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Gross Vehicle Weight Rating or lessunder 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-dutytrucks, heavy-duty vehicles, and heavyduty 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 and 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 CO 2 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 (CO 2 ) starting with the 2012 model year.

(j) Conditional exemption from greenhouse gas emission standards for small businesses. Businesses meeting the Small Business Administration size standard defining a small business as described in 13 CFR 121.201 are eligible for exemption from the greenhouse gas emission standards specified in § 86.1818–12 and associated provisions. To be exempted from these provisions, businesses must submit a declaration to EPA containing a detailed written description of how the business qualifies as a small business under the provisions of 13 CFR 121.201. This declaration must be signed by a chief officer of the company, and must be made prior to each model year for which the small business status 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 small business status is requested, but not later than December of the calendar year prior to the model year for which exemption is requested. Exemption will be granted when EPA approves the small business declaration. The declaration of small business status must be sent to the Environmental Protection Agency at the following address: Director, Certification and Innovative Strategies Division, U.S. Environmental Protection Agency, 2000 Traverwood Drive, Ann Arbor, Michigan 48105.

(1) The following categories of businesses (with their associated NAICS codes) may apply for exemption based on the Small Business Administration size standards in 13 CFR 121.201.

(i) Vehicle manufacturers (NAICS code 336111).

(ii) Independent commercial importers (NAICS codes 811111, 811112, 811198, 423110, 424990, and 441120).

(iii) Alternate fuel vehicle converters (NAICS codes 335312, 336312, 336322, 336399, 454312, 485310, and 811198).

(2) For purposes of determining the number of employees or annual sales revenue for small entities, the entity shall include the employees or annual sales revenue of any subsidiary companies, any parent company, subsidiaries of the parent company in which the parent has a controlling interest, and any joint ventures.

(3) An entity may use the provisions of this paragraph (j) only if it has primary responsibility for designing and assembling, converting, or modifying the subject vehicles.

(4) An entity may import vehicles under this paragraph (j) only if that entity has primary responsibility for designing and assembling, converting or modifying the subject vehicles.

11. 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 ‘‘Battery electric vehicle.’’

i. By adding the definition for ‘‘Carbon-related exhaust emissions.’’

j. By adding the definition for ‘‘Combined CO 2 .’’

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.’’

q. By adding the definition for ‘‘Fuel cell electric vehicle.’’

r. By adding the definition for ‘‘Highway fuel economy test procedure.’’

s. By adding the definition for ‘‘Hybrid electric vehicle.’’

t. By adding the definition for ‘‘Interior volume index.’’

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; theVerDate Nov<24>2008 23:31 Sep 25, 2009 Jkt 217001 PO 00000 Frm 00302 Fmt 4701 Sfmt 4700 E:\FR\FM\28SEP2.SGM 28SEP2mstockstill on DSKH9S0YB1PROD with PROPOSALS 

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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 type of flexible hose ( e.g., rubber, standard barrier or veneer, ultra-low permeation).

* * * * *

Banking means one of the following: (1) The retention of NO X 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.

(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 NO X 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 CO 2 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.

Battery electric vehicle means a motor vehicle propelled solely by an electric motor where energy for the motor is supplied by a battery.

* * * * *

Carbon-related exhaust emissionsmeans the summation of the carboncontaining constituents of the exhaust emissions, with each constituent adjusted by a coefficient representing the carbon weight fraction of each constituent, as specified in § 600.113–

08.

* * * * *

Combined CO 2 means the CO 2 value determined for a vehicle (or vehicles) by averaging the city and highway fuel economy 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) Recharge energy must be drawn 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).

* * * * *

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 (C 2H 5 OH) by volume) as fuel.

* * * * *

Flexible fuel vehicle means any motor vehicle engineered and designed to be operated on a petroleum fuel, a methanol or ethanol fuel, or any mixture of the two. Methanol-fueled and ethanol-fueled 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 means an electrochemical cell that produces electricity via the reaction of a consumable fuel on the anode with an oxidant on the cathode in the presence of an electrolyte.

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.

* * * * *

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.

* * * * *

Interior volume index has the meaning given in § 600.315–08 of this chapter.

* * * * *

Motor vehicle has the meaning given in 40 CFR 85.1703.

* * * * *

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 40 CFR part 88.104–94(g).

Plug-in hybrid electric vehicle (PHEV) means a hybrid electric vehicle that:

(1) 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, and

(2) Has an equivalent all-electric range of no less than 10 miles.

* * * * *

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.

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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.

* * * * *

Wheelbase is the longitudinal distance between front and rear wheel centerlines.

* * * * *

12. A new section 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 fleet average CO 2 emission standards.

(b) Manufacturers may elect to optionally certify a test group to the Tier 2 exhaust emission standards for 150,000 miles to gain additional NO X 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. 13. 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) systemcapable 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 CO 2 are not required to be monitored by the OBD system.

* * * * *

14. Section 86.1809–10 is amended by revising paragraphs (d)(1) and (e) to read as follows:

**§ 86.1809–10 Prohibition of defeat devices.**

* * * * *

(d) * * * (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, for 2012 and later model years, the Highway Fuel Economy Test Procedure or the Air Conditioning Idle Test, when the vehicle is operated under conditions that may reasonably be expected to be encountered in normal operation and

use. * * * * *

(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 thata discontinuity in emissions of nonmethane organic gases, carbon monoxide, carbon dioxide, oxides of nitrogen and formaldehyde measured on the Federal Test Procedure (subpart B of this part) does not occur in the temperature range of 20 to 86 ° F. For diesel vehicles, the engineering evaluation must also include particulate emissions. 15. 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 CO 2 , N 2 O, 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.

* * * * *

16. 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 regulations implementing greenhouse gas emission standards for CO 2, N 2 O, and CH4 applicable to all LDVs, LDTs and MDPVs. 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 electric 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, andVerDate Nov<24>2008 23:31 Sep 25, 2009 Jkt 217001 PO 00000 Frm 00304 Fmt 4701 Sfmt 4700 E:\FR\FM\28SEP2.SGM 28SEP2mstockstill on DSKH9S0YB1PROD with PROPOSALS 

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medium-duty passenger vehicles. Manufacturers meeting the requirements of § 86.1801–12(j) are exempted from the requirements of this section.

(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 by the Department of Transportation 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 vehicles, manufacturers must comply with a fleet average CO 2 standard calculated according to the provisions of this paragraph (c). Manufacturers must calculate separate fleet average CO 2 standards for their passenger automobile and the light truck fleets, as those terms are defined in this section. Each manufacturer’s fleet average CO 2 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 optional interim fleet average CO 2 standards for qualifying manufacturers specified in paragraph (e) of this section shall not include vehicles subject to the optional interim fleet average CO 2 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 CO 2 target values for passenger automobiles. A CO 2 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 CO 2 target value shall be selected for the appropriate model year from the following table:

Model year CO 2 target value (grams/mile)

2012 ................................ 2013 ................................ 2014 ................................ 2015 ................................ 2016 and later ................ 242 234 227 215 204

(B) For passenger automobiles with a footprint of greater than 56 square feet, the gram/mile CO 2 target value shall be selected for the appropriate model year from the following table:

Model year CO 2 target value (grams/mile)

2012 ................................ 2013 ................................ 2014 ................................ 2015 ................................ 2016 and later ................ 313 305 297 286 275

(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 CO 2 target value shall be calculated using the following equation:

TargetCO 2 = [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 ................................ 2013 ................................ 2014 ................................ 2015 ................................ 2016 and later ................ 48.8 40.8 33.2 22.0 10.9

(ii) Calculation of the fleet average CO2 standard for passenger automobiles. In each model year manufacturers must comply with the CO 2 exhaust emission standard for their passenger automobile fleet, calculated for that model year as follows:

(A) A CO 2 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 CO 2 target value, determined for each 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 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 CO 2 standard for the manufacturer’s passenger automobile fleet.

(3) Light trucks. (i) Calculation of CO 2 target values for light trucks. A CO 2 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 CO 2 target value shall be selected for the appropriate model year from the following table: Model year CO 2 target value (grams/mile)

2012 ................................ 2013 ................................ 2014 ................................ 2015 ................................ 2016 and later ................ 298 287 276 261 246

(B) For light trucks with a footprint of greater than 66 square feet, the gram/ mile CO 2 target value shall be selected for the appropriate model year from the following table:

Model year CO 2 target value (grams/mile)

2012 ................................ 2013 ................................ 2014 ................................ 2015 ................................ 2016 and later ................ 399 388 377 362 347

(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 CO 2 target value shall be calculated using the following equation:

CO 2TargetValue = (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 ................................ 2013 ................................ 2014 ................................ 2015 ................................ 2016 and later ................ 132.6 121.6 110.3 95.2 80.4

(ii) Calculation of fleet average CO2 standards for light trucks. In each model year manufacturers must comply with the CO 2 exhaust emission standard for their light truck fleet, calculated for that model year as follows:

(A) A CO 2 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 CO 2 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 CO 2 standard for the manufacturer’s light truck fleet.

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shall be the combined city/highway carbon-related exhaust emission value calculated according to the provisions of 40 CFR 600.208–08 (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. 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. For any model type that is not covered by vehicle testing conducted according to 40 CFR 600.208–08 the applicable in-use standard shall be the CO 2 -equivalent value submitted at certification according to the provisions of § 86.1841 multiplied by 1.1 and rounded to the nearest whole gram per mile.

(e) Optional interim fleet average CO2 standards for qualifying manufacturers. (1) The interim fleet average CO 2 standards in this paragraph (e) are optionally applicable to each qualifying manufacturer as follows:

(i) A qualifying manufacturer is a manufacturer with sales of 2009 model year combined passenger automobiles and light trucks in the United States of less than 400,000 vehicles, except that manufacturers with no U.S. sales in the 2009 model year do not qualify for the optional interim standards.

(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) Only 2012 through 2015 model year passenger automobiles and light trucks are eligible for these standards. All model year 2016 and later passenger automobiles and light trucks are subject to the fleet average standards described in paragraph (c) of this section.

(iv) A qualifying manufacturer may select any combination of 2012 through 2015 model year passenger automobiles and/or light trucks to comply with these optional standards 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.

(v) A qualifying manufacturer may not use these optional interim fleet average CO 2 standards until they have used all available banked CO 2 credits and/or CO 2 credits available for transfer. A qualifying manufacturer with a net positive credit balance in any model year after considering all available credits generated, carried forward from a prior model year, transferred from other averaging sets, or obtained from other manufacturers, may not use these optional interim fleet average CO 2 standards in such model year.

(2) To calculate an optional interim fleet average CO 2 standard, 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 interim fleet average CO 2 standard, subject to the limitations expressed in paragraphs (e)(1)(iii) and (iv) of this section.

(i) The interim fleet average CO 2 standard applicable to qualified passenger automobiles 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 interim fleet average CO 2 standard.

(ii) The interim fleet average CO 2 standard applicable to qualified light trucks 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 interim fleet average CO 2 standard.

(3) Manufacturers choosing to optionally apply these standards are subject to the restrictions on credit banking and trading specified in § 86.1865–12.

(f) N 2 O standards for light-dutyvehicles, light-duty trucks, and mediumduty passenger vehicles. Exhaust emissions of nitrous oxide (N 2 O) shall not exceed 0.010 grams per mile at full useful life, as measured according to the Federal Test Procedure (FTP) described in subpart B of this part.

(g) Methane standards for light-dutyvehicles, light-duty trucks, and mediumduty passenger vehicles. 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.

17. 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) CO 2 . (i) Unless otherwise specified under paragraph (m)(1)(ii) of this section, manufacturers may use a multiplicative CO 2 deterioration factor of one or an additive deterioration factor of zero.

(ii) Based on an analysis of industrywide data, EPA may periodically establish and/or update the deterioration factor for CO 2 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.

(iii) Alternatively, manufacturers may use the whole-vehicle mileage accumulation procedures in § 86.1823– 08 paragraphs (c) or (d)(1) to determine CO 2 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 CO 2 results determined by averaging the city (FTP) and highway (HFET) CO 2 values, weighted 0.55 and 0.45 respectively. The deterioration factor will be determined for this combined CO 2 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 CO 2 emission deterioration over the vehicle’s useful life, the manufacturer may petition EPA to request a more appropriate deterioration factor.

(2) N 2 O and CH 4 . Deterioration factors for N 2 O and CH4 shall be determined according to the provisions of § 86.1823–08.

(3) Air Conditioning leakage and efficiency or other emission credit requirements to comply with exhaust CO 2 standards. Manufactures will attest to the durability of components and systems used to meet the CO 2 standards. Manufacturers may submit engineering data to provide durability demonstration.VerDate Nov<24>2008 23:31 Sep 25, 2009 Jkt 217001 PO 00000 Frm 00306 Fmt 4701 Sfmt 4700 E:\FR\FM\28SEP2.SGM 28SEP2mstockstill on DSKH9S0YB1PROD with PROPOSALS 

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18. 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 CO 2 ), 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 thattest 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 CO 2 standard, the light-duty truck idle CO 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.

19. 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 model year only, in lieu of testing a vehicle for N 2 O 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.

