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Gross Vehicle Weight Rating or less 

under the heavy-duty engine or heavyduty vehicle provisions of subpart A of 

this part without advance approval from 

the Administrator if the vehicle was 

originally certified to the heavy-duty 

engine or heavy-duty vehicle provisions 

of subpart A of this part. 

(d) Small volume manufacturers. 

Special certification procedures are 

available for any manufacturer whose 

projected or actual combined sales in all 

States and territories of the United 

States of light-duty vehicles, light-duty 

trucks, heavy-duty vehicles, and 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 CO2 emissions. 

Numerous sections in this subpart refer 

to requirements relating to ‘‘exhaust 

emissions.’’ Unless otherwise specified 

or otherwise determined by the 

Administrator, the term ‘‘exhaust 

emissions’’ refers at a minimum to 

emissions of all pollutants described by 

emission standards in this subpart, 

including carbon dioxide (CO2) 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 CO2.’’ 

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; the 
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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 NOX emission 

credits for complete heavy-duty vehicles 

by the manufacturer generating the 

emission credits, for use in future model 

year certification programs as permitted 

by regulation. 

(2) The retention of cold temperature 

non-methane hydrocarbon (NMHC) 

emission credits for light-duty vehicles, 

light-duty trucks, and medium-duty 

passenger vehicles by the manufacturer 

generating the emission credits, for use 

in future model year certification 

programs as permitted by regulation. 

(3) The retention of NOX emission 

credits for light-duty vehicles, light-duty 

trucks, and medium-duty passenger 

vehicles for use in future model year 

certification programs as permitted by 

regulation. 

(4) The retention of CO2 emission 

credits for light-duty vehicles, light-duty 

trucks, and medium-duty passenger 

vehicles for use in future model year 

certification programs as permitted by 

regulation. 

Base level has the meaning given in 

§ 600.002–08 of this chapter. 

Base tire has the meaning given in 

§ 600.002–08 of this chapter. 

Base vehicle has the meaning given in 

§ 600.002–08 of this chapter. 

Basic engine has the meaning given in 

§ 600.002–08 of this chapter. 

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 emissions 

means 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 CO2 means the CO2 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 

(C2H5OH) 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 CO2 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 NOX 

credits, as permitted in § 86.1860–04(g), 

or to opt out of intermediate life 

standards as permitted in § 86.1811– 

04(c). In such cases, useful life is a 

period of use of 15 years or 150,000 

miles, whichever occurs first, for all 

exhaust, evaporative and refueling 

emission requirements except for cold 

CO standards and standards which are 

applicable only at the time of 

certification. 

(c) Where intermediate useful life 

exhaust emission standards are 

applicable, such standards are 

applicable for five years or 50,000 miles, 

whichever occurs first. 

(d) Where cold CO standards are 

applicable, the useful life requirement 

for compliance with the cold CO 

standard only, is 5 years or 50,000 

miles, whichever occurs first. 

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) system 

capable of monitoring all emissionrelated powertrain systems or 

components during the applicable 

useful life of the vehicle. All systems 

and components required to be 

monitored by these regulations must be 

evaluated periodically, but no less 

frequently than once per applicable 

certification test cycle as defined in 

paragraphs (a) and (d) of Appendix I of 

this part, or similar trip as approved by 

the Administrator. Emissions of CO2 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 that 

a 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 

CO2, N2O, and CH4 exhaust emission 

standards described in § 86.1818–12, 

manufacturers must submit an 

engineering evaluation indicating that 

common calibration approaches are 

utilized at high altitudes. Any deviation 

from low altitude emission control 

practices must be included in the 

auxiliary emission control device 

(AECD) descriptions submitted at 

certification. Any AECD specific to high 

altitude must require engineering 

emission data for EPA evaluation to 

quantify any emission impact and 

validity of the AECD. 

* * * * * 

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 

CO2, N2O, 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, and 
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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 CO2 

standard calculated according to the 

provisions of this paragraph (c). 

Manufacturers must calculate separate 

fleet average CO2 standards for their 

passenger automobile and the light 

truck fleets, as those terms are defined 

in this section. Each manufacturer’s 

fleet average CO2 standards determined 

in this paragraph (c) shall be expressed 

in whole grams per mile, in the model 

year specified as applicable. 

Manufacturers eligible for and choosing 

to participate in the optional interim 

fleet average CO2 standards for 

qualifying manufacturers specified in 

paragraph (e) of this section shall not 

include vehicles subject to the optional 

interim fleet average CO2 standards in 

the calculations of their primary 

passenger automobile or light truck 

standards determined in this paragraph 

(c). Manufacturers shall demonstrate 

compliance with the applicable 

standards according to the provisions of 

§ 86.1865–12. 

(2) Passenger automobiles. 

(i) Calculation of CO2 target values for 

passenger automobiles. A CO2 target 

value shall be determined for each 

passenger automobile as follows: 

(A) For passenger automobiles with a 

footprint of less than or equal to 41 

square feet, the gram/mile CO2 target 

value shall be selected for the 

appropriate model year from the 

following table: 

Model year CO2 target value 

(grams/mile) 

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

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 CO2 target value shall be 

selected for the appropriate model year 

from the following table: 

Model year CO2 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 CO2 target value 

shall be calculated using the following 

equation: 

TargetCO2 = [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 

CO2 exhaust emission standard for their 

passenger automobile fleet, calculated 

for that model year as follows: 

(A) A CO2 target value shall be 

determined according to paragraph 

(c)(2)(i) of this section for each unique 

combination of model type and 

footprint value. 

(B) Each CO2 target value, determined 

for each unique combination of model 

type and footprint value, shall be 

multiplied by the total production of 

that model type/footprint combination 

for the appropriate model year. 

(C) The resulting products shall be 

summed, and that sum shall be divided 

by the total production of passenger 

automobiles in that model year. The 

result shall be rounded to the nearest 

whole gram per mile. This result shall 

be the applicable fleet average CO2 

standard for the manufacturer’s 

passenger automobile fleet. 

(3) Light trucks. 

(i) Calculation of CO2 target values for 

light trucks. A CO2 target value shall be 

determined for each light truck as 

follows: 

(A) For light trucks with a footprint of 

less than or equal to 41 square feet, the 

gram/mile CO2 target value shall be 

selected for the appropriate model year 

from the following table: 

Model year CO2 target value 

(grams/mile) 

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

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 CO2 target value shall be selected 

for the appropriate model year from the 

following table: 

Model year CO2 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 CO2 target value shall be 

calculated using the following equation: 

CO2TargetValue = (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 CO2 exhaust emission standard for 

their light truck fleet, calculated for that 

model year as follows: 

(A) A CO2 target value shall be 

determined according to paragraph 

(c)(2)(i) of this section for each unique 

combination of model type and 

footprint value. 

(B) Each CO2 target value, which 

represents a unique combination of 

model type and footprint value, shall be 

multiplied by the total production of 

that model type/footprint combination 

for the appropriate model year. 

(C) The resulting products shall be 

summed, and that sum shall be divided 

by the total production of light trucks in 

that model year. The result shall be 

rounded to the nearest whole gram per 

mile. This result shall be the applicable 

fleet average CO2 standard for the 

manufacturer’s light truck fleet. 

(d) In-use CO2 exhaust emission 

standards. The in-use exhaust CO2 

emission standard for each model type 
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Federal Register / Vol. 74, No. 186 / Monday, September 28, 2009 / Proposed Rules 49757 

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 CO2-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 CO2 

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 

CO2 standards until they have used all 

available banked CO2 credits and/or CO2 

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 CO2 

standards in such model year. 

(2) To calculate an optional interim 

fleet average CO2 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 CO2 

standard, subject to the limitations 

expressed in paragraphs (e)(1)(iii) and 

(iv) of this section. 

(i) The interim fleet average CO2 

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 CO2 

standard. 

(ii) The interim fleet average CO2 

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 CO2 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) N2O standards for light-duty 

vehicles, light-duty trucks, and mediumduty passenger vehicles. Exhaust 

emissions of nitrous oxide (N2O) shall 

not exceed 0.010 grams per mile at full 

useful life, as measured according to the 

Federal Test Procedure (FTP) described 

in subpart B of this part. 

(g) Methane standards for light-duty 

vehicles, 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) CO2. (i) Unless otherwise specified 

under paragraph (m)(1)(ii) of this 

section, manufacturers may use a 

multiplicative CO2 deterioration factor 

of one or an additive deterioration factor 

of zero. 

(ii) Based on an analysis of industrywide data, EPA may periodically 

establish and/or update the 

deterioration factor for CO2 emissions 

including air conditioning and other 

credit related emissions. Deterioration 

factors established and/or updated 

under this paragraph (m)(1)(ii) will 

provide adequate lead time for 

manufacturers to plan for the change. 

(iii) Alternatively, manufacturers may 

use the whole-vehicle mileage 

accumulation procedures in § 86.1823– 

08 paragraphs (c) or (d)(1) to determine 

CO2 deterioration factors. In this case, 

each FTP test performed on the 

durability data vehicle selected under 

§ 86.1822–01 of this part must also be 

accompanied by an HFET test, and 

combined FTP/HFET CO2 results 

determined by averaging the city (FTP) 

and highway (HFET) CO2 values, 

weighted 0.55 and 0.45 respectively. 

The deterioration factor will be 

determined for this combined CO2 

value. Calculated multiplicative 

deterioration factors that are less than 

one shall be set to equal one, and 

calculated additive deterioration factors 

that are less than zero shall be set to 

zero. 

