Proposed Rulemaking To Establish Light-Duty Vehicle Greenhouse Gas Emission Standards and Corporate Average Fuel Economy Standards

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[Federal Register: September 28, 2009 (Volume 74, Number 186)]
[Proposed Rules]
[Page 49753-49789]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28se09-30]

Proposed Rulemaking To Establish Light-Duty Vehicle Greenhouse
Gas Emission Standards and Corporate Average Fuel Economy Standards

[[Continued from page 49752]]

[[Page 49753]]

Gross Vehicle Weight Rating or less under the heavy-duty engine or
heavy-duty vehicle provisions of subpart A of this part without advance
approval from the Administrator if the vehicle was originally certified
to the heavy-duty engine or heavy-duty vehicle provisions of subpart A
of this part.
    (d) Small volume manufacturers. Special certification procedures
are available for any manufacturer whose projected or actual combined
sales in all States and territories of the United States of light-duty
vehicles, light-duty trucks, heavy-duty vehicles, and heavy-duty
engines in its product line (including all vehicles and engines
imported under the provisions of 40 CFR 85.1505 and 85.1509) are fewer
than 15,000 units for the model year in which the manufacturer seeks
certification. The small volume manufacturer's light-duty vehicle and
light-duty truck certification procedures and described in Sec.  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 Sec.  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 Sec.  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 ``Multi-fuel 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 ``Plug-in 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.''

Sec.  86.1803-01  Definitions.

* * * * *
    Air Conditioning Idle Test means the test procedure specified in
Sec.  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

[[Page 49754]]

number of high side service ports; the number of low side service
ports; the number of switches, transducers, and expansion valves; the
number of TXV refrigerant control devices; the number and type of heat
exchangers, mufflers, receiver/dryers, and accumulators; and the type of
flexible hose (e.g., rubber, standard barrier or veneer, ultra-low permeation).
* * * * *
    Banking means one of the following:
    (1) The retention of NO_X emission credits for complete
heavy-duty vehicles by the manufacturer generating the emission
credits, for use in future model year certification programs as
permitted by regulation.
    (2) The retention of cold temperature non-methane hydrocarbon
(NMHC) emission credits for light-duty vehicles, light-duty trucks, and
medium-duty passenger vehicles by the manufacturer generating the
emission credits, for use in future model year certification programs
as permitted by regulation.
    (3) The retention of NO_X emission credits for light-duty
vehicles, light-duty trucks, and medium-duty passenger vehicles for use
in future model year certification programs as permitted by regulation.
    (4) The retention of 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 Sec.  600.002-08 of this chapter.
    Base tire has the meaning given in Sec.  600.002-08 of this chapter.
    Base vehicle has the meaning given in Sec.  600.002-08 of this chapter.
    Basic engine has the meaning given in Sec.  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 carbon-
containing constituents of the exhaust emissions, with each constituent
adjusted by a coefficient representing the carbon weight fraction of
each constituent, as specified in Sec.  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 Sec.  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
Sec.  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 Sec.  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 Sec.  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 Sec.  86.1.
* * * * *

[[Page 49755]]

    Subconfiguration has the meaning given in Sec.  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 Sec.  600.002-08 of this chapter.
    Transmission configuration has the meaning given in Sec.  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:

Sec.  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 NO_X credits, as permitted in Sec.  86.1860-04(g),
or to opt out of intermediate life standards as permitted in Sec. 
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:

Sec.  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
emission-related 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:

Sec.  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 non-methane 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 [deg]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:

Sec.  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
Sec.  86.1811-04(f);
    (ii) The cold temperature NMHC emission standards as described in
Sec.  86.1811-10(g);
    (iii) The evaporative emission standards as described in Sec.  86.1811-09(e).
    (2) For vehicles that comply with the cold temperature NMHC
standards described in Sec.  86.1811-10(g) and the CO₂,
N₂O, and CH₄ exhaust emission standards described
in Sec.  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 Sec.  86.1818-12 is added to read as follows:

Sec.  86.1818-12  Greenhouse gas emission standards for light-duty
vehicles, light-duty trucks, and medium-duty passenger vehicles.

    (a) Applicability. This section contains regulations implementing
greenhouse gas emission standards for CO_2, 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

[[Page 49756]]

medium-duty passenger vehicles. Manufacturers meeting the requirements
of Sec.  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 Sec.  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:

------------------------------------------------------------------------
                                                        CO2 target value
                      Model year                          (grams/mile)
------------------------------------------------------------------------
2012.................................................                242
2013.................................................                234
2014.................................................                227
2015.................................................                215
2016 and later.......................................                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:

------------------------------------------------------------------------
                                                        CO2 target value
                      Model year                          (grams/mile)
------------------------------------------------------------------------
2012.................................................                313
2013.................................................                305
2014.................................................                297
2015.................................................                286
2016 and later.......................................                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 x f] + b

Where:

f is the vehicle footprint, as defined in Sec.  86.1803; and
b is selected from the following table for the appropriate model year:

------------------------------------------------------------------------
                      Model year                               b
------------------------------------------------------------------------
2012.................................................               48.8
2013.................................................               40.8
2014.................................................               33.2
2015.................................................               22.0
2016 and later.......................................               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:

------------------------------------------------------------------------
                                                        CO2 target value
                      Model year                          (grams/mile)
------------------------------------------------------------------------
2012.................................................                298
2013.................................................                287
2014.................................................                276
2015.................................................                261
2016 and later.......................................                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:

------------------------------------------------------------------------
                                                        CO2 target value
                      Model year                          (grams/mile)
------------------------------------------------------------------------
2012.................................................                399
2013.................................................                388
2014.................................................                377
2015.................................................                362
2016 and later.......................................                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 x f) + b

Where:

f is the footprint, as defined in Sec.  86.1803; and
b is selected from the following table for the appropriate model year:

------------------------------------------------------------------------
                      Model year                               b
------------------------------------------------------------------------
2012.................................................              132.6
2013.................................................              121.6
2014.................................................              110.3
2015.................................................               95.2
2016 and later.......................................               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

[[Page 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 Sec.  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 Sec.  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
Sec.  86.1865-12.
    (f) N2O standards for light-duty vehicles, light-duty trucks, and
medium-duty 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 medium-duty 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:

Sec.  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 industry-wide 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 Sec.  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
Sec.  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 Sec.  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.

[[Page 49758]]

    18. Section 86.1827-01 is amended by revising paragraph (a)(5) and
by adding paragraph (f) to read as follows:

Sec.  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 light-duty 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:

Sec.  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 Sec.  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).

Sec.  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:

Sec.  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 Sec.  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).

Sec.  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.
* * * * *

[[Page 49759]]

    (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:

Sec.  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 Sec. Sec.  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
heavy-duty 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 Sec. Sec. 
86.1845-01 and 86.1845-04, as applicable, show mean emissions for that
test group of any pollutant(s) (except CO_2, CH₄,
and 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:

Sec.  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 Sec. Sec.  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 Sec.  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 Sec.  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 Sec.  86.1854-12 is added to read as follows:

Sec.  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 Sec.  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 Sec. Sec.  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

[[Page 49760]]

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 Sec.  86.1865-12 is added to subpart S to read as follows:

Sec.  86.1865-12  How to comply with the fleet average CO₂ standards.