* * * * *

20. 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 applicable exhaust CO 2 emission standards may be conducted under the provisions of 40 CFR 600.008–01.

(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 CO 2 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 or carbon-related exhaust emissions 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).

(i) For use in the fuel economy and CO 2 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 the higher of the original and confirmatory test CO 2 results.

(ii) The manufacturer shall conduct a second retest of the FTP or highway test if the fuel economy or CO 2 emissions 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 or CO 2 emissions 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 CO 2 fleet averaging program) the lowest fuel economy and highest CO 2 emissions of the original test, the first confirmatory test, and the second confirmatory test fuel economy results.

(c) *** (1) * * * (ii) Official test results for fuel economy and exhaust CO 2 emission purposes are determined in accordance with the provisions of 40 CFR 600.008–

01.

* * * * *

21. 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 CO 2 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. * * * * *

22. 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.

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(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 CO 2 emission standards under this subpart shall also be tested in accordance with the highway fuel economy test as described in subpart B of 40 CFR part 600.

* * * * *

(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 CO 2 emission standards under this subpart shall also be tested in accordance with the highway fuel economy test as described in subpart B of 40 CFR part 600. 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).

* * * * *

23. 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 notapply to heavy-duty vehicles or heavyduty engines prior to the 2007 model year. These provisions do not apply to emissions of CO 2 , CH4 , and N 2 O.

* * * * *

(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 CO 2, CH4 , and N 2 O) 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.

* * * * *

24. 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 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 CO 2 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 CO 2 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).

* * * * * 25. 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 orVerDate Nov<24>2008 23:31 Sep 25, 2009 Jkt 217001 PO 00000 Frm 00308 Fmt 4701 Sfmt 4700 E:\FR\FM\28SEP2.SGM 28SEP2mstockstill on DSKH9S0YB1PROD with PROPOSALS 

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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.

26. A new § 86.1865–12 is added to subpart S to read as follows:

**§ 86.1865–12 How to comply with the fleet average CO**  2 **standards.**

(a) Applicability. (1) Unless otherwise exempted under the provisions of § 86.1801–12(j), CO 2 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.

(b) Useful life requirements. Full useful life requirements for CO 2 standards are defined in § 86.1818–12. There is not an intermediate useful life standard for CO 2 standards.

(c) Altitude. Altitude requirements for CO 2 standards are provided in § 86.1810–12(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 fleet average CO 2 standards under § 86.1801–12(j).

(e) CO 2 fleet average exhaust emission standards. The fleet average standards referred to in this section are the corporate fleet average CO 2 standards for passenger automobiles and light trucks set forth in 86.1818–12(c) and (e). The fleet average CO 2 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 CO 2 fleetaverage standard on a productionweighted average basis, for each separate averaging set, at the end of each model year, using the procedure described in paragraph (c) of this section.

(f) In-use CO 2 standards. In-use CO 2 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 CO 2 exhaust emission standards are provided in § 86.1823–08(m).

(h) Vehicle test procedures. (1) The test procedures for demonstrating compliance with CO 2 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 CO 2 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 86.1810–12(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 600 subpart F 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:VerDate Nov<24>2008 23:31 Sep 25, 2009 Jkt 217001 PO 00000 Frm 00309 Fmt 4701 Sfmt 4700 E:\FR\FM\28SEP2.SGM 28SEP2mstockstill on DSKH9S0YB1PROD with PROPOSALS 

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(i) Passenger automobiles subject to the fleet average CO 2 standards specified in § 86.1818–12(c)(2);

(ii) Light trucks subject to the fleet average CO 2 standards specified in § 86.1818–12(c)(3);

(iii) Passenger automobiles subject to the optional interim fleet average CO 2 standards specified in § 86.1818–12(e), if applicable; and

(iv) Light trucks subject to the optional interim fleet average CO 2 standards specified in § 86.1818–12(e), if applicable.

(j) Certification compliance and enforcement requirements for CO 2 exhaust emission standards. (1) Compliance and enforcement requirements are provided in § 86.1864– 10 and § 86.1848–10(c)(8).

(2) The certificate issued for each test group requires all model types within that test group to meet the emission standard to which each model type is certified.

(3) Each manufacturer must comply with the applicable CO 2 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) Manufacturers must compute separate CO 2 fleet averages for passenger automobiles and light trucks. The production-weighted CO 2 fleet averages must be compared with the applicable fleet average standard.

(5) 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 CO 2 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 CO 2 credits as authorized under paragraph (k)(7) 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 CO 2 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)(7) 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)(7) 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 CO 2 averaging, banking and trading (ABT)

program. (1) A manufacturer whose CO 2 fleet average emissions exceed the applicable standard must complete the calculation in paragraph (k)(4) of this section to determine the size of its CO 2 deficit. A manufacturer whose CO 2 fleet average emissions are less than the applicable standard must complete the calculation in paragraph (k)(4) of this section to generate CO 2 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 CO 2 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 requirements of paragraph (l) of this section for CO 2 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, the number of credits or debits it has generated according to the following equation, rounded to the nearest

megagram: CO 2 Credits or Debits (Mg) = [(CO 2 Standard—Manufacturer’s Production-Weighted Fleet Average CO 2 Emissions) × (Total Number of Vehicles Produced) × (Vehicle Lifetime Miles)] ÷ 1,000,000 Where:

CO 2 Standard = the applicable standard for the model year as determined by § 86.1818–12; Manufacturer’s Production-Weighted Fleet Average CO 2 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 40 CFR 600.511–80; and Vehicle Lifetime Miles is 190,971 for passenger automobiles and 221,199 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 CO 2 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 CO 2 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 changeSelective 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 manufacturerVerDate Nov<24>2008 23:31 Sep 25, 2009 Jkt 217001 PO 00000 Frm 00310 Fmt 4701 Sfmt 4700 E:\FR\FM\28SEP2.SGM 28SEP2mstockstill on DSKH9S0YB1PROD with PROPOSALS 

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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)(7) of this section). Manufacturers must track their certification levels and production unless they produce only vehicles certified to CO 2 levels below the standard and do not plan to bank credits.

(iii) Special provisions for manufacturers using the optional interim fleet average CO 2 standards. (A) Credits generated by vehicles subject to the fleet average CO 2 standards specified in § 86.1818–12(c) may only be used to offset a deficit generated by vehicles subject to the optional interim fleet average CO 2 standards specified in § 86.1818–12(e).

(B) Credits generated by a passenger automobile or light truck averaging set subject to the optional interim fleet average CO 2 standards specified in § 86.1818–12(e)(2)(i) or (ii) of this section may be used to offset a deficit generated by an averaging set subject to the optional interim fleet average CO 2 standards through the 2015 model year.

(C) Credits generated by an averaging set subject to the optional interim fleet average CO 2 standards specified in § 86.1818–12(e)(2)(i) or (ii) of this section may not be used to offset a deficit generated by an averaging set subject to the fleet average CO 2 standards specified in § 86.1818– 12(c)(2) or (3) or otherwise transferred to an averaging set subject to the fleet average CO 2 standards specified in § 86.1818–12(c)(2) or (3).

(D) Credits generated by vehicles subject to the optional interim fleet average CO 2 standards specified in § 86.1818–12(e)(2)(i) or (ii) may be banked for use in a future model year, except that all such credits shall expire at the end of the 2015 model year.

(E) A manufacturer with any vehicles subject to the optional interim fleet average CO 2 standards specified in § 86.1818–12(e)(2)(i) or (ii) of this section in a model year in which that manufacturer also generates credits with vehicles subject to the fleet average CO 2 standards specified in § 86.1818–12(c) may not trade those credits or bank those 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 CO 2 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 deficit failed to be offset and round to the nearest whole number to determine the number of vehicles not meeting the fleet average CO 2 standards.

(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 CO 2 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 CO 2 credit trading:

(i) EPA may reject CO 2 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)(i) 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 CO 2 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 CO 2 standards for each averaging set as defined in paragraph (i) of this section.VerDate Nov<24>2008 23:31 Sep 25, 2009 Jkt 217001 PO 00000 Frm 00311 Fmt 4701 Sfmt 4700 E:\FR\FM\28SEP2.SGM 28SEP2mstockstill on DSKH9S0YB1PROD with PROPOSALS 

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### 49763

(C) The calculated fleet average CO 2 value for each averaging set as defined in paragraph (i) of this section.

(D) All values used in calculating the fleet average CO 2 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 CO 2 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 we ask for them. 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 CO 2 standard, the calculated fleet average CO 2 value, all values required to calculate the CO 2 emissions value, the number of credits generated or debits incurred, all the values required to calculate the credits or debits, and the resulting balance of credits or debits.

(ii) For each applicable fleet average CO 2 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 (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:

(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 under paragraph (c) of this section shall report, 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 carbon-related exhaust emission value by model type and model year.

(v) 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.

(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, 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 revoking 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.

27. A new section 86.1866–12 is added to subpart S to read as follows:

**§ 86.1866–12 CO** 2 **fleet average credit**
**programs.**

(a) Additional credits for certification of advanced technology vehicles. A manufacturer may generate additional credits by certifying and producing electric vehicles, plug-in hybrid electric vehicles, or fuel cell electric vehicles, as those terms are defined in § 86.1803–01, in the 2012 through 2016 model years. When calculating the fleet average CO 2 emissions according to the provisions of part 600 subpart F of this chapter, the manufacturer may multiply the number of advanced technology vehicles produced by [1.2–2.0]. This multiplier may be used if the following conditions

are met:

(1) Documentation of the use of this multiplier and the number of credits generated by its use shall be included in the annual report to the Administrator;

(2) Vehicles must be certified to Tier 2 Bin No. 5 or a more stringent set of emissions standards in § 86.1811– 04(c)(6);

(3) These multipliers may not be used after the 2016 model year;

(b) Credits for reduction of air conditioning refrigerant leakage. Manufacturers may generate credits applicable to the CO 2 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 paragraphVerDate Nov<24>2008 23:31 Sep 25, 2009 Jkt 217001 PO 00000 Frm 00312 Fmt 4701 Sfmt 4700 E:\FR\FM\28SEP2.SGM 28SEP2EP28SE09.056</MATH> EP28SE09.057</MATH>mstockstill on DSKH9S0YB1PROD with PROPOSALS 

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(b) for each air conditioning system that grams per year according to the determined according to the following the manufacturer is using to generate provisions of § 86.166–12. formulae, rounded to the nearest tenth CO 2 credits. (2) The CO 2 -equivalent gram per mile of a gram per mile:

(1) The manufacturer shall calculate leakage reduction to be used to calculate (i) Passenger automobiles: an annual rate of refrigerant leakage the total credits generated by the air from an air conditioning system in conditioning system shall be



### ⎤ ⎞ ⎥

⎥ ⎦ ⎟ ⎠ GWP HFC 13 4 a

13 4 a 

### GWP NEW



### GWP NEW 

### GWP HFC 

### ×

× Leakage

Leakage

20 7

. 16 6

. L eakage credit = M a

x C redit

L eakage credit = M a

x C redit not R134a, as determined by the Administrator; GWP HFC134a means the global warming potential of HFC 134a, which shall be equal to 1430 unless determined otherwise by the Administrator. (ii) Light trucks:



### ⎤ ⎞ ⎥

⎥ ⎦ ⎟ ⎠

being used to reduce cabin air temperature and the outside air temperature is greater than 75 ° F: 1.7 g/ mi.

(iv) Blower motor and cooling fan controls which limit waste energy ( e.g. pulsewidth modulated power controller): 0.9 g/mi.

(v) Electronic expansion valve: 1.1 g/ mi.

(vi) Improved evaporators and condensers (with system analysis on each component indicating a coefficient of performance improvement greater than 10%, when compared to previous design): 1.1 g/mi.

(vii) Oil separator: 0.6 g/mi. (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: 

### 1

− ⎛

provisions of § 86.166–12(a), except if the calculated rate is less than 8.3 grams per year the rate for the purpose of this formula shall be 8.3 grams per year;
GWP NEW means the global warming potential of the refrigerant, if such refrigerant is 

### ⎜ ⎝ ⎢ ⎢ ⎣ ⎛

⎛ 1

− ⎜ ⎝ ⎢ ⎢ ⎣

(c) Credits for improving air conditioning system efficiency. Manufacturers may generate credits applicable to the CO 2 fleet average program described in § 86.1865–12 by implementing specific air conditioning system technologies designed to reduce air conditioning-related CO 2 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 CO 2 credits. Manufacturers may also generate early air conditioning efficiency credits under this paragraph (b) for the 2009 through 2011 model years according to the provisions of § 86.1867–12(c). 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: 1.7 g/mi.

(ii) Reduced reheat, with externallycontrolled, fixed-displacement or pneumatic variable displacement compressor: 1.1 g/mi.

