of the FEIS. 

5. Executive Order 12898 

(Environmental Justice) 

Under Executive Order 12898, Federal 

agencies are required to identify and 

address any disproportionately high and 

adverse 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 lowincome populations in Sections 3.5 and 

4.5 of the FEIS, where the agency set 

forth a qualitative analysis of the 

cumulative effects of the alternatives on 

these populations. 

6. Fish and Wildlife 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. 

7. Coastal Zone Management Act 

(CZMA) 

The Coastal Zone Management Act 

(16 U.S.C. 1450) provides for the 

mstockstill on DSKB9S0YB1PROD with RULES2

25674 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 

preservation, protection, development, 

and (where possible) restoration and 

enhancement of the nation’s coastal 

zone resources. Under the statute, States 

are provided with funds and 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, any activity of a Federal 

agency, either within or outside of the 

coastal zone, that affects any 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 concludes 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 

Sections 3.5 and 4.5 of the FEIS. 

8. 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 

species or destroy or adversely 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 has reviewed applicable ESA 

regulations, case law, guidance, and 

rulings in assessing the potential for 

impacts to threatened and endangered 

species from the proposed CAFE 

standards. NHTSA believes that the 

agency’s action of setting CAFE 

standards, which will result in 

nationwide fuel savings and, 

consequently, emissions reductions 

from what would otherwise occur in the 

absence of the agency’s CAFE standards, 

does not require consultation with 

NOAA Fisheries Service or the FWS 

under section 7(a)(2) of the ESA. For 

additional discussion of the agency’s 

rationale, see Appendix G of the FEIS. 

Accordingly, NHTSA has concluded its 

review of this action under Section 7 of 

the ESA. 

NHTSA has worked with EPA to 

assess ESA requirements and develop 

the agencies’ responses to comments 

addressing this issue. NHTSA notes that 

EPA has reached the same conclusion as 

NHTSA, and has determined that ESA 

consultation is not required for its 

action taken today pursuant to the Clean 

Air Act. EPA’s determination with 

regard to ESA is set forth in its response 

to comments regarding ESA 

requirements, and can be found in 

EPA’s Response to Comments 

document, which EPA will place in the 

EPA docket for this rulemaking (OAR– 

2009–0472), and on the EPA Web site. 

As set forth therein, EPA adopts the 

reasoning of NHTSA’s response in 

Appendix G of the FEIS as applied to 

EPA’s rulemaking action. 

9. 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 restore 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 hazards 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 analysis of the proposed 

action and any practicable alternatives. 

If a practicable alternative avoids 

floodplain encroachment, then the 

agency is required to implement it. 

In this rulemaking, the agency is not 

occupying, 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. 

10. 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 use, 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 

having 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 located 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 FEIS. 

11. Migratory Bird Treaty Act (MBTA), 

Bald and Golden Eagle Protection Act 

(BGEPA), 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 bird 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 

Corp., 572 F.2d 902 (2nd Cir. 1978). 

The BGEPA (16 U.S.C. 668) prohibits 

any form of possession or taking of both 

mstockstill on DSKB9S0YB1PROD with RULES2

Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 25675 

784BMW, Daimler (Mercedes), Chrysler, Ferrari, 

Ford, Subaru, General Motors, Honda, Hyundai, 

Kia, Lotus, Maserati, Mazda, Mitsubishi, Nissan, 

Porsche, Subaru, Suzuki, Tata, Toyota, and 

Volkswagen. 

785The Regulatory Flexibility Act only requires 

analysis of small domestic manufacturers. There are 

two passenger car manufacturers that we know of, 

Saleen and Tesla, and no light truck manufacturers. 

786We note that Ferrari would not currently 

qualify for such an alternative standard, because it 

does not manufacture fewer than 10,000 passenger 

automobiles per year, as required by 49 U.S.C. 

32902(d) for exemption from the main passenger car 

CAFE standard. 

bald and golden eagles. Under the 

BGEPA, violators are subject to criminal 

and civil sanctions as well as an 

enhanced penalty provision for 

subsequent 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 Wildlife 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. 

12. 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 by Public Law § 109– 

59, is designed to preserve publicly 

owned parklands, waterfowl and 

wildlife refuges, and significant historic 

sites. Specifically, Section 4(f) of the 

Department of Transportation Act 

provides that DOT agencies cannot 

approve a transportation program or 

project that requires the use of any 

publicly 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 property resulting from use, or 

• A transportation use of Section 4(f) 

property 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 any publicly 

owned land. For a more detailed 

discussion, please see Section 3.5 of the 

FEIS. 

13. Regulatory Flexibility Act 

Pursuant to the Regulatory Flexibility 

Act (5 U.S.C. 601 et seq., as amended by 

the Small Business Regulatory 

Enforcement Fairness Act (SBREFA) of 

1996), whenever an agency is required 

to publish a notice of rulemaking for 

any proposed or final rule, it must 

prepare and make available for public 

comment a regulatory flexibility 

analysis that describes the effect of the 

rule on small entities (i.e., small 

businesses, small organizations, and 

small governmental jurisdictions). The 

Small Business Administration’s 

regulations at 13 CFR part 121 define a 

small business, in part, as a business 

entity ‘‘which operates primarily within 

the United States.’’ 13 CFR 121.105(a). 

No regulatory flexibility analysis is 

required if the head of an agency 

certifies the rule will not have a 

significant economic impact on a 

substantial number of small entities. 

I certify that this final rule will not 

have a significant economic impact on 

a substantial number of small entities. 

The following is NHTSA’s statement 

providing the factual basis for the 

certification (5 U.S.C. 605(b)). 

The final rule directly affects twentyone large single stage motor vehicle 

manufacturers.784 According to current 

information, the final rule would also 

affect two small domestic single stage 

motor vehicle manufacturers, Saleen 

and Tesla.785 According to the Small 

Business Administration’s small 

business size standards (see 13 CFR 

121.201), a single stage automobile or 

light truck manufacturer (NAICS code 

336111, Automobile Manufacturing; 

336112, Light Truck and Utility Vehicle 

Manufacturing) must have 1,000 or 

fewer employees to qualify as a small 

business. Both Saleen and Tesla have 

less than 1,000 employees and make 

less than 1,000 vehicles per year. We 

believe that the rulemaking would not 

have a significant economic impact on 

these small vehicle manufacturers 

because under part 525, passenger car 

manufacturers making less than 10,000 

vehicles per year can petition NHTSA to 

have alternative standards set for those 

manufacturers. Tesla produces only 

electric vehicles with fuel economy 

values far above those finalized today, 

so we would not expect them to need 

to petition for relief. Saleen modifies a 

very small number of vehicles produced 

by one of the 21 large single-stage 

manufacturers, and currently does not 

meet the 27.5 mpg passenger car 

standard, nor is it anticipated to be able 

to meet the standards proposed today. 

However, Saleen already petitions the 

agency for relief. If the standard is 

raised, it has no meaningful impact on 

Saleen, because it must still go through 

the same process to petition for relief. 

Ferrari commented that NHTSA will not 

necessarily always grant the petitions of 

small vehicle manufacturers for 

alternative standards, and that therefore 

the relief is not guaranteed.786 In 

response, NHTSA notes that the fact 

that the agency may not grant a petition 

for an alternative standard for one 

manufacturer at one time does not mean 

that the mechanism for handling small 

businesses is unavailable for all. Thus, 

given that there already is a mechanism 

for handling small businesses, which is 

the purpose of the Regulatory Flexibility 

Act, a regulatory flexibility analysis was 

not prepared. 

14. Executive Order 13132 (Federalism) 

Executive Order 13132 requires 

NHTSA to develop an accountable 

process to ensure ‘‘meaningful and 

timely input by State and local officials 

in the development of regulatory 

policies that have federalism 

implications.’’ The Order defines the 

term ‘‘Policies that have federalism 

implications’’ to include regulations that 

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.’’ Under the Order, 

NHTSA may not issue a regulation that 

has federalism implications, that 

imposes substantial direct compliance 

costs, and that is not required by statute, 

unless the Federal government provides 

the funds necessary to pay the direct 

compliance costs incurred by State and 

local governments, or NHTSA consults 

with State and local officials early in the 

process of developing the proposed 

regulation. Several state agencies 

provided comments to the proposed 

standards. 

Additionally, in his January 26 

memorandum, the President requested 

NHTSA to ‘‘consider whether any 

provisions regarding preemption are 

consistent with the EISA, the Supreme 

Court’s decision in Massachusetts v. 

EPA and other relevant provisions of 

law and the policies underlying them.’’ 

NHTSA is deferring consideration of the 

preemption issue. The agency believes 

that it is unnecessary to address the 

issue further at this time because of the 

consistent and coordinated Federal 

standards that will apply nationally 

under the National Program. 

mstockstill on DSKB9S0YB1PROD with RULES2

25676 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 

787 61 FR 4729 (Feb. 7, 1996). 

788 62 FR 19885 (Apr. 23, 1997). 

789The references referred to in the remainder of 

this section are detailed in Section 7.4.5 of the FEIS. 

15. Executive Order 12988 (Civil Justice 

Reform) 

Pursuant to Executive Order 12988, 

‘‘Civil Justice Reform,’’ 787 NHTSA has 

considered whether this rulemaking 

would have any retroactive effect. This 

final rule does not have any retroactive 

effect. 

16. Unfunded Mandates Reform Act 

Section 202 of the Unfunded 

Mandates Reform Act of 1995 (UMRA) 

requires Federal agencies to prepare a 

written assessment of the costs, benefits, 

and other effects of a proposed or final 

rule that includes a Federal mandate 

likely to result in the expenditure by 

State, local, or tribal governments, in the 

aggregate, or by the private sector, of 

more than $100 million in any one year 

(adjusted for inflation with base year of 

1995). Adjusting this amount by the 

implicit gross domestic product price 

deflator for 2006 results in $126 million 

(116.043/92.106 = 1.26). Before 

promulgating a rule for which a written 

statement is needed, section 205 of 

UMRA generally requires NHTSA to 

identify and consider a reasonable 

number of regulatory alternatives and 

adopt the least costly, most costeffective, 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 NHTSA to 

adopt an alternative other than the least 

costly, most cost-effective, or least 

burdensome alternative if the agency 

publishes with the final rule an 

explanation why that alternative was 

not adopted. 

This final rule will not result in the 

expenditure by State, local, or tribal 

governments, in the aggregate, of more 

than $126 million annually, but it will 

result in the expenditure of that 

magnitude by vehicle manufacturers 

and/or their suppliers. In promulgating 

this final rule, NHTSA considered a 

variety of alternative average fuel 

economy standards lower and higher 

than those proposed. NHTSA is 

statutorily required to set standards at 

the maximum feasible level achievable 

by manufacturers based on its 

consideration and balancing of relevant 

factors and has concluded that the final 

fuel economy standards are the 

maximum feasible standards for the 

passenger car and light truck fleets for 

MYs 2012–2016 in light of the statutory 

considerations. 

17. Regulation Identifier Number 

The Department of Transportation 

assigns a regulation identifier number 

(RIN) to each regulatory action listed in 

the Unified Agenda of Federal 

Regulations. The Regulatory Information 

Service Center publishes the Unified 

Agenda in April and October of each 

year. You may use the RIN contained in 

the heading at the beginning of this 

document to find this action in the 

Unified Agenda. 

18. Executive Order 13045 

Executive Order 13045788 applies to 

any rule that: (1) Is determined to be 

economically significant as defined 

under E.O. 12866, and (2) concerns an 

environmental, health, or safety risk that 

NHTSA has reason to believe may have 

a disproportionate effect on children. If 

the regulatory action meets both criteria, 

we must evaluate the environmental 

health or safety effects of the proposed 

rule on children, and explain why the 

proposed regulation is preferable to 

other potentially effective and 

reasonably foreseeable alternatives 

considered by us. 

Chapter 4 of NHTSA’s FEIS notes that 

breathing PM can cause respiratory 

ailments, heart attack, and arrhythmias 

(Dockery et al. 1993, Samet et al. 2000, 

Pope et al. 1995, 2002, 2004, Pope and 

Dockery 2006, Dominici et al. 2006, 

Laden et al. 2006, all in Ebi et al. 

2008).789 Populations at greatest risk 

could include children, the elderly, and 

those with heart and lung disease, 

diabetes (Ebi et al. 2008), and high 

blood pressure (Ku ̈nzli et al. 2005, in 

Ebi et al. 2008). Chronic exposure to PM 

could decrease lifespan by 1 to 3 years 

(Pope 2000, in American Lung 

Association 2008). Increasing PM 

concentrations are expected to have a 

measurable adverse impact on human 

health (Confalonieri et al. 2007). 

Additionally, the FEIS notes that 

substantial morbidity and childhood 

mortality has been linked to water- and 

food-borne diseases. Climate change is 

projected to alter temperature and the 

hydrologic cycle through changes in 

precipitation, evaporation, 

transpiration, and water storage. These 

changes, in turn, potentially affect 

water-borne and food-borne diseases, 

such as salmonellosis, campylobacter, 

leptospirosis, and pathogenic species of 

vibrio. They also have a direct impact 

on surface water availability and water 

quality. Increased temperatures, greater 

evaporation, and heavy rain events have 

been associated with adverse impacts on 

drinking water through increased 

waterborne diseases, algal blooms, and 

toxins (Chorus and Bartram 1999, Levin 

et al. 2002, Johnson and Murphy 2004, 

all in Epstein et al. 2005). A seasonal 

signature has been associated with 

waterborne disease outbreaks (EPA 

2009b). In the United States, 68 percent 

of all waterborne diseases between 1948 

and 1994 were observed after heavy 

rainfall events (Curriero et al. 2001a, in 

Epstein et al. 2005). 

Climate change could further impact 

a pathogen by directly affecting its life 

cycle (Ebi et al. 2008). The global 

increase in the frequency, intensity, and 

duration of red tides could be linked to 

local impacts already associated with 

climate change (Harvell et al. 1999, in 

Epstein et al. 2005); toxins associated 

with red tide directly affect the nervous 

system (Epstein et al. 2005). 

Many people do not report or seek 

medical attention for their ailments of 

water-borne or food-borne diseases; 

hence, the number of actual cases with 

these diseases is greater than clinical 

records demonstrate (Mead et al. 1999, 

in Ebi et al. 2008). Many of the 

gastrointestinal diseases associated with 

water-borne and food-borne diseases 

can be self-limiting; however, 

vulnerable populations include young 

children, those with a compromised 

immune system, and the elderly. 

Thus, as detailed in the FEIS, NHTSA 

has evaluated the environmental health 

and safety effects of agency’s action on 

children. 

19. National Technology Transfer and 

Advancement Act 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act (NTTAA) requires NHTA to 

evaluate and use existing voluntary 

consensus standards in its regulatory 

activities unless doing so would be 

inconsistent with applicable law (e.g., 

the statutory provisions regarding 

NHTSA’s vehicle safety authority) or 

otherwise impractical. 

Voluntary consensus standards are 

technical standards developed or 

adopted by voluntary consensus 

standards bodies. Technical standards 

are defined by the NTTAA as 

‘‘performance-base or design-specific 

technical specification and related 

management systems practices.’’ They 

pertain to ‘‘products and processes, such 

as size, strength, or technical 

performance of a product, process or 

material.’’ 

Examples of organizations generally 

regarded as voluntary consensus 

standards bodies include the American 

Society for Testing and Materials 

(ASTM), the Society of Automotive 

mstockstill on DSKB9S0YB1PROD with RULES2

Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 25677 

790 66 FR 28355 (May 18, 2001). 

Engineers (SAE), and the American 

National Standards Institute (ANSI). If 

NHTSA does not use available and 

potentially applicable voluntary 

consensus standards, we are required by 

the Act to provide Congress, through 

OMB, an explanation of the reasons for 

not using such standards. 

There are currently no voluntary 

consensus standards relevant to today’s 

final CAFE standards. 

20. Executive Order 13211 

Executive Order 13211790 applies to 

any rule that: (1) Is determined to be 

economically significant as defined 

under E.O. 12866, and is likely to have 

a significant adverse effect on the 

supply, distribution, or use of energy; or 

(2) that is designated by the 

Administrator of the Office of 

Information and Regulatory Affairs as a 

significant energy action. If the 

regulatory action meets either criterion, 

we must evaluate the adverse energy 

effects of the final rule and explain why 

the final regulation is preferable to other 

potentially effective and reasonably 

feasible alternatives considered by us. 

The final rule seeks to establish 

passenger car and light truck fuel 

economy standards that will reduce the 

consumption of petroleum and will not 

have any adverse energy effects. 

Accordingly, this final rulemaking 

action is not designated as a significant 

energy action. 

21. Department of Energy Review 

In accordance with 49 U.S.C. 

32902(j)(1), we submitted this final rule 

to the Department of Energy for review. 

That Department did not make any 

comments that we have not addressed. 

22. Privacy Act 

Anyone is able to search the 

electronic form of all comments 

received into any of our dockets by 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 

review 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. 

List of Subjects 

40 CFR 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. 

49 CFR Part 531 and 533 

Fuel economy. 

49 CFR Part 536 and 537 

Fuel economy, Reporting and 

recordkeeping requirements. 

49 CFR Part 538 

Administrative practice and 

procedure, Fuel economy, Motor 

vehicles, Reporting and recordkeeping 

requirements. 

Environmental Protection Agency 

40 CFR Chapter I 

■ Accordingly, EPA amends 40 CFR 

Chapter I as follows: 

PART 85—CONTROL OF AIR 

POLLUTION FROM MOBILE SOURCES 

■ 1. The authority citation for part 85 

continues to read as follows: 

Authority: 42 U.S.C. 7401–7671q. 

Subpart T—[Amended] 

■ 2. Section 85.1902 is amended by 

revising paragraphs (b) and (d) to read 

as follows: 

§ 85.1902 Definitions. 

* * * * * 

(b) The phrase emission-related defect 

shall mean: 

(1) A defect in design, materials, or 

workmanship in a device, system, or 

assembly described in the approved 

Application for Certification (required 

by 40 CFR 86.1843–01 and 86.1844–01, 

and by 40 CFR 86.001–22 and similar 

provisions of 40 CFR part 86) which 

affects any parameter or specification 

enumerated in appendix VIII of this 

part; or 

(2) A defect in the design, materials, 

or workmanship in one or more 

emissions control or emission-related 

parts, components, systems, software or 

elements of design which must function 

properly to assure continued 

compliance with vehicle emission 

requirements, including compliance 

with CO2, CH4, N2O, and carbon-related 

exhaust emission standards; 

* * * * * 

(d) The phrase Voluntary Emissions 

Recall shall mean a repair, adjustment, 

or modification program voluntarily 

initiated and conducted by a 

manufacturer to remedy any emissionrelated defect for which direct 

notification of vehicle or engine owners 

has been provided, including programs 

to remedy defects related to emissions 

standards for CO2, CH4, N2O, and/or 

carbon-related exhaust emissions. 

* * * * * 

PART 86—CONTROL OF EMISSIONS 

FROM NEW AND IN–USE HIGHWAY 

VEHICLES AND ENGINES 

■ 3. The authority citation for part 86 

continues to read as follows: 

Authority: 42 U.S.C. 7401–7671q. 

■ 4. Section 86.1 is amended by adding 

paragraphs (b)(2)(xxxix) through (xl) to 

read as follows: 

§ 86.1 Reference materials. 

* * * * * 

(b) * * * 

(2) * * * 

(xxxix) SAE J2064, Revised December 

2005, R134a Refrigerant Automotive 

Air-Conditioned Hose, IBR approved for 

§ 86.166–12. 

(xl) SAE J2765, October, 2008, 

Procedure for Measuring System COP 

[Coefficient of Performance] of a Mobile 

Air Conditioning System on a Test 

Bench, IBR approved for § 86.1866–12. 

* * * * * 

Subpart B—[Amended] 

■ 5. Section 86.111–94 is amended by 

revising paragraph (b) introductory text 

to read as follows: 

§ 86.111–94 Exhaust gas analytical 

system. 

* * * * * 

(b) Major component description. The 

exhaust gas analytical system, Figure 

B94–7, consists of a flame ionization 

detector (FID) (heated, 235 °±15 °F (113 

°±8 °C) for methanol-fueled vehicles) for 

the determination of THC, a methane 

analyzer (consisting of a gas 

chromatograph combined with a FID) 

for the determination of CH4, nondispersive infrared analyzers (NDIR) for 

the determination of CO and CO2, a 

chemiluminescence analyzer (CL) for 

the determination of NOX, and an 

analyzer meeting the requirements 

specified in 40 CFR 1065.275 for the 

determination of N2O (required for 2015 

and later model year vehicles). A heated 

mstockstill on DSKB9S0YB1PROD with RULES2

25678 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 

flame ionization detector (HFID) is used 

for the continuous determination of 

THC from petroleum-fueled diesel-cycle 

vehicles (may also be used with 

methanol-fueled diesel-cycle vehicles), 

Figure B94–5 (or B94–6). The analytical 

system for methanol consists of a gas 

chromatograph (GC) equipped with a 

flame ionization detector. The analysis 

for formaldehyde is performed using 

high-pressure liquid chromatography 

(HPLC) of 2,4-dinitrophenylhydrazine 

(DNPH) derivatives using ultraviolet 

(UV) detection. The exhaust gas 

analytical system shall conform to the 

following requirements: 

* * * * * 

■ 6. Section 86.113–04 is amended by 

revising the entry for RVP in the table 

in paragraph (a)(1) to read as follows: 

§ 86.113–04 Fuel specifications. 

* * * * * 

(a) * * * 

(1) * * * 

Item ASTM test method No. Value 

* * * * * * * 

RVP2, 3 ..................................................................................................................................... D 323 8.7–9.2 (60.0–63.4) 

* * * * * * * 

* * * * * 

■ 7. A new § 86.127–12 is added to read 

as follows: 

§ 86.127–12 Test procedures; overview. 

Applicability. The procedures 

described in this subpart are used to 

determine the conformity of vehicles 

with the standards set forth in subpart 

A or S of this part (as applicable) for 

light-duty vehicles, light-duty trucks, 

and medium-duty passenger vehicles. 

Except where noted, the procedures of 

paragraphs (a) through (d) of this 

section, and the contents of §§ 86.135– 

00, 86.136–90, 86.137–96, 86.140–94, 

86.142–90, and 86.144–94 are 

applicable for determining emission 

results for vehicle exhaust emission 

systems designed to comply with the 

FTP emission standards, or the FTP 

emission element required for 

determining compliance with composite 

SFTP standards. Paragraph (e) of this 

section discusses fuel spitback 

emissions. Paragraphs (f) and (g) of this 

section discuss the additional test 

elements of aggressive driving (US06) 

and air conditioning (SC03) that 

comprise the exhaust emission 

components of the SFTP. Paragraphs (h) 

and (i) of this section are applicable to 

all vehicle emission test procedures. 

(a) The overall test consists of 

prescribed sequences of fueling, 

parking, and operating test conditions. 

Vehicles are tested for any or all of the 

following emissions, depending upon 

the specific test requirements and the 

vehicle fuel type: 

(1) Gaseous exhaust THC, NMHC, 

NMOG, CO, NOX, CO2, N2O, CH4, 

CH3OH, C2H5OH, C2H4O, and HCHO. 

(2) Particulates. 

(3) Evaporative HC (for gasolinefueled, methanol-fueled and gaseousfueled vehicles) and CH3OH (for 

methanol-fueled vehicles). The 

evaporative testing portion of the 

procedure occurs after the exhaust 

emission test; however, exhaust 

emissions need not be sampled to 

complete a test for evaporative 

emissions. 

(4) Fuel spitback (this test is not 

required for gaseous-fueled vehicles). 

(b) The FTP Otto-cycle exhaust 

emission test is designed to determine 

gaseous THC, NMHC, NMOG, CO, CO2, 

CH4, NOX, N2O, and particulate mass 

emissions from gasoline-fueled, 

methanol-fueled and gaseous-fueled 

Otto-cycle vehicles as well as methanol 

and formaldehyde from methanol-fueled 

Otto-cycle vehicles, as well as methanol, 

ethanol, acetaldehyde, and 

formaldehyde from ethanol-fueled 

vehicles, while simulating an average 

trip in an urban area of approximately 

11 miles (approximately 18 kilometers). 

The test consists of engine start-ups and 

vehicle operation on a chassis 

dynamometer through a specified 

driving schedule (see paragraph (a) of 

appendix I to this part for the Urban 

Dynamometer Driving Schedule). A 

proportional part of the diluted exhaust 

is collected continuously for subsequent 

analysis, using a constant volume 

(variable dilution) sampler or critical 

flow venturi sampler. 

(c) The diesel-cycle exhaust emission 

test is designed to determine particulate 

and gaseous mass emissions during the 

test described in paragraph (b) of this 

section. For petroleum-fueled dieselcycle vehicles, diluted exhaust is 

continuously analyzed for THC using a 

heated sample line and analyzer; the 

other gaseous emissions (CH4, CO, CO2, 

N2O, and NOX) are collected 

continuously for analysis as in 

paragraph (b) of this section. For 

methanol- and ethanol-fueled vehicles, 

THC, methanol, formaldehyde, CO, CO2, 

CH4, N2O, and NOX are collected 

continuously for analysis as in 

paragraph (b) of this section. 

Additionally, for ethanol-fueled 

vehicles, ethanol and acetaldehyde are 

collected continuously for analysis as in 

paragraph (b) of this section. THC, 

methanol, ethanol, acetaldehyde, and 

formaldehyde are collected using heated 

sample lines, and a heated FID is used 

for THC analyses. Simultaneous with 

the gaseous exhaust collection and 

analysis, particulates from a 

proportional part of the diluted exhaust 

are collected continuously on a filter. 

The mass of particulate is determined 

by the procedure described in § 86.139. 

This testing requires a dilution tunnel as 

well as the constant volume sampler. 

(d) The evaporative emission test 

(gasoline-fueled vehicles, methanolfueled and gaseous-fueled vehicles) is 

designed to determine hydrocarbon and 

methanol evaporative emissions as a 

consequence of diurnal temperature 

fluctuation, urban driving and hot soaks 

following drives. It is associated with a 

series of events that a vehicle may 

experience and that may result in 

hydrocarbon and/or methanol vapor 

losses. The test procedure is designed to 

measure: 

(1) Diurnal emissions resulting from 

daily temperature changes (as well as 

relatively constant resting losses), 

measured by the enclosure technique 

(see § 86.133–96); 

(2) Running losses resulting from a 

simulated trip performed on a chassis 

dynamometer, measured by the 

enclosure or point-source technique (see 

§ 86.134–96; this test is not required for 

gaseous-fueled vehicles); and 

(3) Hot soak emissions, which result 

when the vehicle is parked and the hot 

engine is turned off, measured by the 

enclosure technique (see § 86.138–96). 

(e) Fuel spitback emissions occur 

when a vehicle’s fuel fill neck cannot 

mstockstill on DSKB9S0YB1PROD with RULES2

Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 25679 

accommodate dispensing rates. The 

vehicle test for spitback consists of a 

short drive followed immediately by a 

complete refueling event. This test is 

not required for gaseous-fueled vehicles. 

(f) The element of the SFTP for 

exhaust emissions related to aggressive 

driving (US06) is designed to determine 

gaseous THC, NMHC, CO, CO2, CH4, 

and NOX emissions from gasoline-fueled 

or diesel-fueled vehicles (see § 86.158– 

08 Supplemental test procedures; 

overview, and § 86.159–08 Exhaust 

emission test procedures for US06 

emissions). The test cycle simulates 

urban driving speeds and accelerations 

that are not represented by the FTP 

Urban Dynamometer Driving Schedule 

simulated trips discussed in paragraph 

(b) of this section. The test consists of 

vehicle operation on a chassis 

dynamometer through a specified 

driving cycle (see paragraph (g), US06 

Dynamometer Driving Schedule, of 

appendix I to this part). A proportional 

part of the diluted exhaust is collected 

continuously for subsequent analysis, 

using a constant volume (variable 

dilution) sampler or critical flow venturi 

sampler. 

(g)(1) The element of the SFTP related 

to the increased exhaust emissions 

caused by air conditioning operation 

(SC03) is designed to determine gaseous 

THC, NMHC, CO, CO2, CH4, and NOX

emissions from gasoline-fueled or diesel 

fueled vehicles related to air 

conditioning use (see § 86.158–08 

Supplemental Federal test procedures; 

overview and § 86.160–00 Exhaust 

emission test procedure for SC03 

emissions). The test cycle simulates 

urban driving behavior with the air 

conditioner operating. The test consists 

of engine startups and vehicle operation 

on a chassis dynamometer through 

specified driving cycles (see paragraph 

(h), SC03 Dynamometer Driving 

Schedule, of appendix I to this part). A 

proportional part of the diluted exhaust 

is collected continuously for subsequent 

analysis, using a constant volume 

(variable dilution) sampler or critical 

flow venturi sampler. The testing 

sequence includes an approved 

preconditioning cycle, a 10 minute soak 

with the engine turned off, and the SC03 

cycle with measured exhaust emissions. 

(2) The SC03 air conditioning test is 

conducted with the air conditioner 

operating at specified settings and the 

ambient test conditions of: 

(i) Air temperature of 95 °F; 

(ii) 100 grains of water/pound of dry 

air (approximately 40 percent relative 

humidity); 

(iii) Simulated solar heat intensity of 

850 W/m2 (see § 86.161–00(d)); and 

(iv) Air flow directed at the vehicle 

that will provide representative air 

conditioner system condenser cooling at 

all vehicle speeds (see § 86.161–00(e)). 

(3) Manufacturers have the option of 

simulating air conditioning operation 

during testing at other ambient test 

conditions provided they can 

demonstrate that the vehicle tail pipe 

exhaust emissions are representative of 

the emissions that would result from the 

SC03 cycle test procedure and the 

ambient conditions of paragraph (g)(2) 

of this section. The simulation test 

procedure must be approved in advance 

by the Administrator (see §§ 86.162–03 

and 86.163–00). 

(h) Except in cases of component 

malfunction or failure, all emission 

control systems installed on or 

incorporated in a new motor vehicle 

shall be functioning during all 

procedures in this subpart. Maintenance 

to correct component malfunction or 

failure shall be authorized in 

accordance with § 86.007–25 or 

§ 86.1834–01 as applicable. 

(i) Background concentrations are 

measured for all species for which 

emissions measurements are made. For 

exhaust testing, this requires sampling 

and analysis of the dilution air. For 

evaporative testing, this requires 

measuring initial concentrations. (When 

testing methanol-fueled vehicles, 

manufacturers may choose not to 

measure background concentrations of 

methanol and/or formaldehyde, and 

then assume that the concentrations are 

zero during calculations.) 

■ 8. A new § 86.135–12 is added to read 

as follows: 

§ 86.135–12 Dynamometer procedure. 

(a) Overview. The dynamometer run 

consists of two tests, a ‘‘cold’’ start test, 

after a minimum 12-hour and a 

maximum 36-hour soak according to the 

provisions of §§ 86.132 and 86.133, and 

a ‘‘hot’’ start test following the ‘‘cold’’ 

start by 10 minutes. Engine startup 

(with all accessories turned off), 

operation over the UDDS, and engine 

shutdown make a complete cold start 

test. Engine startup and operation over 

the first 505 seconds of the driving 

schedule complete the hot start test. The 

exhaust emissions are diluted with 

ambient air in the dilution tunnel as 

shown in Figure B94–5 and Figure 

B94–6. A dilution tunnel is not required 

for testing vehicles waived from the 

requirement to measure particulates. Six 

particulate samples are collected on 

filters for weighing; the first sample plus 

backup is collected during the first 505 

seconds of the cold start test; the second 

sample plus backup is collected during 

the remainder of the cold start test 

(including shutdown); the third sample 

plus backup is collected during the hot 

start test. Continuous proportional 

samples of gaseous emissions are 

collected for analysis during each test 

phase. For gasoline-fueled, natural gasfueled and liquefied petroleum gasfueled Otto-cycle vehicles, the 

composite samples collected in bags are 

analyzed for THC, CO, CO2, CH4, NOX, 

and, for 2015 and later model year 

vehicles, N2O. For petroleum-fueled 

diesel-cycle vehicles (optional for 

natural gas-fueled, liquefied petroleum 

gas-fueled and methanol-fueled dieselcycle vehicles), THC is sampled and 

analyzed continuously according to the 

provisions of § 86.110–94. Parallel 

samples of the dilution air are similarly 

analyzed for THC, CO, CO2, CH4, NOX, 

and, for 2015 and later model year 

vehicles, N2O. For natural gas-fueled, 

liquefied petroleum gas-fueled and 

methanol-fueled vehicles, bag samples 

are collected and analyzed for THC (if 

not sampled continuously), CO, CO2, 

CH4, NOX, and, for 2015 and later model 

year vehicles, N2O. For methanol-fueled 

vehicles, methanol and formaldehyde 

samples are taken for both exhaust 

emissions and dilution air (a single 

dilution air formaldehyde sample, 

covering the total test period may be 

collected). For ethanol-fueled vehicles, 

methanol, ethanol, acetaldehyde, and 

formaldehyde samples are taken for 

both exhaust emissions and dilution air 

(a single dilution air formaldehyde 

sample, covering the total test period 

may be collected). Parallel bag samples 

of dilution air are analyzed for THC, CO, 

CO2, CH4, NOX, and, for 2015 and later 

model year vehicles, N2O. 

(b) During dynamometer operation, a 

fixed speed cooling fan shall be 

positioned so as to direct cooling air to 

the vehicle in an appropriate manner 

with the engine compartment cover 

open. In the case of vehicles with front 

engine compartments, the fan shall be 

squarely positioned within 12 inches 

(30.5 centimeters) of the vehicle. In the 

case of vehicles with rear engine 

compartments (or if special designs 

make the above impractical), the cooling 

fan shall be placed in a position to 

provide sufficient air to maintain 

vehicle cooling. The fan capacity shall 

normally not exceed 5300 cfm (2.50 m3/ 

sec). However, if the manufacturer can 

show that during field operation the 

vehicle receives additional cooling, and 

that such additional cooling is needed 

to provide a representative test, the fan 

capacity may be increased, additional 

fans used, variable speed fan(s) may be 

used, and/or the engine compartment 

mstockstill on DSKB9S0YB1PROD with RULES2

25680 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 

cover may be closed, if approved in 

advance by the Administrator. For 

example, the hood may be closed to 

provide adequate air flow to an 

intercooler through a factory installed 

hood scoop. Additionally, the 

Administrator may conduct 

certification, fuel economy and in-use 

testing using the additional cooling setup approved for a specific vehicle. 

(c) The vehicle speed as measured 

from the dynamometer rolls shall be 

used. A speed vs. time recording, as 

evidence of dynamometer test validity, 

shall be supplied on request of the 

Administrator. 

(d) Practice runs over the prescribed 

driving schedule may be performed at 

test point, provided an emission sample 

is not taken, for the purpose of finding 

the minimum throttle action to maintain 

the proper speed-time relationship, or to 

permit sampling system adjustment. 

Note: When using two-roll 

dynamometers a truer speed-time trace 

may be obtained by minimizing the 

rocking of the vehicle in the rolls; the 

rocking of the vehicle changes the tire 

rolling radius on each roll. This rocking 

may be minimized by restraining the 

vehicle horizontally (or nearly so) by 

using a cable and winch. 

(e) The drive wheel tires may be 

inflated up to a gauge pressure of 45 psi 

(310 kPa) in order to prevent tire 

damage. The drive wheel tire pressure 

shall be reported with the test results. 

(f) If the dynamometer has not been 

operated during the 2-hour period 

immediately preceding the test, it shall 

be warmed up for 15 minutes by 

operating at 30 mph (48 kph) using a 

non-test vehicle or as recommended by 

the dynamometer manufacturer. 

(g) If the dynamometer horsepower 

must be adjusted manually, it shall be 

set within 1 hour prior to the exhaust 

emissions test phase. The test vehicle 

shall not be used to make this 

adjustment. Dynamometers using 

automatic control of pre-selectable 

power settings may be set anytime prior 

to the beginning of the emissions test. 

(h) The driving distance, as measured 

by counting the number of 

dynamometer roll or shaft revolutions, 

shall be determined for the transient 

cold start, stabilized cold start, and 

transient hot start phases of the test. The 

revolutions shall be measured on the 

same roll or shaft used for measuring 

the vehicle’s speed. 

(i) Four-wheel drive and all-wheel 

drive vehicles may be tested either in a 

four-wheel drive or a two-wheel drive 

mode of operation. In order to test in the 

two-wheel drive mode, four-wheel drive 

and all-wheel drive vehicles may have 

one set of drive wheels disengaged; 

four-wheel and all-wheel drive vehicles 

which can be shifted to a two-wheel 

mode by the driver may be tested in a 

two-wheel drive mode of operation. 

■ 9. A new § 86.165–12 is added to 

subpart B to read as follows: 

§ 86.165–12 Air conditioning idle test 

procedure. 

(a) Applicability. This section 

describes procedures for determining air 

conditioning-related CO2 emissions 

from light-duty vehicles, light-duty 

trucks, and medium-duty passenger 

vehicles. The results of this test are used 

to qualify for air conditioning efficiency 

CO2 credits according to § 86.1866– 

12(c). 

(b) Overview. The test consists of a 

brief period to stabilize the vehicle at 

idle, followed by a ten-minute period at 

idle when CO2 emissions are measured 

without any air conditioning systems 

operating, followed by a ten-minute 

period at idle when CO2 emissions are 

measured with the air conditioning 

system operating. This test is designed 

to determine the air conditioningrelated CO2 emission value, in grams 

per minute. If engine stalling occurs 

during cycle operation, follow the 

provisions of § 86.136–90 to restart the 

test. Measurement instruments must 

meet the specifications described in this 

subpart. 

(c) Test cell ambient conditions. 

(1) Ambient humidity within the test 

cell during all phases of the test 

sequence shall be controlled to an 

average of 50 ± 5 grains of water/pound 

of dry air. 

(2) Ambient air temperature within 

the test cell during all phases of the test 

sequence shall be controlled to 75 ± 2 

°F on average and 75 ± 5 °F as an 

instantaneous measurement. Air 

temperature shall be recorded 

continuously at a minimum of 30 

second intervals. 

(d) Test sequence. 

(1) Connect the vehicle exhaust 

system to the raw sampling location or 

dilution stage according to the 

provisions of this subpart. For dilution 

systems, dilute the exhaust as described 

in this subpart. Continuous sampling 

systems must meet the specifications 

provided in this subpart. 

(2) Test the vehicle in a fully warmedup condition. If the vehicle has soaked 

for two hours or less since the last 

exhaust test element, preconditioning 

may consist of a 505 Cycle, 866 Cycle, 

US06, or SC03, as these terms are 

defined in § 86.1803–01, or a highway 

fuel economy test procedure, as defined 

in § 600.002–08 of this chapter. For soak 

periods longer than two hours, 

precondition the vehicle using one full 

Urban Dynamometer Driving Schedule. 

Ensure that the vehicle has stabilized at 

test cell ambient conditions such that 

the vehicle interior temperature is not 

substantially different from the external 

test cell temperature. Windows may be 

opened during preconditioning to 

achieve this stabilization. 

(3) Immediately after the 

preconditioning, turn off any cooling 

fans, if present, close the vehicle’s hood, 

fully close all the vehicle’s windows, 

ensure that all the vehicle’s air 

conditioning systems are set to full off, 

start the CO2 sampling system, and then 

idle the vehicle for not less than 1 

minute and not more than 5 minutes to 

achieve normal and stable idle 

operation. 

(4) Measure and record the 

continuous CO2 concentration for 600 

seconds. Measure the CO2 concentration 

continuously using raw or dilute 

sampling procedures. Multiply this 

concentration by the continuous (raw or 

dilute) flow rate at the emission 

sampling location to determine the CO2

flow rate. Calculate the CO2 cumulative 

flow rate continuously over the test 

interval. This cumulative value is the 

total mass of the emitted CO2. 