    (a) Applicability. (1) Unless otherwise exempted under the
provisions of Sec.  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 Sec.  86.1818-12.
    (b) Useful life requirements. Full useful life requirements for
CO₂ standards are defined in Sec.  86.1818-12. There is not
an intermediate useful life standard for CO₂ standards.
    (c) Altitude. Altitude requirements for CO₂ standards
are provided in Sec.  86.1810-12(f).
    (d) Small volume manufacturer certification procedures.
Certification procedures for small volume manufacturers are provided in
Sec.  86.1838-01. Small businesses meeting certain criteria may be
exempted from the fleet average CO₂ standards under Sec.  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 Sec.  86.1818-12. Each
manufacturer must comply with the applicable CO₂ fleet
average standard on a production-weighted 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 Sec.  86.1818-12(d).
    (g) Durability procedures and method of determining deterioration
factors (DFs). Deterioration factors for CO₂ exhaust
emission standards are provided in Sec.  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 Sec.  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 Sec. Sec.  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 Sec.  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:

[[Page 49761]]

    (i) Passenger automobiles subject to the fleet average
CO₂ standards specified in Sec.  86.1818-12(c)(2);
    (ii) Light trucks subject to the fleet average CO₂
standards specified in Sec.  86.1818-12(c)(3);
    (iii) Passenger automobiles subject to the optional interim fleet
average CO₂ standards specified in Sec.  86.1818-12(e), if
applicable; and
    (iv) Light trucks subject to the optional interim fleet average
CO₂ standards specified in Sec.  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 Sec.  86.1864-10 and Sec.  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) x (Total Number of Vehicles Produced) x (Vehicle Lifetime
Miles)] / 1,000,000

Where:

CO₂ Standard = the applicable standard for the model year
as determined by Sec.  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 Sec. 
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 in-use 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

[[Page 49762]]

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
Sec.  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 Sec.  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 Sec.  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 Sec. 
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 Sec.  86.1818-12(c)(2) or (3) or
otherwise transferred to an averaging set subject to the fleet average
CO₂ standards specified in Sec.  86.1818-12(c)(2) or (3).
    (D) Credits generated by vehicles subject to the optional interim
fleet average CO₂ standards specified in Sec.  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 Sec. 
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 Sec.  86.1818-12(c)
may not trade those credits or bank those credits earned against the
fleet average standards in Sec.  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 light-duty 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.

[[Page 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 Sec.  86.1844-
01(e) or the annual report required under Sec.  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 Sec.  86.614-84 for light-duty
vehicles or Sec.  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:

Sec.  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 Sec. 
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 Sec.  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 Sec.  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

[[Page 49764]]

(b) for each air conditioning system that the manufacturer is using to
generate CO₂ credits.
    (1) The manufacturer shall calculate an annual rate of refrigerant
leakage from an air conditioning system in grams per year according to
the provisions of Sec.  86.166-12.
    (2) The CO₂-equivalent gram per mile leakage reduction
to be used to calculate the total credits generated by the air
conditioning system shall be determined according to the following
formulae, rounded to the nearest tenth of a gram per mile:
    (i) Passenger automobiles:
    [GRAPHIC] [TIFF OMITTED] TP28SE09.056
   
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 provisions of Sec.  86.166-12(a), except if the
calculated rate is less than 8.3 grams per year the rate for the
purpose of this formula shall be 8.3 grams per year;
GWP_NEW means the global warming potential of the
refrigerant, if such refrigerant is not R134a, as determined by the Administrator;
GWP_HFC134a means the global warming potential of HFC
134a, which shall be equal to 1430 unless determined otherwise by
the Administrator.

    (ii) Light trucks:
    [GRAPHIC] [TIFF OMITTED] TP28SE09.057
   
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 Sec.  86.166-12(a), except if the
calculated rate is less than 10.4 grams per year the rate for the
purpose of this formula shall be 10.4 grams per year;
GWP_NEW means the global warming potential of the
refrigerant, if such refrigerant is not HFC 134a, as determined by
the Administrator;
GWP_R134a means the global warming potential of HFC 134a,
which shall be equal to 1430 unless determined otherwise by the Administrator.

    (3) The total leakage reduction credits generated by the air
conditioning system shall be calculated separately for passenger cars
and light trucks according to the following formula:

Total Credits (megagrams) = (Leakage x Production x 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 Sec.  86.1865-12(k)(5).
    (c) Credits for improving air conditioning system efficiency.
Manufacturers may generate credits applicable to the CO₂
fleet average program described in Sec.  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 Sec.  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 externally-controlled, variable-
displacement compressor: 1.7 g/mi.
    (ii) Reduced reheat, with externally-controlled, fixed-displacement
or pneumatic variable displacement compressor: 1.1 g/mi.
    (iii) Default to recirculated air mode whenever the air
conditioning system is being used to reduce cabin air temperature and
the outside air temperature is greater than 75 [deg]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 x Production x VLM) / 1,000,000

Where:

[[Page 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 Sec.  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 Sec.  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 Sec.  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 Sec.  86.165-12 (d).
    (6) The following definitions apply to this paragraph (c):
    (i) Reduced reheat, with externally-controlled, 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 [deg]F, or higher.
    (ii) Reduced reheat, with externally-controlled, 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 [deg]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 Sec.  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 Sec.  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
engine-based 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

[[Page 49766]]

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 Sec. 
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 off-cycle technology
operating from the 5-cycle city/highway combined carbon-related 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, on-road 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 x Production x 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 Sec.  86.1867-12 is added to subpart S to read as follows:

Sec.  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

[[Page 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..........................  321..............  437
2010..........................  299..............  418
2011..........................  265..............  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) x (Total Number of Vehicles Sold) x (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 Sec.  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, light-duty trucks up through 6,000 pounds GVWR, and
medium-duty vehicles from 6,001 to 14,000 pounds GVWR, as these
categories of motor vehicles are defined in the California Code of
Regulations, Title 13, Division 3, Chapter 1, Article 1, Section 1900.
    (ii) A deficit in any averaging set for any of the 2009-2011 model
years must be offset using credits accumulated by any averaging set in
any of the 2009-2011 model years before determining the number of
credits that may be carried forward to the 2012 model year. Deficit
carry forward and credit banking provisions of Sec.  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

[[Page 49768]]

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 manufacturer-specific
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 manufacturer-specific
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 manufacturer-specific 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 manufacturer-specific 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) x (Total Number of Vehicles Sold) x (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 Sec. 
86.1866-12 and/or air conditioning efficiency credits according to the
provisions of Sec.  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 Sec. 
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 five-year carry-forward limitation.
    (i) Eligible 2009 model year vehicles may be used in the
calculation of a manufacturer's fleet average carbon-related 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 carbon-related 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 carbon-related 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 Sec. 
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

[[Page 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
Sec.  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 Sec.  600.001-12 is added to subpart A to read as follows:

Sec.  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
carbon-related 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 ``Non-passenger automobile.''
    i. By revising the definition for ``Passenger automobile.''
    j. By adding the definition for ``Plug-in hybrid electric vehicle.''

