Summary	of	Interagency	Working	Comments	on	Draft	Language	under									

E.O.	13563	and	12866	Interagency	Review.		Subject	to	Further	Policy	Review.

Comments on U.S. Environmental Protection Agency Draft Final Rule, “Control of Air Pollution from 

Motor Vehicles: Tier 3 Motor Vehicle Emission and Fuel Standards,” RIN 2060-AQ86

Section IV.F.5.a – Paragraph # 6 with suggested edits highlighted in yellow:

“In response to the concerns expressed by the manufacturers, EPA has identified five interim changes to 

existing regulations to both clarify testing requirements and to provide the manufacturers a reasonable 

opportunity to continue to test for CAFE, GHG, and labeling purposes on Tier 2 test fuels for each EDV 

and FEDV until such time as EPA determines appropriate adjustments, if any, related to a change to Tier 

3 test fuels. EPA believes these changes can be implemented without impacting the integrity of the 

testing conducted for the criteria pollutant, CAFE, and GHG standards as well as values generated for 

determination of fuel economy labels. It is very important to note that the emission test data generated 

by these early Tier 3/LEVIII vehicles covering both Tier 2 and Tier 3 test fuel will provide data needed to 

assess the “R” value and the impact of the fuel change on the stringency of the CAFE and GHG 

standards, and the calculations for the fuel economy labeling program. This data will be instrumental in 

developing any appropriate adjustments to maintain equivalent stringency for the CAFE and GHG 

standards and to update the fuel economy labeling calculations, as needed. At the present time, EPA 

currently expects to have the needed data in early to mid 2015 such that EPA and NHTSA will then be in 

a position to conduct a thorough assessment of the impacts of different emission test fuels on Tier 

3/LEV III vehicles and to jointly develop any appropriate adjustments and changes.” 

EPA Response (February 24, 2014):

We suggest that the last sentence be edited to read as follows:

At the present time, EPA expects to have the needed data in early to mid 2015 and will then be in a 

position to conduct a thorough assessment of the impacts of different emission test fuels on Tier 3/LEV 

III vehicles and develop any appropriate adjustments and changes, in consultation and coordination with 

NHTSA.

This is consistent with the statutory language from EPCA (pasted here for convenience):

(c) Testing and Calculation Procedures.--The Administrator shall measure 

fuel economy for each model and calculate average fuel economy for a 

manufacturer under testing and calculation procedures prescribed by the 

Administrator. However, except under section 32908 of this title, the 

Administrator shall use the same procedures for passenger automobiles the 

Administrator used for model year 1975 (weighted 55 percent urban cycle 

and 45 percent highway cycle), or procedures that give comparable results. 

A measurement of fuel economy or a calculation of average fuel economy 

(except under section 32908) shall be rounded off to the nearest .1 of a 

mile a gallon. The Administrator shall decide on the quantity of other 

fuel that is equivalent to one gallon of gasoline. To the extent 

practicable, fuel economy tests shall be carried out with emissions tests 

under section 206 of the Clean Air Act (42 U.S.C. 7525).
Summary	of	Interagency	Working	Comments	on	Draft	Language	under									

E.O.	13563	and	12866	Interagency	Review.		Subject	to	Further	Policy	Review.

(d) Effective Date of Procedure or Amendment.--The Administrator shall 

prescribe a procedure under this section, or an amendment (except a 

technical or clerical amendment) in a procedure, at least 12 months before 

the beginning of the model year to which the procedure or amendment 

applies.

(e) Reports and Consultation.--The Administrator shall report measurements 

and calculations under this section to the Secretary of Transportation and 

shall consult and coordinate with the Secretary in carrying out this 

section.

We do not suggest including “currently” in the sentence, in order to avoid redundancy with the 

introductory clause “at the present time.”