(iii) Default to recirculated air mode whenever the air conditioning system is 

### ⎜ ⎝

⎛ ⎜ ⎝ ⎞ ⎟ ⎠

⎞ ⎟ ⎠ ⎡

⎡ ×

×

Where:

MaxCredit is 15.6 for air conditioning systems using HFC 134a, and 17.2 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 per year the rate for the purpose of this formula shall be 10.4 grams per year; GWP NEW means the global warming potential of the refrigerant, if such refrigerant is not HFC 134a, as determined by the Administrator; GWP R134a means the global warming potential of HFC 134a, which shall be equal to 1430 unless determined otherwise 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 CO 2 -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 190,971 and for light trucks shall be 221,199. (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). Where: MaxCredit is 12.6 for air conditioning systems using HFC 134a, and 13.8 for air conditioning systems using a refrigerant with a lower global warming potential. Leakage means the annual refrigerant leakage rate determined according to theVerDate Nov<24>2008 23:31 Sep 25, 2009 Jkt 217001 PO 00000 Frm 00313 Fmt 4701 Sfmt 4700 E:\FR\FM\28SEP2.SGM 28SEP2mstockstill on DSKH9S0YB1PROD with PROPOSALS 

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Credit = the CO 2 efficiency credit value in grams per mile determined in paragraph (c)(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 the efficiency credit value from paragraph (c)(2) of this section applies. VLM = vehicle lifetime miles, which for passenger cars shall be 190,971 and for light trucks shall be 221,199. (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 CO 2 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 CO 2 emissions.

(iii) For an air conditioning system to be eligible to generate credits in the 2014 and later model years, the increased CO 2 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 14.9 grams per minute.

(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 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 and cooling fan 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) Electronic expansion valve means a valve which throttles the expansion of the refrigerant where the position of the valve (and flow of refrigerant) 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).

(vi) Improved evaporators and condensers 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.

(vii) 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 CO 2 reduction is not captured on the Federal Test Procedure or the Highway Fuel Economy Test. Manufacturers may optionally generate credits applicable to the CO 2 fleet average program described in § 86.1865–12 by implementing innovative technologies that have a measurable, demonstrable, and verifiable real-world CO 2 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 following must be

true:

(i) The technology must be aninnovative and novel vehicle- or enginebased approach to reducing greenhouse gas emissions, and not in widespread

use.

(ii) The CO 2 -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 CO 2 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 CO 2 -reducing potential of an innovative off-cycle technology. The option described in paragraph (d)(2)(ii) of this section mayVerDate Nov<24>2008 23:31 Sep 25, 2009 Jkt 217001 PO 00000 Frm 00314 Fmt 4701 Sfmt 4700 E:\FR\FM\28SEP2.SGM 28SEP2mstockstill on DSKH9S0YB1PROD with PROPOSALS 

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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 CO 2 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 40 CFR

600.114–08.

(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 exhaustemission 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 CO 2 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 190,971 and for light trucks shall be 221,199.

28. A new § 86.1867–12 is added to subpart S to read as follows:

**§ 86.1867–12 Optional early CO** 2 **credit**
**programs.**

Manufacturers may optionally generate CO 2 credits in the 2009 through 2011 model years for use in the 2012 and later model years subject 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.

(a) Early fleet average CO2 reduction credits. Manufacturers may optionally generate credits for reductions in their fleet average CO 2 emissions achieved in the 2009 through 2011 model years. To generate early fleet average CO 2 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 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 CO 2 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 40 CFR 600.510–12, 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 40 CFR 600.510–12(j)(2)(ii)(B), 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 40 CFR 600.510–12(j)(2)(iii)(B), 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 40 CFR 600.510–12(j)(2)(vi), 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 calculated according to the provisions of 40 CFRVerDate Nov<24>2008 23:31 Sep 25, 2009 Jkt 217001 PO 00000 Frm 00315 Fmt 4701 Sfmt 4700 E:\FR\FM\28SEP2.SGM 28SEP2mstockstill on DSKH9S0YB1PROD with PROPOSALS 

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600.510–12(j)(2)(vii), 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) 40 CFR 600.510–12(j)(3) shall not apply. Electric, fuel cell electric, 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.

(iv) Fleet average CO 2 credit threshold values.

Model year LDV/LDT1 LDT2/HLDT/ MDPV

2009 ........................................................................................... 2010 ........................................................................................... 2011 ........................................................................................... 321 ............................................................................................ 299 ............................................................................................ 265 ............................................................................................ 437 418 388

(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: CO 2 Credits or Debits (Mg) = [(CO 2 Credit Threshold ¥ Manufacturer’s Sales Weighted Fleet Average CO 2 Emissions) × (Total Number of Vehicles Sold) × (Vehicle Lifetime Miles)] ÷ 1,000,000

Where:

CO 2 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 CO 2 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 40 CFR 600.511–80; and Vehicle Lifetime Miles is 190,971 for the LDV/LDT1 averaging set and 221,199 for the LDT2/HLDT/MDPV averaging set. (vi) Deficits generated against the applicable CO 2 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.

(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 CO 2 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 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 any of the following categoriesof motor vehicles: Passenger cars, lightduty 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.

(3) Pathway 3. Pathway 3 credits are those credits earned under Pathway 2 as described in paragraph (a)(2) of this section 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 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 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 CO 2 early credit threshold values.

(ii) Credits may only be generated by vehicles sold in the States not included in the section 177 States determined in paragraph (a)(2)(i) of this section.

(iii) 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.

(iv) 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.

(v) Average carbon-related exhaust emission values shall be determined according to the provisions of 40 CFR 600.510–12, 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 40 CFR 600.510–12(j)(2)(ii)(B), 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 40 CFR 600.510–12(j)(2)(iii)(B), 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 40 CFR 600.510–12(j)(2)(vi), without the use ofVerDate Nov<24>2008 23:31 Sep 25, 2009 Jkt 217001 PO 00000 Frm 00316 Fmt 4701 Sfmt 4700 E:\FR\FM\28SEP2.SGM 28SEP2mstockstill on DSKH9S0YB1PROD with PROPOSALS 

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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 40 CFR 600.510–12(j)(2)(vii), without the use of the 0.15 multiplicative factor and with F=0.

(F) 40 CFR 600.510–12(j)(3) shall not apply. Electric, fuel cell electric, 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.

(vi) Pathway 3 fleet average CO 2 credit threshold values.

(A) For 2009 and 2010 model year passenger automobiles, the fleet average CO 2 credit threshold value is 323 grams/ mile.

(B) For 2009 model year light trucks the fleet average CO 2 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 CO 2 credit threshold shall be the CO 2 value determined by dividing8887 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 CO 2 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 CO 2 credit threshold shall be the CO 2 value determined by dividing8887 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 CO 2 credit threshold value is the value determinedby 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 CO 2 credit threshold value is the value determined bydividing 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.

(vii) 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: CO 2 Credits or Debits (Mg) = [(CO 2 Credit Threshold ¥ Manufacturer’s Sales Weighted Fleet Average CO 2 Emissions) × (Total Number of Vehicles Sold) × (Vehicle Lifetime Miles)] ÷ 1,000,000

Where:

CO 2 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 CO 2 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 40 CFR 600.511–80 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 190,971 for the LDV/LDT1 averaging set and 221,199 for the LDT2/HLDT/MDPV averaging set. (viii) 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.

(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 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 paragraph (b) of § 86.1866–12 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 select Pathway 4 described in paragraph (a)(4) of this section may not generate early air conditioning credits for vehicles sold in the section 177 States as determined in paragraph (a)(2)(i) of this section.

(c) Early advanced technology vehicle credits. Vehicles eligible for this credit are electric vehicles, fuel cell electric 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 electric vehicles, and plug-in hybrid electric vehicles in their fleet averages calculated under any of the options 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 withthe 2012 model year, subject to a fiveyear carry-forward limitation.

(i) Eligible 2009 model year vehicles may be used in the calculation of amanufacturer’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 amanufacturer’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 amanufacturer’s fleet average carbonrelated exhaust emissions in the 2012 through 2016 model years.

(3) (i) To use advanced technology vehicle credits, the manufacturer will apply the 2009, 2010, and/or 2011 model type sales volumes and their model type emission levels to a manufacturer’s fleet average calculation using the credit multiplier specified in § 86.1866–12(a).

(ii) Early advanced technology vehicle credits 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 lightVerDate Nov<24>2008 23:31 Sep 25, 2009 Jkt 217001 PO 00000 Frm 00317 Fmt 4701 Sfmt 4700 E:\FR\FM\28SEP2.SGM 28SEP2mstockstill on DSKH9S0YB1PROD with PROPOSALS 

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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.

(d) Early off-cycle technology credits. Manufacturers may optionally generate credits for the implementation of certain CO 2 -reducing technologies according to the provisions of § 86.1866–12(d).

(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 CO 2 reduction credit pathways described in paragraph (a) of this section shall report the following information separately for the LDV/LDT1 and LDT2/HLDT/MDPV averaging sets:

(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**

29. The authority citation for part 600 continues to read as follows:

Authority: 49 U.S.C. 32901–23919q, Pub. L. 109–58.

30. 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** 

31. The heading for subpart A is revised as set forth above.

32. 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 CO 2 , HC, and CO, and where applicable for alternative fuel vehicles, CH 3 OH, C 2H 5 OH, C 2H4 O, HCHO, NMHC and CH4 . References to average fuel economy shall beinterpreted 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 CO 2 standards in 40 CFR 86.1818–12. 33. 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 electric 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.’’

**§ 600.002–08 Definitions.**

* * * * *

Base tire means the tire specified as standard equipment by the manufacturer.

* * * * *

Carbon-related exhaust emissionsmeans the summation of the carboncontaining constituents of the exhaust emissions, with each constituent adjusted by a coefficient representing the carbon weight fraction of each constituent, as specified in § 600.113–

08.

* * * * *

Electric vehicle means a 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) Recharge energy must be drawn 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 paragraph (c)(6) of § 86.1811 of this chapter.

* * * * *

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) 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. For purposes of this definition, track width is the lateral distance between the centerlines of the base tires at ground, including the camber angle. For purposes of this definition, wheelbase is the longitudinal distanceVerDate Nov<24>2008 23:31 Sep 25, 2009 Jkt 217001 PO 00000 Frm 00318 Fmt 4701 Sfmt 4700 E:\FR\FM\28SEP2.SGM 28SEP2mstockstill on DSKH9S0YB1PROD with PROPOSALS 

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between front and rear wheel centerlines.

* * * * *

Fuel cell means an electrochemical cell that produced electricity via the reaction of a consumable fuel on the anode with an oxidant on the cathode in the presence of an electrolyte.

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.

* * * * *

Hybrid electric vehicle (HEV) means a motor vehicle which draws propulsion energy from onboard sources or 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, or flywheel.

* * * * *

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) means a hybrid electric vehicle that:

(1) 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, and

(2) Has an equivalent all-electric range of no less than 10 miles.

* * * * *

34. Section 600.006–08 is amended as follows:

a. By revising the heading. b. By revising paragraph (b)(2)(ii).

c. By revising paragraph (b)(2)(iv). d. By adding paragraph (c)(5).

e. By revising paragraph (e). f. 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) * * * (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, CO 2 , and, where applicable for alternative fuel vehicles, CH 3 OH, C 2H 5 OH, C 2H4 O, HCHO, NMHC and CH4 . The fuel economy and CO 2 emission test results shall be adjusted in accordance with paragraph (g) of this section. Round the test results as follows:

* * * * *

(e) In lieu of submitting actual data from a test vehicle, a manufacturer may provide fuel economy 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 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:

FE 4,000mi = FE T [0.979 + 5.25 × 10

¥ 6 (mi)]

¥ 1

Where:

FE 4,000mi = Fuel economy data adjusted to 4,000-mile test point rounded to the nearest 0.1 mpg. FE T = 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 CO 2 exhaust emission test data generated by vehicles with engine-drive system combinations with more than 6,200 miles by using the following equation:
CO2 4,000mi = CO 2T [0.979 + 5.25 × 10

¥ 6 (mi)]

Where:

CO2 4,000mi = CO 2 emission data adjusted to 4,000-mile test point. CO 2T = Tested emissions value of CO 2 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 shall be rounded in accordance with 40 CFR 86.1837–01 as applicable. CO 2 values shall be rounded to the nearest gram per mile.

* * * * *

35. 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 factorsestablished 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 86.1823–01 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 exhaustVerDate Nov<24>2008 23:31 Sep 25, 2009 Jkt 217001 PO 00000 Frm 00319 Fmt 4701 Sfmt 4700 E:\FR\FM\28SEP2.SGM 28SEP2mstockstill on DSKH9S0YB1PROD with PROPOSALS 

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emissions data, and for which emission standards apply, must be covered by a certificate of conformity under part 86 of this chapter before:

* * * * *

36. Section 600.008–08 is amended by revising the 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 manufacturershall select the highest of the carbonrelated exhaust emissions test results to represent the vehicle.

* * * * *

**Subpart B—[Amended]**

37. 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 CO 2 , HC, and CO, and where applicable for alternative fuel vehicles, CH 3 OH, C 2H 5 OH, C 2H4 O, HCHO, NMHC and CH4 . References to average fuel economy shall beinterpreted to also mean average carbonrelated exhaust emissions.

38. Section 600.113–08 is amended as follows:

a. By revising the introductory text. b. By revising paragraph (a)(1).

c. By revising paragraph (b)(1) and (2). d. By revising paragraph (c)(1).

e. By revising paragraph (d)(1) and (2). f. By revising paragraph (e).

g. By adding paragraph (f)(4). h. By revising paragraphs (g) through (l).

i. By adding paragraph (m).

