[Federal Register Volume 76, Number 129 (Wednesday, July 6, 2011)]
[Rules and Regulations]
[Pages 39478-39587]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-14291]
[[Page 39477]]
Vol. 76
Wednesday,
No. 129
July 6, 2011
Part II
Environmental Protection Agency
-----------------------------------------------------------------------
40 CFR Parts 85, 86, and 600
Department of Transportation
-----------------------------------------------------------------------
National Highway Traffic Safety Administration
-----------------------------------------------------------------------
49 CFR Part 575
Revisions and Additions to Motor Vehicle Fuel Economy Label; Final Rule
Federal Register / Vol. 76 , No. 129 / Wednesday, July 6, 2011 /
Rules and Regulations
[[Page 39478]]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 85, 86, and 600
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
49 CFR Part 575
[EPA-HQ-OAR-2009-0865; FRL-9315-1; NHTSA-2010-0087]
RIN 2060-AQ09; RIN 2127-AK73
Revisions and Additions to Motor Vehicle Fuel Economy Label
AGENCY: Environmental Protection Agency (EPA) and National Highway
Traffic Safety Administration (NHTSA), DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) and the National
Highway Traffic Safety Administration (NHTSA) are issuing a joint final
rule establishing new requirements for the fuel economy and environment
label that will be posted on the window sticker of all new automobiles
sold in the U.S. The labeling requirements apply for model year 2013
and later vehicles with a voluntary manufacturer option for model year
2012. The labeling requirements apply to passenger cars, light-duty
trucks, and medium duty passenger vehicles such as larger sport-utility
vehicles and vans. The redesigned label provides expanded information
to American consumers about new vehicle fuel economy and fuel
consumption, greenhouse gas and smog-forming emissions, and projected
fuel costs and savings, and also includes a smartphone interactive code
that permits direct access to additional Web resources. Specific label
designs are provided for gasoline, diesel, ethanol flexible fuel,
compressed natural gas, electric, plug-in hybrid electric, and hydrogen
fuel cell vehicles. This rulemaking is in response to provisions in the
Energy Independence and Security Act of 2007 that imposed several new
labeling requirements and new advanced-technology vehicles entering the
market. NHTSA and EPA believe that these changes will help consumers to
make more informed vehicle purchase decisions, particularly as the
future automotive marketplace provides more diverse vehicle
technologies from which consumers may choose. These new label
requirements do not affect the methodologies that EPA uses to generate
consumer fuel economy estimates, or the automaker compliance values for
NHTSA's corporate average fuel economy and EPA's greenhouse gas
emissions standards. This action also finalizes a number of technical
corrections to EPA's light-duty greenhouse gas emission standards
program.
DATES: This final rule is effective on September 6, 2011. The
incorporation by reference of certain publications listed in this
regulation is approved by the Director of the Federal Register as of
September 6, 2011.
ADDRESSES: EPA and NHTSA have established dockets for this action under
Docket ID No. EPA-HQ-OAR-2009-0865 and NHTSA-2010-0087, respectively.
All documents in the docket are listed on the http://www.regulations.gov Web site. Although listed in the index, some
information is not publicly available, e.g., confidential business
information (CBI) or other information whose disclosure is restricted
by statute. Certain other material, such as copyrighted material, is
not placed on the Internet and will be publicly available only in hard
copy form. Publicly available docket materials are available either
electronically through http;//www.regulations.gov or in hard copy at
the following locations: EPA: EPA Docket Center (EPA/DC), EPA West,
Room 334, 1301 Constitution Ave., NW., Washington, DC. The Public
Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The telephone number for the Public
Reading Room is (202) 566-1744. NHTSA: NHTSA: Docket Management
Facility, M-30, U.S. Department of Transportation, West Building,
Ground Floor, Rm. W12-140, 1200 New Jersey Avenue, SE., Washington, DC
20590. The Docket Management Facility is open between 9 a.m. and 5 p.m.
Eastern Time, Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: EPA: Lisa Snapp, Office of
Transportation and Air Quality, Transportation and Climate Division,
Environmental Protection Agency, 2000 Traverwood Drive, Ann Arbor, MI
48105; telephone number: 734-214-4282; fax number: 734-214-4958; e-mail
address: [email protected].
DOT/NHTSA: Rebecca Yoon, Office of Chief Counsel, National Highway
Traffic Safety Administration, 1200 New Jersey Avenue, SE., Washington,
DC 20590. Telephone: (202) 366-2992.
SUPPLEMENTARY INFORMATION:
A. Does this action apply to me?
This action affects companies that manufacture or sell new light-
duty vehicles, light-duty trucks, and medium-duty passenger vehicles,
as defined under EPA's CAA regulations,\1\ and passenger automobiles
(passenger cars) and non-passenger automobiles (light trucks) as
defined under NHTSA's CAFE regulations.\2\ Regulated categories and
entities include:
---------------------------------------------------------------------------
\1\ ``Light-duty vehicle,'' ``light-duty truck,'' and ``medium-
duty passenger vehicle'' are defined in 40 CFR 86.1803-01.
Generally, the term ``light-duty vehicle'' means a passenger car,
the term ``light-duty truck'' means a pick-up truck, sport-utility
vehicle, or minivan of up to 8,500 lbs gross vehicle weight rating,
and ``medium-duty passenger vehicle'' means a sport-utility vehicle
or passenger van from 8,500 to 10,000 lbs gross vehicle weight
rating. Medium-duty passenger vehicles do not include pick-up
trucks.
\2\ ``Passenger car'' and ``light truck'' are defined in 49 CFR
Part 523.
------------------------------------------------------------------------
NAICS codes Examples of potentially
Category \A\ regulated entities
------------------------------------------------------------------------
Industry........................ 336111....... Motor vehicle
manufacturers.
336112.......
Industry........................ 811112....... Commercial importers of
vehicles and vehicle
components.
811198.......
423110.......
Industry........................ 336211....... Stretch limousine
manufacturers and
hearse manufacturers.
Industry........................ 441110....... Automobile dealers.
------------------------------------------------------------------------
\A\ North American Industry Classification System (NAICS).
[[Page 39479]]
This list is not intended to be exhaustive, but rather provides
guidance on entities likely to be regulated by this action. To
determine whether particular activities may be regulated by this
action, you should carefully examine the regulations. You may direct
questions regarding the applicability of this action to the person
listed in FOR FURTHER INFORMATION CONTACT.
Table of Contents
I. Overview of Joint EPA/NHTSA New Vehicle Labels
A. Description of the Proposal
B. Description of the Action
C. Rationale for Revising the Label
D. Market Research
II. Statutory Provisions and Legal Authority
A. Energy Policy and Conservation Act (EPCA)
B. Energy Independence and Security Act (EISA)
III. Public Participation and Comment
A. Energy Metrics
B. Rating Systems
C. Form of the Ratings
D. Fuel Economy and Greenhouse Gas Rating Methodology
E. Upstream GHGs
F. Smog Rating
G. Fuel Costs and Savings
H. Range and Charge Time
I. Web Site and QR Code
J. Color
K. Lead Time
L. Harmonization With Other Labels
M. Electric and Plug-in Hybrid Electric Vehicle Test Procedures
N. Utility Factors
IV. Final Label Designs and Format
A. Label Size and Border
B. Upper Box
C. Lower Box
D. Example Labels
V. Additional Related EPA Actions
A. Comparable Class Categories
B. Miscellaneous Amendments and Corrections
VI. Impacts of Final Rule
A. Costs Associated With This Rule
B. Impact of Requiring One Label To Meet EPCA/EISA
C. Benefits of Label Changes
D. Summary of Costs and Benefits
VII. Statutory Authority and Executive Order Reviews
A. Relationship of EPA's Requirements With Other Statues and
Regulations
B. Statutory and Executive Order Reviews
List of Acronyms and Abbreviations
A/C Air Conditioning
AC Alternating Current
AIDA Automobile Information Disclosure Act
BTU British Thermal Units
CAA Clean Air Act
CAFE Corporate Average Fuel Economy
ARB California Air Resources Board
CBI Confidential Business Information
CD Charge Depleting
CFR Code of Federal Regulations
CH4 Methane
CNG Compressed Natural Gas
CO Carbon Monoxide
CO2 Carbon Dioxide
CREE Carbon-related Exhaust Emissions
CS Charge Sustaining
DOE Department of Energy
DOT Department of Transportation
E85 A mixture of 85% ethanol and 15% gasoline
EISA Energy Independence and Security Act of 2007
EO Executive Order
EPA Environmental Protection Agency
EPCA Energy Policy and Conservation Act
EPL Environmental Performance Label
EREV Extended Range Electric Vehicle
EV Electric Vehicle
FCV Fuel Cell Vehicle
FE Fuel Economy
FFV Flexible Fuel Vehicle
FTC Federal Trade Commission
FTP Federal Test Procedure
GHG Greenhouse Gas
GVWR Gross Vehicle Weight Rating
HCHO Formaldehyde
HEV Hybrid Electric Vehicle
HFC Hydrofluorocarbon
HFET Highway Fuel Economy Test
ICI Independent Commercial Importer
IT Information Technology
ICR Information Collection Request
LEV II Low Emitting Vehicle II
LEV II opt 1 Low Emitting Vehicle II, option 1
MDPV Medium Duty Passenger Vehicle
MPG Miles per Gallon
MPGe Miles per Gallon equivalent
MY Model Year
N2O Nitrous Oxide
NAICS North American Industry Classification System
NCAP New Car Assessment Program
NEC Net Energy Change
NHTSA National Highway Traffic Safety Administration
NMOG Non-methane Organic Gases
NOX Oxides of Nitrogen
NPRM Notice of Proposed Rulemaking
NTTAA National Technology Transfer and Advancement Act of 1995
O&M Operations and Maintenance
OCR Optical Character Recognition
OMB Office of Management and Budget
PEF Petroleum Equivalency Factor
PHEV Plug-in Hybrid Electric Vehicle
PM Particulate Matter
PZEV Partial Zero-Emissions Vehicle
RCDA Actual Charge Depleting Range
RESS Rechargeable Energy Storage System
RFA Regulatory Flexibility Act
SAE Society of Automotive Engineers
SAFETEA-LU Safe, Accountable, Flexible, Efficient Transportation Equity
Act: A Legacy for Users
SBA Small Business Administration
SFTP Supplemental Federal Test Procedure
SOC State-of-Charge
SULEV II Super Ultra Low Emission Vehicles II
SUV Sport Utility Vehicle
UDDS Urban Dynamometer Driving Schedule
UF Utility Factor
ULEV II Ultra Low Emission Vehicles II
UMRA Unfunded Mandates Reform Act
ZEV Zero Emission Vehicle
I. Overview
A. Description of the Proposal
EPA and NHTSA co-proposed two label designs, each meeting statutory
requirements and relying on the same underlying data, but differing in
how the data were presented.\3\ Label 1 utilized a vertical layout that
featured a prominent letter grade to communicate the overall greenhouse
gas emissions (and fuel economy, which is inversely proportional to GHG
emissions for gasoline vehicles), along with projected five-year fuel
cost or savings relative to the average new vehicle; fuel economy and
annual fuel cost information was retained but displayed much less
prominently. Label 2 was more similar to the traditional design and
layout of the label and retained the current label's focus on fuel
economy values and annual fuel cost projections, with the addition of
environmental information in a less prominent position. The agencies
also sought comment on an alternative Label 3 that retained the more
traditional layout of Label 2 but used different graphical approaches.
---------------------------------------------------------------------------
\3\ 75 FR 58078, September 23, 2010.
---------------------------------------------------------------------------
B. Description of the Action
This final rule requires that a revised fuel economy and
environmental label be affixed to all new automobiles sold in the U.S.
starting with the 2013 model year and optionally for the remaining
portion of the 2012 model year. The agencies heard a wide range of
viewpoints and considered a wealth of input from market research, an
expert panel, hearings, and public comments in deciding on the final
label design and content. We also consulted with ARB with the intention
of harmonizing labels that address vehicle environmental performance.
The agencies have chosen to require a label that combines the cost-
saving element of Label 1 and the GHG rating of Label 3 with key
elements of the co-proposed Label 2, using a single additional color
besides black and white.
[[Page 39480]]
Labels are being required for seven different vehicle technologies:
Gasoline, diesel, ethanol flexible fuel vehicles (FFV), compressed
natural gas vehicles (CNG), battery electric vehicles (EV), fuel cell
vehicles (FCV), and plug-in hybrid electric vehicles (PHEV). The final
fuel economy and environment labels retain many of the attributes of
the existing fuel economy label; specifically: Estimated annual fuel
cost; city, highway, and combined MPG; and fuel economy relative to
other vehicles in the same class will remain on the label, although
their relative prominence is revised to create space for new features.
Vehicles run on liquid fuels will display MPG, while vehicles run on
other fuel types will display gasoline-energy equivalent MPG (or MPGe).
Test procedures and methodologies for determining label values remain
unchanged from proposal. This rulemaking action also requires fuel
economy and emissions certification test procedure and calculation
methodologies for electric and plug-in hybrid electric vehicles,
essentially codifying the procedures that have been in use under EPA's
general authority to develop procedures for technologies not
specifically discussed in the regulations.
New label features include a vehicle fuel type identifier in the
upper right corner, fuel consumption (the inverse of fuel economy), a
fuel economy and greenhouse gas rating relative to all new vehicles,
the vehicle's carbon dioxide emissions in grams per mile, the projected
five-year fuel costs or savings of this vehicle compared to the average
new vehicle, and an environmental rating for smog-forming pollutants.