(5) Within 60 seconds after 

completing the measurement described 

in paragraph (d)(4) of this section, turn 

on the vehicle’s air conditioning system. 

Set automatic air conditioning systems 

to a temperature 9 °F (5 °C) below the 

ambient temperature of the test cell. Set 

manual air conditioning systems to 

maximum cooling with recirculation 

turned off, except that recirculation 

shall be enabled if the air conditioning 

system automatically defaults to a 

recirculation mode when set to 

maximum cooling. Continue idling the 

vehicle while measuring and recording 

the continuous CO2 concentration for 

600 seconds as described in paragraph 

(d)(4) of this section. Air conditioning 

systems with automatic temperature 

controls are finished with the test after 

this 600 second idle period. Manually 

controlled air conditioning systems 

must complete one additional idle 

period as described in paragraph (d)(6) 

of this section. 

(6) This paragraph (d)(6) applies only 

to manually controlled air conditioning 

systems. Within 60 seconds after 

completing the measurement described 

in paragraph (d)(5) of this section, leave 

the vehicle’s air conditioning system on 

and set as described in paragraph (d)(5) 

of this section but set the fan speed to 

the lowest setting that continues to 

provide air flow. Recirculation shall be 

turned off except that if the system 

defaults to a recirculation mode when 

set to maximum cooling and maintains 

mstockstill on DSKB9S0YB1PROD with RULES2

Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 25681 

recirculation with the low fan speed, 

then recirculation shall continue to be 

enabled. After the fan speed has been 

set, continue idling the vehicle while 

measuring and recording the continuous 

CO2 concentration for a total of 600 

seconds as described in paragraph (d)(4) 

of this section. 

(e) Calculations. (1) For the 

measurement with no air conditioning 

operation, calculate the CO2 emissions 

(in grams per minute) by dividing the 

total mass of CO2 from paragraph (d)(4) 

of this section by 10.0 (the duration in 

minutes for which CO2 is measured). 

Round this result to the nearest tenth of 

a gram per minute. 

(2)(i) For the measurement with air 

conditioning in operation for automatic 

air conditioning systems, calculate the 

CO2 emissions (in grams per minute) by 

dividing the total mass of CO2 from 

paragraph (d)(5) of this section by 10.0. 

Round this result to the nearest tenth of 

a gram per minute. 

(ii) For the measurement with air 

conditioning in operation for manually 

controlled air conditioning systems, 

calculate the CO2 emissions (in grams 

per minute) by summing the total mass 

of CO2 from paragraphs (d)(5) and (d)(6) 

of this section and dividing by 20.0. 

Round this result to the nearest tenth of 

a gram per minute. 

(3) Calculate the increased CO2

emissions due to air conditioning (in 

grams per minute) by subtracting the 

results of paragraph (e)(1) of this section 

from the results of paragraph (e)(2)(i) or 

(ii) of this section, whichever is 

applicable. 

(f) The Administrator may prescribe 

procedures other than those in this 

section for air conditioning systems 

and/or vehicles that may not be 

susceptible to satisfactory testing by the 

procedures and methods in this section. 

For example, the Administrator may 

prescribe alternative air conditioning 

system settings for systems with 

controls that are not able to meet the 

requirements in this section. 

■ 10. A new § 86.166–12 is added to 

subpart B to read as follows: 

§ 86.166–12 Method for calculating 

emissions due to air conditioning leakage. 

This section describes procedures 

used to determine a refrigerant leakage 

rate in grams per year from vehiclebased air conditioning units. The results 

of this test are used to determine air 

conditioning leakage credits according 

to § 86.1866–12(b). 

(a) Emission totals. Calculate an 

annual rate of refrigerant leakage from 

an air conditioning system using the 

following equation: 

Grams/YRTOT = Grams/YRRP + Grams/ 

YRSP + Grams/YRFH + Grams/YRMC

+ Grams/YRC

Where: 

Grams/YRTOT = Total air conditioning system 

emission rate in grams per year and 

rounded to the nearest tenth of a gram 

per year. 

Grams/YRRP = Emission rate for rigid pipe 

connections as described in paragraph 

(b) of this section. 

Grams/YRSP = Emission rate for service ports 

and refrigerant control devices as 

described in paragraph (c) of this section. 

Grams/YRFH = Emission rate for flexible 

hoses as described in paragraph (d) of 

this section. 

Grams/YRMC = Emission rate for heat 

exchangers, mufflers, receiver/driers, 

and accumulators as described in 

paragraph (e) of this section. 

Grams/YRC = Emission rate for compressors 

as described in paragraph (f) of this 

section. 

(b) Rigid pipe connections. Determine 

the grams per year emission rate for 

rigid pipe connections using the 

following equation: 

Grams/YRRP = 0.00522 × [(125 × SO) + 

(75 × SCO) + (50 × MO) + (10 × SW) 

+ (5 × SWO) + (MG)] 

Where: 

Grams/YRRP = Total emission rate for rigid 

pipe connections in grams per year. 

SO = The number of single O-ring 

connections. 

SCO = The number of single captured O-ring 

connections. 

MO = The number of multiple O-ring 

connections. 

SW = The number of seal washer 

connections. 

SWO = The number of seal washer with Oring connections. 

MG = The number of metal gasket 

connections. 

(c) Service ports and refrigerant 

control devices. Determine the grams 

per year emission rate for service ports 

and refrigerant control devices using the 

following equation: 

Grams/YRSP = 0.522 × [(0.3 × HSSP) + 

(0.2 × LSSP) + (0.2 × STV) + (0.2 × 

TXV)] 

Where: 

Grams/YRSP = The emission rate for service 

ports and refrigerant control devices, in 

grams per year. 

HSSP = The number of high side service 

ports. 

LSSP = The number of low side service ports. 

STV = The total number of switches, 

transducers, and pressure relief valves. 

TXV = The number of refrigerant control 

devices. 

(d) Flexible hoses. Determine the 

permeation emission rate in grams per 

year for each segment of flexible hose 

using the following equation, and then 

sum the values for all hoses in the 

system to calculate a total flexible hose 

emission rate for the system. Hose end 

connections shall be included in the 

calculations in paragraph (b) of this 

section. 

Grams/YRFH = 0.00522 × (3.14159 × ID 

× L × ER) 

Where: 

Grams/YRFH = Emission rate for a segment of 

flexible hose in grams per year. 

ID = Inner diameter of hose, in millimeters. 

L = Length of hose, in millimeters. 

ER = Emission rate per unit internal surface 

area of the hose, in g/mm2. Select the 

appropriate value for ER from the 

following table: 

Material/configuration 

ER 

High-pressure side Low-pressure side 

All rubber hose .................................................................................................................................... 0 .0216 0 .0144 

Standard barrier or veneer hose ......................................................................................................... 0 .0054 0 .0036 

Ultra-low permeation barrier or veneer hose ...................................................................................... 0 .00225 0 .00167 

(e) Heat exchangers, mufflers, 

receiver/driers, and accumulators. Use 

an emission rate of 0.261 grams per year 

as a combined value for all heat 

exchangers, mufflers, receiver/driers, 

and accumulators (Grams/YRMC). 

(f) Compressors. Determine the 

emission rate for compressors using the 

following equation, except that the final 

term in the equation (‘‘1500/SSL’’) is not 

applicable to electric (or semi-hermetic) 

compressors: 

Grams/YRC = 0.00522 × [(300 × OHS) + 

(200 × MHS) + (150 × FAP) + (100 

× GHS) + (1500/SSL)] 

Where: 

Grams/YRC = The emission rate for the 

compressors in the air conditioning 

system, in grams per year. 

mstockstill on DSKB9S0YB1PROD with RULES2

25682 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 

OHS = The number of O-ring housing seals. 

MHS = The number of molded housing seals. 

FAP = The number of fitting adapter plates. 

GHS = The number of gasket housing seals. 

SSL = The number of lips on shaft seal (for 

belt-driven compressors only). 

(g) Definitions. The following 

definitions apply to this section: 

(1) All rubber hose means a Type A 

or Type B hose as defined by SAE J2064 

with a permeation rate not greater than 

15 kg/m2/year when tested according to 

SAE J2064. SAE J2064 is incorporated 

by reference; see § 86.1. 

(2) Standard barrier or veneer hose 

means a Type C, D, E, or F hose as 

defined by SAE J2064 with a permeation 

rate not greater than 5 kg/m2/year when 

tested according to SAE J2064. SAE 

J2064 is incorporated by reference; see 

§ 86.1. 

(3) Ultra-low permeation barrier or 

veneer hose means a hose with a 

permeation rate not greater than 1.5 kg/ 

m2/year when tested according to SAE 

J2064. SAE J2064 is incorporated by 

reference; see § 86.1. 

Subpart S—[Amended] 

■ 11. A new § 86.1801–12 is added to 

read as follows: 

§ 86.1801–12 Applicability. 

(a) Applicability. Except as otherwise 

indicated, the provisions of this subpart 

apply to new light-duty vehicles, lightduty trucks, medium-duty passenger 

vehicles, and Otto-cycle complete 

heavy-duty vehicles, including multifueled, alternative fueled, hybrid 

electric, plug-in hybrid electric, and 

electric vehicles. These provisions also 

apply to new incomplete light-duty 

trucks below 8,500 Gross Vehicle 

Weight Rating. In cases where a 

provision applies only to a certain 

vehicle group based on its model year, 

vehicle class, motor fuel, engine type, or 

other distinguishing characteristics, the 

limited applicability is cited in the 

appropriate section of this subpart. 

(b) Aftermarket conversions. The 

provisions of this subpart apply to 

aftermarket conversion systems, 

aftermarket conversion installers, and 

aftermarket conversion certifiers, as 

those terms are defined in 40 CFR 

85.502, of all model year light-duty 

vehicles, light-duty trucks, mediumduty passenger vehicles, and complete 

Otto-cycle heavy-duty vehicles. 

(c) Optional applicability. 

(1) [Reserved] 

(2) A manufacturer may request to 

certify any incomplete Otto-cycle heavyduty vehicle of 14,000 pounds Gross 

Vehicle Weight Rating or less in 

accordance with the provisions for 

complete heavy-duty vehicles. Heavyduty engine or heavy-duty vehicle 

provisions of subpart A of this part do 

not apply to such a vehicle. 

(3) [Reserved] 

(4) Upon preapproval by the 

Administrator, a manufacturer may 

optionally certify an aftermarket 

conversion of a complete heavy-duty 

vehicle greater than 10,000 pounds 

Gross Vehicle Weight Rating and of 

14,000 pounds Gross Vehicle Weight 

Rating or less under the heavy-duty 

engine or heavy-duty vehicle provisions 

of subpart A of this part. Such 

preapproval will be granted only upon 

demonstration that chassis-based 

certification would be infeasible or 

unreasonable for the manufacturer to 

perform. 

(5) A manufacturer may optionally 

certify an aftermarket conversion of a 

complete heavy-duty vehicle greater 

than 10,000 pounds Gross Vehicle 

Weight Rating and of 14,000 pounds 

Gross Vehicle Weight Rating or less 

under the heavy-duty engine or heavyduty vehicle provisions of subpart A of 

this part without advance approval from 

the Administrator if the vehicle was 

originally certified to the heavy-duty 

engine or heavy-duty vehicle provisions 

of subpart A of this part. 

(d) Small volume manufacturers. 

Special certification procedures are 

available for any manufacturer whose 

projected or actual combined sales in all 

states and territories of the United States 

of light-duty vehicles, light-duty trucks, 

heavy-duty vehicles, and heavy-duty 

engines in its product line (including all 

vehicles and engines imported under 

the provisions of 40 CFR 85.1505 and 

85.1509) are fewer than 15,000 units for 

the model year in which the 

manufacturer seeks certification. The 

small volume manufacturer’s light-duty 

vehicle and light-duty truck certification 

procedures are described in § 86.1838– 

01. 

(e)–(g) [Reserved] 

(h) Applicability of provisions of this 

subpart to light-duty vehicles, light-duty 

trucks, medium-duty passenger 

vehicles, and heavy-duty vehicles. 

Numerous sections in this subpart 

provide requirements or procedures 

applicable to a ‘‘vehicle’’ or ‘‘vehicles.’’ 

Unless otherwise specified or otherwise 

determined by the Administrator, the 

term ‘‘vehicle’’ or ‘‘vehicles’’ in those 

provisions apply equally to light-duty 

vehicles (LDVs), light-duty trucks 

(LDTs), medium-duty passenger 

vehicles (MDPVs), and heavy-duty 

vehicles (HDVs), as those terms are 

defined in § 86.1803–01. 

(i) Applicability of provisions of this 

subpart to exhaust greenhouse gas 

emissions. Numerous sections in this 

subpart refer to requirements relating to 

‘‘exhaust emissions.’’ Unless otherwise 

specified or otherwise determined by 

the Administrator, the term ‘‘exhaust 

emissions’’ refers at a minimum to 

emissions of all pollutants described by 

emission standards in this subpart, 

including carbon dioxide (CO2), nitrous 

oxide (N2O), and methane (CH4). 

(j) Exemption from greenhouse gas 

emission standards for small businesses. 

Manufacturers that qualify as a small 

business under the Small Business 

Administration regulations in 13 CFR 

part 121 are exempt from the 

greenhouse gas emission standards 

specified in § 86.1818–12 and in 

associated provisions in this part and in 

part 600 of this chapter. Both U.S.-based 

and non-U.S.-based businesses are 

eligible for this exemption. The 

following categories of businesses (with 

their associated NAICS codes) may be 

eligible for exemption based on the 

Small Business Administration size 

standards in 13 CFR 121.201. 

(1) Vehicle manufacturers (NAICS 

code 336111). 

(2) Independent commercial 

importers (NAICS codes 811111, 

811112, 811198, 423110, 424990, and 

441120). 

(3) Alternate fuel vehicle converters 

(NAICS codes 335312, 336312, 336322, 

336399, 454312, 485310, and 811198). 

(k) Conditional exemption from 

greenhouse gas emission standards. 

Manufacturers meeting the eligibility 

requirements described in paragraph 

(k)(1) and (2) of this section may request 

a conditional exemption from 

compliance with the emission standards 

described in § 86.1818–12 paragraphs 

(c) through (e) and associated provisions 

in this part and in part 600 of this 

chapter. The terms ‘‘sales’’ and ‘‘sold’’ as 

used in this paragraph (k) shall mean 

vehicles produced and delivered for sale 

(or sold) in the states and territories of 

the United States. For the purpose of 

determining eligibility the sales of 

related companies shall be aggregated 

according to the provisions of 

§ 86.1838–01(b)(3). 

(1) Eligibility requirements. Eligibility 

as determined in this paragraph (k) shall 

be based on the total sales of combined 

passenger automobiles and light trucks. 

Manufacturers must meet one of the 

requirements in paragraph (k)(1)(i) or 

(ii) of this section to initially qualify for 

this exemption. 

(i) A manufacturer with 2008 or 2009 

model year sales of more than zero and 

fewer than 5,000 is eligible for a 

conditional exemption from the 

greenhouse gas emission standards 

mstockstill on DSKB9S0YB1PROD with RULES2

Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 25683 

described in § 86.1818–12 paragraphs 

(c) through (e). 

(ii) A manufacturer with 2008 or 2009 

model year sales of more than zero and 

fewer than 5,000 while under the 

control of another manufacturer, where 

those 2008 or 2009 model year vehicles 

bore the brand of the producing 

manufacturer but were sold by or 

otherwise under the control of another 

manufacturer, and where the 

manufacturer producing the vehicles 

became independent no later than 

December 31, 2010, is eligible for a 

conditional exemption from the 

greenhouse gas emission standards 

described in § 86.1818–12 paragraphs 

(c) through (e). 

(2) Maintaining eligibility for 

exemption from greenhouse gas 

emission standards. To remain eligible 

for exemption under this paragraph (k) 

the manufacturer’s average sales for the 

three most recent consecutive model 

years must remain below 5,000. If a 

manufacturer’s average sales for the 

three most recent consecutive model 

years exceeds 4999, the manufacturer 

will no longer be eligible for exemption 

and must meet applicable emission 

standards according to the provisions in 

this paragraph (k)(2). 

(i) If a manufacturer’s average sales for 

three consecutive model years exceeds 

4999, and if the increase in sales is the 

result of corporate acquisitions, mergers, 

or purchase by another manufacturer, 

the manufacturer shall comply with the 

emission standards described in 

§ 86.1818–12 paragraphs (c) through (e), 

as applicable, beginning with the first 

model year after the last year of the 

three consecutive model years. 

(ii) If a manufacturer’s average sales 

for three consecutive model years 

exceeds 4999 and is less than 50,000, 

and if the increase in sales is solely the 

result of the manufacturer’s expansion 

in vehicle production, the manufacturer 

shall comply with the emission 

standards described in § 86.1818–12 

paragraphs (c) through (e), as applicable, 

beginning with the second model year 

after the last year of the three 

consecutive model years. 

(iii) If a manufacturer’s average sales 

for three consecutive model years 

exceeds 49,999, the manufacturer shall 

comply with the emission standards 

described in § 86.1818–12 paragraphs 

(c) through (e), as applicable, beginning 

with the first model year after the last 

year of the three consecutive model 

years. 

(3) Requesting the conditional 

exemption from standards. To be 

exempted from the standards described 

in § 86.1818–12(c) through (e), the 

manufacturer must submit a declaration 

to EPA containing a detailed written 

description of how the manufacturer 

qualifies under the provisions of this 

paragraph (k). The declaration must 

describe eligibility information that 

includes the following: model year 2008 

and 2009 sales, sales volumes for each 

of the most recent three model years, 

detailed information regarding 

ownership relationships with other 

manufacturers, details regarding the 

application of the provisions of 

§ 86.1838–01(b)(3) regarding the 

aggregation of sales of related 

companies, and documentation of goodfaith efforts made by the manufacturer 

to purchase credits from other 

manufacturers. This declaration must be 

signed by a chief officer of the company, 

and must be made prior to each model 

year for which the exemption is 

requested. The declaration must be 

submitted to EPA at least 30 days prior 

to the introduction into commerce of 

any vehicles for each model year for 

which the exemption is requested, but 

not later than December of the calendar 

year prior to the model year for which 

exemption is requested. A conditional 

exemption will be granted when EPA 

approves the exemption declaration. 

The declaration must be sent to the 

Environmental Protection Agency at the 

following address: Director, Compliance 

and Innovative Strategies Division, U.S. 

Environmental Protection Agency, 2000 

Traverwood Drive, Ann Arbor, 

Michigan 48105. 

■ 12. Section 86.1803–01 is amended as 

follows: 

■ a. By adding the definition for ‘‘Air 

conditioning idle test.’’ 

■ b. By adding the definition for ‘‘Air 

conditioning system.’’ 

■ c. By revising the definition for 

‘‘Banking.’’ 

■ d. By adding the definition for ‘‘Base 

level.’’ 

■ e. By adding the definition for ‘‘Base 

tire.’’ 

■ f. By adding the definition for ‘‘Base 

vehicle.’’ 

■ g. By revising the definition for ‘‘Basic 

engine.’’ 

■ h. By adding the definition for 

‘‘Carbon-related exhaust emissions.’’ 

■ i. By adding the definition for 

‘‘Combined CO2.’’ 

■ j. By adding the definition for 

‘‘Combined CREE.’’ 

■ k. By adding the definition for 

‘‘Electric vehicle.’’ 

■ l. By revising the definition for 

‘‘Engine code.’’ 

■ m. By adding the definition for 

‘‘Ethanol fueled vehicle.’’ 

■ n. By revising the definition for 

‘‘Flexible fuel vehicle.’’ 

■ o. By adding the definition for 

‘‘Footprint.’’ 

■ p. By adding the definition for ‘‘Fuel 

cell electric vehicle.’’ 

■ q. By adding the definition for 

‘‘Highway fuel economy test procedure.’’ 

■ r. By adding the definition for ‘‘Hybrid 

electric vehicle.’’ 

■ s. By adding the definition for 

‘‘Interior volume index.’’ 

■ t. By revising the definition for 

‘‘Model type.’’ 

■ u. By adding the definition for ‘‘Motor 

vehicle.’’ 

■ v. By adding the definition for ‘‘Multifuel vehicle.’’ 

■ w. By adding the definition for 

‘‘Petroleum equivalency factor.’’ 

■ x. By adding the definition for 

‘‘Petroleum-equivalent fuel economy.’’ 

■ y. By adding the definition for 

‘‘Petroleum powered accessory.’’ 

■ z. By adding the definition for ‘‘Plugin hybrid electric vehicle.’’ 

■ aa. By adding the definition for 

‘‘Production volume.’’ 

■ bb. By revising the definition for 

‘‘Round, rounded, or rounding.’’ 

■ cc. By adding the definition for 

‘‘Subconfiguration.’’ 

■ dd. By adding the definition for 

‘‘Track width.’’ 

■ ee. By revising the definition for 

‘‘Transmission class.’’ 

■ ff. By revising the definition for 

‘‘Transmission configuration.’’ 

■ gg. By adding the definition for 

‘‘Wheelbase.’’ 

§ 86.1803–01 Definitions. 

* * * * * 

Air Conditioning Idle Test means the 

test procedure specified in § 86.165–12. 

Air conditioning system means a 

unique combination of air conditioning 

and climate control components, 

including: compressor type (e.g., belt, 

gear, or electric-driven, or a 

combination of compressor drive 

mechanisms); compressor refrigerant 

capacity; the number and type of rigid 

pipe and flexible hose connections; the 

number of high side service ports; the 

number of low side service ports; the 

number of switches, transducers, and 

expansion valves; the number of TXV 

refrigerant control devices; the number 

and type of heat exchangers, mufflers, 

receiver/dryers, and accumulators; and 

the length and type of flexible hose (e.g., 

rubber, standard barrier or veneer, ultralow permeation). 

* * * * * 

Banking means one of the following: 

(1) The retention of NOX emission 

credits for complete heavy-duty vehicles 

by the manufacturer generating the 

emission credits, for use in future model 

year certification programs as permitted 

by regulation. 

mstockstill on DSKB9S0YB1PROD with RULES2

25684 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 

(2) The retention of cold temperature 

non-methane hydrocarbon (NMHC) 

emission credits for light-duty vehicles, 

light-duty trucks, and medium-duty 

passenger vehicles by the manufacturer 

generating the emission credits, for use 

in future model year certification 

programs as permitted by regulation. 

(3) The retention of NOX emission 

credits for light-duty vehicles, light-duty 

trucks, and medium-duty passenger 

vehicles for use in future model year 

certification programs as permitted by 

regulation. 

(4) The retention of CO2 emission 

credits for light-duty vehicles, light-duty 

trucks, and medium-duty passenger 

vehicles for use in future model year 

certification programs as permitted by 

regulation. 

Base level has the meaning given in 

§ 600.002–08 of this chapter. 

Base tire has the meaning given in 

§ 600.002–08 of this chapter. 

Base vehicle has the meaning given in 

§ 600.002–08 of this chapter. 

Basic engine has the meaning given in 

§ 600.002–08 of this chapter. 

* * * * * 

Carbon-related exhaust emissions 

(CREE) has the meaning given in 

§ 600.002–08 of this chapter. 

* * * * * 

Combined CO2 means the CO2 value 

determined for a vehicle (or vehicles) by 

averaging the city and highway CO2

values, weighted 0.55 and 0.45 

respectively. 

Combined CREE means the CREE 

value determined for a vehicle (or 

vehicles) by averaging the city and 

highway fuel CREE values, weighted 

0.55 and 0.45 respectively. 

* * * * * 

Electric vehicle means a motor vehicle 

that is powered solely by an electric 

motor drawing current from a 

rechargeable energy storage system, 

such as from storage batteries or other 

portable electrical energy storage 

devices, including hydrogen fuel cells, 

provided that: 

(1) The vehicle is capable of drawing 

recharge energy from a source off the 

vehicle, such as residential electric 

service; and 

(2) The vehicle must be certified to 

the emission standards of Bin #1 of 

Table S04–1 in § 86.1811–09(c)(6). 

(3) The vehicle does not have an 

onboard combustion engine/generator 

system as a means of providing 

electrical energy. 

* * * * * 

Engine code means a unique 

combination within a test group of 

displacement, fuel injection (or 

carburetor) calibration, choke 

calibration, distributor calibration, 

auxiliary emission control devices, and 

other engine and emission control 

system components specified by the 

Administrator. For electric vehicles, 

engine code means a unique 

combination of manufacturer, electric 

traction motor, motor configuration, 

motor controller, and energy storage 

device. 

* * * * * 

Ethanol-fueled vehicle means any 

motor vehicle or motor vehicle engine 

that is engineered and designed to be 

operated using ethanol fuel (i.e., a fuel 

that contains at least 50 percent ethanol 

(C2H5OH) by volume) as fuel. 

* * * * * 

Flexible fuel vehicle means any motor 

vehicle engineered and designed to be 

operated on a petroleum fuel and on a 

methanol or ethanol fuel, or any mixture 

of the petroleum fuel and methanol or 

ethanol. Methanol-fueled and ethanolfueled vehicles that are only marginally 

functional when using gasoline (e.g., the 

engine has a drop in rated horsepower 

of more than 80 percent) are not flexible 

fuel vehicles. 

Footprint is 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) and wheelbase (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. 

Fuel cell vehicle means an electric 

vehicle propelled solely by an electric 

motor where energy for the motor is 

supplied by an electrochemical cell that 

produces electricity via the noncombustion reaction of a consumable 

fuel, typically hydrogen. 

* * * * * 

Highway Fuel Economy Test 

Procedure (HFET) has the meaning 

given in § 600.002–08 of this chapter. 

* * * * * 

Hybrid electric vehicle (HEV) means a 

motor vehicle which draws propulsion 

energy from onboard sources of stored 

energy that are both an internal 

combustion engine or heat engine using 

consumable fuel, and a rechargeable 

energy storage system such as a battery, 

capacitor, hydraulic accumulator, or 

flywheel, where recharge energy for the 

energy storage system comes solely from 

sources on board the vehicle. 

* * * * * 

Interior volume index has the 

meaning given in § 600.315–08 of this 

chapter. 

* * * * * 

Model type has the meaning given in 

§ 600.002–08 of this chapter. 

* * * * * 

Motor vehicle has the meaning given 

in § 85.1703 of this chapter. 

* * * * * 

Multi-fuel vehicle means any motor 

vehicle capable of operating on two or 

more different fuel types, either 

separately or simultaneously. 

* * * * * 

Petroleum equivalency factor means 

the value specified in 10 CFR 474.3(b), 

which incorporates the parameters 

listed in 49 U.S.C. 32904(a)(2)(B) and is 

used to calculate petroleum-equivalent 

fuel economy. 

Petroleum-equivalent fuel economy 

means the value, expressed in miles per 

gallon, that is calculated for an electric 

vehicle in accordance with 10 CFR 

474.3(a), and reported to the 

Administrator of the Environmental 

Protection Agency for use in 

determining the vehicle manufacturer’s 

corporate average fuel economy. 

* * * * * 

Petroleum-powered accessory means a 

vehicle accessory (e.g., a cabin heater, 

defroster, and/or air conditioner) that: 

(1) Uses gasoline or diesel fuel as its 

primary energy source; and 

(2) Meets the requirements for fuel, 

operation, and emissions in § 88.104– 

94(g) of this chapter. 

Plug-in hybrid electric vehicle (PHEV) 

means a hybrid electric vehicle that has 

the capability to charge the battery from 

an off-vehicle electric source, such that 

the off-vehicle source cannot be 

connected to the vehicle while the 

vehicle is in motion. 

* * * * * 

Production volume has the meaning 

given in § 600.002–08 of this chapter. 

* * * * * 

Round, rounded or rounding means, 

unless otherwise specified, that 

numbers will be rounded according to 

ASTM–E29–93a, which is incorporated 

by reference in this part pursuant to 

§ 86.1. 

* * * * * 

Subconfiguration has the meaning 

given in § 600.002–08 of this chapter. 

* * * * * 

Track width is the lateral distance 

between the centerlines of the base tires 

at ground, including the camber angle. 

* * * * * 

Transmission class has the meaning 

given in § 600.002–08 of this chapter. 

Transmission configuration has the 

meaning given in § 600.002–08 of this 

chapter. 

* * * * * 

mstockstill on DSKB9S0YB1PROD with RULES2

Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 25685 

Wheelbase is the longitudinal 

distance between front and rear wheel 

centerlines. 

* * * * * 

■ 13. A new § 86.1805–12 is added to 

read as follows: 

§ 86.1805–12 Useful life. 

(a) Except as permitted under 

paragraph (b) of this section or required 

under paragraphs (c) and (d) of this 

section, the full useful life for all LDVs 

and LLDTs is a period of use of 10 years 

or 120,000 miles, whichever occurs first. 

The full useful life for all HLDTs, 

MDPVs, and complete heavy-duty 

vehicles is a period of 11 years or 

120,000 miles, whichever occurs first. 

These full useful life values apply to all 

exhaust, evaporative and refueling 

emission requirements except for 

standards which are specified to only be 

applicable at the time of certification. 

These full useful life requirements also 

apply to all air conditioning leakage 

credits, air conditioning efficiency 

credits, and other credit programs used 

by the manufacturer to comply with the 

fleet average CO2 emission standards in 

§ 86.1818–12. 

(b) Manufacturers may elect to 

optionally certify a test group to the Tier 

2 exhaust emission standards for 

150,000 miles to gain additional NOX

credits, as permitted in § 86.1860–04(g), 

or to opt out of intermediate life 

standards as permitted in § 86.1811– 

04(c). In such cases, useful life is a 

period of use of 15 years or 150,000 

miles, whichever occurs first, for all 

exhaust, evaporative and refueling 

emission requirements except for cold 

CO standards and standards which are 

applicable only at the time of 

certification. 

(c) Where intermediate useful life 

exhaust emission standards are 

applicable, such standards are 

applicable for five years or 50,000 miles, 

whichever occurs first. 

(d) Where cold CO standards are 

applicable, the useful life requirement 

for compliance with the cold CO 

standard only, is 5 years or 50,000 

miles, whichever occurs first. 

■ 14. Section 86.1806–05 is amended by 

revising paragraph (a)(1) to read as 

follows: 

§ 86.1806–05 On-board diagnostics for 

vehicles less than or equal to 14,000 

pounds GVWR. 

(a) * * * 

(1) Except as provided by paragraph 

(a)(2) of this section, all light-duty 

vehicles, light-duty trucks and complete 

heavy-duty vehicles weighing 14,000 

pounds GVWR or less (including 

MDPVs) must be equipped with an 

onboard diagnostic (OBD) system 

capable of monitoring all emissionrelated powertrain systems or 

components during the applicable 

useful life of the vehicle. All systems 

and components required to be 

monitored by these regulations must be 

evaluated periodically, but no less 

frequently than once per applicable 

certification test cycle as defined in 

paragraphs (a) and (d) of Appendix I of 

this part, or similar trip as approved by 

the Administrator. Emissions of CO2, 

CH4, and N2O are not required to be 

monitored by the OBD system. 

* * * * * 

■ 15. A new § 86.1809–12 is added to 

read as follows: 

§ 86.1809–12 Prohibition of defeat devices. 

(a) No new light-duty vehicle, lightduty truck, medium-duty passenger 

vehicle, or complete heavy-duty vehicle 

shall be equipped with a defeat device. 

(b) The Administrator may test or 

require testing on any vehicle at a 

designated location, using driving 

cycles and conditions that may 

reasonably be expected to be 

encountered in normal operation and 

use, for the purposes of investigating a 

potential defeat device. 

(c) For cold temperature CO and cold 

temperature NMHC emission control, 

the Administrator will use a guideline 

to determine the appropriateness of the 

CO and NMHC emission control at 

ambient temperatures between 25 °F 

(the upper bound of the FTP test 

temperature range) and 68 °F (the lower 

bound of the FTP test temperature 

range). The guideline for CO emission 

congruity across the intermediate 

temperature range is the linear 

interpolation between the CO standard 

applicable at 25 °F and the CO standard 

applicable at 68 °F. The guideline for 

NMHC emission congruity across the 

intermediate temperature range is the 

linear interpolation between the NMHC 

FEL pass limit (e.g. 0.3499 g/mi for a 0.3 

g/mi FEL) applicable at 20 °F and the 

Tier 2 NMOG standard to which the 

vehicle was certified at 68 °F, where the 

intermediate temperature NMHC level is 

rounded to the nearest hundredth for 

comparison to the interpolated line. For 

vehicles that exceed this CO emissions 

guideline or this NMHC emissions 

guideline upon intermediate 

temperature cold testing: 

(1) If the CO emission level is greater 

than the 20 °F emission standard, the 

vehicle will automatically be considered 

to be equipped with a defeat device 

without further investigation. If the 

intermediate temperature NMHC 

emission level, rounded to the nearest 

hundredth, is greater than the 20 °F FEL 

pass limit, the vehicle will be presumed 

to have a defeat device unless the 

manufacturer provides evidence to 

EPA’s satisfaction that the cause of the 

test result in question is not due to a 

defeat device. 

(2) If the CO emission level does not 

exceed the 20 °F emission standard, the 

Administrator may investigate the 

vehicle design for the presence of a 

defeat device under paragraph (d) of this 

section. If the intermediate temperature 

NMHC emission level, rounded to the 

nearest hundredth, does not exceed the 

20 °F FEL pass limit the Administrator 

may investigate the vehicle design for 

the presence of a defeat device under 

paragraph (d) of this section. 

(d) The following provisions apply for 

vehicle designs designated by the 

Administrator to be investigated for 

possible defeat devices: 

(1) The manufacturer must show to 

the satisfaction of the Administrator that 

the vehicle design does not incorporate 

strategies that unnecessarily reduce 

emission control effectiveness exhibited 

during the Federal Test Procedure or 

Supplemental Federal Test Procedure 

(FTP or SFTP) or the Highway Fuel 

Economy Test Procedure (described in 

subpart B of 40 CFR part 600), or the Air 

Conditioning Idle Test (described in 

§ 86.165–12), when the vehicle is 

operated under conditions that may 

reasonably be expected to be 

encountered in normal operation and 

use. 

(2) The following information 

requirements apply: 

(i) Upon request by the Administrator, 

the manufacturer must provide an 

explanation containing detailed 

information regarding test programs, 

engineering evaluations, design 

specifications, calibrations, on-board 

computer algorithms, and design 

strategies incorporated for operation 

both during and outside of the Federal 

emission test procedures. 

(ii) For purposes of investigations of 

possible cold temperature CO or cold 

temperature NMHC defeat devices 

under this paragraph (d), the 

manufacturer must provide an 

explanation to show, to the satisfaction 

of the Administrator, that CO emissions 

and NMHC emissions are reasonably 

controlled in reference to the linear 

guideline across the intermediate 

temperature range. 

(e) For each test group the 

manufacturer must submit, with the Part 

II certification application, an 

engineering evaluation demonstrating to 

the satisfaction of the Administrator that 

a discontinuity in emissions of nonmethane organic gases, carbon 

mstockstill on DSKB9S0YB1PROD with RULES2

25686 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 

monoxide, carbon dioxide, oxides of 

nitrogen, nitrous oxide, methane, and 

formaldehyde measured on the Federal 

Test Procedure (subpart B of this part) 

and on the Highway Fuel Economy Test 

Procedure (subpart B of 40 CFR part 

600) does not occur in the temperature 

range of 20 to 86 °F. For diesel vehicles, 

the engineering evaluation must also 

include particulate emissions. 

■ 16. Section 86.1810–09 is amended by 

revising paragraph (f) to read as follows: 

§ 86.1810–09 General standards; increase 

in emissions; unsafe condition; waivers. 

* * * * * 

(f) Altitude requirements. (1) All 

emission standards apply at low altitude 

conditions and at high altitude 

conditions, except for the following 

standards, which apply only at low 

altitude conditions: 

(i) The supplemental exhaust 

emission standards as described in 

§ 86.1811–04(f); 

(ii) The cold temperature NMHC 

emission standards as described in 

§ 86.1811–10(g); 

(iii) The evaporative emission 

standards as described in § 86.1811– 

09(e). 

(2) For vehicles that comply with the 

cold temperature NMHC standards 

described in § 86.1811–10(g) and the 

CO2, N2O, and CH4 exhaust emission 

standards described in § 86.1818–12, 

manufacturers must submit an 

engineering evaluation indicating that 

common calibration approaches are 

utilized at high altitudes. Any deviation 

from low altitude emission control 

practices must be included in the 

auxiliary emission control device 

(AECD) descriptions submitted at 

certification. Any AECD specific to high 

altitude must require engineering 

emission data for EPA evaluation to 

quantify any emission impact and 

validity of the AECD. 

* * * * * 

■ 17. A new § 86.1818–12 is added to 

read as follows: 

§ 86.1818–12 Greenhouse gas emission 

standards for light-duty vehicles, light-duty 

trucks, and medium-duty passenger 

vehicles. 

(a) Applicability. 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, perfluorocarbons, 

and sulfur hexafluoride. This section 

applies to 2012 and later model year 

LDVs, LDTs and MDPVs, including 

multi-fuel vehicles, vehicles fueled with 

alternative fuels, hybrid electric 

vehicles, plug-in hybrid electric 

vehicles, electric vehicles, and fuel cell 

vehicles. Unless otherwise specified, 

multi-fuel vehicles must comply with 

all requirements established for each 

consumed fuel. The provisions of this 

section also apply to aftermarket 

conversion systems, aftermarket 

conversion installers, and aftermarket 

conversion certifiers, as those terms are 

defined in 40 CFR 85.502, of all model 

year light-duty vehicles, light-duty 

trucks, and medium-duty passenger 

vehicles. Manufacturers that qualify as a 

small business according to the 

requirements of § 86.1801–12(j) are 

exempt from the emission standards in 

this section. Manufacturers that have 

submitted a declaration for a model year 

according to the requirements of 

§ 86.1801–12(k) for which approval has 

been granted by the Administrator are 

conditionally exempt from the emission 

standards in paragraphs (c) through (e) 

of this section for the approved model 

year. 

(b) Definitions. For the purposes of 

this section, the following definitions 

shall apply: 

(1) Passenger automobile means a 

motor vehicle that is a passenger 

automobile as that term is defined in 49 

CFR 523.4. 

(2) Light truck means a motor vehicle 

that is a non-passenger automobile as 

that term is defined in 49 CFR 523.5. 

(c) Fleet average CO2 standards for 

passenger automobiles and light trucks. 

(1) For a given individual model year’s 

production of passenger automobiles 

and light trucks, manufacturers must 

comply with a fleet average CO2

standard calculated according to the 

provisions of this paragraph (c). 

Manufacturers must calculate separate 

fleet average CO2 standards for their 

passenger automobile and light truck 

fleets, as those terms are defined in this 

section. Each manufacturer’s fleet 

average CO2 standards determined in 

this paragraph (c) shall be expressed in 

whole grams per mile, in the model year 

specified as applicable. Manufacturers 

eligible for and choosing to participate 

in the Temporary Leadtime Allowance 

Alternative Standards for qualifying 

manufacturers specified in paragraph (e) 

of this section shall not include vehicles 

subject to the Temporary Leadtime 

Allowance Alternative Standards in the 

calculations of their primary passenger 

automobile or light truck standards 

determined in this paragraph (c). 

Manufacturers shall demonstrate 

compliance with the applicable 

standards according to the provisions of 

§ 86.1865–12. 

