[Federal Register Volume 59, Number 148 (Wednesday, August 3, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-18312]
[[Page Unknown]]
[Federal Register: August 3, 1994]
_______________________________________________________________________
Part II
Environmental Protection Agency
_______________________________________________________________________
40 CFR Parts 86 and 600
Fuel Economy Test Procedures Alternative-Fueled Automobile CAFE
Incentives and Fuel Economy Labeling Requirements; Final Rule
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 86 and 600
[AMS-FRL-4675-2]
RIN 2060-AC78
Fuel Economy Test Procedures Alternative-Fueled Automobile CAFE
Incentives and Fuel Economy Labeling Requirements
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: This final rule amends the fuel economy regulations to include
alternative-fueled automobiles. The Alternative Motor Fuels Act (AMFA)
of 1988 includes 1993 model year and later alternative-fueled
automobiles (passenger automobiles and light trucks) in the Corporate
Average Fuel Economy (CAFE) program on a favorable basis to encourage
the manufacture of these vehicles. The AMFA provides these CAFE
``credits'' for automobiles designed to be fueled with methanol,
ethanol, other alcohols, natural gas, or dual-fueled automobiles
designed to operate on one or more of these alterative fuels and
gasoline or diesel fuel. Under the AMFA, these credits are only
available for automobiles that meet certain requirements regarding:
alternative fuel content (e.g., for alcohol fuels, a minimum of 85
percent by volume alcohol), energy efficiency, and driving range.
Neither the AMFA nor today's final rule will affect automobiles that do
not meet these requirements; such vehicles would not receive the
favorable CAFE treatment. Alternative-fueled automobile labeling
requirements are also specified in the AMFA. This final rule codifies
the requirements of the AMFA in 40 CFR part 600. Recently, AMFA was
amended by the Energy Policy Act of 1992, to extend the CAFE credit to
automobiles designed to operate on additional types of alternative
fuels. However, this final rule does not include these additional
alternative fuel types, as they were not included in the CAFE program
at the time the NPRM was published and the final rule was developed.
DATES: This final rule is effective September 2, 1994, except as
follows: the effective date for the amendments to 40 CFR 600.006-
89(b)(1) (i) and (h) and footnote 4 to the table in 40 CFR 86.129-94(a)
will be October 3, 1994, unless adverse comment is received by
September 2, 1994, upon which the amendments to 40 CFR 600.006-89(b)(1)
(i) and (h) and footnote 4 to the table in 40 CFR 86.129-94(a) will be
withdrawn before the effective date by a document published in the
Federal Register.
The incorporation by reference of certain publications listed in
this final rule is approved by the Director of the Office of the
Federal Register as of September 2, 1994.
40 CFR 600.113-93, 600.206-93, 600.207-93, 600.209-95, 600.307-95,
600.510-93 are not effective until the Office of Management and Budget
(OMB) has approved the Information Collection Requirements contained in
them. EPA will publish a document in the Federal Register following OMB
approval of the information collection requirements.
ADDRESSES: Comments regarding the amendments to 40 CFR 600.006-89(b)(1)
(i) and (h) and footnote 4 to the table in 40 CFR 86.129-94(a) should
be submitted to EPA Air Docket LE-131 (address following). Comments
regarding the information collection requirements should be sent to
Chief, Information Policy Branch (PM-2136); U.S. Environmental
Protection Agency; 401 M Street, SW., Washington, DC 20460; and to the
Office of Information and Regulatory Affairs, Office of Management and
Budget, Washington, DC 20503, marked ``Attention: Desk Officer for
EPA.'' Materials relevant to this final rule are contained in EPA Air
Docket LE-131, Attention: Docket No. A-89-24, located at the Air Docket
Section, U.S. Environmental Protection Agency, Room M-1500, 401 M
Street SW., Washington, DC 20460 telephone (202) 382-7548. The docket
may be inspected between the hours of 8:30 a.m. to 12 noon and from
1:30 to 3:30 p.m. weekdays. A reasonable fee may be charged by EPA for
copying docket materials.
FOR FURTHER INFORMATION CONTACT: Kenneth L. Zerafa, Certification
Division, U.S. Environmental Protection Agency, National Fuel and
Vehicle Emissions Laboratory, 2565 Plymouth Road, Ann Arbor, Michigan
48105. Telephone (313) 668-4331.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Authority
II. Introduction
III. Description of the Action
IV. Public Participation
A. Options to Include Alternative-Fueled Automobiles
B. Fuel Specifications
C. Energy Efficiency of Dual-Fueled Automobiles
D. Fuel Economy Calculations--Fuel Properties
E. Fuel Economy Label Format Requirements
F. Gas Guzzler Tax Applicability
V. Technical Amendments
VI. Administrative Requirements
A. Administrative Designation
B. Reporting & Recordkeeping Requirement
C. Regulatory Flexibility Act
I. Authority
The promulgation of these regulations is authorized by 15 U.S.C.
2001, 2002, 2003, 2005, 2006, 2013; 42 U.S.C. 7521, 7522, 7524, 7525,
7541, 7542, 7549, 7550, 7552, and 7601(a).
II. Introduction
On October 14, 1988, Congress enacted the Alternative Motor Fuels
Act (AMFA), Public Law 100-494, 15 U.S.C. 2001 et seq., to encourage:
(1) The development and widespread use of methanol, ethanol, and
natural gas as transportation fuels by consumers; and (2) the
production of methanol, ethanol, and natural gas-fueled motor vehicles.
(AMFA section 3) The Energy Policy Act of 1992 (Public Law 102-486,
October 4, 1992) amended the AMFA to also include liquefied petroleum
gas; hydrogen; coal derived liquid fuels; fuels derived from biological
materials; electricity; and any other fuel the Secretary of
Transportation determines, by rule, is substantially not petroleum and
would yield substantial energy security benefits and substantial
environmental benefits. The AMFA prescribes explicit requirements in
two areas relating to fuel economy of alternative-fueled vehicles: (1)
CAFE credit qualification and calculation; and (2) fuel economy
labeling.
Regarding the first area, the AMFA section 6, 15 U.S.C. 2013, as
amended, provides for favorable CAFE treatment of certain dedicated
alternative-fueled vehicles, and dual-fueled vehicles that meet
specified requirements. Passenger automobiles and light-duty trucks
that can be eligible for CAFE credit include those designed to: (1)
Operate exclusively on alternative fuels, or (2) operate on either
gasoline or diesel fuel, as well as alternative fuels, or a combination
of gasoline or diesel fuel and alternative fuels (i.e., dual-fueled
automobiles).
The eligibility for favorable CAFE treatment of dual-fueled
vehicles is dependent on their ability to meet certain energy
efficiency requirements. 15 U.S.C. 2013(h)(1). In order to be eligible,
dual-fueled automobiles are to provide equal or superior energy
efficiency when operating on the alternative fuel as when operating
gasoline or diesel fuel. In addition, in order to be eligible,
automobiles capable of operating on a mixture of an alternative fuel
and gasoline or diesel fuel which are manufactured in model years 1993
through 1995 (or for a longer period if extended by the Administrator)
are to achieve energy efficiency when operated on a mixture of 50
percent alternative fuel and 50 percent gasoline or diesel equal to or
superior to that achieved when operated exclusively on gasoline or
diesel fuel.
One further requirement established by the AMFA for dual-fueled
passenger automobiles to be eligible for CAFE credit is that they
comply with minimum driving range requirements established by the
Secretary of Transportation. 15 U.S.C. 2013(h)(2) Ranges were
established by the National Highway Traffic Safety Administration
(NHTSA) for alcohol dual-fueled and natural gas dual-fueled passenger
automobiles in the Federal Register on April 26, 1990 (55 FR 17611).
The minimum driving range established in NHTSA's rule for alcohol dual-
fueled passenger automobiles is 200 miles and the range for natural gas
dual-fueled passenger automobiles is 100 miles when operated on the
alternative fuel. However, section 403 (5)(I) of the Energy Policy Act
of 1992 amends the Motor Vehicle Information and Cost Savings Act
(MVICSA) to require that all dual-fueled passenger automobiles (other
than electric automobiles) meet a minimum driving range of 200 miles
(or a higher value if determined by the Secretary of Transportation)
while operating on the alternative fuel. 15 U.S.C. 2013(h)(2)(C). This
amendment supersedes the requirements of AMFA and the NHTSA rulemaking.
For dedicated automobiles, the fuel economy calculated for CAFE
purposes is based on the gasoline or diesel content of the mixture
which is deemed by AMFA to be 15 percent by volume. 15 U.S.C.
2013(a)(c). Fuel economy for CAFE purposes is then based on the amount
of gasoline or diesel fuel consumed. For example, a dedicated alcohol
automobile which has a measured fuel economy of 18 miles per gallon of
alcohol would receive a rating of 18/0.15 or 120 mpg for CAFE purposes.
Similarly, for dedicated natural gas-fueled automobiles, a gallon
equivalent of natural gas is deemed by AMFA to contain 15 percent
gasoline or diesel fuel for CAFE purposes. The AMFA provides that 100
cubic feet of natural gas shall be considered to contain 0.823 gallon
equivalent of natural gas. 15 U.S.C. 2013(c). The fuel economy for CAFE
purposes is based on the equivalent amount of gasoline or diesel fuel
consumed. For example, a dedicated natural gas-fueled automobile with a
measured fuel economy of 23 miles/100 cubic feet of natural gas at
standard conditions would receive a value for CAFE purposes of 186.3
mpg ((23 miles/100 cubic feet) x (100 cubic feet/0.823 gallons
equivalent natural gas) x (1 gallon equivalent natural gas/0.15 gallon
gasoline)).
For dual-fueled automobiles, the fuel economy for CAFE purposes is
to reflect the assumption that the automobiles are operated half of the
time on gasoline or diesel fuel and half of the time on the alternative
fuel. 15 U.S.C. 2013(b)(d). Therefore, fuel economy is based on the
harmonic average of the fuel economy value when operated on gasoline or
diesel and the credited fuel economy value when operated on the
alternative fuel as described for the dedicated alternative-fueled
vehicles above. The harmonic averaging method required by AMFA is
equivalent to averaging fuel consumption (gallons/mile), which is the
inverse of fuel economy (miles/gallon). For example, assume a model
type achieves a combined city/highway fuel economy of 27 mpg on
gasoline and 18 mpg on alcohol. If the model type were dedicated
alcohol fueled, the rating for CAFE purposes would be 120 mpg as
described previously. The fuel economy value for CAFE purposes of the
dual-fueled model type would be 44.1 mpg (1/(((1/27)+(1/120))/2)).
The AMFA also limits the maximum model year increase in a
manufacturer's CAFE attributable to dual-fueled automobiles to 1.2 mpg
for model years 1993 through 2004 and, if extended by the Secretary of
Transportation, to 0.9 mpg for model years 2005 through 2008 for each
compliance category of automobiles (i.e. domestic passenger, import
passenger, domestic light truck, and import light truck). 15 U.S.C.
2013(g). Furthermore, if the Secretary of Transportation reduces the
average fuel economy standard applicable to passenger automobiles to
less than 27.5 mpg for any model year, increases above 0.7 mpg in the
manufacturer's average fuel economy attributable to dual-fueled
passenger automobiles are to be reduced by the amount the standard was
lowered, but may not be reduced to yield less than 0.7 mpg.
Regarding the second area, fuel economy labeling requirements, the
AMFA section 8, 15 U.S.C. 2006(a), requires that specific fuel economy
information for dedicated alterative- fueled automobiles and dual-
fueled automobiles appear on the fuel economy label and in the Gas
Mileage Guide published by the Department of Energy. For dedicated
automobiles, the AMFA states that the fuel economy for labeling
purposes shall be the fuel economy value calculated for CAFE purposes
multiplied by the value, 0.15. 15 U.S.C. 2006(a)(4)(A). For dual-fueled
automobiles, the AMFA 15 U.S.C. 2006(a)(4)(B) states that each label
must: (i) Indicate the fuel economy of such automobiles when operated
on gasoline or diesel fuel; (ii) clearly identify such automobiles as
dual-fueled automobiles; (iii) clearly identify the fuels on which such
automobiles may be operated; and (iv) contain a statement informing the
consumer that the additional information is contained in the booklet
published and distributed by the Department of Energy.
To administer the provisions of the AMFA described above, the EPA
published a Notice of Proposed Rulemaking (NPRM) in the Federal
Register on March 1, 1991. The purpose of the NPRM was to propose to
integrate the requirements of the AMFA into EPA's existing fuel economy
regulations (40 CFR part 600) and to frame issues of potential interest
to commenters. Again, as stated in the ``Summary'' section, today's
final rule does not affect automobiles that do not meet the eligibility
requirements for favorable CAFE treatment specified in the AMFA. Also,
to avoid significant delays, this final rule only covers those fuels
contained in the AMFA at the time of proposal, namely alcohols and
natural gas, and does not address the other fuels added by the Energy
Policy Act of 1992, since this Act was passed well after publication of
the NPRM and late in the development of this final rule. EPA will
include these other fuels in a future separate rulemaking. The sections
that follow describe the final regulations that have been adopted and
the consideration of public comment that led to decisions regarding the
final regulations.
III. Description of the Action
Today's final rule sets in place the CAFE credit mechanism and the
fuel economy labeling requirements for the 1993 and later model year
alternative-fueled vehicles covered by the AMFA, namely alcohol and
natural gas automobiles. In addition, since emission standards and
emission measurement procedures have already been developed for
methanol-fueled automobiles (54 FR 14426), fuel economy measurement
procedures for methanol-fueled vehicles are also included in today's
rule. The fuel economy calculations for methanol-fueled vehicles are
based on the carbon balance technique which relies on the premise that
the quantity of carbon contained in the exhaust is equal to the
quantity of carbon consumed by the engine as fuel. The proposed
equation was based on fixed fuel properties. However, based on comments
received in response to the NPRM, EPA decided that measured fuel
properties are more appropriate for the calculation of fuel economy
and, therefore, today's final rules are based on measured fuel
properties. This is further discussed in section V. ``Public
Participation''.
EPA is currently developing emission standards, emission test
procedures, and fuel economy calculation procedures for natural gas-
fueled vehicles in a separate rulemaking. The notice of proposed
rulemaking, ``Standards for Emissions From Natural Gas-Fueled, and
Liquified Petroleum Gas-Fueled Motor Vehicles and Motor Vehicle
Engines, and Certification Procedures for Aftermarket Conversion
Hardware'' was published in the Federal Register on November 5, 1992
(57 FR 52912). EPA expects that this rule will be promulgated in
advance of the completion of the 1993 model year annual production
period, after which CAFE for the 1993 model year is calculated, thereby
allowing manufacturers to obtain CAFE credits for 1993 model year and
later natural gas-fueled vehicles. In the event that this rulemaking
cannot be promulgated in time, EPA expects to promulgate those portions
regarding fuel economy test and calculation procedures in order to
ensure fuel economy credits are available for 1993 model year natural
gas-fueled vehicles.
EPA is currently developing a timeline for the development of
emission standards and test procedures for ethanol-fueled vehicles. In
the event that manufacturers introduce ethanol- fueled vehicles into
commerce before federal fuel economy test procedures are established,
EPA will consider proposing California test procedures and a fuel
economy equation to ensure that a mechanism is in place for ethanol-
fueled vehicle CAFE credit as soon as possible.
Today's rule also integrates the energy efficiency requirements of
the AMFA into EPA's existing fuel economy regulations. These
requirements must be met for a dual-fueled vehicle to be eligible for
fuel economy credit. In the NPRM, EPA proposed that the manufacturer
must test each dual-fueled vehicle used for fuel economy purposes on
both the city and highway driving cycles using three fuels: gasoline or
diesel fuel, the alternative fuel, and, in the case of alcohol dual-
fueled automobiles, a 50 percent gasoline/50 percent alcohol mixture to
satisfy the energy efficiency requirements of the AMFA. 15 U.S.C.
2013(h)(1)(C) (ii) and (iii). Although testing on both the alternative
fuel and gasoline fuel is required to determine fuel economy, the 50/50
mixture requirement is only needed to determine energy efficiency.
After considering comments received from manufacturers, the EPA
realizes that the requirement to test every fuel economy vehicle on
three fuels could be excessively burdensome compared to the
requirements for testing gasoline- fueled vehicles, which are tested on
one fuel. Therefore, for dual-fueled vehicles, this final rule requires
manufacturers to: (1) Perform city and highway fuel economy tests on
all vehicles used for fuel economy purposes using both gasoline and the
alcohol fuel and, (2) during initial certification, either perform city
and highway fuel economy tests on one emission data vehicle per engine
family using the 50/50 alcohol/gasoline mixture or provide a statement
attesting that equal or superior energy efficiency is attained while
using a 50/50 mixture compared to using gasoline, where applicable. EPA
retains the right to audit test any vehicle used for fuel economy
purposes to confirm the manufacturer's statement. This will reduce the
test burden on the manufacturer while preserving the intent of the
energy efficiency requirements of the AMFA by ensuring that vehicles
are designed to be equally or more energy efficient while operating on
the alternative fuel and a 50/50 alcohol/gasoline mixture than when
operated on gasoline.