The vehicle's projected range when fully fueled will be required on
dedicated alternative fuel vehicles such as compressed natural gas
vehicles and battery electric vehicles, and also plug-in hybrid
electric vehicles, and can be included at the manufacturer's discretion
on flexible fuel vehicles, such as those that are E85-capable. This
optional inclusion could potentially eliminate the need for
manufacturers to apply a separate FTC-required Alternative Fuel Label,
pending a formal decision by FTC. For vehicles that use an external
electricity source, charge time at 220-240 V (or optionally at 120 V)
will also be shown. Several features of the design of the label differ
from the current labels, such as the removal of the large image of a
fuel pump, the blocking of the label into various defined areas, and
the name on the label, as well as other design changes.
Plug-in hybrid electric vehicle labels will reflect energy use
during operation when the battery is fully charged (in this mode, some
PHEVs operate on electricity only and others operate on both
electricity and gasoline) and when the battery is not providing any
assistance (the PHEV operates exclusively on gasoline or other non-
electricity fuel). As with labels for other technologies, PHEV labels
will feature a prominent MPG or MPGe metric, as well as fuel
consumption values based on units of purchased fuel; for PHEV labels,
these values will be presented for each operating mode. Several values
on the label--fuel costs and savings, MPGe relative to other vehicles,
carbon dioxide emissions in grams per mile, and the ratings--will be
based on assumptions of the relative use of the two fuels, using a
standard utility factor approach. For further information on utility
factors, please see section III.N. PHEVs which do not operate in
blended mode (i.e., using both electricity and gasoline) will show
range on electricity only (all electric range), PHEVs which do operate
in blended mode will show the range for that mode, and all PHEVs will
show total vehicle range for all fuels. Finally, charge time will be
displayed as on electric vehicles.
The final label for gasoline-fueled vehicles is illustrated in
Figure I-1. Discussion of the placement of specific label elements,
along with illustrations of the labels for other vehicle technologies
and fuel types, can be found in Section IV, along with information on
where to find and view full color versions of the labels.
[GRAPHIC] [TIFF OMITTED] TR06JY11.000
[[Page 39481]]
C. Rationale for Revising the Label
This joint final rule by EPA and NHTSA represents the most
significant overhaul of the Federal government's fuel economy label or
``sticker'' since its inception over 30 years ago.
The current fuel economy label required by EPA on all new passenger
cars, light-duty trucks, and medium-duty passenger vehicles focuses on
city and highway fuel economy values in units of MPG, a comparison of
the vehicle's combined city/highway fuel economy to a range of
comparable vehicles, and estimated annual fuel cost. This final rule
expands the current fuel economy label to a more comprehensive fuel
economy and environment label that includes additional information
related to vehicle fuel consumption, GHG and smog-forming emissions,
and fuel costs or savings over a 5-year period relative to the average
vehicle, a smartphone interactive code that links to a Web site for
more detailed information and options for direct vehicle comparisons,
and additional information for advanced technology vehicles such as
driving range and battery charge time. Label designs for gasoline,
diesel, ethanol flexible fuel, compressed natural gas, electric, plug-
in hybrid electric, and hydrogen fuel cell vehicles are shown and
discussed in section IV.
NHTSA and EPA are undertaking this joint final rule for several
reasons.
First, both agencies have statutory responsibilities with respect
to vehicle labels. This final rule satisfies each agency's statutory
responsibilities in a manner that maximizes usefulness for the
consumer, while avoiding unnecessary burden on the manufacturers who
prepare the vehicle labels. The Energy Policy and Conservation Act
(EPCA) of 1975 \4\ mandated that auto manufacturers label all new
automobiles pursuant to EPA requirements,\5\ which EPA adopted
beginning in model year 1977. As amended, EPCA requires that labels
shall contain the following information:
---------------------------------------------------------------------------
\4\ Pub. L. 94-163.
\5\ 49 U.S.C. 32908(b).
---------------------------------------------------------------------------
(1) The fuel economy of the automobile;
(2) the estimated annual fuel cost of operating the automobile;
(3) the range of fuel economy of comparable vehicles of all
manufacturers;
(4) a statement that a booklet is available from the dealer to
assist in making a comparison of fuel economy of other automobiles
manufactured by all manufacturers in that model year;
(5) the amount of the automobile fuel efficiency tax (``gas guzzler
tax'') imposed on the sale of the automobile under section 4064 of the
Internal Revenue Code of 1986 (26 U.S.C. 4064); and
(6) other information required or authorized by the EPA
Administrator that is related to the information required by (1)
through (4) above.\6\
---------------------------------------------------------------------------
\6\ 49 U.S.C. 32908(b).
---------------------------------------------------------------------------
In the Energy Independence and Security Act (EISA) of 2007,\7\
Congress required that NHTSA, in consultation with EPA and the
Department of Energy (DOE), establish regulations to implement several
new labeling requirements for new automobiles.\8\ NHTSA was required to
develop a label program for new automobiles with information reflecting
an automobile's performance with respect to fuel economy and greenhouse
gas and other emissions over the useful life of the automobile based on
criteria provided by EPA.\9\ NHTSA was also tasked with developing a
rating system, based on EPA criteria, that would help consumers easily
compare the fuel economy and greenhouse gas and other emissions of
automobiles at the point of purchase, including designations of
automobiles with the lowest GHG emissions over the useful life of the
vehicles and the highest fuel economy.\10\
---------------------------------------------------------------------------
\7\ Pub. L. 110-140.
\8\ EISA Sec. 108, codified at 49 U.S.C. 32908(g).
\9\ 49 U.S.C. 32908(g)(1)(a)(i).
\10\ 49 U.S.C. 32908(g)(1)(a)(ii).
---------------------------------------------------------------------------
Second, NHTSA and EPA believe that a single, coordinated fuel
economy and environment label is the most appropriate way to meet the
statutory requirements described above. The agencies believe that a
single, joint label is preferable to a separate label addressing the
new EISA requirements that could contain duplicative and overlapping
information with the current fuel economy label, causing consumer
confusion and imposing unnecessary burden on the manufacturers.\11\ In
addition, the agencies have consulted with other agencies (Federal and
State) that currently require labels relating to vehicle fuel use or
environmental performance, and have designed the new EPA/NHTSA fuel
economy and environment label to maximize the potential that it might
also satisfy some of the vehicle labeling requirements of the
California Air Resources Board and the Federal Trade Commission, which
could further reduce consumer confusion and manufacturer burden
resulting from the presence of multiple labels on new automobiles. By
including information on GHG emissions and fuel economy, this rule
continues EPA's and NHTSA's recent efforts at harmonizing our
regulatory requirements, such as the joint rulemaking that established
harmonized Federal GHG emissions and corporate average fuel economy
(CAFE) standards for new cars, light-duty trucks, and medium-duty
passenger vehicles for model years 2012-2016.\12\ This effort at
harmonization is consistent with the requirements of Executive Order
13563, section 3, which specifically draws attention to the risk of
``redundant, inconsistent, or overlapping requirements,'' and which
directs agencies to reduce costs by ``simplifying and harmonizing
rules.''
---------------------------------------------------------------------------
\11\ The agencies also raised the issue of the upcoming labeling
requirements in the joint rulemaking for MYs 2012-2016 CAFE and GHG
standards for light-duty vehicles, 75 FR 25324 (May 7, 2010).
\12\ 75 FR 25324, May 7, 2010.
---------------------------------------------------------------------------
Third, the agencies believe this is an opportune time to revise the
label given the likelihood of a much more diverse vehicle technology
marketplace in the near future that will require different label
content to inform consumers of the capabilities of these new
technologies. Since the fuel economy label was first established by EPA
in 1977, over 99 percent of all new cars and light-duty trucks have
been conventional, internal-combustion engine vehicles that run on
petroleum-based fuels (or a liquid fuel blend dominated by petroleum).
When manufacturers occasionally marketed a non-conventional technology,
such as a compressed natural gas (CNG) vehicle, EPA generally addressed
labels for new technology vehicles on a case-by-case basis.
Over the next several model years, however, the agencies expect to
see increasing numbers of advanced technology vehicles entering the
marketplace. By 2012, it is expected that there will be at least one
original equipment manufacturer offering of a CNG vehicle, an electric
vehicle (EV) and a plug-in hybrid electric vehicle (PHEV) with
nationwide availability.\13\
[[Page 39482]]
In the next few years, it is highly likely that there will be many more
advanced technology vehicles offered for general sale, possibly
including fuel cell vehicles (FCV) as well. The agencies believe that
it is better to have a single unified approach for these advanced
technology vehicle labels,\14\ rather than addressing them on a case-
by-case basis. This final rule specifically provides example labels for
gasoline vehicles, diesel vehicles, ethanol flexible fuel vehicles, CNG
vehicles, EVs, PHEVs,\15\ and hydrogen FCVs. Communicating the energy
and environmental performance of some of these advanced technologies
can be challenging. For example, PHEVs use two fuels, with blended PHEV
designs using the two fuels simultaneously. The two fuels--gasoline and
electricity--are very different in many respects, and consumer behavior
can have a large impact on PHEV energy and environmental performance
(e.g., the relative use of electricity and gasoline can vary greatly
depending on the miles driven between battery charges as well as the
frequency of battery charging). These technical complexities could lead
to significant consumer confusion when multiple advanced technology
vehicles begin to compete in the marketplace. We have tried to design
the new labels to reduce the confusion and allow consumers to make more
informed vehicle purchase decisions. The agencies expect to refine
advanced technology vehicle labels over time as we have done with
conventional vehicle labels. We also acknowledge the potential for
other advanced technology vehicles to enter the marketplace in the
future and, as we have historically done, will adapt the labels as
needed to accommodate emerging technologies.
---------------------------------------------------------------------------
\13\ Honda has sold a dedicated CNG Civic in selected states for
several years, and has announced plans to expand sales to the rest
of the U.S. later this year--see ``2012 Honda Civic Concepts,''
Michael Harley, January 11, 2011, last accessed on March 15, 2011 at
http://www.vehix.com/articles/auto-previews--trends/2012-honda-
civic-concepts; Nissan began limited deliveries of its LEAF EV in
December 2010 and plans to expand availability to the rest of the
country in 2012--see ``Nissan Delivers Hawaii's First 100% Electric
Nissan LEAF,'' January 31, 2011, last accessed on March 15, 2011 at
http://www.nissanusa.com/leaf-electric-car/index?intcmp=home_ev_micro.Promo.Homepage.Home.P1#/leaf-electric-car/news/press-releases;
the luxury Tesla Roadster EV is also on the U.S. market--see http://www.teslamotors.com/roadster, last accessed on March 15, 2011;
Chevrolet introduced the Volt PHEV in December 2010 and plans to
expand to nationwide availability later this year--see ``Curious
About Chevy Volt Availability?'', Andrew Bornhop, February 2, 2011,
last accessed on March 15, 2011 at http://blog.roadandtrack.com/curious-about-chevy-volt-availability/.
\14\ The agencies do not claim that every advanced technology
vehicle label is or will be exactly the same, that is not always
possible due to unique vehicle designs and/or fuel properties,
rather that the overall approach to advanced technology labels is
consistent.
\15\ Plug-in hybrid electric vehicles entail a family of
different engineering approaches, and will continue to evolve based
on technology maturation and consumer preferences. In Section IV,
two basic PHEV label designs are provided that reflect current PHEV
energy management strategies and the resultant operating modes. In
the future, labels will be tailored to accommodate the operating
modes specific to new PHEV designs as they are introduced into the
market.
---------------------------------------------------------------------------
Finally, the agencies believe these new labeling requirements will
improve the presentation of relevant information to consumers and thus
promote more informed choices, and that the new requirements fit well
with current consumer interests and potential changes in coming years.
Based on projections from the U.S. Energy Information Administration
that future inflation-adjusted gasoline prices will increase over
coming decades due to global economic growth and oil demand, we expect
that it is likely that consumer interest in fuel economy will continue
to grow over time.\16\ Manufacturers are providing more high fuel
economy vehicle offerings, and one manufacturer is now including fuel
economy information in its monthly sales reports.\17\ In addition,
providing information on environmental performance can help people who
value this kind of information to make a more informed choice among
different vehicles.
---------------------------------------------------------------------------
\16\ Annual Energy Outlook 2010, Department of Energy, Energy
Information Administration, DOE/EIA-0383 (2010), May 11, 2010,
available at http://www.eia.doe.gov/oiaf/aeo/index.html.
\17\ ``A Magic Mark: As Fuel Prices Rise, Shoppers Can Get High
MPG Without Sticker Shock,'' Rich Kranz, Automotive News, March 28,
2011, which projects that by Fall 2011 there could be ten
conventional gasoline, i.e., non-hybrid, models with EPA highway
ratings of 40 mpg or more; the automaker Hyundai recently began
monthly reporting of vehicle sales with 40 mpg EPA highway fuel
economy ratings as well as sales-weighted corporate average fuel
economy data (see ``Hyundai Motor America Begins Voluntary Monthly
Fuel Economy Reporting,'' February 3, 2011, last accessed on March
15, 2011 at http://www.hyundaiusa.com/about-hyundai/news/Corporate_Fuel_economy_Reporting_release-20110203.aspx).
---------------------------------------------------------------------------
The new labels also have the potential to help consumers learn
about fuel economy and vehicle emissions, and informed consumers may
decide to place more weight on fuel economy and vehicle emissions for
economic or environmental reasons. In this domain, consumers' tastes
and values change over time. Of course, individual consumers will
always determine the relative priority of fuel economy and
environmental considerations vis-a-vis the many factors that go into a
new vehicle purchase decision.
D. Market Research
As discussed above, the fuel economy and environment label must
contain certain pieces of information by statute and may also contain
other pieces of related information EPA considers helpful to consumers.
Given that all of the label information should be presented so as to
maximize usefulness and minimize confusion for the consumer, EPA and
NHTSA embarked upon a consumer research program.