(2) Passenger automobiles—(i) 

Calculation of CO2 target values for 

passenger automobiles. A CO2 target 

value shall be determined for each 

passenger automobile as follows: 

(A) For passenger automobiles with a 

footprint of less than or equal to 41 

square feet, the gram/mile CO2 target 

value shall be selected for the 

appropriate model year from the 

following table: 

Model year 

CO2 target 

value 

(grams/mile) 

2012 ...................................... 244.0 

2013 ...................................... 237.0 

2014 ...................................... 228.0 

2015 ...................................... 217.0 

2016 and later ...................... 206.0 

(B) For passenger automobiles with a 

footprint of greater than 56 square feet, 

the gram/mile CO2 target value shall be 

selected for the appropriate model year 

from the following table: 

Model year 

CO2 target 

value 

(grams/mile) 

2012 ...................................... 315.0 

2013 ...................................... 307.0 

2014 ...................................... 299.0 

2015 ...................................... 288.0 

2016 and later ...................... 277.0 

(C) For passenger automobiles with a 

footprint that is greater than 41 square 

feet and less than or equal to 56 square 

feet, the gram/mile CO2 target value 

shall be calculated using the following 

equation and rounded to the nearest 0.1 

grams/mile: 

Target CO2 = [4.72 × f ] + b 

Where: 

f is the vehicle footprint, as defined in 

§ 86.1803; and 

b is selected from the following table for 

the appropriate model year: 

Model year b 

2012 ...................................... 50.5 

2013 ...................................... 43.3 

2014 ...................................... 34.8 

2015 ...................................... 23.4 

2016 and later ...................... 12.7 

(ii) Calculation of the fleet average 

CO2 standard for passenger 

automobiles. In each model year 

manufacturers must comply with the 

CO2 exhaust emission standard for their 

passenger automobile fleet, calculated 

for that model year as follows: 

(A) A CO2 target value shall be 

determined according to paragraph 

(c)(2)(i) of this section for each unique 

combination of model type and 

footprint value. 

(B) Each CO2 target value, determined 

for each unique combination of model 

mstockstill on DSKB9S0YB1PROD with RULES2

Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 25687 

type and footprint value, shall be 

multiplied by the total production of 

that model type/footprint combination 

for the appropriate model year. 

(C) The resulting products shall be 

summed, and that sum shall be divided 

by the total production of passenger 

automobiles in that model year. The 

result shall be rounded to the nearest 

whole gram per mile. This result shall 

be the applicable fleet average CO2

standard for the manufacturer’s 

passenger automobile fleet. 

(3) Light trucks—(i) Calculation of 

CO2 target values for light trucks. A CO2

target value shall be determined for each 

light truck as follows: 

(A) For light trucks with a footprint of 

less than or equal to 41 square feet, the 

gram/mile CO2 target value shall be 

selected for the appropriate model year 

from the following table: 

Model year 

CO2 target 

value 

(grams/mile) 

2012 ...................................... 294.0 

2013 ...................................... 284.0 

2014 ...................................... 275.0 

2015 ...................................... 261.0 

2016 and later ...................... 247.0 

(B) For light trucks with a footprint of 

greater than 66 square feet, the gram/ 

mile CO2 target value shall be selected 

for the appropriate model year from the 

following table: 

Model year 

CO2 target 

value 

(grams/mile) 

2012 ...................................... 395.0 

2013 ...................................... 385.0 

2014 ...................................... 376.0 

2015 ...................................... 362.0 

2016 and later ...................... 348.0 

(C) For light trucks with a footprint 

that is greater than 41 square feet and 

less than or equal to 66 square feet, the 

gram/mile CO2 target value shall be 

calculated using the following equation 

and rounded to the nearest 0.1 grams/ 

mile: 

Target CO2 = (4.04 × f) + b 

Where: 

f is the footprint, as defined in § 86.1803; and 

b is selected from the following table for the 

appropriate model year: 

Model year b 

2012 ...................................... 128.6 

2013 ...................................... 118.7 

2014 ...................................... 109.4 

2015 ...................................... 95.1 

2016 and later ...................... 81.1 

(ii) Calculation of fleet average CO2

standards for light trucks. In each model 

year manufacturers must comply with 

the CO2 exhaust emission standard for 

their light truck fleet, calculated for that 

model year as follows: 

(A) A CO2 target value shall be 

determined according to paragraph 

(c)(3)(i) of this section for each unique 

combination of model type and 

footprint value. 

(B) Each CO2 target value, which 

represents a unique combination of 

model type and footprint value, shall be 

multiplied by the total production of 

that model type/footprint combination 

for the appropriate model year. 

(C) The resulting products shall be 

summed, and that sum shall be divided 

by the total production of light trucks in 

that model year. The result shall be 

rounded to the nearest whole gram per 

mile. This result shall be the applicable 

fleet average CO2 standard for the 

manufacturer’s light truck fleet. 

(d) In-use CO2 exhaust emission 

standards. The in-use exhaust CO2

emission standard shall be the 

combined city/highway carbon-related 

exhaust emission value calculated for 

the appropriate vehicle carline/ 

subconfiguration according to the 

provisions of § 600.113–08(g)(4) of this 

chapter multiplied by 1.1 and rounded 

to the nearest whole gram per mile. For 

in-use vehicle carlines/ 

subconfigurations for which a combined 

city/highway carbon-related exhaust 

emission value was not determined 

under § 600.113(g)(4) of this chapter, the 

in-use exhaust CO2 emission standard 

shall be the combined city/highway 

carbon-related exhaust emission value 

calculated according to the provisions of 

§ 600.208–12 of this chapter for the 

vehicle model type (except that total 

model year production data shall be 

used instead of sales projections) 

multiplied by 1.1 and rounded to the 

nearest whole gram per mile. For 

vehicles that are capable of operating on 

multiple fuels, including but not limited 

to alcohol dual fuel, natural gas dual 

fuel and plug-in hybrid electric 

vehicles, a separate in-use standard 

shall be determined for each fuel that 

the vehicle is capable of operating on. 

These standards apply to in-use testing 

performed by the manufacturer 

pursuant to regulations at § 86.1845–04 

and 86.1846–01 and to in-use testing 

performed by EPA. 

(e) Temporary Lead Time Allowance 

Alternative Standards. (1) The interim 

fleet average CO2 standards in this 

paragraph (e) are optionally applicable 

to each qualifying manufacturer, where 

the terms ‘‘sales’’ or ‘‘sold’’ as used in 

this paragraph (e) means vehicles 

produced and delivered for sale (or 

sold) in the states and territories of the 

United States. 

(i) A qualifying manufacturer is a 

manufacturer with sales of 2009 model 

year combined passenger automobiles 

and light trucks of greater than zero and 

less than 400,000 vehicles. 

(A) If a manufacturer sold less than 

400,000 but more than zero 2009 model 

year combined passenger automobiles 

and light trucks while under the control 

of another manufacturer, where those 

2009 model year passenger automobiles 

and light trucks bore the brand of the 

producing manufacturer, and where the 

producing manufacturer became 

independent no later than December 31, 

2010, the producing manufacturer is a 

qualifying manufacturer. 

(B) In the case where two or more 

qualifying manufacturers combine as 

the result of merger or the purchase of 

50 percent or more of one or more 

companies by another company, and if 

the combined 2009 model year sales of 

the merged or combined companies is 

less than 400,000 but more than zero 

(combined passenger automobiles and 

light trucks), the corporate entity formed 

by the combination of two or more 

qualifying manufacturers shall continue 

to be a qualifying manufacturer. The 

total number of vehicles that the 

corporate entity is allowed to include 

under the Temporary Leadtime 

Allowance Alternative Standards shall 

be determined by paragraph (e)(2) or 

(e)(3) of this section where sales is the 

total combined 2009 model year sales of 

all of the merged or combined 

companies. Vehicles sold by the 

companies that combined by merger/ 

acquisition to form the corporate entity 

that were subject to the Temporary 

Leadtime Allowance Alternative 

Standards in paragraph (e)(4) of this 

section prior to the merger/acquisition 

shall be combined to determine the 

remaining number of vehicles that the 

corporate entity may include under the 

Temporary Leadtime Allowance 

Alternative Standards in this paragraph 

(e). 

(C) In the case where two or more 

manufacturers combine as the result of 

merger or the purchase of 50 percent or 

more of one or more companies by 

another company, and if the combined 

2009 model year sales of the merged or 

combined companies is equal to or 

greater than 400,000 (combined 

passenger automobiles and light trucks), 

the new corporate entity formed by the 

combination of two or more 

manufacturers is not a qualifying 

manufacturer. Such a manufacturer 

shall meet the emission standards in 

paragraph (c) of this section beginning 

with the model year that is numerically 

mstockstill on DSKB9S0YB1PROD with RULES2

25688 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 

two years greater than the calendar year 

in which the merger/acquisition(s) took 

place. 

(ii) For the purposes of making the 

determination in paragraph (e)(1)(i) of 

this section, ‘‘manufacturer’’ shall mean 

that term as defined at 49 CFR 531.4 and 

as that definition was applied to the 

2009 model year for the purpose of 

determining compliance with the 2009 

corporate average fuel economy 

standards at 49 CFR parts 531 and 533. 

(iii) A qualifying manufacturer may 

not use these Temporary Leadtime 

Allowance Alternative Standards until 

they have used all available banked 

credits and/or credits available for 

transfer accrued under § 86.1865–12(k). 

A qualifying manufacturer with a net 

positive credit balance calculated under 

§ 86.1865–12(k) in any model year after 

considering all available credits either 

generated, carried forward from a prior 

model year, transferred from other 

averaging sets, or obtained from other 

manufacturers, may not use these 

Temporary Leadtime Allowance 

Alternative Standards in such model 

year. 

(2) Qualifying manufacturers may 

select any combination of 2012 through 

2015 model year passenger automobiles 

and/or light trucks to include under the 

Temporary Leadtime Allowance 

Alternative Standards determined in 

this paragraph (e) up to a cumulative 

total of 100,000 vehicles. Vehicles 

selected to comply with these standards 

shall not be included in the calculations 

of the manufacturer’s fleet average 

standards under paragraph (c) of this 

section. 

(3) Qualifying manufacturers with 

sales of 2009 model year combined 

passenger automobiles and light trucks 

in the United States of greater than zero 

and less than 50,000 vehicles may select 

any combination of 2012 through 2015 

model year passenger automobiles and/ 

or light trucks to include under the 

Temporary Leadtime Allowance 

Alternative Standards determined in 

this paragraph (e) up to a cumulative 

total of 200,000 vehicles, and 

additionally may select up to 50,000 

2016 model year vehicles to include 

under the Temporary Leadtime 

Allowance Alternative Standards 

determined in this paragraph (e). To be 

eligible for the provisions of this 

paragraph (e)(3) qualifying 

manufacturers must provide annual 

documentation of good-faith efforts 

made by the manufacturer to purchase 

credits from other manufacturers. 

Without such documentation, the 

manufacturer may use the Temporary 

Leadtime Allowance Alternative 

Standards according to the provisions of 

paragraph (e)(2) of this section, and the 

provisions of this paragraph (e)(3) shall 

not apply. Vehicles selected to comply 

with these standards shall not be 

included in the calculations of the 

manufacturer’s fleet average standards 

under paragraph (c) of this section. 

(4) To calculate the applicable 

Temporary Leadtime Allowance 

Alternative Standards, qualifying 

manufacturers shall determine the fleet 

average standard separately for the 

passenger automobiles and light trucks 

selected by the manufacturer to be 

subject to the Temporary Leadtime 

Allowance Alternative Standards, 

subject to the limitations expressed in 

paragraphs (e)(1) through (3) of this 

section. 

(i) The Temporary Leadtime 

Allowance Alternative Standard 

applicable to qualified passenger 

automobiles as defined in § 600.002–08 

of this chapter shall be the standard 

calculated using the provisions of 

paragraph (c)(2)(ii) of this section for the 

appropriate model year multiplied by 

1.25 and rounded to the nearest whole 

gram per mile. For the purposes of 

applying paragraph (c)(2)(ii) of this 

section to determine the standard, the 

passenger automobile fleet shall be 

limited to those passenger automobiles 

subject to the Temporary Leadtime 

Allowance Alternative Standard. 

(ii) The Temporary Leadtime 

Allowance Alternative Standard 

applicable to qualified light trucks (i.e. 

non-passenger automobiles as defined 

in § 600.002–08 of this chapter) shall be 

the standard calculated using the 

provisions of paragraph (c)(3)(ii) of this 

section for the appropriate model year 

multiplied by 1.25 and rounded to the 

nearest whole gram per mile. For the 

purposes of applying paragraph (c)(3)(ii) 

of this section to determine the 

standard, the light truck fleet shall be 

limited to those light trucks subject to 

the Temporary Leadtime Allowance 

Alternative Standard. 

(5) Manufacturers choosing to 

optionally apply these standards are 

subject to the restrictions on credit 

banking and trading specified in 

§ 86.1865–12. 

(f) Nitrous oxide (N2O) and methane 

(CH4) exhaust emission standards for 

passenger automobiles and light trucks. 

Each manufacturer’s fleet of combined 

passenger automobile and light trucks 

must comply with N2O and CH4

standards using either the provisions of 

paragraph (f)(1) of this section or the 

provisions of paragraph (f)(2) of this 

section. The manufacturer may not use 

the provisions of both paragraphs (f)(1) 

and (f)(2) of this section in a model year. 

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. 

(1) Standards applicable to each test 

group. 

(i) Exhaust emissions of nitrous oxide 

(N2O) 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. 

(ii) Exhaust emissions of methane 

(CH4) 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. 

(2) Including N2O and CH4 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 N2O and CH4 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 N2O and CH4

full useful life values in the fleet average 

calculations for passenger automobiles 

and light trucks. Use of this option will 

account for N2O and CH4 emissions 

within the carbon-related exhaust 

emission value determined for each 

model type according to the provisions 

part 600 of this chapter. This option 

requires the determination of full useful 

life emission values for both the Federal 

Test Procedure and the Highway Fuel 

Economy Test. 

■ 18. Section 86.1823–08 is amended by 

adding paragraph (m) to read as follows: 

§ 86.1823–08 Durability demonstration 

procedures for exhaust emissions. 

* * * * * 

(m) Durability demonstration 

procedures for vehicles subject to the 

greenhouse gas exhaust emission 

standards specified in § 86.1818–12. 

(1) CO2. (i) Unless otherwise specified 

under paragraph (m)(1)(ii) of this 

section, manufacturers may use a 

multiplicative CO2 deterioration factor 

of one or an additive deterioration factor 

of zero. 

(ii) Based on an analysis of industrywide data, EPA may periodically 

establish and/or update the 

deterioration factor for CO2 emissions 

including air conditioning and other 

credit related emissions. Deterioration 

factors established and/or updated 

under this paragraph (m)(1)(ii) will 

provide adequate lead time for 

manufacturers to plan for the change. 

mstockstill on DSKB9S0YB1PROD with RULES2

Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 25689 

(iii) Alternatively, manufacturers may 

use the whole-vehicle mileage 

accumulation procedures in § 86.1823– 

08 paragraphs (c) or (d)(1) to determine 

CO2 deterioration factors. In this 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, and 

combined FTP/HFET CO2 results 

determined by averaging the city (FTP) 

and highway (HFET) CO2 values, 

weighted 0.55 and 0.45 respectively. 

The deterioration factor will be 

determined for this combined CO2

value. Calculated multiplicative 

deterioration factors that are less than 

one shall be set to equal one, and 

calculated additive deterioration factors 

that are less than zero shall be set to 

zero. 

(iv) If, in the good engineering 

judgment of the manufacturer, the 

deterioration factors determined 

according to paragraphs (m)(1)(i), 

(m)(1)(ii), or (m)(1)(iii) of this section do 

not adequately account for the expected 

CO2 emission deterioration over the 

vehicle’s useful life, the manufacturer 

may petition EPA to request a more 

appropriate deterioration factor. 

(2) N2O and CH4. (i) For 

manufacturers complying with the 

emission standards for N2O and CH4

specified in § 86.1818–12(f)(1), 

deterioration factors for N2O and CH4

shall be determined according to the 

provisions of paragraphs (a) through (l) 

of this section. 

(ii) For manufacturers complying with 

the fleet averaging option for N2O and 

CH4 as allowed under § 86.1818– 

12(f)(2), separate deterioration factors 

shall be determined for the FTP and 

HFET test cycles. Therefore 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 only, manufacturers may use 

alternative deterioration factors. For 

N2O, the alternative deterioration factor 

to be used to adjust FTP and HFET 

emissions is the deterioration factor 

determined for NOX emissions 

according to the provisions of this 

section. For CH4, 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. Deterioration factors shall be 

determined according to the provisions 

of paragraphs (a) through (l) of this 

section. Optionally, in lieu of 

determining emission-specific FTP and 

HFET deterioration factors for CH3OH 

(methanol), HCHO (formaldehyde), 

C2H5OH (ethanol), and C2H4O 

(acetaldehyde), manufacturers may use 

the deterioration factor determined for 

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 

systems used to meet the CO2 standards. 

Manufacturers may submit engineering 

data to provide durability 

demonstration. 

■ 19. Section 86.1827–01 is amended by 

revising paragraph (a)(5) and by adding 

paragraph (f) to read as follows: 

§ 86.1827–01 Test group determination. 

* * * * * 

(a) * * * 

(5) Subject to the same emission 

standards (except for CO2), or FEL in the 

case of cold temperature NMHC 

standards, except that a manufacturer 

may request to group vehicles into the 

same test group as vehicles subject to 

more stringent standards, so long as all 

the vehicles within the test group are 

certified to the most stringent standards 

applicable to any vehicle within that 

test group. Light-duty trucks and lightduty vehicles may be included in the 

same test group if all vehicles in the test 

group are subject to the same emission 

standards, with the exception of the CO2

standard and/or the total HC standard. 

* * * * * 

(f) Unless otherwise approved by the 

Administrator, a manufacturer of 

electric vehicles must create separate 

test groups based on the type of battery 

technology, the capacity and voltage of 

the battery, and the type and size of the 

electric motor. 

■ 20. Section 86.1829–01 is amended by 

revising paragraph (b)(1)(i) and by 

adding paragraph (b)(1)(iii)(G) to read as 

follows: 

§ 86.1829–01 Durability and emission 

testing requirements; waivers. 

* * * * * 

(b) * * 

(1) * * * 

(i) Testing at low altitude. One EDV 

shall be tested in each test group for 

exhaust emissions using the FTP and 

SFTP test procedures of subpart B of 

this part and the HFET test procedure of 

subpart B of part 600 of this chapter. 

The configuration of the EDV will be 

determined under the provisions of 

§ 86.1828–01 of this subpart. 

* * * * * 

(iii) * * * 

(G) For the 2012 through 2014 model 

years only, in lieu of testing a vehicle 

for N2O emissions, a manufacturer may 

provide a statement in its application 

for certification that such vehicles 

comply with the applicable standards. 

Such a statement must be based on 

previous emission tests, development 

tests, or other appropriate information 

and good engineering judgment. 

* * * * * 

■ 21. Section 86.1835–01 is amended as 

follows: 

■ a. By revising paragraph (a)(4). 

■ b. By revising paragraph (b)(1) 

introductory text. 

■ c. By adding paragraph (b)(1)(vi). 

■ d. By revising paragraph (b)(3). 

■ e. By revising paragraph (c)(1)(ii). 

§ 86.1835–01 Confirmatory certification 

testing. 

(a) * * * 

(4) Retesting for fuel economy reasons 

or for compliance with greenhouse gas 

exhaust emission standards in § 86.181– 

12 may be conducted under the 

provisions of § 600.008–08 of this 

chapter. 

(b) * * * 

(1) If the Administrator determines 

not to conduct a confirmatory test under 

the provisions of paragraph (a) of this 

section, manufacturers of light-duty 

vehicles, light-duty trucks, and/or 

medium-duty passenger vehicles will 

conduct a confirmatory test at their 

facility after submitting the original test 

data to the Administrator whenever any 

of the conditions listed in paragraphs 

(b)(1)(i) through (vi) of this section exist, 

and complete heavy-duty vehicles 

manufacturers will conduct a 

confirmatory test at their facility after 

submitting the original test data to the 

Administrator whenever the conditions 

listed in paragraph (b)(1)(i) or (b)(1)(ii) 

of this section exist, as follows: 

* * * * * 

(vi) The exhaust carbon-related 

exhaust emissions of the test as 

measured in accordance with the 

procedures in 40 CFR part 600 are lower 

than expected based on procedures 

approved by the Administrator. 

* * * * * 

(3) For light-duty vehicles, light-duty 

trucks, and medium-duty passenger 

vehicles the manufacturer shall conduct 

a retest of the FTP or highway test if the 

difference between the fuel economy of 

the confirmatory test and the original 

manufacturer’s test equals or exceeds 

three percent (or such lower percentage 

to be applied consistently to all 

manufacturer conducted confirmatory 

testing as requested by the manufacturer 

and approved by the Administrator). 

mstockstill on DSKB9S0YB1PROD with RULES2

25690 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 

(i) For use in the fuel economy and 

exhaust greenhouse gas fleet averaging 

program described in 40 CFR parts 86 

and 600, the manufacturer may, in lieu 

of conducting a retest, accept as official 

the lower of the original and 

confirmatory test fuel economy results, 

and by doing so will also accept as 

official the calculated CREE value 

associated with the lower fuel economy 

test results. 

(ii) The manufacturer shall conduct a 

second retest of the FTP or highway test 

if the fuel economy difference between 

the second confirmatory test and the 

original manufacturer test equals or 

exceeds three percent (or such lower 

percentage as requested by the 

manufacturer and approved by the 

Administrator) and the fuel economy 

difference between the second 

confirmatory test and the first 

confirmatory test equals or exceeds 

three percent (or such lower percentage 

as requested by the manufacturer and 

approved by the Administrator). In lieu 

of conducting a second retest, the 

manufacturer may accept as official (for 

use in the fuel economy program and 

the exhaust greenhouse gas fleet 

averaging program) the lowest fuel 

economy of the original test, the first 

confirmatory test, and the second 

confirmatory test fuel economy results, 

and by doing so will also accept as 

official the calculated CREE value 

associated with the lowest fuel economy 

test results. 

(c) * * * 

(1) * * * 

(ii) Official test results for fuel 

economy and exhaust CO2 emission 

purposes are determined in accordance 

with the provisions of § 600.008–08 of 

this chapter. 

* * * * * 

■ 22. Section 86.1841–01 is amended by 

adding paragraph (a)(3) and revising 

paragraph (b) to read as follows: 

§ 86.1841–01 Compliance with emission 

standards for the purpose of certification. 

(a) * * * 

(3) Compliance with CO2 exhaust 

emission standards shall be 

demonstrated at certification by the 

certification levels on the FTP and 

HFET tests for carbon-related exhaust 

emissions determined according to 

§ 600.113–08 of this chapter. 

* * * * * 

(b) To be considered in compliance 

with the standards for the purposes of 

certification, the certification levels for 

the test vehicle calculated in paragraph 

(a) of this section shall be less than or 

equal to the standards for all emission 

constituents to which the test group is 

subject, at both full and intermediate 

useful life as appropriate for that test 

group. 

* * * * * 

■ 23. Section 86.1845–04 is amended as 

follows: 

■ a. By revising paragraph (a)(1). 

■ b. By revising paragraph (b)(5)(i). 

■ c. By revising paragraph (c)(5)(i). 

§ 86.1845–04 Manufacturer in-use 

verification testing requirements. 

(a) * * * 

(1) A manufacturer of LDVs, LDTs, 

MDPVs and/or complete HDVs must 

test, or cause to have tested, a specified 

number of LDVs, LDTs, MDPVs and 

complete HDVs. Such testing must be 

conducted in accordance with the 

provisions of this section. For purposes 

of this section, the term vehicle includes 

light-duty vehicles, light-duty trucks 

and medium-duty passenger vehicles. 

* * * * * 

(b) * * * 

(5) * * * 

(i) Each test vehicle of a test group 

shall be tested in accordance with the 

Federal Test Procedure and the US06 

portion of the Supplemental Federal 

Test Procedure as described in subpart 

B of this part, when such test vehicle is 

tested for compliance with applicable 

exhaust emission standards under this 

subpart. Test vehicles subject to 

applicable exhaust CO2 emission 

standards under this subpart shall also 

be tested in accordance with the 

highway fuel economy test as described 

in part 600, subpart B of this chapter. 

* * * * * 

(c) * * * 

(5) * * * 

(i) Each test vehicle shall be tested in 

accordance with the Federal Test 

Procedure and the US06 portion of the 

Supplemental Federal Test Procedure as 

described in subpart B of this part when 

such test vehicle is tested for 

compliance with applicable exhaust 

emission standards under this subpart. 

Test vehicles subject to applicable 

exhaust CO2 emission standards under 

this subpart shall also be tested in 

accordance with the highway fuel 

economy test as described in part 600, 

subpart B of this chapter. The US06 

portion of the SFTP is not required to 

be performed on vehicles certified in 

accordance with the National LEV 

provisions of subpart R of this part. One 

test vehicle from each test group shall 

receive a Federal Test Procedure at high 

altitude. The test vehicle tested at high 

altitude is not required to be one of the 

same test vehicles tested at low altitude. 

The test vehicle tested at high altitude 

is counted when determining the 

compliance with the requirements 

shown in Table S04–06 and Table S04– 

07 in paragraph (b)(3) of this section or 

the expanded sample size as provided 

for in this paragraph (c). 

* * * * * 

■ 24. Section 86.1846–01 is amended by 

revising paragraphs (a)(1) and (b) 

introductory text to read as follows: 

§ 86.1846–01 Manufacturer in-use 

confirmatory testing requirements. 

(a) * * * 

(1) A manufacturer of LDVs, LDTs 

and/or MDPVs must test, or cause 

testing to be conducted, under this 

section when the emission levels shown 

by a test group sample from testing 

under §§ 86.1845–01 or 86.1845–04, as 

applicable, exceeds the criteria specified 

in paragraph (b) of this section. The 

testing required under this section 

applies separately to each test group and 

at each test point (low and high mileage) 

that meets the specified criteria. The 

testing requirements apply separately 

for each model year starting with model 

year 2001. These provisions do not 

apply to heavy-duty vehicles or heavyduty engines prior to the 2007 model 

year. These provisions do not apply to 

emissions of CO2, CH4, and N2O. 

* * * * * 

(b) Criteria for additional testing. A 

manufacturer shall test a test group or 

a subset of a test group as described in 

paragraph (j) of this section when the 

results from testing conducted under 

§§ 86.1845–01 and 86.1845–04, as 

applicable, show mean emissions for 

that test group of any pollutant(s) 

(except CO2, CH4, and N2O) to be equal 

to or greater than 1.30 times the 

applicable in-use standard and a failure 

rate, among the test group vehicles, for 

the corresponding pollutant(s) of fifty 

percent or greater. 

* * * * * 

■ 25. Section 86.1848–10 is amended by 

adding paragraph (c)(9) to read as 

follows: 

§ 86.1848–10 Certification. 

* * * * * 

(c) * * * 

(9) For 2012 and later model year 

LDVs, LDTs, and MDPVs, all certificates 

of conformity issued are conditional 

upon compliance with all provisions of 

§ 86.1818–12 and § 86.1865–12 both 

during and after model year production. 

The manufacturer bears the burden of 

establishing to the satisfaction of the 

Administrator that the terms and 

conditions upon which the certificate(s) 

was (were) issued were satisfied. For 

recall and warranty purposes, vehicles 

not covered by a certificate of 

mstockstill on DSKB9S0YB1PROD with RULES2

Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 25691 

conformity will continue to be held to 

the standards stated or referenced in the 

certificate that otherwise would have 

applied to the vehicles. 

(i) Failure to meet the fleet average 

CO2 requirements will be considered a 

failure to satisfy the terms and 

conditions upon which the certificate(s) 

was (were) issued and the vehicles sold 

in violation of the fleet average CO2

standard will not be covered by the 

certificate(s). The vehicles sold in 

violation will be determined according 

to § 86.1865–12(k)(7). 

(ii) Failure to comply fully with the 

prohibition against selling credits that 

are not generated or that are not 

available, as specified in § 86.1865–12, 

will be considered a failure to satisfy the 

terms and conditions upon which the 

certificate(s) was (were) issued and the 

vehicles sold in violation of this 

prohibition will not be covered by the 

certificate(s). 

* * * * * 

■ 26. A new § 86.1854–12 is added to 

read as follows: 

§ 86.1854–12 Prohibited acts. 

(a) The following acts and the causing 

thereof are prohibited: 

(1) In the case of a manufacturer, as 

defined by § 86.1803, of new motor 

vehicles or new motor vehicle engines 

for distribution in commerce, the sale, 

or the offering for sale, or the 

introduction, or delivery for 

introduction, into commerce, or (in the 

case of any person, except as provided 

by regulation of the Administrator), the 

importation into the United States of 

any new motor vehicle or new motor 

vehicle engine subject to this subpart, 

unless such vehicle or engine is covered 

by a certificate of conformity issued 

(and in effect) under regulations found 

in this subpart (except as provided in 

Section 203(b) of the Clean Air Act (42 

U.S.C. 7522(b)) or regulations 

promulgated thereunder). 

(2)(i) For any person to fail or refuse 

to permit access to or copying of records 

or to fail to make reports or provide 

information required under Section 208 

of the Clean Air Act (42 U.S.C. 7542) 

with regard to vehicles. 

(ii) For a person to fail or refuse to 

permit entry, testing, or inspection 

authorized under Section 206(c) (42 

U.S.C. 7525(c)) or Section 208 of the 

Clean Air Act (42 U.S.C. 7542) with 

regard to vehicles. 

(iii) For a person to fail or refuse to 

perform tests, or to have tests performed 

as required under Section 208 of the 

Clean Air Act (42 U.S.C. 7542) with 

regard to vehicles. 

(iv) For a person to fail to establish or 

maintain records as required under 

§§ 86.1844, 86.1862, 86.1864, and 

86.1865 with regard to vehicles. 

(v) For any manufacturer to fail to 

make information available as provided 

by regulation under Section 202(m)(5) of 

the Clean Air Act (42 U.S.C. 7521(m)(5)) 

with regard to vehicles. 

(3)(i) For any person to remove or 

render inoperative any device or 

element of design installed on or in a 

vehicle or engine in compliance with 

regulations under this subpart prior to 

its sale and delivery to the ultimate 

purchaser, or for any person knowingly 

to remove or render inoperative any 

such device or element of design after 

such sale and delivery to the ultimate 

purchaser. 

(ii) For any person to manufacture, 

sell or offer to sell, or install, any part 

or component intended for use with, or 

as part of, any vehicle or engine, where 

a principal effect of the part or 

component is to bypass, defeat, or 

render inoperative any device or 

element of design installed on or in a 

vehicle or engine in compliance with 

regulations issued under this subpart, 

and where the person knows or should 

know that the part or component is 

being offered for sale or installed for this 

use or put to such use. 

(4) For any manufacturer of a vehicle 

or engine subject to standards 

prescribed under this subpart: 

(i) To sell, offer for sale, introduce or 

deliver into commerce, or lease any 

such vehicle or engine unless the 

manufacturer has complied with the 

requirements of Section 207(a) and (b) 

of the Clean Air Act (42 U.S.C. 7541(a), 

(b)) with respect to such vehicle or 

engine, and unless a label or tag is 

affixed to such vehicle or engine in 

accordance with Section 207(c)(3) of the 

Clean Air Act (42 U.S.C. 7541(c)(3)). 

(ii) To fail or refuse to comply with 

the requirements of Section 207 (c) or 

(e) of the Clean Air Act (42 U.S.C. 

7541(c) or (e)). 

(iii) Except as provided in Section 

207(c)(3) of the Clean Air Act (42 U.S.C. 

7541(c)(3)), to provide directly or 

indirectly in any communication to the 

ultimate purchaser or any subsequent 

purchaser that the coverage of a 

warranty under the Clean Air Act is 

conditioned upon use of any part, 

component, or system manufactured by 

the manufacturer or a person acting for 

the manufacturer or under its control, or 

conditioned upon service performed by 

such persons. 

(iv) To fail or refuse to comply with 

the terms and conditions of the 

warranty under Section 207(a) or (b) of 

the Clean Air Act (42 U.S.C. 7541(a) or 

(b)). 

(b) For the purposes of enforcement of 

this subpart, the following apply: 

(1) No action with respect to any 

element of design referred to in 

paragraph (a)(3) of this section 

(including any adjustment or alteration 

of such element) shall be treated as a 

prohibited act under paragraph (a)(3) of 

this section if such action is in 

accordance with Section 215 of the 

Clean Air Act (42 U.S.C. 7549); 

(2) Nothing in paragraph (a)(3) of this 

section is to be construed to require the 

use of manufacturer parts in 

maintaining or repairing a vehicle or 

engine. For the purposes of the 

preceding sentence, the term 

‘‘manufacturer parts’’ means, with 

respect to a motor vehicle engine, parts 

produced or sold by the manufacturer of 

the motor vehicle or motor vehicle 

engine; 

(3) Actions for the purpose of repair 

or replacement of a device or element of 

design or any other item are not 

considered prohibited acts under 

paragraph (a)(3) of this section if the 

action is a necessary and temporary 

procedure, the device or element is 

replaced upon completion of the 

procedure, and the action results in the 

proper functioning of the device or 

element of design; 

(4) Actions for the purpose of a 

conversion of a motor vehicle or motor 

vehicle engine for use of a clean 

alternative fuel (as defined in title II of 

the Clean Air Act) are not considered 

prohibited acts under paragraph (a) of 

this section if: 

(i) The vehicle complies with the 

applicable standard when operating on 

the alternative fuel; and 

(ii) In the case of engines converted to 

dual fuel or flexible use, the device or 

element is replaced upon completion of 

the conversion procedure, and the 

action results in proper functioning of 

the device or element when the motor 

vehicle operates on conventional fuel. 

■ 27. A new § 86.1865–12 is added to 

subpart S to read as follows: 

§ 86.1865–12 How to comply with the fleet 

average CO2 standards. 

(a) Applicability. (1) Unless otherwise 

exempted under the provisions of 

§ 86.1801–12(j), CO2 fleet average 

exhaust emission standards apply to: 

(i) 2012 and later model year 

passenger automobiles and light trucks. 

(ii) Aftermarket conversion systems as 

defined in 40 CFR 85.502. 

(iii) Vehicles imported by ICIs as 

defined in 40 CFR 85.1502. 

(2) The terms ‘‘passenger automobile’’ 

and ‘‘light truck’’ as used in this section 

have the meanings as defined in 

§ 86.1818–12. 

mstockstill on DSKB9S0YB1PROD with RULES2

25692 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 

(b) Useful life requirements. Full 

useful life requirements for CO2

standards are defined in § 86.1818–12. 

There is not an intermediate useful life 

standard for CO2 emissions. 

(c) Altitude. Altitude requirements for 

CO2 standards are provided in 

§ 86.1810–09(f). 

(d) Small volume manufacturer 

certification procedures. Certification 

procedures for small volume 

manufacturers are provided in 

§ 86.1838–01. Small businesses meeting 

certain criteria may be exempted from 

the greenhouse gas emission standards 

in § 86.1818–12 according to the 

provisions of § 86.1801–12(j). 

(e) CO2 fleet average exhaust emission 

standards. The fleet average standards 

referred to in this section are the 

corporate fleet average CO2 standards 

for passenger automobiles and light 

trucks set forth in § 86.1818–12(c) and 

(e). The fleet average CO2 standards 

applicable in a given model year are 

calculated separately for passenger 

automobiles and light trucks for each 

manufacturer and each model year 

according to the provisions in 

§ 86.1818–12. Each manufacturer must 

comply with the applicable CO2 fleet 

average standard on a productionweighted average basis, for each 

separate averaging set, at the end of each 

model year, using the procedure 

described in paragraph (j) of this 

section. 

(f) In-use CO2 standards. In-use CO2

exhaust emission standards applicable 

to each model type are provided in 

§ 86.1818–12(d). 

(g) Durability procedures and method 

of determining deterioration factors 

(DFs). Deterioration factors for CO2

exhaust emission standards are 

provided in § 86.1823–08(m). 

(h) Vehicle test procedures. (1) The 

test procedures for demonstrating 

compliance with CO2 exhaust emission 

standards are contained in subpart B of 

this part and subpart B of part 600 of 

this chapter. 

(2) Testing of all passenger 

automobiles and light trucks to 

determine compliance with CO2 exhaust 

emission standards set forth in this 

section must be on a loaded vehicle 

weight (LVW) basis, as defined in 

§ 86.1803–01. 

(3) Testing for the purpose of 

providing certification data is required 

only at low altitude conditions. If 

hardware and software emission control 

strategies used during low altitude 

condition testing are not used similarly 

across all altitudes for in-use operation, 

the manufacturer must include a 

statement in the application for 

certification, in accordance with 

§ 86.1844–01(d)(11) and § 86.1810–09(f), 

stating what the different strategies are 

and why they are used. 

(i) Calculating the fleet average 

carbon-related exhaust emissions. (1) 

Manufacturers must compute separate 

production-weighted fleet average 

carbon-related exhaust emissions at the 

end of the model year for passenger 

automobiles and light trucks, using 

actual production, where production 

means vehicles produced and delivered 

for sale, and certifying model types to 

standards as defined in § 86.1818–12. 

The model type carbon-related exhaust 

emission results determined according 

to 40 CFR part 600 subpart F (in units 

of grams per mile rounded to the nearest 

whole number) become the certification 

standard for each model type. 

(2) Manufacturers must separately 

calculate production-weighted fleet 

average carbon-related exhaust 

emissions levels for the following 

averaging sets according to the 

provisions of part 600 subpart F of this 

chapter: 

(i) Passenger automobiles subject to 

the fleet average CO2 standards 

specified in § 86.1818–12(c)(2); 

(ii) Light trucks subject to the fleet 

average CO2 standards specified in 

§ 86.1818–12(c)(3); 

(iii) Passenger automobiles subject to 

the Temporary Leadtime Allowance 

Alternative Standards specified in 

§ 86.1818–12(e), if applicable; and 

(iv) Light trucks subject to the 

Temporary Leadtime Allowance 

Alternative Standards specified in 

§ 86.1818–12(e), if applicable. 

(j) Certification compliance and 

enforcement requirements for CO2

exhaust emission standards. (1) 

Compliance and enforcement 

requirements are provided in § 86.1864– 

10 and § 86.1848–10(c)(9). 

(2) The certificate issued for each test 

group requires all model types within 

that test group to meet the in-use 

emission standards to which each 

model type is certified as outlined in 

§ 86.1818–12(d). 

(3) Each manufacturer must comply 

with the applicable CO2 fleet average 

standard on a production-weighted 

average basis, at the end of each model 

year, using the procedure described in 

paragraph (i) of this section. 

(4) Each manufacturer must comply 

on an annual basis with the fleet average 

standards as follows: 

(i) Manufacturers must report in their 

annual reports to the Agency that they 

met the relevant corporate average 

standard by showing that their 

production-weighted average CO2

emissions levels of passenger 

automobiles and light trucks, as 

applicable, are at or below the 

applicable fleet average standard; or 

(ii) If the production-weighted average 

is above the applicable fleet average 

standard, manufacturers must obtain 

and apply sufficient CO2 credits as 

authorized under paragraph (k)(8) of 

this section. A manufacturer must show 

that they have offset any exceedence of 

the corporate average standard via the 

use of credits. Manufacturers must also 

include their credit balances or deficits 

in their annual report to the Agency. 

(iii) If a manufacturer fails to meet the 

corporate average CO2 standard for four 

consecutive years, the vehicles causing 

the corporate average exceedence will 

be considered not covered by the 

certificate of conformity (see paragraph 

(k)(8) of this section). A manufacturer 

will be subject to penalties on an 

individual-vehicle basis for sale of 

vehicles not covered by a certificate. 

(iv) EPA will review each 

manufacturer’s production to designate 

the vehicles that caused the exceedence 

of the corporate average standard. EPA 

will designate as nonconforming those 

vehicles in test groups with the highest 

certification emission values first, 

continuing until reaching a number of 

vehicles equal to the calculated number 

of noncomplying vehicles as determined 

in paragraph (k)(8) of this section. In a 

group where only a portion of vehicles 

would be deemed nonconforming, EPA 

will determine the actual 

nonconforming vehicles by counting 

backwards from the last vehicle 

produced in that test group. 