Today's rule also integrates the fuel economy labeling requirements
of the AMFA for alternative-fueled vehicles into the existing fuel
economy regulations. Some minor modifications were made to the proposed
label formats as a result of comments received on the NPRM. These
changes are discussed in detail in the ``Public Participation''
section. In response to manufacturers' comments, the EPA is offering an
optional label format for dual-fueled vehicles that contains fuel
economy values for vehicle operation using the alternative fuel. The
AMFA requires that the fuel economy values while operating on gasoline
or diesel appear on the label with a statement that further information
is contained in the Gas Mileage Guide available at the dealer. This
optional label format contains a limited amount of additional
information pertaining to the fuel economy while operating on the
alternative fuel and should reduce consumer confusion and frustration
in obtaining such fuel economy information. Also, this optional label
will contain a statement that refers to the availability of additional
information in the Gas Mileage Guide. The label formats established
under this rulemaking are found in the revised regulations following
the preamble.
EPA is working with the Department of Energy (DOE), the Department
of Transportation (DOT), and the Federal Trade Commission (FTC) to
revise the Gas Mileage Guide to include information on alternative-
fueled vehicles. These changes will be coordinated with the FTC's
implementation of section 406 of the Energy Policy Act of 1992 (Public
Law 102-486) which mandates that the FTC promulgate rules to establish
uniform labeling requirements for alternative fuels and alternative-
fueled vehicles, including requirements for appropriate information
with respect to costs and benefits so as to reasonably enable the
consumer to make choices and comparisons. The revisions to the Gas
Mileage Guide (including changing the name of the guide to ``Fuel
Economy Guide'') will not be completed in time for inclusion in the
1994 model year guide. Therefore, the fuel economy labeling
requirements for alternative-fueled vehicles, which contain label
statements that refer the consumer to the Gas Mileage Guide for further
information on the fuel economy of alternative-fueled vehicles, are
applicable beginning with the 1995 model year. However, those
manufacturers who produce 1993 or 1994 model year alternative-fueled
automobiles may optionally comply with the labeling regulations in
today's rule using the appropriate label wording modifications,
approved by the Administrator, regarding availability of additional
information in the Gas Mileage Guide.
The AMFA does not address the applicability of the gas guzzler tax
to dedicated alternative-fueled vehicles or dual-fueled vehicles. The
Secretary of the Treasury (after consultation with the Secretary of
Transportation) is authorized by Section 201 of the Energy Tax Act of
1978, 26, U.S.C. 4064 et seq., to include in the gas guzzler tax
program automobiles fueled with any product of petroleum or natural
gas, if such inclusion is consistent with the need of the nation to
conserve energy. Consequently, the alternative fuels covered by the
AMFA could conceivably be included in the gas guzzler tax program.
Currently the program is limited to passenger automobiles powered by
gasoline or diesel fuel. The Secretary of Treasury has not made a
determination to include alcohols or natural gas in the gas guzzler
program; therefore, dedicated alternative-fueled vehicles are currently
not included in the guzzler program. In the NPRM, the EPA solicited
comments regarding whether alternative fueled automobiles or dual-
fueled automobiles should be included in the gas guzzler tax program.
The comments were forwarded to the Treasury Department for
consideration in the determination of applicability of gas guzzler tax
to dual-fueled vehicles. The IRS agreed that EPA's decision to label
dual- fueled automobiles for gas guzzler tax purposes based on the fuel
economy while operating on gasoline is in accordance with the law.
To save time and printing costs, some technical amendments of 40
CFR parts 86 and 600 have also been included in this final rule.
IV. Public Participation
A number of interested parties provided comments on EPA's March 1,
1991 NPRM. These comments and other documents relevant to the
development of this final rule are contained in the public docket. The
Agency has fully considered these comments in developing today's final
rule.
The following section presents a brief summary of the major
comments received on the NPRM and EPA's responses to those comments. A
separate and more detailed Summary and Analysis of Comments on the NPRM
has been prepared and is contained in the public docket. The interested
reader is referred to that document for a more complete discussion of
the comments, including some of the more minor concerns that have been
evaluated, but are not presented here.
A. Options To Include Alternative-Fueled Automobiles in the Fuel
Economy Regulations
Summary of the Proposal
EPA proposed to establish the CAFE incentive mechanism (credit
calculation procedures) provided by the AMFA for methanol, ethanol, and
natural gas-fueled automobiles in the regulations. EPA also proposed
fuel economy measurement procedures for methanol-fueled automobiles.
The current requirement that fuel economy data vehicles be covered by a
certificate demonstrating compliance with emission standards was
proposed to be revised so that it applies only when the vehicles are
subject to emission standards. The Agency requested comments on how
test procedures for alternative-fueled vehicles other than methanol
could be promulgated on a timely basis, and whether there are any
alternative fuels other than those addressed in the Alternative Motor
Fuels Act, that could be included in the CAFE program in a manner
consistent with the need of the nation to conserve energy. More
specifically, EPA requested comments on whether the Agency would have
good cause to dispense with prior notice and comment (i.e., direct
final rule), if necessary to promulgate test procedures in time for
manufacturers to obtain credits for vehicles designed to run on
alternative fuels not already covered by established test procedures.
Summary of Comments
The Motor Vehicle Manufacturers' Association (MVMA) agreed with the
proposal to revise the current requirements so that fuel economy data
vehicles be covered by a certificate of conformity only when such
vehicles are subject to emission standards. Atlantic Richfield Co.
(ARCO) took issue with this proposal, stating that equal treatment is
preferred for all the fuels, and that fuel economy determinations
should be made on vehicles meeting emission standards both for gasoline
and any alternative fuels considered.
A number of comments were received regarding the importance of a
level playing field for alternative fuels and that a lack of federal
regulations may impede the development of alternative-fueled vehicles.
Particularly, a number of commenters urged that the establishment of
emission standards and fuel economy test procedures for natural gas
vehicles not be delayed. Comments were also received recommending that
a timetable for implementation of ethanol-fueled automobile standards
and test procedures be established as this technology develops. One
manufacturer further commented that it is working on electric vehicles
and urged the EPA to work with the Department of Energy to establish a
CAFE credit mechanism for electric vehicles. The Northeast Sustainable
Energy Association (NESEA) expressed that they were very concerned that
the proposed amendments did not address electric vehicles and that
electric-powered vehicles and electric dual-fueled vehicles should be
included in fuel economy regulations. The NESEA also encouraged EPA to
pursue emission standards for solar, hydrogen, and electric powered
automobiles. ARCO stressed that gasoline reformulations should be
included when working toward a level playing field for alternative
fuels.
A number of commenters recommended that California's existing
alternative-fueled vehicle test procedures could be used to generate
fuel economy data until federal regulations are promulgated.
Comments were received in response to EPA's request for comments on
a direct final rule type approach. Ford stated that manufacturers
should be allowed to comment on both test procedures and standards
before they are finalized. Ford recommended that EPA schedule workshops
to discuss proposed rulemaking, which would be advantageous in allowing
manufacturers and EPA to raise questions and concerns before test
procedures are published. The Natural Gas Vehicle Coalition (NGVC)
believes that sufficient ``good cause'' exists for EPA to take
immediate action to establish emission standards and procedures for
natural gas vehicles based on California's standards and procedures.
EPA Response to Comments
The EPA recognizes ARCO's concern that fuel economy determinations
be made on vehicles meeting emission standards both for gasoline and
alternative fuels. EPA has promulgated emission standards and test
procedures for methanol-fueled vehicles and is currently developing
standards for gaseous-fueled (CNG and LPG) vehicles. In addition, EPA
will continue to assess the need to develop emission standards for
other alternative-fueled vehicles. However, in the event that emission
standards are not developed and promulgated for alternative-fueled
vehicles covered by the AMFA before a manufacturer produces and enters
such vehicles into commerce, the current regulations that require that
fuel economy data vehicles be covered by a certificate demonstrating
compliance with emission standards would not provide a mechanism for
obtaining CAFE credit. Therefore, EPA is revising the current
regulation so that it applies only where the vehicles are subject to
emission standards. This will serve as an interim policy to ensure that
manufacturers receive the CAFE credit provided by the AMFA for natural
gas-fueled vehicles, ethanol-fueled vehicles and other alternative-
fueled vehicles in the event that such vehicles are entered into
commerce before emission standards are promulgated.
The EPA agrees with the comments received regarding the importance
of a level playing field for the alternative fuels covered by the AMFA
as well as other promising alternative fuels. The intent of EPA is to
establish emission standards for any alternative-fueled vehicle design
before such vehicles are commercially produced or, at the latest,
before their sales volume could significantly impact a manufacturer's
CAFE. As discussed previously, the EPA has promulgated emission
standards and test procedures for methanol-fueled vehicles and is
currently developing emission standards and test procedures for natural
gas-fueled vehicles. The notice of proposed rulemaking for emission
standards and emission test procedures as well as fuel economy
calculation procedures for natural gas-fueled vehicles was published on
November 5, 1992 (57 FR 52912). EPA expects that this rule will be
finalized in advance of the completion of the 1993 model year annual
production period after which CAFE for the 1993 model year is
calculated, thereby allowing manufacturers to obtain CAFE credits for
1993 model year and later natural gas-fueled vehicles. In the event
that this rulemaking cannot be promulgated in time, EPA will expect to
finalize those portions regarding fuel economy test and calculation
procedures in order to ensure fuel economy credits are available for
1993 model year natural gas-fueled vehicles.
EPA is currently developing a timeline for the development of
emission standards and test procedures for ethanol-fueled vehicles. In
the event that manufacturers introduce ethanol-fueled vehicles into
commerce before federal fuel economy test procedures are established,
EPA will consider proposing California test procedures or procedures
similar thereto and a fuel economy equation to ensure that a mechanism
is in place for ethanol-fueled vehicle CAFE credit as soon as possible.
EPA has not established a timeline for the development of emission
standards or test procedures for hydrogen, electric, and solar powered
vehicles. EPA will continue to assess the need for establishing
emission standards and test procedures for these vehicles.
The Department of Energy, under the Chrysler Corporation Loan
Guarantee Act of 1979, is responsible for developing petroleum
equivalency factors for electric vehicles for the purpose of including
such vehicles in the CAFE program. The CAFE calculation and test
procedures for electric vehicles are contained in 10 CFR 474.4. The
petroleum equivalency factors for electric vehicles were not extended
past 1987. However, due to continued technology development and a
strong industry interest in the CAFE treatment of electric vehicles,
DOE is currently developing a notice of proposed rule to establish new
petroleum equivalency factors.
EPA is currently developing a reformulated gasoline program.
Reformulated gasoline will be used in current gasoline-fueled vehicles.
The AMFA does not provide CAFE credits for reformulated gasoline-fueled
vehicles.
B. Fuel Specifications
Summary of the Proposal
The Agency proposed that alcohol fuel and natural gas fuel used for
fuel economy testing and service accumulation shall be representative
of commercially available fuel for motor vehicles.
Summary of Comments
Several automobile manufacturers recommended that definite fuel
specifications for methanol and natural gas fuels used for emissions
and fuel economy testing be adopted. The commenters stated that the
proposed procedure allows for too much potential inconsistency between
the manufacturers and EPA in fuels used for testing. Without fuel
specifications, fuel economy and emission results could vary in
response to differences in fuel properties. The manufacturers suggested
that specifications for methanol blends be based on chemical grade
methanol (ASTM D 1152) and certification grade gasoline (40 CFR 86.113-
82a).
EPA Response to Comments
The Agency agrees that setting fuel specifications for alternative
fuels for emission and fuel economy testing would reduce the
uncertainty associated with certification using unspecified
commercially representative fuels. However, EPA believes that, to the
extent variability in fuel specifications can affect emissions, fuel
specifications for methanol, natural gas, and other alternative fuels
used for emissions testing (and, therefore, fuel economy testing since
they are calculated from the same test) should be representative of
fuels encountered in-use. Certified automobiles are expected to comply
with emission standards under normal in-use conditions, which includes
the use of fuels that are representative of those commercially
available. The Administrator reserves the right to test vehicles using
fuels representative of those that in-use vehicles will encounter.
Ideally, fuel specifications should be developed that are
representative of in-use fuels. However, since the markets for these
fuels for use in motor vehicles are not yet established, and the fuels
that become commercially available could vary significantly in
composition, a single set of specifications may not be representative
of the fuels that could be used. Also, it is difficult to identify
which compositions are representative in the absence of established
markets.
On April 11, 1989, EPA published a final rulemaking in the Federal
Register (54 FR 14426) which established emission standards and test
procedures for methanol-fueled automobiles. In that rulemaking,
methanol test fuels were required to be representative of in-use fuels.
However, the methanol fuel market is not yet at a level of development
to allow for the determination of a representative fuel. EPA has
developed a package of proposed technical amendments (58 FR 11816,
March 1, 1993) to the above-mentioned final rule to improve the quality
of emissions data and increase the flexibility for manufacturers to
meet the requirements. One of the proposals in this package is to allow
a combination of chemical grade methanol and certification gasoline for
test fuels in proportions that reflect the composition of the intended
in-use fuel (currently this would be 85% methanol and 15% gasoline)
until specifications for a fuel representative of in-use fuel can be
determined. EPA plans to apply these provisions for both emissions and
fuel economy testing purposes.
For natural gas, the issue of setting fuel specifications is being
addressed in a separate rulemaking (``Standards for Emissions From
Natural Gas-Fueled, and Liquified Petroleum Gas-Fueled Motor Vehicles
and Motor Vehicle Engines * * *'' NPRM published on November 5, 1992,
57 FR 52912). In the interim, EPA will allow a manufacturer to petition
the Administrator to use a specific composition of natural gas,
provided that the manufacturer can demonstrate that this fuel is
similar in composition to currently available in-use fuel. If standard
grade fuels emerge when methanol, natural gas, ethanol, and other
alternative fuels become commercially available, EPA will consider such
fuels for setting test fuel specifications.
C. Energy Efficiency of Dual-Fueled Automobiles
Summary of the Proposal
EPA proposed a method for determining whether a vehicle meets the
AMFA energy efficiency requirements to be eligible for CAFE credit. The
method proposed by EPA required each fuel economy data vehicle to be
tested under both the city and highway test cycles using the
alternative fuel, the petroleum fuel, and, for alcohol dual-fueled
vehicles, a 50 percent by volume alcohol and 50 percent petroleum
(gasoline or diesel) fuel mixture. The calculation of energy efficiency
that was proposed would require manufacturers to determine, and the
Administrator to approve, the net heating values and densities of the
alternative fuel, petroleum fuel, and 50/50 mixture.
Summary of the Comments
Many manufacturers expressed concern that the proposed testing to
determine energy efficiency of dual-fueled automobiles is excessive and
may be a deterrent to alternative-fueled vehicle development and
production. The manufacturers recommended that the equal or superior
energy efficiency determination could be adequately demonstrated when
the vehicle is first certified. The comparison of the three fuels could
be made one time, for each engine family and could be based on the
highway test only. The regulations should allow EPA to waive the 50/50
mixture testing requirement if demonstrated M85 (or M100) tests
indicate a significant increase in fuel efficiency when compared to
gasoline tests in the same vehicle.
EPA Response to Comments
The AMFA does not specify how the energy efficiency is to be
calculated. However, the intent of the Act is to encourage the use of
alternative fuels and the energy efficiency requirement is a means of
ensuring that dual-fueled automobiles are designed to be equally or
more energy efficient while operating on the alternative fuel. Based on
comments submitted by manufacturers, EPA realizes that the proposal to
require the manufacturer to test each vehicle used for fuel economy
purposes using the three fuels could be unnecessarily burdensome and
costly for the manufacturer as compared to the test requirements for
gasoline-fueled vehicles, which require tests using one test fuel. For
example, if a vehicle, when fueled with an M85 blend, demonstrated
significantly superior energy efficiency performance compared to when
fueled with gasoline, it is likely to have superior energy efficiency
performance when operating on the 50/50 blend as when operating on
gasoline. EPA expects that in the vast majority of vehicles
demonstrating a superior M85 energy efficiency performance, testing
with a 50/50 blend would only serve to confirm expected performance.
The energy efficiency requirements could still be equally served by
lessening the testing requirements on the manufacturer in conjunction
with provisions for EPA to reserve the right to audit test any vehicle
used for fuel economy purposes.
Therefore, this final rule requires that to satisfy the equal or
superior energy efficiency requirements of AMFA for favorable CAFE
treatment eligibility for dual-fueled vehicles, manufacturers must: (1)
Perform city and highway fuel economy tests on all vehicles used for
fuel economy purposes using both gasoline and the alternative fuel,
and, additionally for alcohol dual-fueled vehicles, (2) during initial
certification, either perform city and highway fuel economy tests on
one emission data vehicle (EDV) per engine family using the 50/50
alcohol/gasoline mixture, or provide a statement attesting that equal
or superior energy efficiency is attained while using a 50/50 mixture
compared to using gasoline. The EPA retains the right to audit test any
vehicle used for fuel economy purposes to confirm the manufacturer's
statement. This approach will reduce the test burden on the
manufacturer while preserving the intent of the AMFA to ensure that
vehicles are designed to be equally or more energy efficient while
operating on both the alternative fuel and 50/50 alcohol/gasoline
mixture than when operating on gasoline.
The recommendations regarding the sole use of the highway test
cycle for determining energy efficiency may not ensure that the equal
or superior energy efficiency requirements of the AMFA are met. City
and highway energy efficiencies could differ due to engine calibration
differences and other design differences. This may not assure that the
city energy efficiency requirements for CAFE credit are met as a result
of testing using the highway cycle. To better represent in-use driving
conditions, the energy efficiency determination should be based on both
the city and highway cycles. After experience is gained with the
relationship between highway and city energy efficiency for
alternative-fueled vehicles, this issue can be revisited.