When EPA last redesigned the fuel economy label in 2006, consumer
research was valuable in helping to inform the development of that
label.\18\ Since this final rule addresses important new elements being
added to the existing label as well as new labels for advanced
technology vehicles, EPA and NHTSA conducted more comprehensive
research than that undertaken in 2006 to help inform the final label
content and design. Our research program included a review of
literature on the vehicle buying process,\19\ three sets of consumer
focus groups and a day-long facilitated consultation with an expert
panel that helped inform the development of the proposed label designs,
and an Internet survey to test the proposed labels with a wider
audience.
---------------------------------------------------------------------------
\18\ The current label was redesigned and implemented for model
year (MY) 2008 vehicles. See 71 FR 77871-77969 (December 27, 2006).
\19\ Environmental Protection Agency Fuel Economy Label:
Literature Review, EPA420-R-10-906, August 2010.
---------------------------------------------------------------------------
Focus groups were held beginning in late February through May 2010
in four cities: Charlotte, Houston, Chicago, and Seattle. Overall, 32
focus groups were convened with a total of 256 participants. The focus
groups were valuable in helping us to identify individual metrics that
consumers wanted to see on labels as well as effective label designs.
Overall, focus groups indicated that redesigned labels should:
Create an immediate first impression for consumers
Be easy to read and understand quickly
Clearly identify vehicle technology (e.g., gasoline, electric,
plug-in hybrid)
Utilize color
Chunk information to allow people to deal with ``more
information''
Be consistent in content and design across technologies
Allow for comparison across technologies
Make it easy to identify the most fuel efficient and
environmentally friendly vehicles \20\
---------------------------------------------------------------------------
\20\ Environmental Protection Agency Fuel Economy Label: Phase 1
Focus Groups, EPA420-R-10-903, August 2010; Environmental Protection
Agency Fuel Economy Label: Phase 2 Focus Groups, EPA420-R-10-904,
August 2010; and Environmental Protection Agency Fuel Economy Label:
Phase 3 Focus Groups, EPA420-R-10-905, August 2010.
Following the focus group research, we convened an expert panel for
a one-day consultation on June 9, 2010, in Washington, DC. The expert
panel provided individual feedback on the draft label designs we
developed based on key findings from the focus groups.
[[Page 39483]]
We also asked the panel to assist us in identifying additional
opportunities and strategies to provide information to consumers to
help them assess the costs, emissions, and energy efficiency of
different vehicles. The experts came from a variety of fields such as
advertising and product development and were chosen because they had
led successful national efforts to introduce new products or had
spearheaded successful national educational campaigns.\21\ After
viewing the draft labels, the various members of the expert panel
offered the agencies the following insights and guidance that were key
in developing one of the co-proposed label designs (Label 1) and also
---------------------------------------------------------------------------
informed the label content and design being required today, including:
\21\ More information on the expert panel, including a list of
participants is available in the docket: Environmental Protection
Agency Fuel Economy Label: Expert Panel Report, EPA420-R-10-908,
August 2010.
---------------------------------------------------------------------------
Keep it simple
Consumers are likely to view the labels for a very short
time--roll ratings and metrics up into a single score
Use cost savings information--a very strong consumer
motivator
Develop a Web site that would be launched in conjunction
with the new label. This consumer-focused Web site could provide more
detailed information, along with access to tools, applications, and
social media.\22\
---------------------------------------------------------------------------
\22\ Environmental Protection Agency Fuel Economy Label: Expert
Panel Report, EPA420-R-10-908, August 2010.
---------------------------------------------------------------------------
We also undertook an Internet survey that was administered at the
time of the release of the proposed rule in September, 2010, to
determine whether any of the label designs had flaws that could
undermine their ability to convey the desired information to the U.S.
new car buying population. For the co-proposed labels and the
alternative label, we designed the survey to test the understandability
of the labels as well as whether the label designs affected consumers'
abilities to select efficient and environmentally-friendly vehicles,
given their typical travel pattern. The survey had nearly 3200
respondents of self-identified U.S. new vehicle purchasers, each of
whom saw only one of the three label designs. Respondents were asked
questions that sought to reveal understanding of the information on the
label, as well as questions that sought to reveal variations in vehicle
selection based on label design.
Overall, the results showed that the differences between the three
label designs with respect to understandability were small in
magnitude, with label 2 appearing to be a little more understandable
than label 1.\23\ Likewise, the variations with regard to vehicle
selection were relatively small. Although in all cases the majority of
people selected the vehicle with lower projected fuel costs and higher
savings, label 1 somewhat enhanced this effect over label 2.\24\
Because the survey did not uncover any ``fatal flaw'' with any of the
three labels that would exclude it or any of its key elements from
serious consideration in the final rule, the agencies continued to
consider all elements of the three labels in developing the final rule.
A report on that survey and its results is available in the public
docket and on the Web site for this rule.\25\
---------------------------------------------------------------------------
\23\ PRR, ``Internet Survey Results on the Effects of Fuel
Economy Labels on Understanding and Selection'' November 2010, p. 1-
8.
\24\ Ibid, p. 9-12.
\25\ PRR, ``Internet Survey Results on the Effects of Fuel
Economy Labels on Understanding and Selection'' November 2010. The
agencies are acutely aware of the central importance of the best
available research to inform judgments about disclosure requirements
and will continue to consider such research in the future
(including, where feasible and appropriate, randomized controlled
trials).
---------------------------------------------------------------------------
II. Statutory Provisions and Legal Authority
A. Energy Policy and Conservation Act (EPCA)
Under EPCA, EPA is responsible for developing the fuel economy
labels that are posted on all new light duty cars and trucks sold in
the U.S and, beginning in MY 2011, all new medium-duty passenger
vehicles as well. Medium-duty passenger vehicles are a subset of
vehicles between 8,500 and 10,000 pounds gross vehicle weight that
includes large sport utility vehicles and vans, but not pickup
trucks.\26\ EPCA requires the manufacturers of automobiles to attach
the fuel economy label in a prominent place on each automobile
manufactured in a model year and also requires auto dealerships to
maintain the label on the automobile.\27\
---------------------------------------------------------------------------
\26\ EPA's 2006 labeling rule applied to passenger cars, light-
trucks, and medium-duty passenger vehicles. Under section 32908(b),
a manufacturer is to label each ``automobile,'' and EPA interpreted
that provision as requiring labeling for vehicles that meet the
definition of ``automobile'' under section 32901(a)(3), as well as
vehicles under 8,500 pounds gross vehicle weight, whether or not
they meet the definition of automobile, pursuant to section
32908(a)(1). See 71 FR 77872, 77876-87, 77915 (December 27, 2006).
Since the 2006 rule, EISA revised the definition of automobile in
section 32901(a)(3). As with the interpretation discussed in the
2006 rule, the requirements of section 32908(b) continue to apply to
passenger cars, light-duty trucks, and medium-duty passenger
vehicles.
\27\ 49 U.S.C. 32908(b)(1).
---------------------------------------------------------------------------
EPCA specifies the information that is minimally required on every
fuel economy label.\28\ As stated above, labels must include:
---------------------------------------------------------------------------
\28\ 49 U.S.C. 32908(b)(2)(A) through (F).
---------------------------------------------------------------------------
The fuel economy of the automobile,
The estimated annual fuel cost of operating the
automobile.
The range of fuel economy of comparable automobiles of all
manufacturers,
A statement that a booklet is available from the dealer to
assist in making a comparison of fuel economy of other automobiles
manufactured by all manufacturers in that model year,
The amount of the automobile fuel efficiency tax imposed
on the sale of the automobile under section 4064 of the Internal
Revenue Code of 1986; \29\ and
---------------------------------------------------------------------------
\29\ 26 U.S.C. 4064.
---------------------------------------------------------------------------
Other information required or authorized by the
Administrator that is related to the information required [within the
first four items].
Under the provision for ``other information'' EPA has previously
required the statements ``your actual mileage will vary depending on
how you drive and maintain your vehicle,'' and cost estimates ``based
on 15,000 miles at $2.80 per gallon'' be placed on vehicle labels. EPA
is adopting all of the labeling requirements discussed below and
specified in EPA's regulations, based on its authority under section
32908(b). In addition, the regulations adopted by EPA satisfy the
requirement to develop criteria for purposes of section 32908(g).
Additional labeling requirements are found in EPCA for
``dedicated'' automobiles and ``dual fueled'' automobiles. A dedicated
automobile is an automobile that operates only on an alternative
fuel.\30\ Dedicated automobile labels must also display the information
noted above.
---------------------------------------------------------------------------
\30\ 49 U.S.C. 32901(a)(1) defines ``alternative fuel'' as
including --(A) methanol; (B) denatured ethanol; (C) other alcohols;
(D) except as provided in subsection (b) of this section, a mixture
containing at least 85 percent of methanol, denatured ethanol, and
other alcohols by volume with gasoline or other fuels; (E) natural
gas; (F) liquefied petroleum gas; (G) hydrogen; (H) coal derived
liquid fuels; (I) fuels (except alcohol) derived from biological
materials; (J) electricity (including electricity from solar
energy); and (K) any other fuel the Secretary of Transportation
prescribes by regulation that is not substantially petroleum and
that would yield substantial energy security and environmental
benefits.''
---------------------------------------------------------------------------
A dual fueled vehicle is a vehicle which is ``capable of operating
on alternative fuel or a mixture of biodiesel and diesel fuel * * *,
and on gasoline or diesel fuel'' for the minimum driving range (defined
by the DOT).\31\ Dual fueled vehicle labels must:
---------------------------------------------------------------------------
\31\ 49 U.S.C. 32901(a)(9), (c).
---------------------------------------------------------------------------
[[Page 39484]]
Indicate the fuel economy of the automobile when operated
on gasoline or diesel fuel.
Clearly identify the automobile as a dual fueled
automobile.
Clearly identify the fuels on which the automobile may be
operated; and
Contain a statement informing the consumer that the
additional information required by subsection (c)(2) [the information
booklet] is published and distributed by the Secretary of Energy.\32\
---------------------------------------------------------------------------
\32\ 49 U.S.C. 32908(b)(3).
---------------------------------------------------------------------------
EPCA defines ``fuel economy'' for purposes of these vehicles as
``the average number of miles traveled by an automobile for each gallon
of gasoline (or equivalent amount of other fuel) used, as determined by
the Administrator [of the EPA] under section 32904(c) [of this
title].'' \33\
---------------------------------------------------------------------------
\33\ 49 U.S.C. 32901(a)(11).
---------------------------------------------------------------------------
Moreover, EPA is required under EPCA to prepare a fuel economy
booklet containing information that is ``simple and readily
understandable.'' \34\ The booklet is commonly known as the annual
``Fuel Economy Guide.'' EPCA further instructs DOE to publish and
distribute the booklet. EPA is required to ``prescribe regulations
requiring dealers to make the booklet available to prospective
buyers.'' \35\ While the booklet continues to be available in paper
form, in 2006, EPA finalized regulations allowing manufacturers and
dealers to make the Fuel Economy Guide available electronically to
customers as an option.\36\
---------------------------------------------------------------------------
\34\ 49 U.S.C. 32908(c).
\35\ Id.
\36\ 71 FR 77915, Dec. 27, 2006.
---------------------------------------------------------------------------
In this rule where we refer to EPA's statutory authority under
EPCA, we are referring to these provisions.
B. Energy Independence and Security Act (EISA)
The 2007 passage of the Energy Independence and Security Act (EISA)
amended EPCA by introducing additional new vehicle labeling
requirements, to be implemented by the National Highway Traffic Safety
Administration (NHTSA).\37\ While EPA retained responsibility for
establishing test methods and calculation procedures for determining
the fuel economy estimates of automobiles for the purpose of posting
fuel economy information on labels and in an annual Fuel Economy Guide,
NHTSA gained responsibility for requiring automobiles to be labeled
with additional performance metrics and rating systems to help
consumers compare vehicles to one another more easily at the point of
purchase.
---------------------------------------------------------------------------
\37\ Public Law 110-140.
---------------------------------------------------------------------------
Specifically, and for purposes of this rulemaking, subsection ``(g)
Consumer Information'' was added to 49 U.S.C. 32908. Subsection (g), in
relevant part, directed the Secretary of Transportation (by delegation,
the NHTSA Administrator) to ``develop and implement by rule a program
to require manufacturers--
(A) to label new automobiles sold in the United States with--
(i) information reflecting an automobile's performance on the basis
of criteria that the [EPA] Administrator shall develop, not later than
18 months after the date of the of the Ten-in-Ten Fuel Economy Act, to
reflect fuel economy and greenhouse gas and other emissions over the
useful life of the automobile:
(ii) a rating system that would make it easy for consumers to
compare the fuel economy and greenhouse gas and other emissions of
automobiles at the point of purchase, including a designation of
automobiles--
(I) with the lowest greenhouse gas emissions over the useful life
of the vehicles; and
(II) the highest fuel economy* * *''
In this rule where we refer to NHTSA's statutory authority under EISA,
we are referring to these provisions.
Thus, both EPA and NHTSA have authority over labeling requirements
related to fuel economy and environmental information under EPCA and
EISA, respectively. In order to implement that authority in the most
coordinated and efficient way, the agencies are issuing this joint
final rule with the revised labels presented below.
III. Public Participation and Comment
The agencies proposed the joint label rule on September 23,
2010,\38\, and received over 6000 comments representing many
perspectives. The agencies received oral testimony at two public
hearings: one in Chicago on October 14, 2010, and one in Los Angeles on
October 21, 2010. Additionally, the agencies received written comments
from more than 50 organizations, including auto manufacturers and
dealers, state and local governments, environmental groups, consumer
organizations, other non-governmental organizations, and thousands of
comments from private citizens.
---------------------------------------------------------------------------
\38\ 75 FR 58078 (Sept. 23, 2010).