Manufacturers will be liable for 

penalties for each vehicle sold that is 

not covered by a certificate. 

(k) Requirements for the CO2

averaging, banking and trading (ABT) 

program. (1) A manufacturer whose CO2

fleet average emissions exceed the 

applicable standard must complete the 

calculation in paragraph (k)(4) of this 

section to determine the size of its CO2

deficit. A manufacturer whose CO2 fleet 

average emissions are less than the 

applicable standard must complete the 

calculation in paragraph (k)(4) of this 

section to generate CO2 credits. In either 

case, the number of credits or debits 

must be rounded to the nearest whole 

number. 

(2) There are no property rights 

associated with CO2 credits generated 

under this subpart. Credits are a limited 

authorization to emit the designated 

amount of emissions. Nothing in this 

part or any other provision of law 

should be construed to limit EPA’s 

authority to terminate or limit this 

authorization through a rulemaking. 

(3) Each manufacturer must comply 

with the reporting and recordkeeping 

mstockstill on DSKB9S0YB1PROD with RULES2

Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 25693 

requirements of paragraph (l) of this 

section for CO2 credits, including early 

credits. The averaging, banking and 

trading program is enforceable through 

the certificate of conformity that allows 

the manufacturer to introduce any 

regulated vehicles into commerce. 

(4) Credits are earned on the last day 

of the model year. Manufacturers must 

calculate, for a given model year and 

separately for passenger automobiles 

and light trucks, the number of credits 

or debits it has generated according to 

the following equation, rounded to the 

nearest megagram: 

CO2 Credits or Debits (Mg) = [(CO2

Standard—Manufacturer’s 

Production-Weighted Fleet Average 

CO2 Emissions) × (Total Number of 

Vehicles Produced) × (Vehicle 

Lifetime Miles)] ÷ 1,000,000 

Where: 

CO2 Standard = the applicable standard for 

the model year as determined by 

§ 86.1818–12; 

Manufacturer’s Production-Weighted Fleet 

Average CO2 Emissions = average 

calculated according to paragraph (i) of 

this section; 

Total Number of Vehicles Produced = The 

number of vehicles domestically 

produced plus those imported as defined 

in § 600.511–80 of this chapter; and 

Vehicle Lifetime Miles is 195,264 for 

passenger automobiles and 225,865 for 

light trucks. 

(5) Total credits or debits generated in 

a model year, maintained and reported 

separately for passenger automobiles 

and light trucks, shall be the sum of the 

credits or debits calculated in paragraph 

(k)(4) of this section and any of the 

following credits, if applicable: 

(i) Air conditioning leakage credits 

earned according to the provisions of 

§ 86.1866–12(b); 

(ii) Air conditioning efficiency credits 

earned according to the provisions of 

§ 86.1866–12(c); 

(iii) Off-cycle technology credits 

earned according to the provisions of 

§ 86.1866–12(d). 

(6) Unused CO2 credits shall retain 

their full value through the five 

subsequent model years after the model 

year in which they were generated. 

Credits available at the end of the fifth 

model year after the year in which they 

were generated shall expire. 

(7) Credits may be used as follows: 

(i) Credits generated and calculated 

according to the method in paragraph 

(k)(4) of this section may not be used to 

offset deficits other than those deficits 

accrued with respect to the standard in 

§ 86.1818–12. Credits may be banked 

and used in a future model year in 

which a manufacturer’s average CO2

level exceeds the applicable standard. 

Credits may be exchanged between the 

passenger automobile and light truck 

fleets of a given manufacturer. Credits 

may also be traded to another 

manufacturer according to the 

provisions in paragraph (k)(8) of this 

section. Before trading or carrying over 

credits to the next model year, a 

manufacturer must apply available 

credits to offset any deficit, where the 

deadline to offset that credit deficit has 

not yet passed. 

(ii) The use of credits shall not change 

Selective Enforcement Auditing or inuse testing failures from a failure to a 

non-failure. The enforcement of the 

averaging standard occurs through the 

vehicle’s certificate of conformity. A 

manufacturer’s certificate of conformity 

is conditioned upon compliance with 

the averaging provisions. The certificate 

will be void ab initio if a manufacturer 

fails to meet the corporate average 

standard and does not obtain 

appropriate credits to cover its shortfalls 

in that model year or subsequent model 

years (see deficit carry-forward 

provisions in paragraph (k)(8) of this 

section). 

(iii) Special provisions for 

manufacturers using the Temporary 

Leadtime Allowance Alternative 

Standards. (A) Credits generated by 

vehicles subject to the fleet average CO2

standards specified in § 86.1818–12(c) 

may only be used to offset a deficit 

generated by vehicles subject to the 

Temporary Leadtime Allowance 

Alternative Standards specified in 

§ 86.1818–12(e). 

(B) Credits generated by a passenger 

automobile or light truck averaging set 

subject to the Temporary Leadtime 

Allowance Alternative Standards 

specified in § 86.1818–12(e)(4)(i) or (ii) 

of this section may be used to offset a 

deficit generated by an averaging set 

subject to the Temporary Leadtime 

Allowance Alternative Standards 

through the 2015 model year, except 

that manufacturers qualifying under the 

provisions of § 86.1818–12(e)(3) may 

use such credits to offset a deficit 

generated by an averaging set subject to 

the Temporary Leadtime Allowance 

Alternative Standards through the 2016 

model year . 

(C) Credits generated by an averaging 

set subject to the Temporary Leadtime 

Allowance Alternative Standards 

specified in § 86.1818–12(e)(4)(i) or (ii) 

of this section may not be used to offset 

a deficit generated by an averaging set 

subject to the fleet average CO2

standards specified in § 86.1818– 

12(c)(2) or (3) or otherwise transferred to 

an averaging set subject to the fleet 

average CO2 standards specified in 

§ 86.1818–12(c)(2) or (3). 

(D) Credits generated by vehicles 

subject to the Temporary Leadtime 

Allowance Alternative Standards 

specified in § 86.1818–12(e)(4)(i) or (ii) 

may be banked for use in a future model 

year (to offset a deficit generated by an 

averaging set subject to the Temporary 

Leadtime Allowance Alternative 

Standards). All such credits shall expire 

at the end of the 2015 model year, 

except that manufacturers qualifying 

under the provisions of § 86.1818– 

12(e)(3) may use such credits to offset a 

deficit generated by an averaging set 

subject to the Temporary Leadtime 

Allowance Alternative Standards 

through the 2016 model year. 

(E) A manufacturer with any vehicles 

subject to the Temporary Leadtime 

Allowance Alternative Standards 

specified in § 86.1818–12(e)(4)(i) or (ii) 

of this section in a model year in which 

that manufacturer also generates credits 

with vehicles subject to the fleet average 

CO2 standards specified in § 86.1818– 

12(c) may not trade or bank credits 

earned against the fleet average 

standards in § 86.1818–12(c) for use in 

a future model year. 

(8) The following provisions apply if 

debits are accrued: 

(i) If a manufacturer calculates that it 

has negative credits (also called ‘‘debits’’ 

or a ‘‘credit deficit’’) for a given model 

year, it may carry that deficit forward 

into the next three model years. Such a 

carry-forward may only occur after the 

manufacturer exhausts any supply of 

banked credits. At the end of the third 

model year, the deficit must be covered 

with an appropriate number of credits 

that the manufacturer generates or 

purchases. Any remaining deficit is 

subject to a voiding of the certificate ab 

initio, as described in this paragraph 

(k)(8). Manufacturers are not permitted 

to have a credit deficit for four 

consecutive years. 

(ii) If debits are not offset within the 

specified time period, the number of 

vehicles not meeting the fleet average 

CO2 standards (and therefore not 

covered by the certificate) must be 

calculated. 

(A) Determine the gram per mile 

quantity of debits for the noncompliant 

vehicle category by multiplying the total 

megagram deficit by 1,000,000 and then 

dividing by the vehicle lifetime miles 

for the vehicle category (passenger 

automobile or light truck) specified in 

paragraph (k)(4) of this section. 

(B) Divide the result by the fleet 

average standard applicable to the 

model year in which the debits were 

first incurred and round to the nearest 

whole number to determine the number 

of vehicles not meeting the fleet average 

CO2 standards. 

mstockstill on DSKB9S0YB1PROD with RULES2

25694 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 

(iii) EPA will determine the vehicles 

not covered by a certificate because the 

condition on the certificate was not 

satisfied by designating vehicles in 

those test groups with the highest CO2

emission values first and continuing 

until reaching a number of vehicles 

equal to the calculated number of 

noncomplying vehicles as determined 

in paragraph (k)(7) of this section. If this 

calculation determines that only a 

portion of vehicles in a test group 

contribute to the debit situation, then 

EPA will designate actual vehicles in 

that test group as not covered by the 

certificate, starting with the last vehicle 

produced and counting backwards. 

(iv)(A) If a manufacturer ceases 

production of passenger cars and light 

trucks, the manufacturer continues to be 

responsible for offsetting any debits 

outstanding within the required time 

period. Any failure to offset the debits 

will be considered a violation of 

paragraph (k)(7)(i) of this section and 

may subject the manufacturer to an 

enforcement action for sale of vehicles 

not covered by a certificate, pursuant to 

paragraphs (k)(7)(ii) and (iii) of this 

section. 

(B) If a manufacturer is purchased by, 

merges with, or otherwise combines 

with another manufacturer, the 

controlling entity is responsible for 

offsetting any debits outstanding within 

the required time period. Any failure to 

offset the debits will be considered a 

violation of paragraph (k)(7)(i) of this 

section and may subject the 

manufacturer to an enforcement action 

for sale of vehicles not covered by a 

certificate, pursuant to paragraphs 

(k)(7)(ii) and (iii) of this section. 

(v) For purposes of calculating the 

statute of limitations, a violation of the 

requirements of paragraph (k)(7)(i) of 

this section, a failure to satisfy the 

conditions upon which a certificate(s) 

was issued and hence a sale of vehicles 

not covered by the certificate, all occur 

upon the expiration of the deadline for 

offsetting debits specified in paragraph 

(k)(7)(i) of this section. 

(9) The following provisions apply to 

CO2 credit trading: 

(i) EPA may reject CO2 credit trades 

if the involved manufacturers fail to 

submit the credit trade notification in 

the annual report. 

(ii) A manufacturer may not sell 

credits that are not available for sale 

pursuant to the provisions in paragraph 

(k)(6) of this section. 

(iii) In the event of a negative credit 

balance resulting from a transaction, 

both the buyer and seller are liable. EPA 

may void ab initio the certificates of 

conformity of all test groups 

participating in such a trade. 

(iv) (A) If a manufacturer trades a 

credit that it has not generated pursuant 

to paragraph (k) of this section or 

acquired from another party, the 

manufacturer will be considered to have 

generated a debit in the model year that 

the manufacturer traded the credit. The 

manufacturer must offset such debits by 

the deadline for the annual report for 

that same model year. 

(B) Failure to offset the debits within 

the required time period will be 

considered a failure to satisfy the 

conditions upon which the certificate(s) 

was issued and will be addressed 

pursuant to paragraph (k)(7) of this 

section. 

(v) A manufacturer may only trade 

credits that it has generated pursuant to 

paragraph (k)(4) of this section or 

acquired from another party. 

(l) Maintenance of records and 

submittal of information relevant to 

compliance with fleet average CO2

standards—(1) Maintenance of records. 

(i) Manufacturers producing any lightduty vehicles, light-duty trucks, or 

medium-duty passenger vehicles subject 

to the provisions in this subpart must 

establish, maintain, and retain all the 

following information in adequately 

organized records for each model year: 

(A) Model year. 

(B) Applicable fleet average CO2

standards for each averaging set as 

defined in paragraph (i) of this section. 

(C) The calculated fleet average CO2

value for each averaging set as defined 

in paragraph (i) of this section. 

(D) All values used in calculating the 

fleet average CO2 values. 

(ii) Manufacturers producing any 

passenger cars or light trucks subject to 

the provisions in this subpart must 

establish, maintain, and retain all the 

following information in adequately 

organized records for each passenger car 

or light truck subject to this subpart: 

(A) Model year. 

(B) Applicable fleet average CO2

standard. 

(C) EPA test group. 

(D) Assembly plant. 

(E) Vehicle identification number. 

(F) Carbon-related exhaust emission 

standard to which the passenger car or 

light truck is certified. 

(G) In-use carbon-related exhaust 

emission standard. 

(H) Information on the point of first 

sale, including the purchaser, city, and 

state. 

(iii) Manufacturers must retain all 

required records for a period of eight 

years from the due date for the annual 

report. Records may be stored in any 

format and on any media, as long as 

manufacturers can promptly send EPA 

organized written records in English if 

requested by the Administrator. 

Manufacturers must keep records 

readily available as EPA may review 

them at any time. 

(iv) The Administrator may require 

the manufacturer to retain additional 

records or submit information not 

specifically required by this section. 

(v) Pursuant to a request made by the 

Administrator, the manufacturer must 

submit to the Administrator the 

information that the manufacturer is 

required to retain. 

(vi) EPA may void ab initio a 

certificate of conformity for vehicles 

certified to emission standards as set 

forth or otherwise referenced in this 

subpart for which the manufacturer fails 

to retain the records required in this 

section or to provide such information 

to the Administrator upon request, or to 

submit the reports required in this 

section in the specified time period. 

(2) Reporting. (i) Each manufacturer 

must submit an annual report. The 

annual report must contain for each 

applicable CO2 standard, the calculated 

fleet average CO2 value, all values 

required to calculate the CO2 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. 

(ii) For each applicable fleet average 

CO2 standard, the annual report must 

also include documentation on all credit 

transactions the manufacturer has 

engaged in since those included in the 

last report. Information for each 

transaction must include all of the 

following: 

(A) Name of credit provider. 

(B) Name of credit recipient. 

(C) Date the trade occurred. 

(D) Quantity of credits traded in 

megagrams. 

(E) Model year in which the credits 

were earned. 

(iii) Manufacturers calculating early 

air conditioning leakage and/or 

efficiency credits under paragraph 

§ 86.1867–12(b) of this section shall 

include in the 2012 report, the following 

information for each model year 

separately for passenger automobiles 

and light trucks and for each air 

conditioning system used to generate 

credits: 

(A) A description of the air 

conditioning system. 

(B) The leakage credit value and all 

the information required to determine 

this value. 

(C) The total credits earned for each 

averaging set, model year, and region, as 

applicable. 

(iv) Manufacturers calculating early 

advanced technology vehicle credits 

mstockstill on DSKB9S0YB1PROD with RULES2

Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 25695 

under paragraph § 86.1867–12(c) shall 

include in the 2012 report, separately 

for each model year and separately for 

passenger automobiles and light trucks, 

the following information: 

(A) The number of each model type of 

eligible vehicle sold. 

(B) The cumulative model year 

production of eligible vehicles starting 

with the 2009 model year. 

(C) The carbon-related exhaust 

emission value by model type and 

model year. 

(v) Manufacturers calculating early 

off-cycle technology credits under 

paragraph § 86.1867–12(d) shall include 

in the 2012 report, for each model year 

and separately for passenger 

automobiles and light trucks, all test 

results and data required for calculating 

such credits. 

(vi) Unless a manufacturer reports the 

data required by this section in the 

annual production report required 

under § 86.1844–01(e) or the annual 

report required under § 600.512–12 of 

this chapter, a manufacturer must 

submit an annual report for each model 

year after production ends for all 

affected vehicles produced by the 

manufacturer subject to the provisions 

of this subpart and no later than May 1 

of the calendar year following the given 

model year. Annual reports must be 

submitted to: Director, Compliance and 

Innovative Strategies Division, U.S. 

Environmental Protection Agency, 2000 

Traverwood, Ann Arbor, Michigan 

48105. 

(vii) Failure by a manufacturer to 

submit the annual report in the 

specified time period for all vehicles 

subject to the provisions in this section 

is a violation of section 203(a)(1) of the 

Clean Air Act (42 U.S.C. 7522 (a)(1)) for 

each applicable vehicle produced by 

that manufacturer. 

(viii) If EPA or the manufacturer 

determines that a reporting error 

occurred on an annual report previously 

submitted to EPA, the manufacturer’s 

credit or debit calculations will be 

recalculated. EPA may void erroneous 

credits, unless traded, and will adjust 

erroneous debits. In the case of traded 

erroneous credits, EPA must adjust the 

selling manufacturer’s credit balance to 

reflect the sale of such credits and any 

resulting credit deficit. 

(3) Notice of opportunity for hearing. 

Any voiding of the certificate under 

paragraph (l)(1)(vi) of this section will 

be made only after EPA has offered the 

affected manufacturer an opportunity 

for a hearing conducted in accordance 

with § 86.614–84 for light-duty vehicles 

or § 86.1014–84 for light-duty trucks 

and, if a manufacturer requests such a 

hearing, will be made only after an 

initial decision by the Presiding Officer. 

■ 28. A new § 86.1866–12 is added to 

subpart S to read as follows: 

§ 86.1866–12 CO2 fleet average credit 

programs. 

(a) Incentive for certification of 

advanced technology vehicles. Electric 

vehicles, plug-in hybrid electric 

vehicles, and fuel cell vehicles, as those 

terms are defined in § 86.1803–01, that 

are certified and produced in the 2012 

through 2016 model years may be 

eligible for a reduced CO2 emission 

value under the provisions of this 

paragraph (a) and under the provisions 

of part 600 of this chapter. 

(1) Electric vehicles, fuel cell vehicles, 

and plug-in hybrid electric vehicles may 

use a value of zero (0) grams/mile of 

CO2 to represent the proportion of 

electric operation of a vehicle that is 

derived from electricity that is generated 

from sources that are not onboard the 

vehicle. 

(2) The use of zero (0) grams/mile CO2

is limited to the first 200,000 combined 

electric vehicles, plug-in hybrid electric 

vehicles, and fuel cell vehicles 

produced and delivered for sale by a 

manufacturer in the 2012 through 2016 

model years, except that a manufacturer 

that produces and delivers for sale 

25,000 or more such vehicles in the 

2012 model year shall be subject to a 

limitation on the use of zero (0) grams/ 

mile CO2 to the first 300,000 combined 

electric vehicles, plug-in hybrid electric 

vehicles, and fuel cell vehicles 

produced and delivered for sale by a 

manufacturer in the 2012 through 2016 

model years. 

(b) Credits for reduction of air 

conditioning refrigerant leakage. 

Manufacturers may generate credits 

applicable to the CO2 fleet average 

program described in § 86.1865–12 by 

implementing specific air conditioning 

system technologies designed to reduce 

air conditioning refrigerant leakage over 

the useful life of their passenger cars 

and/or light trucks. Credits shall be 

calculated according to this paragraph 

(b) for each air conditioning system that 

the manufacturer is using to generate 

CO2 credits. Manufacturers may also 

generate early air conditioning 

refrigerant leakage credits under this 

paragraph (b) for the 2009 through 2011 

model years according to the provisions 

of § 86.1867–12(b). 

(1) The manufacturer shall calculate 

an annual rate of refrigerant leakage 

from an air conditioning system in 

grams per year according to the 

provisions of § 86.166–12. 

(2) The CO2-equivalent gram per mile 

leakage reduction to be used to calculate 

the total credits generated by the air 

conditioning system shall be 

determined according to the following 

formulae, rounded to the nearest tenth 

of a gram per mile: 

(i) Passenger automobiles: 

L MaxCredit Leakage GWP

GWP

REF

HFC

eakage credit = ×− ⎛

⎝

⎜ ⎞

⎠

⎟ 1 ×

16 6 1 . 34a

⎛

⎝

⎜ ⎞

⎠

⎟ ⎡

⎣

⎢

⎢

⎤

⎦

⎥

⎥

Where: 

MaxCredit is 12.6 (grams CO2-equivalent/ 

mile) for air conditioning systems using 

HFC–134a, and 13.8 (grams CO2- 

equivalent/mile) for air conditioning 

systems using a refrigerant with a lower 

global warming potential. 

Leakage means the annual refrigerant leakage 

rate determined according to the 

provisions of § 86.166–12(a), except if 

the calculated rate is less than 8.3 grams/ 

year (4.1 grams/year for systems using 

electric compressors) the rate for the 

purpose of this formula shall be 8.3 

grams/year (4.1 grams/year for systems 

using electric compressors); 

The constant 16.6 is the average passenger 

car impact of air conditioning leakage in 

units of grams/year; 

GWPREF means the global warming potential 

of the refrigerant as indicated in 

paragraph (b)(5) of this section or as 

otherwise determined by the 

Administrator; 

GWPHFC134a means the global warming 

potential of HFC–134a as indicated in 

paragraph (b)(5) of this section or as 

otherwise determined by the 

Administrator. 

(ii) Light trucks: 


mstockstill on DSKB9S0YB1PROD with RULES2ER07MY10.048</MATH>
25696 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 

L MaxCredit Leakage GWP

GWP

REF

HFC

eakage credit = ×− ⎛

⎝

⎜ ⎞

⎠

⎟ 1 ×

20 7 1 . 34a

⎛

⎝

⎜ ⎞

⎠

⎟ ⎡

⎣

⎢

⎢

⎤

⎦

⎥

⎥

Where: 

MaxCredit is 15.6 (grams CO2-equivalent/ 

mile) for air conditioning systems using 

HFC–134a, and 17.2 (grams CO2- 

equivalent/mile) for air conditioning 

systems using a refrigerant with a lower 

global warming potential. 

Leakage means the annual refrigerant leakage 

rate determined according to the 

provisions of § 86.166–12(a), except if 

the calculated rate is less than 10.4 

grams/year (5.2 grams/year for systems 

using electric compressors) the rate for 

the purpose of this formula shall be 10.4 

grams/year (5.2 grams/year for systems 

using electric compressors); 

The constant 20.7 is the average passenger 

car impact of air conditioning leakage in 

units of grams/year; 

GWPREF means the global warming potential 

of the refrigerant as indicated in 

paragraph (b)(5) of this section or as 

otherwise determined by the 

Administrator; 

GWPR134a means the global warming 

potential of HFC–134a as indicated in 

paragraph (b)(5) of this section or as 

otherwise determined by the 

Administrator. 

(3) The total leakage reduction credits 

generated by the air conditioning system 

shall be calculated separately for 

passenger cars and light trucks 

according to the following formula: 

Total Credits (megagrams) = (Leakage × 

Production × VLM) ÷ 1,000,000 

Where: 

Leakage = the CO2-equivalent leakage credit 

value in grams per mile determined in 

paragraph (b)(2) of this section. 

Production = The total number of passenger 

cars or light trucks, whichever is 

applicable, produced with the air 

conditioning system to which to the 

leakage credit value from paragraph 

(b)(2) of this section applies. 

VLM = vehicle lifetime miles, which for 

passenger cars shall be 195,264 and for 

light trucks shall be 225,865. 

(4) The results of paragraph (b)(3) of 

this section, rounded to the nearest 

whole number, shall be included in the 

manufacturer’s credit/debit totals 

calculated in § 86.1865–12(k)(5). 

(5) The following values for 

refrigerant global warming potential 

(GWPREF), or alternative values as 

determined by the Administrator, shall 

be used in the calculations of this 

paragraph (b). The Administrator will 

determine values for refrigerants not 

included in this paragraph (b)(5) upon 

request by a manufacturer. 

(i) For HFC–134a, GWPREF = 1430; 

(ii) For HFC–152a, GWPREF = 124; 

(iii) For HFO–1234yf,: GWPREF = 4; 

(iv) For CO2, GWPREF = 1. 

(c) Credits for improving air 

conditioning system efficiency. 

Manufacturers may generate credits 

applicable to the CO2 fleet average 

program described in § 86.1865–12 by 

implementing specific air conditioning 

system technologies designed to reduce 

air conditioning-related CO2 emissions 

over the useful life of their passenger 

cars and/or light trucks. Credits shall be 

calculated according to this paragraph 

(c) for each air conditioning system that 

the manufacturer is using to generate 

CO2 credits. Manufacturers may also 

generate early air conditioning 

efficiency credits under this paragraph 

(c) for the 2009 through 2011 model 

years according to the provisions of 

§ 86.1867–12(b). For model years 2012 

and 2013 the manufacturer may 

determine air conditioning efficiency 

credits using the requirements in 

paragraphs (c)(1) through (4) of this 

section. For model years 2014 and later 

the eligibility requirements specified in 

paragraph (c)(5) of this section must be 

met before an air conditioning system is 

allowed to generate credits. 

(1) Air conditioning efficiency credits 

are available for the following 

technologies in the gram per mile 

amounts indicated: 

(i) Reduced reheat, with externallycontrolled, variable-displacement 

compressor (e.g. a compressor that 

controls displacement based on 

temperature setpoint and/or cooling 

demand of the air conditioning system 

control settings inside the passenger 

compartment): 1.7 g/mi. 

(ii) Reduced reheat, with externallycontrolled, fixed-displacement or 

pneumatic variable displacement 

compressor (e.g. a compressor that 

controls displacement based on 

conditions within, or internal to, the air 

conditioning system, such as head 

pressure, suction pressure, or evaporator 

outlet temperature): 1.1 g/mi. 

(iii) Default to recirculated air with 

closed-loop control of the air supply 

(sensor feedback to control interior air 

quality) whenever the ambient 

temperature is 75 °F or higher: 1.7 g/mi. 

Air conditioning systems that operated 

with closed-loop control of the air 

supply at different temperatures may 

receive credits by submitting an 

engineering analysis to the 

Administrator for approval. 

(iv) Default to recirculated air with 

open-loop control air supply (no sensor 

feedback) whenever the ambient 

temperature is 75 °F or higher: 1.1 g/mi. 

Air conditioning systems that operate 

with open-loop control of the air supply 

at different temperatures may receive 

credits by submitting an engineering 

analysis to the Administrator for 

approval. 

(v) Blower motor controls which limit 

wasted electrical energy (e.g. pulse 

width modulated power controller): 0.9 

g/mi. 

(vi) Internal heat exchanger (e.g. a 

device that transfers heat from the highpressure, liquid-phase refrigerant 

entering the evaporator to the lowpressure, gas-phase refrigerant exiting 

the evaporator): 1.1 g/mi. 

(vii) Improved condensers and/or 

evaporators with system analysis on the 

component(s) indicating a coefficient of 

performance improvement for the 

system of greater than 10% when 

compared to previous industry standard 

designs): 1.1 g/mi. 

(viii) Oil separator: 0.6 g/mi. The 

manufacturer must submit an 

engineering analysis demonstrating the 

increased improvement of the system 

relative to the baseline design, where 

the baseline component for comparison 

is the version which a manufacturer 

most recently had in production on the 

same vehicle design or in a similar or 

related vehicle model. The 

characteristics of the baseline 

component shall be compared to the 

new component to demonstrate the 

improvement. 

(2) Air conditioning efficiency credits 

are determined on an air conditioning 

system basis. For each air conditioning 

system that is eligible for a credit based 

on the use of one or more of the items 

listed in paragraph (c)(1) of this section, 

the total credit value is the sum of the 

gram per mile values listed in paragraph 

(c)(1) of this section for each item that 

applies to the air conditioning system. 

If the sum of those values for an air 

conditioning system is greater than 5.7 

grams per mile, the total credit value is 

deemed to be 5.7 grams per mile. 

(3) The total efficiency credits 

generated by an air conditioning system 

shall be calculated separately for 

passenger cars and light trucks 

according to the following formula: 

Total Credits (Megagrams) = (Credit × 

Production × VLM) ÷ 1,000,000 

Where: 

Credit = the CO2 efficiency credit value in 

grams per mile determined in paragraph 


mstockstill on DSKB9S0YB1PROD with RULES2ER07MY10.049</MATH>
Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 25697 

(c)(2) or (c)(5) of this section, whichever 

is applicable. 

Production = The total number of passenger 

cars or light trucks, whichever is 

applicable, produced with the air 

conditioning system to which to the 

efficiency credit value from paragraph 

(c)(2) of this section applies. 

VLM = vehicle lifetime miles, which for 

passenger cars shall be 195,264 and for 

light trucks shall be 225,865. 

(4) The results of paragraph (c)(3) of 

this section, rounded to the nearest 

whole number, shall be included in the 

manufacturer’s credit/debit totals 

calculated in § 86.1865–12(k)(5). 

(5) Use of the Air Conditioning Idle 

Test Procedure is required after the 2013 

model year as specified in this 

paragraph (c)(5). 

(i) After the 2013 model year, for each 

air conditioning system selected by the 

manufacturer to generate air 

conditioning efficiency credits, the 

manufacturer shall perform the Air 

Conditioning Idle Test Procedure 

specified in § 86.165–14 of this part. 

(ii) Using good engineering judgment, 

the manufacturer must select the vehicle 

configuration to be tested that is 

expected to result in the greatest 

increased CO2 emissions as a result of 

the operation of the air conditioning 

system for which efficiency credits are 

being sought. If the air conditioning 

system is being installed in passenger 

automobiles and light trucks, a separate 

determination of the quantity of credits 

for passenger automobiles and light 

trucks must be made, but only one test 

vehicle is required to represent the air 

conditioning system, provided it 

represents the worst-case impact of the 

system on CO2 emissions. 

(iii) For an air conditioning system to 

be eligible to generate credits in the 

2014 and later model years, the 

increased CO2 emissions as a result of 

the operation of that air conditioning 

system determined according to the Idle 

Test Procedure in § 86.165–14 must be 

less than 21.3 grams per minute. 

(A) If the increased CO2 emissions 

determined from the Idle Test Procedure 

in § 86.165–14 is less than or equal to 

14.9 grams/minute, the total credit value 

for use in paragraph (c)(3) of this section 

shall be as determined in paragraph 

(c)(2) of this section. 

(B) If the increased CO2 emissions 

determined from the Idle Test Procedure 

in § 86.165–14 is greater than 14.9 

grams/minute and less than 21.3 grams/ 

minute, the total credit value for use in 

paragraph (c)(3) of this section shall be 

as determined according to the 

following formula: 

TCV TCV ITP= ×− ⎛ −

⎝

⎜ ⎞

⎠

⎟ ⎡

⎣

⎢ ⎤

⎦ 1 ⎥ 1 14 9

6 4

.

.

Where: 

TCV = The total credit value for use in 

paragraph (c)(3) of this section; 

TCV1 = The total credit value determined 

according to paragraph (c)(2) of this 

section; and 

ITP = the increased CO2 emissions 

determined from the Idle Test Procedure 

in § 86.165–14. 

(iv) Air conditioning systems with 

compressors that are solely powered by 

electricity shall submit Air Conditioning 

Idle Test Procedure data to be eligible to 

generate credits in the 2014 and later 

model years, but such systems are not 

required to meet a specific threshold to 

be eligible to generate such credits, as 

long as the engine remains off for a 

period of at least 2 minutes during the 

air conditioning on portion of the Idle 

Test Procedure in § 86.165–12(d). 

(6) The following definitions apply to 

this paragraph (c): 

(i) Reduced reheat, with externallycontrolled, variable displacement 

compressor means a system in which 

compressor displacement is controlled 

via an electronic signal, based on input 

from sensors (e.g., position or setpoint 

of interior temperature control, interior 

temperature, evaporator outlet air 

temperature, or refrigerant temperature) 

and air temperature at the outlet of the 

evaporator can be controlled to a level 

at 41 °F, or higher. 

(ii) Reduced reheat, with externallycontrolled, fixed-displacement or 

pneumatic variable displacement 

compressor means a system in which 

the output of either compressor is 

controlled by cycling the compressor 

clutch off-and-on via an electronic 

signal, based on input from sensors (e.g., 

position or setpoint of interior 

temperature control, interior 

temperature, evaporator outlet air 

temperature, or refrigerant temperature) 

and air temperature at the outlet of the 

evaporator can be controlled to a level 

at 41 °F, or higher. 

(iii) Default to recirculated air mode 

means that the default position of the 

mechanism which controls the source of 

air supplied to the air conditioning 

system shall change from outside air to 

recirculated air when the operator or the 

automatic climate control system has 

engaged the air conditioning system 

(i.e., evaporator is removing heat), 

except under those conditions where 

dehumidification is required for 

visibility (i.e., defogger mode). In 

vehicles equipped with interior air 

quality sensors (e.g., humidity sensor, or 

carbon dioxide sensor), the controls may 

determine proper blend of air supply 

sources to maintain freshness of the 

cabin air and prevent fogging of 

windows while continuing to maximize 

the use of recirculated air. At any time, 

the vehicle operator may manually 

select the non-recirculated air setting 

during vehicle operation but the system 

must default to recirculated air mode on 

subsequent vehicle operations (i.e., next 

vehicle start). The climate control 

system may delay switching to 

recirculation mode until the interior air 

temperature is less than the outside air 

temperature, at which time the system 

must switch to recirculated air mode. 

(iv) Blower motor controls which limit 

waste energy means a method of 

controlling fan and blower speeds 

which does not use resistive elements to 

decrease the voltage supplied to the 

motor. 

(v) Improved condensers and/or 

evaporators means that the coefficient of 

performance (COP) of air conditioning 

system using improved evaporator and 

condenser designs is 10 percent higher, 

as determined using the bench test 

procedures described in SAE J2765 

‘‘Procedure for Measuring System COP 

of a Mobile Air Conditioning System on 

a Test Bench,’’ when compared to a 

system using standard, or prior model 

year, component designs. SAE J2765 is 

incorporated by reference; see § 86.1. 

The manufacturer must submit an 

engineering analysis demonstrating the 

increased improvement of the system 

relative to the baseline design, where 

the baseline component(s) for 

comparison is the version which a 

manufacturer most recently had in 

production on the same vehicle design 

or in a similar or related vehicle model. 

The dimensional characteristics (e.g., 

tube configuration/thickness/spacing, 

and fin density) of the baseline 

component(s) shall be compared to the 

new component(s) to demonstrate the 

improvement in coefficient of 

performance. 

(vi) Oil separator means a mechanism 

which removes at least 50 percent of the 

oil entrained in the oil/refrigerant 

mixture exiting the compressor and 

returns it to the compressor housing or 

compressor inlet, or a compressor 

design which does not rely on the 

circulation of an oil/refrigerant mixture 

for lubrication. 

(d) Credits for CO2-reducing 

technologies where the CO2 reduction is 

not captured on the Federal Test 

Procedure or the Highway Fuel 

Economy Test. With prior EPA 

approval, manufacturers may optionally 

generate credits applicable to the CO2

fleet average program described in 

§ 86.1865–12 by implementing 

innovative technologies that have a 


mstockstill on DSKB9S0YB1PROD with RULES2ER07MY10.050</MATH>
25698 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 

measurable, demonstrable, and 

verifiable real-world CO2 reduction. 

These optional credits are referred to as 

‘‘off-cycle’’ credits and may be earned 

through the 2016 model year. 

(1) Qualification criteria. To qualify 

for this credit, the criteria in this 

paragraph (d)(1) must be met as 

determined by the Administratory: 

(i) The technology must be an 

innovative and novel vehicle- or enginebased approach to reducing greenhouse 

gas emissions, and not in widespread 

use. 

(ii) The CO2-reducing impact of the 

technology must not be significantly 

measurable over the Federal Test 

Procedure and the Highway Fuel 

Economy Test. The technology must 

improve CO2 emissions beyond the 

driving conditions of those tests. 

(iii) The technology must be able to be 

demonstrated to be effective for the full 

useful life of the vehicle. Unless the 

manufacturer demonstrates that the 

technology is not subject to in-use 

deterioration, the manufacturer must 

account for the deterioration in their 

analysis. 

(2) Quantifying the CO2 reductions of 

an off-cycle technology. The 

manufacturer may use one of the two 

options specified in this paragraph 

(d)(2) to measure the CO2-reducing 

potential of an innovative off-cycle 

technology. The option described in 

paragraph (d)(2)(ii) of this section may 

be used only with EPA approval, and to 

use that option the manufacturer must 

be able to justify to the Administrator 

why the 5-cycle option described in 

paragraph (d)(2)(i) of this section 

insufficiently characterizes the 

effectiveness of the off-cycle technology. 

The manufacturer should notify EPA in 

their pre-model year report of their 

intention to generate any credits under 

paragraph (d) of this section. 

(i) Technology demonstration using 

EPA 5-cycle methodology. To 

demonstrate an off-cycle technology and 

to determine a CO2 credit using the EPA 

5-cycle methodology, the manufacturer 

shall determine 5-cycle city/highway 

combined carbon-related exhaust 

emissions both with the technology 

installed and operating and without the 

technology installed and/or operating. 

The manufacturer shall conduct the 

following steps, both with the off-cycle 

technology installed and operating and 

without the technology operating or 

installed. 

(A) Determine carbon-related exhaust 

emissions over the FTP, the HFET, the 

US06, the SC03, and the cold 

temperature FTP test procedures 

according to the test procedure 

provisions specified in 40 CFR part 600 

subpart B and using the calculation 

procedures specified in § 600.113–08 of 

this chapter. 

(B) Calculate 5-cycle city and highway 

carbon-related exhaust emissions using 

data determined in paragraph 

(d)(2)(i)(A) of this section according to 

the calculation procedures in 

paragraphs (d) through (f) of § 600.114– 

08 of this chapter. 

(C) Calculate a 5-cycle city/highway 

combined carbon-related exhaust 

emission value using the city and 

highway values determined in 

paragraph (d)(2)(i)(B) of this section. 

(D) Subtract the 5-cycle city/highway 

combined carbon-related exhaust 

emission value determined with the offcycle technology operating from the 5- 

cycle city/highway combined carbonrelated exhaust emission value 

determined with the off-cycle 

technology not operating. The result is 

the gram per mile credit amount 

assigned to the technology. 

(ii) Technology demonstration using 

alternative EPA-approved methodology. 

In cases where the EPA 5-cycle 

methodology described in paragraph 

(d)(2)(i) of this section cannot 

adequately measure the emission 

reduction attributable to an innovative 

off-cycle technology, the manufacturer 

may develop an alternative approach. 

Prior to a model year in which a 

manufacturer intends to seek these 

credits, the manufacturer must submit a 

detailed analytical plan to EPA. EPA 

will work with the manufacturer to 

ensure that an analytical plan will result 

in appropriate data for the purposes of 

generating these credits. The alternative 

demonstration program must be 

approved in advance by the 

Administrator and should: 

(A) Use modeling, on-road testing, onroad data collection, or other approved 

analytical or engineering methods; 

(B) Be robust, verifiable, and capable 

of demonstrating the real-world 

emissions benefit with strong statistical 

significance; 

(C) Result in a demonstration of 

baseline and controlled emissions over 

a wide range of driving conditions and 

number of vehicles such that issues of 

data uncertainty are minimized; 

(D) Result in data on a model type 

basis unless the manufacturer 

demonstrates that another basis is 

appropriate and adequate. 

(iii) Calculation of total off-cycle 

credits. Total off-cycle credits in 

Megagrams of CO2 (rounded to the 

nearest whole number) shall be 

calculated separately for passenger 

automobiles and light trucks according 

to the following formula: 

Total Credits (Megagrams) = (Credit × 

Production × VLM) ÷ 1,000,000 

Where: 

Credit = the 5-cycle credit value in grams per 

mile determined in paragraph (d)(2)(i)(D) 

or (d)(2)(ii) of this section. 

Production = The total number of passenger 

cars or light trucks, whichever is 

applicable, produced with the off-cycle 

technology to which to the credit value 

determined in paragraph (d)(2)(i)(D) or 

(d)(2)(ii) of this section applies. 

VLM = vehicle lifetime miles, which for 

passenger cars shall be 195,264 and for 

light trucks shall be 225,865. 

(3) Notice and opportunity for public 

comment. The Administrator will 

publish a notice of availability in the 

Federal Register notifying the public of 

a manufacturer’s proposed alternative 

off-cycle credit calculation 

methodology. The notice will include 

details regarding the proposed 

methodology, but will not include any 

Confidential Business Information. The 

notice will include instructions on how 

to comment on the methodology. The 

Administrator will take public 

comments into consideration in the 

final determination, and will notify the 

public of the final determination. 