(iv) If, in the good engineering 

judgment of the manufacturer, the 

deterioration factors determined 

according to paragraphs (m)(1)(i), 

(m)(1)(ii), or (m)(1)(iii) of this section do 

not adequately account for the expected 

CO2 emission deterioration over the 

vehicle’s useful life, the manufacturer 

may petition EPA to request a more 

appropriate deterioration factor. 

(2) N2O and CH4. Deterioration factors 

for N2O 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 

CO2 standards. Manufactures will attest 

to the durability of components and 

systems used to meet the CO2 standards. 

Manufacturers may submit engineering 

data to provide durability 

demonstration. 
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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 CO2), or FEL in the 

case of cold temperature NMHC 

standards, except that a manufacturer 

may request to group vehicles into the 

same test group as vehicles subject to 

more stringent standards, so long as all 

the vehicles within the test group are 

certified to the most stringent standards 

applicable to any vehicle within that 

test group. Light-duty trucks and lightduty vehicles may be included in the 

same test group if all vehicles in the test 

group are subject to the same emission 

standards, with the exception of the CO2 

standard, 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 N2O 

emissions, a manufacturer may provide 

a statement in its application for 

certification that such vehicles comply 

with the applicable standards. Such a 

statement must be based on previous 

emission tests, development tests, or 

other appropriate information and good 

engineering judgment. 

* * * * * 

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 CO2 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 CO2 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 

CO2 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 CO2 

results. 

(ii) The manufacturer shall conduct a 

second retest of the FTP or highway test 

if the fuel economy or CO2 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 CO2 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 CO2 fleet averaging program) the 

lowest fuel economy and highest CO2 

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 CO2 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 CO2 exhaust 

emission standards shall be 

demonstrated at certification by the 

certification levels on the FTP and 

HFET tests for carbon-related exhaust 

emissions determined according to 

§ 600.113–08 of this chapter. 

* * * * * 

(b) To be considered in compliance 

with the standards for the purposes of 

certification, the certification levels for 

the test vehicle calculated in paragraph 

(a) of this section shall be less than or 

equal to the standards for all emission 

constituents to which the test group is 

subject, at both full and intermediate 

useful life as appropriate for that test 

group. 

* * * * * 

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 CO2 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 CO2 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 not 

apply to heavy-duty vehicles or heavyduty engines prior to the 2007 model 

year. These provisions do not apply to 

emissions of CO2, CH4, and N2O. 

* * * * * 

(b) Criteria for additional testing. A 

manufacturer shall test a test group or 

a subset of a test group as described in 

paragraph (j) of this section when the 

results from testing conducted under 

§§ 86.1845–01 and 86.1845–04, as 

applicable, show mean emissions for 

that test group of any pollutant(s) 

(except CO2, CH4, and N2O) to be equal 

to or greater than 1.30 times the 

applicable in-use standard and a failure 

rate, among the test group vehicles, for 

the corresponding pollutant(s) of fifty 

percent or greater. 

* * * * * 

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 

CO2 requirements will be considered a 

failure to satisfy the terms and 

conditions upon which the certificate(s) 

was (were) issued and the vehicles sold 

in violation of the fleet average CO2 

standard will not be covered by the 

certificate(s). The vehicles sold in 

violation will be determined according 

to § 86.1865–12(k)(7). 

(ii) Failure to comply fully with the 

prohibition against selling credits that 

are not generated or that are not 

available, as specified in § 86.1865–12, 

will be considered a failure to satisfy the 

terms and conditions upon which the 

certificate(s) was (were) issued and the 

vehicles sold in violation of this 

prohibition will not be covered by the 

certificate(s). 

* * * * * 

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 or 
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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 CO2 standards. 

(a) Applicability. (1) Unless otherwise 

exempted under the provisions of 

§ 86.1801–12(j), CO2 fleet average 

exhaust emission standards apply to: 

(i) 2012 and later model year 

passenger automobiles and light trucks. 

(ii) Aftermarket conversion systems as 

defined in 40 CFR 85.502. 

(iii) Vehicles imported by ICIs as 

defined in 40 CFR 85.1502. 

(2) The terms ‘‘passenger automobile’’ 

and ‘‘light truck’’ as used in this section 

have the meanings as defined in 

§ 86.1818–12. 

(b) Useful life requirements. Full 

useful life requirements for CO2 

standards are defined in § 86.1818–12. 

There is not an intermediate useful life 

standard for CO2 standards. 

(c) Altitude. Altitude requirements for 

CO2 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 CO2 standards under 

§ 86.1801–12(j). 

(e) CO2 fleet average exhaust emission 

standards. The fleet average standards 

referred to in this section are the 

corporate fleet average CO2 standards 

for passenger automobiles and light 

trucks set forth in 86.1818–12(c) and (e). 

The fleet average CO2 standards 

applicable in a given model year are 

calculated separately for passenger 

automobiles and light trucks for each 

manufacturer and each model year 

according to the provisions in 

§ 86.1818–12. Each manufacturer must 

comply with the applicable CO2 fleet 

average standard on a productionweighted average basis, for each 

separate averaging set, at the end of each 

model year, using the procedure 

described in paragraph (c) of this 

section. 

(f) In-use CO2 standards. In-use CO2 

exhaust emission standards applicable 

to each model type are provided in 

§ 86.1818–12(d). 

(g) Durability procedures and method 

of determining deterioration factors 

(DFs). Deterioration factors for CO2 

exhaust emission standards are 

provided in § 86.1823–08(m). 

(h) Vehicle test procedures. (1) The 

test procedures for demonstrating 

compliance with CO2 exhaust emission 

standards are contained in subpart B of 

this part and subpart B of part 600 of 

this chapter. 

(2) Testing of all passenger 

automobiles and light trucks to 

determine compliance with CO2 exhaust 

emission standards set forth in this 

section must be on a loaded vehicle 

weight (LVW) basis, as defined in 

§ 86.1803–01. 

(3) Testing for the purpose of 

providing certification data is required 

only at low altitude conditions. If 

hardware and software emission control 

strategies used during low altitude 

condition testing are not used similarly 

across all altitudes for in-use operation, 

the manufacturer must include a 

statement in the application for 

certification, in accordance with 

§§ 86.1844–01(d)(11) and 86.1810–12(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: 
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(i) Passenger automobiles subject to 

the fleet average CO2 standards 

specified in § 86.1818–12(c)(2); 

(ii) Light trucks subject to the fleet 

average CO2 standards specified in 

§ 86.1818–12(c)(3); 

(iii) Passenger automobiles subject to 

the optional interim fleet average CO2 

standards specified in § 86.1818–12(e), 

if applicable; and 

(iv) Light trucks subject to the 

optional interim fleet average CO2 

standards specified in § 86.1818–12(e), 

if applicable. 

(j) Certification compliance and 

enforcement requirements for CO2 

exhaust emission standards. (1) 

Compliance and enforcement 

requirements are provided in § 86.1864– 

10 and § 86.1848–10(c)(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 CO2 fleet average 

standard on a production-weighted 

average basis, at the end of each model 

year, using the procedure described in 

paragraph (i) of this section. 

(4) Manufacturers must compute 

separate CO2 fleet averages for passenger 

automobiles and light trucks. The 

production-weighted CO2 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 CO2 

emissions levels of passenger 

automobiles and light trucks, as 

applicable, are at or below the 

applicable fleet average standard; or 

(ii) If the production-weighted average 

is above the applicable fleet average 

standard, manufacturers must obtain 

and apply sufficient CO2 credits as 

authorized under paragraph (k)(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 CO2 standard for four 

consecutive years, the vehicles causing 

the corporate average exceedence will 

be considered not covered by the 

certificate of conformity (see paragraph 

(k)(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 CO2 

averaging, banking and trading (ABT) 

program. (1) A manufacturer whose CO2 

fleet average emissions exceed the 

applicable standard must complete the 

calculation in paragraph (k)(4) of this 

section to determine the size of its CO2 

deficit. A manufacturer whose CO2 fleet 

average emissions are less than the 

applicable standard must complete the 

calculation in paragraph (k)(4) of this 

section to generate CO2 credits. In either 

case, the number of credits or debits 

must be rounded to the nearest whole 

number. 

(2) There are no property rights 

associated with CO2 credits generated 

under this subpart. Credits are a limited 

authorization to emit the designated 

amount of emissions. Nothing in this 

part or any other provision of law 

should be construed to limit EPA’s 

authority to terminate or limit this 

authorization through a rulemaking. 

(3) Each manufacturer must comply 

with the reporting and recordkeeping 

requirements of paragraph (l) of this 

section for CO2 credits, including early 

credits. The averaging, banking and 

trading program is enforceable through 

the certificate of conformity that allows 

the manufacturer to introduce any 

regulated vehicles into commerce. 

(4) Credits are earned on the last day 

of the model year. Manufacturers must 

calculate, for a given model year, the 

number of credits or debits it has 

generated according to the following 

equation, rounded to the nearest 

megagram: 

CO2 Credits or Debits (Mg) = [(CO2 

Standard—Manufacturer’s 

Production-Weighted Fleet Average 

CO2 Emissions) × (Total Number of 

Vehicles Produced) × (Vehicle 

Lifetime Miles)] ÷ 1,000,000 

Where: 

CO2 Standard = the applicable standard for 

the model year as determined by 

§ 86.1818–12; 

Manufacturer’s Production-Weighted Fleet 

Average CO2 Emissions = average 

calculated according to paragraph (i) of 

this section; 

Total Number of Vehicles Produced = The 

number of vehicles domestically 

produced plus those imported as defined 

in 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 CO2 credits shall retain 

their full value through the five 

subsequent model years after the model 

year in which they were generated. 