---------------------------------------------------------------------------
This section addresses the key issues on which public comments were
received on the proposed rule and discusses the agencies' final
decisions on those issues. Our more detailed responses to public
comments are available in the docket in the Response to Comments
document associated with this final rule.
A. Energy Metrics
1. Fuel Economy
The agencies proposed to retain the current practice of placing MPG
on the label for vehicles that use liquid fuels such as gasoline and
diesel. There are two main reasons for this. First, representing the
vehicle's fuel economy performance on the label with an estimate of
miles per gallon is a core element of the fuel economy information
requirements of EPCA, which specifically states that the label must
display ``the fuel economy of the automobile'' \39\ and defines ``fuel
economy'' as ``the average number of miles travelled by an automobile
for each gallon of gasoline (or equivalent amount of other fuel) used,
as determined by the Administrator.'' \40\ Historically, the label has
presented this information in terms of gallons of purchased fuel, since
this is the most meaningful for the consumer. Thus, gasoline vehicle
labels have historically displayed miles per gallon of gasoline, while
diesel vehicle labels have displayed miles per gallon of diesel.\41\
The proposal retained this approach. Second, consumers are very
familiar with the MPG metric, as it has been the ubiquitous fuel
economy metric for liquid fuels on vehicle labels since 1977. The
familiarity and ubiquity of the metric argue for its continued use
(despite its limitation, as discussed below).
---------------------------------------------------------------------------
\39\ 49 U.S.C. 32908(b)(1)(A). EISA also requires fuel economy
information. See 32908(g)(1)(A).
\40\ 49 U.S.C. 32901(a)(11).
\41\ Similarly, for those manufacturers who elect to put E85
information on the label for a flexible-fueled vehicle, it would be
displayed as miles per gallon of E85.
---------------------------------------------------------------------------
For those vehicles that do not use liquid fuels--such as EVs, PHEVs
operating on electricity, and CNG vehicles \42\-- we proposed to use
miles
[[Page 39485]]
per gallon of gasoline-equivalent (MPGe). This metric is similar to
MPG, but, instead of presenting miles per gallon of the vehicle's fuel
type, it represents miles per amount of energy used, conveyed as the
gallons of gasoline that have the equivalent amount of energy. We
proposed MPGe for three reasons. First, as previously noted, EPCA
requires a fuel economy value for all labels, defined as the miles
travelled for each ``gallon of gasoline (or equivalent amount of other
fuel) used.'' \43\ Second, non-liquid fuels are not typically dispensed
by the gallon, which makes it challenging to derive a metric reflecting
gallons dispensed. However, a gasoline-equivalent gallon--that is, the
amount of energy in the non-liquid fuel that is equivalent to that in a
gallon of gasoline--can be derived for each fuel type.\44\ Third,
consumer groups preferred some type of comparative fuel economy metric
that could be used across technologies, and MPGe allows such a
comparison.\45\
---------------------------------------------------------------------------
\42\ While EPA did not propose explicit labels for hydrogen fuel
cell vehicles (FCVs), we are including a label design for FCVs
because the label design issues for FCVs are very similar to those
for other dedicated, non-petroleum vehicles such as CNG vehicles and
EVs. In addition, EPA has designed FCV labels in the past on an as-
needed basis. EPA did not propose, and is therefore not finalizing,
fuel economy and range test procedures for FCVs. Test procedures
will continue to be as specified by EPA under the authority of 40
CFR 600.111-08(f), which allows the Administrator to prescribe
``special test procedures'' under certain circumstances. However,
EPA expects to continue to specify the use of SAE J2572,
(``Recommended Practice for Measuring Fuel Consumption and Range of
Fuel Cell and Hybrid Fuel Cell Vehicles Fuelled by Compressed
Gaseous Hydrogen''). Manufacturers of FCVs should continue to work
with EPA to ensure that the procedures are applied according to EPA
requirements.
\43\ 49 U.S.C. 32901(a)(11).
\44\ While some non-liquid fuels are sold on a gasoline-
equivalent basis (e.g., CNG), some are not (e.g., electricity), and
some are not yet widely sold as a vehicle fuel (e.g., hydrogen),
\45\ Environmental Protection Agency Fuel Economy Label: Phase 3
Focus Groups, EPA420-R-10-905, August 2010, p. 35.
---------------------------------------------------------------------------
On the other hand, the agencies discussed in the proposal that MPGe
has some drawbacks for a fuel such as electricity: electricity is never
purchased by the gallon, and MPGe requires the conversion of
electricity to an energy-equivalent amount of gasoline, a fuel which is
very different in many ways. An alternative approach for such vehicles
that the agencies considered is miles per unit of purchased fuel--for
example, miles per kilowatt-hour. Such a metric would be in terms of
the fuel that the consumer purchases, which could be more useful for
calculating fuel costs and for comparing with other vehicles of the
same technology but would not be comparable across technologies. The
agencies specifically asked for comments on the merits of using MPGe
for non-liquid fuels.
Comments overwhelmingly supported the use of MPG for liquid fuels,
although one commenter advocated that diesel vehicle fuel economy
values be calculated on an MPGe basis in order to reflect the higher
energy content of diesel fuel. The agencies are requiring the use of
MPG for liquid fuels for the same reasons articulated in the proposal:
Historical implementation of the EPCA requirements, consumer
familiarity, and the fact that these fuels are purchased by the gallon.
We believe that changing to MPGe for the fuel economy of diesel
vehicles would be very confusing to consumers, as label MPGe values
would then be inconsistent with all consumer calculations of fuel
economy (since diesel is sold in volumetric gallons) as well as fuel
economy values shown on vehicle dashboard displays.
The agencies proposed a range of options for ethanol flexible fuel
vehicles, including maintaining the current policy of requiring only
gasoline-based MPG on the label (with optional inclusion of E85-based
MPG), requiring the addition of E85-based MPG, and requiring the
addition of E85-based MPGe. Only a few commenters addressed ethanol
flexible fuel vehicles, and most who commented on this option supported
the current policy. The agencies are requiring a label for ethanol
flexible fuel vehicles that is consistent with the principles of the
current policy: All label metrics are based on gasoline operation, a
statement is provided so that the consumer knows that the values are
based on gasoline operation,\46\ and EPA is finalizing that
manufacturers may voluntarily include fuel economy estimates on E85
(which would be based on miles per gallon of E85, given that E85 is a
liquid fuel).\47\ Data show that, on average, FFVs operate on operate
on gasoline nearly 99% of the time, and on E85 fuel about 1% of the
time.\48\ In light of this, the agencies believe it is appropriate to
require only gasoline values on the label, and to provide E85
information on the Web site.
---------------------------------------------------------------------------
\46\ ``Values are based on gasoline and do not reflect
performance and ratings on E85.''
\47\ In addition, as required under EPA's authority in EPCA, the
Fuel Economy Guide and Web site will continue to provide the fuel
economy estimates on E85, the driving range on E85, and information
about how the performance might change when operating on mixtures of
E85 and gasoline.
\48\ In 2007, about 7.1 million FFVs were on the road,
comprising about 2.8% of the 247,000,000 cars and trucks in use in
the U.S. These vehicles used 54 million gallons of E85, which is
about 0.04% of the transportation fuel used for automobiles and
light trucks (8.8 million BPD or 135 billion gallons per year). The
result is that about 1.4% of fuel used in FFVs is E85; the remainder
is gasoline. All data from Transportation Energy Data book: Edition
29. U.S. Department of Energy, July 2010. Tables 1.14, 2.4, 3.3, and
6.1.
---------------------------------------------------------------------------
For non-liquid fuels, the comments on the use of MPGe as a fuel
economy metric were split. Supportive comments focused on the value of
having a metric that consumers could use to compare across technologies
and that was similar to the MPG metric with which people are
accustomed. These commenters supported the use of energy equivalency,
as proposed, and agreed that this mathematical conversion was the best
approach to create a practical comparative tool. One automaker
explicitly viewed the MPGe metric to be in direct alignment with EPCA
statutory authority for the new label to show a comparison of fuel
economy of comparable automobiles.
Those opposed to the use of MPGe for non-liquid fuels directly
challenged whether it was, in fact, a good comparative tool for
consumers. These commenters argued that MPGe would be misleading by
implying that different fuel types were substantially equivalent and
ignoring the many effects of obtaining and using very different fuels,
such as shifting dependence on foreign oil; that is, that MPGe
oversimplifies a complex situation. Some also commented that
mathematically converting between gasoline and other fuels on an energy
equivalency basis ignores the energy loss inherent in any conversion
process. As an alternative, one automaker suggested using miles per
purchased unit of energy. No commenter, however, suggested an
alternative fuel economy metric that would allow consumers to compare
across technologies.
The agencies are requiring the use of MPGe as the fuel economy
metric for non-liquid fuels.\49\ Although we understand the concern of
some commenters over using energy equivalency for different types of
fuels, we continue to believe that one of the primary purposes of the
label is to allow such comparisons, and to do so with metrics that do
not allow direct comparisons would diminish the usefulness of the
label. We believe that the purpose of the fuel economy metric on the
label is not to address the differing effects of obtaining and using
different fuels, or to consider the energy losses of converting from
one to another, but rather to address the energy use of the vehicle
itself. Thus, for example, MPGe allows consumers to compare the
relative energy consumption of various EVs, thus providing a metric
that differentiates between EVs on a factor that is within the
automakers' control. We have also concluded, as a result of the market
research that was undertaken for this rulemaking, that many
[[Page 39486]]
consumers are likely to find it most useful to have an energy metric
that allows them to compare vehicle energy efficiency across fuel types
and vehicle technologies; the MPGe metric accomplishes this goal as
well. In addition, as discussed above, there is a statutory requirement
to provide a fuel economy metric per ``equivalent amount of other
fuel,'' which MPGe clearly provides.
---------------------------------------------------------------------------
\49\ As with MPG, the MPGe metric is based on the energy used by
the vehicle over the EPA fuel economy and GHG test procedures. For
an EV, this is the energy necessary to recharge the battery to its
full charge after the test, as measured at the electrical outlet;
thus, it includes the energy used to propel the vehicle as well as
charging losses. It does not include transmission losses or the
energy used at the powerplant.
---------------------------------------------------------------------------
2. Fuel Consumption
In the past few years, many stakeholders and academics have
suggested that a fuel consumption metric--such as gallons per 100
miles--could be beneficial on the fuel economy label as either a
replacement for, or a complement to, MPG. The use of a fuel consumption
metric could serve to address the fact that, with fuel economy, there
is a non-linear relationship between gallons (or gasoline-equivalent
gallons) used over a given distance and MPG (or MPGe). Accordingly, a
certain MPG improvement at a lower MPG level saves much more fuel (and
thus money) than the same MPG improvement at a higher MPG level. If a
consumer trades in a car with a 14 MPG rating for one with a 17 MPG
rating, he or she will save approximately as much gas and money for a
given distance as does a consumer who replaces a 33 MPG car with a 50
MPG car. The non-linearity of the MPG measure is not widely understood
and hence many consumers misunderstand the measure. In the empirical
literature, this is known as the ``MPG illusion.'' \50\
---------------------------------------------------------------------------
\50\ Larrick, R.P. and J.B. Soll, ``The MPG illusion,'' Science
320:1593-1594 (2008). To understand the ``MPG illusion,'' note that
a 20 MPG vehicle uses 25% less fuel than a 15 MPG vehicle, while a
40 MPG vehicles uses only 12.5% less fuel than a 35 MPG vehicle;
that is, the same 5 MPG improvement will have different effects on
fuel consumption (and fuel costs) depending on the starting point
for the improvement. An extreme example is that, at a fuel economy
of 1000 MPG, the fuel consumption is so minute (0.001 gallons per
mile) that it no longer matters whether the fuel economy is
increased to 1010 MPG, 2000 MPG, or even 1,000,000 MPG; the only
fuel that can be further saved is some fraction of that 0.001
gallons per mile.
---------------------------------------------------------------------------
Pointing to the MPG illusion, some stakeholders suggest that the
public would be better equipped to make economically sound purchasing
decisions with a metric that directly reflects fuel consumption and,
correspondingly, fuel costs. In response to these suggestions and
concerns over the MPG illusion, the proposal introduced fuel
consumption on the label, in the form of gallons per 100 miles for
combined city/highway operation, as a complement to the MPG metric for
liquid fuels.
For non-petroleum fuels, EPA proposed to include fuel consumption
based on the units in which each fuel is sold. For example, CNG is sold
in gasoline-equivalent gallons; we proposed the fuel consumption metric
of gasoline-equivalent gallons per 100 miles. Similarly, for EVs and
PHEVs with all-electric operation, EPA proposed to show fuel
consumption in kilowatt-hours per 100 miles. For blended PHEVs, EPA
proposed gallons of gasoline equivalent per 100 miles, which represents
the inverse of MPGe and combines the two fuels into one consumption
metric; for the sake of reducing label clutter, EPA proposed to not
show separate electricity and gasoline consumption values.
We received many comments on the general question of whether a fuel
consumption metric should be added to gasoline vehicle labels, and
there was broad support for doing so. Most supporters cited the non-
linearity associated with the MPG illusion and suggested that it was
important to begin the process of educating consumers about fuel
consumption, while also keeping fuel economy metrics. There were a few
opponents to including fuel consumption metrics, who generally argued
that it was not important enough to warrant adding yet more numbers to
the label.
The widespread commenter support for including fuel consumption
metrics echoed EPA's concerns about the MPG illusion. EPA agrees that a
fuel consumption metric is a better tool for making economically sound
decisions and recognize that it will not become widely utilized if it
is not first introduced on the label. Therefore, EPA is requiring the
use of fuel consumption on the label--in the form of gallons per 100
miles for combined city/highway operation for liquid fuels--though in
reduced prominence relative to the traditional MPG metric. As with
MPGe, a further advantage of the energy consumption metric is that it
allows consumers to compare the relative energy use of various EVs,
thus providing an additional metric that differentiates between EVs.