Credits may not be accrued using an 

approved methodology until the model 

year following the final approval. 

■ 29. A new § 86.1867–12 is added to 

subpart S to read as follows: 

§ 86.1867–12 Optional early CO2 credit 

programs. 

Manufacturers may optionally 

generate CO2 credits in the 2009 through 

2011 model years for use in the 2012 

and later model years subject to EPA 

approval and to the provisions of this 

section. Manufacturers may generate 

early fleet average credits, air 

conditioning leakage credits, air 

conditioning efficiency credits, early 

advanced technology credits, and early 

off-cycle technology credits. 

Manufacturers generating any credits 

under this section must submit an early 

credits report to the Administrator as 

required in this section. The terms 

‘‘sales’’ and ‘‘sold’’ as used in this section 

shall mean vehicles produced and 

delivered for sale in the states and 

territories of the United States. 

(a) Early fleet average CO2 reduction 

credits. Manufacturers may optionally 

generate credits for reductions in their 

fleet average CO2 emissions achieved in 

the 2009 through 2011 model years. To 

generate early fleet average CO2

reduction credits, manufacturers must 

select one of the four pathways 

described in paragraphs (a)(1) through 

(4) of this section. The manufacturer 

may select only one pathway, and that 

mstockstill on DSKB9S0YB1PROD with RULES2

Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 25699 

pathway must remain in effect for the 

2009 through 2011 model years. Fleet 

average credits (or debits) must be 

calculated and reported to EPA for each 

model year under each selected 

pathway. Early credits are subject to five 

year carry-forward restrictions based on 

the model year in which the credits are 

generated. 

(1) Pathway 1. To earn credits under 

this pathway, the manufacturer shall 

calculate an average carbon-related 

exhaust emission value to the nearest 

one gram per mile for the classes of 

motor vehicles identified in this 

paragraph (a)(1), and the results of such 

calculations will be reported to the 

Administrator for use in determining 

compliance with the applicable CO2

early credit threshold values. 

(i) An average carbon-related exhaust 

emission value calculation will be made 

for the combined LDV/LDT1 averaging 

set. 

(ii) An average carbon-related exhaust 

emission value calculation will be made 

for the combined LDT2/HLDT/MDPV 

averaging set. 

(iii) Average carbon-related exhaust 

emission values shall be determined 

according to the provisions of 

§ 600.510–12 of this chapter, except 

that: 

(A) Total U.S. model year sales data 

will be used, instead of production data. 

(B) The average carbon-related 

exhaust emissions for alcohol fueled 

model types shall be calculated 

according to the provisions of 

§ 600.510–12(j)(2)(ii)(B) of this chapter, 

without the use of the 0.15 

multiplicative factor. 

(C) The average carbon-related 

exhaust emissions for natural gas fueled 

model types shall be calculated 

according to the provisions of 

§ 600.510–12(j)(2)(iii)(B) of this chapter, 

without the use of the 0.15 

multiplicative factor. 

(D) The average carbon-related 

exhaust emissions for alcohol dual 

fueled model types shall be the value 

measured using gasoline or diesel fuel, 

as applicable, and shall be calculated 

according to the provisions of 

§ 600.510–12(j)(2)(vi) of this chapter, 

without the use of the 0.15 

multiplicative factor and with F = 0. For 

the 2010 and 2011 model years only, if 

the California Air Resources Board has 

approved a manufacturer’s request to 

use a non-zero value of F, the 

manufacturer may use such an approved 

value. 

(E) The average carbon-related 

exhaust emissions for natural gas dual 

fueled model types shall be the value 

measured using gasoline or diesel fuel, 

as applicable, and shall be calculated 

according to the provisions of 

§ 600.510–12(j)(2)(vii) of this chapter, 

without the use of the 0.15 

multiplicative factor and with F = 0. For 

the 2010 and 2011 model years only, if 

the California Air Resources Board has 

approved a manufacturer’s request to 

use a non-zero value of F, the 

manufacturer may use such an approved 

value. 

(F) Carbon-related exhaust emission 

values for electric, fuel cell, and plugin hybrid electric model types shall be 

included in the fleet average determined 

under paragraph (a)(1) of this section 

only to the extent that such vehicles are 

not being used to generate early 

advanced technology vehicle credits 

under paragraph (c) of this section. 

(iv) Fleet average CO2 credit threshold 

values. 

Model year LDV/LDT1 LDT2/HLDT/ 

MDPV 

2009 .................. 323 439 

2010 .................. 301 420 

2011 .................. 267 390 

(v) Credits are earned on the last day 

of the model year. Manufacturers must 

calculate, for a given model year, the 

number of credits or debits it has 

generated according to the following 

equation, rounded to the nearest 

megagram: 

CO2 Credits or Debits (Mg) = [(CO2

Credit Threshold ¥ Manufacturer’s 

Sales Weighted Fleet Average CO2

Emissions) × (Total Number of 

Vehicles Sold) × (Vehicle Lifetime 

Miles)] ÷ 1,000,000 

Where: 

CO2 Credit Threshold = the applicable credit 

threshold value for the model year and 

vehicle averaging set as determined by 

paragraph (a)(1)(iv) of this section; 

Manufacturer’s Sales Weighted Fleet Average 

CO2 Emissions = average calculated 

according to paragraph (a)(1)(iii) of this 

section; 

Total Number of Vehicles Sold = The number 

of vehicles domestically sold as defined 

in § 600.511–80 of this chapter; and 

Vehicle Lifetime Miles is 195,264 for the 

LDV/LDT1 averaging set and 225,865 for 

the LDT2/HLDT/MDPV averaging set. 

(vi) Deficits generated against the 

applicable CO2 credit threshold values 

in paragraph (a)(1)(iv) of this section in 

any averaging set for any of the 2009– 

2011 model years must be offset using 

credits accumulated by any averaging 

set in any of the 2009–2011 model years 

before determining the number of 

credits that may be carried forward to 

the 2012. Deficit carry forward and 

credit banking provisions of § 86.1865– 

12 apply to early credits earned under 

this paragraph (a)(1), except that deficits 

may not be carried forward from any of 

the 2009–2011 model years into the 

2012 model year, and credits earned in 

the 2009 model year may not be traded 

to other manufacturers. 

(2) Pathway 2. To earn credits under 

this pathway, manufacturers shall 

calculate an average carbon-related 

exhaust emission value to the nearest 

one gram per mile for the classes of 

motor vehicles identified in paragraph 

(a)(1) of this section, and the results of 

such calculations will be reported to the 

Administrator for use in determining 

compliance with the applicable CO2

early credit threshold values. 

(i) Credits under this pathway shall be 

calculated according to the provisions of 

paragraph (a)(1) of this section, except 

credits may only be generated by 

vehicles sold in a model year in 

California and in states with a section 

177 program in effect in that model 

year. For the purposes of this section, 

‘‘section 177 program’’ means State 

regulations or other laws that apply to 

vehicle emissions from any of the 

following categories of motor vehicles: 

Passenger cars, light-duty trucks up 

through 6,000 pounds GVWR, and 

medium-duty vehicles from 6,001 to 

14,000 pounds GVWR, as these 

categories of motor vehicles are defined 

in the California Code of Regulations, 

Title 13, Division 3, Chapter 1, Article 

1, Section 1900. 

(ii) A deficit in any averaging set for 

any of the 2009–2011 model years must 

be offset using credits accumulated by 

any averaging set in any of the 2009– 

2011 model years before determining 

the number of credits that may be 

carried forward to the 2012 model year. 

Deficit carry forward and credit banking 

provisions of § 86.1865–12 apply to 

early credits earned under this 

paragraph (a)(1), except that deficits 

may not be carried forward from any of 

the 2009–2011 model years into the 

2012 model year, and credits earned in 

the 2009 model year may not be traded 

to other manufacturers. 

(3) Pathway 3. Pathway 3 credits are 

those credits earned under Pathway 2 as 

described in paragraph (a)(2) of this 

section in California and in the section 

177 states determined in paragraph 

(a)(2)(i) of this section, combined with 

additional credits earned in the set of 

states that does not include California 

and the section 177 states determined in 

paragraph (a)(2)(i) of this section and 

calculated according to this paragraph 

(a)(3). 

(i) Manufacturers shall earn 

additional credits under Pathway 3 by 

calculating an average carbon-related 

exhaust emission value to the nearest 

one gram per mile for the classes of 

mstockstill on DSKB9S0YB1PROD with RULES2

25700 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 

motor vehicles identified in this 

paragraph (a)(3). The results of such 

calculations will be reported to the 

Administrator for use in determining 

compliance with the applicable CO2

early credit threshold values. 

(ii) An average carbon-related exhaust 

emission value calculation will be made 

for the passenger automobile averaging 

set. The term ‘‘passenger automobile’’ 

shall have the meaning given by the 

Department of Transportation at 49 CFR 

523.4 for the specific model year for 

which the calculation is being made. 

(iii) An average carbon-related 

exhaust emission value calculation will 

be made for the light truck averaging set. 

The term ‘‘light truck’’ shall have the 

meaning given by the Department of 

Transportation at 49 CFR 523.5 for the 

specific model year for which the 

calculation is being made. 

(iv) Average carbon-related exhaust 

emission values shall be determined 

according to the provisions of 

§ 600.510–12 of this chapter, except 

that: 

(A) Total model year sales data will be 

used, instead of production data, except 

that vehicles sold in the section 177 

states determined in paragraph (a)(2)(i) 

of this section shall not be included. 

(B) The average carbon-related 

exhaust emissions for alcohol fueled 

model types shall be calculated 

according to the provisions of 

§ 600.510–12(j)(2)(ii)(B) of this chapter, 

without the use of the 0.15 

multiplicative factor. 

(C) The average carbon-related 

exhaust emissions for natural gas fueled 

model types shall be calculated 

according to the provisions of 

§ 600.510–12(j)(2)(iii)(B) of this chapter, 

without the use of the 0.15 

multiplicative factor. 

(D) The average carbon-related 

exhaust emissions for alcohol dual 

fueled model types shall be calculated 

according to the provisions of 

§ 600.510–12(j)(2)(vi) of this chapter, 

without the use of the 0.15 

multiplicative factor and with F = 0. 

(E) The average carbon-related 

exhaust emissions for natural gas dual 

fueled model types shall be calculated 

according to the provisions of 

§ 600.510–12(j)(2)(vii) of this chapter, 

without the use of the 0.15 

multiplicative factor and with F = 0. 

(F) Section 600.510–12(j)(3) of this 

chapter shall not apply. Electric, fuel 

cell, and plug-in hybrid electric model 

type carbon-related exhaust emission 

values shall be included in the fleet 

average determined under paragraph 

(a)(1) of this section only to the extent 

that such vehicles are not being used to 

generate early advanced technology 

vehicle credits under paragraph (c) of 

this section. 

(v) Pathway 3 fleet average CO2 credit 

threshold values. 

(A) For 2009 and 2010 model year 

passenger automobiles, the fleet average 

CO2 credit threshold value is 323 grams/ 

mile. 

(B) For 2009 model year light trucks 

the fleet average CO2 credit threshold 

value is 381 grams/mile, or, if the 

manufacturer chose to optionally meet 

an alternative manufacturer-specific 

light truck fuel economy standard 

calculated under 49 CFR 533.5 for the 

2009 model year, the gram per mile fleet 

average CO2 credit threshold shall be 

the CO2 value determined by dividing 

8887 by that alternative manufacturerspecific fuel economy standard and 

rounding to the nearest whole gram per 

mile. 

(C) For 2010 model year light trucks 

the fleet average CO2 credit threshold 

value is 376 grams/mile, or, if the 

manufacturer chose to optionally meet 

an alternative manufacturer-specific 

light truck fuel economy standard 

calculated under 49 CFR 533.5 for the 

2010 model year, the gram per mile fleet 

average CO2 credit threshold shall be 

the CO2 value determined by dividing 

8887 by that alternative manufacturerspecific fuel economy standard and 

rounding to the nearest whole gram per 

mile. 

(D) For 2011 model year passenger 

automobiles the fleet average CO2 credit 

threshold value is the value determined 

by dividing 8887 by the manufacturerspecific passenger automobile fuel 

economy standard for the 2011 model 

year determined under 49 CFR 531.5 

and rounding to the nearest whole gram 

per mile. 

(E) For 2011 model year light trucks 

the fleet average CO2 credit threshold 

value is the value determined by 

dividing 8887 by the manufacturerspecific light truck fuel economy 

standard for the 2011 model year 

determined under 49 CFR 533.5 and 

rounding to the nearest whole gram per 

mile. 

(vi) Credits are earned on the last day 

of the model year. Manufacturers must 

calculate, for a given model year, the 

number of credits or debits it has 

generated according to the following 

equation, rounded to the nearest 

megagram: 

CO2 Credits or Debits (Mg) = [(CO2

Credit Threshold ¥ Manufacturer’s 

Sales Weighted Fleet Average CO2

Emissions) × (Total Number of 

Vehicles Sold) × (Vehicle Lifetime 

Miles)] ÷ 1,000,000 

Where: 

CO2 Credit Threshold = the applicable credit 

threshold value for the model year and 

vehicle averaging set as determined by 

paragraph (a)(3)(vii) of this section; 

Manufacturer’s Sales Weighted Fleet Average 

CO2 Emissions = average calculated 

according to paragraph (a)(3)(vi) of this 

section; 

Total Number of Vehicles Sold = The number 

of vehicles domestically sold as defined 

in § 600.511–80 of this chapter except 

that vehicles sold in the section 177 

states determined in paragraph (a)(2)(i) 

of this section shall not be included; and 

Vehicle Lifetime Miles is 195,264 for the 

LDV/LDT1 averaging set and 225,865 for 

the LDT2/HLDT/MDPV averaging set. 

(vii) Deficits in any averaging set for 

any of the 2009–2011 model years must 

be offset using credits accumulated by 

any averaging set in any of the 2009– 

2011 model years before determining 

the number of credits that may be 

carried forward to the 2012. Deficit 

carry forward and credit banking 

provisions of § 86.1865–12 apply to 

early credits earned under this 

paragraph (a)(3), except that deficits 

may not be carried forward from any of 

the 2009–2011 model years into the 

2012 model year, and credits earned in 

the 2009 model year may not be traded 

to other manufacturers. 

(4) Pathway 4. Pathway 4 credits are 

those credits earned under Pathway 3 as 

described in paragraph (a)(3) of this 

section in the set of states that does not 

include California and the section 177 

states determined in paragraph (a)(2)(i) 

of this section and calculated according 

to paragraph (a)(3) of this section. 

Credits may only be generated by 

vehicles sold in the set of states that 

does not include the section 177 states 

determined in paragraph (a)(2)(i) of this 

section. 

(b) Early air conditioning leakage and 

efficiency credits. (1) Manufacturers 

may optionally generate air 

conditioning refrigerant leakage credits 

according to the provisions of 

§ 86.1866–12(b) and/or air conditioning 

efficiency credits according to the 

provisions of § 86.1866–12(c) in model 

years 2009 through 2011. The early 

credits are subject to five year carry 

forward limits based on the model year 

in which the credits are generated. 

Credits must be tracked by model type 

and model year. 

(2) Manufacturers that are required to 

comply with California greenhouse gas 

requirements in model years 2009–2011 

(for California and section 177 states) 

may not generate early air conditioning 

credits for vehicles sold in California 

and the section 177 states as determined 

in paragraph (a)(2)(i) of this section. 

(c) Early advanced technology vehicle 

incentive. Vehicles eligible for this 

mstockstill on DSKB9S0YB1PROD with RULES2

Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 25701 

incentive are electric vehicles, fuel cell 

vehicles, and plug-in hybrid electric 

vehicles, as those terms are defined in 

§ 86.1803–01. If a manufacturer chooses 

to not include electric vehicles, fuel cell 

vehicles, and plug-in hybrid electric 

vehicles in their fleet averages 

calculated under any of the early credit 

pathways described in paragraph (a) of 

this section, the manufacturer may 

generate early advanced technology 

vehicle credits pursuant to this 

paragraph (c). 

(1) The manufacturer shall record the 

sales and carbon-related exhaust 

emission values of eligible vehicles by 

model type and model year for model 

years 2009 through 2011 and report 

these values to the Administrator under 

paragraph (e) of this section. 

(2) Manufacturers may use the 2009 

through 2011 eligible vehicles in their 

fleet average calculations starting with 

the 2012 model year, subject to a fiveyear carry-forward limitation. 

(i) Eligible 2009 model year vehicles 

may be used in the calculation of a 

manufacturer’s fleet average carbonrelated exhaust emissions in the 2012 

through 2014 model years. 

(ii) Eligible 2010 model year vehicles 

may be used in the calculation of a 

manufacturer’s fleet average carbonrelated exhaust emissions in the 2012 

through 2015 model years. 

(iii) Eligible 2011 model year vehicles 

may be used in the calculation of a 

manufacturer’s fleet average carbonrelated exhaust emissions in the 2012 

through 2016 model years. 

(3)(i) To use the advanced technology 

vehicle incentive, the manufacturer will 

apply the 2009, 2010, and/or 2011 

model type sales volumes and their 

model type emission levels to the 

manufacturer’s fleet average calculation. 

(ii) The early advanced technology 

vehicle incentive must be used to offset 

a deficit in one of the 2012 through 2016 

model years, as appropriate under 

paragraph (c)(2) of this section. 

(iii) The advanced technology vehicle 

sales and emission values may be 

included in a fleet average calculation 

for passenger automobiles or light 

trucks, but may not be used to generate 

credits in the model year in which they 

are included or in the averaging set in 

which they are used. Use of early 

advanced technology vehicle credits is 

limited to offsetting a deficit that would 

otherwise be generated without the use 

of those credits. Manufacturers shall 

report the use of such credits in their 

model year report for the model year in 

which the credits are used. 

(4) Manufacturers may use zero 

grams/mile to represent the carbonrelated exhaust emission values for the 

electric operation of 2009 through 2011 

model year electric vehicles, fuel cell 

vehicles, and plug-in hybrid electric 

vehicles subject to the limitations in 

§ 86.1866–12(a). The 2009 through 2011 

model year vehicles using zero grams 

per mile shall count against the 200,000 

or 300,000 caps on use of this credit 

value, whichever is applicable under 

§ 86.1866–12(a). 

(d) Early off-cycle technology credits. 

Manufacturers may optionally generate 

credits for the implementation of certain 

CO2-reducing technologies according to 

the provisions of § 86.1866–12(d) in 

model years 2009 through 2011. The 

early credits are subject to five year 

carry forward limits based on the model 

year in which the credits are generated. 

Credits must be tracked by model type 

and model year. 

(e) Early credit reporting 

requirements. Each manufacturer shall 

submit a report to the Administrator, 

known as the early credits report, that 

reports the credits earned in the 2009 

through 2011 model years under this 

section. 

(1) The report shall contain all 

information necessary for the 

calculation of the manufacturer’s early 

credits in each of the 2009 through 2011 

model years. 

(2) The early credits report shall be in 

writing, signed by the authorized 

representative of the manufacturer and 

shall be submitted no later than 90 days 

after the end of the 2011 model year. 

(3) Manufacturers using one of the 

optional early fleet average CO2

reduction credit pathways described in 

paragraph (a) of this section shall report 

the following information separately for 

the appropriate averaging sets (e.g. LDV/ 

LDT1 and LDT2/HLDT/MDPV averaging 

sets for pathways 1 and 2; LDV, LDT/ 

2011 MDPV, LDV/LDT1 and LDT2/ 

HLDT/MDPV averaging sets for Pathway 

3; LDV and LDT/2011 MDPV averaging 

sets for Pathway 4): 

(i) The pathway that they have 

selected (1, 2, 3, or 4). 

(ii) A carbon-related exhaust emission 

value for each model type of the 

manufacturer’s product line calculated 

according to paragraph (a) of this 

section. 

(iii) The manufacturer’s average 

carbon-related exhaust emission value 

calculated according to paragraph (a) of 

this section for the applicable averaging 

set and region and all data required to 

complete this calculation. 

(iv) The credits earned for each 

averaging set, model year, and region, as 

applicable. 

(4) Manufacturers calculating early air 

conditioning leakage and/or efficiency 

credits under paragraph (b) of this 

section shall report the following 

information for each model year 

separately for passenger automobiles 

and light trucks and for each air 

conditioning system used to generate 

credits: 

(i) A description of the air 

conditioning system. 

(ii) The leakage credit value and all 

the information required to determine 

this value. 

(iii) The total credits earned for each 

averaging set, model year, and region, as 

applicable. 

(5) Manufacturers calculating early 

advanced technology vehicle credits 

under paragraph (c) of this section shall 

report, for each model year and 

separately for passenger automobiles 

and light trucks, the following 

information: 

(i) The number of each model type of 

eligible vehicle sold. 

(ii) The carbon-related exhaust 

emission value by model type and 

model year. 

(6) Manufacturers calculating early 

off-cycle technology credits under 

paragraph (d) of this section shall 

report, for each model year and 

separately for passenger automobiles 

and light trucks, all test results and data 

required for calculating such credits. 

PART 600—FUEL ECONOMY AND 

CARBON-RELATED EXHAUST 

EMISSIONS OF MOTOR VEHICLES 

■ 30. The authority citation for part 600 

continues to read as follows: 

Authority: 49 U.S.C. 32901–23919q, Pub. 

L. 109–58. 

■ 31. The heading for part 600 is revised 

as set forth above. 

Subpart A—Fuel Economy and 

Carbon-Related Exhaust Emission 

Regulations for 1977 and Later Model 

Year Automobiles—General Provisions 

■ 32. The heading for subpart A is 

revised as set forth above. 

■ 33. A new § 600.001–12 is added to 

subpart A to read as follows: 

§ 600.001–12 General applicability. 

(a) The provisions of this subpart are 

applicable to 2012 and later model year 

automobiles and to the manufacturers of 

2012 and later model year automobiles. 

(b) Fuel economy and related 

emissions data. Unless stated otherwise, 

references to fuel economy or fuel 

economy data in this subpart shall also 

be interpreted to mean the related 

exhaust emissions of CO2, HC, and CO, 

and where applicable for alternative fuel 

vehicles, CH3OH, C2H5OH, C2H4O, 

HCHO, NMHC and CH4. References to 

mstockstill on DSKB9S0YB1PROD with RULES2

25702 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 

average fuel economy shall be 

interpreted to also mean average carbonrelated exhaust emissions. References to 

fuel economy data vehicles shall also be 

meant to refer to vehicles tested for 

carbon-related exhaust emissions for the 

purpose of demonstrating compliance 

with fleet average CO2 standards in 

§ 86.1818–12 of this chapter. 

■ 34. Section 600.002–08 is amended as 

follows: 

■ a. By adding the definition for ‘‘Base 

tire.’’ 

■ b. By adding the definition for 

‘‘Carbon-related exhaust emissions.’’ 

■ c. By adding the definition for 

‘‘Electric vehicle.’’ 

■ d. By adding the definition for 

‘‘Footprint.’’ 

■ e. By adding the definition for ‘‘Fuel 

cell.’’ 

■ f. By adding the definition for ‘‘Fuel 

cell vehicle.’’ 

■ g. By adding the definition for ‘‘Hybrid 

electric vehicle.’’ 

■ h. By revising the definition for ‘‘Nonpassenger automobile.’’ 

■ i. By revising the definition for 

‘‘Passenger automobile.’’ 

■ j. By adding the definition for ‘‘Plugin hybrid electric vehicle.’’ 

■ k. By adding the definition for ‘‘Track 

width.’’ 

■ l. By adding the definition for 

‘‘Wheelbase.’’ 

§ 600.002–08 Definitions. 

* * * * * 

Base tire means the tire specified as 

standard equipment by the 

manufacturer. 

* * * * * 

Carbon-related exhaust emissions 

(CREE) means the summation of the 

carbon-containing constituents of the 

exhaust emissions, with each 

constituent adjusted by a coefficient 

representing the carbon weight fraction 

of each constituent relative to the CO2

carbon weight fraction, as specified in 

§ 600.113–08. For example, carbonrelated exhaust emissions (weighted 55 

percent city and 45 percent highway) 

are used to demonstrate compliance 

with fleet average CO2 emission 

standards outlined in § 86.1818(c) of 

this chapter. 

* * * * * 

Electric vehicle has the meaning given 

in § 86.1803–01 of this chapter. 

* * * * * 

Footprint has the meaning given in 

§ 86.1803–01 of this chapter. 

* * * * * 

Fuel cell has the meaning given in 

§ 86.1803–01 of this chapter. 

Fuel cell vehicle has the meaning 

given in § 86.1803–01 of this chapter. 

* * * * * 

Hybrid electric vehicle (HEV) has the 

meaning given in § 86.1803–01 of this 

chapter. 

* * * * * 

Non-passenger automobile has the 

meaning given by the Department of 

Transportation at 49 CFR 523.5. This 

term is synonymous with ‘‘light truck.’’ 

* * * * * 

Passenger automobile has the 

meaning given by the Department of 

Transportation at 49 CFR 523.4. 

* * * * * 

Plug-in hybrid electric vehicle (PHEV) 

has the meaning given in § 86.1803–01 

of this chapter. 

* * * * * 

Track width has the meaning given in 

§ 86.1803–01 of this chapter. 

* * * * * 

Wheelbase has the meaning given in 

§ 86.1803–01 of this chapter. 

* * * * * 

■ 35. Section 600.006–08 is amended as 

follows: 

■ a. By revising the section heading. 

■ b. By revising paragraph (b)(2)(ii). 

■ c. By revising paragraph (b)(2)(iv). 

■ d. By revising paragraph (c) 

introductory text. 

■ e. By adding paragraph (c)(5). 

■ f. By revising paragraph (e). 

■ g. By revising paragraph (g)(3). 

§ 600.006–08 Data and information 

requirements for fuel economy data 

vehicles. 

* * * * * 

(b) * * * 

(2) * * * 

(ii) In the case of electric vehicles, 

plug-in hybrid electric vehicles, and 

hybrid electric vehicles, a description of 

all maintenance to electric motor, motor 

controller, battery configuration, or 

other components performed within 

2,000 miles prior to fuel economy 

testing. 

* * * * * 

(iv) In the case of electric vehicles, 

plug-in hybrid electric vehicles, and 

hybrid electric vehicles, a copy of 

calibrations for the electric motor, motor 

controller, battery configuration, or 

other components on the test vehicle as 

well as the design tolerances. 

* * * * * 

(c) The manufacturer shall submit the 

following fuel economy data: 

* * * * * 

(5) Starting with the 2012 model year, 

the data submitted according to 

paragraphs (c)(1) through (c)(4) of this 

section shall include total HC, CO, CO2, 

and, where applicable for alternative 

fuel vehicles, CH3OH, C2H5OH, C2H4O, 

HCHO, NMHC and CH4. Manufacturers 

incorporating N2O and CH4 emissions in 

their fleet average carbon-related 

exhaust emissions as allowed under 

§ 86.1818(f)(2) of this chapter shall also 

submit N2O and CH4 emission data 

where applicable. The fuel economy 

and CO2 emission test results shall be 

adjusted in accordance with paragraph 

(g) of this section. 

* * * * * 

(e) In lieu of submitting actual data 

from a test vehicle, a manufacturer may 

provide fuel economy and carbonrelated exhaust emission values derived 

from a previously tested vehicle, where 

the fuel economy and carbon-related 

exhaust emissions are expected to be 

equivalent (or less fuel-efficient and 

with higher carbon-related exhaust 

emissions). Additionally, in lieu of 

submitting actual data from a test 

vehicle, a manufacturer may provide 

fuel economy and carbon-related 

exhaust emission values derived from 

an analytical expression, e.g., regression 

analysis. In order for fuel economy and 

carbon-related exhaust emission values 

derived from analytical methods to be 

accepted, the expression (form and 

coefficients) must have been approved 

by the Administrator. 

* * * * * 

(g) * * * 

(3)(i) The manufacturer shall adjust 

all fuel economy test data generated by 

vehicles with engine-drive system 

combinations with more than 6,200 

miles by using the following equation: 

FE4,000mi = FET[0.979 + 5.25 × 

10¥6(mi)]¥1

Where: 

FE4,000mi = Fuel economy data adjusted to 

4,000-mile test point rounded to the 

nearest 0.1 mpg. 

FET = Tested fuel economy value rounded to 

the nearest 0.1 mpg. 

mi = System miles accumulated at the start 

of the test rounded to the nearest whole 

mile. 

(ii)(A) The manufacturer shall adjust 

all carbon-related exhaust emission 

(CREE) test data generated by vehicles 

with engine-drive system combinations 

with more than 6,200 miles by using the 

following equation: 

CREE4,000mi = CREET[0.979 + 5.25 × 

10¥6(mi)] 

Where: 

CREE4,000mi = CREE emission data adjusted to 

4,000-mile test point. 

CREE T = Tested emissions value of CREE in 

grams per mile. 

mi = System miles accumulated at the start 

of the test rounded to the nearest whole 

mile. 

(B) Emissions test values and results 

used and determined in the calculations 

in paragraph (g)(3)(ii) of this section 

mstockstill on DSKB9S0YB1PROD with RULES2

Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 25703 

shall be rounded in accordance with 

§ 86.1837–01 of this chapter as 

applicable. CREE values shall be 

rounded to the nearest gram per mile. 

* * * * * 

■ 36. Section 600.007–08 is amended as 

follows: 

■ a. By revising paragraph (b)(4) through 

(6). 

■ b. By revising paragraph (c). 

■ c. By revising paragraph (f) 

introductory text. 

§ 600.007–08 Vehicle acceptability. 

* * * * * 

(b) * * * 

(4) Each fuel economy data vehicle 

must meet the same exhaust emission 

standards as certification vehicles of the 

respective engine-system combination 

during the test in which the city fuel 

economy test results are generated. This 

may be demonstrated using one of the 

following methods: 

(i) The deterioration factors 

established for the respective enginesystem combination per § 86.1841–01 of 

this chapter as applicable will be used; 

or 

(ii) The fuel economy data vehicle 

will be equipped with aged emission 

control components according to the 

provisions of § 86.1823–08 of this 

chapter. 

(5) The calibration information 

submitted under § 600.006(b) must be 

representative of the vehicle 

configuration for which the fuel 

economy and carbon-related exhaust 

emissions data were submitted. 

(6) Any vehicle tested for fuel 

economy or carbon-related exhaust 

emissions purposes must be 

representative of a vehicle which the 

manufacturer intends to produce under 

the provisions of a certificate of 

conformity. 

* * * * * 

(c) If, based on review of the 

information submitted under 

§ 600.006(b), the Administrator 

determines that a fuel economy data 

vehicle meets the requirements of this 

section, the fuel economy data vehicle 

will be judged to be acceptable and fuel 

economy and carbon-related exhaust 

emissions data from that fuel economy 

data vehicle will be reviewed pursuant 

to § 600.008. 

* * * * * 

(f) All vehicles used to generate fuel 

economy and carbon-related exhaust 

emissions data, and for which emission 

standards apply, must be covered by a 

certificate of conformity under part 86 

of this chapter before: 

* * * * * 

■ 37. Section 600.008–08 is amended by 

revising the section heading and 

paragraph (a)(1) to read as follows: 

§ 600.008–08 Review of fuel economy and 

carbon-related exhaust emission data, 

testing by the Administrator. 

(a) Testing by the Administrator. (1)(i) 

The Administrator may require that any 

one or more of the test vehicles be 

submitted to the Agency, at such place 

or places as the Agency may designate, 

for the purposes of conducting fuel 

economy tests. The Administrator may 

specify that such testing be conducted at 

the manufacturer’s facility, in which 

case instrumentation and equipment 

specified by the Administrator shall be 

made available by the manufacturer for 

test operations. The tests to be 

performed may comprise the FTP, 

highway fuel economy test, US06, SC03, 

or Cold temperature FTP or any 

combination of those tests. Any testing 

conducted at a manufacturer’s facility 

pursuant to this paragraph shall be 

scheduled by the manufacturer as 

promptly as possible. 

(ii) Starting with the 2012 model year, 

evaluations, testing, and test data 

described in this section pertaining to 

fuel economy shall also be performed 

for carbon-related exhaust emissions, 

except that carbon-related exhaust 

emissions shall be arithmetically 

averaged instead of harmonically 

averaged, and in cases where the 

manufacturer selects the lowest of 

several fuel economy results to 

represent the vehicle, the manufacturer 

shall select the carbon-related exhaust 

emissions value from the test results 

associated with the lowest fuel economy 

results. 

* * * * * 

■ 38. Section 600.010–08 is amended by 

revising paragraph (d) to read as 

follows: 

§ 600.010–08 Vehicle test requirements 

and minimum data requirements. 

* * * * * 

(d) Minimum data requirements for 

the manufacturer’s average fuel 

economy and average carbon-related 

exhaust emissions. For the purpose of 

calculating the manufacturer’s average 

fuel economy and average carbonrelated exhaust emissions under 

§ 600.510, the manufacturer shall 

submit FTP (city) and HFET (highway) 

test data representing at least 90 percent 

of the manufacturer’s actual model year 

production, by configuration, for each 

category identified for calculation under 

§ 600.510–08(a). 

■ 39. Section 600.011–93 is amended to 

read as follows: 

§ 600.011–93 Reference materials. 

(a) Incorporation by reference. The 

documents referenced in this section 

have been incorporated by reference in 

this part. The incorporation by reference 

was approved by the Director of the 

Federal Register in accordance with 5 

U.S.C. 552(a) and 1 CFR part 51. Copies 

may be inspected at the U.S. 

Environmental Protection Agency, 

Office of Air and Radiation, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460, phone (202) 272–0167, or 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 and is 

available from the sources listed below: 

(b) ASTM. The following material is 

available from the American Society for 

Testing and Materials. Copies of these 

materials may be obtained from 

American Society for Testing and 

Materials, ASTM International, 100 Barr 

Harbor Drive, P.O. Box C700, West 

Conshohocken, PA 19428–2959, phone 

610–832–9585. http://www.astm.org/. 

(1) ASTM E 29–67 (Reapproved 1973) 

Standard Recommended Practice for 

Indicating Which Places of Figures Are 

To Be Considered Significant in 

Specified Limiting Values, IBR 

approved for §§ 600.002–93 and 

600.002–08. 

(2) ASTM D 1298–85 (Reapproved 

1990) Standard Practice for Density, 

Relative Density (Specific Gravity), or 

API Gravity of Crude Petroleum and 

Liquid Petroleum Products by 

Hydrometer Method, IBR approved for 

§§ 600.113–93, 600.510–93, 600.113–08, 

600.510–08, and 600.510–12. 

(3) ASTM D 3343–90 Standard Test 

Method for Estimation of Hydrogen 

Content of Aviation Fuels, IBR approved 

for §§ 600.113–93 and 600.113–08. 

(4) ASTM D 3338–92 Standard Test 

Method for Estimation of Net Heat of 

Combustion of Aviation Fuels, IBR 

approved for §§ 600.113–93 and 

600.113–08. 

(5) ASTM D 240–92 Standard Test 

Method for Heat of Combustion of 

Liquid Hydrocarbon Fuels by Bomb 

Calorimeter, IBR approved for 

§§ 600.113–93, 600.510–93, 600.113–08, 

and 600.510–08. 

(6) ASTM D975–04c Standard 

Specification for Diesel Fuel Oils, IBR 

approved for § 600.107–08. 

(7) ASTM D 1945–91 Standard Test 

Method for Analysis of Natural Gas By 

Gas Chromatography, IBR approved for 

§§ 600.113–93, 600.113–08. 

(c) SAE Material. The following 

material is available from the Society of 

mstockstill on DSKB9S0YB1PROD with RULES2

25704 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 

Automotive Engineers. Copies of these 

materials may be obtained from Society 

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) Motor Vehicle Dimensions— 

Recommended Practice SAE 1100a 

(Report of Human Factors Engineering 

Committee, Society of Automotive 

Engineers, approved September 1973 as 

revised September 1975), IBR approved 

for §§ 600.315–08 and 600.315–82. 

(2) [Reserved] 

Subpart B—Fuel Economy and 

Carbon-Related Exhaust Emission 

Regulations for 1978 and Later Model 

Year Automobiles—Test Procedures 

■ 40. The heading for subpart B is 

revised as set forth above. 

■ 41. A new § 600.101–12 is added to 

subpart B to read as follows: 

§ 600.101–12 General applicability. 

(a) The provisions of this subpart are 

applicable to 2012 and later model year 

automobiles and to the manufacturers of 

2012 and later model year automobiles. 

(b) Fuel economy and carbon-related 

emissions data. Unless stated otherwise, 

references to fuel economy or fuel 

economy data in this subpart shall also 

be interpreted to mean the related 

exhaust emissions of CO2, HC, and CO, 

and where applicable for alternative fuel 

vehicles, CH3OH, C2H5OH, C2H4O, 

HCHO, NMHC and CH4. References to 

average fuel economy shall be 

interpreted to also mean average carbonrelated exhaust emissions. 

■ 42. Section 600.111–08 is amended by 

revising paragraph (f) to read as follows: 

§ 600.111–08 Test procedures. 

* * * * * 

(f) Special Test Procedures. The 

Administrator may prescribe test 

procedures, other than those set forth in 

this Subpart B, for any vehicle which is 

not susceptible to satisfactory testing 

and/or testing results by the procedures 

set forth in this part. For example, 

special test procedures may be used for 

advanced technology vehicles, 

including, but not limited to battery 

electric vehicles, fuel cell vehicles, 

plug-in hybrid electric vehicles and 

vehicles equipped with hydrogen 

internal combustion engines. 

Additionally, the Administrator may 

conduct fuel economy and carbonrelated exhaust emission testing using 

the special test procedures approved for 

a specific vehicle. 

■ 43. A new § 600.113–12 is added to 

subpart B to read as follows: 

§ 600.113–12 Fuel economy and carbonrelated exhaust emission calculations for 

FTP, HFET, US06, SC03 and cold 

temperature FTP tests. 

The Administrator will use the 

calculation procedure set forth in this 

paragraph for all official EPA testing of 

vehicles fueled with gasoline, diesel, 

alcohol-based or natural gas fuel. The 

calculations of the weighted fuel 

economy and carbon-related exhaust 

emission values require input of the 

weighted grams/mile values for total 

hydrocarbons (HC), carbon monoxide 

(CO), and carbon dioxide (CO2); and, 

additionally for methanol-fueled 

automobiles, methanol (CH3OH) and 

formaldehyde (HCHO); and, 

additionally for ethanol-fueled 

automobiles, methanol (CH3OH), 

ethanol (C2H5OH), acetaldehyde 

(C2H4O), and formaldehyde (HCHO); 

and additionally for natural gas-fueled 

vehicles, non-methane hydrocarbons 

(NMHC) and methane (CH4). For 

manufacturers selecting the fleet 

averaging option for N2O and CH4 as 

allowed under § 86.1818–12(f)(2) of this 

chapter the calculations of the carbonrelated exhaust emissions require the 

input of grams/mile values for nitrous 

oxide (N2O) and methane (CH4). 

Emissions shall be determined for the 

FTP, HFET, US06, SC03 and cold 

temperature FTP tests. Additionally, the 

specific gravity, carbon weight fraction 

and net heating value of the test fuel 

must be determined. The FTP, HFET, 

US06, SC03 and cold temperature FTP 

fuel economy and carbon-related 

exhaust emission values shall be 

calculated as specified in this section. 

An example fuel economy calculation 

appears in Appendix II of this part. 

(a) Calculate the FTP fuel economy. 

(1) Calculate the weighted grams/mile 

values for the FTP test for CO2, HC, and 

CO, and where applicable, CH3OH, 

C2H5OH, C2H4O, HCHO, NMHC, N2O 

and CH4 as specified in § 86.144(b) of 

this chapter. Measure and record the 

test fuel’s properties as specified in 

paragraph (f) of this section. 