Credits available at the end of the fifth 

model year after the year in which they 

were generated shall expire. 

(7) Credits may be used as follows: 

(i) Credits generated and calculated 

according to the method in paragraph 

(k)(4) of this section may not be used to 

offset deficits other than those deficits 

accrued with respect to the standard in 

§ 86.1818–12. Credits may be banked 

and used in a future model year in 

which a manufacturer’s average CO2 

level exceeds the applicable standard. 

Credits may be exchanged between the 

passenger automobile and light truck 

fleets of a given manufacturer. Credits 

may also be traded to another 

manufacturer according to the 

provisions in paragraph (k)(8) of this 

section. Before trading or carrying over 

credits to the next model year, a 

manufacturer must apply available 

credits to offset any deficit, where the 

deadline to offset that credit deficit has 

not yet passed. 

(ii) The use of credits shall not change 

Selective Enforcement Auditing or inuse testing failures from a failure to a 

non-failure. The enforcement of the 

averaging standard occurs through the 

vehicle’s certificate of conformity. A 

manufacturer’s certificate of conformity 

is conditioned upon compliance with 

the averaging provisions. The certificate 

will be void ab initio if a manufacturer 
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49762 Federal Register / Vol. 74, No. 186 / Monday, September 28, 2009 / Proposed Rules 

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 CO2 levels below the 

standard and do not plan to bank 

credits. 

(iii) Special provisions for 

manufacturers using the optional 

interim fleet average CO2 standards. (A) 

Credits generated by vehicles subject to 

the fleet average CO2 standards 

specified in § 86.1818–12(c) may only 

be used to offset a deficit generated by 

vehicles subject to the optional interim 

fleet average CO2 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 CO2 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 CO2 

standards through the 2015 model year. 

(C) Credits generated by an averaging 

set subject to the optional interim fleet 

average CO2 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 CO2 

standards specified in § 86.1818– 

12(c)(2) or (3) or otherwise transferred to 

an averaging set subject to the fleet 

average CO2 standards specified in 

§ 86.1818–12(c)(2) or (3). 

(D) Credits generated by vehicles 

subject to the optional interim fleet 

average CO2 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 CO2 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 CO2 

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 

CO2 standards (and therefore not 

covered by the certificate) must be 

calculated. 

(A) Determine the gram per mile 

quantity of debits for the noncompliant 

vehicle category by multiplying the total 

megagram deficit by 1,000,000 and then 

dividing by the vehicle lifetime miles 

for the vehicle category (passenger 

automobile or light truck) specified in 

paragraph (k)(4) of this section. 

(B) Divide the result by the fleet 

average standard applicable to the 

model year in which the deficit failed to 

be offset and round to the nearest whole 

number to determine the number of 

vehicles not meeting the fleet average 

CO2 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 CO2 

emission values first and continuing 

until reaching a number of vehicles 

equal to the calculated number of 

noncomplying vehicles as determined 

in paragraph (k)(7) of this section. If this 

calculation determines that only a 

portion of vehicles in a test group 

contribute to the debit situation, then 

EPA will designate actual vehicles in 

that test group as not covered by the 

certificate, starting with the last vehicle 

produced and counting backwards. 

(iv)(A) If a manufacturer ceases 

production of passenger cars and light 

trucks, the manufacturer continues to be 

responsible for offsetting any debits 

outstanding within the required time 

period. Any failure to offset the debits 

will be considered a violation of 

paragraph (k)(7)(i) of this section and 

may subject the manufacturer to an 

enforcement action for sale of vehicles 

not covered by a certificate, pursuant to 

paragraphs (k)(7)(ii) and (iii) of this 

section. 

(B) If a manufacturer is purchased by, 

merges with, or otherwise combines 

with another manufacturer, the 

controlling entity is responsible for 

offsetting any debits outstanding within 

the required time period. Any failure to 

offset the debits will be considered a 

violation of paragraph (k)(7)(i) of this 

section and may subject the 

manufacturer to an enforcement action 

for sale of vehicles not covered by a 

certificate, pursuant to paragraphs 

(k)(7)(ii) and (iii) of this section. 

(v) For purposes of calculating the 

statute of limitations, a violation of the 

requirements of paragraph (k)(7)(i) of 

this section, a failure to satisfy the 

conditions upon which a certificate(s) 

was issued and hence a sale of vehicles 

not covered by the certificate, all occur 

upon the expiration of the deadline for 

offsetting debits specified in paragraph 

(k)(7)(i) of this section. 

(9) The following provisions apply to 

CO2 credit trading: 

(i) EPA may reject CO2 credit trades 

if the involved manufacturers fail to 

submit the credit trade notification in 

the annual report. 

(ii) A manufacturer may not sell 

credits that are not available for sale 

pursuant to the provisions in paragraph 

(k)(6)(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 CO2 

standards—(1) Maintenance of records. 

(i) Manufacturers producing any lightduty vehicles, light-duty trucks, or 

medium-duty passenger vehicles subject 

to the provisions in this subpart must 

establish, maintain, and retain all the 

following information in adequately 

organized records for each model year: 

(A) Model year. 

(B) Applicable fleet average CO2 

standards for each averaging set as 

defined in paragraph (i) of this section. 
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Federal Register / Vol. 74, No. 186 / Monday, September 28, 2009 / Proposed Rules 49763 

(C) The calculated fleet average CO2 

value for each averaging set as defined 

in paragraph (i) of this section. 

(D) All values used in calculating the 

fleet average CO2 values. 

(ii) Manufacturers producing any 

passenger cars or light trucks subject to 

the provisions in this subpart must 

establish, maintain, and retain all the 

following information in adequately 

organized records for each passenger car 

or light truck subject to this subpart: 

(A) Model year. 

(B) Applicable fleet average CO2 

standard. 

(C) EPA test group. 

(D) Assembly plant. 

(E) Vehicle identification number. 

(F) Carbon-related exhaust emission 

standard to which the passenger car or 

light truck is certified. 

(G) In-use carbon-related exhaust 

emission standard. 

(H) Information on the point of first 

sale, including the purchaser, city, and 

State. 

(iii) Manufacturers must retain all 

required records for a period of eight 

years from the due date for the annual 

report. Records may be stored in any 

format and on any media, as long as 

manufacturers can promptly send EPA 

organized written records in English if 

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 CO2 standard, the calculated 

fleet average CO2 value, all values 

required to calculate the CO2 emissions 

value, the number of credits generated 

or debits incurred, all the values 

required to calculate the credits or 

debits, and the resulting balance of 

credits or debits. 

(ii) For each applicable fleet average 

CO2 standard, the annual report must 

also include documentation on all credit 

transactions the manufacturer has 

engaged in since those included in the 

last report. Information for each 

transaction must include all of the 

following: 

(A) Name of credit provider. 

(B) Name of credit recipient. 

(C) Date the trade occurred. 

(D) Quantity of credits traded in 

megagrams. 

(E) Model year in which the credits 

were earned. 

(iii) Manufacturers calculating early 

air conditioning leakage and/or 

efficiency credits under paragraph (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 CO2 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 CO2 

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 CO2 fleet average 

program described in § 86.1865–12 by 

implementing specific air conditioning 

system technologies designed to reduce 

air conditioning refrigerant leakage over 

the useful life of their passenger cars 

and/or light trucks. Credits shall be 

calculated according to this paragraph 

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49764 Federal Register / Vol. 74, No. 186 / Monday, September 28, 2009 / Proposed Rules 

(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 

CO2 credits. (2) The CO2-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 

⎞
 ⎤


⎥

⎥⎦
 

⎟ GWPHFC134a ⎠


134a

GWPNEW

GWPNEW

GWPHFC

×
 

×
 

Leakage

Leakage

20 7 . 

16 6 . Leakage credit = MaxCredit

Leakage credit = MaxCredit

not R134a, as determined by the 

Administrator; 

GWPHFC134a 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; 

GWPNEW 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 CO2 fleet average 

program described in § 86.1865–12 by 

implementing specific air conditioning 

system technologies designed to reduce 

air conditioning-related CO2 emissions 

over the useful life of their passenger 

cars and/or light trucks. Credits shall be 

calculated according to this paragraph 

(c) for each air conditioning system that 

the manufacturer is using to generate 

CO2 credits. Manufacturers may also 

generate early air conditioning 

efficiency credits under this paragraph 

(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; 

GWPNEW means the global warming potential 

of the refrigerant, if such refrigerant is 

not HFC 134a, as determined by the 

Administrator; 

GWPR134a 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 CO2-equivalent leakage credit 

value in grams per mile determined in 

paragraph (b)(2) of this section. 

Production = The total number of passenger 

cars or light trucks, whichever is 

applicable, produced with the air 

conditioning system to which to the 

leakage credit value from paragraph 

(b)(2) of this section applies. 