D. Fuel Economy Calculations--Fuel Properties
Summary of the Proposal
The proposed fuel economy equation was based on fixed values for
the fuel properties of carbon weight fraction and density. For
determining energy efficiency, EPA proposed that the manufacturers
would be required to determine the net heating values and densities of
the alternative fuel, petroleum fuel, and a 50 percent alcohol, 50
percent gasoline mixture where appropriate. EPA proposed that upon
reviewing the net heating values and densities submitted by the
manufacturer, the Administrator would determine the net heating values
and densities to be used in the energy efficiency determination.
Summary of the Comments
The MVMA and Ford recommend that actual methanol fuel properties be
used in both the fuel economy calculation and energy efficiency
equations with the option of using standard or ``fixed'' values if the
methanol fuel property data are unavailable. The use of actual fuel
properties for the gasoline calculations and standard fuel properties
for the methanol calculations creates an inconsistency in the energy
efficiency calculations since the proposed energy efficiency comparison
equation is a ratio of these two values.
MVMA suggested two alternative methods to be used for determining
the heating value for methanol fuel blends. The first is to measure the
heating value using ASTM D 240, which uses a bomb calorimeter. The
second method is to calculate the heating value using:
LHV(BTU/lb)=(mass fraction methanol x 8560)+(mass fraction
gasoline x LHV gasoline),
where the LHV gasoline is the heating value of the gasoline portion of
the M85 fuel and is measured using ASTM D 3338.
Ford recommended the following equation to calculate fuel economy
for methanol vehicles using measured values for the carbon weight
fraction and density of the methanol blend:
(CWF x SG x 3777.623)/[(CWFexHC x HC)+(0.429 x CO)+(0.273
x CO2)+(0.375 x CH3OH)+(0.400 x HCHO)]
Ford recommended that the carbon weight fraction (CWF) of the methanol
blend should be determined using ASTM D 3343 and the specific gravity
of the methanol blend should be determined using ASTM D 1298. The
equation proposed in the NPRM should be contained in the regulation
only as an option; with the density of gasoline in the equation revised
from 2796 to 2830.
Regarding the determination of the carbon weight fraction of
exhaust hydrocarbons (CWFexHC) in the denominator of the methanol
fuel economy equation, manufacturers agreed that the effect of this
term on fuel economy is very small and measurement of this value is
difficult to obtain. They agreed that a standard value should be
determined. However, some of the commenters stated that the standard
value of 0.866 is not appropriate and the carbon weight fraction of the
exhaust hydrocarbons of each blend should be specified and based on
test data. One manufacturer agreed that the hydrogen to carbon ratio of
1.85:1 (i.e., CWFexHC=0.866) is adequate for calculating fuel
economy.
EPA Response to Comments
Although fixed fuel properties were proposed for the determination
of fuel economy for methanol-fueled vehicles in the NPRM, EPA requested
comments on the appropriateness of using fixed fuel properties in place
of measured fuel properties. The comments reflect a common desire among
manufacturers to use measured fuel properties for the determination of
fuel economy of methanol-fueled vehicles. Although the use of measured
fuel properties is more burdensome, it is consistent with current
gasoline fuel economy regulations and eliminates problems associated
with energy efficiency comparisons between gasoline operation and
alternative fuel operation. With minor revision, the fuel economy
equation for methanol-fueled vehicles recommended by Ford is an
appropriate equation if measured fuel properties are used. However, the
use of ASTM D 3343 for the measurement of the carbon weight fraction of
the methanol blend is not appropriate. This procedure applies to
hydrocarbon fuels and is not appropriate for oxygenated fuels. Rather,
the carbon weight fraction of the blend can be calculated by the
following:
CWF = (CWFg x mass fraction gasoline)+(CWFm x mass fraction
methanol)
where:
CWFg=carbon weight fraction of gasoline as measured by ASTM D
3343.
CWFm=carbon weight fraction of methanol=0.375
mass fraction gasoline=(G x SGg)/(G x SGg+M x SGm)
mass fraction methanol = (M x SGm)/(G x SGg+M x SGm)
where:
G=volume fraction of gasoline
M=volume fraction of methanol
SGg=specific gravity of gasoline as measured by ASTM D 1298
SGm=specific gravity of methanol fuel as measured by ASTM D
1298
This method requires measurement of the fuel properties of the
individual fuels prior to blending. EPA is currently investigating
acceptable methods for measuring the carbon weight fraction of the
fuels after blending. As these methods are developed and proven
satisfactory, EPA plans to revise the regulations to include such
methods. EPA will allow the use of other procedures for measuring the
carbon weight fraction of the fuel blend if the manufacturer can show
that the procedures are superior to or equally as accurate as those
specified in the final rule. To provide flexibility and reduce the
burden on manufacturers who may blend the fuels at the pump, the
specific gravity of the blend can be optionally determined by measuring
the specific gravity of the individual fuels before blending and
combining those values as follows:
SG=SGg x volume fraction gasoline+SGm x volume fraction
methanol
The correct value of the term in the numerator of the fuel economy
equation which converts the specific gravity from dimensionless units
to grams/gallon should be 3781.8 grams/gallon. This is the product of
multiplying the density of pure water at 60 deg.F of 0.99904 grams/
cubic centimeter (reference ASTM D 4052) by the volume conversion of
3785.412 cubic centimeters/gallon. Therefore, the value suggested by
Ford of 3777.623 is replaced by 3781.8 for the final rule.
The NPRM is unclear as to how the net heating value and the density
of methanol/gasoline mixtures are to be determined. EPA agrees that
test procedures should be specified in the regulations to eliminate
this ambiguity. Therefore, for the final rule, ASTM D 240 is to be used
for the determination of net heating value and ASTM D 1298 for the
determination of density. However, the use of other procedures will be
allowed if the manufacturer can show these procedures to be equal or
superior to the specified procedures.
Regarding the determination of the carbon weight fraction of
exhaust hydrocarbons (CWFexHC), again the effect of this value on
the determination of fuel economy is expected to be negligible. While
the use of different values for different fuel blends would be
technically more accurate than using the value of 0.866 for all blends,
insufficient data is available to determine appropriate values at this
time. In addition, the use of different values would add additional
complexity to fuel economy calculations while having a negligible
effect on fuel economy values. Therefore, the EPA does not believe that
it is appropriate to assign different carbon weight fractions for
exhaust hydrocarbons from various methanol/gasoline blends at this
time. Until the carbon/hydrogen ratios of the exhaust hydrocarbon
constituents can be better assessed, the carbon weight fraction of the
exhaust hydrocarbons will be equal to the carbon weight fraction
measured for the gasoline portion of the blend or, for neat methanol,
equal to 0.866. As experience is gained with measuring the carbon/
hydrogen ratios of exhaust hydrocarbons from vehicles fueled with
methanol/gasoline blends, this issue can be revisited.
E. Fuel Economy Label Format Requirements
Statement of Proposal
The proposed fuel economy labeling requirements for alternative-
fueled automobiles are those currently specified for gasoline-fueled
and diesel-fueled automobiles with modification to satisfy AMFA
requirements. For dedicated alternative-fueled automobiles, the EPA
proposed that the fuel title (e.g. Methanol, Natural Gas) be located
above the fuel pump logo and for dual-fueled automobiles, that the
title ``Dual Fuel'' be positioned above the logo. For dedicated
alternative-fueled automobiles the EPA proposed that the bottom border
of the label contain the statement: ``This vehicle operates on [insert
appropriate fuel(s)] only''. For dual-fueled automobiles, the
statement: ``This dual fuel vehicle operates on ([gasoline or diesel]
or [list alcohols or natural gas])'' was proposed to be located on the
bottom border of the label. EPA proposed that fuel economy labels for
natural gas-fueled automobiles include the statement: ``All fuel
economy values on this label pertain to gasoline equivalent fuel
economy. To convert these values into units of miles per 100 cubic feet
of natural gas, multiply by 0.823.'' For dual-fueled automobiles, EPA
proposed that the statement: ``All fuel economy values on this label
pertain to [gasoline or diesel] fuel usage. [List alcohols or natural
gas] fuel usage will yield different values. See the Gas Mileage Guide
for information on [list alcohols or natural gas] fuel usage.'' The 0.9
and 0.78 multiplicative factors currently used for adjusting the
petroleum-fueled vehicle city and highway measured fuel economy values
to better represent in-use fuel economy were proposed to be applied to
alcohol-fueled, natural gas-fueled, and dual-fueled automobiles.
Summary of Comments
A number of manufacturers expressed concerns regarding the proposed
fuel economy labeling requirements for alternative-fueled vehicles. One
concern common to many manufacturers related to the requirement to have
statements appear on the bottom border of the label. Since
manufacturers use printed forms to generate fuel economy labels, the
number of preprinted types of forms that manufacturers would have to
purchase would increase because of the differences in border wording
for different vehicles. Instead, manufacturers recommended that these
statements be written just above the bottom border, leaving the
preprinted portion of the label unchanged. Manufacturers also
recommended that the size of the fuel pump logo be reduced to
accommodate fuel titles above the pump logo and that ``Gas Mileage
Information'' be replaced by a more generic and appropriate title such
as ``Fuel Mileage Information''.
Manufacturers recommended that EPA establish an optional label
format to include the fuel economy values for dual-fueled vehicles
while operated on the alternative fuel in addition to the fuel economy
values while operated on gasoline as required by the AMFA. They
recommended that these optional fuel economy values could take the
place of the reference to having the customer obtain the information
from the gas mileage guide.
One manufacturer recommended that the proposed label for natural
gas vehicles, which includes a conversion factor of 0.823 to be used by
the consumer to convert mpg to miles per 100 cubic feet of natural gas,
should be changed so that the manufacturer would perform the
calculation for the consumer. The manufacturer would then report the
natural gas fuel economy on the lower right hand side of the label in
units that are used at retail.
Several manufacturers commented that the multiplicative factors for
label values for gasoline vehicles developed by EPA of 0.90 and 0.78
should also be applied to alcohol and natural gas fuel economy label
values. However, these factors may have to be revised as more
experience is gained with the use of alternative-fueled vehicles.
EPA Response to Comments
The EPA believes that the concerns of manufacturers regarding
printing statements on the bottom border of the fuel economy label are
valid. The purpose of the proposed location of the statement on the
bottom border was to ensure that the statement was clearly visible and
caught the eye of the consumer. However, this objective can still be
reached if large print is used and the statement is printed just above
the bottom border of the label. Therefore, for the final rule, EPA is
requiring that this statement be located just above the bottom border
of the label.
EPA agrees with the comments received in regard to the size of the
fuel pump logo be slightly reduced to provide adequate space for the
fuel title to be positioned above the logo. The slight reduction in
logo size will not have any adverse impact on the effectiveness of the
label in informing the consumer of the vehicle's fuel economy. In
addition, the fuel pump logo statement ``Gas Mileage Information'' is
not appropriate for vehicles powered by alternative fuels. However, in
clarifying the comments received on this issue, the commenters who
recommended the use of ``Fuel Mileage'' in place of Gas Mileage agreed
with EPA that an even more appropriate term would be ``Fuel Economy''.
Therefore, for the final rule, all label occurrences of the term ``Gas
Mileage'' are replaced by ``Fuel Economy''.
The AMFA clearly mandates that the label for dual-fueled vehicles
contain the fuel economy values when operated on gasoline or diesel
fuel, and that additional information be contained in the Gas Mileage
Guide regarding operation on the alternative fuel. The information
required to be published in the Gas Mileage Guide includes: the energy
efficiency and cost of operation of such automobiles when operated on
gasoline or diesel fuels as compared to operation of alcohol or natural
gas; the driving range of such automobiles when operated on gasoline or
diesel fuel as compared to such automobiles when operated on alcohol or
natural gas; information regarding the miles per gallon achieved by
dual-fueled automobiles when operated on alcohol; and an explanation of
how the information may be expected to change when the automobile is
operated on mixtures of alcohol and gasoline or diesel fuel (15 U.S.C.
2006(b)(3)). This information will most likely be of interest to a
consumer who is deciding whether or not to purchase a dual-fueled
vehicle. Congress recognized that it would be impractical to
incorporate all of this information on the fuel economy label and
required that, at a minimum, the label contain gasoline fuel economy
information while alternative fuel information is contained in the Gas
Mileage Guide. However, the AMFA does not specifically prohibit other
label formats.
To avoid consumer confusion and frustration with dual-fueled
vehicle labeling, EPA agrees with commenters that it would be
beneficial to include fuel economy values while operating on the
alternative fuel in addition to those while operating on gasoline on
the same label. This could help avoid problems which would occur when a
model is offered for sale before the Gas Mileage Guide is available for
a particular model year. However, it would not be practical to design
an optional label that would contain all the information that the AMFA
requires to be contained in the Gas Mileage Guide. Therefore, EPA is
providing an optional label format for dual-fueled vehicles that
contains limited information on the fuel economy while operated on the
alternative fuel. Also, this optional label will contain a statement
that refers to the availability of additional information in the Gas
Mileage Guide.
The AMFA mandates that the fuel economy label values for dedicated
natural gas-fueled vehicles are the values used for CAFE purposes
multiplied by 0.15. This requires that the fuel economy value units are
in terms of miles per equivalent gallon of gasoline for natural gas-
fueled automobiles. The most appropriate units in terms of consumer
usefulness are dependent on how the fuel will be sold at retail (e.g.,
per volume, per weight, per equivalent gallon gasoline). Since the
vehicle fuel market for natural gas is not yet established, the most
appropriate label units are not known at this time. Therefore, the
statement: ``To convert these values into units of miles per 100 cubic
feet of natural gas, multiply by 0.823.'' will only be required if
natural gas as a motor vehicle fuel is sold on a volume (cubic feet)
basis. As an option, the manufacturer can perform the calculation for
the consumer and display the values on the label in the following
format: ``The fuel economy in units of miles per [insert units used in
retail] is estimated to be [insert city fuel economy value] in the
city, and [insert highway fuel economy value] on the highway.'' This
format can also be used if natural gas is sold in terms of units other
than gallon equivalent of gasoline or cubic feet. Also, for the
optional label format for natural gas dual-fueled vehicles, the fuel
economy units while operating on natural gas will be based on units
used at retail.
The EPA agrees with manufacturers' comments regarding the necessity
to reevaluate the multiplicative city and highway fuel economy
adjustment factors for label values to better represent in-use fuel
economy when more experience and data are available for alternative-
fueled vehicles.
F. Gas Guzzler Tax Applicability to Alternative-Fueled Vehicles
Statement of Proposal
The Alternative Motor Fuels Act did not address the applicability
of the so-called ``gas guzzler tax'' to dedicated or dual alternative-
fueled vehicles. The Energy Tax Act of 1978, 26 U.S.C. 4064, authorizes
the Secretary of the Treasury (after consultation with the Secretary of
Transportation) to include in the gas guzzler tax program automobiles
fueled with any product of petroleum or natural gas if such inclusion
is consistent with the need of the nation to conserve energy. While
alternative fuels thus could be included in the gas guzzler tax
program, the Secretary of Treasury has not included such fuels by
regulation under this section to date, and dedicated alternative-fueled
automobiles thus do not appear to be currently subject to the gas
guzzler tax. However, since dual-fueled automobiles can operate on
gasoline, the applicability of the gas guzzler tax under current law is
less clear. The EPA solicited comments regarding whether alternative-
fueled automobiles or dual-fueled automobiles should be included in the
gas guzzler tax program, but did not make any proposals in the NPRM.
These comments were submitted to the Internal Revenue Service for their
consideration.
Summary of Comments
Several automobile manufacturers provided comments recommending
that dedicated and dual alternative-fueled vehicles not be included in
the gas guzzler tax program. These manufacturers stated that the
purpose of the AMFA is to facilitate widespread use of alternative
fuels through incentives and that subjecting these vehicles to the gas
guzzler tax program would contravene the goals of the AMFA. The Senate
bill originally included a section intended to ``clarify that the lower
energy content of the alternative fuels covered by this bill do not
trigger the so-called 'gas-guzzler' tax provisions of current law.''
However, this section was deleted since taxes are revenue related
matters that most appropriately should originate in the House of
Representatives. Senator Rockefeller stated in the Congressional
Record-Senate of April 15, 1988, page S. 4101: ``in deleting section 8
from S.1518 that we believe the interpretation of the law should remain
exactly as it was with section 8 in the bill.''
ARCO recommended that any motor fuel tax be applied equally to all
motor fuels including alternative fuels to preserve the energy
conservation intent of the Energy Tax Act of 1978. ARCO suggested that
dual-fueled vehicles be subject to the gas guzzler tax based on the
fuel economy when operated on gasoline. This will appropriately tax
vehicles that are designed to run on the alternative fuel but will most
likely operate inefficiently on gasoline. The generation of CAFE
credits provided by the AMFA would likely result in the production of
gas-guzzling vehicles. ARCO provided an example that showed that a M85
dual-fueled vehicle which has an mpg rating of 20 while operating on
gasoline and 16 while operating on M85 would have a calculated fuel
economy under the CAFE credit provisions of the AMFA of 34 mpg. They
state for this example, at 34 mpg, that the dual-fueled vehicle would
not be taxed as a gas guzzler. However, at 20 mpg gasoline fuel
economy, ARCO feels that the tax would be justifiable and consistent
with the intent of the Energy Tax Act to conserve energy.