(2) Calculate separately the grams/ 

mile values for the cold transient phase, 

stabilized phase and hot transient phase 

of the FTP test. For vehicles with more 

than one source of propulsion energy, 

one of which is a rechargeable energy 

storage system, or vehicles with special 

features that the Administrator 

determines may have a rechargeable 

energy source, whose charge can vary 

during the test, calculate separately the 

grams/mile values for the cold transient 

phase, stabilized phase, hot transient 

phase and hot stabilized phase of the 

FTP test. 

(b) Calculate the HFET fuel economy. 

(1) Calculate the mass values for the 

highway fuel economy test for HC, CO 

and CO2, and where applicable, CH3OH, 

C2H5OH, C2H4O, HCHO, NMHC, N2O 

and CH4 as specified in § 86.144(b) of 

this chapter. Measure and record the 

test fuel’s properties as specified in 

paragraph (f) of this section. 

(2) Calculate the grams/mile values 

for the highway fuel economy test for 

HC, CO and CO2, and where applicable 

CH3OH, C2H5OH, C2H4O, HCHO, 

NMHC, N2O and CH4 by dividing the 

mass values obtained in paragraph (b)(1) 

of this section, by the actual distance 

traveled, measured in miles, as specified 

in § 86.135(h) of this chapter. 

(c) Calculate the cold temperature 

FTP fuel economy. 

(1) Calculate the weighted grams/mile 

values for the cold temperature FTP test 

for HC, CO and CO2, and where 

applicable, CH3OH, C2H5OH, C2H4O, 

HCHO, NMHC, N2O and CH4 as 

specified in § 86.144(b) of this chapter. 

For 2008 through 2010 diesel-fueled 

vehicles, HC measurement is optional. 

(2) Calculate separately the grams/ 

mile values for the cold transient phase, 

stabilized phase and hot transient phase 

of the cold temperature FTP test in 

§ 86.244 of this chapter. 

(3) Measure and record the test fuel’s 

properties as specified in paragraph (f) 

of this section. 

(d) Calculate the US06 fuel economy. 

(1) Calculate the total grams/mile 

values for the US06 test for HC, CO and 

CO2, and where applicable, CH3OH, 

C2H5OH, C2H4O, HCHO, NMHC, N2O 

and CH4 as specified in § 86.144(b) of 

this chapter. 

(2) Calculate separately the grams/ 

mile values for HC, CO and CO2, and 

where applicable, CH3OH, C2H5OH, 

C2H4O, HCHO, NMHC, N2O and CH4, 

for both the US06 City phase and the 

US06 Highway phase of the US06 test 

as specified in § 86.164 of this chapter. 

In lieu of directly measuring the 

emissions of the separate city and 

highway phases of the US06 test 

according to the provisions of § 86.159 

of this chapter, the manufacturer may, 

with the advance approval of the 

Administrator and using good 

engineering judgment, optionally 

analytically determine the grams/mile 

values for the city and highway phases 

of the US06 test. To analytically 

determine US06 City and US06 

Highway phase emission results, the 

manufacturer shall multiply the US06 

total grams/mile values determined in 

paragraph (d)(1) of this section by the 

estimated proportion of fuel use for the 

city and highway phases relative to the 

total US06 fuel use. The manufacturer 

may estimate the proportion of fuel use 

mstockstill on DSKB9S0YB1PROD with RULES2

Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 25705 

for the US06 City and US06 Highway 

phases by using modal CO2, HC, and CO 

emissions data, or by using appropriate 

OBD data (e.g., fuel flow rate in grams 

of fuel per second), or another method 

approved by the Administrator. 

(3) Measure and record the test fuel’s 

properties as specified in paragraph (f) 

of this section. 

(e) Calculate the SC03 fuel economy. 

(1) Calculate the grams/mile values 

for the SC03 test for HC, CO and CO2, 

and where applicable, CH3OH, C2H5OH, 

C2H4O, HCHO, NMHC, N2O and CH4 as 

specified in § 86.144(b) of this chapter. 

(2) Measure and record the test fuel’s 

properties as specified in paragraph (f) 

of this section. 

(f) Fuel property determination and 

analysis. 

(1) Gasoline test fuel properties shall 

be determined by analysis of a fuel 

sample taken from the fuel supply. A 

sample shall be taken after each 

addition of fresh fuel to the fuel supply. 

Additionally, the fuel shall be 

resampled once a month to account for 

any fuel property changes during 

storage. Less frequent resampling may 

be permitted if EPA concludes, on the 

basis of manufacturer-supplied data, 

that the properties of test fuel in the 

manufacturer’s storage facility will 

remain stable for a period longer than 

one month. The fuel samples shall be 

analyzed to determine the following fuel 

properties: 

(i) Specific gravity measured using 

ASTM D 1298–85 (Reapproved 1990) 

‘‘Standard Practice for Density, Relative 

Density (Specific Gravity), or API 

Gravity of Crude Petroleum and Liquid 

Petroleum Products by Hydrometer 

Method’’ (incorporated by reference at 

§ 600.011–93). 

(ii) Carbon weight fraction measured 

using ASTM D 3343–90 ‘‘Standard Test 

Method for Estimation of Hydrogen 

Content of Aviation Fuels’’ 

(incorporated by reference at § 600.011– 

93). 

(iii) Net heating value (Btu/lb) 

determined using ASTM D 3338–92 

‘‘Standard Test Method for Estimation of 

Net Heat of Combustion of Aviation 

Fuels’’ (incorporated by reference at 

§ 600.011–93). 

(2) Methanol test fuel shall be 

analyzed to determine the following fuel 

properties: 

(i) Specific gravity using either: 

(A) ASTM D 1298–85 (Reapproved 

1990) ‘‘Standard Practice for Density, 

Relative Density (Specific Gravity), or 

API Gravity of Crude Petroleum and 

Liquid Petroleum Products by 

Hydrometer Method’’ (incorporated by 

reference at § 600.011–93) for the blend, 

or: 

(B) ASTM D 1298–85 (Reapproved 

1990) ‘‘Standard Practice for Density, 

Relative Density (Specific Gravity), or 

API Gravity of Crude Petroleum and 

Liquid Petroleum Products by 

Hydrometer Method’’ (incorporated by 

reference at § 600.011–93) for the 

gasoline fuel component and also for the 

methanol fuel component and 

combining as follows: 

SG = SGg × volume fraction gasoline + 

SGm × volume fraction methanol. 

(ii)(A) Carbon weight fraction using 

the following equation: 

CWF = CWFg × MFg + 0.375 × MFm 

Where: 

CWFg = Carbon weight fraction of gasoline 

portion of blend measured using ASTM 

D 3343–90 ‘‘Standard Test Method for 

Estimation of Hydrogen Content of 

Aviation Fuels’’ (incorporated by 

reference at § 600.011–93). 

MFg = Mass fraction gasoline = (G × SGg)/ 

(G × SGg + M × SGm) 

MFm = Mass fraction methanol = (M × SGm)/ 

(G × SGg + M × SGm) 

Where: 

G = Volume fraction gasoline. 

M = Volume fraction methanol. 

SGg = Specific gravity of gasoline as 

measured using ASTM D 1298–85 

(Reapproved 1990) ‘‘Standard Practice 

for Density, Relative Density (Specific 

Gravity), or API Gravity of Crude 

Petroleum and Liquid Petroleum 

Products by Hydrometer Method’’ 

(incorporated by reference at § 600.011– 

93). 

SGm = Specific gravity of methanol as 

measured using ASTM D 1298–85 

(Reapproved 1990) ‘‘Standard Practice 

for Density, Relative Density (Specific 

Gravity), or API Gravity of Crude 

Petroleum and Liquid Petroleum 

Products by Hydrometer Method’’ 

(incorporated by reference at § 600.011– 

93). 

(B) Upon the approval of the 

Administrator, other procedures to 

measure the carbon weight fraction of 

the fuel blend may be used if the 

manufacturer can show that the 

procedures are superior to or equally as 

accurate as those specified in this 

paragraph (f)(2)(ii). 

(3) Natural gas test fuel shall be 

analyzed to determine the following fuel 

properties: 

(i) Fuel composition measured using 

ASTM D 1945–91 ‘‘Standard Test 

Method for Analysis of Natural Gas By 

Gas Chromatography’’ (incorporated by 

reference at § 600.011–93). 

(ii) Specific gravity measured as based 

on fuel composition per ASTM D 1945– 

91 ‘‘Standard Test Method for Analysis 

of Natural Gas by Gas Chromatography’’ 

(incorporated by reference at § 600.011– 

93). 

(iii) Carbon weight fraction, based on 

the carbon contained only in the 

hydrocarbon constituents of the fuel. 

This equals the weight of carbon in the 

hydrocarbon constituents divided by the 

total weight of fuel. 

(iv) Carbon weight fraction of the fuel, 

which equals the total weight of carbon 

in the fuel (i.e, includes carbon 

contained in hydrocarbons and in CO2) 

divided by the total weight of fuel. 

(4) Ethanol test fuel shall be analyzed 

to determine the following fuel 

properties: 

(i) Specific gravity using either: 

(A) ASTM D 1298–85 (Reapproved 

1990) ‘‘Standard Practice for Density, 

Relative Density (Specific Gravity), or 

API Gravity of Crude Petroleum and 

Liquid Petroleum Products by 

Hydrometer Method’’ (incorporated by 

reference at § 600.011–93) for the blend. 

or: 

(B) ASTM D 1298–85 (Reapproved 

1990) ‘‘Standard Practice for Density, 

Relative Density (Specific Gravity), or 

API Gravity of Crude Petroleum and 

Liquid Petroleum Products by 

Hydrometer Method’’ (incorporated by 

reference at § 600.011–93) for the 

gasoline fuel component and also for the 

methanol fuel component and 

combining as follows. 

SG = SGg × volume fraction gasoline + 

SGm × volume fraction ethanol. 

(ii)(A) Carbon weight fraction using 

the following equation: 

CWF = CWFg × MFg + 0.521 × MFe 

Where: 

CWFg = Carbon weight fraction of gasoline 

portion of blend measured using ASTM 

D 3343–90 ‘‘Standard Test Method for 

Estimation of Hydrogen Content of 

Aviation Fuels’’ (incorporated by 

reference at § 600.011–93). 

MFg = Mass fraction gasoline = (G × SGg)/ 

(G × SGg + E × SGm) 

MFe = Mass fraction ethanol = (E × SGm)/(G 

× SGg + E × SGm) 

Where: 

G = Volume fraction gasoline. 

E = Volume fraction ethanol. 

SGg = Specific gravity of gasoline as 

measured using ASTM D 1298–85 

(Reapproved 1990) ‘‘Standard Practice 

for Density, Relative Density (Specific 

Gravity), or API Gravity of Crude 

Petroleum and Liquid Petroleum 

Products by Hydrometer Method’’ 

(incorporated by reference at § 600.011– 

93). 

SGm = Specific gravity of ethanol as 

measured using ASTM D 1298–85 

(Reapproved 1990) ‘‘Standard Practice 

for Density, Relative Density (Specific 

Gravity), or API Gravity of Crude 

Petroleum and Liquid Petroleum 

Products by Hydrometer Method’’ 

(incorporated by reference at § 600.011– 

93). 

mstockstill on DSKB9S0YB1PROD with RULES2

25706 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 

(B) Upon the approval of the 

Administrator, other procedures to 

measure the carbon weight fraction of 

the fuel blend may be used if the 

manufacturer can show that the 

procedures are superior to or equally as 

accurate as those specified in this 

paragraph (f)(2)(ii). 

(g) Calculate separate FTP, highway, 

US06, SC03 and Cold temperature FTP 

fuel economy and carbon-related 

exhaust emissions from the grams/mile 

values for total HC, CO, CO2 and, where 

applicable, CH3OH, C2H5OH, C2H4O, 

HCHO, NMHC, N2O, and CH4, and the 

test fuel’s specific gravity, carbon 

weight fraction, net heating value, and 

additionally for natural gas, the test 

fuel’s composition. 

(1) Emission values for fuel economy 

calculations. The emission values 

(obtained per paragraph (a) through (e) 

of this section, as applicable) used in 

the calculations of fuel economy in this 

section shall be rounded in accordance 

with §§ 86.094–26(a)(6)(iii) or 86.1837– 

01 of this chapter as applicable. The 

CO2 values (obtained per this section, as 

applicable) used in each calculation of 

fuel economy in this section shall be 

rounded to the nearest gram/mile. 

(2) Emission values for carbon-related 

exhaust emission calculations. 

(i) If the emission values (obtained per 

paragraph (a) through (e) of this section, 

as applicable) were obtained from 

testing with aged exhaust emission 

control components as allowed under 

§ 86.1823–08 of this chapter, then these 

test values shall be used in the 

calculations of carbon-related exhaust 

emissions in this section. 

(ii) If the emission values (obtained 

per paragraph (a) through (e) of this 

section, as applicable) were not 

obtained from testing with aged exhaust 

emission control components as 

allowed under § 86.1823–08 of this 

chapter, then these test values shall be 

adjusted by the appropriate 

deterioration factor determined 

according to § 86.1823–08 of this 

chapter before being used in the 

calculations of carbon-related exhaust 

emissions in this section. For vehicles 

within a test group, the appropriate 

NMOG deterioration factor may be used 

in lieu of the deterioration factors for 

CH3OH, C2H5OH, and/or C2H4O 

emissions. 

(iii) The emission values determined 

in paragraph (g)(2)(A) or (B) of this 

section shall be rounded in accordance 

with § 86.094–26(a)(6)(iii) or § 86.1837– 

01 of this chapter as applicable. The 

CO2 values (obtained per this section, as 

applicable) used in each calculation of 

carbon-related exhaust emissions in this 

section shall be rounded to the nearest 

gram/mile. 

(iv) For manufacturers complying 

with the fleet averaging option for N2O 

and CH4 as allowed under § 86.1818– 

12(f)(2) of this chapter, N2O and CH4

emission values for use in the 

calculation of carbon-related exhaust 

emissions in this section shall be the 

values determined according to 

paragraph (g)(2)(iv)(A), (B), or (C) of this 

section. 

(A) The FTP and HFET test values as 

determined for the emission data 

vehicle according to the provisions of 

§ 86.1835–01 of this chapter. These 

values shall apply to all vehicles tested 

under this section that are included in 

the test group represented by the 

emission data vehicle and shall be 

adjusted by the appropriate 

deterioration factor determined 

according to § 86.1823–08 of this 

chapter before being used in the 

calculations of carbon-related exhaust 

emissions in this section. 

(B) The FTP and HFET test values as 

determined according to testing 

conducted under the provisions of this 

subpart. These values shall be adjusted 

by the appropriate deterioration factor 

determined according to § 86.1823–08 of 

this chapter before being used in the 

calculations of carbon-related exhaust 

emissions in this section. 

(C) For the 2012 through 2014 model 

years only, manufacturers may use an 

assigned value of 0.010 g/mi for N2O 

FTP and HFET test values. This value is 

not required to be adjusted by a 

deterioration factor. 

(3) The specific gravity and the carbon 

weight fraction (obtained per paragraph 

(f) of this section) shall be recorded 

using three places to the right of the 

decimal point. The net heating value 

(obtained per paragraph (f) of this 

section) shall be recorded to the nearest 

whole Btu/lb. 

(4) For the purpose of determining the 

applicable in-use emission standard 

under § 86.1818–12(d) of this chapter, 

the combined city/highway carbonrelated exhaust emission value for a 

vehicle subconfiguration is calculated 

by arithmetically averaging the FTPbased city and HFET-based highway 

carbon-related exhaust emission values, 

as determined in § 600.113(a) and (b) of 

this section for the subconfiguration, 

weighted 0.55 and 0.45 respectively, 

and rounded to the nearest tenth of a 

gram per mile. 

(h)(1) For gasoline-fueled automobiles 

tested on test fuel specified in § 86.113– 

04(a) of this chapter, the fuel economy 

in miles per gallon is to be calculated 

using the following equation and 

rounded to the nearest 0.1 miles per 

gallon: 

mpg = (5174 × 104 × CWF × SG)/[((CWF 

× HC) + (0.429 × CO) + (0.273 × 

CO2)) × ((0.6 × SG × NHV) + 5471)] 

Where: 

HC = Grams/mile HC as obtained in 

paragraph (g) of this section. 

CO = Grams/mile CO as obtained in 

paragraph (g) of this section. 

CO2 = Grams/mile CO2 as obtained in 

paragraph (g) of this section. 

CWF = Carbon weight fraction of test fuel as 

obtained in paragraph (g) of this section. 

NHV = Net heating value by mass of test fuel 

as obtained in paragraph (g) of this 

section. 

SG = Specific gravity of test fuel as obtained 

in paragraph (g) of this section. 

(2)(i) For 2012 and later model year 

gasoline-fueled automobiles tested on 

test fuel specified in § 86.113–04(a) of 

this chapter, the carbon-related exhaust 

emissions in grams per mile is to be 

calculated using the following equation 

and rounded to the nearest 1 gram per 

mile: 

CREE = (CWF/0.273 × HC) + (1.571 × 

CO) + CO2

Where: 

CREE means the carbon-related exhaust 

emissions as defined in § 600.002–08. 

HC = Grams/mile HC as obtained in 

paragraph (g) of this section. 

CO = Grams/mile CO as obtained in 

paragraph (g) of this section. 

CO2 = Grams/mile CO2 as obtained in 

paragraph (g) of this section. 

CWF = Carbon weight fraction of test fuel as 

obtained in paragraph (g) of this section. 

(ii) For manufacturers complying with 

the fleet averaging option for N2O and 

CH4 as allowed under § 86.1818–12(f)(2) 

of this chapter, the carbon-related 

exhaust emissions in grams per mile for 

2012 and later model year gasolinefueled automobiles tested on test fuel 

specified in § 86.113–04(a) of this 

chapter is to be calculated using the 

following equation and rounded to the 

nearest 1 gram per mile: 

CREE = [(CWF/0.273) × NMHC] + (1.571 

× CO) + CO2 + (298 × N2O) + (25 

× CH4) 

Where: 

CREE means the carbon-related exhaust 

emissions as defined in § 600.002–08. 

NMHC = Grams/mile NMHC as obtained in 

paragraph (g) of this section. 

CO = Grams/mile CO as obtained in 

paragraph (g) of this section. 

CO2 = Grams/mile CO2 as obtained in 

paragraph (g) of this section. 

N2O = Grams/mile N2O as obtained in 

paragraph (g) of this section. 

CH4 = Grams/mile CH4 as obtained in 

paragraph (g) of this section. 

CWF = Carbon weight fraction of test fuel as 

obtained in paragraph (g) of this section. 

mstockstill on DSKB9S0YB1PROD with RULES2

Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 25707 

(i)(1) For diesel-fueled automobiles, 

calculate the fuel economy in miles per 

gallon of diesel fuel by dividing 2778 by 

the sum of three terms and rounding the 

quotient to the nearest 0.1 mile per 

gallon: 

(i)(A) 0.866 multiplied by HC (in 

grams/miles as obtained in paragraph (g) 

of this section), or 

(B) Zero, in the case of cold FTP 

diesel tests for which HC was not 

collected, as permitted in § 600.113– 

08(c); 

(ii) 0.429 multiplied by CO (in grams/ 

mile as obtained in paragraph (g) of this 

section); and 

(iii) 0.273 multiplied by CO2 (in 

grams/mile as obtained in paragraph (g) 

of this section). 

(2)(i) For 2012 and later model year 

diesel-fueled automobiles, the carbonrelated exhaust emissions in grams per 

mile is to be calculated using the 

following equation and rounded to the 

nearest 1 gram per mile: 

CREE = (3.172 × HC) + (1.571 × CO) + 

CO2

Where: 

CREE means the carbon-related exhaust 

emissions as defined in § 600.002–08. 

HC = Grams/mile HC as obtained in 

paragraph (g) of this section. 

CO = Grams/mile CO as obtained in 

paragraph (g) of this section. 

CO2 = Grams/mile CO2 as obtained in 

paragraph (g) of this section. 

(ii) For manufacturers complying with 

the fleet averaging option for N2O and 

CH4 as allowed under § 86.1818–12(f)(2) 

of this chapter, the carbon-related 

exhaust emissions in grams per mile for 

2012 and later model year diesel-fueled 

automobiles is to be calculated using the 

following equation and rounded to the 

nearest 1 gram per mile: 

CREE = (3.172 × NMHC) + (1.571 × CO) 

+ CO2 + (298 × N2O) + (25 × CH4) 

Where: 

CREE means the carbon-related exhaust 

emissions as defined in § 600.002–08. 

NMHC = Grams/mile NMHC as obtained in 

paragraph (g) of this section. 

CO = Grams/mile CO as obtained in 

paragraph (g) of this section. 

CO2 = Grams/mile CO2 as obtained in 

paragraph (g) of this section. 

N2O = Grams/mile N2O as obtained in 

paragraph (g) of this section. 

CH4 = Grams/mile CH4 as obtained in 

paragraph (g) of this section. 

(j)(1) For methanol-fueled 

automobiles and automobiles designed 

to operate on mixtures of gasoline and 

methanol, the fuel economy in miles per 

gallon is to be calculated using the 

following equation: 

mpg = (CWF × SG × 3781.8)/((CWFexHC

× HC) + (0.429 × CO) + (0.273 × 

CO2) + (0.375 × CH3OH) + (0.400 × 

HCHO)) 

Where: 

CWF = Carbon weight fraction of the fuel as 

determined in paragraph (f)(2)(ii) of this 

section. 

SG = Specific gravity of the fuel as 

determined in paragraph (f)(2)(i) of this 

section. 

CWFexHC = Carbon weight fraction of exhaust 

hydrocarbons = CWFg as determined in 

paragraph (f)(2)(ii) of this section (for 

M100 fuel, CWFexHC = 0.866). 

HC = Grams/mile HC as obtained in 

paragraph (g) of this section. 

CO = Grams/mile CO as obtained in 

paragraph (g) of this section. 

CO2 = Grams/mile CO2 as obtained in 

paragraph (g) of this section. 

CH3OH = Grams/mile CH3OH (methanol) as 

obtained in paragraph (d) of this section. 

HCHO = Grams/mile HCHO (formaldehyde) 

as obtained in paragraph (g) of this 

section. 

(2)(i) For 2012 and later model year 

methanol-fueled automobiles and 

automobiles designed to operate on 

mixtures of gasoline and methanol, the 

carbon-related exhaust emissions in 

grams per mile is to be calculated using 

the following equation and rounded to 

the nearest 1 gram per mile: 

CREE = (CWFexHC/0.273 × HC) + (1.571 

× CO) + (1.374 × CH3OH) + (1.466 

× HCHO) + CO2

Where: 

CREE means the carbon-related exhaust 

emission value as defined in § 600.002– 

08. 

CWFexHC = Carbon weight fraction of exhaust 

hydrocarbons = CWFg as determined in 

(f)(2)(ii) of this section (for M100 fuel, 

CWFexHC = 0.866). 

HC = Grams/mile HC as obtained in 

paragraph (g) of this section. 

CO = Grams/mile CO as obtained in 

paragraph (g) of this section. 

CO2 = Grams/mile CO2 as obtained in 

paragraph (g) of this section. 

CH3OH = Grams/mile CH3OH (methanol) as 

obtained in paragraph (d) of this section. 

HCHO = Grams/mile HCHO (formaldehyde) 

as obtained in paragraph (g) of this 

section. 

(ii) For manufacturers complying with 

the fleet averaging option for N2O and 

CH4 as allowed under § 86.1818–12(f)(2) 

of this chapter, the carbon-related 

exhaust emissions in grams per mile for 

2012 and later model year methanolfueled automobiles and automobiles 

designed to operate on mixtures of 

gasoline and methanol is to be 

calculated using the following equation 

and rounded to the nearest 1 gram per 

mile: 

CREE = [(CWFexHC/0.273) × NMHC] + 

(1.571 × CO) + (1.374 × CH3OH) + 

(1.466 × HCHO) + CO2 + (298 × 

N2O) + (25 × CH4) 

Where: 

CREE means the carbon-related exhaust 

emission value as defined in § 600.002– 

08. 

CWFexHC = Carbon weight fraction of exhaust 

hydrocarbons = CWFg as determined in 

(f)(2)(ii) of this section (for M100 fuel, 

CWFexHC = 0.866). 

NMHC = Grams/mile HC as obtained in 

paragraph (g) of this section. 

CO = Grams/mile CO as obtained in 

paragraph (g) of this section. 

CO2 = Grams/mile CO2 as obtained in 

paragraph (g) of this section. 

CH3OH = Grams/mile CH3OH (methanol) as 

obtained in paragraph (d) of this section. 

HCHO = Grams/mile HCHO (formaldehyde) 

as obtained in paragraph (g) of this 

section. 

N2O = Grams/mile N2O as obtained in 

paragraph (g) of this section. 

CH4 = Grams/mile CH4 as obtained in 

paragraph (g) of this section. 

(k)(1) For automobiles fueled with 

natural gas, the fuel economy in miles 

per gallon of natural gas is to be 

calculated using the following equation: 

mpg

CWF D

CWF NMHC e

HC/NG NG

NMHC

= × ×

( ) × + × ( ) + ×

121 5

0 749 0 429 4

.

. (. CH CO) . + ×− ( ) 0 273 ( ) CO CO 2 2NG

Where: 

mpge = miles per equivalent gallon of natural 

gas. 

CWFHC/NG = carbon weight fraction based on 

the hydrocarbon constituents in the 

natural gas fuel as obtained in paragraph 

(g) of this section. 

DNG = density of the natural gas fuel [grams/ 

ft3 at 68 °F (20 °C) and 760 mm Hg (101.3 

kPa)] pressure as obtained in paragraph 

(g) of this section. 

CH4, NMHC, CO, and CO2 = weighted mass 

exhaust emissions [grams/mile] for 

methane, non-methane HC, carbon 

monoxide, and carbon dioxide as 

calculated in § 600.113. 

CWFNMHC = carbon weight fraction of the 

non-methane HC constituents in the fuel 

as determined from the speciated fuel 

composition per paragraph (f)(3) of this 

section. 


mstockstill on DSKB9S0YB1PROD with RULES2ER07MY10.051</MATH>
25708 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 

CO2NG = grams of carbon dioxide in the 

natural gas fuel consumed per mile of 

travel. 

CO2NG = FCNG × DNG × WFCO2

Where: 

FC CH CWF NMHC CO) 0.273 CO

CWF NG

4 NMHC 2

N

= ( ) 0 749 0 429 . (. × + × ( ) + ×+ × ( )

G NG × D

= cubic feet of natural gas fuel consumed per 

mile 

Where: 

CWFNG = the carbon weight fraction of the 

natural gas fuel as calculated in 

paragraph (f) of this section. 

WFCO2 = weight fraction carbon dioxide of 

the natural gas fuel calculated using the 

mole fractions and molecular weights of 

the natural gas fuel constituents per 

ASTM D 1945–91 ‘‘Standard Test 

Method for Analysis of Natural Gas by 

Gas Chromatography’’ (incorporated by 

reference at § 600.011–93). 

(2)(i) For automobiles fueled with 

natural gas, the carbon-related exhaust 

emissions in grams per mile is to be 

calculated for 2012 and later model year 

vehicles using the following equation 

and rounded to the nearest 1 gram per 

mile: 

CREE = 2.743 × CH4 + CWFNMHC/0.273 

× NMHC + 1.571 × CO + CO2

Where: 

CREE means the carbon-related exhaust 

emission value as defined in § 600.002– 

08. 

CH4 = Grams/mile CH4 as obtained in 

paragraph (g) of this section. 

NMHC = Grams/mile NMHC as obtained in 

paragraph (g) of this section. 

CO = Grams/mile CO as obtained in 

paragraph (g) of this section. 

CO2 = Grams/mile CO2 as obtained in 

paragraph (g) of this section. 

CWFNMHC = carbon weight fraction of the 

non-methane HC constituents in the fuel 

as determined from the speciated fuel 

composition per paragraph (f)(3) of this 

section. 

(ii) For manufacturers complying with 

the fleet averaging option for N2O and 

CH4 as allowed under § 86.1818–12(f)(2) 

of this chapter, the carbon-related 

exhaust emissions in grams per mile for 

2012 and later model year automobiles 

fueled with natural gas is to be 

calculated using the following equation 

and rounded to the nearest 1 gram per 

mile: 

CREE = (25 × CH4) + [(CWFNMHC/0.273) 

× NMHC] + (1.571 × CO) + CO2 + 

(298 × N2O) 

Where: 

CREE means the carbon-related exhaust 

emission value as defined in § 600.002– 

08. 

CH4 = Grams/mile CH4 as obtained in 

paragraph (g) of this section. 

NMHC = Grams/mile NMHC as obtained in 

paragraph (g) of this section. 

CO = Grams/mile CO as obtained in 

paragraph (g) of this section. 

CO2 = Grams/mile CO2 as obtained in 

paragraph (g) of this section. 

CWFNMHC = carbon weight fraction of the 

non-methane HC constituents in the fuel 

as determined from the speciated fuel 

composition per paragraph (f)(3) of this 

section. 

N2O = Grams/mile N2O as obtained in 

paragraph (g) of this section. 

(l)(1) For ethanol-fueled automobiles 

and automobiles designed to operate on 

mixtures of gasoline and ethanol, the 

fuel economy in miles per gallon is to 

be calculated using the following 

equation: 

mpg = (CWF × SG × 3781.8)/((CWFexHC

× HC) + (0.429 × CO) + (0.273 × 

CO2) + (0.375 × CH3OH) + (0.400 × 

HCHO) + (0.521 × C2H5OH) + (0.545 

× C2H4O)) 

Where: 

CWF = Carbon weight fraction of the fuel as 

determined in paragraph (f)(4) of this 

section. 

SG = Specific gravity of the fuel as 

determined in paragraph (f)(4) of this 

section. 

CWFexHC= Carbon weight fraction of exhaust 

hydrocarbons = CWFg as determined in 

(f)(4) of this section. 

HC = Grams/mile HC as obtained in 

paragraph (g) of this section. 

CO = Grams/mile CO as obtained in 

paragraph (g) of this section. 

CO2 = Grams/mile CO2 as obtained in 

paragraph (g) of this section. 

CH3OH = Grams/mile CH3OH (methanol) as 

obtained in paragraph (d) of this section. 

HCHO = Grams/mile HCHO (formaldehyde) 

as obtained in paragraph (g) of this 

section. 

C2H5OH = Grams/mile C2H5OH (ethanol) as 

obtained in paragraph (d) of this section. 

C2H4O = Grams/mile C2H4O (acetaldehyde) 

as obtained in paragraph (d) of this 

section. 

(2)(i) For 2012 and later model year 

ethanol-fueled automobiles and 

automobiles designed to operate on 

mixtures of gasoline and ethanol, the 

carbon-related exhaust emissions in 

grams per mile is to be calculated using 

the following equation and rounded to 

the nearest 1 gram per mile: 

CREE = (CWFexHC/0.273 × HC) + (1.571 

× CO) + (1.374 × CH3OH) + (1.466 

× HCHO) + (1.911 × C2H5OH) + 

(1.998 × C2H4O) + CO2

Where: 

CREE means the carbon-related exhaust 

emission value as defined in § 600.002– 

08. 

CWFexHC = Carbon weight fraction of exhaust 

hydrocarbons = CWFg as determined in 

(f)(4) of this section. 

HC = Grams/mile HC as obtained in 

paragraph (g) of this section. 

CO = Grams/mile CO as obtained in 

paragraph (g) of this section. 

CO2 = Grams/mile CO2 as obtained in 

paragraph (g) of this section. 

CH3OH = Grams/mile CH3OH (methanol) as 

obtained in paragraph (d) of this section. 

HCHO = Grams/mile HCHO (formaldehyde) 

as obtained in paragraph (g) of this 

section. 

C2H5OH = Grams/mile C2H5OH (ethanol) as 

obtained in paragraph (d) of this section. 

C2H4O = Grams/mile C2H4O (acetaldehyde) 

as obtained in paragraph (d) of this 

section. 

(ii) For manufacturers complying with 

the fleet averaging option for N2O and 

CH4 as allowed under § 86.1818–12(f)(2) 

of this chapter, the carbon-related 

exhaust emissions in grams per mile for 

2012 and later model year ethanolfueled automobiles and automobiles 

designed to operate on mixtures of 

gasoline and ethanol is to be calculated 

using the following equation and 

rounded to the nearest 1 gram per mile: 

CREE = [(CWFexHC/0.273) × NMHC] + 

(1.571 × CO) + (1.374 × CH3OH) + 

(1.466 × HCHO) + (1.911 × C2H5OH) 

+ (1.998 × C2H4O) + CO2 + (298 × 

N2O) + (25 × CH4) 

Where: 

CREE means the carbon-related exhaust 

emission value as defined in § 600.002– 

08. 

CWFexHC = Carbon weight fraction of exhaust 

hydrocarbons = CWFg as determined in 

paragraph (f)(4) of this section. 

NMHC = Grams/mile HC as obtained in 

paragraph (g) of this section. 

CO = Grams/mile CO as obtained in 

paragraph (g) of this section. 

CO2 = Grams/mile CO2 as obtained in 

paragraph (g) of this section. 

CH3OH = Grams/mile CH3OH (methanol) as 

obtained in paragraph (d) of this section. 

HCHO = Grams/mile HCHO (formaldehyde) 

as obtained in paragraph (g) of this 

section. 

C2H5OH = Grams/mile C2H5OH (ethanol) as 

obtained in paragraph (d) of this section. 

C2H4O = Grams/mile C2H4O (acetaldehyde) 

as obtained in paragraph (d) of this 

section. 

N2O = Grams/mile N2O as obtained in 

paragraph (g) of this section. 


mstockstill on DSKB9S0YB1PROD with RULES2ER07MY10.052</MATH>
Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 25709 

CH4 = Grams/mile CH4 as obtained in 

paragraph (g) of this section. 

(m) Carbon-related exhaust emissions 

for electric vehicles, fuel cell vehicles 

and plug-in hybrid electric vehicles. 

Manufacturers shall determine carbonrelated exhaust emissions for electric 

vehicles, fuel cell vehicles, and plug-in 

hybrid electric vehicles according to the 

provisions of this paragraph (m). Subject 

to the limitations described in 

§ 86.1866–12(a) of this chapter, the 

manufacturer may be allowed to use a 

value of 0 grams/mile to represent the 

emissions of fuel cell vehicles and the 

proportion of electric operation of 

electric vehicles and plug-in hybrid 

electric vehicles that is derived from 

electricity that is generated from sources 

that are not onboard the vehicle, as 

described in paragraphs (m)(1) through 

(3) of this section. 

(1) For 2012 and later model year 

electric vehicles, but not including fuel 

cell vehicles, the carbon-related exhaust 

emissions in grams per mile is to be 

calculated using the following equation 

and rounded to the nearest one gram per 

mile: 

CREE = CREEUP¥CREEGAS

Where: 

CREE means the carbon-related exhaust 

emission value as defined in § 600.002– 

08, which may be set equal to zero for 

eligible 2012 through 2016 model year 

electric vehicles as described in 

§ 86.1866–12(a) of this chapter. 

CREEUP = 0.7670 × EC, and 

CREEGAS = 0.2485 × TargetCO2, 

Where: 

EC = The vehicle energy consumption in 

watt-hours per mile, determined 

according to procedures established by 

the Administrator under § 600.111–08(f). 

TargetCO2 = The CO2 Target Value 

determined according to § 86.1818– 

12(c)(2) of this chapter for passenger 

automobiles and according to § 86.1818– 

12(c)(3) of this chapter for light trucks. 

(2) For 2012 and later model year 

plug-in hybrid electric vehicles, the 

carbon-related exhaust emissions in 

grams per mile is to be calculated using 

the following equation and rounded to 

the nearest one gram per mile: 

CREE = CREECD + CREECS, 

Where: 

CREE means the carbon-related exhaust 

emission value as defined in § 600.002– 

08. 

CREECS = The carbon-related exhaust 

emissions determined for chargesustaining operation according to 

procedures established by the 

Administrator under § 600.111–08(f); 

and 

CREECD = (ECF × CREECDEC) + [(1 – ECF) × 

CREECDGAS] 

Where: 

CREECD = The carbon-related exhaust 

emissions determined for chargedepleting operation determined 

according to the provisions of this 

section for the applicable fuel and 

according to procedures established by 

the Administrator under § 600.111–08(f); 

CREECDEC = The carbon-related exhaust 

emissions determined for electricity 

consumption during charge-depleting 

operation, which shall be determined 

using the method specified in paragraph 

(m)(1) of this section and according to 

procedures established by the 

Administrator under § 600.111–08(f), 

and which may be set equal to zero for 

eligible 2012 through 2016 model year 

vehicles as described in § 86.1866–12(a) 

of this chapter; 

CREECDGAS = The carbon-related exhaust 

emissions determined for chargedepleting operation determined 

according to the provisions of this 

section for the applicable fuel and 

according to procedures established by 

the Administrator under § 600.111–08(f); 

and 

ECF = Electricity consumption factor as 

determined by the Administrator under 

§ 600.111–08(f). 

(3) For 2012 and later model year fuel 

cell vehicles, the carbon-related exhaust 

emissions in grams per mile shall be 

calculated using the method specified in 

paragraph (m)(1) of this section, except 

that CREEUP shall be determined 

according to procedures established by 

the Administrator under § 600.111– 

08(f). As described in § 86.1866–12(a) of 

this chapter the value of CREE may be 

set equal to zero for eligible 2012 

through 2016 model year fuel cell 

vehicles. 

(n) Equations for fuels other than 

those specified in paragraphs (h) 

through (l) of this section may be used 

with advance EPA approval. Alternate 

calculation methods for fuel economy 

and carbon-related exhaust emissions 

may be used in lieu of the methods 

described in this section if shown to 

yield equivalent or superior results and 

if approved in advance by the 

Administrator. 

■ 44. Section 600.114–08 is amended as 

follows: 

■ a. By revising the section heading. 

■ b. By revising the introductory text. 

■ c. By adding paragraphs (d) through 

(f). 

§ 600.114–08 Vehicle-specific 5-cycle fuel 

economy and carbon-related exhaust 

emission calculations. 

Paragraphs (a) through (c) of this 

section apply to data used for fuel 

economy labeling under Subpart D of 

this part. Paragraphs (d) through (f) of 

this section are used to calculate 5-cycle 

carbon-related exhaust emissions values 

for the purpose of determining optional 

technology-based CO2 emissions credits 

under the provisions of paragraph (d) of 

§ 86.1866–12 of this chapter. 

* * * * * 

(d) City carbon-related exhaust 

emission value. For each vehicle tested, 

determine the 5-cycle city carbonrelated exhaust emissions using the 

following equation: 

(1) CityCREE = 0.905 × (StartCREE + 

RunningCREE) 

Where: 

(i) StartCREE = 

0 33

0 76 0 24

4 1 . . .. ×

⎛( ) × +×

⎝

⎜

⎜

⎞

⎠

⎟

⎟

StartCREE StartCREE 75 20

Where: 

StartCREEX = 3.6 × (Bag1CREEX ¥ 

Bag3CREEX) 

Where: 

Bag Y CREEX = the carbon-related exhaust 

emissions in grams per mile during the 

specified bag of the FTP test conducted 

at an ambient temperature of 75 °F or 20 

°F. 

(ii) Running CREE = 

0.82 × [(0.48 × Bag275CREE) + (0.41 × 

BAG375CREE) + (0.11× US06 CityCREE)] 

+ 

0.18 × [(0.5 × Bag220CREE) + (0.5 × 

Bag320CREE)] + 

0.144 × [SC03 CREE ¥ ((0.61 × Bag375CREE) 

+ (0.39 × Bag275CREE))] 

Where: 

BagYXCREE = carbon-related exhaust 

emissions in grams per mile over Bag Y 

at temperature X. 