The issue of the specific fuel consumption metrics for most types
of vehicles that operate on non-liquid fuels generated little or no
comment, with the exception of PHEVs operated in blended mode. EPA
continues to believe that the metrics for vehicles other than blended
PHEVs are reasonable and appropriate and are therefore requiring the
proposed approaches for EVs and all-electric operation for PHEVs
(kilowatt-hours per 100 miles) and for CNG vehicles (gasoline
equivalent gallons per 100 miles). EPA is similarly requiring kilograms
per 100 miles as the consumption metric for hydrogen FCVs, since
hydrogen is sold by the kilogram.
Several comments were received on how to treat blended PHEVs, which
use electricity and gasoline simultaneously. The commenters who opposed
the use of MPGe also generally opposed the proposed approach of a
single fuel consumption metric for blended PHEVs, pointing out that
this would not allow a PHEV shopper to compare the relative use of
electricity and gasoline. A few commenters suggested that labels for
blended PHEVs should report both electricity and gasoline consumption.
While EPA recognizes the tradeoffs associated with adding yet more
values to an already busy PHEV label, upon further consideration, EPA
agrees with the commenters who suggested that consumers need to be able
to differentiate between electricity and gasoline use in a blended
PHEV. This will allow the consumer to assess and weigh the relative use
of each type of energy as they deem appropriate. In addition, the fuel
consumption metric for all other fuels is being finalized on the basis
of the units in which the fuel is purchased, and it is reasonable to
adopt a parallel approach for blended PHEVs. Accordingly, EPA is
requiring fuel consumption separately for both gasoline (in gallons per
100 miles) and electricity (in kilowatt-hours per 100 miles) for a
blended PHEV, rather than the gasoline-equivalent gallons per 100 miles
as proposed. EPA believes that the combination of the MPGe metric (for
those who want a simple comparative metric) and the two separate fuel
consumption metrics (for those who want to compare relative gasoline
and electricity use) will help to satisfy different consumer needs.
B. Rating Systems
1. Scope of the Ratings
EISA requires that the label include a ``rating system that would
make it easy for consumers to compare the fuel economy and greenhouse
gas and other emissions at the point of purchase . . . '', including a
designation of the automobiles with the lowest greenhouse gas emissions
over the useful life of the vehicles, and the highest fuel economy . .
. '' \51\
---------------------------------------------------------------------------
\51\ 49 U.S.C. 32908(g)(1)(A)(iii).
---------------------------------------------------------------------------
The co-proposed label designs presented two primary variations on
ratings systems for fuel economy and greenhouse gas emissions, based on
two interpretations of the statutory language. The first approach,
shown on labels 1
[[Page 39487]]
and 3, combined fuel economy and greenhouse gas emissions into a single
relative rating; we also sought comment on integrating emissions of
other pollutants into this rating. The second approach, shown on labels
1 and 2, retained separate ratings for fuel economy, greenhouse gas
emissions, and other pollutants. We noted that the two approaches are
not mutually exclusive, and a label could display both.
The majority of those who commented on this topic said that these
factors should each be displayed separately on the label. The key
reason cited was that individual ratings would best provide clarity and
transparency for those wishing to take these factors into
consideration. On the other hand, some commenters felt that it is
appropriate for the government to combine factors into a single rating
in order to distill complex information into a more useable format.
These commenters focused primarily on the relationship between energy
consumption and greenhouse gas emissions, and suggested that a combined
rating made sense. Other commenters on this topic contended that it was
important for the ratings to show that greenhouse gases and fuel
economy do diverge across fuel types, and so the ratings should be
separate. Commenters also stated that there was no clear methodology
for incorporating emissions of other air pollutants with greenhouse
gases and did not support the proposed methodologies for doing so.
We are requiring separate ratings for fuel economy, greenhouse
gases, and other emissions. The fuel economy and greenhouse gas ratings
will be displayed on the same slider bar, and vehicles that have the
same ratings for both factors will combine the two ratings with a
single indicator. Vehicles operating on gasoline will always combine
the two ratings since they will, by definition, receive the same score
for both ratings. The agencies believe that this approach is consistent
with the language in EISA, is allowed under the EPCA provisions, and
will best allow consumers to compare each of these elements. The
agencies also believe that using one slider bar for the fuel economy
and greenhouse gas rankings will simplify the design of the label (an
important consideration) and will improve the effectiveness of the
label. The ratings for fuel economy, greenhouse gases, and other
emissions are subsequently described in sections III.C, III.D, and
III.F.
2. Span of the Ratings
Each of the ratings systems, as proposed, would include all new
vehicles for which labeling is required in a single rating system; \52\
that is, the ratings would be universal across all new vehicles, rather
than broken out by vehicle class. This approach was based on the text
of EISA requiring a rating ``that would make it easy for consumers to
compare the fuel economy and greenhouse gas and other emissions of
automobiles at the point of purchase * * *'' \53\ rather than the EPCA
provisions in the statute.\54\ NHTSA's interpretation was that this
language was meant to require rating systems that would allow consumers
to compare new vehicles against each other without restriction, and
that it would not be satisfied by rating systems that spanned less than
the entire fleet.
---------------------------------------------------------------------------
\52\ This currently includes all passenger automobiles and light
trucks as defined by NHTSA at 49 CFR part 523. More specifically,
the rating system would span all automobiles up to 8,500 pounds
gross vehicle weight, plus some vehicles (large SUVs and some
passenger vans) between 8,500 and 10,000 pounds gross vehicle
weight.
\53\ 49 U.S.C. 32908(g)(1)(A)(ii).
\54\ 49 U.S.C. 32908(b)(1)(F)
---------------------------------------------------------------------------
Many commenters supported the proposed approach of having universal
rating systems that apply across all vehicle classes. These commenters
stated that most people shop in more than one class, and, therefore, a
rating system that was solely within class was not particularly useful
because it would not allow these consumers to compare the vehicles in
which they had interest. Commenters stated that a within-class approach
could be misleading by displaying ratings that appear to be comparable
but in fact are not, since ratings based on individual classes are not
broadly applicable across all vehicles; they are applicable only within
the class on which they are based. As such, a within-class approach
could assign a high rating to a vehicle that does relatively well
within its class, but which emits at relatively high levels compared to
vehicles in other, lower-emitting classes. For example, a large car
that is low-emitting relative to other large cars could score a 7,
while a midsize car with average emissions for its class would score a
5, even though the midsize is lower-emitting than the large car. With a
purely within-class approach, the consumer who is considering both of
these vehicles would have no way to know that the midsize car is a
better environmental choice.
On the other hand, several auto manufacturers commented that many
consumers shop solely within vehicle classes, and that therefore a
rating that applied across all classes would not be helpful, as it
would not indicate the best performers within a class. One auto
manufacturer further commented that NHTSA's interpretation of the EISA
language is overly restrictive, stating that, in its view, the most
useful information to consumers would compare among vehicles of the
same class, and that doing so would be consistent with the EISA
requirement for easy comparisons.
We are requiring, as proposed, ratings that span all vehicle
classes for which labels are required. Although the agencies' consumer
research indicates that many consumers narrow their vehicle choices
early in the buying decision, our research also indicates that many and
perhaps most do not focus narrowly on a single class. Focus group
participants indicated that they shopped, on average, across two to
three vehicle classes.\55\ For these consumers to be able to compare
vehicles in different classes, the information must necessarily span
those classes, or it will be of little use or, worse, misleading: A
vehicle that is ``best'' in one class, in terms of the metrics
presented on the label, may be less so when compared to other classes.
For those consumers shopping across classes who wish to know the
relative performance of those choices, a single all-vehicles rating
system will enable them to make accurate comparisons across whichever
vehicles they choose to shop. Such an approach would still be useful
within a class, since each metric will differentiate vehicles
regardless of their class.
---------------------------------------------------------------------------
\55\ Environmental Protection Agency Fuel Economy Label: Pre-
Focus Groups Online Survey Report, EPA420-R-10-907, August 2010, p.
18.
---------------------------------------------------------------------------
Additionally, as discussed in the NPRM, NHTSA believes that the
clearest interpretation of EISA is that fuel economy, GHG, and other
emissions rating systems should apply to all automobiles rather than to
specific classes. 49 U.S.C. 32908(g)(1)(A)(ii) states that the agency
must develop label rating systems ``that would make it easy for
consumers to compare the fuel economy and greenhouse gas and other
emissions of automobiles at the point of purchase,'' in clear contrast
to EPCA's requirement, codified at 49 U.S.C. 32908(b)(1)(C) that fuel
economy range information be presented for ``comparable automobiles.''
32908(g)(1)(A)(ii) also requires that rating systems include
designations of the automobiles with the ``lowest greenhouse gas
emissions'' and ``highest fuel economy,'' which NHTSA believes
[[Page 39488]]
is most meaningfully fulfilled by designating the automobiles with the
best GHG and fuel economy ratings in the entire fleet. Given this
statutory language, NHTSA believes that it is reasonable and
appropriate to conclude that if Congress had intended the 32908(g)
rating systems to apply only within class, it would have used language
more like 32908(b)(1)(C), and that therefore rating systems for fuel
economy, GHGs, and other emissions as described in 32908(g) should most
reasonably apply to the entire fleet. And even if the statute were
taken as ambiguous, NHTSA believes that the chosen approach is the most
reasonable way of implementing the statutory goals.
In order to satisfy EPCA requirements,\56\ the label also indicates
the range of fuel economy values for the relevant vehicle class. This
approach allows those consumers who shop within one class to see the
fuel economy of the vehicle under consideration relative to other
vehicles within its class. The agencies also believe it addresses the
concern of the OEM commenter who argued that within-class comparisons
might be more useful to certain consumers--in essence, the EISA and
EPCA requirements, when combined, are able to provide consumers with
both in-class and fleet-wide information on the metric that many have
identified as most important to them, as discussed below.
---------------------------------------------------------------------------
\56\ 49 U.S.C. 32908 (b)(1)(C).
---------------------------------------------------------------------------
C. Form of the Ratings
1. Fuel Economy Rating
EISA requires that the label include a ``rating system that would
make it easy for consumers to compare the fuel economy and greenhouse
gas and other emissions at the point of purchase . . .'' \57\ This
section addresses the rating for fuel economy, while sections III.D.
and III.F. describe the ratings for greenhouse gases and for other
emissions, respectively.
---------------------------------------------------------------------------
\57\ 49 U.S.C. 32908(g)(1)(A)(iii).
---------------------------------------------------------------------------
In addition to this new EISA requirement, EPCA specifies that fuel
economy labels must include the range of fuel economy of comparable
vehicles.\58\ This requirement is currently met with a slider bar
indicating the combined city/highway fuel economy of the vehicle model
type, anchored at each end with the highest and lowest fuel economy
values for all new vehicles within that fuel economy vehicle class.
---------------------------------------------------------------------------
\58\ 49 U.S.C. 32908(b)(1)(C).
---------------------------------------------------------------------------
The agencies proposed an absolute slider bar-type fuel economy
rating system bounded by specific MPG values for the ``best'' and the
``worst'' vehicles in the fleet, and with specific fuel economy values
for the vehicle model type in question identified in the appropriate
location on the scale. The scales proposed on label 2 were essentially
larger versions of those on label 1, with the addition of a within-
class indicator on the fuel economy scale to meet the EPCA requirement
for comparison across comparable vehicles. This latter requirement was
addressed on label 1 through text indicating the fuel economy for all
new vehicles in the model's fuel economy class.
The agencies received relatively few comments on this topic. One
auto manufacturer supported the graphical representation of the within-
class information as proposed on label 2. A government laboratory
commented that the comparison should be on the basis of fuel
consumption rather than fuel economy, to provide a linear comparison of
the vehicle's energy use and to avoid a visual representation of the
fuel economy illusion.
The agencies are requiring a one-to-ten relative fuel economy
slider bar similar to the one on alternative label 3 included in the
NPRM, which is combined with a one-to-ten relative greenhouse gas
slider bar as discussed below. While the rating is expressed in terms
of fuel economy, the methodology for determining vehicle ratings will
be defined based on fuel consumption in order to mitigate the ``MPG
illusion'' and to provide a more linear representation of vehicle
energy use between ratings. The EISA requirement for indicating the
highest fuel economy vehicle and the EPCA requirement for providing the
fuel economy of vehicles in a comparable class will be met with text
located near the vehicle's fuel economy numbers. The methodology for
determining the combined fuel economy and greenhouse gas ratings is
provided in section III.D.
2. Greenhouse Gas Rating
The agencies proposed several systems to address the EISA
requirement for a rating that allows consumers to compare greenhouse
gas emissions across new vehicles. Specifically, both labels 1 and 2
included an absolute rating scale that presented the specific tailpipe
GHG emission values for the vehicle in grams per mile, bounded by
emission rates for the ``best'' and ``worst'' vehicles in the fleet in
the model year. In addition, label 1 featured a prominent letter grade
that reflected the relative levels of tailpipe greenhouse gas emissions
(and, for gasoline vehicles, fuel economy, given the inverse
relationship of tailpipe GHG emissions and fuel consumption for
gasoline vehicles) on an A+ to D scale. The agencies also sought
comment on label 3, which, like label 1, included a rating that
reflected relative tailpipe GHG emission rates; this approach
substituted the letter grade with a numerical rating on a scale of one
to ten. NHTSA sought comment on whether this would be an appropriate
interpretation of EISA's requirements. The agencies proposed that GHG
ratings would be based on combined 5-cycle tailpipe CO2
emission rates.