VLM = vehicle lifetime miles, which for 

passenger cars shall be 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 the 
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Federal Register / Vol. 74, No. 186 / Monday, September 28, 2009 / Proposed Rules 49765 

Credit = the CO2 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 CO2 emissions as a result of 

the operation of the air conditioning 

system for which efficiency credits are 

being sought. If the air conditioning 

system is being installed in passenger 

automobiles and light trucks, a separate 

determination of the quantity of credits 

for passenger automobiles and light 

trucks must be made, but only one test 

vehicle is required to represent the air 

conditioning system, provided it 

represents the worst-case impact of the 

system on CO2 emissions. 

(iii) For an air conditioning system to 

be eligible to generate credits in the 

2014 and later model years, the 

increased CO2 emissions as a result of 

the operation of that air conditioning 

system determined according to the Idle 

Test Procedure in § 86.165–14 must be 

less than 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 CO2 reduction is 

not captured on the Federal Test 

Procedure or the Highway Fuel 

Economy Test. Manufacturers may 

optionally generate credits applicable to 

the CO2 fleet average program described 

in § 86.1865–12 by implementing 

innovative technologies that have a 

measurable, demonstrable, and 

verifiable real-world CO2 reduction. 

These optional credits are referred to as 

‘‘off-cycle’’ credits and may be earned 

through the 2016 model year. 

(1) Qualification criteria. To qualify 

for this credit, the following must be 

true: 

(i) The technology must be an 

innovative and novel vehicle- or enginebased approach to reducing greenhouse 

gas emissions, and not in widespread 

use. 

(ii) The CO2-reducing impact of the 

technology must not be significantly 

measurable over the Federal Test 

Procedure and the Highway Fuel 

Economy Test. The technology must 

improve CO2 emissions beyond the 

driving conditions of those tests. 

(iii) The technology must be able to be 

demonstrated to be effective for the full 

useful life of the vehicle. Unless the 

manufacturer demonstrates that the 

technology is not subject to in-use 

deterioration, the manufacturer must 

account for the deterioration in their 

analysis. 

(2) Quantifying the CO2 reductions of 

an off-cycle technology. The 

manufacturer may use one of the two 

options specified in this paragraph 

(d)(2) to measure the CO2-reducing 

potential of an innovative off-cycle 

technology. The option described in 

paragraph (d)(2)(ii) of this section may 
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49766 Federal Register / Vol. 74, No. 186 / Monday, September 28, 2009 / Proposed Rules 

be used only with EPA approval, and to 

use that option the manufacturer must 

be able to justify to the Administrator 

why the 5-cycle option described in 

paragraph (d)(2)(i) of this section 

insufficiently characterizes the 

effectiveness of the off-cycle technology. 

The manufacturer should notify EPA in 

their pre-model year report of their 

intention to generate any credits under 

paragraph (d) of this section. 

(i) Technology demonstration using 

EPA 5-cycle methodology. To 

demonstrate an off-cycle technology and 

to determine a CO2 credit using the EPA 

5-cycle methodology, the manufacturer 

shall determine 5-cycle city/highway 

combined carbon-related exhaust 

emissions both with the technology 

installed and operating and without the 

technology installed and/or operating. 

The manufacturer shall conduct the 

following steps, both with the off-cycle 

technology installed and operating and 

without the technology operating or 

installed. 

(A) Determine carbon-related exhaust 

emissions over the FTP, the HFET, the 

US06, the SC03, and the cold 

temperature FTP test procedures 

according to the test procedure 

provisions specified in 40 CFR part 600 

subpart B and using the calculation 

procedures specified in § 600.113–08 of 

this chapter. 

(B) Calculate 5-cycle city and highway 

carbon-related exhaust emissions using 

data determined in paragraph 

(d)(2)(i)(A) of this section according to 

the calculation procedures in 

paragraphs (d) through (f) of 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 exhaust 

emission value determined with the offcycle technology operating from the 5-

cycle city/highway combined carbonrelated exhaust emission value 

determined with the off-cycle 

technology not operating. The result is 

the gram per mile credit amount 

assigned to the technology. 

(ii) Technology demonstration using 

alternative EPA-approved methodology. 

In cases where the EPA 5-cycle 

methodology described in paragraph 

(d)(2)(i) of this section cannot 

adequately measure the emission 

reduction attributable to an innovative 

off-cycle technology, the manufacturer 

may develop an alternative approach. 

Prior to a model year in which a 

manufacturer intends to seek these 

credits, the manufacturer must submit a 

detailed analytical plan to EPA. EPA 

will work with the manufacturer to 

ensure that an analytical plan will result 

in appropriate data for the purposes of 

generating these credits. The alternative 

demonstration program must be 

approved in advance by the 

Administrator and should: 

(A) Use modeling, on-road testing, onroad data collection, or other approved 

analytical or engineering methods; 

(B) Be robust, verifiable, and capable 

of demonstrating the real-world 

emissions benefit with strong statistical 

significance; 

(C) Result in a demonstration of 

baseline and controlled emissions over 

a wide range of driving conditions and 

number of vehicles such that issues of 

data uncertainty are minimized; 

(D) Result in data on a model type 

basis unless the manufacturer 

demonstrates that another basis is 

appropriate and adequate. 

(iii) Calculation of total off-cycle 

credits. Total off-cycle credits in 

Megagrams of CO2 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 CO2 credit 

programs. 

Manufacturers may optionally 

generate CO2 credits in the 2009 through 

2011 model years for use in the 2012 

and later model years subject to 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 CO2 emissions achieved in 

the 2009 through 2011 model years. To 

generate early fleet average CO2 

reduction credits, manufacturers must 

select one of the four pathways 

described in paragraphs (a)(1) through 

(4) of this section. The manufacturer 

may select only one pathway, and that 

pathway must remain in effect for the 

2009 through 2011 model years. Fleet 

average credits (or debits) must be 

calculated and reported to EPA for each 

model year under each selected 

pathway. Early credits are subject to five 

year carry-forward restrictions based on 

the model year in which the credits are 

generated. 

(1) Pathway 1. To earn credits under 

this pathway, the manufacturer shall 

calculate an average carbon-related 

exhaust emission value to the nearest 

one gram per mile for the classes of 

motor vehicles identified in this 

paragraph (a)(1), and the results of such 

calculations will be reported to the 

Administrator for use in determining 

compliance with the applicable CO2 

early credit threshold values. 

(i) An average carbon-related exhaust 

emission value calculation will be made 

for the combined LDV/LDT1 averaging 

set. 

(ii) An average carbon-related exhaust 

emission value calculation will be made 

for the combined LDT2/HLDT/MDPV 

averaging set. 

(iii) Average carbon-related exhaust 

emission values shall be determined 

according to the provisions of 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 CFR 
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Federal Register / Vol. 74, No. 186 / Monday, September 28, 2009 / Proposed Rules 49767 

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 CO2 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: 

CO2 Credits or Debits (Mg) = [(CO2 

Credit Threshold ¥ Manufacturer’s 

Sales Weighted Fleet Average CO2 

Emissions) × (Total Number of 

Vehicles Sold) × (Vehicle Lifetime 

Miles)] ÷ 1,000,000 

Where: 

CO2 Credit Threshold = the applicable credit 

threshold value for the model year and 

vehicle averaging set as determined by 

paragraph (a)(1)(iv) of this section; 

Manufacturer’s Sales Weighted Fleet Average 

CO2 Emissions = average calculated 

according to paragraph (a)(1)(iii) of this 

section; 

Total Number of Vehicles Sold = The number 

of vehicles domestically sold as defined 

in 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 CO2 credit threshold values 

in paragraph (a)(1)(iv) of this section in 

any averaging set for any of the 2009– 

2011 model years must be offset using 

credits accumulated by any averaging 

set in any of the 2009–2011 model years 

before determining the number of 

credits that may be carried forward to 

the 2012. Deficit carry forward and 

credit banking provisions of § 86.1865– 

12 apply to early credits earned under 

this paragraph (a)(1), except that deficits 

may not be carried forward from any of 

the 2009–2011 model years into the 

2012 model year. 

(2) Pathway 2. To earn credits under 

this pathway, manufacturers shall 

calculate an average carbon-related 

exhaust emission value to the nearest 

one gram per mile for the classes of 

motor vehicles identified in paragraph 

(a)(1) of this section, and the results of 

such calculations will be reported to the 

Administrator for use in determining 

compliance with the applicable CO2 

early credit threshold values. 

(i) Credits under this pathway shall be 

calculated according to the provisions of 

paragraph (a)(1) of this section, except 

credits may only be generated by 

vehicles sold in a model year in 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 categories 

of 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 CO2 

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 of 
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49768 Federal Register / Vol. 74, No. 186 / Monday, September 28, 2009 / Proposed Rules 

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 CO2 credit 

threshold values. 

(A) For 2009 and 2010 model year 

passenger automobiles, the fleet average 

CO2 credit threshold value is 323 grams/ 

mile. 

(B) For 2009 model year light trucks 

the fleet average CO2 credit threshold 

value is 381 grams/mile, or, if the 

manufacturer chose to optionally meet 

an alternative manufacturer-specific 

light truck fuel economy standard 

calculated under 49 CFR 533.5 for the 

2009 model year, the gram per mile fleet 

average CO2 credit threshold shall be 

the CO2 value determined by dividing 

8887 by that alternative manufacturerspecific fuel economy standard and 

rounding to the nearest whole gram per 

mile. 