US06 City CREE = carbon-related exhaust 

emissions in grams per mile over the 

‘‘city’’ portion of the US06 test. 

SC03 CREE = carbon-related exhaust 

emissions in grams per mile over the 

SC03 test. 

(e) Highway carbon-related exhaust 

emissions. For each vehicle tested, 

determine the 5-cycle highway carbonrelated exhaust emissions using the 

following equation: 


mstockstill on DSKB9S0YB1PROD with RULES2ER07MY10.053</MATH>
25710 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 

HighwayCREE = 0.905 × (StartCREE + 

RunningCREE) 

Where: 

(1) StartCREE = 

0 33

0 76 0 24

60 . . . ×

⎛( ) × +×

⎝

⎜

⎜

⎞

⎠

⎟

⎟

StartCREE StartCREE 75 20

Where: 

StartCREEX = 3.6 × (BagCREEX ¥ 

Bag3CREEX) 

(2) Running CREE = 

1.007 × [(0.79 × US06 Highway CREE) + (0.21 

× HFET CREE)] + 0.045 × [SC03 CREE ¥ 

((0.61 × Bag375CREE) + (0.39 × 

Bag275CREE))] 

Where: 

BagYXCREE = carbon-related exhaust 

emissions in grams per mile over Bag Y 

at temperature X, 

US06 Highway CREE = carbon-related 

exhaust emissions in grams per mile over 

the highway portion of the US06 test, 

HFET CREE = carbon-related exhaust 

emissions in grams per mile over the 

HFET test, 

SC03 CREE = carbon-related exhaust 

emissions in grams per mile over the 

SC03 test. 

(f) Carbon-related exhaust emissions 

calculations for hybrid electric vehicles. 

Hybrid electric vehicles shall be tested 

according to California test methods 

which require FTP emission sampling 

for the 75 °F FTP test over four phases 

(bags) of the UDDS (cold-start, transient, 

warm-start, transient). Optionally, these 

four phases may be combined into two 

phases (phases 1 + 2 and phases 3 + 4). 

Calculations for these sampling methods 

follow. 

(1) Four-bag FTP equations. If the 

4-bag sampling method is used, 

manufacturers may use the equations in 

paragraphs (a) and (b) of this section to 

determine city and highway carbonrelated exhaust emissions values. If this 

method is chosen, it must be used to 

determine both city and highway 

carbon-related exhaust emissions. 

Optionally, the following calculations 

may be used, provided that they are 

used to determine both city and 

highway carbon-related exhaust 

emissions values: 

(i) City carbon-related exhaust 

emissions. 

CityCREE = 0.905 × (StartCREE + 

RunningCREE) 

Where: 

(A) StartCREE = 

0 33

0 76 0 24

4 1 . . .. ×

⎛( ) × +×

⎝

⎜

⎜

⎞

⎠

⎟

⎟

StartCREE StartCREE 75 20

Where: 

(1) StartCREE75 = 

3.6 × (Bag1CREE75 ¥ Bag3CREE75) + 3.9 × 

(Bag2CREE75 ¥ Bag4CREE75) 

and 

(2) StartCREE20 = 

3.6 × (Bag1CREE20 ¥ Bag3CREE20) 

(B) RunningCREE = 

0.82 × [(0.48 × Bag475CREE) + (0.41 × 

Bag375CREE) + (0.11 × US06 City CREE)] 

+ 0.18 × [(0.5 × Bag220CREE) + (0.5 × 

Bag320CREE)] + 0.144 × [SC03 CREE ¥ 

((0.61 × Bag375CREE) + (0.39 × 

Bag475CREE))] 

Where: 

US06 Highway CREE = carbon-related 

exhaust emissions in grams per mile over 

the city portion of the US06 test. 

US06 Highway CREE = carbon-related 

exhaust emissions in miles per gallon 

over the Highway portion of the US06 

test. 

HFET CREE = carbon-related exhaust 

emissions in grams per mile over the 

HFET test. 

SC03 CREE = carbon-related exhaust 

emissions in grams per mile over the 

SC03 test. 

(ii) Highway carbon-related exhaust 

emissions. 

HighwayCREE = 0.905 × (StartCREE + 

RunningCREE) 

Where: 

(A) StartCREE = 

0 33

0 76 0 24

60 . . . ×

⎛( ) × +×

⎝

⎜

⎜

⎞

⎠

⎟

⎟

StartCREE StartCREE 75 20

Where: 

StartCREE75 = 3.6 × (Bag1CREE75 ¥ 

Bag3CREE75) + 3.9 × (Bag2CREE75 ¥ 

Bag4CREE75) 

and 

StartCREE20 = 3.6 × (Bag1CREE20 ¥ 

Bag3CREE20) 

(B) RunningCREE = 

1.007 × [(0.79 × US06 Highway CREE) + (0.21 

× HFET CREE)] + 0.045 × [SC03 CREE ¥ 

((0.61 × Bag375CREE) + (0.39 × 

Bag475CREE))] 

Where: 

US06 Highway CREE = carbon-related 

exhaust emissions in grams per mile over 

the Highway portion of the US06 test, 

HFET CREE = carbon-related exhaust 

emissions in grams per mile over the 

HFET test, 

SC03 CREE = carbon-related exhaust 

emissions in grams per mile over the 

SC03 test. 

(2) Two-bag FTP equations. If the 2- 

bag sampling method is used for the 

75 °F FTP test, it must be used to 

determine both city and highway 

carbon-related exhaust emissions. The 

following calculations must be used to 

determine both city and highway 

carbon-related exhaust emissions: 

(i) City carbon-related exhaust 

emissions. 

CityCREE = 0.905 × (StartCREE + 

RunningCREE) 

Where: 

(A) StartCREE = 


mstockstill on DSKB9S0YB1PROD with RULES2ER07MY10.054</MATH> ER07MY10.055</MATH> ER07MY10.056</MATH>
Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 25711 

0 33

0 76 0 24

4 1 . . .. ×

⎛( ) × +×

⎝

⎜

⎜

⎞

⎠

⎟

⎟

StartCREE StartCREE 75 20

Where: 

Start CREE75 = 3.6 × (Bag 1⁄2 CREE75 ¥ Bag 3⁄4 CREE75) 

and 

Start CREE20 = 3.6 × (Bag1CREE20 ¥ 

Bag3CREE20) 

Where: 

Bag Y FE20 = the carbon-related exhaust 

emissions in grams per mile of fuel 

during Bag 1 or Bag 3 of the 20 °F FTP 

test, and 

Bag X/Y FE75 = carbon-related exhaust 

emissions in grams per mile of fuel 

during combined phases 1 and 2 or 

phases 3 and 4 of the FTP test conducted 

at an ambient temperature of 75 °F. 

(B) RunningCREE = 

0.82 × [(0.90 × Bag3⁄475CREE) + (0.10 × US06 

City CREE)] + 0.18 × [(0.5 × Bag220CREE) 

+ (0.5 × Bag320CREE)] + 0.144 × [SC03 

CREE ¥ (Bag3⁄475CREE)] 

Where: 

US06 City CREE = carbon-related exhaust 

emissions in grams per mile over the city 

portion of the US06 test, and 

SC03 CREE = carbon-related exhaust 

emissions in grams per mile over the 

SC03 test, and 

Bag X/Y FE75 = carbon-related exhaust 

emissions in grams per mile of fuel 

during combined phases 1 and 2 or 

phases 3 and 4 of the FTP test conducted 

at an ambient temperature of 75 °F. 

(ii) Highway carbon-related exhaust 

emissions. 

HighwayCREE = 0.905 × (StartCREE + 

RunningCREE) 

Where: 

(A) StartCREE = 

0 33

0 76 0 24

60 . . . ×

⎛( ) × +×

⎝

⎜

⎜

⎞

⎠

⎟

⎟

StartCREE StartCREE 75 20

Where: 

Start CREE75 = 7.5 × (Bag1⁄2CREE75 ¥ 

Bag3⁄4CREE75) 

and 

Start CREE20 = 3.6 × (Bag1CREE20 ¥ 

Bag3CREE20) 

(B) RunningCREE = 

1.007 × [(0.79 × US06 Highway CREE) + (0.21 

× HFET CREE)] + 0.045 × [SC03 CREE ¥ 

Bag3⁄475CREE] 

Where: 

US06 Highway CREE = carbon-related 

exhaust emissions in grams per mile over 

the city portion of the US06 test, and 

SC03 CREE = carbon-related exhaust 

emissions in gram per mile over the 

SC03 test, and 

Bag Y FE20 = the carbon-related exhaust 

emissions in grams per mile of fuel 

during Bag 1 or Bag 3 of the 20 °F FTP 

test, and 

Bag X/Y FE75 = carbon-related exhaust 

emissions in grams per mile of fuel 

during phases 1 and 2 or phases 3 and 

4 of the FTP test conducted at an 

ambient temperature of 75 °F. 

Subpart C—Procedures for Calculating 

Fuel Economy and Carbon-Related 

Exhaust Emission Values for 1977 and 

Later Model Year Automobiles 

■ 45. The heading for subpart C is 

revised as set forth above. 

■ 46. A new § 600.201–12 is added to 

subpart C to read as follows: 

§ 600.201–12 General applicability. 

The provisions of this subpart are 

applicable to 2012 and later model year 

automobiles and to the manufacturers of 

2012 and later model year automobiles. 

■ 47. A new § 600.206–12 is added to 

subpart C to read as follows: 

§ 600.206–12 Calculation and use of FTPbased and HFET-based fuel economy and 

carbon-related exhaust emission values for 

vehicle configurations. 

(a) Fuel economy and carbon-related 

exhaust emissions values determined 

for each vehicle under § 600.113(a) and 

(b) and as approved in § 600.008–08(c), 

are used to determine FTP-based city, 

HFET-based highway, and combined 

FTP/Highway-based fuel economy and 

carbon-related exhaust emission values 

for each vehicle configuration for which 

data are available. 

(1) If only one set of FTP-based city 

and HFET-based highway fuel economy 

values is accepted for a vehicle 

configuration, these values, rounded to 

the nearest tenth of a mile per gallon, 

comprise the city and highway fuel 

economy values for that configuration. If 

only one set of FTP-based city and 

HFET-based highway carbon-related 

exhaust emission values is accepted for 

a vehicle configuration, these values, 

rounded to the nearest gram per mile, 

comprise the city and highway carbonrelated exhaust emission values for that 

configuration. 

(2) If more than one set of FTP-based 

city and HFET-based highway fuel 

economy and/or carbon-related exhaust 

emission values are accepted for a 

vehicle configuration: 

(i) All data shall be grouped according 

to the subconfiguration for which the 

data were generated using sales 

projections supplied in accordance with 

§ 600.208–12(a)(3). 

(ii) Within each group of data, all fuel 

economy values are harmonically 

averaged and rounded to the nearest 

0.0001 of a mile per gallon and all 

carbon-related exhaust emission values 

are arithmetically averaged and rounded 

to the nearest tenth of a gram per mile 

in order to determine FTP-based city 

and HFET-based highway fuel economy 

and carbon-related exhaust emission 

values for each subconfiguration at 

which the vehicle configuration was 

tested. 

(iii) All FTP-based city fuel economy 

and carbon-related exhaust emission 

values and all HFET-based highway fuel 

economy and carbon-related exhaust 

emission values calculated in paragraph 

(a)(2)(ii) of this section are (separately 

for city and highway) averaged in 

proportion to the sales fraction (rounded 

to the nearest 0.0001) within the vehicle 

configuration (as provided to the 

Administrator by the manufacturer) of 

vehicles of each tested subconfiguration. 

Fuel economy values shall be 

harmonically averaged and carbonrelated exhaust emission values shall be 

arithmetically averaged. The resultant 

fuel economy values, rounded to the 

nearest 0.0001 mile per gallon, are the 

FTP-based city and HFET-based 

highway fuel economy values for the 

vehicle configuration. The resultant 

carbon-related exhaust emission values, 

rounded to the nearest tenth of a gram 

per mile, are the FTP-based city and 

HFET-based highway carbon-related 

exhaust emission values for the vehicle 

configuration. 

(3)(i) For the purpose of determining 

average fuel economy under § 600.510– 

08, the combined fuel economy value 

for a vehicle configuration is calculated 

by harmonically averaging the FTPbased city and HFET-based highway 

fuel economy values, as determined in 

paragraph (a)(1) or (2) of this section, 


mstockstill on DSKB9S0YB1PROD with RULES2ER07MY10.057</MATH> ER07MY10.058</MATH>
25712 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 

weighted 0.55 and 0.45 respectively, 

and rounded to the nearest 0.0001 mile 

per gallon. A sample of this calculation 

appears in Appendix II of this part. 

(ii) For the purpose of determining 

average carbon-related exhaust 

emissions under § 600.510–08, the 

combined carbon-related exhaust 

emission value for a vehicle 

configuration is calculated by 

arithmetically averaging the FTP-based 

city and HFET-based highway carbonrelated exhaust emission values, as 

determined in paragraph (a)(1) or (2) of 

this section, weighted 0.55 and 0.45 

respectively, and rounded to the nearest 

tenth of gram per mile. 

(4) For alcohol dual fuel automobiles 

and natural gas dual fuel automobiles 

the procedures of paragraphs (a)(1) or 

(2) of this section, as applicable, shall be 

used to calculate two separate sets of 

FTP-based city, HFET-based highway, 

and combined fuel economy and 

carbon-related exhaust emission values 

for each configuration. 

(i) Calculate the city, highway, and 

combined fuel economy and carbonrelated exhaust emission values from 

the tests performed using gasoline or 

diesel test fuel. 

(ii) Calculate the city, highway, and 

combined fuel economy and carbonrelated exhaust emission values from 

the tests performed using alcohol or 

natural gas test fuel. 

(b) If only one equivalent petroleumbased fuel economy value exists for an 

electric vehicle configuration, that 

value, rounded to the nearest tenth of a 

mile per gallon, will comprise the 

petroleum-based fuel economy for that 

configuration. 

(c) If more than one equivalent 

petroleum-based fuel economy value 

exists for an electric vehicle 

configuration, all values for that vehicle 

configuration are harmonically averaged 

and rounded to the nearest 0.0001 mile 

per gallon for that configuration. 

■ 48. A new § 600.208–12 is added to 

subpart C to read as follows: 

§ 600.208–12 Calculation of FTP-based 

and HFET-based fuel economy and carbonrelated exhaust emission values for a model 

type. 

(a) Fuel economy and carbon-related 

exhaust emission values for a base level 

are calculated from vehicle 

configuration fuel economy and carbonrelated exhaust emission values as 

determined in § 600.206–12(a), (b), or (c) 

as applicable, for low-altitude tests. 

(1) If the Administrator determines 

that automobiles intended for sale in the 

State of California are likely to exhibit 

significant differences in fuel economy 

and carbon-related exhaust emission 

values from those intended for sale in 

other states, she will calculate fuel 

economy and carbon-related exhaust 

emission values for each base level for 

vehicles intended for sale in California 

and for each base level for vehicles 

intended for sale in the rest of the states. 

(2) In order to highlight the fuel 

efficiency and carbon-related exhaust 

emission values of certain designs 

otherwise included within a model 

type, a manufacturer may wish to 

subdivide a model type into one or more 

additional model types. This is 

accomplished by separating 

subconfigurations from an existing base 

level and placing them into a new base 

level. The new base level is identical to 

the existing base level except that it 

shall be considered, for the purposes of 

this paragraph, as containing a new 

basic engine. The manufacturer will be 

permitted to designate such new basic 

engines and base level(s) if: 

(i) Each additional model type 

resulting from division of another model 

type has a unique car line name and that 

name appears on the label and on the 

vehicle bearing that label; 

(ii) The subconfigurations included in 

the new base levels are not included in 

any other base level which differs only 

by basic engine (i.e., they are not 

included in the calculation of the 

original base level fuel economy values); 

and 

(iii) All subconfigurations within the 

new base level are represented by test 

data in accordance with § 600.010– 

08(c)(1)(ii). 

(3) The manufacturer shall supply 

total model year sales projections for 

each car line/vehicle subconfiguration 

combination. 

(i) Sales projections must be supplied 

separately for each car line-vehicle 

subconfiguration intended for sale in 

California and each car line/vehicle 

subconfiguration intended for sale in 

the rest of the states if required by the 

Administrator under paragraph (a)(1) of 

this section. 

(ii) Manufacturers shall update sales 

projections at the time any model type 

value is calculated for a label value. 

(iii) The provisions of paragraph (a)(3) 

of this section may be satisfied by 

providing an amended application for 

certification, as described in § 86.1844– 

01 of this chapter. 

(4) Vehicle configuration fuel 

economy and carbon-related exhaust 

emission values, as determined in 

§ 600.206–12 (a), (b) or (c), as 

applicable, are grouped according to 

base level. 

(i) If only one vehicle configuration 

within a base level has been tested, the 

fuel economy and carbon-related 

exhaust emission values from that 

vehicle configuration will constitute the 

fuel economy and carbon-related 

exhaust emission values for that base 

level. 

(ii) If more than one vehicle 

configuration within a base level has 

been tested, the vehicle configuration 

fuel economy values are harmonically 

averaged in proportion to the respective 

sales fraction (rounded to the nearest 

0.0001) of each vehicle configuration 

and the resultant fuel economy value 

rounded to the nearest 0.0001 mile per 

gallon; and the vehicle configuration 

carbon-related exhaust emission values 

are arithmetically averaged in 

proportion to the respective sales 

fraction (rounded to the nearest 0.0001) 

of each vehicle configuration and the 

resultant carbon-related exhaust 

emission value rounded to the nearest 

gram per mile. 

(5) The procedure specified in 

paragraph (a)(1) through (4) of this 

section will be repeated for each base 

level, thus establishing city, highway, 

and combined fuel economy and 

carbon-related exhaust emission values 

for each base level. 

(6) For the purposes of calculating a 

base level fuel economy or carbonrelated exhaust emission value, if the 

only vehicle configuration(s) within the 

base level are vehicle configuration(s) 

which are intended for sale at high 

altitude, the Administrator may use fuel 

economy and carbon-related exhaust 

emission data from tests conducted on 

these vehicle configuration(s) at high 

altitude to calculate the fuel economy or 

carbon-related exhaust emission value 

for the base level. 

(7) For alcohol dual fuel automobiles 

and natural gas dual fuel automobiles, 

the procedures of paragraphs (a)(1) 

through (6) of this section shall be used 

to calculate two separate sets of city, 

highway, and combined fuel economy 

and carbon-related exhaust emission 

values for each base level. 

(i) Calculate the city, highway, and 

combined fuel economy and carbonrelated exhaust emission values from 

the tests performed using gasoline or 

diesel test fuel. 

(ii) Calculate the city, highway, and 

combined fuel economy and carbonrelated exhaust emission values from 

the tests performed using alcohol or 

natural gas test fuel. 

(b) For each model type, as 

determined by the Administrator, a city, 

highway, and combined fuel economy 

value and a carbon-related exhaust 

emission value will be calculated by 

using the projected sales and fuel 

economy and carbon-related exhaust 

emission values for each base level 

mstockstill on DSKB9S0YB1PROD with RULES2

Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 25713 

within the model type. Separate model 

type calculations will be done based on 

the vehicle configuration fuel economy 

and carbon-related exhaust emission 

values as determined in § 600.206–12 

(a), (b) or (c), as applicable. 

(1) If the Administrator determines 

that automobiles intended for sale in the 

State of California are likely to exhibit 

significant differences in fuel economy 

and carbon-related exhaust emission 

values from those intended for sale in 

other states, she will calculate fuel 

economy and carbon-related exhaust 

emission values for each model type for 

vehicles intended for sale in California 

and for each model type for vehicles 

intended for sale in the rest of the states. 

(2) The sales fraction for each base 

level is calculated by dividing the 

projected sales of the base level within 

the model type by the projected sales of 

the model type and rounding the 

quotient to the nearest 0.0001. 

(3)(i) The FTP-based city fuel 

economy values of the model type 

(calculated to the nearest 0.0001 mpg) 

are determined by dividing one by a 

sum of terms, each of which 

corresponds to a base level and which 

is a fraction determined by dividing: 

(A) The sales fraction of a base level; 

by 

(B) The FTP-based city fuel economy 

value for the respective base level. 

(ii) The FTP-based city carbon-related 

exhaust emission value of the model 

type (calculated to the nearest gram per 

mile) are determined by a sum of terms, 

each of which corresponds to a base 

level and which is a product determined 

by multiplying: 

(A) The sales fraction of a base level; 

by 

(B) The FTP-based city carbon-related 

exhaust emission value for the 

respective base level. 

(4) The procedure specified in 

paragraph (b)(3) of this section is 

repeated in an analogous manner to 

determine the highway and combined 

fuel economy and carbon-related 

exhaust emission values for the model 

type. 

(5) For alcohol dual fuel automobiles 

and natural gas dual fuel automobiles, 

the procedures of paragraphs (b)(1) 

through (4) of this section shall be used 

to calculate two separate sets of city, 

highway, and combined fuel economy 

values and two separate sets of city, 

highway, and combined carbon-related 

exhaust emission values for each model 

type. 

(i) Calculate the city, highway, and 

combined fuel economy and carbonrelated exhaust emission values from 

the tests performed using gasoline or 

diesel test fuel. 

(ii) Calculate the city, highway, and 

combined fuel economy and carbonrelated exhaust emission values from 

the tests performed using alcohol or 

natural gas test fuel. 

Subpart D—[Amended] 

■ 49. A new § 600.301–12 is added to 

subpart D to read as follows: 

§ 600.301–12 General applicability. 

(a) Unless otherwise specified, the 

provisions of this subpart are applicable 

to 2012 and later model year 

automobiles. 

(b) [Reserved] 

Subpart F—Fuel Economy Regulations 

for Model Year 1978 Passenger 

Automobiles and for 1979 and Later 

Model Year Automobiles (Light Trucks 

and Passenger Automobiles)— 

Procedures for Determining 

Manufacturer’s Average Fuel Economy 

and Manufacturer’s Average CarbonRelated Exhaust Emissions 

■ 50. The heading for subpart F is 

revised as set forth above. 

■ 51. A new § 600.501–12 is added to 

subpart F to read as follows: 

§ 600.501–12 General applicability. 

The provisions of this subpart are 

applicable to 2012 and later model year 

passenger automobiles and light trucks 

and to the manufacturers of 2012 and 

later model year passenger automobiles 

and light trucks. The provisions of this 

subpart are applicable to medium-duty 

passenger vehicles and to manufacturers 

of such vehicles. 

■ 52. A new § 600.507–12 is added to 

subpart F to read as follows: 

§ 600.507–12 Running change data 

requirements. 

(a) Except as specified in paragraph 

(d) of this section, the manufacturer 

shall submit additional running change 

fuel economy and carbon-related 

exhaust emissions data as specified in 

paragraph (b) of this section for any 

running change approved or 

implemented under §§ 86.079–32, 

86.079–33, 86.082–34, or 86.1842–01 of 

this chapter, as applicable, which: 

(1) Creates a new base level or, 

(2) Affects an existing base level by: 

(i) Adding an axle ratio which is at 

least 10 percent larger (or, optionally, 10 

percent smaller) than the largest axle 

ratio tested. 

(ii) Increasing (or, optionally, 

decreasing) the road-load horsepower 

for a subconfiguration by 10 percent or 

more for the individual running change 

or, when considered cumulatively, since 

original certification (for each 

cumulative 10 percent increase using 

the originally certified road-load 

horsepower as a base). 

(iii) Adding a new subconfiguration 

by increasing (or, optionally, 

decreasing) the equivalent test weight 

for any previously tested 

subconfiguration in the base level. 

(iv) Revising the calibration of an 

electric vehicle, fuel cell vehicle, hybrid 

electric vehicle, plug-in hybrid electric 

vehicle or other advanced technology 

vehicle in such a way that the city or 

highway fuel economy of the vehicle (or 

the energy consumption of the vehicle, 

as may be applicable) is expected to 

become less fuel efficient (or optionally, 

more fuel efficient) by 4.0 percent or 

more as compared to the original fuel 

economy label values for fuel economy 

and/or energy consumption, as 

applicable. 

(b)(1) The additional running change 

fuel economy and carbon-related 

exhaust emissions data requirement in 

paragraph (a) of this section will be 

determined based on the sales of the 

vehicle configurations in the created or 

affected base level(s) as updated at the 

time of running change approval. 

(2) Within each newly created base 

level as specified in paragraph (a)(1) of 

this section, the manufacturer shall 

submit data from the highest projected 

total model year sales subconfiguration 

within the highest projected total model 

year sales configuration in the base 

level. 

(3) Within each base level affected by 

a running change as specified in 

paragraph (a)(2) of this section, fuel 

economy and carbon-related exhaust 

emissions data shall be submitted for 

the vehicle configuration created or 

affected by the running change which 

has the highest total model year 

projected sales. The test vehicle shall be 

of the subconfiguration created by the 

running change which has the highest 

projected total model year sales within 

the applicable vehicle configuration. 

(c) The manufacturer shall submit the 

fuel economy data required by this 

section to the Administrator in 

accordance with § 600.314(b). 

(d) For those model types created 

under § 600.208–12(a)(2), the 

manufacturer shall submit fuel economy 

and carbon-related exhaust emissions 

data for each subconfiguration added by 

a running change. 

■ 53. A new § 600.509–12 is added to 

subpart F to read as follows: 

§ 600.509–12 Voluntary submission of 

additional data. 

(a) The manufacturer may optionally 

submit data in addition to the data 

required by the Administrator. 

mstockstill on DSKB9S0YB1PROD with RULES2

25714 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 

(b) Additional fuel economy and 

carbon-related exhaust emissions data 

may be submitted by the manufacturer 

for any vehicle configuration which is to 

be tested as required in § 600.507 or for 

which fuel economy and carbon-related 

exhaust emissions data were previously 

submitted under paragraph (c) of this 

section. 

(c) Within a base level, additional fuel 

economy and carbon-related exhaust 

emissions data may be submitted by the 

manufacturer for any vehicle 

configuration which is not required to 

be tested by § 600.507. 

■ 54. A new § 600.510–12 is added to 

subpart F to read as follows: 

§ 600.510–12 Calculation of average fuel 

economy and average carbon-related 

exhaust emissions. 

(a)(1) Average fuel economy will be 

calculated to the nearest 0.1 mpg for the 

categories of automobiles identified in 

this section, and the results of such 

calculations will be reported to the 

Secretary of Transportation for use in 

determining compliance with the 

applicable fuel economy standards. 

(i) An average fuel economy 

calculation will be made for the 

category of passenger automobiles as 

determined by the Secretary of 

Transportation. For example, categories 

may include, but are not limited to 

domestically manufactured and/or nondomestically manufactured passenger 

automobiles as determined by the 

Secretary of Transportation. 

(ii) [Reserved] 

(iii) An average fuel economy 

calculation will be made for the 

category of trucks as determined by the 

Secretary of Transportation. For 

example, categories may include, but 

are not limited to domestically 

manufactured trucks, non-domestically 

manufactured trucks, light-duty trucks, 

medium-duty passenger vehicles, and/ 

or heavy-duty trucks as determined by 

the Secretary of Transportation. 

(iv) [Reserved] 

(2) Average carbon-related exhaust 

emissions will be calculated to the 

nearest one gram per mile for the 

categories of automobiles identified in 

this section, and the results of such 

calculations will be reported to the 

Administrator for use in determining 

compliance with the applicable CO2

emission standards. 

(i) An average carbon-related exhaust 

emissions calculation will be made for 

passenger automobiles. 

(ii) An average carbon-related exhaust 

emissions calculation will be made for 

light trucks. 

(b) For the purpose of calculating 

average fuel economy under paragraph 

(c) of this section and for the purpose of 

calculating average carbon-related 

exhaust emissions under paragraph (j) of 

this section: 

(1) All fuel economy and carbonrelated exhaust emissions data 

submitted in accordance with 

§ 600.006(e) or § 600.512(c) shall be 

used. 

(2) The combined city/highway fuel 

economy and carbon-related exhaust 

emission values will be calculated for 

each model type in accordance with 

§ 600.208–12 of this section except that: 

(i) Separate fuel economy values will 

be calculated for model types and base 

levels associated with car lines for each 

category of passenger automobiles and 

light trucks as determined by the 

Secretary of Transportation pursuant to 

paragraph (a)(1) of this section. 

(ii) Total model year production data, 

as required by this subpart, will be used 

instead of sales projections; 

(iii) [Reserved] 

(iv) The fuel economy value will be 

rounded to the nearest 0.1 mpg; 

(v) The carbon-related exhaust 

emission value will be rounded to the 

nearest gram per mile; and 

(vi) At the manufacturer’s option, 

those vehicle configurations that are 

self-compensating to altitude changes 

may be separated by sales into highaltitude sales categories and lowaltitude sales categories. These separate 

sales categories may then be treated 

(only for the purpose of this section) as 

separate configurations in accordance 

with the procedure of § 600.208– 

12(a)(4)(ii). 

(3) The fuel economy and carbonrelated exhaust emission values for each 

vehicle configuration are the combined 

fuel economy and carbon-related 

exhaust emissions calculated according 

to § 600.206–08(a)(3) except that: 

(i) Separate fuel economy values will 

be calculated for vehicle configurations 

associated with car lines for each 

category of passenger automobiles and 

light trucks as determined by the 

Secretary of Transportation pursuant to 

paragraph (a)(1) of this section. 

(ii) Total model year production data, 

as required by this subpart will be used 

instead of sales projections; and 

(iii) The fuel economy value of dieselpowered model types will be multiplied 

by the factor 1.0 to convert gallons of 

diesel fuel to equivalent gallons of 

gasoline. 

(c) Except as permitted in paragraph 

(d) of this section, the average fuel 

economy will be calculated individually 

for each category identified in paragraph 

(a)(1) of this section as follows: 

(1) Divide the total production 

volume of that category of automobiles; 

by 

(2) A sum of terms, each of which 

corresponds to a model type within that 

category of automobiles and is a fraction 

determined by dividing the number of 

automobiles of that model type 

produced by the manufacturer in the 

model year; by 

(i) For gasoline-fueled and dieselfueled model types, the fuel economy 

calculated for that model type in 

accordance with paragraph (b)(2) of this 

section; or 

(ii) For alcohol-fueled model types, 

the fuel economy value calculated for 

that model type in accordance with 

paragraph (b)(2) of this section divided 

by 0.15 and rounded to the nearest 0.1 

mpg; or 

(iii) For natural gas-fueled model 

types, the fuel economy value 

calculated for that model type in 

accordance with paragraph (b)(2) of this 

section divided by 0.15 and rounded to 

the nearest 0.1 mpg; or 

(iv) For alcohol dual fuel model types, 

for model years 1993 through 2019, the 

harmonic average of the following two 

terms; the result rounded to the nearest 

0.1 mpg: 

(A) The combined model type fuel 

economy value for operation on gasoline 

or diesel fuel as determined in 

§ 600.208–12(b)(5)(i); and 

(B) The combined model type fuel 

economy value for operation on alcohol 

fuel as determined in § 600.208– 

12(b)(5)(ii) divided by 0.15 provided the 

requirements of § 600.510(g) are met; or 

(v) For natural gas dual fuel model 

types, for model years 1993 through 

2019, the harmonic average of the 

following two terms; the result rounded 

to the nearest 0.1 mpg: 

(A) The combined model type fuel 

economy value for operation on gasoline 

or diesel as determined in § 600.208– 

12(b)(5)(i); and 

(B) The combined model type fuel 

economy value for operation on natural 

gas as determined in § 600.208– 

12(b)(5)(ii) divided by 0.15 provided the 

requirements of paragraph (g) of this 

section are met. 

(d) The Administrator may approve 

alternative calculation methods if they 

are part of an approved credit plan 

under the provisions of 15 U.S.C. 2003. 

(e) For passenger automobile 

categories identified in paragraph (a)(1) 

of this section, the average fuel economy 

calculated in accordance with paragraph 

(c) of this section shall be adjusted using 

the following equation: 

AFEadj = AFE[((0.55 × a × c) + (0.45 × 

c) + (0.5556 × a) + 0.4487)/((0.55 × 

a) + 0.45)] + IW 

mstockstill on DSKB9S0YB1PROD with RULES2

Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 25715 

Where: 

AFEadj = Adjusted average combined fuel 

economy, rounded to the nearest 0.1 

mpg; 

AFE = Average combined fuel economy as 

calculated in paragraph (c) of this 

section, rounded to the nearest 0.0001 

mpg; 

a = Sales-weight average (rounded to the 

nearest 0.0001 mpg) of all model type 

highway fuel economy values (rounded 

to the nearest 0.1 mpg) divided by the 

sales-weighted average (rounded to the 

nearest 0.0001 mpg) of all model type 

city fuel economy values (rounded to the 

nearest 0.1 mpg). The quotient shall be 

rounded to 4 decimal places. These 

average fuel economies shall be 

determined using the methodology of 

paragraph (c) of this section. 

c = 0.0014; 

IW = (9.2917 × 10¥3 × SF3IWC × FE3IWC) ¥ 

(3.5123 × 10¥3 × SF4ETW × FE4IWC). 

Note: Any calculated value of IW less than 

zero shall be set equal to zero. 

SF3IWC = The 3000 lb. inertia weight class 

sales divided by total sales. The quotient 

shall be rounded to 4 decimal places. 

SF4ETW = The 4000 lb. equivalent test weight 

category sales divided by total sales. The 

quotient shall be rounded to 4 decimal 

places. 

FE4IWC = The sales-weighted average 

combined fuel economy of all 3000 lb. 

inertia weight class base levels in the 

compliance category. Round the result to 

the nearest 0.0001 mpg. 

FE4IWC = The sales-weighted average 

combined fuel economy of all 4000 lb. 

inertia weight class base levels in the 

compliance category. Round the result to 

the nearest 0.0001 mpg. 

(f) The Administrator shall calculate 

and apply additional average fuel 

economy adjustments if, after notice and 

opportunity for comment, the 

Administrator determines that, as a 

result of test procedure changes not 

previously considered, such correction 

is necessary to yield fuel economy test 

results that are comparable to those 

obtained under the 1975 test 

procedures. In making such 

determinations, the Administrator must 

find that: 

(1) A directional change in measured 

fuel economy of an average vehicle can 

be predicted from a revision to the test 

procedures; 

(2) The magnitude of the change in 

measured fuel economy for any vehicle 

or fleet of vehicles caused by a revision 

to the test procedures is quantifiable 

from theoretical calculations or best 

available test data; 

(3) The impact of a change on average 

fuel economy is not due to eliminating 

the ability of manufacturers to take 

advantage of flexibility within the 

existing test procedures to gain 

measured improvements in fuel 

economy which are not the result of 

actual improvements in the fuel 

economy of production vehicles; 

(4) The impact of a change on average 

fuel economy is not solely due to a 

greater ability of manufacturers to 

reflect in average fuel economy those 

design changes expected to have 

comparable effects on in-use fuel 

economy; 

(5) The test procedure change is 

required by EPA or is a change initiated 

by EPA in its laboratory and is not a 

change implemented solely by a 

manufacturer in its own laboratory. 

(g)(1) Alcohol dual fuel automobiles 

and natural gas dual fuel automobiles 

must provide equal or greater energy 

efficiency while operating on alcohol or 

natural gas as while operating on 

gasoline or diesel fuel to obtain the 

CAFE credit determined in paragraphs 

(c)(2)(iv) and (v) of this section or to 

obtain the carbon-related exhaust 

emissions credit determined in 

paragraphs (j)(2)(ii) and (iii). The 

following equation must hold true: 

Ealt/Epet> or = 1 

Where: 

Ealt = [FEalt/(NHValt × Dalt)] × 106 = energy 

efficiency while operating on alternative 

fuel rounded to the nearest 0.01 miles/ 

million BTU. 

Epet = [FEpet/(NHVpet × Dpet)] × 106 = energy 

efficiency while operating on gasoline or 

diesel (petroleum) fuel rounded to the 

nearest 0.01 miles/million BTU. 

FEalt is the fuel economy [miles/gallon for 

liquid fuels or miles/100 standard cubic 

feet for gaseous fuels] while operated on 

the alternative fuel as determined in 

§ 600.113–08(a) and (b); 

FEpet is the fuel economy [miles/gallon] while 

operated on petroleum fuel (gasoline or 

diesel) as determined in § 600.113(a) and 

(b); 

NHValt is the net (lower) heating value [BTU/ 

lb] of the alternative fuel; 

NHVpet is the net (lower) heating value [BTU/ 

lb] of the petroleum fuel; 

Dalt is the density [lb/gallon for liquid fuels 

or lb/100 standard cubic feet for gaseous 

fuels] of the alternative fuel; 

Dpet is the density [lb/gallon] of the 

petroleum fuel. 

(i) The equation must hold true for 

both the FTP city and HFET highway 

fuel economy values for each test of 

each test vehicle. 

(ii)(A) The net heating value for 

alcohol fuels shall be premeasured 

using a test method which has been 

approved in advance by the 

Administrator. 

(B) The density for alcohol fuels shall 

be premeasured using ASTM D 1298–85 

(Reapproved 1990) ‘‘Standard Practice 

for Density, Relative Density (Specific 

Gravity), or API Gravity of Crude 

Petroleum and Liquid Petroleum 

Products by Hydrometer Method’’ 

(incorporated by reference at § 600.011– 

93). 

(iii) The net heating value and density 

of gasoline are to be determined by the 

manufacturer in accordance with 

§ 600.113(f). 

(2) [Reserved] 

(3) Alcohol dual fuel passenger 

automobiles and natural gas dual fuel 

passenger automobiles manufactured 

during model years 1993 through 2019 

must meet the minimum driving range 

requirements established by the 

Secretary of Transportation (49 CFR part 

538) to obtain the CAFE credit 

determined in paragraphs (c)(2)(iv) and 

(v) of this section. 

(h) For model years 1993 and later, 

and for each category of automobile 

identified in paragraph (a)(1) of this 

section, the maximum increase in 

average fuel economy determined in 

paragraph (c) of this section attributable 

to alcohol dual fuel automobiles and 

natural gas dual fuel automobiles shall 

be as follows: 

Model year 

Maximum increase 

(mpg) 

1993–2014 ........................ 1.2 

2015 .................................. 1.0 

2016 .................................. 0.8 

2017 .................................. 0.6 

2018 .................................. 0.4 

2019 .................................. 0.2 

2020 and later .................. 0.0 

(1) The Administrator shall calculate 

the increase in average fuel economy to 

determine if the maximum increase 

provided in paragraph (h) of this section 

has been reached. The Administrator 

shall calculate the average fuel economy 

for each category of automobiles 

specified in paragraph (a)(1) of this 

section by subtracting the average fuel 

economy values calculated in 

accordance with this section by 

assuming all alcohol dual fuel and 

natural gas dual fuel automobiles are 

operated exclusively on gasoline (or 

diesel) fuel from the average fuel 

economy values determined in 

paragraph (c) of this section. The 

difference is limited to the maximum 

increase specified in paragraph (h) of 

this section. 

(2) [Reserved] 

(i) For model years 2012 through 

2015, and for each category of 

automobile identified in paragraph 

(a)(1) of this section, the maximum 

decrease in average carbon-related 

exhaust emissions determined in 

paragraph (j) of this section attributable 

to alcohol dual fuel automobiles and 

natural gas dual fuel automobiles shall 

be calculated using the following 

mstockstill on DSKB9S0YB1PROD with RULES2

25716 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 

formula, and rounded to the nearest 

tenth of a gram per mile: 

Maximum Decrease =

− ⎡

⎣

⎢ ⎤

⎦

⎥

− 8887

8887

FltAvg

MPG

FltAvg

MAX

Where: 

FltAvg = The fleet average CREE value for 

passenger automobiles or light trucks 

determined for the applicable model year 

according to paragraph (j) of this section, 

except by assuming all alcohol dual fuel 

and natural gas dual fuel automobiles are 

operated exclusively on gasoline (or 

diesel) fuel. 