Sec.  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 carbon-
containing constituents of the exhaust emissions, with each constituent
adjusted by a coefficient representing the carbon weight fraction of
each constituent, as specified in Sec.  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 Sec.  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

[[Page 49770]]

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).

Sec.  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:

FE_4,000mi = FE_T[0.979 + 5.25 x
10-6(mi)]-1

Where:

FE_4,000mi = Fuel economy data adjusted to 4,000-mile test
point rounded to the nearest 0.1 mpg.
FE_T = Tested fuel economy value rounded to the nearest 0.1 mpg.
mi = System miles accumulated at the start of the test rounded to
the nearest whole mile.

    (ii)(A) The manufacturer shall adjust all CO₂ exhaust
emission test data generated by vehicles with engine-drive system
combinations with more than 6,200 miles by using the following equation:

CO2_4,000mi= CO_2T[0.979 + 5.25 x
10-6(mi)]

Where:

CO2_4,000mi = CO₂ emission data adjusted to
4,000-mile test point.
CO_2T = 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.

Sec.  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
engine-system combination per Sec.  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 Sec.  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 Sec. 
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 Sec.  600.008.
* * * * *
    (f) All vehicles used to generate fuel economy and carbon-related exhaust

[[Page 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:

Sec.  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 carbon-
related exhaust emissions test results to represent the vehicle.
* * * * *

Subpart B--[Amended]

    37. A new Sec.  600.101-12 is added to subpart B to read as follows:

Sec.  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
carbon-related 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).

Sec.  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 Sec.  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 Sec.  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 Sec. 
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 Sec.  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 Sec.  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 Sec.  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 Sec. 
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 Sec.  86.144(b) of this chapter.

[[Page 49772]]

    (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 x volume fraction gasoline + SGm x volume fraction ethanol.

    (ii)(A) Carbon weight fraction using the following equation:

CWF = CWFg x MFg+ 0.375 x 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 x SGg)/(G x SGg + E x SGm)
MFe = Mass fraction methanol = (E x SGm)/(G x SGg + E x 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

[[Page 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 Sec.  86.094-
26(a)(6)(iii) or Sec.  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 Sec.  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 x 10\4\ x CWF x SG)/[((CWF x HC) + (0.429 x CO) + (0.273 x
CO₂)) x ((0.6 x SG x 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 Sec.  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 Sec. 
600.002-08.
HC = Grams/mile HC as obtained in paragraph (g) of this section.
CO = Grams/mile CO as obtained in paragraph (g) of this section.
CO₂ = Grams/mile CO₂ as obtained in paragraph
(g) of this section.
CWF = Carbon weight fraction of test fuel as obtained in paragraph
(g) of this section.

    (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 Sec.  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
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 = 0.866*HC + 1.571*CO + CO₂

Where:

CREE means the carbon-related exhaust emissions as defined in Sec. 
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 x SG x 3781.8)/((CWF_exHC x HC) + (0.429 x CO) +
(0.273 x CO₂) + (0.375 x CH₃OH) + (0.400 x HCHO))

Where:

CWF = Carbon weight fraction of the fuel as determined in paragraph
(f)(2)(ii) of this section.
SG = Specific gravity of the fuel as determined in paragraph
(f)(2)(i) of this section.
CWF_exHC = Carbon weight fraction of exhaust hydrocarbons
= CWF_g as determined in (f)(2)(ii) of this section (for
M100 fuel, CWF_exHC= 0.866).
HC = Grams/mile HC as obtained in paragraph (g) of this section.
CO = Grams/mile CO as obtained in paragraph (g) of this section.
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 = (CWF_exHC x HC) + (1.571 x CO) + (1.374 x
CH₃OH) + (1.466 x HCHO) + CO₂

Where:

CREE means the carbon-related exhaust emission value as defined in
Sec.  600.002-08.
CWF_exHC = Carbon weight fraction of exhaust hydrocarbons
= CWF_g as determined in (f)(2)(ii) of this section (for
M100 fuel, CWF_exHC = 0.866).
HC = Grams/mile HC as obtained in paragraph (g) of this section.
CO = Grams/mile CO as obtained in paragraph (g) of this section.
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:
[GRAPHIC] [TIFF OMITTED] TP28SE09.058

Where:

mpg_e = miles per equivalent gallon of natural gas.
CWF_HC/NG = carbon weight fraction based on the
hydrocarbon constituents in the natural gas fuel as obtained in
paragraph (g) of this section.
D_NG = density of the natural gas fuel [grams/ft \3\ at 68
[deg]F (20 [deg]C) and 760 mm Hg (101.3 kPa)] pressure as obtained
in paragraph (g) of this section.
CH₄, NMHC, CO, and CO₂ = weighted mass exhaust
emissions [grams/mile] for methane, non-methane HC, carbon monoxide,
and carbon dioxide as calculated in Sec.  600.113.
CWF_NMHC = carbon weight fraction of the non-methane HC
constituents in the fuel as determined from the speciated fuel
composition per paragraph (f)(3) of this section.

[[Page 49774]]

CO_2NG = grams of carbon dioxide in the natural gas fuel
consumed per mile of travel.
CO_2NG = FC_NG x D_NG x
WF_CO2
Where:

[GRAPHIC] [TIFF OMITTED] TP28SE09.059

Where:

CWF_NG = the carbon weight fraction of the natural gas
fuel as calculated in paragraph (f) of this section.
WF_CO2 = weight fraction carbon dioxide of the natural gas
fuel calculated using the mole fractions and molecular weights of
the natural gas fuel constituents per ASTM D 1945-91 ``Standard Test
Method for Analysis of Natural Gas by Gas Chromatography.'' This
incorporation by reference was approved by the Director of the
Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part
51. Copies may be obtained from the American Society for Testing and
Materials, 100 Barr Harbor Drive, P.O. Box C700, West Conshohocken,
PA 19428-2959. Copies may be inspected at U.S. EPA Headquarters
Library, EPA West Building, Constitution Avenue and 14th Street,
NW., Room 3340, Washington, DC, or at the National Archives and
Records Administration (NARA). For information on the availability
of this material at NARA, call 202-741-6030, or go to: http://
www.archives.gov/federal_register/code_of_federal_regulations/
ibr_locations.html.

    (2) For automobiles fueled with natural gas, the carbon-related
exhaust emissions in grams per mile is to be calculated for 2012 and
later model year vehicles using the following equation and rounded to
the nearest 1 gram per mile:

CREE = 10.916 x CH₄ + CWF_NMHC x NMHC + 1.571 x CO
+ CO₂

Where:

CREE means the carbon-related exhaust emission value as defined in
Sec.  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.
CWF_NMHC = carbon weight fraction of the non-methane HC
constituents in the fuel as determined from the speciated fuel
composition per paragraph (f)(3) of this section.

