[Federal Register Volume 78, Number 159 (Friday, August 16, 2013)]
[Rules and Regulations]
[Pages 49963-49967]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-19880]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 1037, 1039, 1042, and 1068

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

49 CFR Part 535

[EPA-HQ-OAR-2012-0102; NHTSA-2012-0152; FRL 9900-11-OAR]
RIN 2060-AR48; 2127-AL31


Heavy-Duty Engine and Vehicle and Nonroad Technical Amendments

AGENCIES: Environmental Protection Agency (EPA) and National Highway 
Traffic Safety Administration (NHTSA), Department of Transportation.

ACTION: Partial withdrawal of direct final rule; direct final rule.

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SUMMARY: Because EPA and NHTSA, on behalf of the Department of 
Transportation, received adverse comment on certain elements of the 
Heavy-Duty Engine and Vehicle and Nonroad Technical Amendments direct 
final rule published on June 17, 2013, we are withdrawing those 
elements of the direct final rule and republishing the affected 
sections without those elements.

DATES: Effective August 16, 2013, EPA withdraws the amendments to 40 
CFR 1037.104, 037.150, 1039.104, 1039.625, 1042.615, and 1068.240 
published at 78 FR 36388 on June 17, 2013, and NHTSA withdraws the 
amendment to 49 CFR 535.5 published at 78 FR 36388 on June 17, 2013. 
The direct final rule amendments are effective August 16, 2013.

FOR FURTHER INFORMATION CONTACT: Lily Smith, Office of Chief Counsel, 
National Highway Traffic Safety Administration, 1200 New Jersey Avenue 
SE., Washington, DC 20590; telephone: (202) 366-2992. Angela Cullen, 
Environmental Protection Agency, Office of Transportation and Air 
Quality, Assessment and Standards Division, 2000 Traverwood Drive, Ann 
Arbor, Michigan 48105; telephone number: 734-214-4419; email address: 
cullen.angela@epa.gov.

SUPPLEMENTARY INFORMATION: Because EPA and NHTSA received adverse 
comment on certain elements of the Heavy-Duty Engine and Vehicle and 
Nonroad Technical Amendments direct final rule published on June 17, 
2013, at 78 FR 36370, we are withdrawing those elements of the direct 
final rule and republishing the affected sections without those 
elements. The withdrawal relates to four principal EPA provisions and 
one principal NHTSA provision. The EPA provisions are: (1) Test 
requirements for heavy-duty greenhouse gas emissions in 40 CFR part 
1037, (2) optional chassis certification for heavy-duty greenhouse gas 
emissions in 40 CFR part 1037, (3) expanded technical hardship for 
equipment manufacturers installing nonroad diesel engines, and (4) the 
replacement engine exemption in 40 CFR part 1068, along with the 
corresponding changes to 40 CFR 1042.615. The NHTSA withdrawal relates 
to the provision for optional chassis certification for heavy-duty fuel 
efficiency requirements in 49 CFR 535.5(a)(6).
    We stated in the direct final rule that if we received adverse 
comment by July 17, 2013 as to any part of the direct final rule, those 
parts would be withdrawn by publishing a timely notice in the Federal 
Register. Because EPA and NHTSA received adverse comment related to 
certain provisions, we are withdrawing those amendments and they will 
not take effect. The specific provisions that are being withdrawn are 
identified below. To avoid any confusion with respect to 40 CFR 
1068.240, concerning an exemption for replacement nonroad engines, the 
effect of this withdrawal is that the current provisions of that 
section remain in effect through Sec.  1068.240(d). The direct final 
rule also republished paragraphs (e) and (f) and removed paragraph (g) 
of Sec.  1068.240, and these are not being withdrawn.
    EPA published a parallel proposed rule on the same day as the 
direct final rule. The proposed rule invited comment on the substance 
of the direct final rule with respect to EPA's amendments to 40 CFR 
parts 1037, 1039, 1042, and 1068. EPA intends to consider the comments 
received and proceed with a new final rule, including but not limited 
to addressing the amendments that relate to replacement nonroad engines 
that are withdrawn by this notice. As stated in the parallel proposal, 
EPA will not institute a second comment period for the proposed action 
with respect to the provisions that are withdrawn by this notice. One 
adverse comment relates to EPA's provision in 40 CFR 1037.150(l) and 
NHTSA's provision in 49 CFR 535.5(a) (6). NHTSA may issue a notice of 
proposed rulemaking (NPRM) and provide another opportunity to comment 
for the withdrawn amendment to 49 CFR 535.5(a) (6). Both agencies would 
coordinate any final actions on 40 CFR 1037.150(l) and 49 CFR 535.5(a) 
(6). The amendments for which we did not receive adverse comment are 
not being withdrawn and will become effective on August 16, 2013, as 
provided in the June 17, 2013 direct final rule.
    Accordingly, the amendments to 40 CFR 1037.104(d)(9)(i), 
1037.104(d)(9)(iii), 1037.104(g)(3)(iv), 1037.104(g)(7), 1037.150(l), 
1039.104(g), 1039.625(m), 1042.615, and 1068.240 introductory text and 
paragraphs (a) through (d) published on June 17, 2013 (78 FR 36388), 
are withdrawn by EPA as of August 16, 2013, and the amendment to 49 CFR 
535.5 published on June 17, 2013 (78 FR 36388) is withdrawn by DOT as 
of August 16, 2013.