NESEA stated that because of the positive attributes of
alternative-fueled vehicles and the urgency of switching away from oil-
fueled cars, alternative-fueled and dual-fueled vehicles should be
included in the gas guzzler tax program as this is an excellent first
step in acknowledging the real costs of running gasoline powered
vehicles.
EPA Position
The EPA does not have the authority to decide which vehicles and
fuels are subject to the gas guzzler tax program. This authority lies
with the Department of Treasury. The IRS agreed that EPA's decision to
label dual-fueled automobiles for gas guzzler tax purposes based on the
fuel economy while operating on gasoline is in accordance with the law.
Therefore, EPA will label dual-fueled vehicles using the current
regulations for gasoline-fueled vehicles contained in 40 CFR part 600,
Sec. 600.513.
V. Technical Amendments
To save the time and printing costs involved in publishing them
under a separate notice, the following technical amendments to the 40
CFR parts 86 and 600 are included in this final rule. Technical
amendments described under items A and B below were proposed in the
NPRM. EPA received no comments on these amendments and therefore will
be included in the final rule as proposed. Technical amendments
described under items C, D, and E, were not included in the NPRM. By
issuing these technical amendments directly as a final rule, EPA is
foregoing the issuance of an NPRM and the opportunity for public
comment on the proposal provided by the NPRM rulemaking process. Such a
curtailed procedure is permitted by 5 U.S.C. 553(b) and section 307(d)
of the Clean Air Act when issuance of a proposal and public comments
would be impracticable, unnecessary, or contrary to the public
interest. The Agency is publishing this action without prior proposal
because these are non-controversial corrections that rectify minor
errors and omissions in the Part 600 regulations in a manner that does
not substantively change the requirements of the final rule. The Agency
finds that this constitutes good cause under 5 U.S.C. 553(b) for a
determination that the issuance of an NPRM is unnecessary.
A. A formaldehyde concentration term is being added to the dilution
factor equation located in 40 CFR 86.144-90(c)(7)(ii) and 86.144-
94(c)(7)(ii). Although the magnitude of the formaldehyde concentration
is very low, it is possible that an assumption of zero concentration
could lead to a slight change in calculated fuel economy. There is no
reason why the formaldehyde concentration term should be left out of
the equation. With this amendment, all measured carbon-containing
compounds will be included in the dilution factor equation.
B. The symbol ``x'' is struck from the dilution factor equation on
40 CFR 86.144-90(c)(7)(ii) and 86.144-94(c)(7)(ii) the first time it
appears in the equation. The first time ``x'' appears in the equation,
it is used to represent multiplication. All other occurrences of ``x''
in the equation represent the measured fuel composition parameter:
CxHyOz. By dropping the first occurrence of ``x'', only
the latter meaning is retained. The multiplication function can be
assumed by virtue of a number adjacent to a variable enclosed in
parenthesis.
C. Part 600.513-91 (b)(2)(xii) currently reads ``(xii) At least
12.5 mpg, the gas guzzler tax statement shall show a tax of $7,700''.
This has been mis-typed; ``At least'' should read ``Less than''.
Therefore, the statement is amended to read: ``Less than 12.5 mpg, the
gas guzzler tax statement shall show a tax of $7,700''.
D. To clarify the definition of the ``c'' factor in 40 CFR
600.513(a)(2) the current language which reads: ``c=1.300 x 10-3
for the 1986 and later model years'' is amended to read: ``c=gas
guzzler adjustment factor = 1.300 x 10-3 for the 1986 and later
model years''.
E. To correct the references for calculating the ``FE'' and
``ag'' terms in CFR 40 600.513-91(a)(2) each occurrence of the
phrase ``in accordance with paragraph (a)(2) of the section'' is
replaced by the phrase: ``in accordance with Sec. 600.207''.
F. In its Control of Air Pollution From New Motor Vehicles and New
Motor Vehicle Engines: Gaseous and Particulate Emission Regulations for
1994 and Later Model Year Light-Duty Vehicles and Light-Duty Trucks;
Final Rule (also known as Tier 1), 56 FR 25724 (June 5, 1991), EPA
adopted the term ``heavy light duty truck'' (HLDT) for light duty
trucks with a gross vehicle weight rating (GVWR) greater than 6000 lbs.
Pursuant to the definition of test weight in section 216(8) of the
Clean Air Act, as amended in 1990, the Tier I rule also adopted the
term ``adjusted loaded vehicle weight'' (ALVW) (the average of curb
weight and GVWR) and required that ALVW be used for emission testing of
HLDTs for one-half the fleet in model year 1996 and the entire fleet
beginning in model year 1997. Prior to this time, emissions test
weights were determined based on loaded vehicle weight (LVW), which is
curb weight plus 300 lbs., and this weight was also used for fuel
economy testing conducted at the same time. ALVW is higher than LVW.
Testing at a higher weight would negatively impact fuel economy values.
Increasing the test weight would therefore have the practical effect of
increasing the stringency of the fuel economy standard, which might be
addressed by adjusting the standard. Under the Motor Vehicle
Information and Cost Savings Act (MVICSA), 15 U.S.C. 2003(d)(1), fuel
economy is to be measured in accordance with testing procedures
established by the EPA Administrator by rule. Also under that
provision, fuel economy tests are, to the extent practicable, to be
conducted in conjunction with emissions tests under the Clean Air Act.
The National Highway Traffic and Safety Administration (NHTSA) is
responsible for setting the fuel economy standards. 15 U.S.C. 2002(b).
In its Light Truck Average Fuel Economy Standards for Model Year
1995; Proposed Rule, 57 FR 61377 (December 24, 1992), NHTSA requested
comments on the issue of test weight for light trucks over 6000 lbs.
GVWR in the context of setting the MY 1995-97 light truck fuel economy
standards. GM, Ford, Chrysler, American Automobile Manufacturers
Association and Rover Group all supported the continuation of fuel
economy testing at LVW. In its Light Truck Average Fuel Economy
Standards for Model Year 1995; Final Rule, 58 FR 18019 (April 7, 1993),
NHTSA quoted extensively from a January 7, 1993 letter from EPA to
industry trade associations explaining that EPA would consider comments
during the NHTSA rulemaking regarding the proper test weight for fuel
economy testing when developing EPA guidance or rulemaking on this
subject. The EPA letter was further quoted as stating that EPA plans to
defer to NHTSA's policy decisions on issues such as the competitiveness
effects of the alternatives and would follow NHTSA's resolution of the
CAFE issue with conforming amendments to its regulations or policy.
NHTSA then concluded in that notice that the preferable solution
would be to retain LVW as the test weight for fuel economy purposes.
This conclusion was based, in part, on comments expressing the concern
that changing the test weight for only a portion of the light truck
fleet would cause consumer confusion and affect the competitiveness of
manufacturers with a higher proportion of sales of the heavier light
trucks. NHTSA finally quoted from a March 4, 1993 letter from EPA to
NHTSA that if NHTSA decided against adjusting the CAFE standard to
reflect a higher test weight, EPA would undertake ``the regulatory and
guidance revisions needed to allow dual testing.''
Accordingly, EPA is today promulgating a technical amendment to
provide that while ALVW is required for emission testing of HLDTs, it
is not required for fuel economy testing of such vehicles.
Manufacturers may, instead, continue to use LVW as the test weight for
fuel economy testing. Vehicle manufacturers, however, have had and
continue to have the option of performing simultaneous emissions and
fuel economy testing using heavier test weights (ALVW in this case).
Therefore, for HLDTs, separate testing using ALVW for emissions and LVW
for fuel economy, or combined emissions and fuel economy testing using
ALVW is acceptable. However, fuel economy adjustments will not be made
to account for potentially lower fuel economy values due to the use of
the heavier test weight (ALVW). This technical amendment changes 40 CFR
600.006-89 (b)(1) (i) and (h) and footnote 4 to the table found at 40
CFR 86.129-94(a) to specify the test weight basis for heavy light duty
trucks.
The Agency also reiterates that despite the change in the HLDT
emission test weight basis, vehicle manufacturers must still assure
that fuel economy data vehicles comply with the applicable exhaust
emission standards. The Administrator reserves the right to require the
manufacturer to either test using ALVW or submit the vehicle for
testing by the Administrator for emission standards compliance using
ALVW for HLDTs.
This action is being taken without prior proposal because EPA
believes that this technical amendment is noncontroversial and has been
subject to notice and comment through NHTSA's rulemaking and EPA's
January 7, 1993 letter referring interested parties to the NHTSA
proposed rule and advising that EPA would consider comments from that
rulemaking. For these reasons, EPA believes that a prior EPA proposal
is unnecessary under the Administrative Procedure Act, 5 U.S.C.
553(b)(3)(B).
Nevertheless, the public is advised that this action will be
effective October 3, 1994, unless notice is received by September 2,
1994, that someone wished to submit adverse or critical comments. If
such notice is received, this action will be withdrawn and two
subsequent documents will be published. One document, which will be
published before the effective date, will withdraw the final action.
Another document will begin a new rulemaking by announcing a proposal
of the action and establishing a comment period. Interested persons are
invited to submit comments on this proposed approval. EPA will consider
all comments received by September 2, 1994. Consequently, this
procedure still allows the opportunity for public comment under the
Administrative Procedure Act, but provides an expedited procedure for
final action where a rulemaking is not expected to be controversial,
public comment has already been received by another federal agency, and
no adverse comment is expected.
VI. Administrative Requirements
A. Administrative Designation
Executive Order 12866
Under Executive Order 12866, (58 FR 51735 (October 1, 1993)) the
Agency must determine whether the regulatory action is ``significant''
and therefore subject to OMB review and the requirements of the
Executive Order. The Order defines ``significant regulatory action'' as
one that is likely to result in a rule that may:
(1) Have an annual effect on the economy of $100 million or more or
adversely affect in a material way the economy, a sector of the
economy, productivity, competition, jobs, the environment, public
health or safety, or State, local, or tribal governments or
communities;
(2) Create a serious inconsistency or otherwise interfere with an
action taken or planned by another agency;
(3) Materially alter the budgetary impact of entitlements, grants,
user fees, or loan programs or the rights and obligations of recipients
thereof; or
(4) Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
the Executive Order.
This regulation was submitted to the Office of Management and
Budget (OMB) for review under the old Executive Order 12291. It has
been determined that this rule is not a ``significant regulatory
action'' under the terms of Executive Order 12866. OMB reviewed this
document under Executive Order 12866 and had no comment.
B. Reporting & Recordkeeping Requirement
The information collection requirements in this rule have been
submitted for approval to the Office of Management and Budget (OMB)
under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. An
Information Collection Request document has been prepared by EPA (ICR
NO. 783.29) and a copy may be obtained from Sandy Farmer, Information
Policy Branch; EPA, 401 M Street, SW., 2740. These requirements are not
effective until OMB approves them and a technical amendment to that
effect is published in the Federal Register.
This collection of information has an estimated reporting burden
averaging 14,600 hours per response and an estimated annual
recordkeeping burden averaging 1,250 hours per respondent. These
estimates include time for reviewing instructions, searching existing
data sources, gathering and maintaining the date needed, and completing
and reviewing the collection of information. The regulations do not
impose any new significant reporting or recordkeeping burden. They
provide for the inclusion of alternative-fueled automobiles in the
current fuel economy programs. The reporting and recordkeeping burdens
associated with fuel economy of alternative-fueled and current
automobiles are identical with the exception of minor changes in fuel
economy label wording for alternative-fueled automobiles. In addition,
it is difficult to accurately separate the total burden of the fuel
economy program, because much of the testing and data input for
determining fuel economy is coincident to that of the emissions
program. In summary, the current impact of the final regulations'
testing, recordkeeping and reporting burden is negligible.
Send comments regarding the burden estimate or any other aspect of
this collection of information, including suggestions for reducing this
burden to Chief, Information Policy Branch (PM-2136); U.S.
Environmental Protection Agency; 401 M Street, SW., Washington, DC
20460; and to the Office of Information and Regulatory Affairs, Office
of Management and Budget, Washington, DC 20503, marked ``Attention:
Desk Officer for EPA.''
C. Regulatory Flexibility Act
The Regulatory Flexibility Act of 1980 requires federal agencies to
identify potentially adverse impacts of federal regulations upon small
entities. In instances where significant impacts are possible on a
substantial number of these entities, agencies are required to perform
a Regulatory Flexibility Analysis (RFA).
Pursuant to section 605(b) of the Regulatory Flexibility Act, 5
U.S.C. 605(b), the Administrator certifies that this rule will not have
a significant economic impact on a substantial number of small
entities. The fuel economy regulation revisions herein provide
Corporate Average Fuel Economy (CAFE) credits to manufacturers of
alternative-fueled vehicles who are subject to the CAFE program, most
of which are large automobile manufacturers and therefore will not have
a significant impact on a substantial number of small entities.
List of Subjects
40 CFR Part 86
Environmental protection, Administrative practice and procedure,
Confidential business information, Labeling, Motor vehicle pollution,
Reporting and recordkeeping requirements.
40 CFR Part 600
Administrative practice and procedure, Electric power, Energy
conservation, Fuel economy, Gasoline, Incorporation by reference,
Labeling, Reporting and recordkeeping requirements.
Authority: 15 U.S.C. 2001, 2002, 2003, 2005, 2006, 2013; 42
U.S.C. 7521, 7522, 7524, 7525, 7541, 7542, 7549, 7550, 7552, and
7601(a).
Dated: April 13, 1994.
Carol M. Browner,
Administrator.
Appendix to Preamble
Table of Changes Made to Various Subparts
------------------------------------------------------------------------
Section Change Reason
------------------------------------------------------------------------
1. Part 86, None....................
Authority.
2. Sec. 86.129-94\4\ Addition of text to Technical amendments.
clarify test weight
basis for heavy light-
duty trucks.
3. Sec. 86.144- Addition of formaldehyde Technical amendments.
90,(c)(7)(ii). concentration term to
DF equation and
clarification of ``x''
term.
4. Sec. 86.144-94, Addition of formaldehyde Technical amendments.
(c)(7)(ii). concentration term to
DF equation and
clarification of ``x''
term.
5. Part 600, Addition of citations... Incorporate all
Authority. authority citations.
6. Sec. 600.001-93.. Addition of section Do.
600.001-93.
7. Sec. 600.002-93.. Addition of section Do.
600.002-93.
8. Sec. 600.004-77.. Addition of text to Clarification.
clarify section
reference structure.
9. Sec. 600.006-89, Addition of text to Technical amendments.
(b)(1) (i), (h). clarify test weight
basis for heavy light -
duty trucks.
10. Sec. 600.007-80, Add words ``and for Add language to clarify
(f). which emission requirements for
standards apply''. vehicle acceptability.
11. Sec. 600.011-93. Addition of section Do.
600.011-93.
12. Sec. 600.101-93. Addition of section Do.
600.101-93.
13. Sec. 600.107-93. Addition of section Do.
600.107-93.
14. Sec. 600.111-93. Addition of section Do.
600.111-93.
15. Sec. 600.113-93. Addition of section Add fuel economy
600.113-93. equation for methanol-
fueled and methanol
dual fuel vehicles.
16. Sec. 600.201-93. Addition of section Incorporation of alcohol
600.201-93. fueled, natural gas
fueled, alcohol dual
fuel, and natural gas
dual fuel vehicles into
the regulations.
17. Sec. 600.206-93. Addition of section Do.
600.206-93.
18. Sec. 600.207-93. Addition of section Do.
600.207-93.
19. Sec. 600.209-95. Addition of section Do.
600.209-93.
20. Sec. 600.301-95. Addition of section Do.
600.301-94.
21. Sec. 600.307-95. Addition of section Do.
600.307-94.
22. Sec. 600.501-93. Addition of section Do.
600.501-93.
23. Sec. 600.510-93. Addition of section Do.
600.510-93.
24. Sec. 600.513-91, Add text regarding dual Incorporate dual fuel
(a), (a)(2), fuel vehicles, clarify vehicles and Technical
(b)(2)(xii). FE, ag, and c terms, amendments.
correct tax
applicability <12 mpg..
25. Appendix VIII... Addition of example Do.
label formats for
alternative-fueled
vehicles..
------------------------------------------------------------------------
\4\For model year 1994 and later heavy light-duty trucks not subject to
the Tier 0 standards of Sec. 86.094-9 of subpart A, test weight basis
is as follows: for emissions tests, the basis shall be adjusted loaded
vehicle weight, as defined in Sec. 86.094-2 of subpart A; and for fuel
economy tests, the basis shall be loaded vehicle weight, as defined in
Sec. 86.082-2 of subpart A, or, at the manufacturer's option, adjusted
loaded vehicle weight as defined in Sec. 86.094-2 of subpart A. For
all other vehicles, test weight basis shall be loaded vehicle weight,
as defined in Sec. 86.082-2 of subpart A.
For the reasons set forth in the preamble, chapter I of title 40 of
the Code of Federal Regulations is amended as follows:
PART 86--CONTROL OF AIR POLLUTION FROM NEW AND IN-USE MOTOR
VEHICLES AND NEW AND IN-USE MOTOR VEHICLE ENGINES: CERTIFICATION
AND TEST PROCEDURES
1. The authority citation for part 86 continues to read as follows:
Authority: Secs. 202, 203, 205, 206, 207, 208, 215, 216, 217,
301(a), of the Clean Air Act as amended (42 U.S.C. 7521, 7522, 7524,
7525, 7541, 7542, 7549, 7550, 7552, and 7601(a)).