(C) For 2010 model year light trucks 

the fleet average CO2 credit threshold 

value is 376 grams/mile, or, if the 

manufacturer chose to optionally meet 

an alternative manufacturer-specific 

light truck fuel economy standard 

calculated under 49 CFR 533.5 for the 

2010 model year, the gram per mile fleet 

average CO2 credit threshold shall be 

the CO2 value determined by dividing 

8887 by that alternative manufacturerspecific fuel economy standard and 

rounding to the nearest whole gram per 

mile. 

(D) For 2011 model year passenger 

automobiles the fleet average CO2 credit 

threshold value is the value determined 

by dividing 8887 by the manufacturerspecific passenger automobile fuel 

economy standard for the 2011 model 

year determined under 49 CFR 531.5 

and rounding to the nearest whole gram 

per mile. 

(E) For 2011 model year light trucks 

the fleet average CO2 credit threshold 

value is the value determined by 

dividing 8887 by the manufacturerspecific light truck fuel economy 

standard for the 2011 model year 

determined under 49 CFR 533.5 and 

rounding to the nearest whole gram per 

mile. 

(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: 

CO2 Credits or Debits (Mg) = [(CO2 

Credit Threshold ¥ Manufacturer’s 

Sales Weighted Fleet Average CO2 

Emissions) × (Total Number of 

Vehicles Sold) × (Vehicle Lifetime 

Miles)] ÷ 1,000,000 

Where: 

CO2 Credit Threshold = the applicable credit 

threshold value for the model year and 

vehicle averaging set as determined by 

paragraph (a)(3)(vii) of this section; 

Manufacturer’s Sales Weighted Fleet Average 

CO2 Emissions = average calculated 

according to paragraph (a)(3)(vi) of this 

section; 

Total Number of Vehicles Sold = The number 

of vehicles domestically sold as defined 

in 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 with 

the 2012 model year, subject to a fiveyear carry-forward limitation. 

(i) Eligible 2009 model year vehicles 

may be used in the calculation of a 

manufacturer’s fleet average carbonrelated exhaust emissions in the 2012 

through 2014 model years. 

(ii) Eligible 2010 model year vehicles 

may be used in the calculation of a 

manufacturer’s fleet average carbonrelated exhaust emissions in the 2012 

through 2015 model years. 

(iii) Eligible 2011 model year vehicles 

may be used in the calculation of a 

manufacturer’s fleet average carbonrelated exhaust emissions in the 2012 

through 2016 model years. 

(3) (i) To use 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 light 
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Federal Register / Vol. 74, No. 186 / Monday, September 28, 2009 / Proposed Rules 49769 

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 

CO2-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 CO2 

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 CO2, HC, and CO, 

and where applicable for alternative fuel 

vehicles, CH3OH, C2H5OH, C2H4O, 

HCHO, NMHC and CH4. References to 

average fuel economy shall be 

interpreted to also mean average carbonrelated exhaust emissions. References to 

fuel economy data vehicles shall also be 

meant to refer to vehicles tested for 

carbon-related exhaust emissions for the 

purpose of demonstrating compliance 

with fleet average CO2 standards in 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 emissions 

means 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 distance 
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49770 Federal Register / Vol. 74, No. 186 / Monday, September 28, 2009 / Proposed Rules 

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, CO2, 

and, where applicable for alternative 

fuel vehicles, CH3OH, C2H5OH, C2H4O, 

HCHO, NMHC and CH4. The fuel 

economy and CO2 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: 

FE4,000mi = FET[0.979 + 5.25 × 

10¥6(mi)]¥1 

Where: 

FE4,000mi = Fuel economy data adjusted to 

4,000-mile test point rounded to the 

nearest 0.1 mpg. 

FET = Tested fuel economy value rounded to 

the nearest 0.1 mpg. 

mi = System miles accumulated at the start 

of the test rounded to the nearest whole 

mile. 

(ii)(A) The manufacturer shall adjust 

all CO2 exhaust emission test data 

generated by vehicles with engine-drive 

system combinations with more than 

6,200 miles by using the following 

equation: 

CO24,000mi= CO2T[0.979 + 5.25 × 

10¥6(mi)] 

Where: 

CO24,000mi = CO2 emission data adjusted to 

4,000-mile test point. 

CO2T = Tested emissions value of CO2 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. CO2 

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 factors 

established for the respective enginesystem combination per § 86.1841–01 of 

this chapter as applicable will be used; 

or 

(ii) The fuel economy data vehicle 

will be equipped with aged emission 

control components according to the 

provisions of 86.1823–01 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 exhaust 
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Federal Register / Vol. 74, No. 186 / Monday, September 28, 2009 / Proposed Rules 49771 

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 manufacturer 

shall 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 CO2, HC, and CO, 

and where applicable for alternative fuel 

vehicles, CH3OH, C2H5OH, C2H4O, 

HCHO, NMHC and CH4. References to 

average fuel economy shall be 

interpreted to also mean average carbonrelated exhaust emissions. 

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 (CO2); and, 

additionally for methanol-fueled 

automobiles, methanol (CH3OH) and 

formaldehyde (HCHO); and, 

additionally for ethanol-fueled 

automobiles, methanol (CH3OH), 

ethanol (C2H5OH), acetaldehyde 

(C2H4O), and formaldehyde (HCHO); 

and additionally for natural gas-fueled 

vehicles non-methane hydrocarbons 

(NMHC) and methane (CH4) for 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 CO2, HC, and 

CO, and where applicable, CH3OH, 

C2H5OH, C2H4O, 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 CO2, and where applicable, CH3OH, 

C2H5OH, C2H4O, 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 CO2, and where applicable 

CH3OH, C2H5OH, C2H4O, HCHO, NMHC 

and CH4 by dividing the mass values 

obtained in paragraph (b)(1) of this 

section, by the actual distance traveled, 

measured in miles, as specified in 

§ 86.135(h) of this chapter. 

* * * * * 

(c) * * * 

(1) Calculate the weighted grams/mile 

values for the cold temperature FTP test 

for HC, CO and CO2, and where 

applicable, CH3OH, C2H5OH, C2H4O, 

HCHO, NMHC 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 

CO2, and where applicable, CH3OH, 

C2H5OH, C2H4O, HCHO, NMHC and 

CH4 as specified in § 86.144(b) of this 

chapter. 

(2) Calculate separately the grams/ 

mile values for HC, CO and CO2, and 

where applicable, CH3OH, C2H5OH, 

C2H4O, HCHO, NMHC 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 CO2, HC, and CO 

emissions data, or by using appropriate 

OBD data (e.g., fuel flow rate in grams 

of fuel per second), or another method 

approved by the Administrator. 

* * * * * 

(e) Calculate the SC03 fuel economy. 

(1) Calculate the grams/mile values 

for the SC03 test for HC, CO and CO2, 

and where applicable, CH3OH, C2H5OH, 

C2H4O, HCHO, NMHC and CH4 as 

specified in § 86.144(b) of this chapter. 
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49772 Federal Register / Vol. 74, No. 186 / Monday, September 28, 2009 / Proposed Rules 

(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, CO2 and, where 

applicable, CH3OH, C2H5OH, C2H4O, 

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 factor 

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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 CO2 

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 × 104 × CWF × SG)/[((CWF 

× HC) + (0.429 × CO) + (0.273 × 

CO2)) × ((0.6 × SG × NHV) + 5471)] 

Where: 

HC = Grams/mile HC as obtained in 

paragraph (g) of this section. 

CO = Grams/mile CO as obtained in 

paragraph (g) of this section. 

CO2 = Grams/mile CO2 as obtained in 

paragraph (g) of this section. 

CWF = Carbon weight fraction of test fuel as 

obtained in paragraph (g) of this section. 

NHV = Net heating value by mass of test fuel 

as obtained in paragraph (g) of this 

section. 

SG = Specific gravity of test fuel as obtained 

in paragraph (g) of this section. 

(2) 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 + CO2 

Where: 

CREE means the carbon-related exhaust 

emissions as defined in § 600.002–08. 

mpge =

(0 749× CH4 . 

Where: 

mpge = miles per equivalent gallon of natural 

gas. 

CWFHC/NG = carbon weight fraction based on 

the hydrocarbon constituents in the 

natural gas fuel as obtained in paragraph 

(g) of this section. 

) + ( CWFNMHC × NMHC) + (0 429 . ×CO) + (0 273. ×( CO2 2 −CO NG ))

DNG = 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 CWFNMHC = carbon weight fraction of the 

paragraph (g) of this section. non-methane HC constituents in the fuel 

CH4, NMHC, CO, and CO2 = 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. 


CO2 = Grams/mile CO2 as obtained in 


paragraph (g) of this section. 


CWF = Carbon weight fraction of test fuel as 

obtained in paragraph (g) of this section. 

(i)(1) For diesel-fueled automobiles, 

calculate the fuel economy in miles per 

gallon of diesel fuel by dividing 2778 by 

the sum of three terms and rounding the 

quotient to the nearest 0.1 mile per 

gallon: 

(i)(A) 0.866 multiplied by HC (in 

grams/miles as obtained in paragraph (g) 

of this section), or 

(B) Zero, in the case of cold FTP 

diesel tests for which HC was not 

collected, as permitted in § 600.113– 

08(c); 

(ii) 0.429 multiplied by CO (in grams/ 

mile as obtained in paragraph (g) of this 

section); and 

(iii) 0.273 multiplied by CO2 (in 

grams/mile as obtained in paragraph (g) 

of this section). 