List of Subjects

40 CFR Part 1037

    Administrative practice and procedure, Air pollution control, 
Confidential business information, Environmental protection, 
Incorporation by reference, Labeling, Motor vehicle pollution, 
Reporting and recordkeeping requirements, Warranties.

[[Page 49964]]

40 CFR Part 1039

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Confidential business information, Imports, 
Labeling, Penalties, Reporting and recordkeeping requirements, 
Warranties.

40 CFR Part 1042

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Confidential business information, Imports, 
Labeling, Penalties, Reporting and recordkeeping requirements, Vessels, 
Warranties.

40 CFR Part 1068

    Environmental protection, Administrative practice and procedure, 
Confidential business information, Imports, Motor vehicle pollution, 
Penalties, Reporting and recordkeeping requirements, Warranties.

49 CFR Part 535

    Fuel economy.

Title 40--Protection of Environment

    For the reasons set forth in the preamble, the Environmental 
Protection Agency is amending title 40, chapter I of the Code of 
Federal Regulations as follows:

PART 1037--CONTROL OF EMISSIONS FROM NEW HEAVY-DUTY MOTOR VEHICLES

0
1. The authority citation for part 1037 continues to read as follows:

    Authority:  42 U.S.C. 7401-7671q.

Subpart B--[Amended]

0
2. Section 1037.104 is amended by:
0
a. Revising paragraphs (a)(2) introductory text, (d)(2), (4), and (6), 
(9), and (d)(12) and (13);
0
b. Adding paragraph (d)(15); and
0
c. Revising paragraph (g).
    The revisions and addition read as follows:


Sec.  1037.104  Exhaust emission standards for CO2, 
CH4, and N2O for heavy-duty vehicles at or below 
14,000 pounds GVWR.