2. Section 86.129-94 is amended by revising footnote 4 to the table
in paragraph (a) to read as follows:
Sec. 86.129-94 Road load power, test weight, inertia weight class
determination, and fuel temperature profile.
* * * * *
(a) * * *
* * * * *
3. Section 86.144-90 is amended by revising the dilution factor
equation in paragraph (c)(7)(ii) to read as follows:
Sec. 86.144-90 Calculations; exhaust emissions.
* * * * *
(c) * * *
(7) * * *
(ii)
TR03AU94.000
* * * * *
4. Section 86.144-94 is amended by revising the dilution factor
equation in paragraph (c)(7)(ii) to read as follows:
Sec. 86.144-94 Calculations; exhaust emissions.
* * * * *
(c) * * *
(7) * * *
(ii)
TR03AU94.001
* * * * *
PART 600--FUEL ECONOMY OF MOTOR VEHICLES
5. The authority citation for part 600 is revised to read as
follows:
Authority: 15 U.S.C. 2001, 2002, 2003, 2005, 2006, and 2013.
Subpart A--[Amended]
6. A new Sec. 600.001-93 is added to subpart A to read as follows:
Sec. 600.001-93 General applicability.
(a) The provisions of this subpart are applicable to 1993 and later
model year gasoline-fueled, diesel-fueled, alcohol-fueled, natural gas-
fueled, alcohol dual fuel, and natural gas dual fuel automobiles.
(b) (1) Manufacturers that produce only electric vehicles are
exempt from the requirement of this subpart, except with regard to the
requirements in those sections pertaining specifically to electric
vehicles.
(2) Manufacturers with worldwide production (excluding electric
vehicle production) of less than 10,000 gasoline-fueled and/or diesel
powered passenger automobiles and light trucks may optionally comply
with the electric vehicle requirements in this subpart.
7. A new Sec. 600.002-93 is added to subpart A to read as follows:
Sec. 600.002-93 Definitions.
(a) As used in this subpart, all terms not defined in this section
shall have the meaning given them in the Act:
(1) Act means Part I of Title V of the Motor Vehicle Information
and Cost Savings Act (15 U.S.C. 1901 et seq.).
(2) Administrator means the Administrator of the Environmental
Protection Agency or his authorized representative.
(3) Secretary means the Secretary of Transportation or his
authorized representative.
(4) Automobile means:
(i) Any four-wheel vehicle propelled by a combustion engine using
onboard fuel, or by an electric motor drawing current from rechargeable
storage batteries or other portable energy storage devices
(rechargeable using energy from a source off the vehicle such as
residential electric service);
(ii) Which is manufactured primarily for use on public streets,
roads, or highways (except any vehicle operated on a rail or rails);
(iii) Which is rated at not more than 8,500 pounds gross vehicle
weight, which has a curb weight of not more than 6,000 pounds, and
which has a basic vehicle frontal area of not more than 45 square feet;
or
(iv) Is a type of vehicle which the Secretary determines is
substantially used for the same purposes.
(5) Passenger automobile means any automobile which the Secretary
determines is manufactured primarily for use in the transportation of
no more than 10 individuals.
(6) Model year means the manufacturer's annual production period
(as determined by the Administrator) which includes January 1 of such
calendar year. If a manufacturer has no annual production period, the
term ``model year'' means the calendar year.
(7) Federal emission test procedure refers to the dynamometer
driving schedule, dynamometer procedure, and sampling and analytical
procedures described in Part 86 for the respective model year, which
are used to derive city fuel economy data.
(8) Federal highway fuel economy test procedure refers to the
dynamometer driving schedule, dynamometer procedure, and sampling and
analytical procedures described in Subpart B of this part and which are
used to derive highway fuel economy data.
(9) Fuel means:
(i) Gasoline and diesel fuel for gasoline- or diesel-powered
automobiles; or
(ii) Electrical energy for electrically powered automobiles; or
(iii) Alcohol for alcohol-powered automobiles; or
(iv) Natural gas for natural gas-powered automobiles.
(10) Fuel economy means:
(i) The average number of miles traveled by an automobile or group
of automobiles per volume of fuel consumed as computed in Sec. 600.113
or Sec. 600.207; or
(ii) The equivalent petroleum-based fuel economy for an
electrically powered automobile as determined by the Secretary of
Energy.
(11) City fuel economy means the fuel economy determined by
operating a vehicle (or vehicles) over the driving schedule in the
Federal emission test procedure.
(12) Highway fuel economy means the fuel economy determined by
operating a vehicle (or vehicles) over the driving schedule in the
Federal highway fuel economy test procedure.
(13) Combined fuel economy means:
(i) The fuel economy value determined for a vehicle (or vehicles)
by harmonically averaging the city and highway fuel economy values,
weighted 0.55 and 0.45 respectively.
(ii) For electric vehicles, the term means the equivalent
petroleum-based fuel economy value as determined by the calculation
procedure promulgated by the Secretary of Energy.
(14) Average fuel economy means the unique fuel economy value as
computed under Sec. 600.510 for a specific class of automobiles
produced by a manufacturer that is subject to average fuel economy
standards.
(15) Certification vehicle means a vehicle which is selected under
Sec. 86.084-24(b)(1) of this chapter and used to determine compliance
under Sec. 86.084-30 of this chapter for issuance of an original
certificate of conformity.
(16) Fuel economy data vehicle means a vehicle used for the purpose
of determining fuel economy which is not a certification vehicle.
(17) Label means a sticker that contains fuel economy information
and is affixed to new automobiles in accordance with subpart D of this
part.
(18) Dealer means a person who resides or is located in the United
States, any territory of the United States, or the District of Columbia
and who is engaged in the sale or distribution of new automobiles to
the ultimate purchaser.
(19) Model type means a unique combination of car line, basic
engine, and transmission class.
(20) Car line means a name denoting a group of vehicles within a
make or car division which has a degree of commonality in construction
(e.g., body, chassis). Car line does not consider any level of decor or
opulence and is not generally distinguished by characteristics as roof
line, number of doors, seats, or windows, except for station wagons or
light-duty trucks. Station wagons and light-duty trucks are considered
to be different car lines than passenger cars.
(21) Basic engine means a unique combination of manufacturer,
engine displacement, number of cylinders, fuel system (as distinguished
by number of carburetor barrels or use of fuel injection), catalyst
usage, and other engine and emission control system characteristics
specified by the Administrator. For electric vehicles, basic engine
means a unique combination of manufacturer and electric traction motor,
motor controller, battery configuration, electrical charging system,
energy storage device, and other components as specified by the
Administrator.
(22) Transmission class means a group of transmissions having the
following common features: Basic transmission type (manual, automatic,
or semi-automatic); number of forward gears used in fuel economy
testing (e.g., manual four-speed, three-speed automatic, two-speed
semi-automatic); drive system (e.g., front wheel drive, rear wheel
drive; four wheel drive), type of overdrive, if applicable (e.g., final
gear ratio less than 1.00, separate overdrive unit); torque converter
type, if applicable (e.g., non-lockup, lockup, variable ratio); and
other transmission characteristics that may be determined to be
significant by the Administrator.
(23) Base level means a unique combination of basic engine, inertia
weight class and transmission class.
(24) Vehicle configuration means a unique combination of basic
engine, engine code, inertia weight class, transmission configuration,
and axle ratio within a base level.
(25) Engine code means a unique combination, within an engine-
system combination (as defined in Part 86 of this chapter), of
displacement, carburetor (or fuel injection) calibration, distributor
calibration, choke 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.
(26) Inertia weight class means the class, which is a group of test
weights, into which a vehicle is grouped based on its loaded vehicle
weight in accordance with the provisions of part 86 of this chapter.
(27) Transmission configuration means the Administrator may further
subdivide within a transmission class if the Administrator determines
that sufficient fuel economy differences exist. Features such as gear
ratios, torque converter multiplication ratio, stall speed, shift
calibration, or shift speed may be used to further distinguish
characteristics within a transmission class.
(28) Axle ratio means the number of times the input shaft to the
differential (or equivalent) turns for each turn of the drive wheels.
(29) Auxiliary emission control device (AECD) means an element of
design as defined in part 86 of this chapter.
(30) Rounded means a number shortened to the specific number of
decimal places in accordance with the ``Round Off Method'' specified in
ASTM E 29 (Incorporated by reference as specified in Sec. 600.011-93).
(31) Calibration means the set of specifications, including
tolerances, unique to a particular design, version of application of a
component, or component assembly capable of functionally describing its
operation over its working range.
(32) Production volume means, for a domestic manufacturer, the
number of vehicle units domestically produced in a particular model
year but not exported, and for a foreign manufacturer, means the number
of vehicle units of a particular model imported into the United States.
(33) Body style means a level of commonality in vehicle
construction as defined by number of doors and roof treatment (e.g.,
sedan, convertible, fastback, hatchback) and number of seats (i.e.,
front, second, or third seat) requiring seat belts pursuant to National
Highway Traffic Safety Administration safety regulations in 49 CFR part
571. Station wagons and light trucks are identified as car lines.
(34) Hatchback means a passenger automobile where the conventional
luggage compartment, i.e., trunk, is replaced by a cargo area which is
open to the passenger compartment and accessed vertically by a rear
door which encompasses the rear window.
(35) Pickup truck means a nonpassenger automobile which has a
passenger compartment and an open cargo bed.
(36) Station wagon means a passenger automobile with an extended
roof line to increase cargo or passenger capacity, cargo compartment
open to the passenger compartment, a tailgate, and one or more rear
seats readily removed or folded to facilitate cargo carrying.
(37) Gross vehicle weight rating means the manufacturer's gross
weight rating for the individual vehicle.
(38) Ultimate consumer means the first person who purchases an
automobile for purposes other than resale or leases an automobile.
(39) Van means any light truck having an integral enclosure fully
enclosing the driver compartment and load carrying device, and having
no body sections protruding more than 30 inches ahead of the leading
edge of the windshield.
(40) Base vehicle means the lowest priced version of each body
style that makes up a car line.
(41) Nonpassenger automobile means an automobile that is not a
passenger automobile, as defined by the Secretary of Transportation at
49 CFR 523.5.
(42) Four-wheel-drive general utility vehicle means a four-wheel-
drive, general purpose automobile capable of off-highway operation that
has a wheelbase not more than 110 inches and that has a body shape
similar to a 1977 Jeep CJ-5 or CJ-7, or the 1977 Toyota Land Cruiser,
as defined by the Secretary of Transportation at 49 CFR 553.4.
(43) Test weight means the weight within an inertia weight class
which is used in the dynamometer testing of a vehicle, and which is
based on its loaded vehicle weight in accordance with the provisions of
part 86 of this chapter.
(44) Secretary of Energy means the Secretary of Energy or his
authorized representative.
(45) Electric traction motor means an electrically powered motor
which provides tractive energy to the wheels of a vehicle.
(46) Energy storage device means a rechargeable means of storing
tractive energy on board a vehicle such as storage batteries or a
flywheel.
(47) Motor controller means an electronic or electro-mechanical
device to convert energy stored in an energy storage device into a form
suitable to power the traction motor.
(48) Electrical charging system means a device to convert 60Hz
alternating electric current, as commonly available in residential
electric service in the United States, to a proper form for recharging
the energy storage device.
(49) Battery configuration means the electrochemical type, voltage,
capacity (in Watt-hours at the c/3 rate), and physical characteristics
of the battery used as the tractive energy device.
(50) Drive system is determined by the number and location of drive
axles (e.g., front wheel drive, rear wheel drive, four wheel drive) and
any other feature of the drive system if the Administrator determines
that such other features may result in a fuel economy difference.
(51) Subconfiguration means a unique combination within a vehicle
configuration of equivalent test weight, road-load horsepower, and any
other operational characteristics or parameters which the Administrator
determines may significantly affect fuel economy within a vehicle
configuration.
(52) Alcohol means a mixture containing 85 percent or more by
volume methanol, ethanol, or other alcohols, in any combination.
(53) Alcohol-fueled automobile means an automobile designed to
operate exclusively on alcohol.
(54) Alcohol dual fuel automobile means an automobile:
(i) Which is designed to operate on alcohol and on gasoline or
diesel fuel;
(ii) Which provides equal or greater energy efficiency as
calculated in accordance with Sec. 600.510(g)(1) while operating on
alcohol as it does while operating on gasoline or diesel fuel;
(iii) Which, for model years 1993 through 1995, provides equal or
superior energy efficiency, as determined in Sec. 600.510(g)(2) while
operating on a mixture of alcohol and gasoline or diesel fuel
containing 50 percent gasoline or diesel fuel as it does while
operating on gasoline or diesel fuel; and
(iv) Which, in the case of passenger automobiles, meets or exceeds
the minimum driving range established by the Department of
Transportation in 49 CFR 538.
(55) ``Natural gas-fueled automobile'' means an automobile designed
to operate exclusively on natural gas.
(56) ``Natural gas dual fuel automobile'' means an automobile:
(i) Which is designed to operate on natural gas and on gasoline or
diesel fuel;
(ii) Which provides equal or greater energy efficiency as
calculated in Sec. 600.510(g)(1) while operating on natural gas as it
does while operating on gasoline or diesel fuel; and
(iii) Which, in the case of passenger automobiles, meets or exceeds
the minimum driving range established by the Department of
Transportation in 49 CFR part 538.
(b) [Reserved]
8. Section 600.004-77 of subpart A is revised to read as follows:
Sec. 600.004-77 Section numbering, construction.
(a) The model year of initial applicability is indicated by the
section number. The two digits following the hyphen designate the first
model year for which a section is effective. A section is effective
until superseded.
Example: Section 600.111-78 applies to the 1978 and subsequent
model years until superseded. If a Sec. 600.111-81 is promulgated,
it would take effect beginning with the 1981 model year;
Sec. 600.111-78 would apply to model years 1978 through 1980.
(b) A section reference without a model year suffix refers to the
section applicable for the appropriate model year.
9. Section 600.006-89 of subpart A is amended by revising paragraph
(b)(1)(i) and adding paragraph (h) to read as follows:
Sec. 600.006-89 Data and information requirements for fuel economy
vehicles.
* * * * *
(b)(1) * * *
(i) A description of the vehicle, exhaust emission test results,
applicable deterioration factors, adjusted exhaust emission levels, and
test fuel property values as specified in Sec. 600.113-93 except as
specified in paragraph (h) of this section.
* * * * *
(h) For light-duty fuel economy trucks over 6000 lbs GVWR, the
manufacturer must submit emissions data generated while using the
following test weight basis:
(1) Adjusted Loaded Vehicle Weight (ALVW) as defined in
Sec. 86.094-2 of this chapter; or
(2) Loaded Vehicle Weight (LVW) as defined in Sec. 86.082-2 of this
chapter, in which case the Administrator reserves the right to either
require the manufacturer to test using ALVW and submit the data or
submit the vehicle for testing by the Administrator for emission
standards compliance.
10. Section 600.007-80 of subpart A is amended by revising
paragraph (f) introductory text to read as follows:
Sec. 600.007-80 Vehicle acceptability.
* * * * *
(f) All vehicles used to generate fuel economy data, and for which
emission standards apply, must be covered by a certificate of
conformity under part 86 of this chapter before:
* * * * *
11. Section 600.011-93 is added to subpart A to read as follows:
Sec. 600.011-93 Reference materials.
(a) Incorporation by reference. The documents in paragraph (b) of
this section have been incorporated by reference. The 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
inspected at USEPA, OAR, 401 M Street, SW., Washington DC 20460, or at
the Office of the Federal Register, 800 N. Capitol Street, NW., suite
700, Washington, DC.
(b) The following paragraphs and tables set forth the material that
has been incorporated by reference in this part.
(1) ASTM material. The following table sets forth material from the
American Society for Testing and Materials which has been incorporated
by reference. The first column lists the number and name of the
material. The second column lists the section(s) of this part, other
than Sec. 600.011, in which the matter is referenced. Copies of these
materials may be obtained from American Society for Testing and
Materials, 1916 Race Street, Philadelphia, PA 19103.
------------------------------------------------------------------------
40 CFR part 600 Preference
Document number and name
------------------------------------------------------------------------
ASTM E 29-67 (Reapproved 1973) Standard 600.002-93(a)(30); 600.113-
Recommended Practice for Indicating which 93(d)
Places of Figures are to be Considered
Significant in Specified Limiting Values.
ASTM D 1298-85 (Reapproved 1990) Standard 600.113-93(c)(1)(i),
Practice for Density, Relative Density (c)(2)(i)(A),
(Specific Gravity), or API Gravity of Crude (c)(2)(i)(B), (c)(2)(ii);
Petroleum and Liquid Petroleum Products by 600.510-93 (g)(1)(ii)(B),
Hydrometer Method. (g)(2)(ii)(B).
ASTM D 3343-90 Standard Test Method for 600.113-93(c)(1)(ii),
Estimation of Hydrogen Content of Aviation (c)(2)(ii).
Fuels.
ASTM D 3338-92 Standard Test Method for 600.113-93(c)(1)(iii).
Estimation of Net Heat of Combustion of
Aviation Fuels.