About two-thirds of the more than 6,000 public comments expressed a
preference either for or against the letter grade, and nearly every one
of the more detailed comments submitted by corporations and
organizations addressed the topic, indicating the strong level of
interest in this proposed element. As a general rule, the letter grade
was supported by consumer organizations, environmental organizations,
and academics; about half of the general public that commented on the
letter grade supported it. Conversely, it was opposed by most auto
companies, auto dealers and their organizations, Federal laboratories,
and about half of the general public that commented on this topic.
Commenters in favor of the letter grade spoke to its ease of use
and eye-catching appeal; many said that it would be useful for those
who do not find more detailed numerical information helpful or
compelling and would, for the first time, take their needs into
consideration on the label. The letter grade was likened to the New Car
Assessment Program (NCAP) safety stars in its potential ability to
spark public demand for new vehicle attributes--in this case, relative
environmental and energy impact. For these commenters, the influential
nature of the letter grade was viewed as a positive attribute.
On the other hand, those opposed to the letter grade commented that
it implied an inappropriate value judgment of the vehicle, either in
whole or in part. Many commenters indicated that letter grades, in
particular, convey an assessment that is value-laden and not in
accordance with the intent of the label. These commenters suggested
that a prominent letter grade could be misleading insofar as it might
imply an assessment of a vehicle's overall quality on a number of
attributes beyond fuel economy and tailpipe greenhouse gas emissions.
Finally, some commenters felt that its prominence was problematic,
either by minimizing other important label elements, such as MPG,
[[Page 39489]]
or by overshadowing other Monroney \59\ label elements, such as the
NCAP safety stars.
---------------------------------------------------------------------------
\59\ The Monroney label, placed on the window of every new
vehicle sold in the U.S., was mandated by the Automobile Information
Disclosure Act of 1958, and since amended. It typically includes
manufacturer's suggested retail price, vehicle specifications,
equipments lists and pricing, warranty information, NHTSA crash test
ratings, and the EPA fuel economy label requirements (as allowed
under EPCA at 49 U.S.C. 32908(b)). Manufacturers may provide the
fuel economy information on a separate label but have historically
chosen to incorporate it into the Monroney sticker.
---------------------------------------------------------------------------
A few commenters stated that the absolute tailpipe greenhouse gas
rating in grams per mile was the most straightforward approach and felt
that it would be helpful for those wishing to compare emissions across
vehicles and clearly meet the EISA requirement. Others found the
absolute scale unhelpful, stating that today's public has little
awareness of tailpipe greenhouse gas emissions expressed in grams per
mile. In particular, these commenters said that an absolute scale for
GHGs would be confusing, given that the label also contained a one to
ten rating for other emissions, and suggested that a consistent one to
ten system for both ratings would be more understandable. Several
commenters noted that one to ten ratings are readily understood and are
in use today for vehicle emission ratings on both the EPA Green Vehicle
Guide Web site and on the California Environmental Performance Label,
and that it would be logical to extend that approach to this label.
The agencies are requiring a relative greenhouse gas rating on a
one to ten scale, based on combined 5-cycle tailpipe CO2
emission rates, as measured by EPA; this rating will be combined with
the relative fuel economy rating scale discussed above. The relative
GHG rating is intended to address the large number of comments received
in support of a relative rating that allows a quick and easy assessment
of a vehicle's relative environmental impact. While a letter grade
rating can be readily understood, the agencies agree with some
commenters' concerns that it may imply more meaning about overall
vehicle attributes--such as an assessment of overall quality on a
number of factors--than was intended. We recognize that the letter
grade is a fairly significant departure from the current fuel economy
label, which provides absolute numerical values and no relative
ratings. The agencies believe that the one to ten rating fills a middle
ground between the absolute numerical values of the current label and a
letter grade rating, providing a similar ease of use without the risk
of conveying any perceived value judgment that may be associated with a
letter grade.
We also agree that having consistent systems for the two
environmental ratings on the label may help to minimize confusion and
increase comprehension. Finally, the use here of a one to ten system is
a logical extension of its use on the EPA Green Vehicle Guide Web site
and the California Environmental Performance Label, where it serves a
similar purpose. The absolute tailpipe greenhouse gas emissions in
grams per mile of the best performing vehicle will be noted in text
near the slider bar. This approach meets the EISA requirements for
displaying GHG performance information \60\ and for indicating the
lowest greenhouse gas vehicle.
---------------------------------------------------------------------------
\60\ 49 U.S.C. 32908(g)(1)(A)(i).
---------------------------------------------------------------------------
Finally, to address concerns raised by some commenters that fuel
economy ratings overshadow safety ratings component of the Monroney
label, NHTSA is planning to conduct comprehensive consumer research to
develop revised safety ratings based on revisions to the fuel economy
component of the label under this rule. NHTSA will publish details of
the consumer testing in a future Federal Register notice.
D. Fuel Economy and Greenhouse Gas Rating Methodology
The agencies proposed a variety of ways to provide information that
would rank or rate a vehicle model compared to the rest of the fleet,
based on its performance on greenhouse gases and fuel economy,
including both absolute and relative scales. In the proposal, one
method for a relative fuel economy and greenhouse gas rating was laid
out, based on even increments of greenhouse gas emissions. One proposed
rating system used a letter grade to represent relative performance.
Since fuel economy and greenhouse gases are closely related, this
rating was used to represent both of these factors. The CO2
emission rates and the gasoline-equivalent MPG values were both
provided in the preamble's table of ratings thresholds, with the
CO2 ratings proposed to be controlling. There was no
differentiation across fuels.\61\
---------------------------------------------------------------------------
\61\ For example, for both gasoline and diesel vehicles the
CO2 emissions rates would determine the rating, not the
mpg rate. A gasoline and diesel vehicle with the same mpg
performance would have different CO2 emissions
performance, given the difference in the energy content of the two
fuels. The proposed rating thresholds would be determined based on
the CO2 emissions performance irrespective of the fuel at
issue.
---------------------------------------------------------------------------
For this rating scale, the agencies proposed a system that assigned
a letter grade rating for each vehicle relative to the tailpipe GHG
emissions of all new vehicle models. Specifically, each of the ratings
corresponded to a distinct range of combined 5-cycle tailpipe
CO2 emission rates. The middle of the rating system was
defined as the tailpipe CO2 emission rate for the median new
vehicle and the range of each rating was defined using equal-sized
increments of CO2. Because vehicle GHG values clustered
around the middle, the proposed rating system resulted in the majority
of vehicles receiving ``average'' ratings, with the number of vehicles
receiving higher or lower ratings falling off quickly. Very few
vehicles received the highest or lowest ratings.
The majority of comments on this rating system focused on the form
of the rating, generally, the use of a letter grade and its merits and
drawbacks. However, some manufacturers and consumer organizations did
provide feedback specific to the methodology used to define the
ratings. These commenters all examined the distribution of vehicle
ratings that resulted from the proposed methodology and requested that
the agencies consider strategies to somewhat ``flatten'' the
distribution. This would, in effect, provide more differentiation
between vehicles and prevent the ratings from not being--or appearing
to not be--technology-neutral. On the other hand, one automaker
requested that the agencies consider reserving the highest rating
exclusively for specific, pre-defined vehicle technologies.
Commenters also provided feedback on the impact of basing the fuel
economy rating on greenhouse gases. Several noted that they are closely
related and that having a single rating represent both is appropriate.
Others indicated that the relationship between these two factors varies
across fuels and that it is important for the label to reflect this
fact.
As discussed previously, the label we are adopting will provide
relative one to ten ratings for fuel economy and for greenhouse gases.
Since fuel economy and tailpipe greenhouse gas emissions are closely
related, the agencies have decided to simplify the label by using one
slider bar for the two ratings and to combine the two ratings for
vehicles that receive the same fuel economy and greenhouse gas scores.
We will define the range of CO2 emissions and MPG
performance assigned to each number in the rating systems (1-10) on the
basis of corresponding gasoline CO2 emissions performance
and gasoline mpg performance. The 1-10 ratings assigned to a model will
be based on the tailpipe CO2 emissions and MPG (or MPGe)
[[Page 39490]]
performance of that model, irrespective of the fuel. Gasoline vehicles
will by definition have the same rating for both fuel economy and
greenhouse gases. For those vehicles for which the greenhouse gas
ratings diverge from the fuel economy ratings, such as some diesel and
compressed natural gas vehicles, the slider bar will have a second
indicator to reflect this fact. Thus, the fuel economy and greenhouse
gas rating will demonstrate both that these factors are closely related
and that this relationship is not the same across all fuels.\62\
---------------------------------------------------------------------------
\62\ This could occur, for example, if a diesel vehicle receives
a certain number rating based on mpg performance, which is measured
in terms of gallons of diesel fuel, but achieves a different number
rating based on CO2 emissions performance, which is based
on both the volume of fuel consumed as well as the carbon content of
the fuel. This difference in rating can be expected to occur in a
limited number of situations with another example being the mpg
performance of a compressed natural gas fueled vehicle and its
corresponding lower CO2 emissions.
---------------------------------------------------------------------------
We agree with some commenters that the ratings would be more
meaningful and useful for both relative scales if it allowed greater
differentiation between vehicles, and that therefore it would be
beneficial to alter the rating methodology such that the resulting
distribution of vehicle ratings is flatter than proposed, while still
reflecting the distribution of the fleet. We also agree with the
majority of commenters on this topic that the ratings should avoid the
appearance of not being technology-neutral. The challenge to the
agencies was to implement this change with a methodology that is simple
to implement, robust enough to work for future vehicle fleets, and
results in an appropriately flatter distribution of vehicle ratings
over the fleet. Finally, the agencies also agreed with some commenters
that the fuel economy rating would be most beneficial to consumers if
it were in fact based on fuel consumption instead of fuel economy.
Basing the rating on fuel consumption allows it to be directly
proportional to the actual amount of energy used by the vehicle (and
hence to refueling costs) and avoids the ``MPG illusion'' discussed
previously. The range of performance that defines each number in the
rating system is determined based on approximately equal increments of
fuel consumption, with one adjustment. The use of a system based on
equal increments means that the distribution of the fleet will be
reflected in the distribution of the ratings.
We believe that, since fuel economy and fuel consumption are simply
different mathematical representations of the same characteristic, that
a fuel consumption-based rating system is consistent with the EISA
requirement for a fuel economy rating system. To ensure that the fuel
economy ratings correspond to the MPG or MPGe values displayed on the
label, the thresholds for purposes of assigning this rating will be in
terms of fuel economy (MPG or MPGe).
The fuel economy rating scale will be created by converting the
fuel consumption thresholds into their corresponding fuel economy
values and assigning a numeric one to ten rating based on 5-cycle
combined fuel economy, rounded to the nearest integer (as reflected on
the label). The combined fuel economy value prominently displayed on
the label will be used by vehicle manufacturers to determine the fuel
economy rating, thus making the connection between the two unambiguous
and avoiding situations where two vehicles with the same fuel economy
value would receive different fuel economy ratings--an outcome the
agencies believe would be confusing to the public.\63\ All liquid fuel
vehicles will be evaluated in terms of volumetric gallons of fuel per
mile, and all vehicles operating on non-liquid fuels will be evaluated
in terms of gallons of gasoline equivalent per mile. The GHG rating
scale, in turn, will assign a one to ten numeric rating based on the
vehicle's 5-cycle combined tailpipe CO2 emissions. For
gasoline vehicles, the fuel economy rating and the greenhouse gas
rating will be the same, and will be displayed as one rating on the
fuel economy and greenhouse gas slider bar. For other fuel types, the
ratings may diverge, reflecting the differing carbon content of various
fuels. EPA will provide the thresholds that will define the range of
values assigned to each of the one to ten ratings applicable to the
upcoming model year in annual guidance based on the methodology
described below. Ratings will be based on fuel economy data submitted
by manufacturers to the EPA, using data from the most recent complete
model year. The break point of the ratings (that is, the fuel economy
value in integer terms that divides the ``5'' and 6'' categories on the
ratings scale) will then be adjusted to reflect the projected achieved
fleet wide CAFE level for the model year for which the ratings will
apply.
---------------------------------------------------------------------------
\63\ For PHEVs, the ratings will be based on the combination of
MPGs across driving modes using the utility factor approach
described in section III.N.
---------------------------------------------------------------------------
In the proposal, the agencies divided the range of all vehicle
CO2 emissions (and, accordingly, gasoline equivalent fuel
consumption), from the highest to lowest, into even increments to
define the range of each individual letter grade or numeric rating. For
the final label methodology, using fuel economy and tailpipe
CO2 emission data for all model year 2011 new light duty
vehicles, the agencies considered several alternative methodologies for
defining both rating scales. For all approaches, we first defined the
center of the rating systems as either the mean or median of the fleet
data. The analysis focused on two subsequent issues: First, how to
define the upper and lower boundaries of the rating system and, second,
how to define the range of each individual ratings within the upper and
lower boundaries.
For example, we considered a system where the range of each rating
effectively ``grows'' by 25% with each step away from the mean. This
approach does somewhat flatten the distribution of ratings over the
fleet. However, the agencies decided not to pursue this or similar
options because choices such as the rate of bin growth appeared too
subjective and would likely have to be reevaluated every year. We also
considered a decile system, in which an equal number of vehicles are
distributed into each rating, thus completely flattening the
distribution. However, because vehicles tend to be clustered on the
basis of fuel economy values, it is not possible to equally distribute
them across the ratings. This approach also goes further than
commenters suggested in flattening the curve.