    (l)(1) For ethanol-fueled automobiles and automobiles designed to
operate on mixtures of gasoline and ethanol, the fuel economy in miles
per gallon is to be calculated using the following equation:

mpg = (CWF x SG x 3781.8)/((CWF_exHC x HC) + (0.429 x CO) +
(0.273 x CO₂) + (0.375 x CH₃OH) + (0.400 x HCHO)
+ (0.521 x C₂H₅OH) + (0.545 x
C₂H₄O))

Where:

CWF = Carbon weight fraction of the fuel as determined in paragraph
(f)(4) of this section.
SG = Specific gravity of the fuel as determined in paragraph (f)(4)
of this section.
CWF_exHC = Carbon weight fraction of exhaust hydrocarbons
= CWF_g as determined in (f)(4) of this section.
HC = Grams/mile HC as obtained in paragraph (g) of this section.
CO = Grams/mile CO as obtained in paragraph (g) of this section.
CO₂ = Grams/mile CO₂ as obtained in paragraph
(g) of this section.
CH₃OH = Grams/mile CH₃OH (methanol) as
obtained in paragraph (d) of this section.
HCHO = Grams/mile HCHO (formaldehyde) as obtained in paragraph (g)
of this section.
C₂H₅OH = Grams/mile CH₃OH (ethanol)
as obtained in paragraph (d) of this section.
C₂H₄O = Grams/mile C₂H₄O
(acetaldehyde) as obtained in paragraph (d) of this section.

    (2) For 2012 and later model year ethanol-fueled automobiles and
automobiles designed to operate on mixtures of gasoline and ethanol,
the carbon-related exhaust emissions in grams per mile is to be
calculated using the following equation and rounded to the nearest 1
gram per mile:

CREE = (CWF_exHC x HC) + (1.571 x CO) + (1.374 x
CH₃OH) + (1.466 x HCHO) + (0.955 x
C₂H₅OH) + (0.999 x C₂H₄O) +
CO₂

Where:

CREE means the carbon-related exhaust emission value as defined in
Sec.  600.002-08.
CWF_exHC= Carbon weight fraction of exhaust hydrocarbons =
CWF_g as determined in (f)(4) of this section.
HC = Grams/mile HC as obtained in paragraph (g) of this section.
CO = Grams/mile CO as obtained in paragraph (g) of this section.
CO₂= Grams/mile CO₂as obtained in paragraph
(g) of this section.
CH₃OH = Grams/mile CH₃OH (methanol) as
obtained in paragraph (d) of this section.
HCHO = Grams/mile HCHO (formaldehyde) as obtained in paragraph (g)
of this section.
C₂H₅OH = Grams/mile CH₃OH (ethanol)
as obtained in paragraph (d) of this section.
C₂H₄O = Grams/mile C₂H₄O
(acetaldehyde) as obtained in paragraph (d) of this section.

    (m) Equations for fuels other than those specified in paragraphs
(h) through (l) of this section may be used with advance EPA approval.
Alternate calculation methods may be used if shown to yield equivalent
or superior results and if approved in advance by the Administrator.
    39. Section 600.114-08 is amended as follows:
    a. By revising the heading.
    b. By revising the introductory text.
    c. By adding paragraphs (d) through (f).

Sec.  600.114-08  Vehicle-specific 5-cycle fuel economy and carbon-
related exhaust emission calculations.

    Paragraphs (a) through (c) of this section apply to data used for
fuel economy labeling under Subpart D of this part. Paragraphs (d)
through (f) of this section are used to calculate 5-cycle carbon-
related exhaust emissions values for the purpose of determining
optional technology-based CO₂ emissions credits under the
provisions of paragraph (d) of Sec.  86.1866-12 of this title.
* * * * *
    (d) City carbon-related exhaust emission value. For each vehicle
tested, determine the 5-cycle city carbon-related exhaust emissions
using the following equation:

(1) CityCREE = 0.905 x (StartCREE + RunningCREE)

Where:

(i) StartCREE =
[GRAPHIC] [TIFF OMITTED] TP28SE09.060

[[Page 49775]]

Where:

StartCREE_x = 3.6 x (Bag1CREE_x -
Bag3CREE_x)

Where:

Bag Y CREE_x = the carbon-related exhaust emissions in
grams per mile during the specified bag of the FTP test conducted at
an ambient temperature of 75 [deg]F or 20 [deg]F.

    (ii) Running CREE=
0.82 x [(0.48 x Bag2₇₅CREE) + (0.41 x
Bag3₇₅CREE) + 0.11 x US06CityCREE)] + 0.18 x [(0.5 x
Bag2₂₀CREE) + (0.5 x Bag3₂₀CREE)] + 0.144 x
[SC03CREE - ((0.61 x Bag3₇₅CREE) + (0.39 x
Bag2₇₅CREE))]

Where:

BagY_XCREE = 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 carbon-related exhaust emissions
using the following equation:

HighwayCREE = 0.905 x (StartCREE + RunningCREE)

Where:

(1) StartCREE =
[GRAPHIC] [TIFF OMITTED] TP28SE09.061

Where:

StartCREE_x = 3.6 x (Bag1CREE_x -
Bag3CREE_x)

    (ii) Running CREE =

1.007 x [(0.79 x US06 Highway CREE) + (0.21 x HFET CREE)] + 0.045 x
[SC03CREE - ((0.61 x Bag3₇₅CREE) + (0.39 x
Bag2₇₅CREE))]

Where:

BagY_XCREE =carbon-related exhaust emissions in grams per
mile over Bag Y at temperature X,
US06 Highway CREE = carbon-related exhaust emissions in grams per
mile over the highway portion of the US06 test,
HFET CREE = carbon-related exhaust emissions in grams per mile over the HFET test,
SC03 CREE = carbon-related exhaust emissions in grams per mile over
the SC03 test.