ASTM D 240-92 Standard Test Method for Heat 600.113-93(c)(2)(iii);
of Combustion of Liquid Hydrocarbon Fuels 600.510-93 (g)(1)(ii)(A),
by Bomb Calorimeter. (g)(2)(ii)(A).
------------------------------------------------------------------------
(2) [Reserved]
Subpart B--[Amended]
12. A new Sec. 600.101-93 is added to subpart B to read as follows:
Sec. 600.101-93 General applicability.
The provisions of this subpart are applicable to 1993 and later
model year gasoline-fueled, diesel-fueled, alcohol-fueled, natural gas-
fueled, alcohol dual fuel, and natural gas dual fuel automobiles.
13. A new Sec. 600.107-93 is added to subpart B to read as follows:
Sec. 600.107-93 Fuel specifications.
(a) The test fuel specifications for gasoline-fueled automobiles
are given in Sec. 86.113(a) (1) and (2) of this chapter.
(b) The test fuel specifications for diesel-fueled automobiles are
given in Sec. 86.113(b) (1) through (3) of this chapter.
(c) The test fuel specifications for methanol fuel used in Otto-
cycle automobiles are given in Sec. 86.113(a) (3) and (4) of this
chapter.
(d) The test fuel specifications for methanol fuel used in diesel
cycle automobiles are given in Sec. 86.113(b) (4) through (6) of this
chapter.
(e) The test fuel specifications for mixtures of petroleum and
methanol fuels for methanol dual fuel vehicles are given in
Sec. 86.113(d) of this chapter.
(f) The specification range of the fuels to be used under
paragraphs (c) and (d) of this section shall be reported in accordance
with Sec. 86.090-21(b)(3) of this chapter.
14. A new Sec. 600.111-93 is added to subpart B to read as follows:
Sec. 600.111-93 Test procedures.
(a) The test procedures to be followed for generation of the city
fuel economy data are those prescribed in Secs. 86.127 through 86.138
of this chapter, as applicable, except as provided for in paragraph (d)
of this section. (The evaporative loss portion of the test procedure
may be omitted unless specifically required by the Administrator.)
(b) The test procedures to be followed for generation of the
highway fuel economy data are those specified in paragraphs (b) through
(j) of this section.
(1) The Highway Fuel Economy Dynamometer Procedure consists of
preconditioning highway driving sequence and a measured highway driving
sequence.
(2) The highway fuel economy test is designated to simulate non-
metropolitan driving with an average speed of 48.6 mph and a maximum
speed of 60 mph. The cycle is 10.2 miles long with 0.2 stop per mile
and consists of warmed-up vehicle operation on a chassis dynamometer
through a specified driving cycle. A proportional part of the diluted
exhaust emission is collected continuously for subsequent analysis of
hydrocarbons, carbon monoxide, carbon dioxide using a constant volume
(variable dilution) sampler. Diesel dilute exhaust is continuously
analyzed for hydrocarbons using a heated sample line and analyzer.
Methanol and formaldehyde samples are collected and individually
analyzed for methanol-fueled vehicles (measurement of methanol and
formaldehyde may be omitted for 1993 through 1994 model year methanol-
fueled vehicles provided a HFID calibrated on methanol is used for
measuring HC plus methanol).
(3) Except in cases of component malfunction or failure, all
emission control systems installed on or incorporated in a new motor
vehicle must be functioning during all procedures in this subpart. The
Administrator may authorize maintenance to correct component
malfunction or failure.
(c) Transmission. The provisions of Sec. 86.128 of this chapter
apply for vehicle transmission operation during highway fuel economy
testing under this subpart.
(d) Road load power and test weight determination. Section 86.129
of this chapter applies for determination of road load power and test
weight for highway fuel economy testing. The test weight for the
testing of a certification vehicle will be that test weight specified
by the Administrator under the provisions of part 86 of this chapter.
The test weight for a fuel economy data vehicle will be that test
weight specified by the Administrator from the test weights covered by
that vehicle configuration. The Administrator will base his selection
of a test weight on the relative projected sales volumes of the various
test weights within the vehicle configuration.
(e) Vehicle preconditioning. The Highway Fuel Economy Dynamometer
Procedure is designed to be performed immediately following the Federal
Emission Test Procedure, Secs. 86.127 through 86.138 of this chapter.
When conditions allow, the tests should be scheduled in this sequence.
In the event the tests cannot be scheduled within three hours of the
Federal Emission Test Procedure (including one hour hot soak
evaporative loss test, if applicable) the vehicle should be
preconditioned as in paragraph (e) (1) or (2) of this section, as
applicable.
(1) If the vehicle has experienced more than three hours of soak
(68 deg.F-86 deg.F) since the completion of the Federal Emission Test
Procedure, or has experienced periods of storage outdoors, or in
environments where soak temperature is not controlled to 68 deg.F-86
deg.F, the vehicle must be preconditioned by operation on a dynamometer
through one cycle of the EPA Urban Dynamometer Driving Schedule,
Sec. 86.115 of this chapter.
(2) In unusual circumstances where additional preconditioning is
desired by the manufacturer, the provisions of Sec. 86.132(a)(3) of
this chapter apply.
(f) Highway fuel economy dynamometer procedure. (1) The dynamometer
procedure consists of two cycles of the Highway Fuel Economy Driving
Schedule (Sec. 600.109(b)) separated by 15 seconds of idle. The first
cycle of the Highway Fuel Economy Driving Schedule is driven to
precondition the test vehicle and the second is driven for the fuel
economy measurement.
(2) The provisions of paragraphs (b), (c), (e), (f), (g) and (h) of
Sec. 86.135 Dynamometer procedure of this chapter, apply for highway
fuel economy testing.
(3) Only one exhaust sample and one background sample are collected
and analyzed for hydrocarbons (except diesel hydrocarbons which are
analyzed continuously), carbon monoxide, and carbon dioxide. Methanol
and formaldehyde samples (exhaust and dilution air) are collected and
analyzed for methanol-fueled vehicles (measurement of methanol and
formaldehyde may be omitted for 1993 through 1994 model year methanol-
fueled vehicles provided a HFID calibrated on methanol is used for
measuring HC plus methanol).
(4) The fuel economy measurement cycle of the test includes two
seconds of idle indexed at the beginning of the second cycle and two
seconds of idle indexed at the end of the second cycle.
(g) Engine starting and restarting. (1) If the engine is not
running at the initiation of the highway fuel economy test
(preconditioning cycle), the start-up procedure must be according to
the manufacturer's recommended procedures.
(2) False starts and stalls during the preconditioning cycle must
be treated as in Sec. 86.136(d) and (e) of this chapter. If the vehicle
stalls during the measurement cycle of the highway fuel economy test,
the test is voided, corrective action may be taken according to
Sec. 86.079-25 of this chapter, and the vehicle may be rescheduled for
test. The person taking the corrective action shall report the action
so that the test records for the vehicle contain a record of the
action.
(h) Dynamometer test run. The following steps must be taken for
each test:
(1) Place the drive wheels of the vehicle on the dynamometer. The
vehicle may be driven onto the dynamometer.
(2) Open the vehicle engine compartment cover and position the
cooling fans(s) required. Manufacturers may request the use of
additional cooling fans for additional engine compartment or under-
vehicle cooling and for controlling high tire or brake temperatures
during dynamometer operation.
(3) Preparation of the CVS must be performed before the measurement
highway driving cycle.
(4) Equipment preparation. The provisions of Sec. 86.137(b)(3)
through (6) of this chapter apply for highway fuel economy test except
that only one exhaust sample collection bag and one dilution air sample
collection bag need be connected to the sample collection systems.
(5) Operate the vehicle over one Highway Fuel Economy Driving
Schedule cycle according to the dynamometer driving schedule specified
in Sec. 600.109(b).
(6) When the vehicle reaches zero speed at the end of the
preconditioning cycle, the driver has 17 seconds to prepare for the
emission measurement cycle of the test. Reset and enable the roll
revolution counter.
(7) Operate the vehicle over one Highway Fuel Economy Driving
Schedule cycle according to the dynamometer driving schedule specified
in Sec. 600.109(b) while sampling the exhaust gas.
(8) Sampling must begin two seconds before beginning the first
acceleration of the fuel economy measurement cycle and must end two
seconds after the end of the deceleration to zero. At the end of the
deceleration to zero speed, the roll or shaft revolutions must be
recorded.
(i) For methanol dual fuel automobiles, the procedures of
Sec. 600.111 (a) and (b) shall be performed for each of the required
test fuels:
(1) Gasoline or diesel fuel as specified in Sec. 600.107 (a) and
(b); and
(2) Methanol fuel as specified in Sec. 600.107 (c) and (d); and
(3) A mixture containing 50% gasoline or diesel and 50% methanol by
volume, applicable during model years 1993 through 1995; or
(4) In lieu of testing using the mixture containing 50% gasoline or
diesel and 50% methanol by volume, the manufacturer must provide a
written statement attesting that the equal or superior energy
efficiency is attained while using the 50% gasoline or diesel and 50%
methanol mixture compared to using gasoline.
15. A new Sec. 600.113-93 is added to subpart B to read as follows:
Sec. 600.113-93 Fuel economy calculations.
The Administrator will use the calculation procedure set forth in
this section for all official EPA testing of vehicles fueled with
gasoline, diesel, or methanol fuel. The calculations of the weighted
fuel economy values require input of the weighted grams/mile values for
HC, CO, and CO2, and, additionally for methanol fueled automobiles
CH3OH and HCHO for both the city fuel economy test and the highway
fuel economy test. Additionally, the specific gravity, carbon weight
fraction and net heating value of the test fuel must be determined. The
city and highway fuel economy values shall be calculated as specified
in this section. A sample appears in Appendix II to this part.
(a) Calculate the weighted grams/mile values for the city fuel
economy test for HC, CO, and CO2, and, additionally for methanol-
fueled automobiles, CH3OH and HCHO as specified in Sec. 86.144 of
this chapter. Measure and record the test fuel's properties as
specified in paragraph (c) of this section.
(b)(1) Calculate the mass values for the highway fuel economy test
for HC, CO, and CO2, and CH3OH and HCHO where applicable, as
specified in Sec. 86.144(b) of this chapter. Measure and record the
test fuel's properties as specified in paragraph (c) of this section.
(2) Calculate the grams/mile values for the highway fuel economy
test for HC, CO, and CO2, and CH3OH and HCHO where
applicable, 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) Gasoline test fuel properties shall be determined by
analysis of a fuel sample taken from the fuel supply. A sample shall be
taken after each addition of fresh fuel to the fuel supply.
Additionally, the fuel shall be resampled once a month to account for
any fuel property changes during storage. Less frequent resampling may
be permitted if EPA concludes, on the basis of manufacturer-supplied
data, that the properties of test fuel in the manufacturer's storage
facility will remain stable for a period longer than one month. The
fuel samples shall be analyzed to determine the following fuel
properties:
(i) Specific gravity per ASTM D 1298 (Incorporated by reference as
specified in Sec. 600.011-93).
(ii) Carbon weight fraction per ASTM D 3343 (Incorporated by
reference as specified in Sec. 600.011-93).
(iii) Net heating value (Btu/lb) per ASTM D 3338 (Incorporated by
reference as specified in Sec. 600.011-93).
(2) Methanol test fuel shall be analyzed to determine the following
fuel properties:
(i) Specific gravity using either:
(A) ASTM D 1298 (incorporated by reference as specified in
Sec. 600.011-93) for the blend or:
(B) ASTM D 1298 (incorporated by reference as specified in
Sec. 600.011-93) for the gasoline fuel component and also for the
methanol fuel component and combining as follows:
SG=SGg x volume fraction gasoline+SGm x volume fraction
methanol.
(ii)(A) Carbon weight fraction using the following equation:
CWF=CWFg x MFg+0.375 x MFm
Where:
CWFg=Carbon weight fraction of gasoline portion of blend per ASTM
D 3343 (incorporated by reference as specified in Sec. 600.011-93).
MFg=Mass fraction gasoline=(GxSGg)/(GxSGg+MxSGm)
MFm=Mass fraction methanol=(MxSGm)/(GxSGg+MxSGm)
Where:
G=Volume fraction gasoline
M=Volume fraction methanol
SGg=Specific gravity of gasoline as measured by ASTM D 1298
(Incorporated by reference as specified in Sec. 600.011-93).
SGm=Specific gravity of methanol as measured by ASTM D 1298
(Incorporated by reference as specified in Sec. 600.011-93).
(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 (c)(2)(ii).
(iii) Net heating value (BTU/lb) per ASTM D 240 (Incorporated by
reference as specified in Sec. 600.011-93).
(d) Calculate the city fuel economy and highway fuel economy from
the grams/mile values for HC, CO, CO2, and CH3OH and HCHO
where applicable, and, the test fuel's specific gravity, carbon weight
fraction and net heating value. The emission values (obtained per
paragraph (a) or (b) of this section, as applicable) used in each
calculation of this section shall be rounded in accordance with
Sec. 86.084-26(a)(6)(iii) of this chapter. The CO2 values
(obtained per paragraph (a) or (b) of 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 (c) of this section) shall be recorded using
three places to the right of the decimal point. The net heating value
(obtained per paragraph (c) of this section) shall be recorded to the
nearest whole Btu/lb. These numbers shall be rounded in accordance with
the ``Rounding Off Method'' specified in ASTM E 29 (Incorporated by
reference as specified in Sec. 600.011-93).
(e)(1) For gasoline-fueled automobiles, the fuel economy in miles
per gallon is to be calculated using the following equation:
mpg=(5174 x 10\4\ x CWF x SG)/ [((CWF x HC)+(0.429 x
CO)+(0.273 x CO2)) x ((0.6 x SGxNHV)+5471)]
Where:
HC=Grams/mile HC as obtained in paragraph (d) of this section.
CO=Grams/mile CO as obtained in paragraph (d) of this section.
CO2=Grams/mile CO2 as obtained in paragraph (d) of this
section.
CWF=Carbon weight fraction of test fuel as obtained in paragraph (d) of
this section.
NHV=Net heating value by mass of test fuel as obtained in paragraph (d)
of this section.
SG=Specific gravity of test fuel as obtained in paragraph (d) of this
section.
(2) Round the calculated result to the nearest 0.1 miles per
gallon.
(f)(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:
(i) 0.866 multiplied by HC (in grams/miles as obtained in paragraph
(d) of this section);
(ii) 0.429 multiplied by CO (in grams/mile as obtained in paragraph
(d) of this section); and
(iii) 0.273 multiplied by CO2 (in grams/mile as obtained in
paragraph (d) of this section).
(2) Round the quotient to the nearest 0.1 mile per gallon.
(g) 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 = (5174 x 10\4\ x CWF x SG)/[((CWF x HC) + (0.429 x CO) +
(0.273 x CO2)) x ((0.6 x SGxNHV) + 5471)]
Where:
CWF=Carbon weight fraction of the fuel as determined in paragraph
(c)(2)(ii) of this section.
SG=Specific gravity of the fuel as determined in paragraph (c)(2)(i) of
this section.
CWFexHC=Carbon weight fraction of exhaust hydrocarbons= CWFg
as determined in (c)(2)(ii) of this section (for M100 fuel,
CWFexHC=0.866).
HC=Grams/mile HC as obtained in paragraph (d) of this section.
CO=Grams/mile CO as obtained in paragraph (d) of this section.
CO2=Grams/mile CO2 as obtained in paragraph (d) 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 (d) of
this section.
Subpart C--[Amended]
16. A new Sec. 600.201-93 is added to subpart C to read as follows:
Sec. 600.201-93 General applicability.
The provisions of this subpart are applicable to 1993 and later
model year gasoline-fueled, diesel-fueled, alcohol-fueled, natural gas-
fueled, alcohol dual fuel, and natural gas dual fuel automobiles.
17. A new Sec. 600.206-93 is added to subpart C to read as follows:
Sec. 600.206-93 Calculation and use of fuel economy values for
gasoline-fueled, diesel-fueled, electric, alcohol-fueled, natural gas-
fueled, alcohol dual fuel, and natural gas dual fuel vehicle
configurations.
(a) Fuel economy values determined for each vehicle, and as
approved in Sec. 600.008 (b) or (f), are used to determine city,
highway, and combined fuel economy values for each vehicle
configuration (as determined by the Administrator) for which data are
available.
(1) If only one set of city and 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.
(2) If more than one city or highway fuel economy value is 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. 600.207(a)(3).
(ii) Within each group of data, all values are harmonically
averaged and rounded to the nearest 0.0001 of a mile per gallon in
order to determine city and highway fuel economy values for each
subconfiguration at which the vehicle configuration was tested.
(iii) All city fuel economy values and all highway fuel economy
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. The resultant values, rounded
to the nearest 0.0001 mile per gallon, are the city and highway fuel
economy values for the vehicle configuration.
(3) The combined fuel economy value for a vehicle configuration is
calculated by harmonically averaging the city and highway fuel economy
values, as determined in Sec. 600.206(a) (1) or (2), 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 to this part.
(4) For alcohol dual fuel automobiles and natural gas dual fuel
automobiles the procedures of paragraphs (a) (1) through (3) of this
section shall be used to calculate two separate sets of city, highway,
and combined fuel economy values for each configuration.
(i) Calculate the city, highway, and combined fuel economy values
from the tests performed using gasoline or diesel test fuel.