**§ 600.113–08 Fuel economy 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 values require input of the weighted grams/mile values for total hydrocarbons (HC), carbon monoxide (CO), and carbon dioxide (CO 2 ); and, additionally for methanol-fueled automobiles, methanol (CH 3 OH) and formaldehyde (HCHO); and, additionally for ethanol-fueled automobiles, methanol (CH 3 OH), ethanol (C 2H 5 OH), acetaldehyde (C 2H4 O), and formaldehyde (HCHO); and additionally for natural gas-fueled vehicles non-methane hydrocarbons (NMHC) and methane (CH4 ) 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) * * * (1) Calculate the weighted grams/mile values for the FTP test for CO 2 , HC, and CO, and where applicable, CH 3 OH, C 2H 5 OH, C 2H4 O, HCHO, NMHC 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.

* * * * *

(b) * * * (1) Calculate the mass values for the highway fuel economy test for HC, CO and CO 2 , and where applicable, CH 3 OH, C 2H 5 OH, C 2H4 O, HCHO, NMHC 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 CO 2 , and where applicable CH 3 OH, C 2H 5 OH, C 2H4 O, HCHO, NMHC and CH 4 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) * * * (1) Calculate the weighted grams/mile values for the cold temperature FTP test for HC, CO and CO 2 , and where applicable, CH 3 OH, C 2H 5 OH, C 2H4 O, HCHO, NMHC and CH4 as specified in § 86.144(b) of this chapter. For 2008 through 2010 diesel-fueled vehicles, HC measurement is optional.

* * * * *

(d) * * * (1) Calculate the total grams/mile values for the US06 test for HC, CO and CO 2 , and where applicable, CH 3 OH, C 2H 5 OH, C 2H4 O, HCHO, NMHC and CH4 as specified in § 86.144(b) of this chapter.

(2) Calculate separately the grams/ mile values for HC, CO and CO 2 , and where applicable, CH 3 OH, C 2H 5 OH, C 2H4 O, HCHO, NMHC 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 for the US06 City and US06 Highway phases by using modal CO 2 , 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.

* * * * *

(e) Calculate the SC03 fuel economy. (1) Calculate the grams/mile values for the SC03 test for HC, CO and CO 2 , and where applicable, CH 3 OH, C 2H 5 OH, C 2H4 O, HCHO, NMHC and CH4 as specified in § 86.144(b) of this chapter.VerDate Nov<24>2008 23:31 Sep 25, 2009 Jkt 217001 PO 00000 Frm 00320 Fmt 4701 Sfmt 4700 E:\FR\FM\28SEP2.SGM 28SEP2mstockstill on DSKH9S0YB1PROD with PROPOSALS 

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(2) Measure and record the test fuel’s properties as specified in paragraph (f) of this section.

(f) * * * (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’’ for the blend. This 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 obtained from the American Society for Testing and Materials, 100 Barr Harbor Drive, P.O. Box C700, West Conshohocken, PA 19428–2959. Copies may be inspected at U.S. EPA Headquarters Library, EPA West Building, Constitution Avenue and 14th Street, NW., Room 3340, Washington, DC, 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 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’’ for the gasoline fuel component and also for the methanol fuel component and combining as follows. This 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 obtained from the American Society for Testing and Materials, 100 Barr Harbor Drive, P.O. Box C700, West Conshohocken, PA 19428–2959. Copies may be inspected at U.S. EPA Headquarters Library, EPA West Building, Constitution Avenue and 14th Street, NW., Room 3340, Washington, DC, 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. SG = SGg × volume fraction gasoline + SGm × volume fraction ethanol. (ii)(A) Carbon weight fraction using the following equation: CWF = CWFg × MFg+ 0.375 × MFe Where: CWFg = Carbon weight fraction of gasoline portion of blend per ASTM D 3343–90 ‘‘Standard Test Method for Estimation of Hydrogen Content of Aviation Fuels.’’ This 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 obtained from the American Society for Testing and Materials, 100 Barr Harbor Drive, P.O. Box C700, West Conshohocken, PA 19428–2959. Copies may be inspected at U.S. EPA Headquarters Library, EPA West Building, Constitution Avenue and 14th Street, NW., Room 3340, Washington, DC, 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. MFg = Mass fraction gasoline = (G × SGg)/(G × SGg + E × SGm) MFe = Mass fraction methanol = (E × SGm)/(G × SGg + E × SGm)

Where: G = Volume fraction gasoline. E = Volume fraction ethanol. SGg = Specific gravity of gasoline as measured by 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.’’ This 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 obtained from the American Society for Testing and Materials, 100 Barr Harbor Drive, P.O. Box C700, West Conshohocken, PA 19428–2959. Copies may be inspected at U.S. EPA Headquarters Library, EPA West Building, Constitution Avenue and 14th Street, NW, Room 3340, Washington DC, 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. SGm = Specific gravity of methanol as measured by 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.’’ This 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 obtained from the American Society for Testing and Materials, 100 Barr Harbor Drive, P.O. Box C700, West Conshohocken, PA 19428–2959. Copies may be inspected at U.S. EPA Headquarters Library, EPA West Building, Constitution Avenue and 14th Street, NW, Room 3340, Washington DC, 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. (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).

(iii) Net heating value (BTU/lb) per ASTM D 240–92 ‘‘Standard Test Method for Heat of Combustion of Liquid Hydrocarbon Fuels by Bomb Calorimeter.’’ This 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 obtained from the American Society for Testing and Materials, 100 Barr Harbor Drive, P.O. Box C700, West Conshohocken, PA 19428–2959. Copies may be inspected at U.S. EPA Headquarters Library, EPA West Building, Constitution Avenue and 14th Street, NW, Room 3340, Washington DC, 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.

* * * * *

(g) Calculate separate FTP, highway, US06, SC03 and Cold temperature FTP fuel economy from the grams/mile values for total HC, CO, CO 2 and, where applicable, CH 3 OH, C 2H 5 OH, C 2H4 O, HCHO, NMHC 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) 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 86.1823–01, then these test values shall be used in the calculations of this section.

(2) 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 86.1823–01, then these test values shall be adjusted by the appropriate deterioration factorVerDate Nov<24>2008 23:31 Sep 25, 2009 Jkt 217001 PO 00000 Frm 00321 Fmt 4701 Sfmt 4700 E:\FR\FM\28SEP2.SGM 28SEP2EP28SE09.058</MATH>mstockstill on DSKH9S0YB1PROD with PROPOSALS 

### Federal Register / Vol. 74, No. 186 / Monday, September 28, 2009 / Proposed Rules 

### 49773

determined according to 86.1823–01 before being used in the calculations of this section.

(3) The emission values determined in paragraph (g)(1) or (2) 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 CO 2 values (obtained per this section, as applicable) used in each calculation of this section shall be rounded to the nearest gram/mile. 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.

(h)(1) For gasoline-fueled automobiles tested on test fuel specified in § 86.113– 04(a), 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 × 10 4 × CWF × SG)/[((CWF

× HC) + (0.429 × CO) + (0.273 × CO 2 )) × ((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. CO 2 = Grams/mile CO 2 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) For 2012 and later model year gasoline-fueled automobiles tested on test fuel specified in § 86.113–04(a), 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*HC + 1.571*CO + CO 2 Where:
CREE means the carbon-related exhaust emissions as defined in § 600.002–08.



### = mpg e 

## ( 0 749 × CH 4 

### .

Where:

mpg e = miles per equivalent gallon of natural

gas. CWF HC/NG = carbon weight fraction based on the hydrocarbon constituents in the natural gas fuel as obtained in paragraph (g) of this section. 

### CWF × NMHC 

## ) + (0 429 × CO ) + 

# ( 0 273. × 

## ( CO NG 

# ) ) + 

## (

. CO

− 

## ) NMHC 2 2

D NG = density of the natural gas fuel [grams/ monoxide, and carbon dioxide as ft 3 at 68 ° F (20 ° C) and 760 mm Hg calculated in § 600.113. (101.3 kPa)] pressure as obtained in CWF NMHC = carbon weight fraction of the paragraph (g) of this section. non-methane HC constituents in the fuel
CH4 , NMHC, CO, and CO 2 = weighted mass as determined from the speciated fuel exhaust emissions [grams/mile] for composition per paragraph (f)(3) of this methane, non-methane HC, carbon 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. CO 2 = Grams/mile CO 2 as obtained in paragraph (g) of this section. CWF = Carbon weight fraction of test fuel as obtained in paragraph (g) of this section. (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 CO 2 (in grams/mile as obtained in paragraph (g) of this section).

(2) For 2012 and later model yeardiesel-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 = 0.866*HC + 1.571*CO + CO 2 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. CO 2 = Grams/mile CO 2 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)/((CWF exHC
× HC) + (0.429 × CO) + (0.273 × CO 2 ) + (0.375 × CH 3 OH) + (0.400 × HCHO))

Where:



### CWF × D ×

. 121 5 HC/NG NG 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. CWF exHC = Carbon weight fraction of exhaust hydrocarbons = CWF g as determined in (f)(2)(ii) of this section (for M100 fuel, CWF exHC = 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. CO 2 = Grams/mile CO 2 as obtained in paragraph (g) of this section. CH 3 OH = Grams/mile CH 3 OH (methanol) as obtained in paragraph (d) of this section. HCHO = Grams/mile HCHO (formaldehyde) as obtained in paragraph (g) of this section.

(2) 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 = (CWF exHC × HC) + (1.571 × CO)

+(1.374 × CH 3 OH) + (1.466 × HCHO) + CO 2 Where:
CREE means the carbon-related exhaust emission value as defined in § 600.002–

08. CWF exHC = Carbon weight fraction of exhaust hydrocarbons = CWF g as determined in (f)(2)(ii) of this section (for M100 fuel, CWF exHC = 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. CO 2 = Grams/mile CO 2 as obtained in paragraph (g) of this section. CH 3 OH = Grams/mile CH 3 OH (methanol) as obtained in paragraph (d) of this section. HCHO = Grams/mile HCHO (formaldehyde) 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:VerDate Nov<24>2008 23:31 Sep 25, 2009 Jkt 217001 PO 00000 Frm 00322 Fmt 4701 Sfmt 4725 E:\FR\FM\28SEP2.SGM 28SEP2EP28SE09.059</MATH> EP28SE09.060</MATH>mstockstill on DSKH9S0YB1PROD with PROPOSALS 

### 49774 Federal Register / Vol. 74, No. 186 / Monday, September 28, 2009 / Proposed Rules

CO 2NG = grams of carbon dioxide in the CO 2NG = FC NG × D NG × WF CO2 natural gas fuel consumed per mile of Where: travel.



## ( 0 74 9 • CH 

## ) + 

## ( CWF • NMHC 

## ) + (. • CO) + 

## ( 0.273 • CO 

## )

. 0 429 4 NMHC 2 FC = cubic feet of natural gas fuel consumed per mile = NG CWF • D NG NG

Where:

CWF NG = the carbon weight fraction of the natural gas fuel as calculated in paragraph (f) of this section. WF CO2 = 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.’’ This 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 obtained from the American Society for Testing and Materials, 100 Barr Harbor Drive, P.O. Box C700, West Conshohocken, PA 19428–2959. Copies may be inspected at U.S. EPA Headquarters Library, EPA West Building, Constitution Avenue and 14th Street, NW., Room 3340, Washington, DC, 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

. (2) 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 = 10.916 × CH4 + CWF NMHC × NMHC + 1.571 × CO + CO 2 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. CO 2 = Grams/mile CO 2 as obtained in paragraph (g) of this section. CWF NMHC = 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. (l)(1) For ethanol-fueled automobiles and automobiles designed to operate on



### 0 33

. mixtures of gasoline and ethanol, the CO = Grams/mile CO as obtained in fuel economy in miles per gallon is to paragraph (g) of this section. CO 2 = Grams/mile CO 2 as obtained in be calculated using the following paragraph (g) of this section. equation: CH 3 OH = Grams/mile CH 3 OH (methanol) as mpg = (CWF × SG × 3781.8)/((CWF exHC obtained in paragraph (d) of this section.
× HC) + (0.429 × CO) + (0.273 × HCHO = Grams/mile HCHO (formaldehyde) CO 2 ) + (0.375 × CH 3 OH) + (0.400 × as obtained in paragraph (g) of this HCHO) + (0.521 × C 2H 5 OH) + (0.545 section.