    (f) Carbon-related exhaust emissions calculations for hybrid
electric vehicles. Hybrid electric vehicles shall be tested according
to California test methods which require FTP emission sampling for the
75 [deg]F FTP test over four phases (bags) of the UDDS (cold-start,
transient, warm-start, transient). Optionally, these four phases may be
combined into two phases (phases 1 + 2 and phases 3 + 4). Calculations
for these sampling methods follow.
    (1) Four-bag FTP equations. If the 4-bag sampling method is used,
manufacturers may use the equations in paragraphs (a) and (b) of this
section to determine city and highway carbon-related 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 x (StartCREE + RunningCREE)

Where:

(A) StartCREE =
[GRAPHIC] [TIFF OMITTED] TP28SE09.062

Where:

(1) StartCREE₇₅ =
3.6 x (Bag1CREE₇₅ - Bag3CREE₇₅) + 3.9 x
(Bag2CREE₇₅ - Bag4CREE₇₅)
and
(2) StartCREE₂₀ =

= 3.6 x (Bag1CREE₂₀ - Bag3CREE₂₀)

(B) RunningCREE =

0.82 x [(0.48 x Bag4₇₅CREE) + (0.41 x Bag3₇₅CREE)
+ (0.11 x US06CityCREE)] + 0.18 x [(0.5 x Bag2₂₀ CREE) +
(0.5 x Bag3₇₅ CREE)] + 0.144 x [(SC03CREE - ((0.61 x
Bag3₇₅ CREE) + (0.39 x 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 x (StartCREE + RunningCREE)

Where:

(A) StartCREE =
[GRAPHIC] [TIFF OMITTED] TP28SE09.063

Where:

StartCREE₇₅ = 3.6 x (Bag1CREE₇₅ -
Bag3CREE₇₅) + 3.9 x (Bag2CREE₇₅ -
Bag4CREE₇₅)
and
StartCREE₂₀ = 3.6 x (Bag1CREE₂₀ -
Bag3CREE₂₀)

(B) RunningCREE =

1.007 x [(0.79 x US06 HighwayCREE) + (0.21 x HFET CREE)] + 0.045 x
[SC03CREE = ((0.61 x Bag3₇₅CREE) + (0.39 x
Bag4₇₅CREE))]

[[Page 49776]]

Where:

US06 Highway CREE = carbon-related exhaust emissions in grams per
mile over the Highway portion of the US06 test,
HFET CREE = carbon-related exhaust emissions in grams per mile over
the HFET test,
SC03 CREE = carbon-related exhaust emissions in grams per mile over the SC03 test.

(2) Two-bag FTP equations. If the 2-bag sampling method is used for the
75 [deg]F FTP test, it must be used to determine both city and highway
carbon-related exhaust emissions. The following calculations must be
used to determine both city and highway carbon-related exhaust
emissions:
(i) City carbon-related exhaust emissions.

CityCREE = 0.905 x (StartCREE + RunningCREE)

Where:

(A) StartCREE =
[GRAPHIC] [TIFF OMITTED] TP28SE09.064

Where:

StartCREE₇₅ = 3.6 x (Bag\1/2\CREE₇₅ - Bag\3/
4\CREE₇₅)
and
StartCREE₂₀ = 3.6 x (Bag1CREE₂₀ -
Bag3CREE₂₀)
Where:

Bag Y FE₂₀= the carbon-related exhaust emissions in grams
per mile of fuel during Bag 1 or Bag 3 of the 20 [deg]F FTP test,
and
Bag X/Y FE₇₅ = carbon-related exhaust emissions in grams
per mile of fuel during combined phases 1 and 2 or phrases 3 and 4
of the FTP test conducted at an ambient temperature of 75 [deg]F.

(B) RunningCREE =

0.82 x [(0.90 x Bag3/4₇₅CREE) + (0.10 x US06CityCREE)] +
(0.18 x [(0.5 x Bag2₂₀ CREE) + (0.5 x Bag3₂₀
CREE)] + 0.144 x [(SC03CREE - ((Bag\3/4\₇₅ CREE)]

Where:

US06 City CREE = carbon-related exhaust emissions in grams per mile
over the city portion of the US06 test, and
SC03 CREE = carbon-related exhaust emissions in grams per mile over
the SC03 test, and
Bag 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 [deg]F.

    (ii) Highway carbon-related exhaust emissions.

HighwayCREE = 0.905 x (StartCREE + RunningCREE)

Where:

(A) StartCREE =
[GRAPHIC] [TIFF OMITTED] TP28SE09.065

Where:

StartCREE₇₅ = 7.5 x (Bag\1/2\CREE₇₅ - Bag\3/
4\CREE₇₅)
and
StartCREE₂₀ = 3.6 x (Bag1CREE₂₀ -
Bag3CREE₂₀)

(B) RunningCREE =
1.007 x [(0.79 x US06 HighwayCREE) + (0.21 x HFET CREE)] + 0.045 x
[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 [deg]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 [deg]F.

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

Sec.  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
Sec.  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 vehicle-specific 5-cycle method specified
in Sec.  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.
* * * * *

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 Sec.  600.201-12 is added to subpart C to read as follows:

Sec.  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 Sec.  600.206-12 is added to subpart C to read as follows:


Sec.  600.206-12  Calculation and use of FTP-based and HFET-based fuel
economy and carbon-related exhaust emission values for vehicle configurations.

    (a) Fuel economy and carbon-related exhaust emissions values
determined for each vehicle under Sec.  600.113(a) and (b) and as
approved in Sec.  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

[[Page 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
carbon-related 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 Sec.  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 carbon-related 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
Sec.  600.510-08, the combined fuel economy value for a vehicle
configuration is calculated by harmonically averaging the FTP-based
city and HFET-based highway fuel economy values, as determined in Sec. 
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 Sec.  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
carbon-related exhaust emission values, as determined in Sec. 
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
carbon-related exhaust emission values from the tests performed using
gasoline or diesel test fuel.
    (ii) Calculate the city, highway, and combined fuel economy and
carbon-related exhaust emission values from the tests performed using
alcohol or natural gas test fuel.
    (b) If only one equivalent petroleum-based 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 Sec.  600.208-12 is added to subpart C to read as follows:

Sec.  600.208-12  Calculation of FTP-based and HFET-based fuel economy
and carbon-related exhaust emission values for a model type.

    (a) Fuel economy and carbon-related exhaust emission values for a
base level are calculated from vehicle configuration fuel economy and
carbon-related exhaust emission values as determined in Sec.  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 Sec.  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.

[[Page 49778]]

    (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 Sec.  86.1844-01.
    (4) Vehicle configuration fuel economy and carbon-related exhaust
emission values, as determined in Sec.  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
carbon-related 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
carbon-related exhaust emission values from the tests performed using
gasoline or diesel test fuel.
    (ii) Calculate the city, highway, and combined fuel economy and
carbon-related 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 Sec.  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
carbon-related exhaust emission values from the tests performed using
gasoline or diesel test fuel.
    (ii) Calculate the city, highway, and combined fuel economy and
carbon-related 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 Sec.  600.301-12 is added to subpart D to read as follows:

Sec.  600.301-12  General applicability.