(ii) Calculate the city, highway, and combined fuel economy 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 configuration, that value, rounded to the
nearest tenth of a mile per gallon, will compose the petroleum-based
fuel economy for that configuration.
(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.
18. A new Sec. 600.207-93 is added to subpart C to read as follows:
Sec. 600.207-93 Calculation of fuel economy values for a model type.
(a) Fuel economy values for a base level are calculated from
vehicle configuration fuel economy values as determined in
Sec. 600.206(a) 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 from those intended for sale in other
states, he will calculate fuel economy 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 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(c)(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.
(ii) Manufacturers shall update sales projections at the time any
model type value is calculated for a label value.
(iii) The requirements of this paragraph may be satisfied by
providing an amended application for certification, as described in
Sec. 86.084-21 of this chapter.
(4) Vehicle configuration fuel economy values, as determined in
Sec. 600.206(a), are grouped according to base level.
(i) If only one vehicle configuration within a base level has been
tested, the fuel economy value from that vehicle configuration
constitutes the fuel economy 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.
(5) The procedure specified in Sec. 600.207(a) will be repeated for
each base level, thus establishing city, highway, and combined fuel
economy values for each base level.
(6) For the purposes of calculating a base level fuel economy
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 data from tests conducted on
these vehicle configuration(s) at high altitude to calculate the fuel
economy 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 values for each base level.
(i) Calculate the city, highway, and combined fuel economy values
from the tests performed using gasoline or diesel test fuel.
(ii) Calculate the city, highway, and combined fuel economy 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 will be calculated by
using the projected sales and fuel economy values for each base level
within the model type.
(1) If the Administrator determines that automobiles intended for
sale in the State of California are likely to exhibit significant
differences in fuel economy from those intended for sale in other
states, he will calculate fuel economy 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) The 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:
(i) The sales fraction of a base level; by
(ii) The city fuel economy 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 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 for each model type.
(i) Calculate the city, highway, and combined fuel economy values
from the tests performed using gasoline or diesel test fuel.
(ii) Calculate the city, highway, and combined fuel economy values
from the tests performed using alcohol or natural gas test fuel.
19. A new Sec. 600.209-95 is added to subpart C to read as follows:
Sec. 600.209-95 Calculation of fuel economy values for labeling.
(a) For the purposes of calculating the city model type fuel
economy value for labeling the manufacturer shall:
(1)(i) For general labels for gasoline-fueled, diesel-fueled,
alcohol-fueled, and natural gas-fueled automobiles multiply the city
model type fuel economy value determined in Sec. 600.207 (b), by 0.90,
rounding the product to the nearest whole mpg; or
(ii) For general labels for alcohol dual fuel and natural gas dual
fuel automobiles:
(A) Multiply the city model type fuel economy calculated from the
tests performed using gasoline or diesel test fuel as determined in
Sec. 600.207 (b)(5)(i) by 0.90, rounding the product to the nearest
whole mpg; and
(B) Multiply the city model type fuel economy calculated from the
tests performed using alcohol or natural gas test fuel as determined in
Sec. 600.207 (b)(5)(ii) by 0.90, rounding the product to the nearest
whole mpg; or
(2)(i) For specific labels for gasoline-fueled, diesel-fueled,
alcohol-fueled, and natural gas-fueled automobiles, multiply the city
model type fuel economy value determined in Sec. 600.206 (a)(2)(iii),
by 0.90, rounding the product to the nearest whole mpg; or
(ii) For specific labels for alcohol dual fuel and natural gas dual
fuel automobiles:
(A) Multiply the city model type fuel economy calculated from the
tests performed using gasoline or diesel test fuel as determined in
Sec. 600.206 (a)(2)(iii) and (4)(i) by 0.90, rounding the product to
the nearest whole mpg; and
(B) Multiply the city model type fuel economy calculated from the
tests performed using alcohol or natural gas test fuel as determined in
Sec. 600.206 (a)(2)(iii) and (4)(ii) by 0.90, rounding the product to
the nearest whole mpg.
(b) For the purposes of calculating the highway model type fuel
economy value for labeling the manufacturer shall:
(1)(i) For general labels for gasoline-fueled, diesel-fueled,
alcohol-fueled, and natural gas-fueled automobiles, multiply the
highway model type fuel economy value determined in Sec. 600.207 (b),
by 0.78, rounding the product to the nearest whole mpg; or
(ii) For general labels for alcohol dual fuel and natural gas dual
fuel automobiles:
(A) Multiply the highway model type fuel economy calculated from
the tests performed using gasoline or diesel test fuel as determined in
Sec. 600.207 (b)(5)(i) by 0.78, rounding the product to the nearest
whole mpg; and
(B) Multiply the highway model type fuel economy calculated from
the tests performed using alcohol or natural gas test fuel as
determined in Sec. 600.207 (b)(5)(ii) by 0.78, rounding the product to
the nearest whole mpg; or
(2)(i) For specific labels for gasoline-fueled, diesel-fueled,
alcohol-fueled, and natural gas-fueled automobiles, multiply the
highway model type fuel economy value determined in Sec. 600.206
(a)(iii), by 0.78, rounding the product to the nearest whole mpg; or
(ii) For specific labels for alcohol dual fuel and natural gas dual
fuel automobiles:
(A) Multiply the highway model type fuel economy calculated from
the tests performed using gasoline or diesel test fuel as determined in
Sec. 600.206 (a)(2)(iii) and (4)(i) by 0.78, rounding the product to
the nearest whole mpg; and
(B) Multiply the highway model type fuel economy calculated from
the tests performed using alcohol or natural gas test fuel as
determined in Sec. 600.206 (a)(2)(iii) and (4)(ii) by 0.78, rounding
the product to the nearest whole mpg.
(c) If the resulting city value determined in paragraph (a) of this
section exceeds the resulting highway value determined in paragraph (b)
of this section, the city value will be set equal to the highway value.
(d) For the purposes of calculating the combined fuel economy for a
model type, to be used in determining annual fuel costs under
Sec. 600.307, the manufacturer shall (except as provided for in
paragraph (d)(2) of this section):
(1)(i) For gasoline-fueled, diesel-fueled, alcohol-fueled, and
natural gas-fueled automobiles, harmonically average the unrounded city
and highway values, determined in paragraphs (a)(1)(i) and (b)(1)(i),
or (a)(2)(i) and (b)(2)(i) of this section weighted 0.55 and 0.45
respectively, and round to the nearest whole mpg. (An example of this
calculation procedure appears in Appendix II of this part); or
(ii) For alcohol dual fuel and natural gas dual fuel automobiles,
harmonically average the unrounded city and highway values from the
tests performed using gasoline or diesel test fuel as determined in
paragraphs (a)(1)(ii)(A) and (b)(1)(ii)(A), or (a)(2)(ii)(A) and
(b)(2)(ii)(A) of this section.
(2) If the resulting city value determined in paragraph (a) of this
section exceeds the resulting highway value determined in paragraph (b)
of this section, the combined fuel economy will be set equal to the
highway value, rounded to the nearest whole mpg.
Subpart D--[Amended]
20. A new Sec. 600.301-95 is added to subpart D to read as follows:
Sec. 600.301-95 General applicability.
(a) The provisions of this subpart are applicable to 1995 and later
model year gasoline-fueled, diesel-fueled, alcohol-fueled, natural gas-
fueled, alcohol dual fuel, and natural gas dual fuel automobiles.
(b)(1) Manufacturers that produce only electric vehicles are exempt
from the requirement of this subpart, except with regard to the
requirements in those sections pertaining specifically to electric
vehicles.
(2) Manufacturers with worldwide production (excluding electric
vehicle production) of less than 10,000 gasoline-fueled and/or diesel
powered passenger automobiles and light trucks may optionally comply
with the electric vehicle requirements in this subpart.
21. A new Sec. 600.307-95 is added to subpart D to read as follows:
Sec. 600.307-95 Fuel economy label format requirements.
(a)(1) Fuel economy labels must be:
(i) Rectangular in shape with a minimum height of 4.5 inches (114
mm) and a minimum length of 7.0 inches (178 mm) as depicted in Appendix
VIII of this part.
(ii) Printed in a color which contrasts with the paper color.
(iii) The label shall have a contrasting border at least 0.25
inches (6.4 mm) wide.
(2) The top 50 percent of the total fuel economy label area shall
contain only the following information and in the same format depicted
in the label format in Appendix VIII of this part:
(i) The titles ``CITY MPG'' and ``HIGHWAY MPG'', centered over the
applicable fuel economy estimates, in bold caps 10 points in size.
(ii)(A) For gasoline-fueled, diesel-fueled, alcohol-fueled, and
natural gas-fueled automobiles, the city and highway fuel economy
estimates calculated in accordance with Sec. 600.209 (a) and (b).
(B) For alcohol dual fuel automobiles and natural gas dual fuel
automobiles, the city and highway fuel economy estimates for operation
on gasoline or diesel fuel as calculated in Sec. 600.209 (a)(1)(ii)(A)
or (2)(ii)(A) and Sec. 600.209 (b)(1)(ii)(A) or (2)(ii)(A).
(iii) The fuel pump logo.
(iv) The phrase ``Compare this [vehicle/truck] to others in the
FREE FUEL ECONOMY GUIDE available at the dealer,'' shall be ``dropped-
out'' of the top border as depicted in the sample label format in
Appendix VIII of this part. The phase shall be in lower case in a
medium condensed type except for the words ``FREE FUEL ECONOMY GUIDE''
which shall be capitalized in a bold condensed type and no smaller than
12 points in size.
(v)(A) For alcohol-fueled automobiles, the title ``(insert
appropriate fuel (example ``METHANOL ``(M85))'')''. The title shall be
positioned above the fuel pump logo and shall be in upper case in a
bold condensed type and no smaller than 12 points in size.
(B) For natural gas-fueled automobiles, the title ``NATURAL GAS*''.
The title shall be positioned above the fuel pump logo and shall be in
uppercase in a bold condensed type and no smaller than 12 points in
size.
(C) For alcohol dual fuel automobiles and natural gas dual fuel
automobiles, the title ``DUAL FUEL*''. The title shall be positioned
above the fuel pump logo and shall be in upper case in a bold condensed
type and no smaller than 12 points in size.
(vi)(A) For alcohol-fueled automobiles, the title ``(insert
appropriate fuel (example ``M85''))'' centered above the title ``CITY
MPG'' and above the title ``HIGHWAY MPG'' in bold caps 10 points in
size.
(B) For natural gas-fueled automobile, the title ``GASOLINE
EQUIVALENT'' centered above the title ``CITY MPG'' and above the title
``HIGHWAY MPG'' in bold caps 10 points in size.
(C) For alcohol dual fuel automobiles and natural gas dual fuel
automobiles, the title ``GASOLINE'' centered above the title ``CITY
MPG'' and above the title ``HIGHWAY MPG'' in bold caps 10 points in
size.
(3) The bottom 50 percent of the label shall contain the following
information:
(i) The [vehicle/truck] description, as described in paragraph (c)
or (d) of this section, when applicable.
(ii)(A) A statement: ``Actual mileage will vary with options,
driving conditions, driving habits and [vehicle's/truck's] condition.
Results reported to EPA indicate that the majority of [vehicles/trucks]
with these estimates will achieve between ______ and ______ mpg in the
city, and between ______ and ______ mpg on the highway.''
(B) The range values for this statement are to be calculated in
accordance with the following:
(1) The lower range values shall be determined by multiplying the
city and highway estimates by 0.85, then rounding to the next lower
integer value.
(2) The upper range values shall be determined by multiplying the
city and highway estimates by 1.15 and rounding to the next higher
integer value.
(iii)(A) A statement: ``For comparison shopping, all [vehicles/
trucks] classified as [insert category as determined in Sec. 600.315]
have been issued mileage ratings ranging from ______ to ______ mpg city
and ______ to ______ mpg highway.'' (The range values are those
determined in accordance with Sec. 600.311.); or, when applicable,
(B) A statement: ``A range of fuel economy values for other
[vehicles/trucks] classified as [insert category as determined in
Sec. 600.315] is not available at this time.'' or by the statement:
``Not available.''
(iv)(A) The statement: ``Estimated Annual Fuel Cost:'' followed by
the appropriate value calculated in accordance with paragraph (g) or
(h) of this section. The estimated annual fuel cost value for alcohol
dual fuel automobiles and natural gas dual fuel vehicles to appear on
the fuel economy label shall be that calculated based on operating the
vehicle on gasoline or diesel fuel as determined in Sec. 600.307(g) and
(h). At the manufacturers option, the label may also contain the
estimated annual fuel cost value based on operating the vehicle on the
alternative fuel.
(B) At the manufacturers option, it may include the fuel cost and
the annual mileage interval used to determine the annual fuel cost.
(v) For the 1986 model year only, the statement: ``Under EPA's
previous fuel economy program, used prior to the 1985 model year, this
[vehicle/truck] would have received a single estimate of [insert
unadjusted city value rounded to the nearest whole mpg, as determined
in Sec. 600.207(b)] mpg.''
(vi)(A) The Gas Guzzler statement, when applicable (see paragraph
(f) of this section), must be centered on a separate line between the
bottom border and the Estimated Annual Fuel Cost statements. The words
``Gas Guzzler'' shall be highlighted.
(B) The type size shall be at least as large as the largest type
size in the bottom 50 percent of the label.
(vii)(A) For alcohol-fueled, and natural gas-fueled automobiles,
the statement: ``*This vehicle operates on [insert appropriate fuel(s)]
only.'' shall appear above the bottom border. The phrase shall be in
lower case in a medium condensed type except for the fuels listed which
shall be capitalized in a bold condensed type no smaller than 12 points
in size.
(B) For natural gas-fueled automobiles, the statements: ``All fuel
economy values on this label pertain to gasoline equivalent fuel
economy. To convert these values into units of miles per 100 cubic feet
of natural gas, multiply by 0.823.'' At the manufacturers option, the
statement ``To convert these values into units of miles per 100 cubic
feet of natural gas, multiply by 0.823.'' may be replaced by the
statement ``The fuel economy in units of miles per (insert units used
in retail) is estimated to be (insert city fuel economy value) in the
city, and (insert highway fuel economy value) on the highway.
(C) For alcohol dual fuel automobiles and natural gas dual fuel
automobiles, the statement: ``This vehicle operates on [insert gasoline
or diesel as appropriate] and [insert other fuel(s) as appropriate].''
shall appear above the bottom border. The phrase shall be in lower case
in a medium condensed type except for the words ``gasoline'' or
``diesel'' (as appropriate) and the other fuels listed, which shall be
capitalized in a bold condensed type no smaller than 12 points in size.
(viii) For alcohol dual fuel automobiles and natural gas dual fuel
automobiles, the statement: ``All fuel economy values on this label
pertain to [insert gasoline or diesel as appropriate] fuel usage.
[insert other fuel(s) as appropriate] fuel(s) usage will yield
different values. See the FREE FUEL ECONOMY GUIDE for information on
[insert other fuel(s)] .'' At the manufacturers option, the above
statements may be replaced by the statement ``The fuel economy while
using [insert appropriate fuel (example ``M85)] is estimated to be
[insert city fuel economy value and appropriate units] in the city and
[insert highway fuel economy value and appropriate units] on the
highway. See the FREE FUEL ECONOMY GUIDE for other information on
[insert appropriate fuel].
(4) The maximum type size for the statements located in the lower
50 percent of the label shall not exceed 10 points in size, except as
provided for in paragraphs (a)(3)(vii)(A) and (B) of this section.
(b)(1) The city mpg number shall be displayed on the left and the
highway mpg number displayed on the right.
(2)(i) Except for the digit ``one,'' each mpg digit shall measure
at least 0.35 inches by 0.6 inches (9x15mm) in width and height
respectively.
(ii) The digit ``one,'' shall measure at least 0.2 inches by 0.6
inches (5x15mm) in width and height respectively.
(3) The strike width of each mpg digit shall be at least 0.075
inches (1.9mm).
(4)(i) MPG digits not printed as a single character shall be made
of a matrix of smaller characters. This matrix shall be at least four
characters wide by five characters high (with the exception of three
characters wide for the numerical character denoting ``one''.)
(ii) The small characters shall be made of successive overstrikes
to form a reasonably dark and continuous line that approximates a
single large character.
(5)(i) If manufacturer chooses to enlarge the label from that
depicted in Appendix VIII of this part, the logo and the fuel economy
label values, including the titles ``CITY MPG'' and ``HIGHWAY MPG,''
must be increased in the same proportion.
(ii) The area bounded by the bottom of the fuel pump logo to the
top of the border must continue to represent at least 50 percent of the
available label area.
(c) The vehicle description on general labels will be as follows:
(1) Model year;
(2) Vehicle car line;
(3) Engine displacement, in cubic inches, cubic centimeters, or
liters whichever is consistent with the customary description of that
engine;
(4) Number of engine cylinders or rotors;
(5) Additional engine description, if necessary to distinguish
otherwise identical model types, as approved by the Administrator;
(6) Fuel metering system, including number of carburetor barrels,
if applicable;
(7) Transmission class;
(8) Catalyst usage, if necessary to distinguish otherwise identical
model types; and
(9) California emission control system usage, if applicable and if
the Administrator determines that automobiles intended for sale in the
State of California are likely to exhibit significant differences in
fuel economy from those intended for sale in other states.