(2) For 2012 and later model year 

diesel-fueled automobiles, the carbonrelated exhaust emissions in grams per 

mile is to be calculated using the 

following equation and rounded to the 

nearest 1 gram per mile: 

CREE = 0.866*HC + 1.571*CO + CO2 

Where: 

CREE means the carbon-related exhaust 

emissions as defined in § 600.002–08. 

HC = Grams/mile HC as obtained in 

paragraph (g) of this section. 

CO = Grams/mile CO as obtained in 

paragraph (g) of this section. 

CO2 = Grams/mile CO2 as obtained in 

paragraph (g) of this section. 

(j)(1) For methanol-fueled 

automobiles and automobiles designed 

to operate on mixtures of gasoline and 

methanol, the fuel economy in miles per 

gallon is to be calculated using the 

following equation: 

mpg = (CWF × SG × 3781.8)/((CWFexHC 

× HC) + (0.429 × CO) + (0.273 × 

CO2) + (0.375 × CH3OH) + (0.400 × 

HCHO)) 

Where: 

CWF × 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. 

CWFexHC = Carbon weight fraction of exhaust 

hydrocarbons = CWFg as determined in 

(f)(2)(ii) of this section (for M100 fuel, 

CWFexHC= 0.866). 

HC = Grams/mile HC as obtained in 

paragraph (g) of this section. 

CO = Grams/mile CO as obtained in 

paragraph (g) of this section. 

CO2 = Grams/mile CO2 as obtained in 

paragraph (g) of this section. 

CH3OH = Grams/mile CH3OH (methanol) as 

obtained in paragraph (d) of this section. 

HCHO = Grams/mile HCHO (formaldehyde) 

as obtained in paragraph (g) of this 

section. 

(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 = (CWFexHC × HC) + (1.571 × CO) 

+ (1.374 × CH3OH) + (1.466 × 

HCHO) + CO2 

Where: 

CREE means the carbon-related exhaust 

emission value as defined in § 600.002– 

08. 

CWFexHC = Carbon weight fraction of exhaust 

hydrocarbons = CWFg as determined in 

(f)(2)(ii) of this section (for M100 fuel, 

CWFexHC = 0.866). 

HC = Grams/mile HC as obtained in 

paragraph (g) of this section. 

CO = Grams/mile CO as obtained in 

paragraph (g) of this section. 

CO2 = Grams/mile CO2 as obtained in 

paragraph (g) of this section. 

CH3OH = Grams/mile CH3OH (methanol) as 

obtained in paragraph (d) of this section. 

HCHO = Grams/mile HCHO (formaldehyde) 

as obtained in paragraph (g) of this 

section. 

(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: 

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

CO2NG = grams of carbon dioxide in the CO2NG = FCNG × DNG × WFCO2 

natural gas fuel consumed per mile of Where: 

travel. 

(0 74 . 9 • CH 4 ) + (CWF NMHC • NMHC) + (. 0 429 • CO) + (0.273• CO 2 ) FC = cubic feet of natural gas fuel consumed per mile = NG CWF NG NG • D

Where: 

CWFNG = the carbon weight fraction of the 

natural gas fuel as calculated in 

paragraph (f) of this section. 

WFCO2 = weight fraction carbon dioxide of 

the natural gas fuel calculated using the 

mole fractions and molecular weights of 

the natural gas fuel constituents per 

ASTM D 1945–91 ‘‘Standard Test 

Method for Analysis of Natural Gas by 

Gas Chromatography.’’ 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 + CWFNMHC × 

NMHC + 1.571 × CO + CO2 

Where: 

CREE means the carbon-related exhaust 

emission value as defined in § 600.002– 

08. 

CH4 = Grams/mile CH4 as obtained in 

paragraph (g) of this section. 

NMHC = Grams/mile NMHC as obtained in 

paragraph (g) of this section. 

CO = Grams/mile CO as obtained in 

paragraph (g) of this section. 

CO2 = Grams/mile CO2 as obtained in 

paragraph (g) of this section. 

CWFNMHC = carbon weight fraction of the 

non-methane HC constituents in the fuel 

as determined from the speciated fuel 

composition per paragraph (f)(3) of this 

section. 

(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. 

CO2= Grams/mile CO2as obtained in be calculated using the following paragraph (g) of this section. equation: CH3OH = Grams/mile CH3OH (methanol) as mpg = (CWF × SG × 3781.8)/((CWFexHC obtained in paragraph (d) of this section.

× HC) + (0.429 × CO) + (0.273 × HCHO = Grams/mile HCHO (formaldehyde)

CO2) + (0.375 × CH3OH) + (0.400 × as obtained in paragraph (g) of this 

HCHO) + (0.521 × C2H5OH) + (0.545 section. 

× C2H4O)) C2H5OH = Grams/mile CH3OH (ethanol) as 

obtained in paragraph (d) of this section. Where: C2H4O = Grams/mile C2H4O (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 CWFexHC = Carbon weight fraction of exhaust with advance EPA approval. Alternate hydrocarbons = CWFg as determined in calculation methods may be used if (f)(4) of this section. 

HC = Grams/mile HC as obtained in shown to yield equivalent or superior

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 CO2 = Grams/mile CO2 as obtained in follows: paragraph (g) of this section. 

CH3OH = Grams/mile CH3OH (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).

C2H5OH = Grams/mile CH3OH (ethanol) as 

obtained in paragraph (d) of this section. § 600.114–08 Vehicle-specific 5-cycle fuel 

C2H4O = Grams/mile C2H4O (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 CO2 emissions credits the nearest 1 gram per mile: under the provisions of paragraph (d) of CREE = (CWFexHC × HC) + (1.571 × CO) § 86.1866–12 of this title. 

+ (1.374 × CH3OH) + (1.466 × * * * * * HCHO) + (0.955 × C2H5OH) + (0.999 (d) City carbon-related exhaust × C2H4O) + CO2 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: 

CWFexHC= Carbon weight fraction of exhaust (1) CityCREE = 0.905 × (StartCREE + hydrocarbons = CWFg 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. ⎝ ⎠ 

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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 × Bag275CREE) + (0.41 × 

Bag375CREE) + 0.11 × US06CityCREE)] + 

0.18 × [(0.5 × Bag220CREE) + (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 × 

[SC03CREE ¥ ((0.61 × Bag375CREE) 

+ (0.39 × Bag275CREE))] 

Where: 

BagYXCREE =carbon-related exhaust 

emissions in grams per mile over Bag Y 

at temperature X, 

US06 Highway CREE = carbon-related 

exhaust emissions in grams per mile over 

the highway portion of the US06 test, 

HFET CREE = carbon-related exhaust 

emissions in grams per mile over the 

HFET test, 

Where: 

(1) StartCREE75 = 

3.6 × (Bag1CREE75 ¥ Bag3CREE75) + 3.9 × 

(Bag2CREE75 - Bag4CREE75) 

and 

(2) StartCREE20 = 

= 3.6 × (Bag1CREE20 ¥ Bag3CREE20) 

(B) RunningCREE = 

0.82 × [(0.48 × Bag475CREE) + (0.41 × 

Bag375CREE) + (0.11 × 

US06CityCREE)] + 0.18 × [(0.5 × 

Bag220 CREE) + (0.5 × Bag375 

Bag320CREE)] + 0.144 × [SC03CREE ¥ 

((0.61 × Bag375CREE) + (0.39 × 

Bag275CREE))] 

Where: 

BagYXCREE = carbon-related exhaust 

emissions in grams per mile over Bag Y 

at temperature X. 

US06 City CREE = carbon-related exhaust 

emissions in grams per mile over the 

‘‘city’’ portion of the US06 test. 

SC03 CREE = carbon-related exhaust 

emissions in grams per mile over the 

SC03 test. 

(e) Highway carbon-related exhaust 

emissions. (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 to 

determine city and highway carbonrelated exhaust emissions values. If this 

method is chosen, it must be used to 

determine both city and highway 

carbon-related exhaust emissions. 

Optionally, the following calculations 

may be used, provided that they are 

used to determine both city and 

highway carbon-related exhaust 

emissions values: 

(i) City carbon-related exhaust 

emissions. 

CityCREE = 0.905 × (StartCREE + 

RunningCREE) 

Where: 

(A) StartCREE = 

) ⎞ 75 20 0 33 . ×⎜ ⎟ 4 1. ⎝ 

CREE)] + 0.144 × [(SC03CREE ¥ 

((0.61 × Bag375 CREE) + (0.39 × 

Bag475 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 = 

⎛ ( 0 76 . ×StartCREE + 0 24 .×StartCREE ) ⎞ 75 20 = 0 33 . ×⎜ ⎟ 60 ⎝ ⎠ 

Where: StartCREE20 = 3.6 × (Bag1CREE20 ¥ 1.007 × [(0.79 × US06 HighwayCREE) + 

StartCREE75 = 3.6 × (Bag1CREE75 ¥ Bag3CREE20) (0.21 × HFET CREE)] + 0.045 × 

Bag3CREE75) + 3.9 × (Bag2CREE75 ¥ 

Bag4CREE75) 

and 

(B) RunningCREE = [SC03CREE = ((0.61 × Bag375CREE) 

+ (0.39 × Bag475CREE))] 

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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. StartCREE75 = 3.6 × (Bag1⁄2CREE75 ¥ 

Bag3⁄4CREE75) (B) RunningCREE = 

and 0.82 × [(0.90 × Bag3/475CREE) + (0.10 × 

StartCREE20 = 3.6 × (Bag1CREE20 ¥ US06CityCREE)] + (0.18 × [(0.5 × 

Bag3CREE20) Bag220 CREE) + (0.5 × Bag320 CREE)] Where: + 0.144 × [(SC03CREE ¥ ((Bag3⁄475 

Bag Y FE20= 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 FE75 = 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: 

StartCREE75 = 7.5 × (Bag1⁄2CREE75 ¥ 

Bag3⁄4CREE75) 

and 

StartCREE20 = 3.6 × (Bag1CREE20 ¥ 

Bag3CREE20) 

(B) RunningCREE = 

1.007 × [(0.79 × US06 HighwayCREE) + 

(0.21 × HFET CREE)] + 0.045 × 

[SC03CREE ¥ Bag3/475CREE) 

Where: 

US06 City CREE = carbon-related exhaust 

emissions in grams per mile over the city 

portion of the US06 test, and 

SC03 CREE = carbon-related exhaust 

emissions in grams per mile over the 

SC03 test, and 

Bag Y FE20 = 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 FE75 = carbon-related exhaust 

emissions in grams per mile of fuel during 

phases 1 and 2 or phases 3 and 4 of the FTP 

test conducted at an ambient temperature of 

75 °F. 