    (a) Unless otherwise specified, the provisions of this subpart are
applicable to 2012 and later model year automobiles.
    (b) [Reserved]

Subpart F--Fuel Economy Regulations for Model Year 1978 Passenger
Automobiles and for 1979 and Later Model Year Automobiles (Light
Trucks and Passenger Automobiles)--Procedures for Determining
Manufacturer's Average Fuel Economy and Manufacturer's Average
Carbon-related Exhaust Emissions

    46. The heading for subpart F is revised as set forth above.
    47. A new Sec.  600.501-12 is added to subpart F to read as follows:

Sec.  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 Sec.  600.507-12 is added to subpart F to read as follows:

Sec.  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

[[Page 49779]]

paragraph (b) of this section for any running change approved or
implemented under Sec. Sec.  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 Sec.  600.314(b).
    (d) For those model types created under Sec.  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 Sec.  600.509-12 is added to subpart F to read as follows:

Sec.  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 Sec.  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 Sec.  600.507.
    50. A new Sec.  600.510-12 is added to subpart F to read as follows:

Sec.  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 Sec.  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 Sec.  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 Sec.  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 Sec.  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 carbon-related exhaust emissions data
submitted in accordance with Sec.  600.006(e) or Sec.  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 Sec.  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 high-altitude sales categories and low-altitude 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 Sec.  600.208-08(a)(4)(ii).
    (3) The fuel economy and carbon-related exhaust emission values for
each vehicle configuration are the combined fuel economy and carbon-
related exhaust emissions calculated according to Sec.  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

[[Page 49780]]

    (iii) The fuel economy value of diesel-powered 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 diesel-fueled 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 Sec.  600.208(b)(5)(i); and
    (B) The combined model type fuel economy value for operation on
alcohol fuel as determined in Sec.  600.208(b)(5)(ii) divided by 0.15
provided the requirements of Sec.  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 Sec.  600.208(b)(5)(i); and
    (B) The combined model type fuel economy value for operation on
natural gas as determined in Sec.  600.208(b)(5)(ii) divided by 0.15
provided the requirements of paragraph (g) of this section are met.
    (d) The Administrator may approve alternative calculation methods
if they are part of an approved credit plan under the provisions of 15
U.S.C. 2003.
    (e) For passenger categories identified in paragraphs (a)(1) and
(2) of this section, the average fuel economy calculated in accordance
with paragraph (c) of this section shall be adjusted using the
following equation:

AFE_adj = AFE[((0.55 x a x c) + (0.45 x c) + (0.5556 x a) +
0.4487)/((0.55 x a) + 0.45)] + IW

Where:

AFE_adj = Adjusted average combined fuel economy, rounded
to the nearest 0.1 mpg;
AFE = Average combined fuel economy as calculated in paragraph (c)
of this section, rounded to the nearest 0.0001 mpg;
a = Sales-weight average (rounded to the nearest 0.0001 mpg) of all
model type highway fuel economy values (rounded to the nearest 0.1
mpg) divided by the sales-weighted average (rounded to the nearest
0.0001 mpg) of all model type city fuel economy values (rounded to
the nearest 0.1 mpg). The quotient shall be rounded to 4 decimal
places. These average fuel economies shall be determined using the
methodology of paragraph (c) of this section.
c = 0.0014;
IW = (9.2917 x 10 -3 x SF_3IWC x
FE_3IWC) - (3.5123 x 10 -3 x SF_4ETW
x FE_4IWC).
Note: Any calculated value of IW less than zero shall be set equal to zero.
SF_3IWC = The 3000 lb. inertia weight class sales divided
by total sales. The quotient shall be rounded to 4 decimal places.
SF_4ETW = The 4000 lb. equivalent test weight category
sales divided by total sales. The quotient shall be rounded to 4 decimal places.
FE_4IWC = The sales-weighted average combined fuel economy
of all 3000 lb. inertia weight class base levels in the compliance
category. Round the result to the nearest 0.0001 mpg.
FE_4IWC = The sales-weighted average combined fuel economy
of all 4000 lb. inertia weight class base levels in the compliance
category. Round the result to the nearest 0.0001 mpg.

    (f) The Administrator shall calculate and apply additional average
fuel economy adjustments if, after notice and opportunity for comment,
the Administrator determines that, as a result of test procedure
changes not previously considered, such correction is necessary to
yield fuel economy test results that are comparable to those obtained
under the 1975 test procedures. In making such determinations, the
Administrator must find that:
    (1) A directional change in measured fuel economy of an average
vehicle can be predicted from a revision to the test procedures;
    (2) The magnitude of the change in measured fuel economy for any
vehicle or fleet of vehicles caused by a revision to the test
procedures is quantifiable from theoretical calculations or best
available test data;
    (3) The impact of a change on average fuel economy is not due to
eliminating the ability of manufacturers to take advantage of
flexibility within the existing test procedures to gain measured
improvements in fuel economy which are not the result of actual
improvements in the fuel economy of production vehicles;
    (4) The impact of a change on average fuel economy is not solely
due to a greater ability of manufacturers to reflect in average fuel
economy those design changes expected to have comparable effects on in-
use fuel economy;
    (5) The test procedure change is required by EPA or is a change
initiated by EPA in its laboratory and is not a change implemented
solely by a manufacturer in its own laboratory.
    (g)(1) Alcohol dual fuel automobiles and natural gas dual fuel
automobiles must provide equal or greater energy efficiency while
operating on alcohol or natural gas as while operating on gasoline or
diesel fuel to obtain the CAFE credit determined in paragraphs
(c)(2)(iv) and (v) of this section or to obtain the carbon-related
exhaust emissions credit determined in paragraphs (j)(2)(ii) and (iii).
The following equation must hold true:
E_alt/E_pet> or = 1

Where:

E_alt = [FE_alt/(NHV_alt x
D_alt)] x 10\6\ = energy efficiency while operating on
alternative fuel rounded to the nearest 0.01 miles/million BTU.
E_pet = [FE_pet/(NHV_pet x
D_pet)] x 10\6\ = energy efficiency while operating on
gasoline or diesel (petroleum) fuel rounded to the nearest 0.01
miles/million BTU.
FE_alt is the fuel economy [miles/gallon for liquid fuels
or miles/100 standard cubic feet for gaseous fuels] while operated
on the alternative fuel as determined in Sec.  600.113-08(a) and (b);
FE_pet is the fuel economy [miles/gallon] while operated
on petroleum fuel (gasoline or diesel) as determined in Sec.  600.113(a) and (b);
NHV_alt is the net (lower) heating value [BTU/lb] of the alternative fuel;
NHV_pet is the net (lower) heating value [BTU/lb] of the petroleum fuel;
D_alt is the density [lb/gallon for liquid fuels or lb/100
standard cubic feet for gaseous fuels] of the alternative fuel;
D_pet is the density [lb/gallon] of the petroleum fuel.