× C 2H4 O)) C 2H 5 OH = Grams/mile CH 3 OH (ethanol) as obtained in paragraph (d) of this section. Where: C 2H4 O = Grams/mile C 2H4 O (acetaldehyde) CWF = Carbon weight fraction of the fuel as as obtained in paragraph (d) of this determined in paragraph (f)(4) of this section. section. SG = Specific gravity of the fuel as (m) Equations for fuels other than determined in paragraph (f)(4) of this those specified in paragraphs (h) section. through (l) of this section may be used CWF exHC = Carbon weight fraction of exhaust with advance EPA approval. Alternate hydrocarbons = CWF g as determined in calculation methods may be used if (f)(4) of this section. shown to yield equivalent or superior HC = Grams/mile HC as obtained in paragraph (g) of this section. results and if approved in advance by

CO = Grams/mile CO as obtained in the Administrator. paragraph (g) of this section. 39. Section 600.114–08 is amended as CO 2 = Grams/mile CO 2 as obtained in follows: paragraph (g) of this section. CH 3 OH = Grams/mile CH 3 OH (methanol) as a. By revising the heading. obtained in paragraph (d) of this section. b. By revising the introductory text. HCHO = Grams/mile HCHO (formaldehyde) as obtained in paragraph (g) of this c. By adding paragraphs (d) through section. (f). C 2H 5 OH = Grams/mile CH 3 OH (ethanol) as obtained in paragraph (d) of this section. **§ 600.114–08 Vehicle-specific 5-cycle fuel** C 2H4 O = Grams/mile C 2H4 O (acetaldehyde) **economy and carbon-related exhaust** as obtained in paragraph (d) of this **emission calculations.** section. Paragraphs (a) through (c) of this (2) For 2012 and later model year section apply to data used for fuel ethanol-fueled automobiles and economy labeling under Subpart D of automobiles designed to operate on this part. Paragraphs (d) through (f) of mixtures of gasoline and ethanol, the this section are used to calculate 5-cycle carbon-related exhaust emissions in carbon-related exhaust emissions values grams per mile is to be calculated using for the purpose of determining optional the following equation and rounded to technology-based CO 2 emissions credits the nearest 1 gram per mile: under the provisions of paragraph (d) of CREE = (CWF exHC × HC) + (1.571 × CO) § 86.1866–12 of this title.

+(1.374 × CH 3 OH) + (1.466 × * * * * * HCHO) + (0.955 × C 2H 5 OH) + (0.999 (d) City carbon-related exhaust × C 2H4 O) + CO 2 emission value. For each vehicle tested, Where: determine the 5-cycle city carbon- CREE means the carbon-related exhaust related exhaust emissions using the emission value as defined in § 600.002–

08. following equation:

CWF exHC = Carbon weight fraction of exhaust (1) CityCREE = 0.905 × (StartCREE + hydrocarbons = CWF g as determined in RunningCREE) (f)(4) of this section. HC = Grams/mile HC as obtained in Where: paragraph (g) of this section. (i) StartCREE =



### 0 76 × StartCREE + 0 24 × StartCREE 

## ) ⎞ ⎛ 

## (

. . 75 20 

### × ⎜ ⎟ 4 1

. ⎝ ⎠VerDate Nov<24>2008 23:31 Sep 25, 2009 Jkt 217001 PO 00000 Frm 00323 Fmt 4701 Sfmt 4700 E:\FR\FM\28SEP2.SGM 28SEP2EP28SE09.061</MATH> EP28SE09.062</MATH> EP28SE09.063</MATH>mstockstill on DSKH9S0YB1PROD with PROPOSALS 

### Federal Register / Vol. 74, No. 186 / Monday, September 28, 2009 / Proposed Rules 

### 49775

Where:

StartCREE × = 3.6 × (Bag1CREE × ¥ Bag3CREE × )
Where: Bag Y CREE × = 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 × Bag2 75 CREE) + (0.41 × Bag3 75 CREE) + 0.11 × US06CityCREE)] +

0.18 × [(0.5 × Bag2 20 CREE) + (0.5 ×



### = 0 33 × ⎜

.

Where:

StartCREE × = 3.6 × (Bag1CREE × ¥ Bag3CREE × ) (ii) Running CREE =

1.007 × [(0.79 × US06 Highway CREE) + (0.21 × HFET CREE )] + 0.045 × [ SC 03 CREE ¥ ((0.61 × Bag3 75 CREE )

+(0.39 × Bag2 75 CREE ))]

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,

Where: ( 1 ) StartCREE 75 = 3.6 × (Bag1CREE 75 ¥ Bag3CREE 75 ) + 3.9 × (Bag2CREE 75 - Bag4CREE 75 ) and ( 2 ) StartCREE 20 =
= 3.6 × (Bag1CREE 20 ¥ Bag3CREE 20 )
(B) RunningCREE =

0.82 × [(0.48 × Bag 4 75 CREE ) + (0.41 × Bag3 75 CREE ) + (0.11 × US06 CityCREE )] + 0.18 × [(0.5 × Bag2 20 CREE ) + (0.5 × Bag3 75 Bag3 20 CREE)] + 0.144 × [SC03CREE ¥ ((0.61 × Bag3 75 CREE) + (0.39 × Bag2 75 CREE))]

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. (1) For each vehicle tested,determine the 5-cycle highway carbonrelated exhaust emissions using the following equation:
HighwayCREE = 0.905 × (StartCREE + RunningCREE)

Where: (1) StartCREE =



### ⎛ 

## ( 0 76

. × StartCREE + 0 24 × StartCREE 

## ) ⎞

. 75 20



### 60 ⎝

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



## ( 0 76

. × StartCREE + 0 24 ⎛

. × StartCREE ⎟ ⎠

paragraphs (a) and (b) of this section todetermine 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 =



## ) ⎞

75 20 

### 0 33 × ⎜ ⎟

. 4 1

. ⎝

CREE )] + 0.144 × [(SC03CREE ¥ ((0.61 × Bag3 75 CREE) + (0.39 × Bag4 75 CREE))]

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 =



## (

. × StartCREE 

## ) ⎞ ⎛ 0 76

. × StartCREE + 0 24 75 20 

### = 0 33 × ⎜ ⎟

. 60 ⎝ ⎠

Where: StartCREE 20 = 3.6 × (Bag1CREE 20 ¥ 1.007 × [(0.79 × US06 HighwayCREE ) +

StartCREE 75 = 3.6 × (Bag1CREE 75 ¥ Bag3CREE 20 ) (0.21 × HFET CREE )] + 0.045 × Bag3CREE 75 ) + 3.9 × (Bag2CREE 75 ¥ Bag4CREE 75 ) and (B) RunningCREE = [ SC03CREE = ((0.61 × Bag3 75 CREE) + (0.39 × Bag 4 75 CREE ))]VerDate Nov<24>2008 23:31 Sep 25, 2009 Jkt 217001 PO 00000 Frm 00324 Fmt 4701 Sfmt 4700 E:\FR\FM\28SEP2.SGM 28SEP2EP28SE09.064</MATH> EP28SE09.065</MATH>mstockstill on DSKH9S0YB1PROD with PROPOSALS 

### 49776 Federal Register / Vol. 74, No. 186 / Monday, September 28, 2009 / Proposed Rules

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.

75 20 

### = 0 33 × ⎜

. 4 1

. ⎝

Where: conducted at an ambient temperature of (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:



### ⎛ 

## ( 0 76 × StartCREE +

. . 0 24 × StartCREE 

## )

75 ° F. StartCREE 75 = 3.6 × (Bag 1 ⁄ 2 CREE 75 ¥ Bag 3 ⁄ 4 CREE 75 ) (B) RunningCREE = and 0.82 × [(0.90 × Bag3/4 75 CREE) + (0.10 × StartCREE 20 = 3.6 × (Bag1CREE 20 ¥ US06CityCREE)] + (0.18 × [(0.5 × Bag3CREE 20 ) Bag2 20 CREE) + (0.5 × Bag3 20 CREE)] Where: +0.144 × [(SC03CREE ¥ ((Bag 3 ⁄ 4 75 Bag Y FE 20 = the carbon-related exhaust CREE)] emissions in grams per mile of fuel Where: during Bag 1 or Bag 3 of the 20 ° F FTP US06 City CREE = carbon-related exhaust test, and emissions in grams per mile over the city Bag X/Y FE 75 = carbon-related exhaust portion of the US06 test, and emissions in grams per mile of fuel SC03 CREE = carbon-related exhaust during combined phases 1 and 2 or emissions in grams per mile over the phrases 3 and 4 of the FTP test SC03 test, and



### ⎛ 

## ( 0 76

. × StartCREE + 0 24

. × StartCREE 0 33

. × ⎜ 75

Where:

StartCREE 75 = 7.5 × (Bag 1 ⁄ 2 CREE 75 ¥ Bag 3 ⁄ 4 CREE 75 ) and
StartCREE 20 = 3.6 × (Bag1CREE 20 ¥ Bag3CREE 20 )

(B) RunningCREE =

1.007 × [(0.79 × US06 HighwayCREE) + (0.21 × HFET CREE)] + 0.045 × [SC03CREE ¥ Bag3/4 75 CREE)
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 Y FE 20 = the carbon-related exhaust emissions in grams per mile of fuel during Bag 1 or 3 of the 20 ° F FTP test, and Bag X/Y FE 75 = 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.

40. Section 600.115–08 is amended by revising the introductory text to read as follows: 

### 60 ⎝

**§ 600.115–08 Criteria for determining the fuel economy label calculation method for**  **2011 and later model year vehicles.**

This section provides the criteria to determine if the derived 5-cycle method for determining fuel economy label values, as specified in § 600.210–08 (a)(2) or (b)(2), as applicable, may be used to determine label values for 2011 and later model year vehicles. Separate criteria apply to city and highway fuel economy for each test group. The provisions of this section are optional. If this option is not chosen, or if the criteria provided in this section are not met, fuel economy label values for 2011 and later model year vehicles must bedetermined according to the vehiclespecific 5-cycle method specified in § 600.210–08(a)(1) or (b)(1), as applicable. However, dedicated alternative-fuel vehicles, dual fuel vehicles when operating on alternative fuel, and MDPVs may use the derived 5- cycle method for determining fuel economy labels for 2011 and later model years whether or not the criteria provided in this section are met.

* * * * * 20 (i) City carbon-related exhaust
emissions.
CityCREE = 0.905 × (StartCREE + RunningCREE)

Where: (A) StartCREE =



### ⎞ ⎟ ⎠

Bag X/Y FE 75 = carbon-related exhaust emissions in grams per mile of fuel during combined phases 1 and 2 or phrases 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 =



## ) ⎞

⎟ ⎠

**Subpart C—Procedures for Calculating Fuel Economy and Carbon-related**  **Exhaust Emission Values for 1977 and Later Model Year Automobiles** 

41. The heading for subpart C is revised as set forth above.

42. 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.

43. A new § 600.206–12 is added to subpart C to read as follows:

**§ 600.206–12 Calculation and use of FTP based 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 valuesVerDate Nov<24>2008 23:31 Sep 25, 2009 Jkt 217001 PO 00000 Frm 00325 Fmt 4701 Sfmt 4700 E:\FR\FM\28SEP2.SGM 28SEP2mstockstill on DSKH9S0YB1PROD with PROPOSALS 

### Federal Register / Vol. 74, No. 186 / Monday, September 28, 2009 / Proposed Rules 

### 49777

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(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 beharmonically 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 calculatedby harmonically averaging the FTPbased city and HFET-based highway fuel economy values, as determined in § 600.206(a)(1) or (2) of this section, 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-basedcity and HFET-based highway carbonrelated exhaust emission values, as determined in § 600.206(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, andcombined fuel economy and carbonrelated exhaust emission values from the tests performed using gasoline or diesel test fuel.

(ii) Calculate the city, highway, andcombined 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. The carbon-related exhaust emission value for that configuration shall be 0 grams per mile.

(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. The carbon-related exhaust emission value for that configuration shall be 0 grams per mile.

44. 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 carbon**  **related exhaust emission values for a model type.** 

(a) Fuel economy and carbon-related exhaust emission values for a base level are calculated from vehicleconfiguration fuel economy and carbonrelated exhaust emission values as determined in § 600.206–08(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.VerDate Nov<24>2008 23:31 Sep 25, 2009 Jkt 217001 PO 00000 Frm 00326 Fmt 4701 Sfmt 4700 E:\FR\FM\28SEP2.SGM 28SEP2mstockstill on DSKH9S0YB1PROD with PROPOSALS 

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(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.

(4) Vehicle configuration fuel economy and carbon-related exhaust emission values, as determined in § 600.206–08 (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 abase 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, andcombined fuel economy and carbonrelated exhaust emission values from the tests performed using gasoline or diesel test fuel.

(ii) Calculate the city, highway, andcombined 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 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 § 600.206–08 (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, andcombined fuel economy and carbonrelated exhaust emission values from the tests performed using gasoline or diesel test fuel.

(ii) Calculate the city, highway, andcombined fuel economy and carbonrelated exhaust emission values from the tests performed using alcohol or natural gas test fuel.

**Subpart D—Fuel Economy Regulations for 1977 and Later Model Year**  **Automobiles—Labeling**

45. 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 Carbon**  **related Exhaust Emissions**

46. The heading for subpart F is revised as set forth above.

47. 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.

48. 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 inVerDate Nov<24>2008 23:31 Sep 25, 2009 Jkt 217001 PO 00000 Frm 00327 Fmt 4701 Sfmt 4700 E:\FR\FM\28SEP2.SGM 28SEP2mstockstill on DSKH9S0YB1PROD with PROPOSALS 

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paragraph (b) of this section for any running change approved or implemented under §§ 86.079–32, 86.079–33, or 86.082–34 or 86.1842–01 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 electric 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 § 600.208–08(a)(2), the manufacturer shall submit fuel economy and carbon-related exhaust emissions data for each subconfiguration added by a running change.