* * * * *
    (a) * * *
    (2) Using the appropriate work factor, calculate a target value for 
each vehicle subconfiguration (or group of subconfigurations allowed 
under paragraph (a)(4) of this section) you produce using one of the 
following equations, or the phase-in provisions in Sec.  1037.150(b), 
rounding to the nearest 0.1 g/mile:
* * * * *
    (d) * * *
    (2) The following general credit provisions apply:
    (i) Credits you generate under this section may be used only to 
offset credit deficits under this section. You may bank credits for use 
in a future model year in which your average CO2 level 
exceeds the standard. You may trade credits to another manufacturer 
according to 40 CFR 86.1865-12(k)(8). Before you bank or trade credits, 
you must apply any available credits to offset a deficit if the 
deadline to offset that credit deficit has not yet passed.
    (ii) Vehicles subject to the standards of this section are included 
in a single greenhouse gas averaging set separate from any averaging 
set otherwise included in 40 CFR part 86.
    (iii) Banked CO2 credits keep their full value for five 
model years after the year in which they were generated. Unused credits 
expire at the end of this fifth model year.
* * * * *
    (4) The CO2, N2O, and CH4 
standards apply for a weighted average of the city (55%) and highway 
(45%) test cycle results. Note that this differs from the way the 
criteria pollutant standards apply for heavy-duty vehicles.
* * * * *
    (6) Credits are calculated using the useful life value (in miles) 
in place of ``vehicle lifetime miles'' specified in 40 CFR part 86, 
subpart S. Calculate a total credit or debit balance in a model year by 
adding credits and debits from 40 CFR 86.1865-12(k)(4), subtracting any 
CO2-equivalent debits for N2O or CH4 
calculated according to Sec.  1037.104(c), and adding any of the 
following credits:
    (i) Advanced technology credits according to paragraph (d)(7) of 
this section and Sec.  1037.150(i).
    (ii) Innovative technology credits according to paragraph (d)(13) 
of this section.
    (iii) Early credits according to Sec.  1037.150(a)(2).
* * * * *
    (9) Calculate your fleet-average emission rate consistent with good 
engineering judgment and the provisions of 40 CFR 86.1865. The 
following additional provisions apply:
    (i) Unless we approve a lower number, you must test at least ten 
subconfigurations. If you produce more than 100 subconfigurations in a 
given model year, you must test at least ten percent of your 
subconfigurations. For purposes of this paragraph (d)(9)(i), count 
carryover tests, but do not include analytically derived CO2 
emission rates, data substitutions, or other untested allowances. We 
may approve a lower number of tests for manufacturers that have limited 
product offerings, or low sales volumes. Note that good engineering 
judgment and other provisions of this part may require you to test more 
subconfigurations than these minimum values.
    (ii) The provisions of paragraph (g) of this section specify how 
you may use analytically derived CO2 emission rates.
    (iii) At least 90 percent of final production volume at the 
configuration level must be represented by test data (real, data 
substituted, or analytical).
    (iv) Perform fleet-average CO2 calculations as described 
in 40 CFR 86.1865 and 40 CFR part 600, with the following exceptions:
    (A) Use CO2 emissions values for all test results, 
intermediate calculations, and fleet average calculations instead of 
the carbon-related exhaust emission (CREE) values specified in 40 CFR 
parts 86 and 600.
    (B) Perform intermediate CO2 calculations for 
subconfigurations within each configuration using the subconfiguration 
and configuration definitions in paragraph (d)(12) of this section.
    (C) Perform intermediate CO2 calculations for 
configurations within each test group and transmission type (instead of 
configurations within each base level and base levels within each model 
type). Use the configuration definition in paragraph (d)(12)(i) of this 
section.
    (D) Do not perform intermediate CO2 calculations for 
each base level or for each model type. Base level and model type 
CO2 calculations are not applicable to heavy-duty vehicles 
subject to standards in this section.
    (E) Determine fleet average CO2 emissions for heavy-duty 
vehicles subject to standards in this section as described in 40 CFR 
600.510-12(j), except that the calculations must be performed on the 
basis of test group and transmission type (instead of the model-type 
basis specified in the light-duty vehicle regulations), and the 
calculations for dual fuel, multi-fuel, and flexible fuel vehicles must 
be consistent with the provisions of paragraph (d)(10)(i) of this 
section.
* * * * *
    (12) The following definitions apply for the purposes of this 
section:
    (i) Configuration means a subclassification within a test group 
based on engine code, transmission type and gear ratios, final drive 
ratio, and other parameters we designate. Transmission type means the 
basic type of the transmission (e.g., automatic, manual, automated 
manual, semi-automatic, or continuously variable) and

[[Page 49965]]