MPGMAX = The maximum increase in miles 

per gallon determined for the 

appropriate model year in paragraph (h) 

of this section. 

(1) The Administrator shall calculate 

the decrease in average carbon-related 

exhaust emissions to determine if the 

maximum decrease provided in this 

paragraph (i) has been reached. The 

Administrator shall calculate the 

average carbon-related exhaust 

emissions for each category of 

automobiles specified in paragraph (a) 

of this section by subtracting the average 

carbon-related exhaust emission values 

determined in paragraph (j) of this 

section from the average carbon-related 

exhaust emission values calculated in 

accordance with this section by 

assuming all alcohol dual fuel and 

natural gas dual fuel automobiles are 

operated exclusively on gasoline (or 

diesel) fuel. The difference is limited to 

the maximum decrease specified in 

paragraph (i) of this section. 

(2) [Reserved] 

(j) The average carbon-related exhaust 

emissions will be calculated 

individually for each category identified 

in paragraph (a)(1) of this section as 

follows: 

(1) Divide the total production 

volume of that category of automobiles 

into: 

(2) A sum of terms, each of which 

corresponds to a model type within that 

category of automobiles and is a product 

determined by multiplying the number 

of automobiles of that model type 

produced by the manufacturer in the 

model year by: 

(i) For gasoline-fueled and dieselfueled model types, the carbon-related 

exhaust emissions value calculated for 

that model type in accordance with 

paragraph (b)(2) of this section; or 

(ii)(A) For alcohol-fueled model types, 

for model years 2012 through 2015, the 

carbon-related exhaust emissions value 

calculated for that model type in 

accordance with paragraph (b)(2) of this 

section multiplied by 0.15 and rounded 

to the nearest gram per mile, except that 

manufacturers complying with the fleet 

averaging option for N2O and CH4 as 

allowed under § 86.1818–12(f)(2) of this 

chapter must perform this calculation 

such that N2O and CH4 values are not 

multiplied by 0.15; or 

(B) For alcohol-fueled model types, 

for model years 2016 and later, the 

carbon-related exhaust emissions value 

calculated for that model type in 

accordance with paragraph (b)(2) of this 

section; or 

(iii)(A) For natural gas-fueled model 

types, for model years 2012 through 

2015, the carbon-related exhaust 

emissions value calculated for that 

model type in accordance with 

paragraph (b)(2) of this section 

multiplied by 0.15 and rounded to the 

nearest gram per mile, except that 

manufacturers complying with the fleet 

averaging option for N2O and CH4 as 

allowed under § 86.1818–12(f)(2) of this 

chapter must perform this calculation 

such that N2O and CH4 values are not 

multiplied by 0.15; or 

(B) For natural gas-fueled model 

types, for model years 2016 and later, 

the carbon-related exhaust emissions 

value calculated for that model type in 

accordance with paragraph (b)(2) of this 

section; or 

(iv) For alcohol dual fuel model types, 

for model years 2012 through 2015, the 

arithmetic average of the following two 

terms, the result rounded to the nearest 

gram per mile: 

(A) The combined model type carbonrelated exhaust emissions value for 

operation on gasoline or diesel fuel as 

determined in § 600.208–12(b)(5)(i); and 

(B) The combined model type carbonrelated exhaust emissions value for 

operation on alcohol fuel as determined 

in § 600.208–12(b)(5)(ii) multiplied by 

0.15 provided the requirements of 

paragraph (g) of this section are met, 

except that manufacturers complying 

with the fleet averaging option for N2O 

and CH4 as allowed under § 86.1818– 

12(f)(2) of this chapter must perform 

this calculation such that N2O and CH4

values are not multiplied by 0.15; or 

(v) For natural gas dual fuel model 

types, for model years 2012 through 

2015, the arithmetic average of the 

following two terms; the result rounded 

to the nearest gram per mile: 

(A) The combined model type carbonrelated exhaust emissions value for 

operation on gasoline or diesel as 

determined in § 600.208–12(b)(5)(i); and 

(B) The combined model type carbonrelated exhaust emissions value for 

operation on natural gas as determined 

in § 600.208–12(b)(5)(ii) multiplied by 

0.15 provided the requirements of 

paragraph (g) of this section are met, 

except that manufacturers complying 

with the fleet averaging option for N2O 

and CH4 as allowed under § 86.1818– 

12(f)(2) of this chapter must perform 

this calculation such that N2O and CH4

values are not multiplied by 0.15. 

(vi) For alcohol dual fuel model types, 

for model years 2016 and later, the 

combined model type carbon-related 

exhaust emissions value determined 

according to the following formula and 

rounded to the nearest gram per mile: 

CREE = (F × CREEalt) + ((1¥F) × 

CREEgas) 

Where: 

F = 0.00 unless otherwise approved by the 

Administrator according to the 

provisions of paragraph (k) of this 

section; 

CREEalt = The combined model type carbonrelated exhaust emissions value for 

operation on alcohol fuel as determined 

in § 600.208–12(b)(5)(ii); and 

CREEgas = The combined model type carbonrelated exhaust emissions value for 

operation on gasoline or diesel fuel as 

determined in § 600.208–12(b)(5)(i). 

(vii) For natural gas dual fuel model 

types, for model years 2016 and later, 

the combined model type carbon-related 

exhaust emissions value determined 

according to the following formula and 

rounded to the nearest gram per mile: 

CREE = (F × CREEalt) + ((1¥F) × 

CREEgas) 

Where: 

F = 0.00 unless otherwise approved by the 

Administrator according to the 

provisions of paragraph (k) of this 

section; 

CREEalt = The combined model type carbonrelated exhaust emissions value for 

operation on natural gas as determined 

in § 600.208–12(b)(5)(ii); and 

CREEgas = The combined model type carbonrelated exhaust emissions value for 


mstockstill on DSKB9S0YB1PROD with RULES2ER07MY10.059</MATH>
Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 25717 

operation on gasoline or diesel fuel as 

determined in § 600.208–12(b)(5)(i). 

(k) Alternative in-use weighting 

factors for dual fuel model types. Using 

one of the methods in either paragraph 

(k)(1) or (2) of this section, 

manufacturers may request the use of 

alternative values for the weighting 

factor F in the equations in paragraphs 

(j)(2)(vi) and (vii) of this section. Unless 

otherwise approved by the 

Administrator, the manufacturer must 

use the value of F that is in effect in 

paragraphs (j)(2)(vi) and (vii) of this 

section. 

(1) Upon written request from a 

manufacturer, the Administrator will 

determine and publish by written 

guidance an appropriate value of F for 

each requested alternative fuel based on 

the Administrator’s assessment of realworld use of the alternative fuel. Such 

published values would be available for 

any manufacturer to use. The 

Administrator will periodically update 

these values upon written request from 

a manufacturer. 

(2) The manufacturer may optionally 

submit to the Administrator its own 

demonstration regarding the real-world 

use of the alternative fuel in their 

vehicles and its own estimate of the 

appropriate value of F in the equations 

in paragraphs (j)(2)(vi) and (vii) of this 

section. Depending on the nature of the 

analytical approach, the manufacturer 

could provide estimates of F that are 

model type specific or that are generally 

applicable to the manufacturer’s dual 

fuel fleet. The manufacturer’s analysis 

could include use of data gathered from 

on-board sensors and computers, from 

dual fuel vehicles in fleets that are 

centrally fueled, or from other sources. 

The analysis must be based on sound 

statistical methodology and must 

account for analytical uncertainty. Any 

approval by the Administrator will 

pertain to the use of values of F for the 

model types specified by the 

manufacturer. 

■ 55. A new § 600.512–12 is added to 

subpart F to read as follows: 

§ 600.512–12 Model year report. 

(a) For each model year, the 

manufacturer shall submit to the 

Administrator a report, known as the 

model year report, containing all 

information necessary for the 

calculation of the manufacturer’s 

average fuel economy and all 

information necessary for the 

calculation of the manufacturer’s 

average carbon-related exhaust 

emissions. 

(1) The results of the manufacturer 

calculations and summary information 

of model type fuel economy values 

which are contained in the average fuel 

economy calculation shall also be 

submitted to the Secretary of the 

Department of Transportation, National 

Highway and Traffic Safety 

Administration. 

(2) The results of the manufacturer 

calculations and summary information 

of model type carbon-related exhaust 

emission values which are contained in 

the average calculation shall be 

submitted to the Administrator. 

(b)(1) The model year report shall be 

in writing, signed by the authorized 

representative of the manufacturer and 

shall be submitted no later than 90 days 

after the end of the model year. 

(2) The Administrator may waive the 

requirement that the model year report 

be submitted no later than 90 days after 

the end of the model year. Based upon 

a request by the manufacturer, if the 

Administrator determines that 90 days 

is insufficient time for the manufacturer 

to provide all additional data required 

as determined in § 600.507, the 

Administrator shall establish an 

alternative date by which the model 

year report must be submitted. 

(3) Separate reports shall be submitted 

for passenger automobiles and light 

trucks (as identified in § 600.510). 

(c) The model year report must 

include the following information: 

(1)(i) All fuel economy data used in 

the FTP/HFET-based model type 

calculations under § 600.208–12, and 

subsequently required by the 

Administrator in accordance with 

§ 600.507; 

(ii) All carbon-related exhaust 

emission data used in the FTP/HFETbased model type calculations under 

§ 600.208–12, and subsequently 

required by the Administrator in 

accordance with § 600.507; 

(2)(i) All fuel economy data for 

certification vehicles and for vehicles 

tested for running changes approved 

under § 86.1842–01 of this chapter; 

(ii) All carbon-related exhaust 

emission data for certification vehicles 

and for vehicles tested for running 

changes approved under § 86.1842–01 

of this chapter; 

(3) Any additional fuel economy and 

carbon-related exhaust emission data 

submitted by the manufacturer under 

§ 600.509; 

(4)(i) A fuel economy value for each 

model type of the manufacturer’s 

product line calculated according to 

§ 600.510(b)(2); 

(ii) A carbon-related exhaust emission 

value for each model type of the 

manufacturer’s product line calculated 

according to § 600.510(b)(2); 

(5)(i) The manufacturer’s average fuel 

economy value calculated according to 

§ 600.510(c); 

(ii) The manufacturer’s average 

carbon-related exhaust emission value 

calculated according to § 600.510(j); 

(6) A listing of both domestically and 

nondomestically produced car lines as 

determined in § 600.511 and the cost 

information upon which the 

determination was made; and 

(7) The authenticity and accuracy of 

production data must be attested to by 

the corporation, and shall bear the 

signature of an officer (a corporate 

executive of at least the rank of vicepresident) designated by the 

corporation. Such attestation shall 

constitute a representation by the 

manufacturer that the manufacturer has 

established reasonable, prudent 

procedures to ascertain and provide 

production data that are accurate and 

authentic in all material respects and 

that these procedures have been 

followed by employees of the 

manufacturer involved in the reporting 

process. The signature of the designated 

officer shall constitute a representation 

by the required attestation. 

(8) For 2008–2010 light truck model 

year reports, the average fuel economy 

standard or the ‘‘required fuel economy 

level’’ pursuant to 49 CFR part 533, as 

applicable. Model year reports for light 

trucks meeting required fuel economy 

levels pursuant to 49 CFR 533.5(g) and 

(h) shall include information in 

sufficient detail to verify the accuracy of 

the calculated required fuel economy 

level. Such information is expected to 

include but is not limited to, production 

information for each unique footprint 

within each model type contained in the 

model year report and the formula used 

to calculate the required fuel economy 

level. Model year reports for required 

fuel economy levels shall include a 

statement that the method of measuring 

vehicle track width, measuring vehicle 

wheelbase and calculating vehicle 

footprint is accurate and complies with 

applicable Department of 

Transportation requirements. 

(9) For 2011 and later model year 

reports, the ‘‘required fuel economy 

level’’ pursuant to 49 CFR parts 531 or 

533, as applicable. Model year reports 

shall include information in sufficient 

detail to verify the accuracy of the 

calculated required fuel economy level, 

including but is not limited to, 

production information for each unique 

footprint within each model type 

contained in the model year report and 

the formula used to calculate the 

required fuel economy level. Model year 

reports shall include a statement that 

the method of measuring vehicle track 

mstockstill on DSKB9S0YB1PROD with RULES2

25718 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 

width, measuring vehicle wheelbase 

and calculating vehicle footprint is 

accurate and complies with applicable 

Department of Transportation 

requirements. 

(10) For 2012 and later model year 

reports, the ‘‘required fuel economy 

level’’ pursuant to 49 CFR parts 531 or 

533 as applicable, and the applicable 

fleet average CO2 emission standards. 

Model year reports shall include 

information in sufficient detail to verify 

the accuracy of the calculated required 

fuel economy level and fleet average 

CO2 emission standards, including but 

is not limited to, production 

information for each unique footprint 

within each model type contained in the 

model year report and the formula used 

to calculate the required fuel economy 

level and fleet average CO2 emission 

standards. Model year reports shall 

include a statement that the method of 

measuring vehicle track width, 

measuring vehicle wheelbase and 

calculating vehicle footprint is accurate 

and complies with applicable 

Department of Transportation and EPA 

requirements. 

(11) For 2012 and later model year 

reports, a detailed (but easy to 

understand) list of vehicle models and 

the applicable in-use CREE emission 

standard. The list of models shall 

include the applicable carline/ 

subconfiguration parameters (including 

carline, equivalent test weight, roadload horsepower, axle ratio, engine 

code, transmission class, transmission 

configuration and basic engine); the test 

parameters (ETW and a, b, c, 

dynamometer coefficients) and the 

associated CREE emission standard. The 

manufacturer shall provide the method 

of identifying EPA engine code for 

applicable in-use vehicles. 

■ 56. A new § 600.514–12 is added to 

subpart F to read as follows: 

§ 600.514–12 Reports to the Environmental 

Protection Agency. 

This section establishes requirements 

for automobile manufacturers to submit 

reports to the Environmental Protection 

Agency regarding their efforts to reduce 

automotive greenhouse gas emissions. 

(a) General Requirements. (1) For each 

model year, each manufacturer shall 

submit a pre-model year report. 

(2) The pre-model year report 

required by this section for each model 

year must be submitted before the 

model year begins and before the 

certification of any test group, no later 

than December 31 of the calendar year 

two years before the model year. For 

example the pre-model year report for 

the 2012 model year must be submitted 

no later than December 31, 2010. 

(3) Each report required by this 

section must: 

(i) Identify the report as a pre-model 

year report; 

(ii) Identify the manufacturer 

submitting the report; 

(iii) State the full name, title, and 

address of the official responsible for 

preparing the report; 

(iv) Be submitted to: Director, 

Compliance and Innovative Strategies 

Division, U.S. Environmental Protection 

Agency, 2000 Traverwood, Ann Arbor, 

Michigan 48105; 

(v) Identify the current model year; 

(vi) Be written in the English 

language; and 

(vii) Be based upon all information 

and data available to the manufacturer 

approximately 30 days before the report 

is submitted to the Administrator. 

(b) Content of pre-model year reports. 

(1) Each pre-model year report must 

include the following information for 

each compliance category for the 

applicable future model year and to the 

extent possible, two model years into 

the future: 

(i) The manufacturer’s estimate of its 

footprint-based fleet average CO2

standards (including temporary lead 

time allowance alternative standards, if 

applicable); 

(ii) Projected total and model-level 

production volumes for each applicable 

standard category; 

(iii) Projected fleet average CO2

compliance level for each applicable 

standard category; and the model-level 

CO2 emission values which form the 

basis of the projection; 

(iv) Projected fleet average CO2 credit/ 

debit status for each applicable standard 

category; 

(v) A description of the various credit, 

transfer and trading options that will be 

used to comply with each applicable 

standard category, including the amount 

of credit the manufacturer intends to 

generate for air conditioning leakage, air 

conditioning efficiency, off-cycle 

technology, and various early credit 

programs; 

(vi) A description of the method 

which will be used to calculate the 

carbon-related exhaust emissions for 

any electric vehicles, fuel cell vehicles 

and plug-in hybrid vehicles; 

(vii) A summary by model year 

(beginning with the 2009 model year) of 

the number of electric vehicles, fuel cell 

vehicles and plug-in hybrid vehicles 

using (or projected to use) the advanced 

technology vehicle incentives program; 

(viii) The methodology which will be 

used to comply with N2O and CH4

emission standards; and 

(ix) Other information requested by 

the Administrator. 

(2) Manufacturers must submit, in the 

pre-model year report for each model 

year in which a credit deficit is 

generated (or projected to be generated), 

a compliance plan demonstrating how 

the manufacturer will comply with the 

fleet average CO2 standard by the end of 

the third year after the deficit occurred. 

Department of Transportation 

49 CFR Chapter V 

In consideration of the foregoing, 

under the authority of 49 U.S.C. 32901, 

32902, 32903, and 32907, and 

delegation of authority at 49 CFR 1.50, 

NHTSA amends 49 CFR Chapter V as 

follows: 

PART 531—PASSENGER 

AUTOMOBILE AVERAGE FUEL 

ECONOMY STANDARDS 

■ 1. The authority citation for part 531 

continues to read as follows: 

Authority: 49 U.S.C. 32902; delegation of 

authority at 49 CFR 1.50. 

■ 2. Amend § 531.5 as follows: 

■ a. By revising paragraph (a) 

introductory text. 

■ b. By revising paragraph (c). 

■ c. By redesignating paragraph (d) as 

paragraph (e). 

■ d. By adding a new paragraph (d). 

§ 531.5 Fuel economy standards. 

(a) Except as provided in paragraph 

(e) of this section, each manufacturer of 

passenger automobiles shall comply 

with the average fuel economy 

standards in Table I, expressed in miles 

per gallon, in the model year specified 

as applicable: 

* * * * * 

(c) For model years 2012–2016, a 

manufacturer’s passenger automobile 

fleet shall comply with the fuel 

economy level calculated for that model 

year according to Figure 2 and the 

appropriate values in Table III. 

mstockstill on DSKB9S0YB1PROD with RULES2

Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 25719 

Figure 2 : CAFE

Production

Production

TARGET

required

i

i

i

= ∑

∑

i

i

Where: 

CAFErequired is the required level for a given 

fleet (domestic passenger automobiles or 

import passenger automobiles), 

Subscript i is a designation of multiple 

groups of automobiles, where each 

group’s designation, i.e., i = 1, 2, 3, etc., 

represents automobiles that share a 

unique model type and footprint within 

the applicable fleet, either domestic 

passenger automobiles or import 

passenger automobiles. 

Productioni is the number of passenger 

automobiles produced for sale in the United 

States within each ith designation, i.e., which 

shares the same model type and footprint. 

TARGETi is the fuel economy target in 

miles per gallon (mpg) applicable to the 

footprint of passenger automobiles within 

each ith designation, i.e., which shares the 

same model type and footprint, calculated 

according to Figure 3 and rounded to the 

nearest hundredth of a mpg, i.e., 35.455 = 

35.46 mpg, and the summations in the 

numerator and denominator are both 

performed over all models in the fleet in 

question. 

Figure 3 : TARGET

MIN MAX c FOOTPRINT d,

=

× + ⎛

⎝

⎜ ⎞

⎠

⎟ ⎡

⎣

⎢ ⎤

⎦

⎥

1

1 1

a b,

Where: 

TARGET is the fuel economy target (in mpg) 

applicable to vehicles of a given 

footprint (FOOTPRINT, in square feet), 

Parameters a, b, c, and d are defined in Table 

III, and 

The MIN and MAX functions take the 

minimum and maximum, respectively, 

of the included values. 

TABLE III—PARAMETERS FOR THE PASSENGER AUTOMOBILE FUEL ECONOMY TARGETS

Model year 

Parameters 

a b c d 

2012 ................................................................................................................. 35.95 27.95 0.0005308 0.006057 

2013 ................................................................................................................. 36.80 28.46 0.0005308 0.005410 

2014 ................................................................................................................. 37.75 29.03 0.0005308 0.004725 

2015 ................................................................................................................. 39.24 29.90 0.0005308 0.003719 

2016 ................................................................................................................. 41.09 30.96 0.0005308 0.002573 

(d) In addition to the requirement of 

paragraphs (b) and (c) of this section, 

each manufacturer shall also meet the 

minimum standard for domestically 

manufactured passenger automobiles 

expressed in Table IV: 

TABLE IV 

Model year Minimum 

standard 

2011 ...................................... 27.8 

2012 ...................................... 30.7 

2013 ...................................... 31.4 

2014 ...................................... 32.1 

2015 ...................................... 33.3 

2016 ...................................... 34.7 

* * * * * 

■ 3. Add Appendix A to Part 531 to read 

as follows: 

Appendix A to Part 531—Example of 

Calculating Compliance Under 

§ 531.5(c) 

Assume a hypothetical manufacturer 

(Manufacturer X) produces a fleet of 

domestic passenger automobiles in MY 2012 

as follows: 


mstockstill on DSKB9S0YB1PROD with RULES2ER07MY10.060</MATH> ER07MY10.061</MATH>
25720 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 

Appendix A, Table 1 

Model type 

Description 

Actual 

measured fuel 

economy 

(mpg) 

Volume 

Group Carline name Basic engine 

(L) 

Transmission 

class 

1 ............... PC A FWD ............................. 1.8 A5 2-door sedan ......................... 34.0 1,500 

2 ............... PC A FWD ............................. 1.8 M6 2-door sedan ......................... 34.6 2,000 

3 ............... PC A FWD ............................. 2.5 A6 4-door wagon ........................ 33.8 2,000 

4 ............... PC A AWD ............................ 1.8 A6 4-door wagon ........................ 34.4 1,000 

5 ............... PC A AWD ............................ 2.5 M6 2-door hatchback ................... 32.9 3,000 

6 ............... PC B RWD ............................ 2.5 A6 4-door wagon ........................ 32.2 8,000 

7 ............... PC B RWD ............................ 2.5 A7 4-door sedan ......................... 33.1 2,000 

8 ............... PC C AWD ............................ 3.2 A7 4-door sedan ......................... 30.6 5,000 

9 ............... PC C FWD ............................ 3.2 M6 2-door coupe ......................... 28.5 3,000 

Total .............................................................................................................................................................................................. 27,500 

Note to Appendix A, Table 1. 

Manufacturer X’s required corporate average 

fuel economy level standard under § 531.5(c) 

would first be calculated by determining the 

fuel economy targets applicable to each 

unique model type and footprint 

combination for model type groups 1–9 as 

illustrated in Appendix A, Table 2: 

mstockstill on DSKB9S0YB1PROD with RULES2

Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 25721 

Appendix A, Table 2 

Manufacturer X calculates a fuel 

economy target standard for each 

unique model type and footprint 

combination. 

Model type 

Description Base tire 

size 

Wheelbase 

(inches) 

Track 

width 

F&R 

average 

(inches) 

Footprint 

(ft2) Volume 

Fuel 

economy 

target 

standard 

(mpg) 

Group Carline name 

Basic 

engine 

(L) 

Transmission 

class 

1a ........ PC A FWD ........ 1.8 A5 2-door sedan 205/75R14 99.8 61.2 42.4 900 35.01 

1b ........ PC A FWD ........ 1.8 A5 2-door sedan 215/70R15 99.8 60.9 42.2 600 35.14 

2 .......... PC A FWD ........ 1.8 M6 2-door sedan 215/70R15 99.8 60.9 42.2 2,000 35.14 

3 .......... PC A FWD ........ 2.5 A6 4-door wagon 215/70R15 100.0 60.9 42.3 2,000 35.08 

4 .......... PC A AWD ....... 1.8 A6 4-door wagon 235/60R15 100.0 61.2 42.5 1,000 35.95 

5 .......... PC A AWD ....... 2.5 M6 2-door 

hatchback.

225/65R16 99.6 59.5 41.2 3,000 35.81 

6a ........ PC B RWD ....... 2.5 A6 4-door wagon 235/65R16 109.2 67.2 51.0 4,000 30.19 

6b ........ PC B RWD ....... 2.5 A6 4-door wagon 265/55R18 109.2 66.8 50.7 4,000 30.33 

7 .......... PC B RWD ....... 2.5 A7 4-door sedan 235/65R17 109.2 67.8 51.4 2,000 29.99 

8 .......... PC C AWD ....... 3.2 A7 4-door sedan 265/55R18 111.3 67.8 52.4 5,000 29.52 

9 .......... PC C FWD ....... 3.2 M6 2-door coupe 225/65R16 111.3 67.2 51.9 3,000 29.76 

Total .................................................................................................................................................................................. 27,500 

Note to Appendix A, Table 2. With the 

appropriate fuel economy targets determined 

for each unique model type and footprint 

combination, Manufacturer X’s required fuel 

economy target standard would be calculated 

as illustrated in Appendix A, Figure 1. 

BILLING CODE 6560–50–P 

mstockstill on DSKB9S0YB1PROD with RULES2

25722 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 


mstockstill on DSKB9S0YB1PROD with RULES2ER07MY10.062</GPH>
Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 25723 

BILLING CODE 6560–50–C 

Note to Appendix A, Figure 2. Since the 

actual average fuel economy of Manufacturer 

X’s fleet is 32.0 mpg, as compared to its 

required fuel economy level of 31.8 mpg, 

Manufacturer X complied with the CAFE 

standard for MY 2012 as set forth in 

§ 531.5(c). 

PART 533—LIGHT TRUCK FUEL 

ECONOMY STANDARDS 

■ 4. The authority citation for part 533 

continues to read as follows: 

Authority: 49 U.S.C. 32902; delegation of 

authority at 49 CFR 1.50. 

■ 5. Amend § 533.5 by adding Figures 2 

and 3 and Table VI at the end of 

paragraph (a), and adding paragraph (i), 

to read as follows: 

§ 533.5 Requirements. 

(a) * * * 

* * * * * 

Figure 2 : CAFE

Production

Production

TARGET

required

i

i

i

= ∑

∑

i

i

Where: 

CAFErequired is the required level for a given 

fleet, 

Subscript i is a designation of multiple 

groups of light trucks, where each 

group’s designation, i.e., i = 1, 2, 3, etc., 

represents light trucks that share a 

unique model type and footprint within 

the applicable fleet. 


mstockstill on DSKB9S0YB1PROD with RULES2ER07MY10.063</GPH> ER07MY10.064</MATH>
25724 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 

Productioni is the number of units of light 

trucks produced for sale in the United 

States within each ith designation, i.e., 

which share the same model type and 

footprint. 

TARGETi is the fuel economy target in miles 

per gallon (mpg) applicable to the 

footprint of light trucks within each ith 

designation, i.e., which shares the same 

model type and footprint, calculated 

according to Figure 3 and rounded to the 

nearest hundredth of a mpg, i.e., 35.455 

= 35.46 mpg, and the summations in the 

numerator and denominator are both 

performed over all models in the fleet in 

question. 

Figure 3 : TARGET

MIN MAX c FOOTPRINT d,

=

× + ⎛

⎝

⎜ ⎞

⎠

⎟ ⎡

⎣

⎢ ⎤

⎦

⎥

1

1 1

a b,

Where: 

TARGET is the fuel economy target (in mpg) 

applicable to vehicles of a given 

footprint (FOOTPRINT, in square feet), 

Parameters a, b, c, and d are defined in Table 

VI, and 

The MIN and MAX functions take the 

minimum and maximum, respectively of 

the included values. 

TABLE VI—PARAMETERS FOR THE LIGHT TRUCK FUEL ECONOMY TARGETS

Model year 

Parameters 

a b c d 

2012 ................................................................................................................. 29.82 22.27 0.0004546 0.014900 

2013 ................................................................................................................. 30.67 22.74 0.0004546 0.013968 

2014 ................................................................................................................. 31.38 23.13 0.0004546 0.013225 

2015 ................................................................................................................. 32.72 23.85 0.0004546 0.011920 

2016 ................................................................................................................. 34.42 24.74 0.0004546 0.010413 

* * * * * 

(i) For model years 2012–2016, a 

manufacturer’s light truck fleet shall 

comply with the fuel economy level 

calculated for that model year according 

to Figures 2 and 3 and the appropriate 

values in Table VI. 

■ 6. Amend Appendix A to Part 533 by 

revising Tables 1 and 2 and Figures 1 

and 2 to read as follows: 

Appendix A to Part 533—Example of 

Calculating Compliance Under 

§ 533.5(i) 

Assume a hypothetical manufacturer 

(Manufacturer X) produces a fleet of light 

trucks in MY 2012 as follows: 

Appendix A, Table 1 

Model type 

Description 

Actual 

measured fuel 

economy 

(mpg) 

Volume 

Group Carline name Basic engine 

(L) 

Transmission 

class 

1 ............... Pickup A 2WD ....................... 4 A5 Reg cab, MB ......................... 27.1 800 

2 ............... Pickup B 2WD ....................... 4 M5 Reg cab, MB ......................... 27.6 200 

3 ............... Pickup C 2WD ....................... 4.5 A5 Reg cab, LB .......................... 23.9 300 

4 ............... Pickup C 2WD ....................... 4 M5 Ext cab, MB ........................... 23.7 400 

5 ............... Pickup C 4WD ....................... 4.5 A5 Crew cab, SB ........................ 23.5 400 

6 ............... Pickup D 2WD ....................... 4.5 A6 Crew cab, SB ........................ 23.6 400 

7 ............... Pickup E 2WD ....................... 5 A6 Ext cab, LB ............................ 22.7 500 

8 ............... Pickup E 2WD ....................... 5 A6 Crew cab, MB ........................ 22.5 500 

9 ............... Pickup F 2WD ....................... 4.5 A5 Reg cab, LB .......................... 22.5 1,600 

10 ............. Pickup F 4WD ....................... 4.5 A5 Ext cab, MB ........................... 22.3 800 

11 ............. Pickup F 4WD ....................... 4.5 A5 Crew cab, SB ........................ 22.2 800 

Total .............................................................................................................................................................................................. 6,700 

Note to Appendix A, Table 1. 

Manufacturer X’s required corporate average 

fuel economy level under § 533.5(i) would 

first be calculated by determining the fuel 

economy targets applicable to each unique 

model type and footprint combination for 

model type groups (1–11) illustrated in 

Appendix A, Table 2: 


mstockstill on DSKB9S0YB1PROD with RULES2ER07MY10.065</MATH>
Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 25725 

Appendix A, Table 2 

Manufacturer X calculates a fuel 

economy target standard value for each 

unique model type and footprint 

combination. 

Model type 

Description Base tire 

size 

Wheelbase 

(inches) 

Track 

width 

F&R average 

(inches) 

Footprint 

(ft2) Volume 

Fuel 

economy 

target 

standard 

(mpg) 

Group Carline name Basic engine (L) 

Transmission 

class 

1 .......... Pickup A 2WD .. 4 A5 Reg cab, MB 235/75R15 100.0 68.8 47.8 800 27.30 

2a ........ Pickup B 2WD .. 4 M5 Reg cab, MB 235/75R15 100.0 68.2 47.4 100 27.44 

2b ........ Pickup B 2WD .. 4 M5 Reg cab, MB 235/70R16 100.0 68.4 47.5 100 27.40 

3 .......... Pickup C 2WD .. 4.5 A5 Reg cab, LB 255/70R17 125.0 68.8 59.7 300 23.79 

4 .......... Pickup C 2WD .. 4 M5 Ext cab, MB 255/70R17 125.0 68.8 59.7 400 23.79 

5 .......... Pickup C 4WD .. 4.5 A5 Crew cab, SB 275/70R17 150.0 69.0 71.9 400 22.27 

6a ........ Pickup D 2WD .. 4.5 A6 Crew cab, SB 255/70R17 125.0 68.8 59.7 200 23.79 

6b ........ Pickup D 2WD .. 4.5 A6 Crew cab, SB 285/70R17 125.0 69.2 60.1 200 23.68 

7 .......... Pickup E 2WD .. 5 A6 Ext cab, LB .. 255/70R17 125.0 68.8 59.7 500 23.79 

8 .......... Pickup E 2WD .. 5 A6 Crew cab, 

MB.

285/70R17 125.0 69.2 60.1 500 23.68 

9 .......... Pickup F 2WD .. 4.5 A5 Reg cab, LB 255/70R17 125.0 68.9 59.8 1,600 23.76 

10 ........ Pickup F 4WD .. 4.5 A5 Ext cab, MB 275/70R17 150.0 69.0 71.9 800 22.27 

11 ........ Pickup F 4WD .. 4.5 A5 Crew cab, SB 285/70R17 150.0 69.2 72.1 800 22.27 

Total .................................................................................................................................................................................. 6,700 

Note to Appendix A, Table 2. With the 

appropriate fuel economy targets determined 

for each unique model type and footprint 

combination, Manufacturer X’s required fuel 

economy target standard would be calculated 

as illustrated in Appendix A, Figure 1. 

BILLING CODE 6560–50–P 

mstockstill on DSKB9S0YB1PROD with RULES2

25726 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 


mstockstill on DSKB9S0YB1PROD with RULES2ER07MY10.066</GPH>
Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 25727 

BILLING CODE 6560–50–C 

Note to Appendix A, Figure 2. Since the 

actual average fuel economy of Manufacturer 

X’s fleet is 23.3 mpg, as compared to its 

required fuel economy level of 23.5 mpg, 

Manufacturer X did not comply with the 

CAFE standard for MY 2012 as set forth in 

section 533.5(i). 

PART 536—TRANSFER AND TRADING 

OF FUEL ECONOMY CREDITS 

■ 7. The authority citation for part 563 

continues to read as follows: 

Authority: Sec. 104, Pub. L. 110–140 (49 

U.S.C. 32903); delegation of authority at 49 

CFR 1.50. 

■ 8. Amend § 536.3 by revising the 

definition of ‘‘Transfer’’ in paragraph (b) 

to read as follows: 

§ 536.3 Definitions. 

* * * * * 

(b) * * * 

Transfer means the application by a 

manufacturer of credits earned by that 

manufacturer in one compliance 

category or credits acquired be trade 

(and originally earned by another 

manufacturer in that category) to 

achieve compliance with fuel economy 

standards with respect to a different 

compliance category. For example, a 

manufacturer may purchase light truck 

credits from another manufacturer, and 

transfer them to achieve compliance in 

the manufacturer’s domestically 

manufactured passenger car fleet. 

Subject to the credit transfer limitations 

of 49 U.S.C. 32903(g)(3), credits can also 

be transferred across compliance 

categories and banked or saved in that 

category to be carried forward or 

backwards later to address a credit 

shortfall. 

* * * * * 

■ 9. Amend § 536.4 by revising the 

values for the terms VMTe and VMTu in 

paragraph (c) to read as follows: 

§ 536.4 Credits. 

* * * * * 

(c) * * * 

VMTe = Lifetime vehicle miles 

traveled as provided in the following 


mstockstill on DSKB9S0YB1PROD with RULES2ER07MY10.067</GPH>
25728 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Rules and Regulations 

table for the model year and compliance 

category in which the credit was earned. 

VMTu = Lifetime vehicle miles 

traveled as provided in the following 

table for the model year and compliance 

category in which the credit is used for 

compliance. 

Model year 

Lifetime Vehicle Miles Traveled (VMT) 

2012 2013 2014 2015 2016 

Passenger Cars ................................................................... 177,238 177,366 178,652 180,497 182,134 

Light Trucks ......................................................................... 208,471 208,537 209,974 212,040 213,954 

* * * * * 

PART 537—AUTOMOTIVE FUEL 

ECONOMY REPORTS 

■ 10. The authority citation for part 537 

continues to read as follows: 

Authority: 49 U.S.C. 32907, delegation of 

authority at 49 CFR 1.50. 

■ 11. Amend § 537.5 by revising 

paragraph (c)(4) to read as follows: 

§ 537.5 General requirements for reports. 

* * * * * 

(c) * * * 

(4) Be submitted in 5 copies to: 

Administrator, National Highway 

Traffic Safety Administration, 1200 New 

Jersey Avenue, SE., Washington, DC 

20590, or submitted electronically to the 

following secure e-mail address: 

cafe@dot.gov. Electronic submissions 

should be provided in a pdf format. 

* * * * * 

§ 537.6 [Amended] 

■ 12. Amend § 537.6 by removing 

paragraph (c)(1) and redesignating 

paragraph (c)(2) as paragraph (c). 

■ 13. Amend § 537.7 by revising 

paragraphs (c)(4)(xvi)(A)(4) and 

(c)(4)(xvi)(B)(4) to read as follows: 

§ 537.7 Pre-model year and mid-model 

year reports. 

* * * * * 

(c) * * * 

(4) * * * 

(xvi)(A) * * * 

(4) Beginning model year 2010, front 

axle, rear axle and average track width 

as defined in 49 CFR 523.2, 

* * * * * 

(B) * * * 

(4) Beginning model year 2010, front 

axle, rear axle and average track width 

as defined in 49 CFR 523.2, 

* * * * * 

■ 14. Amend § 537.8 by revising 

paragraph (c)(1) and removing and 

reserving paragraph (c)(2) to read as 

follows: 

§ 537.8 Supplementary reports. 

* * * * * 

(c)(1) Each report required by 

paragraph (a)(1), (2), or (3) of this 

section must be submitted in 

accordance with § 537.5(c) not more 

than 45 days after the date on which the 

manufacturer determined, or could have 

determined with reasonable diligence, 

that a report is required under 

paragraph (a)(1), (2), or (3) of this 

section. 

(2) [Reserved] 

* * * * * 

■ 15. Amend § 537.9 by revising 

paragraph (c) to read as follows: 

§ 537.9 Determination of fuel economy 

values and average fuel economy. 

* * * * * 

(c) Average fuel economy. Average 

fuel economy must be based upon fuel 

economy values calculated under 

paragraph (b) of this section for each 

model type and must be calculated in 

accordance with subpart F of 40 CFR 

part 600, except that fuel economy 

values for running changes and for new 

base levels are required only for those 

changes made or base levels added 

before the average fuel economy is 

required to be submitted under this part. 

* * * * * 

PART 538—MANUFACTURING 

INCENTIVES FOR ALTERNATIVE FUEL 

VEHICLES 

■ 16. The authority citation for part 538 

continues to read as follows: 

Authority: 49 U.S.C. 32901, 32905, and 

32906; delegation of authority at 49 CFR 1.50. 

■ 17. Revise § 538.1 to read as follows: 

§ 538.1 Scope. 

This part establishes minimum 

driving range criteria to aid in 

identifying passenger automobiles that 

are dual-fueled automobiles. It also 

establishes gallon equivalent 

measurements for gaseous fuels other 

than natural gas. 

■ 18. Revise § 538.2 to read as follows: 

§ 538.2 Purpose. 

The purpose of this part is to specify 

one of the criteria in 49 U.S.C. chapter 

329 ‘‘Automobile Fuel Economy’’ for 

identifying dual-fueled passenger 

automobiles that are manufactured in 

model years 1993 through 2019. The 

fuel economy of a qualifying vehicle is 

calculated in a special manner so as to 

encourage its production as a way of 

facilitating a manufacturer’s compliance 

with the Corporate Average Fuel 

Economy standards set forth in part 531 

of this chapter. The purpose is also to 

establish gallon equivalent 

measurements for gaseous fuels other 

than natural gas. 

■ 19. Amend § 538.7 by revising 

paragraph (b)(1) to read as follows: 

§ 538.7 Petitions for reduction of minimum 

driving range. 

* * * * * 

(b) * * * 

(1) Be addressed to: Administrator, 

National Highway Traffic Safety 

Administration, 1200 New Jersey 

Avenue, SE., Washington, DC 20590. 

* * * * * 

Dated: April 1, 2010. 

Ray LaHood, 

Secretary, Department of Transportation. 

Dated: April 1, 2010. 

Lisa P. Jackson, 

Administrator, Environmental Protection 

Agency. 

[FR Doc. 2010–8159 Filed 5–6–10; 8:45 am] 

BILLING CODE 6560–50–P 

mstockstill on DSKB9S0YB1PROD with RULES2