(d) The vehicle description on specific labels will be as follows:
(1) The descriptions of paragraph (c) of this section;
(2) Inertia weight class;
(3) Axle ratio; and
(4) Other engine or vehicle parameters, if approved by the
Administrator.
(e) Where the fuel economy label is incorporated with the pricing
information sticker, the applicable vehicle description, as set forth
in paragraph (c) or (d) of this section, does not have to be repeated
if the information is readily found on the Motor Vehicle Information
and Cost Savings Act label.
(f)(1) For fuel economy labels of passenger automobile model types
requiring a tax statement under Sec. 600.513, the phrase ``* * * Gas
Guzzler Tax: $____________ * * *''.
(2) The tax value required by this paragraph shall be based on the
combined fuel economy value for the model type calculated in accordance
with Sec. 600.207 and rounded to the nearest 0.1 mpg. Adjustments in
accordance with Sec. 600.209 will not be used to determine the tax
liability.
(g) General labels. The annual fuel cost estimate for operating an
automobile included in a model type shall be computed by using values
for the fuel cost per volume (gallon for liquid fuels, cubic foot for
gaseous fuels) and average annual mileage, predetermined by the
Administrator, and the fuel economy determined in Sec. 600.209(d).
(1) The annual fuel cost estimate for a model type is computed by
multiplying:
(i) Fuel cost per gallon (natural gas must be expressed in units of
cost per equivalent gallon, where 100 SCF = 0.823 equivalent gallons)
expressed in dollars to the nearest 0.05 dollar; by
(ii) Average annual mileage, expressed in miles per year to the
nearest 1,000 miles per year; by
(iii) The average, rounded to the nearest 0.0001 gallons per mile
(natural gas must be expressed in units of gallons equivalent per mile
where 100 SCF=0.823 equivalent gallons) of the fuel economy value
determined in Sec. 600.209(d) for a model type.
(2) The product computed in paragraph (g)(1) of this section and
rounded to the nearest dollar per year will comprise the annual fuel
cost estimate that appears on general labels for the model type.
(h) Specific labels. The annual fuel cost estimate for operating an
automobile included in a vehicle configuration will be computed by
using the values for the fuel cost per volume (gallon for liquid fuels,
cubic feet for gaseous fuels) and average mileage and the fuel economy
determined in paragraph (h)(1)(iii) of this section.
(1) The annual fuel cost estimate for vehicle configuration is
computed by multiplying:
(i) Fuel cost per gallon (natural gas must be expressed in units of
cost per equivalent gallon, where 100 SCF=0.823 equivalent gallons)
expressed in dollars to the nearest 0.05 dollar; by
(ii) Average annual mileage, expressed in miles per year to the
nearest 1,000 miles per year; by
(iii) The inverse, rounded to the nearest 0.0001 gallons per mile
(natural gas must be expressed in units of gallon equivalent per mile,
where 100 SCF=0.823 equivalent gallons) of the fuel economy value
determined in Sec. 600.206(a)(2)(iii) for a vehicle configuration (city
and highway values will be adjusted by the factors in Sec. 600.209(a)
and (b) and combined according to Sec. 600.209(d) before the
calculation).
(2) The product computed in paragraph (h)(1) of this section and
rounded to the nearest dollar per year will comprise the annual fuel
cost estimate that appears on specific labels for that vehicle
configuration.
Subpart F--[Amended]
22. A new Sec. 600.501-93 is added to subpart F to read as follows:
Sec. 600.501-93 General applicability.
(a) The provisions of this subpart are applicable to 1993 and later
model year gasoline-fueled, diesel-fueled, alcohol-fueled, natural gas-
fueled, alcohol dual fuel and natural gas dual fuel automobiles.
(b)(1) Manufacturers that produce only electric vehicles are exempt
from the requirement of this subpart, except with regard to the
requirements in those sections pertaining specifically to electric
vehicles.
(2) Manufacturers with worldwide production (excluding electric
vehicle production) of less than 10,000 gasoline-fueled and/or diesel
powered passenger automobiles and light trucks may optionally comply
with the electric vehicle requirements in this subpart.
23. A new Sec. 600.510-93 is added to subpart F to read as follows:
Sec. 600.510-93 Calculation of average fuel economy.
(a) 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.
(1) 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).
(2) 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).
(3) 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).
(4) 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).
(b) For the purpose of calculating average fuel economy under
paragraph (c), of this section:
(1) All fuel economy data submitted in accordance with
Sec. 600.006(e) or Sec. 600.502(c) shall be used.
(2) The combined city/highway fuel economy will be calculated for
each model type in accordance with Sec. 600.207 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) The fuel economy value of diesel-powered model types will be
multiplied by the factor 1.0 to correct gallons of diesel fuel to
equivalent gallons of gasoline;
(iv) The fuel economy value will be rounded to the nearest 0.1 mpg;
and
(v) At the manufacturer's option, those vehicle configurations that
are selfcompensating 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 paragraph Sec. 600.207(a)(4)(ii).
(3) The fuel economy value for each vehicle configuration is the
combined fuel economy calculated according to Sec. 600.206 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
(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:
(i) The number of automobiles of that model type produced by the
manufacturer in the model year; by
(ii) 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
(iii) For alcohol-fueled model types, the fuel economy value
calculated for that model type in accordance with (b)(2) of this
section divided by 0.15 and rounded to the nearest 0.1 mpg; or
(iv) For natural gas-fueled model types, the fuel economy value
calculated for that model type in accordance with (b)(2) of this
section divided by 0.15 and rounded to the nearest 0.1 mpg; or
(v) For alcohol dual fuel model types, for model years 1993 through
2004, 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. 600.207(b)(5)(i); and
(B) The combined model type fuel economy value for operation on
alcohol fuel as determined in Sec. 600.207(b)(5)(ii) divided by 0.15
provided the requirements of Sec. 600.510 (g) are met; or
(vi) For natural gas dual fuel model types, for model years 1993
through 2004, 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. 600.207(b)(5)(i); and
(B) The combined model type fuel economy value for operation on
natural gas as determined in Sec. 600.207(b)(5)(ii) divided by 0.15
provided the requirements of paragraph (g) of this section are met.
(d) The Administrator may approve alternative calculation methods
if they are part of an approved credit plan under the provisions of 15
U.S.C. 2003.
(e) For passenger categories identified in paragraphs (a) (1) and
(2) of this section, the average fuel economy calculated in accordance
with paragraph (c) of this section shall be adjusted using the
following equation:
AFEadj = AFE[((0.55 x a x c) + (0.45 x c) + (0.5556 x a) + 0.4487)
/ ((0.55 x a) + 0.45)] + IW
Where:
AFEadj = Adjusted average combined fuel economy, rounded to the
nearest 0.1 mpg.
AFE = Average combined fuel economy as calculated in paragraph (c) of
this section, rounded to the nearest 0.0001 mpg.
a = Sales-weight average (rounded to the nearest 0.0001 mpg) of all
model type highway fuel economy values (rounded to the nearest 0.1 mpg)
divided by the sales-weighted average (rounded to the nearest 0.0001
mpg) of all model type city fuel economy values (rounded to the nearest
0.1 mpg). The quotient shall be rounded to 4 decimal places. These
average fuel economies shall be determined using the methodology of
paragraph (c) of this section.
c = 0.0022 for the 1986 model year.
c = A constant value, fixed by model year. For 1987, the Administrator
will specify the c value after the necessary laboratory humidity and
test fuel data become available. For 1988 and later model years, the
Administrator will specify the c value after the necessary laboratory
humidity and test fuel data become available.
IW = (9.2917 x 10-3 x SF3IWC x FE3IWC) - (3.5123 x
10-3 x SF4ETW x FE4IWC)
Note: Any calculated value of IW less than zero shall be set
equal to zero.
SF3IWC = The 3000 lb. inertia weight class sales divided by total
sales. The quotient shall be rounded to 4 decimal places.
SF4ETW = The 4000 lb. equivalent test weight category sales
divided by total sales. The quotient shall be rounded to 4 decimal
places.
FE4IWC = The sales-weighted average combined fuel economy of all
3000 lb. inertia weight class base levels in the compliance category.
Round the result to the nearest 0.0001 mpg.
FE4IWC = The sales-weighted average combined fuel economy of all
4000 lb. inertia weight class base levels in the compliance category.
Round the result to the nearest 0.0001 mpg.
(f) The Administrator shall calculate and apply additional average
fuel economy adjustments if, after notice and opportunity for comment,
the Administrator determines that, as a result of test procedure
changes not previously considered, such correction is necessary to
yield fuel economy test results that are comparable to those obtained
under the 1975 test procedures. In making such determinations, the
Administrator must find that:
(1) A directional change in measured fuel economy of an average
vehicle can be predicted from a revision to the test procedures;
(2) The magnitude of the change in measured fuel economy for any
vehicle or fleet of vehicles caused by a revision to the test
procedures is quantifiable from theoretical calculations or best
available test data;
(3) The impact of a change on average fuel economy is not due to
eliminating the ability of manufacturers to take advantage of
flexibility within the existing test procedures to gain measured
improvements in fuel economy which are not the result of actual
improvements in the fuel economy of production vehicles;
(4) The impact of a change on average fuel economy is not solely
due to a greater ability of manufacturers to reflect in average fuel
economy those design changes expected to have comparable effects on in-
use fuel economy;
(5) The test procedure change is required by EPA or is a change
initiated by EPA in its laboratory and is not a change implemented
solely by a manufacturer in its own laboratory.
(g)(1) Alcohol dual fuel automobiles and natural gas dual fuel
automobiles must provide equal or greater energy efficiency while
operating on alcohol or natural gas as while operating on gasoline or
diesel fuel to obtain the CAFE credit determined in paragraphs
(c)(2)(v) and (vi) of this section. The following equation must hold
true:
Ealt/Epet > or = 1
Where:
Ealt = [FEalt/(NHValtxDalt)]x106 = energy
efficiency while operating on alternative fuel rounded to the nearest
0.01 miles/million BTU.
Epet = [FEpet/(NHVpetxDpet)]x106 = energy
efficiency while operating on gasoline or diesel (petroleum) fuel
rounded to the nearest 0.01 miles/million BTU.
FEalt is the fuel economy [miles/gallon for liquid fuels or miles/
100 standard cubic feet for gaseous fuels] while operated on the
alternative fuel as determined in Sec. 600.113;
FEpet is the fuel economy [miles/gallon] while operated on
petroleum fuel (gasoline or diesel) as determined in Sec. 600.113;
NHValt is the net (lower) heating value [BTU/lb] of the
alternative fuel;
NHVpet is the net (lower) heating value [BTU/lb] of the petroleum
fuel;
Dalt is the density [lb/gallon for liquid fuels or lb/100 standard
cubic feet for gaseous fuels] of the alternative fuel;
Dpet is the density [lb/gallon] of the petroleum fuel.
(i) The equation must hold true for both the city and highway fuel
economy values for each test of each test vehicle.
(ii)(A) The net heating value for alcohol fuels shall be determined
per ASTM D 240 (Incorporated by reference as specified in Sec. 600.011-
93).
(B) The density for alcohol fuels shall be determined per ASTM D
1298 (Incorporated by reference as specified in Sec. 600.011-93).
(iii) The net heating value and density of gasoline are to be
determined by the manufacturer in accordance with Sec. 600.113(c).
(2) For model years 1993 through 1995, alcohol dual fuel
automobiles designed to operate on mixtures of alcohol and gasoline
must, in addition to paragraph (g)(1) of this section, to obtain the
CAFE credit determined in paragraphs (c)(2)(v) and (vi) of this
section, provide equal or superior energy efficiency while operating on
a mixture of 50% alcohol, 50% gasoline by volume, as while operating on
gasoline fuel. The following equation must hold true:
E50/Eg>or=1
Where:
E50=[FE50/(NHV50 x D50)] x 106=energy
efficiency while operating on 50% alcohol, 50% gasoline rounded to the
nearest 0.01 miles/million BTU.
Eg=[FEg/(NHVg x Dg)]x106=energy efficiency
while operating on gasoline fuel rounded to the nearest 0.01 miles/
million BTU.
FE50 is the fuel economy [miles/gallon] while operated on 50%
alcohol, 50% gasoline as determined in Sec. 600.113;
FEg is the fuel economy [miles/gallon] while operated on gasoline
as determined in Sec. 600.113;
NHV50 is the net (lower) heating value [BTU/lb] of the 50/50
blend;
NHVg is the net (lower) heating value [BTU/lb] of gasoline;
D50 is the density [lb/gallon] of the 50/50 blend;
Dg is the density [lb/gallon] of the gasoline.
(i) To demonstrate that the equation holds true for each engine
family, the manufacturer will:
(A) Test one test vehicle in each engine family on both the city
and highway cycles; or
(B) In lieu of testing, provide a written statement attesting that
equal or superior energy efficiency is attained while using a 50%
alcohol, 50% gasoline mixture compared to using 100% gasoline.
(ii)(A) The net heating value for the 50% alcohol, 50% gasoline
mixture shall be determined by ASTM D 240 (Incorporated by reference as
specified in Sec. 600.011-93).
(B) The density for the 50% alcohol, 50% gasoline mixture shall be
determined per ASTM D 1298 (Incorporated by reference as specified in
Sec. 600.011-93).
(iii) The net heating value and density of gasoline are to be
determined by the manufacturer in accordance with Sec. 600.113(c).
(3) Alcohol dual fuel passenger automobiles and natural gas dual
fuel passenger automobiles manufactured during model years 1993 through
2004 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)(v) and (vi) of this section.
(h) For each of the model years 1993 through 2004, and for each
category of automobile identified in paragraph (a) of this section, the
maximum increase in average fuel economy determined in paragraph (c) of
this section attributable to alcohol dual fuel automobiles and natural
gas dual fuel automobiles shall be 1.2 miles per gallon or as provided
for in paragraph (i) of this section.
(1) The Administrator shall calculate the increase in average fuel
economy to determine if the maximum increase provided in paragraph (h)
of this section has been reached. The Administrator shall calculate the
average fuel economy for each category of automobiles specified in
paragraph (a) of this section by subtracting the average fuel economy
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 from the average fuel economy
values determined in paragraphs (b)(2)(vi), (b)(2)(vii), and (c) of
this section. The difference is limited to the maximum increase
specified in paragraph (h) of this section.
(i) In the event that the Secretary of Transportation lowers the
corporate average fuel economy standard applicable to passenger
automobiles below 27.5 miles per gallon for any model year during 1993
through 2004, the maximum increase of 1.2 mpg per year specified in
paragraph (h) of this section shall be reduced by the amount the
standard was lowered, but not reduced below 0.7 mpg per year.
24. Section 600.513-91 is amended by revising paragraphs (a)
introductory text, (a)(2), and (b)(2)(xii) to read as follows:
Sec. 600.513-91 Gas guzzler tax.
(a) This section applies only to passenger automobiles sold after
December 27, 1991, regardless of the model year of those vehicles. For
alcohol dual fuel and natural gas dual fuel automobiles, the fuel
economy while such automobiles are operated on gasoline will be used
for Gas Guzzler Tax assessments.
(1) * * *
(2) For 1991 and later model year passenger automobiles, the
combined general label model type fuel economy value used for Gas
Guzzler Tax assessments shall be calculated in accordance with the
following equation, rounded to the nearest 0.1 mpg:
FEadj=FE [((0.55 x ag x c) + (0.45 x c) + (0.5556 x ag)
+ 0.4487)/((0.55 x ag) + 0.45)] + IWg
Where:
FEadj=Fuel economy value to be used for determination of gas
guzzler tax assessment rounded to the nearest 0.1 mpg.
FE=Combined model type fuel economy calculated in accordance with
Sec. 600.207, rounded to the nearest 0.0001 mpg.
ag=Model type highway fuel economy, calculated in accordance with
Sec. 600.207, rounded to the nearest 0.0001 mpg divided by the model
type city fuel economy calculated in accordance with Sec. 600.207,
rounded to the nearest 0.0001 mpg. The quotient shall be rounded to 4
decimal places.
c=gas guzzler adjustment factor=1.300 x 10-3 for the 1986 and
later model years.
IWg=(9.2917 x 10-3 x SF3IWCG FE3IWCG)
-(3.5123 x 10-3 x SF4ETWG x FE4IWCG)
Note: Any calculated value of IW less than zero shall be set
equal to zero.
SF3IWCG=The 3000 lb. inertia weight class sales in the model type
divided by the total model type sales; the quotient shall be rounded to
4 decimal places.
SF4ETWG=The 4000 lb. equivalent test weight sales in the model
type divided by the total model type sales, the quotient shall be
rounded to 4 decimal places.
FE3IWCG=The 3000 lb. inertial weight class base level combined
fuel economy used to calculate the model type fuel economy rounded to
the nearest 0.0001 mpg.
FE4IWCG=The 4000 lb. inertial weight class base level combined
fuel economy used to calculate the model type fuel economy f/rounded to
the nearest 0.001 mpg.
(b) * * *
(2) * * *
(xii) Less than 12.5 mpg, the Gas Guzzler Tax statement shall show
a tax of $7,700.
25. Appendix VIII to part 600 is revised to read as follows:
Appendix VIII to Part 600--Fuel Economy Label Formats
BILLING CODE 6560-50-P
TR03AU94.002
TR03AU94.003
TR03AU94.004
TR03AU94.005
[FR Doc. 94-18312 Filed 8-2-94; 8:45 am]
BILLING CODE 6560-50-C