does not include the drive system of the vehicle (e.g., front-wheel 
drive, rear- wheel drive, or four-wheel drive). Engine code means the 
combination of both ``engine code'' and ``basic engine'' as defined in 
40 CFR 600.002. Note that this definition differs from the one in 40 
CFR 86.1803.
    (ii) Subconfiguration means a unique combination within a vehicle 
configuration (as defined in this paragraph (d)(12)) of equivalent test 
weight, road-load horsepower, and any other operational characteristics 
or parameters that we determine may significantly affect CO2 
emissions within a vehicle configuration. Note that for vehicles 
subject to standards of this section, equivalent test weight (ETW) is 
based on the ALVW of the vehicle as outlined in paragraph (d)(11) of 
this section.
    (iii) The terms ``complete vehicle'' and ``incomplete vehicle'' 
have the meanings given for ``complete heavy-duty vehicle'' and 
``incomplete heavy-duty vehicle'', respectively, in 40 CFR 86.1803.
    (13) This paragraph (d)(13) applies for CO2 reductions 
resulting from technologies that were not in common use before 2010 
that are not reflected in the specified test procedures. We may allow 
you to generate emission credits consistent with the provisions of 40 
CFR 86.1869-12(c) and (d). You do not need to provide justification for 
not using the 5-cycle methodology.
* * * * *
    (15) You must submit a final report within 90 days after the end of 
the model year. Unless we specify otherwise, include applicable 
information identified in 40 CFR 86.1865-12(l), 40 CFR 600.512, and 49 
CFR 535.8(e). The final report must include at least the following 
information:
    (i) Model year.
    (ii) Applicable fleet-average CO2 standard.
    (iii) Calculated fleet-average CO2 value and all the 
values required to calculate the CO2 value.
    (iv) Number of credits or debits incurred and all values required 
to calculate those values.
    (v) Resulting balance of credits or debits.
    (vi) N2O emissions.
    (vii) CH4 emissions.
    (viii) HFC leakage score.
* * * * *
    (g) Analytically derived CO2 emission rates (ADCs). This 
paragraph (g) describes an allowance to use estimated (i.e., 
analytically derived) CO2 emission rates based on baseline 
test data instead of measured emission rates for calculating fleet-
average emissions. Note that these ADCs are similar to ADFEs used for 
light-duty vehicles. Note also that F terms used in this paragraph (g) 
represent coefficients from the following road load equation:

Force - (mass x acceleration) = F0 + F1 [middot] (velocity) + F2 
[middot] (velocity) + F2 [middot] (velocity)2

    (1) Except as specified in paragraph (g)(2) of this section, use 
the following equation to calculate the ADC of a new vehicle from road 
load force coefficients (F0, F1, F2), axle ratio, and test weight:

ADC = CO2base + 2.18 [middot] [Delta]F0 + 37.4 [middot] 
[Delta]F1 + 2257 [middot] [Delta]F2 + 189 [middot] [Delta]AR + 0.0222 
[middot] [Delta]ETW

Where:

ADC = Analytically derived combined city/highway CO2 
emission rate (g/mile) for a new vehicle.
CO2base = Combined city/highway CO2 emission 
rate (g/mile) of a baseline vehicle.
[Delta]F0 = F0 of the new vehicle - F0 of the baseline vehicle.
[Delta]F1 = F1 of the new vehicle - F1 of the baseline vehicle.
[Delta]F2 = F2 of the new vehicle - F2 of the baseline vehicle.
[Delta]AR = Axle ratio of the new vehicle - axle ratio of the 
baseline vehicle.
[Delta]ETW = ETW of the new vehicle - ETW of the baseline vehicle.

    (2) The purpose of this section is to accurately estimate 
CO2 emission rates.
    (i) You must apply the provisions of this section consistent with 
good engineering judgment. For example, do not use the equation in 
paragraph (g)(1) of this section where good engineering judgment 
indicates that it will not accurately estimate emissions. You may ask 
us to approve alternate equations that allow you to estimate emissions 
more accurately.
    (ii) The analytically derived CO2 equation in paragraph 
(g)(1) of this section may be periodically updated through publication 
of an EPA guidance document to more accurately characterize 
CO2 emission levels for example, changes may be appropriate 
based on new test data, future technology changes, or to changes in 
future CO2 emission levels. Any EPA guidance document will 
determine the model year that the updated equation takes effect. We 
will issue guidance no later than eight months before the effective 
model year. For example, for 2014 models, the model year may start 
January 2, 2013, so guidance would be issued by May 1, 2012 for model 
year 2014.
    (3) You may select, without our advance approval, baseline test 
data if they meet all the following criteria:
    (i) Vehicles considered for the baseline test must comply with all 
applicable emission standards in the model year associated with the 
ADC.
    (ii) You must include in the pool of tests considered for baseline 
selection all official tests of the same or equivalent basic engine, 
transmission class, engine code, transmission code, engine horsepower, 
dynamometer drive wheels, and compression ratio as the ADC 
subconfiguration. Do not include tests in which emissions exceed any 
applicable standard.
    (iii) Where necessary to minimize the CO2 adjustment, 
you may supplement the pool with tests associated with worst-case 
engine or transmission codes and carryover or carry-across engine 
families. If you do, all the data that qualify for inclusion using the 
elected worst-case substitution (or carryover or carry-across) must be 
included in the pool as supplemental data (i.e., individual test 
vehicles may not be selected for inclusion). You must also include the 
supplemental data in all subsequent pools, where applicable.
    (iv) Tests previously used during the subject model year as 
baseline tests in ten other ADC subconfigurations must be eliminated 
from the pool.
    (v) Select the tested subconfiguration with the smallest absolute 
difference between the ADC and the test CO2 emission rate 
for combined emissions. Use this as the baseline test for the target 
ADC subconfiguration.
    (4) You may ask us to allow you to use baseline test data not fully 
meeting the provisions of paragraph (g)(3) of this section.
    (5) Calculate the ADC rounded to the nearest 0.1 g/mile. Except 
with our advance approval, the downward adjustment of ADC from the 
baseline is limited to ADC values 20 percent below the baseline 
emission rate. The upward adjustment is not limited.
    (6) You may not submit an ADC if an actual test has been run on the 
target subconfiguration during the certification process or on a 
development vehicle that is eligible to be declared as an emission-data 
vehicle.
    (7) No more than 40 percent of the subconfigurations tested in your 
final CO2 submission may be represented by ADCs.
    (8) Keep the following records for at least five years, and show 
them to us if we ask to see them:
    (i) The pool of tests.
    (ii) The vehicle description and tests chosen as the baseline and 
the basis for the selection.
    (iii) The target ADC subconfiguration.
    (iv) The calculated emission rates.