The fuel consumption rate, and correspondingly, the CO2
emissions rate of all new vehicle models, follows a roughly normal
distribution. For a set of data with a normal distribution,
approximately 95% of all data will fall within plus or minus two
standard deviations of the mean. This allows for a mathematically
robust methodology that can be applied each model year. The 1-10 rating
system will be defined for each model year, using the most recent model
year for which we have a complete data set, using an approach in which
any vehicle model with a 5-cycle combined fuel consumption rate more
than two standard deviations away from the mean vehicle model would
receive either the lowest (1) or highest (10) rating. We acknowledge
that fuel consumption for new vehicles does not perfectly follow a
normal distribution; however, historically, approximately 97% of the
fleet has been captured within this two standard deviation range.
Assuming this trend continues, approximately 1-2% of new vehicle models
will receive the top rating, and
[[Page 39491]]
approximately1-2% of new vehicle models will receive the lowest rating.
Thus, for a given year, the highest rating, a 10, will be defined
by subtracting two standard deviations from the mean of the data from
the most recent model year available, such that any vehicle that
achieves a fuel consumption rate less than or equal to two standard
deviations below the mean will receive a rating of 10. Conversely, any
vehicle that is more than or equal to two standard deviations above the
mean will receive the lowest rating, which is a 1. The ratings of 2
through 9, in turn, are defined based on even increments of 5-cycle
combined fuel consumption rates between the highest and lowest ratings,
with the following adjustment.
The break point of the rating system, which denotes the difference
between a CO2 emission and fuel economy rating of 5 and of 6
(that is, between the top half (6-10) and bottom half (1-5) of the
rating scale), will be pegged to the CO2 emissions and MPG
values that correspond to the projected achieved CAFE values estimated
by the agencies in advance for the fleet as a whole for the applicable
model year of the label. That is, after the analysis to determine two
standard deviations is complete and the thresholds for each of the
ratings are established, the break point between a rating of 5 and a
rating of 6 will be adjusted to reflect the projected average fleet
label value that would correspond with the projected fleet wide CAFE
value that the agencies estimate would be achieved for the model year
to which the label applies.\64\ This midpoint correction is important
from a policy perspective, as the agencies believe it is appropriate to
assign an above-average rating (6 or higher) only to those vehicles
whose label value for fuel economy is at or above the projected fleet
average for that model year. For model years 2012-2016, the projected
achieved fuel economy values from the recent joint light-duty vehicle
fuel economy and greenhouse gas rulemaking will be used as the basis
for the midpoint defining the threshold between a 5 and a 6. Setting
this break point in advance has the added advantage of allowing
manufacturers to know their target to achieve an above average rating.
---------------------------------------------------------------------------
\64\ For this purpose, the agencies used the projected fleet-
wide achieved CAFE levels for the MY2012-2016 CAFE standards (Table
I.B.2-2, 75 Federal Register 25331, May 7, 2010).
---------------------------------------------------------------------------
Because the 2012-2016 estimated achieved CAFE levels intended to be
used to anchor the break point of the rating scale are based on the 2-
cycle test, while label values are based in the 5-cycle test, EPA
evaluated vehicle test data across all new light duty vehicles to
determine an adjustment factor between the projected achieved fleet
wide CAFE fuel economy values and the label values. This adjustment
factor is derived in the same manner as an individual model's mpg value
for CAFE compliance is adjusted for use on the label. Using this
adjustment, EPA determined that the fuel economy midpoint values from
2012-2016 will be as shown in Table D.1.
Table D.1--Label Breakpoint Values for MY2012-2016 \65\
------------------------------------------------------------------------
------------------------------------------------------------------------
2012.................................................... 22
2013.................................................... 23
2014.................................................... 23
2015.................................................... 24
2016.................................................... 25
------------------------------------------------------------------------
Using this approach, the fuel economy ratings for model year 2012,
based on 2011 fuel consumption data and with a break point adjustment
reflecting the average fuel economy projected to be achieved for model
year 2012, would be assigned on the basis of the fuel economy integer
values as shown in Table D-2.
---------------------------------------------------------------------------
\65\ French, R. Memorandum to Docket No. EPA-HQ-OAR-2009-0865,
``Adjusting Combined City/Highway CAFE Fleet Values to Determine
Equivalent 5-Cycle Label Values.'' May 18, 2011.
Table D.2--MY2012 Rating Scale for Fuel Economy
------------------------------------------------------------------------
Fuel economy
(Combined city/
Fuel economy rating highway 5-
cycle MPG or
MPGe value)
------------------------------------------------------------------------
10...................................................... 38+
9....................................................... 31-37
8....................................................... 27-30
7....................................................... 23-26
6....................................................... 22
5....................................................... 19-21
4....................................................... 17-18
3....................................................... 15-16
2....................................................... 13-14
1....................................................... 0-12
------------------------------------------------------------------------
The agencies then had to consider how to structure the rating scale
for GHG emissions, since it is combined for the final labels with the
rating scale for fuel economy. Given the close relationship between
fuel economy and greenhouse gases, the rating scales will be defined to
give the same rating on each of these factors for gasoline vehicles,
since gasoline-fueled vehicles constitute the great majority of the
vehicles sold. Thus, the GHG rating scale will be determined by
converting the fuel economy rating thresholds into gasoline equivalent
GHG rating thresholds using a constant conversion factor of 8887 grams
of tailpipe carbon dioxide emissions per gallon of consumed
gasoline.\66\ Accordingly, by definition, for vehicles that operate on
gasoline only, the fuel economy score will equal the greenhouse gas
score, and that combined score will be displayed on the label using one
slider bar and one indicator for the combined score.\67\ Because
vehicles that operate on fuels other than gasoline will not necessarily
have the same fuel economy and GHG scores, those vehicles will have
their GHG rating determined by comparing their 5-cycle combined
tailpipe CO2 emission rate against the GHG ranges applicable
for the model year to determine if their GHG score is different from
their fuel economy score. If it is different, the GHG score must be
indicated on the same slider bar as the fuel economy score; however,
the GHG score will use a pointer below the slider bar and the fuel
economy score will use a pointer above the slider bar. Using this
approach, the GHG ratings for model year 2012, based on 2011 data with
a break point adjustment reflecting model year 2012, would be assigned
as shown in Table D-3.
---------------------------------------------------------------------------
\66\ This reflects the direct relationship between CO, emissions
and fuel consumption for gasoline, and the fact that the mpg values
in the Table are derived from fuel consumption values which in turn
are derived from CO, emissions values. Note that the GHG thresholds
correspond to the MPG value that will round to the integer values
shown in the table. For example, the GHG threshold corresponding to
the fuel economy thresholds between a 1 and 2 is calculated as 8887
g CO2/gallon divided by 12.5 miles/gallon, or 711 g/mile.
\67\ For gasoline vehicles whose values are close to the
threshold, the tables may occasionally reflect different scores on
each of these factors. For purposes of the fuel economy and
greenhouse gas rating for gasoline vehicles, the fuel economy
thresholds will be controlling and only one rating will be
displayed. Under this approach, vehicles with the same combined MPG
value, which is prominently displayed on the label, will always have
the same rating as other vehicle with the same value. Different
ratings formed on the basis of rounding would not be helpful to
consumer comprehension.
Table D.3--MY2012 Rating Scale for Greenhouse Gases
------------------------------------------------------------------------
Tailpipe GHG
rating
(combined city/
Greenhouse gas rating highway 5-
cycle CO2 g/
mile)
------------------------------------------------------------------------
10...................................................... 0-236
9....................................................... 237-290
8....................................................... 291-334
7....................................................... 335-394
6....................................................... 395-412
5....................................................... 413-479
[[Page 39492]]
4....................................................... 480-538
3....................................................... 539-612
2....................................................... 613-710
1....................................................... 711+
------------------------------------------------------------------------
The methodology for determining the fuel economy and GHG rating
scales defined above is based on a simple statistical approach that
should be applicable to a changing fleet of vehicles over time. The
agencies believe that this is a straightforward and robust methodology
for rating vehicle fuel economy and tailpipe GHG emissions that will
result in a flatter distribution of vehicle ratings across the entire
fleet. We intend to update the scoring thresholds in the future to
reflect the prevailing CAFE and GHG standards and the evolution of the
vehicle fleet. Any updates to the rating scale will be included in the
annual label manufacturer guidance document or in the regulations via
rulemaking.
E. Upstream GHGs
In the proposal, the agencies recognized that upstream GHG
emissions are associated with the production and distribution of all
automotive fuels used by motor vehicles, that certain emerging
automotive fuels might have very different upstream and tailpipe GHG
characteristics depending on how those fuels are produced, that
providing accurate upstream GHG emissions values for individual
consumers can be a complex challenge, and that whether, and if so how,
to account for these upstream GHG emissions was an important decision.
We proposed to limit the label to tailpipe-only GHG emissions,
while providing more detailed information on upstream GHG emissions on
a Web site. For details on the Web site content and accessibility,
please refer to Section III.I. In addition, the agencies requested
comment on alternative options for the label that, in addition to
presenting tailpipe emissions, refer to or identify in some manner the
upstream GHG emissions associated with fuel production and
distribution. One such alternative would continue to base the label's
GHG emissions value on tailpipe emissions values only but would
supplement the numerical value with a symbol or asterisk and
explanatory text such as ``the only CO2 emissions are from
electricity generation'' (for EVs), ``does not include CO2
from electricity generation'' (for PHEVs), or ``the CO2
emissions listed here are from gasoline combustion only and do not
reflect the use of renewable biofuels'' (for ethanol flexible fuel
vehicles).
A second alternative for the label would be to, provide a tailpipe-
only GHG emissions value and also to provide a numerical value for
upstream GHG emissions associated with production and distribution of
the fuel(s) used by the vehicle. While recognizing the arguments for
this approach, the agencies identified many challenges associated with
developing a single numerical value for upstream GHG emissions. For
electricity, for example, challenges include significant regional
variability in electricity feedstocks and GHG emissions, potential
changes in feedstocks and GHG emissions over time, and potential
differences in GHG emissions between daytime and nighttime charging
depending on the energy source used. The agencies asked for comments on
how they could best address these complexities on a consumer label.
The agencies received a large number of comments on this topic,
almost all of which focused primarily on the upstream GHG emissions
issues associated with the electricity used in EVs and PHEVs.
Automotive associations, electric vehicle associations, electric
utility companies, and nearly all automakers who commented on this
topic supported the proposal to include only tailpipe GHG emissions on
the label and provide more detailed information on upstream GHG
emissions on a Web site. Automakers typically stated that labels have
always reflected vehicle performance only and have not addressed
upstream petroleum emissions, that they have no control over upstream
emissions, and that including electricity upstream GHG emissions on the
label could discourage future sales of EVs and PHEVs. EV and PHEV
advocacy organizations generally supported the proposal as well, also
citing that past label designs focused exclusively on vehicle
performance and arguing that regional differences in electricity
feedstocks make it impossible to provide a single upstream GHG
emissions value for EVs and PHEVs that would be meaningful to
consumers. One environmental group supported the proposal, but argued
for a more prominent display of the text indicating that the values are
tailpipe-only.
Nearly all environmental groups, academics, a Federal lab, and non-
electricity fuel advocacy groups who commented on this topic opposed
the proposal and endorsed the concept of including upstream GHG
emissions on the label. The primary argument was that providing
tailpipe-only GHG emissions would be confusing and/or misleading, as
some consumers might infer that operating a vehicle on grid electricity
has no greenhouse gas emissions impacts, and that this could lead to
adverse consumer purchase decisions if ``zero emissions'' was an
overriding selling point for a consumer.
A second argument from many of these commenters, as well as from
one automaker, was that the primary purpose of the label should be to
provide relevant consumer information, and that a label is not an
appropriate way to promote an individual technology, which they argued
this approach would do for electric vehicles if upstream emissions were
not included on the label. California Air Resources Board (ARB) stated
that upstream emissions would need to be reflected on the label in
order to adopt the national label in California. ARB later indicated
that, in the interest of a unified national label, this requirement
could be met through a label statement about additional emissions and
reference to a Web site where upstream values could be obtained.
However, only a few commenters endorsed a specific methodology for
determining upstream GHG emissions values. One joint environmental
group comment supported a universal upstream GHG emissions factor for
all vehicle operation off of the electric grid, similar to the approach
currently used by the ARB. Another environmental group suggested that
the label CO2 value for both EVs and PHEVs be an asterisk
instead of a numerical value, and the asterisk would be coupled with
label text directing the consumer to the Web site for customized,
regional-based upstream GHG emissions values.
The agencies are requiring a label which, as was proposed, will be
limited to tailpipe-only GHG emissions but will have more prominent
text to better emphasize the tailpipe-only metric. EVs will include the
clarifying statement, ``Does not include emissions from producing
electricity.'' Vehicles fueled without grid electricity will include
the statement, ``Producing and distributing fuel also create emissions;
learn more at fueleconomy.gov.'' For PHEVs, the text ``& electricity''
will be added after the word ``fuel.'' Detailed information (including
regional-specific values, when appropriate) regarding upstream
emissions for fuels will be provided on a Web site. For details on the
Web site
[[Page 39493]]
content and accessibility, please refer to Section III.I.
The agencies considered the merits of arguments both for and
against inclusion of upstream emissions information on the label itself
but ultimately concluded that retaining a tailpipe-only approach is
more appropriate for this consumer-oriented label. While the agencies
acknowledge, as discussed above, that substantial GHG emissions can be
created during the upstream production and distribution of various
automotive fuels, our reasoning for adopting a tailpipe-only approach
starts with the fact that the label's fundamental purpose is to present
information about the vehicle itself, rather than on a broader system.
Emissions from the tailpipe fall under the automaker's control; they
are a result of the product that the manufacturer produces.
The agencies agree that information on a vehicle's upstream
emissions may be useful for consumers, even if it is not central to the
purpose of the label. We also concluded that including upstream GHG
emissions on a Web site instead of the label is a more appropriate way
to communicate information regarding upstream emissions to consumers.