    (i) The equation must hold true for both the FTP city and HFET
highway fuel economy values for each test of each test vehicle.
    (ii)(A) The net heating value for alcohol fuels shall be determined per

[[Page 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 Sec.  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:

------------------------------------------------------------------------
                                     Maximum decrease--      Maximum
            Model year                   passenger       decrease--light
                                    automobiles  (g/mi)   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 diesel-fueled 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 carbon-related exhaust emissions value
for operation on gasoline or diesel fuel as determined in Sec. 
600.208(b)(5)(i); and
    (B) The combined model type carbon-related exhaust emissions value
for operation on alcohol fuel as determined in Sec.  600.208(b)(5)(ii)
multiplied by 0.15 provided the requirements of Sec.  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 carbon-related exhaust emissions value for

[[Page 49782]]

operation on gasoline or diesel as determined in Sec.  600.208(b)(5)(i); and
    (B) The combined model type carbon-related exhaust emissions value
for operation on natural gas as determined in Sec.  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 x CREE_alt) + ((1-F) x CREE_gas)

Where:

F = 0.00 unless otherwise approved by the Administrator according to
the provisions of paragraph (k) of this section;
CREE_alt = The combined model type carbon-related exhaust
emissions value for operation on alcohol fuel as determined in Sec. 
600.208(b)(5)(ii); and
CREE_gas = The combined model type carbon-related exhaust
emissions value for operation on gasoline or diesel fuel as
determined in Sec.  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 x CREE_alt) + ((1-F) x CREE_gas)

Where:
F = 0.00 unless otherwise approved by the Administrator according to
the provisions of paragraph (k) of this section;
CREE_alt = The combined model type carbon-related exhaust
emissions value for operation on natural gas as determined in Sec. 
600.208(b)(5)(ii); and
CREE_gas = The combined model type carbon-related exhaust
emissions value for operation on gasoline or diesel fuel as
determined in Sec.  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 real-world 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 Sec.  600.512-12 is added to subpart F to read as follows:

Sec.  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 Sec.  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 Sec.  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 Sec.  600.208-12, and subsequently required by the
Administrator in accordance with Sec.  600.507;
    (ii) All carbon-related exhaust emission data used in the FTP/HFET-
based model type calculations under Sec.  600.208-12, and subsequently
required by the Administrator in accordance with Sec.  600.507;
    (2)(i) All fuel economy data for certification vehicles and for
vehicles tested for running changes approved under Sec.  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
Sec.  86.1842-01 of this chapter;
    (3) Any additional fuel economy and carbon-related exhaust emission
data submitted by the manufacturer under Sec.  600.509;
    (4)(i) A fuel economy value for each model type of the
manufacturer's product line calculated according to Sec.  600.510(b)(2);
    (ii) A carbon-related exhaust emission value for each model type of
the manufacturer's product line calculated according to Sec.  600.510(b)(2);
    (5)(i) The manufacturer's average fuel economy value calculated
according to Sec.  600.510(c);
    (ii) The manufacturer's average carbon-related exhaust emission
value calculated according to Sec.  600.510(j);
    (6) A listing of both domestically and nondomestically produced car lines as

[[Page 49783]]

determined in Sec.  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 vice-president)
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 Sec.  600.514-12 is added to subpart F to read as follows:

Sec.  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) Pre-model 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 carbon-related exhaust
emissions for the manufacturer's automobiles determined in accordance
with Sec.  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 carbon-related 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 Sec.  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

[[Page 49784]]

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 carbon-related 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 Sec.  600.002-08,
    (4) Beginning model year 2012, track width as defined in Sec.  600. 002-08,
    (5) Beginning model year 2012, wheelbase as defined in Sec.  600. 002-08, and
    (6) Beginning model year 2012, footprint as defined in Sec.  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 Sec.  600.002-08,
    (4) Beginning model year 2012, track width as defined in Sec.  600.002-08,
    (5) Beginning model year 2012, wheelbase as defined in Sec.  600.002-08, and
    (6) Beginning model year 2012, footprint as defined in Sec.  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 Sec.  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 carbon-related 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 pre-model 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

[[Page 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 carbon-related 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 carbon-related exhaust emission value.
    (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 carbon-related exhaust emission
values. For each base level and model type, the manufacturer shall
submit a carbon-related 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
and for new base levels are required only for those changes made or
base levels added before the average carbon-related 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 Sec.  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:

Sec.  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.
[GRAPHIC] [TIFF OMITTED] TP28SE09.066

Where:

CAFErequired is the required level for a given fleet,
SALESi is the number of units of model i produced for sale in the
United States,
TARGETi is the fuel economy target applicable to model i (according
to the equation shown in 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.
[GRAPHIC] [TIFF OMITTED] TP28SE09.067

Where:

TARGET is the fuel economy target (in mpg) applicable to vehicles of
a given footprint (FOOTPRINT, in square feet),
Parameters a, b, c, and d are defined in Table III, and
The MIN and MAX functions take the minimum and maximum, respectively
of the included values.

[[Page 49786]]



                     Table III--Parameters for the Passenger Automobile Fuel Economy Targets
----------------------------------------------------------------------------------------------------------------
                                                                            Parameters
                   Model year                    ---------------------------------------------------------------
                                                         a               b               c               d
----------------------------------------------------------------------------------------------------------------
2012............................................           36.23           28.12       0.0005308        0.005842
2013............................................           37.15           28.67       0.0005308        0.005153
2014............................................           38.08           29.22       0.0005308        0.004498
2015............................................           39.55           30.08       0.0005308        0.003520
2016............................................           41.38           31.12       0.0005308        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
------------------------------------------------------------------------
                Model year                        Minimum  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 Sec. 
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

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                            Production       Footprint
            Model                   Carline              Desc            Eng/Trans        Drive system     Fuel econ mpg      volume          (ft\2\)
--------------------------------------------------------------------------------------------------------------------------------------------------------
A............................  PC A.............  2DS..............  1.8L, A5.........  FWD.............            32.5           1,500            39.2
B............................  PC B.............  2DS..............  1.8L, M6.........  FWD.............            33.1           2,000            39.2
C............................  PC C.............  2DCv.............  1.8L, A5.........  FWD.............            32.3           2,000            39.1
D............................  PC D.............  2DCv.............  1.8L, M6.........  FWD.............            32.9           1,000            39.1
E1...........................  PC E.............  4DS..............  2.5L, A6.........  FWD.............            31.5           3,000            47.1
E2...........................  .................  SUV..............  .................  ................            30.4           1,000
F............................  PC F.............  4DW..............  2.5L, A6.........  AWD.............            30.2           8,000            47.1
G1...........................  PC G.............  4DS..............  2.5L, A7.........  FWD.............            31.7           2,000            48.4
G2...........................  .................  SUV..............  .................  ................            30.6           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 X's required corporate
average fuel economy level under section 531.5(b) would first be
calculated by determining the fuel economy targets applicable to
each model type (A through H) as illustrated in Appendix A, Table 2.

Appendix A, Table 2

    Manufacturer X calculates target fuel economy values for each model.

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                  Track width
                                                                               Wheel   ---------------------------------    Foot                 Target
              Model                      Carline             Base tire       base (in)    Front                            print     Prod vol  fuel econ
                                                                                           (in)    Rear (in)   Avg (in)   (ft\2\)                (mpg)
--------------------------------------------------------------------------------------------------------------------------------------------------------
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, vehicle models A, B,
C, D, E, F, G and H would be compared to fuel economy values of
31.19, 31.19, 31.19, 31.19, 30.52, 30.52, 29.34 and 29.34 mpg,
respectively. With the appropriate fuel economy targets calculated,
Manufacturer X's required fuel economy would be calculated as
illustrated in ``Appendix A Figure 1.''

Appendix A, Figure 1

    Calculation of Manufacturer X's target fuel economy standard.