[[Page 49966]]

    (9) We may perform or order a confirmatory test of any 
subconfiguration covered by an ADC.
    (10) Where we determine that you did not fully comply with the 
provisions of this paragraph (g), we may require that you comply based 
on actual test data and that you recalculate your fleet- average 
emission rate.

* * * * *

0
3. Section 1037.150 is amended by revising paragraph (a)(2) to read as 
follows:


Sec.  1037.150  Interim provisions.

* * * * *
    (a) * * *
    (2) This paragraph (a)(2) applies for regulatory sub-categories 
subject to the standards of Sec.  1037.104. To generate early credits 
under this paragraph (a)(2) for any vehicles other than electric 
vehicles, you must certify your entire U.S.-directed fleet to these 
standards. If you calculate a separate fleet average for advanced-
technology vehicles under Sec.  1037.104(c)(7), you must certify your 
entire U.S.-directed production volume of both advanced and 
conventional vehicles within the fleet. Except as specified in 
paragraph (a)(4) of this section, if some test groups are certified 
after the start of the model year, you may generate credits only for 
production that occurs after all test groups are certified. For 
example, if you produce three test groups in an averaging set and you 
receive your certificates for those test groups on January 4, 2013, 
March 15, 2013, and April 24, 2013, you may not generate credits for 
model year 2013 for vehicles from any of the test groups produced 
before April 24, 2013. Calculate credits relative to the standard that 
would apply in model year 2014 using the applicable equations in 40 CFR 
part 86 and your model year 2013 U.S.-directed production volumes. 
These credits may be used to show compliance with the standards of this 
part for 2014 and later model years. We recommend that you notify us of 
your intent to use this provision before submitting your applications.
* * * * *

PART 1039--CONTROL OF EMISSIONS FROM NEW AND IN-USE NONROAD 
COMPRESSION-IGNITION ENGINES

0
4. The authority citation for part 1039 continues to read as follows:

    Authority:  42 U.S.C. 7401-7671q.

Subpart G--[Amended]

0
5. Section 1039.625 is amended by revising paragraphs (e) and (j) 
introductory text to read as follows:


Sec.  1039.625  What requirements apply under the program for 
equipment-manufacturer flexibility?

* * * * *
    (e) Standards. If you produce equipment with exempted engines under 
this section, the engines must meet emission standards specified in 
this paragraph (e), or more stringent standards. Note that we consider 
engines to be meeting emission standards even if they are certified 
with a family emission limit that is higher than the emission standard 
that would otherwise apply.
    (1) If you are using the provisions of paragraph (d)(4) of this 
section, engines must meet the applicable Tier 1 or Tier 2 emission 
standards described in 40 CFR 89.112.
    (2) If you are using the provisions of paragraph (a)(2) of this 
section, engines must be identical in all material respects to engines 
certified under this part 1039 as follows:

------------------------------------------------------------------------
                                             Must meet all standards and
Engines in the following power category. .  requirements that applied in
                     .                       the following model year. .
                                                          .
------------------------------------------------------------------------
(i) 19 <= kW < 56.........................  2008 (Option 1, where
                                             applicable).
(ii) 56 <= kW < 130.......................  2012 (Phase-out).
(iii) 130 <= kW <= 560....................  2011 (Phase-out).
(iv) kW > 560.............................  2011.
------------------------------------------------------------------------

    (3) In all other cases, engines at or above 56 kW and at or below 
560 kW must meet the appropriate Tier 3 standards described in 40 CFR 
89.112.
* * * * *
    (j) Provisions for engine manufacturers. As an engine manufacturer, 
you may produce exempted engines as needed under this section. You do 
not have to request this exemption for your engines, but you must have 
written assurance from equipment manufacturers that they need a certain 
number of exempted engines under this section. Send us an annual report 
of the engines you produce under this section, as described in Sec.  
1039.250(a). Exempt engines must meet the emission standards in 
paragraph (e) of this section and you must meet all the requirements of 
40 CFR 1068.265, except that engines produced under the provisions of 
paragraph (a)(2) of this section must be identical in all material 
respects to engines previously certified under this part 1039. If you 
show under 40 CFR 1068.265(c) that the engines are identical in all 
material respects to engines that you have previously certified to one 
or more FELs above the standards specified in paragraph (e) of this 
section, you must supply sufficient credits for these engines. 
Calculate these credits under subpart H of this part using the 
previously certified FELs and the alternate standards. You must meet 
the labeling requirements in 40 CFR 89.110 or Sec.  1039.135, as 
applicable, with the following exceptions:
* * * * *

PART 1068--GENERAL COMPLIANCE PROVISIONS FOR HIGHWAY, STATIONARY, 
AND NONROAD PROGRAMS

0
6. The authority citation for part 1068 continues to read as follows:

    Authority: 42 U.S.C. 7401-7671q.

Subpart C--Exemptions and Exclusions


Sec.  1068.240  [Amended]

0
7. Section 1068.240 is amended by removing paragraph (g).

Title 49--Transportation

    For the reasons set forth in the preamble, the National Highway 
Traffic Safety Administration is amending title 49, chapter V, of the 
Code of Federal Regulations as follows:

PART 535--MEDIUM- AND HEAVY-DUTY VEHICLE FUEL EFFICIENCY PROGRAM

0
8. The authority citation for part 535 is revised to read as follows:

    Authority:  49 U.S.C 32901, delegation of authority at 49 CFR 
1.95.


0
9. Amend Sec.  535.5 by:
0
a. Revising paragraph (a)(4)(i) and adding paragraphs (a)(4)(v) and 
(vi);
0
b. Revising paragraph (b)(2)(i) and adding paragraphs (b)(2)(iii) and 
(iv); and
0
c. Revising paragraph (c)(2)(i) and adding paragraphs (c)(2)(iii), 
(c)(2)(iv); and
0
d. Revising paragraph (c)(5).
    The revisions and additions read as follows:


Sec.  535.5  Standards.

    (a) * * *
    (4) * * *
    (i) Manufacturers may choose voluntarily to comply early with fuel 
consumption standards for model years 2013 through 2015, as determined 
in paragraphs (a)(4)(iii) and (iv) of this section, for example, in 
order to begin accumulating credits through over-

[[Page 49967]]