49. 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.

(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.

50. 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 classes 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 that is domestically manufactured as defined in § 600.511(d)(1).

(ii) An average fuel economy calculation will be made for the category of passenger automobiles that is not domestically manufactured as defined in § 600.511(d)(2).

(iii) An average fuel economy calculation will be made for the category of light trucks that is domestically manufactured as defined in § 600.511(e)(1).

(iv) An average fuel economy calculation will be made for the category of light trucks that is not domestically manufactured as defined in § 600.511(e)(2).

(2) Average carbon-related exhaust emissions will be calculated to the nearest one gram per mile for the classes 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 CO 2 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 § 600.208–08 of this section except that:

(i) Separate fuel economy values will be calculated for model types and base levels associated with car lines that are:

(A) Domestically produced; and (B) Nondomestically produced and imported;

(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 changesmay 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– 08(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 that are:

(A) Domestically produced; and (B) Nondomestically produced and imported;

(ii) Total model year production data, as required by this subpart will be used instead of sales projections; andVerDate Nov<24>2008 23:31 Sep 25, 2009 Jkt 217001 PO 00000 Frm 00328 Fmt 4701 Sfmt 4700 E:\FR\FM\28SEP2.SGM 28SEP2mstockstill on DSKH9S0YB1PROD with PROPOSALS 

### 49780 Federal Register / Vol. 74, No. 186 / Monday, September 28, 2009 / Proposed Rules

(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) 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(b)(5)(i); and

(B) The combined model type fuel economy value for operation on alcohol fuel as determined in § 600.208(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(b)(5)(i); and

(B) The combined model type fuel economy value for operation on natural gas as determined in § 600.208(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 categories identified in paragraphs (a)(1) and (2) of this section, the average fuel economy calculated in accordance with paragraph (c) of this section shall be adjusted using the following equation:

AFE adj = AFE[((0.55 × a × c) + (0.45 × c) + (0.5556 × a) + 0.4487)/((0.55 × a) + 0.45)] + IW

Where:

AFE adj = 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 × SF 3IWC × FE 3IWC ) ¥ (3.5123 × 10

¥ 3 × SF 4ETW × FE 4IWC ). Note: Any calculated value of IW less than zero shall be set equal to zero. SF 3IWC = The 3000 lb. inertia weight class sales divided by total sales. The quotient shall be rounded to 4 decimal places. SF 4ETW = The 4000 lb. equivalent test weight category sales divided by total sales. The quotient shall be rounded to 4 decimal places. FE 4IWC = 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. FE 4IWC = 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: E alt/E pet> or = 1

Where:

E alt = [FE alt/(NHV alt × D alt)] × 10 6 = energy efficiency while operating on alternative fuel rounded to the nearest 0.01 miles/ million BTU. E pet = [FE pet/(NHVpet × D pet)] × 10 6 = energy efficiency while operating on gasoline or diesel (petroleum) fuel rounded to the nearest 0.01 miles/million BTU. FE alt 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); FE pet is the fuel economy [miles/gallon] while operated on petroleum fuel (gasoline or diesel) as determined in § 600.113(a) and (b); NHV alt 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; D alt is the density [lb/gallon for liquid fuels or lb/100 standard cubic feet for gaseous fuels] of the alternative fuel; D pet 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 determined perVerDate Nov<24>2008 23:31 Sep 25, 2009 Jkt 217001 PO 00000 Frm 00329 Fmt 4701 Sfmt 4700 E:\FR\FM\28SEP2.SGM 28SEP2mstockstill on DSKH9S0YB1PROD with PROPOSALS 

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ASTM D 240–92 ‘‘Standard Test Method for Heat of Combustion of Liquid Hydrocarbon Fuels by Bomb Calorimeter.’’ This 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 obtained from the American Society for Testing and Materials, 100 Barr Harbor Drive, P.O. Box C700, West Conshohocken, PA 19428–2959. Copies may be inspected at U.S. EPA Headquarters Library, EPA West Building, Constitution Avenue and 14th Street, NW., Room 3340, Washington, DC, 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. (B) The density for alcohol fuels shall be determined per 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.’’ This 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 obtained from the American Society for Testing and Materials, 100 Barr Harbor Drive, P.O. Box C700, West Conshohocken, PA 19428–2959. Copies may be inspected at U.S. EPA Headquarters Library, EPA West Building, Constitution Avenue and 14th Street, NW., Room 3340, Washington, DC, 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. (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) [Reserved] (i) For model years 2012 through 2015, and for each category of automobile identified in paragraph (a)(2) of this section, the maximum decrease in average carbon-related exhaust emissions 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 decrease—passenger automobiles (g/mi) Maximum decrease—light trucks (g/mi)

2012 ...........................................................................................................................

.............................................. 9.8 17.9 2013 ...........................................................................................................................

.............................................. 9.3 17.1 2014 ...........................................................................................................................

.............................................. 8.9 16.3 2015 ...........................................................................................................................

.............................................. 6.9 12.6

(1) The Administrator shall calculate the decrease in average carbon-related exhaust emissions to determine if the maximum decrease provided in paragraph (i) of this section has been reached. The Administrator shall calculate the average carbon-related exhaust emissions for each category of automobiles specified in paragraph (a)(2) of this section by subtracting the average carbon-related exhaust emission values determined in paragraphs (b)(2)(vi), (b)(2)(vii), and (c) 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)(2) 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; 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; 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(b)(5)(i); and

(B) The combined model type carbonrelated exhaust emissions value for operation on alcohol fuel as determined in § 600.208(b)(5)(ii) multiplied by 0.15 provided the requirements of § 600.510(g) are met; 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 forVerDate Nov<24>2008 23:31 Sep 25, 2009 Jkt 217001 PO 00000 Frm 00330 Fmt 4701 Sfmt 4700 E:\FR\FM\28SEP2.SGM 28SEP2mstockstill on DSKH9S0YB1PROD with PROPOSALS 

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operation on gasoline or diesel as determined in § 600.208(b)(5)(i); and

(B) The combined model type carbonrelated exhaust emissions value for operation on natural gas as determined in § 600.208(b)(5)(ii) multiplied by 0.15 provided the requirements of paragraph (g) of this section are met.

(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 × CREE alt) + ((1

¥ F) × CREE gas )

Where: F = 0.00 unless otherwise approved by the Administrator according to the provisions of paragraph (k) of this section; CREE alt = The combined model type carbonrelated exhaust emissions value for operation on alcohol fuel as determined in § 600.208(b)(5)(ii); and CREE gas = The combined model type carbonrelated exhaust emissions value for operation on gasoline or diesel fuel as determined in § 600.208(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 × CREE alt) + ((1

¥ F) × CREE gas )

Where: F = 0.00 unless otherwise approved by the Administrator according to the provisions of paragraph (k) of this section; CREE alt = The combined model type carbonrelated exhaust emissions value for operation on natural gas as determined in § 600.208(b)(5)(ii); and CREE gas = The combined model type carbonrelated exhaust emissions value for operation on gasoline or diesel fuel as determined in § 600.208(b)(5)(i). (3) The production volume of electric, fuel cell electric and plug-in hybrid electric model types for model years 2012 through 2016 may be adjusted by the multiplier specified in 40 CFR 86.1866–12(a) and in accordance with the provisions of 40 CFR 86.1866–12(a). The adjusted production volumes shall be accounted for both in the total production volume specified in paragraph (j)(1) of this section and in the model type production volume specified in paragraph (j)(2) of this section.

(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 onthe 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.

51. 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 exhaustemission 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 asVerDate Nov<24>2008 23:31 Sep 25, 2009 Jkt 217001 PO 00000 Frm 00331 Fmt 4701 Sfmt 4700 E:\FR\FM\28SEP2.SGM 28SEP2mstockstill on DSKH9S0YB1PROD with PROPOSALS 

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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 corporateexecutive 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.

52. 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 current model year, each manufacturer shall submit a pre-model year report, and, as required by paragraph (d) of this section, supplementary reports.

(2)(i) The pre-model year report required by this section for each model year must be submitted during the month of December (e.g., the pre-model year report for the 2012 model year must be submitted during December, 2011).

(ii) Each supplementary report must be submitted in accordance with paragraph (e)(3) of this section.

(3) Each report required by this section must:

(i) Identify the report as a pre-model year report or supplementary report as appropriate;

(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)(A) Specify any part of the information or data in the report that the manufacturer believes should be withheld from public disclosure as trade secret or other confidential business information.

(B) With respect to each item of information or data requested by the manufacturer to be withheld, the manufacturer shall:

( 1 ) Show that disclosure of the item would result in significant competitive damage;

( 2 ) Specify the period during which the item must be withheld to avoid that damage; and

( 3 ) Show that earlier disclosure would result in that damage.

(4) Each report required by this section must be based upon all information and data available to the manufacturer 30 days before the report is submitted to the Administrator.

(b) General content of reports. (1) Premodel year report. Except as provided in paragraph (b)(3) of this section, each pre-model year report for each model year must contain the information required by paragraph (c)(1) of this section.

(2) Supplementary report. Each supplementary report must contain the information required by paragraph (e)(2)(i), (ii), or (iii), as appropriate.

(3) Exceptions. (i) The pre-model year report is not required to contain the information specified in paragraphs (c)(2), (c)(3)(i) and (i), or (c)(3)(iv)(N) and (S) of this section if that report is required to be submitted before the fifth day after the date by which the manufacturer must submit the preliminary determination of its average fuel economy for the current model year to the Environmental Protection Agency under 40 CFR 600.506, when such determination is required. Each manufacturer that does not include information under the exception in the immediately preceding sentence shall indicate in its report the date by which it must submit that preliminary determination.

(ii) The pre-model year report submitted by an incomplete automobile manufacturer for any model year is not required to contain the information specified in paragraphs (c)(3)(iv)(O) through (Q) and (c)(3)(v) of this section. The information provided by the incomplete automobile manufacturer under (c)(3) shall be according to base level instead of model type or carline.

(c) Pre-model year reports. (1) Provide the information required by paragraphs (c)(2) and (3) of this section for the manufacturer’s passenger automobiles and light trucks for the current model

year.

(2) Projected average and required carbon-related exhaust emissions. (i)State the projected average carbonrelated exhaust emissions for the manufacturer’s automobiles determined in accordance with § 600.510–12 and based upon the carbon-related exhaust emission values and projected sales figures provided under paragraph (c)(3)(ii) of this section.

(ii) State the projected final average carbon-related exhaust emissions value that the manufacturer anticipates having if changes implemented during the model year will cause that average to bedifferent from the average carbonrelated exhaust emissions projected under paragraph (c)(2)(i) of this section.

(iii) State the projected required carbon-related exhaust emissions value for the manufacturer’s passenger automobiles and light trucks determined in accordance with 40 CFR 86.1818–12 and based upon the projected sales figures provided under paragraph (c)(3)(ii) of this section.

(iv) State the projected final required carbon-related exhaust emissions value that the manufacturer anticipates having if changes implemented during the model year will cause the targets to be different from the target carbon-related exhaust emissions projected under paragraph (c)(2)(iii) of this section.

(v) State whether the manufacturer believes that the projections it provides under paragraphs (c)(2)(ii) and (c)(2)(iv) of this section, or if it does not provide an average or target under those paragraphs, the projections it provides under paragraphs (c)(2)(i) and (c)(2)(iii) of this section, sufficiently represent the manufacturer’s average and target carbon-related exhaust emissions for the current model year. In the case of a manufacturer that believes that the projections are not sufficiently representative for those purposes, state the specific nature of any reason for the insufficiency and the specific additional testing or derivation of carbon-related exhaust emission values by analytical methods believed by the manufacturer necessary to eliminate the insufficiency and any plans of the manufacturer to undertake that testing or derivation voluntarily and submit the resulting data to the Environmental Protection Agency under 40 CFR 600.509.

(vi) State the number of credits, if any, projected to be earned under the provisions of § 86.1866–12 and the sources and calculations of such credits.

(3) Model type and configuration fuel economy and technical information. (i) For each model type of the manufacturer’s passenger cars and light trucks, provide the information specified in paragraph (c)(3)(ii) of this section in tabular form. List the model types in order of increasing average inertia weight from top to bottom down the left side of the table and list theVerDate Nov<24>2008 23:31 Sep 25, 2009 Jkt 217001 PO 00000 Frm 00332 Fmt 4701 Sfmt 4700 E:\FR\FM\28SEP2.SGM 28SEP2mstockstill on DSKH9S0YB1PROD with PROPOSALS 

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information categories in the order specified in paragraph (c)(3)(ii) of this section from left to right across the top of the table.

(ii)(A) Combined carbon-related exhaust emissions value; and

(B) Projected sales for the current model year and total sales of all model types.