[[Page 49787]]
[GRAPHIC] [TIFF OMITTED] TP28SE09.068

    Manufacturer X's passenger car fleet target fuel economy
standard = 30.2 mpg

Appendix A, Figure 2

    Calculation of Manufacturer X's actual fuel economy.
    [GRAPHIC] [TIFF OMITTED] TP28SE09.069
   
    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).

PART 533--LIGHT TRUCK FUEL ECONOMY STANDARDS

    4. The authority citation for part 533 continues to read as follows:

    Authority:  49 U.S.C. 32902; delegation of authority at 49 CFR 1.50.

    5. Amend Sec.  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:

Sec.  533.5  Requirements.

    (a) * * *
* * * * *
[GRAPHIC] [TIFF OMITTED] TP28SE09.070

Where:

CAFErequired is the required level for a given fleet,
SALESi is the number of units of model i produced for sale in the
United States,
TARGETi is the fuel economy target applicable to model i (according
to the equation shown in 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.
[GRAPHIC] [TIFF OMITTED] TP28SE09.071

Where:

TARGET is the fuel economy target (in mpg) applicable to vehicles of
a given footprint (FOOTPRINT, in square feet),
Parameters a, b, c, and d are defined in Table VI, and
The MIN and MAX functions take the minimum and maximum, respectively
of the included values.

                          Table VI--Parameters for the Light Truck Fuel Economy Targets
----------------------------------------------------------------------------------------------------------------
                                                                            Parameters
                   Model year                    ---------------------------------------------------------------
                                                         A               b               c               d
----------------------------------------------------------------------------------------------------------------
2012............................................           29.44           22.06       0.0004546         0.01533

[[Page 49788]]

2013............................................           30.32           22.55       0.0004546         0.01434
2014............................................           31.30           23.09       0.0004546         0.01331
2015............................................           32.70           23.84       0.0004546         0.01194
2016............................................           34.38           24.72       0.0004546         0.01045
----------------------------------------------------------------------------------------------------------------

* * * * *
    (i) For model years 2012-2016, a manufacturer's light truck fleet
shall comply with the fuel economy level calculated for that model year
according to Figures 2 and 3 and the appropriate values in Table VI.
    6. Revise Appendix A to Part 533 to read as follows:

Appendix A to Part 533--Example of Calculating Compliance Under Sec. 
533.5 Paragraph (h)

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

Appendix A, Table 1

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                            Production       Footprint
            Model                   Carline              Desc            Eng/Trans        Drive system     Fuel econ mpg      volume          (ft\2\)
--------------------------------------------------------------------------------------------------------------------------------------------------------
A............................  PU A.............  RC, MB...........  4.0L, A5.........  2WD.............            27.1             800            47.8
B............................  PU B.............  RC, MB...........  4.0L, M5.........  2WD.............            27.6             200            47.8
C1...........................  PU C.............  RC, LB...........  4.5L, A5.........  2WD.............            23.9             300            59.7
C2...........................                     EC,MB............                                                 23.7             400
C3...........................                     CC, SB...........                                                 23.5             400
D............................  PU D.............  CC, SB...........  4.5L, A6.........  2WD.............            23.6             400            59.7
E1...........................  PU E.............  EC, LB...........  5.0L, A6.........  2WD.............            22.7             500            71.8
E2...........................                     CC, MB...........                                                 22.5             500
F1...........................  PU F.............  RC, LB...........  4.5L, A5.........  4WD.............            22.5           1,600            59.8
F2...........................                     EC, MB...........                                                 22.3             800
F3...........................                     CC, SB...........                                                 22.2             800
G............................  PU G.............  CC, SB...........  5.0L, A6.........  4WD.............            22.3             800            59.8
H1...........................  PU H.............  EC, LB...........  5.0L, A6.........  4WD.............            22.2           1,000            71.9
H2...........................                     CC, MB...........                                                 22.1           1,000
                                                                                                          ..............           9,500  ..............
--------------------------------------------------------------------------------------------------------------------------------------------------------
Abbreviations: PU = pickup truck, RC = regular cab, EC = extended cab, CC = crew cab, SB = short cargo bed, MB = medium cargo bed, LB = long cargo bed,
  4.0L = 4.0 liter engine, A5 = five speed automatic transmission, M5 = five speed manual transmission, 2WD = two wheel drive, 4WD = four wheel drive.

Appendix A, Table 2

    Manufacturer X calculates target fuel economy values for each model.

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                  Track width
                                                                               Wheel   ---------------------------------    Foot                 Target
              Model                      Carline             Base tire       base (in)    Front                            print     Prod vol  fuel econ
                                                                                           (in)    Rear (in)   Avg (in)   (ft\2\)                (mpg)
--------------------------------------------------------------------------------------------------------------------------------------------------------
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, vehicle models A, B,
C, D, E, F, G and H would be compared to fuel economy values of
30.26, 30.26, 24.09, 24.09, 24.00, 24.09, 24.09 and 24.00 mpg,
respectively. With the appropriate fuel economy targets calculated,
Manufacturer X's required fuel economy would be calculated as
illustrated in ``Appendix A Figure 1.''

[[Page 49789]]

Appendix A, Figure 1

    Calculation of Manufacturer X's target fuel economy standard.
    [GRAPHIC] [TIFF OMITTED] TP28SE09.072
   
    Manufacturer X's light truck fleet target fuel economy standard = 24.6 mpg

Appendix A, Figure 2

    Calculation of Manufacturer X's actual fuel economy.
    [GRAPHIC] [TIFF OMITTED] TP28SE09.073
   
    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 Sec.  537.5 by revising paragraph (c)(4) to read as follows:

Sec.  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 Sec.  537.7 by revising paragraphs (c)(4)(xvi)(A)(4) and
(c)(4)(xvi)(B)(4) to read as follows:


Sec.  537.7  Pre-model year and mid-model year reports.

* * * * *
    (c) * * *
    (4) * * *
    (xvi)(A) * * *
    (4) Beginning model year 2010, front axle, rear axle and average
track width as defined in 49 CFR 523.2,
* * * * *
    (B) * * *
    (4) Beginning model year 2010, front axle, rear axle and average
track width as defined in 49 CFR 523.2,
* * * * *

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 Sec.  538.1 to read as follows:

Sec.  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 Sec.  538.2 to read as follows:

Sec.  538.2  Purpose.

    The purpose of this part is to specify one of the criteria in 49
U.S.C. chapter 329 ``Automobile Fuel Economy'' for identifying dual-
fueled passenger automobiles that are manufactured in model years 1993
through 2019. The fuel economy of a qualifying vehicle is calculated in
a special manner so as to encourage its production as a way of
facilitating a manufacturer's compliance with the Corporate Average
Fuel Economy standards set forth in part 531 of this chapter. The
purpose is also to establish gallon equivalent measurements for gaseous
fuels other than nautral gas.
    13. Revise Sec.  538.7(b)(1) to read as follows:

Sec.  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
Notices For
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Proposed Rulemaking To Establish Light-Duty Vehicle Greenhouse Gas Emission Standards and Corporate Average Fuel Economy Standards

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