compliance with the applicable standard. A manufacturer choosing early 
compliance must comply with all the vehicles and engines it 
manufactures in each regulatory category for a given model year except 
as provided in paragraphs (a)(4)(v) and (vi) of this section.
* * * * *
    (v) For model year 2013, a manufacturer can choose to comply with 
the standards in paragraph (a) of this section and generate early 
credits under Sec.  535.7(b) by using the entire U.S.-directed 
production volume of vehicles other than electric vehicles as specified 
in 40 CFR 1037.150. The model year 2014 standards in paragraph (a) of 
this section apply for vehicles complying in model year 2013. If some 
test groups are certified by EPA after the start of the model year, the 
manufacturer may only generate credits under Sec.  535.7(b) for the 
production that occurs after all test groups are certified in 
accordance with 40 CFR 1037.150 (a)(2).
    (vi) For model year 2014, a manufacturer producing model year 2014 
vehicles before January 1, 2014, may optionally elect to comply with 
these standards for a partial model year that begins on January 1, 
2014, and ends on the day the manufacturer's model year would normally 
end if it meets the provisions in 40 CFR 1037.150(g).
* * * * *
    (b) * * *
    (2) * * *
    (i) For model years 2013 through 2015, a manufacturer may choose 
voluntarily to comply early with the fuel consumption standards 
provided in paragraph (b)(3) of this section. For example, a 
manufacturer may choose to comply early in order to begin accumulating 
credits through over-compliance with the applicable standards. A 
manufacturer choosing early compliance must comply with all the 
vehicles and engines it manufacturers in each regulatory category for a 
given model year except as provided in paragraphs (b)(2)(iii) through 
(iv) of this section.
* * * * *
    (iii) For model year 2013, a manufacturer can choose to comply with 
the standards in this paragraph (b) and generate early credits under 
Sec.  535.7(c) by using the entire U.S.-directed production volume 
within any of its regulatory sub-categories of vehicles other than 
electric vehicles as specified in 40 CFR 1037.150. The model year 2014 
standards in this paragraph (b) apply for vehicles complying in model 
year 2013. If some vehicle families within a regulatory subcategory are 
certified by EPA after the start of the model year, manufacturers may 
generate credits under Sec.  535.7(c) only for production that occurs 
after all families are certified in accordance with 40 CFR 
1037.150(a)(1).
    (iv) For model year 2014, a manufacturer producing model year 2014 
vehicles before January 1, 2014, may optionally elect to comply with 
these standards for a partial model year that begins on January 1, 
2014, and ends on the day the manufacturer's model year would normally 
end if it meets the provisions in 40 CFR 1037.150(g).
* * * * *
    (c) * * *
    (2) * * *
    (i) For model years 2013 through 2015, a manufacturer may choose 
voluntarily to comply early with the fuel consumption standards 
provided in paragraph (c)(3) of this section. For example, a 
manufacturer may choose to comply early in order to begin accumulating 
credits through over-compliance with the applicable standards. A 
manufacturer choosing early compliance must comply with all the 
vehicles and engines it manufacturers in each regulatory category for a 
given model year except as provided in paragraphs (c)(2)(iii) through 
(iv) of this section.
* * * * *
    (iii) For model year 2013, a manufacturer can choose to comply with 
the standards in this paragraph (c) and generate early credits under 
Sec.  535.7(c) by using the entire U.S.-directed production volume 
within any of its regulatory sub-categories of vehicles other than 
electric vehicles as specified in 40 CFR 1037.150. The model year 2014 
standards in this paragraph (c) apply for vehicles complying in model 
year 2013. If some vehicle families within a regulatory subcategory are 
certified by EPA after the start of the model year, manufacturers may 
generate credits under Sec.  535.7(c) only for production that occurs 
after all families are certified in accordance with 40 CFR 
1037.150(a)(1).
    (iv) For model year 2014, a manufacturer producing model year 2014 
vehicles before January 1, 2014, may optionally elect to comply with 
these standards for a partial model year that begins on January 1, 
2014, and ends on the day the manufacturer's model year would normally 
end if it meets the provisions in 40 CFR 1037.150(g).
* * * * *
    (5) Vocational tractors. Tractors meeting the definition of 
vocational tractors in 49 CFR 523.2 for purposes of certifying vehicles 
to fuel consumption standards, are divided into families of vehicles as 
specified in 40 CFR 1037.230(a)(1) and must comply with standards for 
heavy-duty vocational vehicles and engines of the same weight class 
specified in paragraphs (b) and (d) of this section. Class 7 and Class 
8 tractors certified or exempted as vocational tractors are limited in 
production to no more than 21,000 vehicles in any three consecutive 
model years. If a manufacturer is determined as not applying this 
allowance in good faith by the EPA in its applications for 
certification in accordance with 40 CFR 1037.205 and 1037.630, a 
manufacturer must comply with the tractor fuel consumption standards in 
paragraph (c)(3) of this section. Vocational tractors generating 
credits can trade and transfer credits in the same averaging sets as 
tractors and vocational vehicles in the same weight class.
* * * * *

    Dated: August 8, 2013.
David L. Strickland,
Administrator, National Highway Traffic Safety Administration, 
Department of Transportation.
    Dated: August 8, 2013.
Janet G. McCabe,
Acting Assistant Administrator, Office of Air and Radiation, 
Environmental Protection Agency.
[FR Doc. 2013-19880 Filed 8-15-13; 8:45 am]
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