(iii) For each vehicle configuration whose carbon-related exhaust emissionvalue was used to calculate the carbonrelated exhaust emission values for a model type under paragraph (c)(3)(ii) of this section, provide the information specified in paragraph (c)(3)(iv) of this section in tabular form. If a tabular form is used then list the vehicle configurations, by model type in the order listed under paragraph (c)(3)(ii) of this section, from top to bottom down the left of the table and list the information categories across the top of the table from left to right in the order specified in paragraph (c)(3)(iv) of this section. Other formats (such as copies of EPA reports) which contain all the required information in a readily identifiable form are also acceptable.

(iv)(A) Loaded vehicle weight; (B) Equivalent test weight; (C) Engine displacement, liters; (D) SAE net rated power, kilowatts; (E) SAE net horsepower; (F) Engine code; (G) Fuel system (number of carburetor barrels or, if fuel injection is used, so indicate);

(H) Emission control system; (I) Transmission class; (J) Number of forward speeds; (K) Existence of overdrive (indicate yes or no);

(L) Total drive ratio (N/V); (M) Axle ratio; (N) Combined fuel economy; (O) Projected sales for the current model year;

(P) In the case of passenger automobiles:

( 1 ) Interior volume index, determined in accordance with subpart D of 40 CFR part 600,

( 2 ) Body style, ( 3 ) Beginning model year 2012, base tire as defined in § 600.002–08,

( 4 ) Beginning model year 2012, track width as defined in § 600. 002–08,

( 5) Beginning model year 2012, wheelbase as defined in § 600. 002–08, and

( 6) Beginning model year 2012, footprint as defined in § 600. 002–08.

(Q) In the case of light trucks: ( 1 ) Passenger-carrying volume, ( 2 ) Cargo-carrying volume, ( 3 ) Beginning model year 2012, base tire as defined in § 600.002–08,

( 4 ) Beginning model year 2012, track width as defined in § 600.002–08, ( 5) Beginning model year 2012, wheelbase as defined in § 600.002–08, and

( 6) Beginning model year 2012, footprint as defined in § 600.002–08.

(R) Frontal area; (S) Road load power at 50 miles per hour, if determined by the manufacturer for purposes other than compliance with this part to differ from the road load setting prescribed in 40 CFR 86.177–11(d);

(T) Optional equipment that the manufacturer is required under 40 CFR parts 86 and 600 to have actually installed on the vehicle configuration, or the weight of which must be included in the curb weight computation for the vehicle configuration, for fuel economy and CO 2 emission testing purposes.

(v) For each model type of automobile which is classified as an automobile capable of off-highway operation under 49 CFR 523, provide the following data:

(A) Approach angle; (B) Departure angle; (C) Breakover angle; (D) Axle clearance; (E) Minimum running clearance; and (F) Existence of 4-wheel drive (indicate yes or no).

(vi) The CO 2 emission values provided under paragraphs (c)(3)(ii) and (iv) of this section shall be determined in accordance with § 600.208–12.

(d) Supplementary reports. (1)(i) Except as provided in paragraph (d)(4) of this section, each manufacturer whose most recently submitted report contained an average carbon-related exhaust emissions projection under (c)(2)(ii) of this section, or, if no average carbon-related exhaust emission value was projected under that paragraph, under paragraph (c)(2)(i), that was not greater than the applicable average CO 2 emissions standard and who now projects an average carbon-related exhaust emissions value which is greater than the applicable standard shall file a supplementary report containing the information specified in paragraph (d)(2)(i) of this section.

(ii) Except as provided in paragraph (d)(4) of this section, each manufacturerthat determines that its average carbonrelated exhaust emissions for the current model year as projected under paragraph (c)(2)(ii) of this section or, if no average carbon-related exhaust emissions value was projected under that paragraph, as projected under paragraph (c)(2)(i) of this section, is less representative than the manufacturer previously reported it to be under paragraph (c)(2)(iii) of this section, this paragraph (d), or both, shall file a supplementary report containing the information specified in paragraph (d)(2)(ii) of this section.

(iii) Each manufacturer whose premodel year report omits any of the information specified in (c)(2), (c)(3)(i) and (ii), or (c)(3)(iv)(P) and (Q) shall file a supplementary report containing the information specified in paragraph (d)(2)(iii) of this section.

(2)(i) The supplementary report required by paragraph (d)(1)(i) of this section must contain:

(A) Such revisions of and additions to the information previously submitted by the manufacturer under this part regarding the automobiles whose projected average carbon-related exhaust emissions value has increased as specified in paragraph (d)(1)(i) of this section as are necessary—

( 1 ) To reflect the increase and its

cause;

( 2 ) To indicate a new projected average carbon-related exhaust emissions value based upon these additional measures.

(B) An explanation of the cause of the increase in average carbon-related exhaust emissions that led to the manufacturer’s having to submit the supplementary report required by paragraph (d)(1)(i) of this section.

(ii) The supplementary report required by paragraph (d)(1)(ii) of this section must contain:

(A) A statement of the specific nature of and reason for the insufficiency in the representativeness of the projected average carbon-related exhaust emissions;

(B) A statement of specific additional testing or derivation of carbon-related exhaust emissions values by analytical methods believed by the manufacturer necessary to eliminate the insufficiency; and

(C) A description of any plans of the manufacturer to undertake that testing or derivation voluntarily and submit the resulting data to the Environmental Protection Agency under 40 CFR

600.509.

(iii) The supplementary report required by paragraph (d)(1)(iii) of this section must contain:

(A) All of the information omitted from the pre-model year report under paragraph (b)(3)(ii); and

(B) Such revisions of and additions to the information submitted by the manufacturer in its pre-model year report regarding the automobiles produced during the current model year as are necessary to reflect the information provided under paragraph (b)(3)(i) of this section.

(3)(i) Each report required by paragraph (d)(1)(i) or (ii) of this section must be submitted in accordance withVerDate Nov<24>2008 23:31 Sep 25, 2009 Jkt 217001 PO 00000 Frm 00333 Fmt 4701 Sfmt 4700 E:\FR\FM\28SEP2.SGM 28SEP2EP28SE09.066</MATH> EP28SE09.067</MATH>mstockstill on DSKH9S0YB1PROD with PROPOSALS 

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paragraph (a)(3) not more than 45 days after the date on which the manufacturer determined, or could have, with reasonable diligence, determined that a report is required under paragraph (d)(1)(i) or (ii) of this section.

(ii) Each report required by paragraph (d)(1)(iii) of this section must be submitted in accordance with paragraph (a)(3) of this section not later than five days after the day by which the manufacturer is required to submit a preliminary calculation of its average fuel economy for the current model year to the Environmental Protection Agency under 40 CFR 600.506.

(4) A supplementary report is not required to be submitted by the manufacturer under paragraph (d)(1)(i) or (ii) of this section:

(i) With respect to information submitted under this part before the most recent report submitted by the manufacturer under this part, or

(ii) When the date specified in paragraph (d)(3) of this section occurs after the day by which the pre-model year report for the model year immediately following the current model year must be submitted by the manufacturer under this part.

(e) Determination of carbon-related exhaust emission values and average carbon-related exhaust emissions.

(1) Vehicle configuration carbonrelated exhaust emission values. (i) For each vehicle configuration for which a carbon-related exhaust emission value is required under paragraph (e)(3) of this section and has been determined and approved under 40 CFR part 600, themanufacturer shall submit that carbonrelated exhaust emission value.

Where:

CAFE required is the required level for a given fleet,



### Figure 3 :

Where:

TARGET is the fuel economy target (in mpg) applicable to vehicles of a given footprint (FOOTPRINT, in square feet), (ii) For each vehicle configuration specified in paragraph (e)(1)(i) of this section for which a carbon-related exhaust emissions value approved under 40 CFR part 600, does not exist, but for which a carbon-related exhaust emissions value determined under that part exists, the manufacturer shall submit that carbon-related exhaust emissions value.

(iii) For each vehicle configuration specified in paragraph (e)(1)(i) of this section for which a carbon-related exhaust emissions value has been neither determined nor approved under 40 CFR part 600, the manufacturer shall submit a carbon-related exhaust emissions value based on tests or analyses comparable to those prescribed or permitted under 40 CFR part 600 and a description of the test procedures or analytical methods used.

(2) Base level and model type carbonrelated exhaust emission values. For each base level and model type, themanufacturer shall submit a carbonrelated exhaust emission value based on the values submitted under paragraph (e)(1) of this section and calculated in the same manner as base level and model type carbon-related exhaust emission values are calculated for use under subpart F of 40 CFR part 600.

(3) Average carbon-related exhaust emissions. Average carbon-related exhaust emissions must be based upon carbon-related exhaust emission values calculated under paragraph (e)(2) of this section for each model type and must be calculated in accordance with 40 CFR 600.506, using the configurations specified in 40 CFR 600.506(a)(2), except that carbon-related exhaust emission values for running changes



### ∑ SALES i Figure 2 : CAFE required = i 

### ∑ SALES i TARGET i i

SALESi is the number of units of model i produced for sale in the United States,
TARGET i is the fuel economy target applicable to model i (according to the



### 1 TARGET = ⎡ ⎛ MIN MAX c × FOOTPRINT ⎢ ⎜ ⎣ ⎝

Parameters a, b, c, and d are defined in Table III, and and for new base levels are required only for those changes made or baselevels added before the average carbonrelated exhaust emission value is required to be submitted under this section.

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 proposes to amend 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 by redesignating paragraph (d) as paragraph (e), revising the introductory text of paragraph (a), revising paragraph (c), and adding a new paragraph (d) to read as follows:

**§ 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.

equation shown in Figure 3 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.



### 1 1 ⎤

⎞
+ d,

, ⎟ ⎥ a b

⎠ ⎦

The MIN and MAX functions take the minimum and maximum, respectively of the included values.VerDate Nov<24>2008 23:31 Sep 25, 2009 Jkt 217001 PO 00000 Frm 00334 Fmt 4701 Sfmt 4700 E:\FR\FM\28SEP2.SGM 28SEP2mstockstill on DSKH9S0YB1PROD with PROPOSALS 

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TABLE 

### III—P ARAMETERS FOR THE 

### P ASSENGER 

### A UTOMOBILE 

### F UEL 

### E CONOMY 

### TARGETS

Model year Parameters

a b c d

2012 ................................................................................................................. 2013 ................................................................................................................. 2014 ................................................................................................................. 2015 ................................................................................................................. 2016 ................................................................................................................. 36.23 37.15 38.08 39.55 41.38 28.1 2 28.6 7 29.2 2 30.0 8 31.1 2 0.0005308 0.0005308 0.0005308 0.0005308 0.0005308 0.005842 0.005153 0.004498 0.003520 0.002406

(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

Minimum Model year standard

2011 .......................... 28.0 2012 .......................... 30.9 2013 .......................... 31.6 2014 .......................... 32.4 2015 .......................... 33.5 2016 .......................... 34.9

* * * * * 3. Add Appendix A to Part 531 to read as follows:
Appendix A to Part 531—Example of Calculating Compliance Under § 531.5 Paragraph (b)

Assume a hypothetical manufacturer (Manufacturer X) produces a fleet of passenger automobiles in MY 2011 as follows:

Appendix A, Table 1

Model Carline Desc Eng/Trans Drive system Fuel econ mpg Production volume Footprint (ft 2 )

A ......................................... PC A ............ 2DS .............. 1.8L, A5 ....... FWD ............. 32.5 1,500 39.2 B ......................................... PC B ............ 2DS .............. 1.8L, M6 ....... FWD ............. 33.1 2,000 39.2 C ......................................... PC C ............ 2DCv ............ 1.8L, A5 ....... FWD ............. 32.3 2,000 39.1 D ......................................... PC D ............ 2DCv ............ 1.8L, M6 ....... FWD ............. 32.9 1,000 39.1 E1 ....................................... PC E ............ 4DS .............. 2.5L, A6 ....... FWD ............. 31.5 3,000 47.1 E2 .......................................

...................... SUV ..............

...................... ...................... 30. 4 1,000 F ......................................... PC F ............. 4DW ............. 2.5L, A6 ....... AWD ............. 30.2 8,000 47.1 G1 ...................................... PC G ............ 4DS .............. 2.5L, A7 ....... FWD ............. 31.7 2,000 48.4 G2 ......................................

...................... SUV ..............

...................... ...................... 30.65,000 H ......................................... PC H ............ 4DS .............. 3.2L, A7 ....... RWD ............ 29.3 5,000 48.4 30,500

Abbreviations: 2DS = two door sedan, 2DCv = two door convertible, SUV = sport utility vehicle, 4DW = four door station wagon, 1.8L = 1.8 liter displacement engine, A5 = five speed automatic transmission, M6 = six speed manual transmission, FWD = front wheel drive, AWD = all wheel drive, and RWD = rear wheel drive.