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 be 

determined 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 FE75 = 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 FTPbased and HFET-based fuel economy and 

carbon-related exhaust emission values for 

vehicle configurations. 

(a) Fuel economy and carbon-related 

exhaust emissions values determined 

for each vehicle under § 600.113(a) and 

(b) and as approved in § 600.008–08 (c), 

are used to determine FTP-based city, 

HFET-based highway, and combined 

FTP/Highway-based fuel economy and 

carbon-related exhaust emission values 
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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 be 

harmonically averaged and carbonrelated exhaust emission values shall be 

arithmetically averaged. The resultant 

fuel economy values, rounded to the 

nearest 0.0001 mile per gallon, are the 

FTP-based city and HFET-based 

highway fuel economy values for the 

vehicle configuration. The resultant 

carbon-related exhaust emission values, 

rounded to the nearest tenth of a gram 

per mile, are the FTP-based city and 

HFET-based highway carbon-related 

exhaust emission values for the vehicle 

configuration. 

(3)(i) For the purpose of determining 

average fuel economy under § 600.510– 

08, the combined fuel economy value 

for a vehicle configuration is calculated 

by harmonically averaging the FTPbased city and HFET-based highway 

fuel economy values, as determined in 

§ 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-based 

city 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, and 

combined fuel economy and carbonrelated exhaust emission values from 

the tests performed using gasoline or 

diesel test fuel. 

(ii) Calculate the city, highway, and 

combined fuel economy and carbonrelated exhaust emission values from 

the tests performed using alcohol or 

natural gas test fuel. 

(b) If only one equivalent petroleumbased fuel economy value exists for an 

electric vehicle configuration, that 

value, rounded to the nearest tenth of a 

mile per gallon, will comprise the 

petroleum-based fuel economy for that 

configuration. 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 carbonrelated exhaust emission values for a model 

type. 

(a) Fuel economy and carbon-related 

exhaust emission values for a base level 

are calculated from vehicle 

configuration fuel economy and carbonrelated exhaust emission values as 

determined in § 600.206–08(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. 
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49778 Federal Register / Vol. 74, No. 186 / Monday, September 28, 2009 / Proposed Rules 

(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 a 

base level fuel economy or carbonrelated exhaust emission value, if the 

only vehicle configuration(s) within the 

base level are vehicle configuration(s) 

which are intended for sale at high 

altitude, the Administrator may use fuel 

economy and carbon-related exhaust 

emission data from tests conducted on 

these vehicle configuration(s) at high 

altitude to calculate the fuel economy or 

carbon-related exhaust emission value 

for the base level. 

(7) For alcohol dual fuel automobiles 

and natural gas dual fuel automobiles, 

the procedures of paragraphs (a)(1) 

through (6) of this section shall be used 

to calculate two separate sets of city, 

highway, and combined fuel economy 

and carbon-related exhaust emission 

values for each base level. 

(i) Calculate the city, highway, and 

combined fuel economy and carbonrelated exhaust emission values from 

the tests performed using gasoline or 

diesel test fuel. 

(ii) Calculate the city, highway, and 

combined fuel economy and carbonrelated exhaust emission values from 

the tests performed using alcohol or 

natural gas test fuel. 

(b) For each model type, as 

determined by the Administrator, a city, 

highway, and combined fuel economy 

value and a carbon-related exhaust 

emission value will be calculated by 

using the projected sales and fuel 

economy and carbon-related exhaust 

emission values for each base level 

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, and 

combined fuel economy and carbonrelated exhaust emission values from 

the tests performed using gasoline or 

diesel test fuel. 

(ii) Calculate the city, highway, and 

combined fuel economy and carbonrelated exhaust emission values from 

the tests performed using alcohol or 

natural gas test fuel. 

Subpart D—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 Carbonrelated 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 in 
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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 CO2 emission standards. 

(i) An average carbon-related exhaust 

emissions calculation will be made for 

passenger automobiles. 

(ii) An average carbon-related exhaust 

emissions calculation will be made for 

light trucks. 

(b) For the purpose of calculating 

average fuel economy under paragraph 

(c) of this section and for the purpose of 

calculating average carbon-related 

exhaust emissions under paragraph (j) of 

this section: 

(1) All fuel economy and carbonrelated exhaust emissions data 

submitted in accordance with 

§ 600.006(e) or § 600.512(c) shall be 

used. 

(2) The combined city/highway fuel 

economy and carbon-related exhaust 

emission values will be calculated for 

each model type in accordance with 

§ 600.208–08 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 changes 

may be separated by sales into highaltitude sales categories and lowaltitude sales categories. These separate 

sales categories may then be treated 

(only for the purpose of this section) as 

separate configurations in accordance 

with the procedure of § 600.208– 

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; and 
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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: 

AFEadj = AFE[((0.55 × a × c) + (0.45 × 

c) + (0.5556 × a) + 0.4487)/((0.55 × 

a) + 0.45)] + IW 

Where: 

AFEadj = Adjusted average combined fuel 

economy, rounded to the nearest 0.1 

mpg; 

AFE = Average combined fuel economy as 

calculated in paragraph (c) of this 

section, rounded to the nearest 0.0001 

mpg; 

a = Sales-weight average (rounded to the 

nearest 0.0001 mpg) of all model type 

highway fuel economy values (rounded 

to the nearest 0.1 mpg) divided by the 

sales-weighted average (rounded to the 

nearest 0.0001 mpg) of all model type 

city fuel economy values (rounded to the 

nearest 0.1 mpg). The quotient shall be 

rounded to 4 decimal places. These 

average fuel economies shall be 

determined using the methodology of 

paragraph (c) of this section. 

c = 0.0014; 

IW = (9.2917 × 10 ¥3 × SF3IWC × FE3IWC) ¥ 

(3.5123 × 10 ¥3 × SF4ETW × FE4IWC). 

Note: Any calculated value of IW less than 

zero shall be set equal to zero. 

SF3IWC = The 3000 lb. inertia weight class 

sales divided by total sales. The quotient 

shall be rounded to 4 decimal places. 

SF4ETW = The 4000 lb. equivalent test weight 

category sales divided by total sales. The 

quotient shall be rounded to 4 decimal 

places. 

FE4IWC = The sales-weighted average 

combined fuel economy of all 3000 lb. 

inertia weight class base levels in the 

compliance category. Round the result to 

the nearest 0.0001 mpg. 

FE4IWC = The sales-weighted average 

combined fuel economy of all 4000 lb. 

inertia weight class base levels in the 

compliance category. Round the result to 

the nearest 0.0001 mpg. 

(f) The Administrator shall calculate 

and apply additional average fuel 

economy adjustments if, after notice and 

opportunity for comment, the 

Administrator determines that, as a 

result of test procedure changes not 

previously considered, such correction 

is necessary to yield fuel economy test 

results that are comparable to those 

obtained under the 1975 test 

procedures. In making such 

determinations, the Administrator must 

find that: 

(1) A directional change in measured 

fuel economy of an average vehicle can 

be predicted from a revision to the test 

procedures; 

(2) The magnitude of the change in 

measured fuel economy for any vehicle 

or fleet of vehicles caused by a revision 

to the test procedures is quantifiable 

from theoretical calculations or best 

available test data; 

(3) The impact of a change on average 

fuel economy is not due to eliminating 

the ability of manufacturers to take 

advantage of flexibility within the 

existing test procedures to gain 

measured improvements in fuel 

economy which are not the result of 

actual improvements in the fuel 

economy of production vehicles; 

(4) The impact of a change on average 

fuel economy is not solely due to a 

greater ability of manufacturers to 

reflect in average fuel economy those 

design changes expected to have 

comparable effects on in-use fuel 

economy; 

(5) The test procedure change is 

required by EPA or is a change initiated 

by EPA in its laboratory and is not a 

change implemented solely by a 

manufacturer in its own laboratory. 

(g)(1) Alcohol dual fuel automobiles 

and natural gas dual fuel automobiles 

must provide equal or greater energy 

efficiency while operating on alcohol or 

natural gas as while operating on 

gasoline or diesel fuel to obtain the 

CAFE credit determined in paragraphs 

(c)(2)(iv) and (v) of this section or to 

obtain the carbon-related exhaust 

emissions credit determined in 

paragraphs (j)(2)(ii) and (iii). The 

following equation must hold true: 

Ealt/Epet> or = 1 

Where: 

Ealt = [FEalt/(NHValt × Dalt)] × 106 = energy 

efficiency while operating on alternative 

fuel rounded to the nearest 0.01 miles/ 

million BTU. 

Epet = [FEpet/(NHVpet × Dpet)] × 106 = energy 

efficiency while operating on gasoline or 

diesel (petroleum) fuel rounded to the 

nearest 0.01 miles/million BTU. 

FEalt is the fuel economy [miles/gallon for 

liquid fuels or miles/100 standard cubic 

feet for gaseous fuels] while operated on 

the alternative fuel as determined in 

§ 600.113–08(a) and (b); 

FEpet is the fuel economy [miles/gallon] while 

operated on petroleum fuel (gasoline or 

diesel) as determined in § 600.113(a) and 

(b); 

NHValt is the net (lower) heating value [BTU/ 

lb] of the alternative fuel; 

NHVpet is the net (lower) heating value [BTU/ 

lb] of the petroleum fuel; 

Dalt is the density [lb/gallon for liquid fuels 

or lb/100 standard cubic feet for gaseous 

fuels] of the alternative fuel; 

Dpet is the density [lb/gallon] of the 

petroleum fuel. 

(i) The equation must hold true for 

both the FTP city and HFET highway 

fuel economy values for each test of 

each test vehicle. 

(ii)(A) The net heating value for 

alcohol fuels shall be determined per 
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Federal Register / Vol. 74, No. 186 / Monday, September 28, 2009 / Proposed Rules 49781 

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 for 
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49782 Federal Register / Vol. 74, No. 186 / Monday, September 28, 2009 / Proposed Rules 

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 × CREEalt) + ((1¥F) × 

CREEgas) 

Where: 

F = 0.00 unless otherwise approved by the 

Administrator according to the 

provisions of paragraph (k) of this 

section; 

CREEalt = The combined model type carbonrelated exhaust emissions value for 

operation on alcohol fuel as determined 

in § 600.208(b)(5)(ii); and 

CREEgas = The combined model type carbonrelated exhaust emissions value for 

operation on gasoline or diesel fuel as 

determined in § 600.208(b)(5)(i). 

(vii) For natural gas dual fuel model 

types, for model years 2016 and later, 

the combined model type carbon-related 

exhaust emissions value determined 

according to the following formula and 

rounded to the nearest gram per mile: 

CREE = (F × CREEalt) + ((1¥F) × 

CREEgas) 

Where: 

F = 0.00 unless otherwise approved by the 

Administrator according to the 

provisions of paragraph (k) of this 

section; 

CREEalt = The combined model type carbonrelated exhaust emissions value for 

operation on natural gas as determined 

in § 600.208(b)(5)(ii); and 

CREEgas = The combined model type carbonrelated exhaust emissions value for 

operation on gasoline or diesel fuel as 

determined in § 600.208(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 on 

the Administrator’s assessment of realworld use of the alternative fuel. Such 

published values would be available for 

any manufacturer to use. The 

Administrator will periodically update 

these values upon written request from 

a manufacturer. 

(2) The manufacturer may optionally 

submit to the Administrator its own 

demonstration regarding the real-world 

use of the alternative fuel in their 

vehicles and its own estimate of the 

appropriate value of F in the equations 

in paragraphs (j)(2)(vi) and (vii) of this 

section. Depending on the nature of the 

analytical approach, the manufacturer 

could provide estimates of F that are 

model type specific or that are generally 

applicable to the manufacturer’s dual 

fuel fleet. The manufacturer’s analysis 

could include use of data gathered from 

on-board sensors and computers, from 

dual fuel vehicles in fleets that are 

centrally fueled, or from other sources. 

The analysis must be based on sound 

statistical methodology and must 

account for analytical uncertainty. Any 

approval by the Administrator will 

pertain to the use of values of F for the 

model types specified by the 

manufacturer. 

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 exhaust 

emission data used in the FTP/HFETbased model type calculations under 

§ 600.208–12, and subsequently 

required by the Administrator in 

accordance with § 600.507; 

(2)(i) All fuel economy data for 

certification vehicles and for vehicles 

tested for running changes approved 

under § 86.1842–01 of this chapter; 

(ii) All carbon-related exhaust 

emission data for certification vehicles 

and for vehicles tested for running 

changes approved under § 86.1842–01 

of this chapter; 

(3) Any additional fuel economy and 

carbon-related exhaust emission data 

submitted by the manufacturer under 

§ 600.509; 

(4)(i) A fuel economy value for each 

model type of the manufacturer’s 

product line calculated according to 

§ 600.510(b)(2); 

(ii) A carbon-related exhaust emission 

value for each model type of the 

manufacturer’s product line calculated 

according to § 600.510(b)(2); 

(5)(i) The manufacturer’s average fuel 

economy value calculated according to 

§ 600.510(c); 

(ii) The manufacturer’s average 

carbon-related exhaust emission value 

calculated according to § 600.510(j); 

(6) A listing of both domestically and 

nondomestically produced car lines as 
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Federal Register / Vol. 74, No. 186 / Monday, September 28, 2009 / Proposed Rules 49783 

determined in § 600.511 and the cost 

information upon which the 

determination was made; and 

(7) The authenticity and accuracy of 

production data must be attested to by 

the corporation, and shall bear the 

signature of an officer (a corporate 

executive of at least the rank of vicepresident) designated by the 

corporation. Such attestation shall 

constitute a representation by the 

manufacturer that the manufacturer has 

established reasonable, prudent 

procedures to ascertain and provide 

production data that are accurate and 

authentic in all material respects and 

that these procedures have been 

followed by employees of the 

manufacturer involved in the reporting 

process. The signature of the designated 

officer shall constitute a representation 

by the required attestation. 

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 be 

different 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 the 
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49784 Federal Register / Vol. 74, No. 186 / Monday, September 28, 2009 / Proposed Rules 

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 emission 

value 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 CO2 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 CO2 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 CO2 

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 manufacturer 

that 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 with 

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Federal Register / Vol. 74, No. 186 / Monday, September 28, 2009 / Proposed Rules 49785 

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, the 

manufacturer shall submit that carbonrelated exhaust emission value. 

Where: 


CAFErequired 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, the 

manufacturer 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 

∑SALESi

Figure 2 : CAFErequired = i

∑ SALESi

i TARGETi

SALESi is the number of units of model i 

produced for sale in the United States, 

TARGETi is the fuel economy target 

applicable to model i (according to the 

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 base 

levels 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. 
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49786 Federal Register / Vol. 74, No. 186 / Monday, September 28, 2009 / Proposed Rules 

TABLE III—PARAMETERS FOR THE PASSENGER AUTOMOBILE FUEL ECONOMY TARGETS 

Model year 

Parameters 

a b c d 

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

2013 ................................................................................................................. 

2014 ................................................................................................................. 

2015 ................................................................................................................. 

2016 ................................................................................................................. 

36.23 

37.15 

38.08 

39.55 

41.38 

28.12 

28.67 

29.22 

30.08 

31.12 

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 

(ft2) 

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 .............. ...................... ...................... 30.6 5,000 

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 

(ft2) 

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 the 

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Federal Register / Vol. 74, No. 186 / Monday, September 28, 2009 / Proposed Rules 49787 

Manufacturer’s Passenger Automobile Production for Applicable Model Year 

Volume A Volume B Volume C Volume D Volume E Volume F Volume G Volume H

+ + + + + + +

Target A Target B Target 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. 3 . 31 19 . 30 52 . 29 31 19 . 31 19 . 30 52 34 . . 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 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 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: 

CAFErequired 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, 1 000 , 000 , 8 000 + + + + +

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. 


∑SALESi
 

Figure 2 : CAFErequired = i
 

SALESi ∑i TARGETi

SALESi is the number of units of model i 


produced for sale in the United States, 


TARGETi is the fuel economy target 

applicable to model i (according to the 

equation shown in 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—PARAMETERS FOR THE LIGHT TRUCK FUEL ECONOMY TARGETS 

Model year 

Parameters 

A b c d 

2012 ................................................................................................................. 29.44 22.06 0.0004546 0.01533 
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49788 Federal Register / Vol. 74, No. 186 / Monday, September 28, 2009 / Proposed Rules 

TABLE VI—PARAMETERS FOR THE LIGHT TRUCK FUEL ECONOMY TARGETS—Continued 

Model year 

Parameters 

A b c d 

2013 ................................................................................................................. 

2014 ................................................................................................................. 

2015 ................................................................................................................. 

2016 ................................................................................................................. 

30.32 

31.30 

32.70 

34.38 

22.55 

23.09 

23.84 

24.72 

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 

manufacturer’s light truck fleet shall Paragraph (h)

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 

(ft2) 

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 

(ft2) 

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.’’ 

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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 Volume D Volume E Volume F Volume G Volume H

+ + + + + + +

Target A Target B Target C Target D Target E Target F Target G Target H 

9 500 , 

800 200 1 100 , 400 1 000, , 3 200 800 2 000 , + + + + + + +

30 26 20 26. . 24 09 . 24 09 . 24 00 . . 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 Mpg D Mpg E Mpg F Mpg G Mpg 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. 

* * * * * 

400 400 500 500 1 600, 800

+ + + + + +

23 5. 23 6. 22 7. 22 5. 22 5 . 22 3. 

(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