Note to Appendix A Table 1. Manufacturer targets applicable to each model type (A Appendix A, Table 2 X’s required corporate average fuel economy through H) as illustrated in Appendix A, Manufacturer X calculates target fuel level under section 531.5(b) would first be Table 2. economy values for each model. calculated by determining the fuel economy

Model Carline Base tire Wheel base (in) Track width Foot print (ft 2 ) Prod vol Target fuel econ

(mpg) Front (in) Rear (in) Avg (in)

A ...................................... PC A ............ 205/75R14 ... 96.0 58.8 58.8 58.8 39.2 1,500 31.19 B ...................................... PC B ............ 215/70R15 ... 96.0 58.8 58.8 58.8 39.2 2,000 31.19 C ...................................... PC C ............ 215/70R15 ... 96.1 58.5 58.7 58.6 39.1 2,000 31.19 D ...................................... PC D ............ 235/60R15 ... 96.1 58.5 58.7 58.6 39.1 1,000 31.19 E1 .................................... PC E ............ 225/65R16 ... 105.0 64.7 64.5 64.6 47.1 3,000 30.52 E2 ....................................

...................... ...................... ................ ................ ................ ................ ................ 1,000 F ...................................... PC F ............. 235/65R16 ... 105.0 64.6 64.6 64.6 47.1 8,000 30.52 G1 .................................... PC G ............ 235/65R17 ... 107.0 65.1 65.3 65.2 48.4 2,000 29.34 G2 ....................................

...................... ...................... ................ ................ ................ ................ ................ 5,000 H ...................................... PC H ............ 265/55R18 ... 107.0 65.2 65.2 65.2 48.4 5,000 29.34 30,500

Note to Appendix A Table 2. Accordingly, appropriate fuel economy targets calculated, Appendix A, Figure 1 vehicle models A, B, C, D, E, F, G and H Manufacturer X’s required fuel economy Calculation of Manufacturer X’s target fuel would be compared to fuel economy values would be calculated as illustrated in economy standard. of 31.19, 31.19, 31.19, 31.19, 30.52, 30.52, ‘‘Appendix A Figure 1.’’ 29.34 and 29.34 mpg, respectively. With theVerDate Nov<24>2008 23:31 Sep 25, 2009 Jkt 217001 PO 00000 Frm 00335 Fmt 4701 Sfmt 4700 E:\FR\FM\28SEP2.SGM 28SEP2EP28SE09.068</MATH> EP28SE09.069</MATH> EP28SE09.070</MATH> EP28SE09.071</MATH>mstockstill on DSKH9S0YB1PROD with PROPOSALS 

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Manufacturer’s Passenger Automobile Production for Applica b le Model Year
Volume A Volume B Volume C Volume D Volume E Volume F Volume G Volume H + + + + + + + Target A Target B T arget C Target D Target E Target F Target G Target H

30 500

, 1 500, 2 000 2 000 , 4 000 , 7 000 , , , 1 000 , 8 000 , 5 000 + + + + + + + 31 19 . 31 19 . 30 52 34 . 31 19. 3 . 31 19 . 30 52 . 29

. 29 34

Manufacturer X’s passenger car fleet target Appendix A, Figure 2 fuel economy standard = 30.2 mpg Calculation of Manufacturer X’s actual fuel

economy.



### Manufacturer’s Passenger Automobile Production for Applica b le Model Year
Volume A Volume B Volume C Vo Volume E Volume F Volume G Vo lume D l ume H + + + + + + + Mpg A Mpg B Mpg C Mpg D Mpg E Mpg F Mpg G Mpg H

30 500

, 1 500, 2 000, 2 000

, + + 32 5. 33 1. 32 3.

Manufacturer X’s passenger car fleet actual fuel economy performance = 31.2 mpg

Note to Appendix A Figure 2. Since the actual average fuel economy of Manufacturer X’s fleet is 31.2 mpg, as compared to its required fuel economy level of 30.2 mpg, Manufacturer X complied with the CAFE standard for MY 2011 as set forth in section 531.5(b).

Where:

CAFE required is the required level for a given fleet,



### Figure 3 :

Where:

TARGET is the fuel economy target (in mpg) applicable to vehicles of a given footprint (FOOTPRINT, in square feet), 

### 1 000, 3 000 , 8 000 , 1 000 , + + + + + 32 9. 31 5 . 30 2 . 30 4 .

**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.



# ∑ SALES i 

### Figure 2 : CAFE required 

### = i 

### SALES i 

# ∑ TARGET

i i

SALESi is the number of units of model i produced for sale in the United States, TARGET i is the fuel economy target applicable to model i (according to the equation shown in Figure 3 and based on



### 1 TARGET = ⎡ ⎛ MIN MAX c × FOOTPRINT ⎢ ⎜ ⎣ ⎝

Parameters a , b, c , and d are defined in Table VI, and 

### 2 000, 5 000, 5 000

, + + 31 7. 30 6. 29 .3

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) * * *

* * * * *

the footprint of model i), and the summations in the numerator and denominator are both performed over all models in the fleet in question.



### 11 ⎤ ⎞
+ d,

, ⎟ ⎥ a b

⎠ ⎦

The MIN and MAX functions take the minimum and maximum, respectively of the included values.



### TABLE 

### VI—P ARAMETERS FOR THE 

### L IGHT 

### T RUCK 

### F UEL 

### E CONOMY 

### TARGETS

Model year Parameters

A b c d

2012 ....................

............................................................................................. 29.44 22.0 6 0.0004546 0.01533VerDate Nov<24>2008 23:31 Sep 25, 2009 Jkt 217001 PO 00000 Frm 00336 Fmt 4701 Sfmt 4700 E:\FR\FM\28SEP2.SGM 28SEP2mstockstill on DSKH9S0YB1PROD with PROPOSALS 

### 49788 Federal Register / Vol. 74, No. 186 / Monday, September 28, 2009 / Proposed Rules

TABLE 

### VI—P ARAMETERS FOR THE 

### L IGHT 

### T RUCK 

### F UEL 

### E CONOMY 

### TARGETS

### —Continued

Model year Parameters

A b c d

2013 ................................................................................................................. 2014 ................................................................................................................. 2015 ................................................................................................................. 2016 ................................................................................................................. 30.32 31.30 32.70 34.38 22.5 5 23.0 9 23.8 4 24.7 2 0.0004546 0.0004546 0.0004546 0.0004546 0.01434 0.01331 0.01194 0.01045

* * * * * 6. Revise Appendix A to Part 533 to Appendix A to Part 533—Example of read as follows: Calculating Compliance Under § 533.5 (i) For model years 2012–2016, a Paragraph (h) manufacturer’s light truck fleet shall comply with the fuel economy level Assume a hypothetical manufacturer calculated for that model year according (Manufacturer X) produces a fleet of light trucks in MY 2011 as follows: to Figures 2 and 3 and the appropriate values in Table VI. Appendix A, Table 1

Model Carline Desc Eng/Trans Drive system Fuel econ mpg Production volume Footprint (ft 2 )

A ......................................... PU A ............ RC, MB ........ 4.0L, A5 ....... 2WD ............. 27.1 800 47.8 B ......................................... PU B ............ RC, MB ........ 4.0L, M5 ....... 2WD ............. 27.6 200 47.8 C1 ....................................... PU C ............ RC, LB ......... 4.5L, A5 ....... 2WD ............. 23.9 300 59.7 C2 ....................................... EC,MB .......... 23.7 400 C3 ....................................... CC, SB ......... 23.5 400 D ......................................... PU D ............ CC, SB ......... 4.5L, A6 ....... 2WD ............. 23.6 400 59.7 E1 ....................................... PU E ............ EC, LB ......... 5.0L, A6 ....... 2WD ............. 22.7 500 71.8 E2 ....................................... CC, MB ........ 22.5 500 F1 ....................................... PU F ............. RC, LB ......... 4.5L, A5 ....... 4WD ............. 22.5 1,600 59.8 F2 ....................................... EC, MB ........ 22.3 800 F3 ....................................... CC, SB ......... 22.2 800 G ........................................ PU G ............ CC, SB ......... 5.0L, A6 ....... 4WD ............. 22.3 800 59.8 H1 ....................................... PU H ............ EC, LB ......... 5.0L, A6 ....... 4WD ............. 22.2 1,000 71.9 H2 ....................................... CC, MB ........ 22.1 1,000 9,500

........................ Abbreviations: PU = pickup truck, RC = regular cab, EC = extended cab, CC = crew cab, SB = short cargo bed, MB = medium cargo bed, LB = long cargo bed, 4.0L = 4.0 liter engine, A5 = five speed automatic transmission, M5 = five speed manual transmission, 2WD = two wheel drive, 4WD = four wheel drive.

Appendix A, Table 2

Manufacturer X calculates target fuel economy values for each model.

Model Carline Base tire Wheel base (in) Track width Foot print (ft 2 ) Prod vol Target fuel econ

(mpg) Front (in) Rear (in) Avg (in)

A ...................................... PU A ............ 235/75R15 ... 100.0 68.6 69.0 68.8 47.8 800 30.26 B ...................................... PU B ............ 235/75R15 ... 100.0 68.6 69.0 68.8 47.8 200 30.26 C1 ....................................

...................... ...................... ................ ................ ............. ... ................ ................ 300

................ C2 .................................... PU C ............ 255/70R17 ... 125.0 68.7 68.9 68.8 59.7 400 24.09 C3 ....................................

...................... ...................... ................ ................ ............. ... ................ ................ 400

................ D ...................................... PU D ............ 255/70R17 ... 125.0 68.7 68.9 68.8 59.7 400 24.09 E1 .................................... PU E ............ 275/70R17 ... 150.0 68.9 68.9 68.9 71.8 500 24.00 E2 ....................................

...................... ...................... ................ ................ ............. ... ................ ................ 500

................ F1 ....................................

...................... ...................... ................ ................ ............. ... ................ ................ 1,600

................ F2 .................................... PU F ............. 255/70R17 ... 125.0 69.0 68.8 68.9 59.8 800 24.09 F3 ....................................

...................... ...................... ................ ................ ............. ... ................ ................ 800

................ G ...................................... PU G ............ 255/70R17 ... 125.0 69.0 68.8 68.9 59.8 800 24.09 H1 .................................... PU H ............ 275/70R17 ... 150.0 68.9 69.1 69.0 71.9 1,000 24.00 H2 .................................... 1,000 9,500

................

Note to Appendix A Table 2. Accordingly, of 30.26, 30.26, 24.09, 24.09, 24.00, 24.09, Manufacturer X’s required fuel economy vehicle models A, B, C, D, E, F, G and H 24.09 and 24.00 mpg, respectively. With the would be calculated as illustrated in would be compared to fuel economy values appropriate fuel economy targets calculated, ‘‘Appendix A Figure 1.’’VerDate Nov<24>2008 23:31 Sep 25, 2009 Jkt 217001 PO 00000 Frm 00337 Fmt 4701 Sfmt 4700 E:\FR\FM\28SEP2.SGM 28SEP2EP28SE09.072</MATH> EP28SE09.073</MATH>mstockstill on DSKH9S0YB1PROD with PROPOSALS 

### Federal Register / Vol. 74, No. 186 / Monday, September 28, 2009 / Proposed Rules 

### 49789

Appendix A, Figure 1

Calculation of Manufacturer X’s target fuel economy standard.



### Manufacturer’s Light Truck Production for Applicable Model Year
Volume A Volume B Volume C Vo Volume E Volume F Volume G lume D Volume H + + + + + + + Target A Target B Target C Target D Target E Target F Target G Target H

9 500

, 1 100 3 200

, 800 200

, 400 1 000, , 800 2 000 + + + + + + + 30 26 20 26. 24 09

. 24 00 . 24 09

. . . 24 09 . 24 09

. 24 00

Manufacturer X’s light truck fleet target Appendix A, Figure 2 fuel economy standard = 24.6 mpg Calculation of Manufacturer X’s actual fuel

economy.



### Manufacturer’s Light Truck Production for Applicable Model Year
Volume A Volume B Volume C Volume D Volume E Volume F Volume G Volume H + + + + + + + Mpg A Mpg B Mpg C Mp g Mpg E Mpg F Mpg G Mpg D H

9 500

, 800 200 300 400 + + + + 27 1. 27 6 . 23 7 . 23 9 .

Manufacturer X’s light truck fleet actual fuel economy performance = 23.0 mpg

Note to Appendix A Figure 2. Since the actual average fuel economy of Manufacturer X’s fleet is 23.0 mpg, as compared to its required fuel economy level of 24.6 mpg, Manufacturer X did not comply with the CAFE standard for MY 2011 as set forth in section 533.5(h).

**PART 537—AUTOMOTIVE FUEL ECONOMY REPORTS** 

7. 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.

8. 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.

* * * * *

9. 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.** 
* * * * * 

### 400 400 50 0 500 1 600, 800 + + + + + + 23 5. 23 6. 22 7. 22 5.

. 22 3 22 5

.

(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,

* * * * *

**PART 538—MANUFACTURING INCENTIVES FOR ALTERNATIVE FUEL**  **VEHICLES**

10. 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.

11. 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.

12. 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 

### 800 800

, , 1 000 1 000 + + + 22 2. 22 3. 22 2. 22 1.

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 nautral gas.

13. Revise § 538.7(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: September 15, 2009. Ray LaHood, Secretary, Department of Transportation.

Dated: September 15, 2009. Lisa P. Jackson, Administrator, Environmental Protection Agency. [FR Doc. E9–22516 Filed 9–17–09; 4:15 pm]

**BILLING CODE 4910–59–P; 6560–50–P**