Because of the substantial variation in emissions associated with
electricity production from region to region, a label that presented a
single national average of upstream emissions could be more likely to
confuse consumers rather than help them, particularly if consumers are
aware that their regional electricity generation mix is different from
the national average, and could thereby detract from the label's
purpose. Due to different electricity generation fuels and
technologies, this level of variation is significant: from one region
to another, the highest-to-lowest upstream average GHG emission ratios
are roughly 3-to-1.\68\ If examined from a utility-by-utility
perspective, the ratio is even greater, at 75-to-1.\69\ For a national
label to present a single national average would be misleading and
inaccurate given such a wide range. The agencies are aware of arguments
that variation is also present in the gasoline prices used to calculate
fuels costs and/or savings on the label, but the typical range in
regional gasoline prices is much narrower (approximately 1.25-to-1)
\70\ than the range in upstream GHG emissions, and therefore adopting a
single average value for national gasoline prices seems more
appropriate.
---------------------------------------------------------------------------
\68\ Pechan & Associates, Inc., ``The Emissions & Generation
Resource Integrated Database for 2010 (eGRID2010 version 1.0) year
2007 Summary Tables,'' prepared for the U.S. Environmental
Protection Agency, Washington, DC, March 2011.
\69\ M. J. Bradley & Associates. (2010). Benchmarking Air
Emissions of the 100 Largest Electric Power Producers in the United
States.
\70\ . See EIA's Retail Gasoline Prices http://www.eia.doe.gov/oil_gas/petroleum/data_publications/wrgp/mogas_home_page.html
where, as of May 16, 2011, the highest city gasoline price, of the
10 cities represented, was $4.40 in Chicago, Illinois, and the
lowest was $3.70 in Denver, Colorado. This represents a high-to-low
range of 19%.
---------------------------------------------------------------------------
Even if the agencies were to conclude that including upstream GHG
emissions on the label were appropriate, given our concerns that a
national-average upstream value might not be helpful, we do not believe
that it would be practical for the label to present regional-specific
upstream data for every vehicle sold. Under that scenario, automakers
would not only need to reflect regional differences in power generation
fuel mixes but would also need to consider how state regulations could
affect emissions from electricity generation in the future; that is, a
label that adequately reflects expected GHG emissions over the
vehicle's useful life would need to project future changes in electric
utility emission rates on a regional-specific basis, which would be
challenging to accomplish in a meaningful way. Further, producing
individualized labels would be difficult and would introduce additional
complexity and costs for manufacturers, which the agencies did not
account for in our proposal.
However, the agencies believe that it is important and beneficial
to provide information on upstream GHG emissions to consumers for
certain advanced technology vehicles and are in the process of
developing a Web site in order to make such information available. We
believe that providing such data on a Web site has advantages over
presenting upstream information on the label. A Web site allows
consumers to access regionally specific data on electricity upstream
emissions and allows the agencies to present further information on
methodologies as needed. The information can also be updated more
quickly as new data becomes available. Further, presenting the
information online, rather than on the label, allows the label to
present more comprehensive information in a clearer, simpler manner,
which we believe will benefit consumers.
The agencies recognize that biofuels, such as the E85 that FFVs
use, will play an important role in reducing the nation's dependence on
foreign oil, thereby increasing domestic energy security. While the
majority of comments on upstream emissions pertained to emissions from
electricity production, the agencies also recognize that biofuels have
unique GHG emission characteristics. When considered on a lifecycle
basis (including both tailpipe and upstream emissions), the net GHG
emission impact of individual biofuels can vary significantly from both
petroleum-based fuels and from one biofuel to another. EPA's Renewable
Fuel Standard program, as modified by EISA, examined these differences
in lifecycle emissions in detail.\71\ For example, EPA found that with
respect to aggregate lifecycle emissions including non-tailpipe GHG
emissions (such as feedstock growth, transportation, fuel production,
and land use), lifecycle GHG emissions in 2022 for ethanol from corn,
using certain advanced production technologies, are about 20 percent
less than gasoline from oil.
---------------------------------------------------------------------------
\71\ http://www.epa.gov/otaq/renewablefuels/420f10006.htm
---------------------------------------------------------------------------
The agencies recognize that in the case of biofuels, ``upstream
emissions'' include not only GHG emissions, but also any biological
sequestration that takes place. For purposes of this discussion, the
term ``upstream emissions,'' when considered in the case of biofuels,
should be construed to encompass both GHG emissions and sequestration.
The agencies note that to the extent future policy decisions
involve upstream emissions, the agencies will need to consider not only
upstream emissions from electricity production, but also the unique
emission characteristics associated with biofuels.
Finally, the agencies agree with one commenter's suggestion to
indicate more clearly that the GHG emission values presented on the
label represent tailpipe-only emissions. In response, the agencies are
adopting a label with more prominent ``tailpipe only'' text as well as
a statement that information on upstream emissions can be found at the
Web site.
We have made this decision on the treatment of upstream emissions
for the fuel economy label for the reasons explained in this preamble.
This conclusion does not necessarily reflect any decisions that will be
made regarding upstream emissions in future greenhouse gas and fuel
economy rulemakings. In addition, the agencies will continue to
consider this issue over time.
In summary, the agencies are requiring a label with a tailpipe-only
GHG emissions rating as well as more clear and prominent text that the
rating includes only tailpipe GHG emissions
[[Page 39494]]
and that the consumer can go to the Web site for information on
upstream GHG emissions.
F. Smog Rating
In addition to fuel economy and greenhouse gas information, EISA
also requires that new vehicles be labeled with information reflecting
a vehicle's performance in terms of ``other emissions,'' using a rating
system that would make it easy for consumers to compare the other
emissions of automobiles at the point of purchase.\72\ The agencies
proposed that ``other emissions'' include those tailpipe emissions,
other than CO2, for which vehicles are required to meet
current emission standards. These emissions include criteria emissions
regulated under EPA's National Ambient Air Quality Standards and air
toxics and include the following smog-forming and other air pollutants:
---------------------------------------------------------------------------
\72\ 49 U.S.C. 32908(g)(1)(A).
---------------------------------------------------------------------------
NMOG--non-methane organic gases;
NOX--oxides of nitrogen;
PM--particulate matter;
CO--carbon monoxide; and
HCHO--formaldehyde.
The agencies proposed and requested comment on a one-to-ten rating
for ``other emissions'' in which each rating is associated with a bin
from the Federal Tier 2 emissions standards,\73\ or the comparable
California emissions standard,\74\ based on the fact that it was
impossible to provide a single aggregated rating reflecting an absolute
scale, and that separate absolute rating scales would have been unduly
cumbersome to present on the label.
---------------------------------------------------------------------------
\73\ 40 CFR part 86, subpart S.
\74\ The California Low-Emission Vehicle Regulations for
Passenger Cars, Light-Duty Trucks and Medium-Duty Vehicles, Title
13, California Code of Regulations (last amended March 29, 2010).
---------------------------------------------------------------------------
The majority of comments received were supportive of the proposed
option, indicating that it was a reasonable approach to distilling
complex information and was consistent with the approach used on the
EPA Green Vehicle Guide Web site and the California Environmental
Performance Label. Several commenters advocated changing the name on
the label from ``other air pollutants'' to the term ``smog,'' which
they felt was more meaningful for the general public and would be even
more directly consistent with the California Environmental Performance
Label. Finally, a few comments suggested that ``other air pollutants''
should be disaggregated and displayed separately for each air
pollutant.
The agencies are requiring, as proposed and as supported by most
comments, a label that displays a relative one-to-ten rating based on
Federal vehicle emission standards or comparable California emissions
standards. We are also requiring the suggested name change, as
consumers are already familiar with the connection between vehicle
emissions and smog, whereas ``other air pollutants'' is not currently
as meaningful. This will have the added benefit of promoting label
harmonization by better aligning with the California Environmental
Performance Label ``Smog Score'' that has been in existence for many
years.
Despite the fact that the EPCA and EISA language could be
interpreted to allow multiple ``other emissions'' rating scales on the
label, the agencies were not persuaded that having disaggregated
pollutant information on the label would benefit consumers. Based on
our consumer research,\75\ it appears that consumers do not currently
want more specificity when it comes to these air pollutants and, in
fact, could not make meaningful distinctions among these pollutants. In
addition, we do not believe that there is sufficient space on the label
to incorporate emissions information on the five pollutants addressed
through this rating scale without cluttering the label and risking
information overload. However, to address some consumers' interest in
more information, consumers will be able to access more detailed
information on the specific smog-forming pollutants that are covered
collectively on the label on fueleconomy.gov.
---------------------------------------------------------------------------
\75\ Environmental Protection Agency Fuel Economy Label: Phase 1
Focus Groups, EPA420-R-10-903, August 2010, p. 28.
---------------------------------------------------------------------------
The agencies acknowledge that this rating will multiply the number
of distinct labels relative to current labeling because of the
interaction between model types and test groups. Current labels are
based only on model types and present only fuel economy information.
However, emissions are based on test groups, and there may be multiple
test groups within a given model type. For example, a manufacturer with
two otherwise identical vehicles within a model type, where one is
certified to EPA emission standards and the other to more stringent
California standards, would only need one label today for all the
vehicles in that model type. This final rule would require that--
despite identical fuel economy results--the different vehicles have
different smog ratings and thus different label information. Any
incremental costs associated with this increase in distinct labels have
been addressed; as discussed in Section VI.A., the agencies received
comment from auto makers on the startup costs of the new labels,
including estimates of the IT needs to address new label requirements,
and incorporated their comments into the cost estimates.
The Smog Rating System for model year 2013 vehicles is shown in
Table F-1. The proposal discussed ratings based on current emission
standards; however, if those standards were to change in the future,
the ratings would no longer have a basis on which to be assigned.
Therefore, we clarify here that we intend to update the scoring
thresholds in the future to reflect the prevailing Federal and
California emissions standards. Any updates to the Smog Rating will be
included in the annual label manufacturer guidance document or in the
regulations via rulemaking.
Table F-1--Rating System for ``Other Emissions''
------------------------------------------------------------------------
EPA Tier 2 California Air
Smog rating emissions Resources Board LEV II
standard emissions standard
------------------------------------------------------------------------
10........................... Bin 1........... ZEV
9............................ N/A............. PZEV
8............................ Bin 2........... SULEV II
7............................ Bin 3........... N/A
6............................ Bin 4........... ULEV II
5............................ Bin 5........... LEV II
4............................ Bin 6........... LEV II opt 1
3............................ Bin 7........... N/A
2............................ Bin 8........... SULEV II large trucks
1............................ N/A............. ULEV & LEV II large
trucks
------------------------------------------------------------------------
G. Fuel Costs and Savings
As described in Section II.A, EPCA requires that labels shall
contain ``the estimated annual fuel cost of operating the automobile.''
In addition EPCA states that the labels shall contain other information
required or authorized by the EPA Administrator that is related to the
required information,\76\ such as the annual fuel cost. EPA proposed to
include annual fuel cost on all labels, and proposed a five year fuel
cost or savings compared to the average vehicle value on label 1, but
indicated that any label required could include the five year cost or
savings value.
---------------------------------------------------------------------------
\76\ 49 U.S.C. 32908(b).
---------------------------------------------------------------------------
1. Annual Fuel Cost
Focus groups conducted prior to the proposal provided mixed
feedback on the value of annual fuel cost. When asked, participants
were skeptical of the
[[Page 39495]]
use of estimated annual fuel cost, even when asked to consider whether
it could be a useful comparative metric across other vehicles of the
same model year. This skepticism arose from the recognition that the
value was based on assumptions of fuel prices and annual miles driven,
which many felt would not be personally applicable to their own driving
patterns. Nevertheless, participants consistently employed the annual
fuel cost (along with MPG) when asked to compare the efficiency of
conventional vehicles with that of advanced technology vehicles, like
PHEVs and EVs, with their less familiar set of energy metrics.\77\
Focus group participants involved in the previous update to the fuel
economy label were clearly interested in the annual fuel cost
figure.\78\ Recognizing the EPCA statutory requirement to display the
estimated annual fuel cost, EPA requested comment on whether it is a
useful comparative tool across technologies and, if so, how to best
communicate on the label that it is valid for this purpose. EPA also
sought comment on whether there might be an additional or alternative
way to display fuel cost information that might be more useful or have
a greater impact on consumers.
---------------------------------------------------------------------------
\77\ Environmental Protection Agency Fuel Economy Label: Phase 3
Focus Groups, EPA420-R-10-905, August 2010, p.37.
\78\ 71 FR 5466, February 1, 2006.
---------------------------------------------------------------------------
Comments on annual fuel cost generally acknowledged the statutory
requirement under EPCA and agreed that it provides a useful comparison
metric. Several commenters indicated that it was the most important
metric on the current fuel economy label, after MPG. The majority of
those who commented on it agreed that annual fuel cost should be
retained. Several commenters suggested that the $2.80 per gallon cost
figure shown on the example labels be made more realistic. Comments on
electric operation indicated that 15,000 miles per year is not
attainable for an EV unless it were to recharge more than once a day,
and suggested cents per mile as a useful metric; they did acknowledge,
however, that the annual cost could be used as a comparative tool. One
comment regarding PHEVs noted that annual fuel cost will vary
significantly depending on the relative use of gasoline and
electricity.
EPA is requiring the retention of annual fuel cost and its
underlying assumptions on the label. This satisfies the EPCA
requirement and provides continuity with the historical approach to
annual fuel cost, which is used by some consumers as a comparative
tool. EPA agrees that, as vehicle technologies diverge and it becomes
increasingly challenging to find comparative metrics, fuel cost is a
useful point of comparison. Consumers may compare the annual fuel cost
of various vehicles and consider that cost to be part of the ``price''
of the vehicle. Because of the importance of annual fuel cost, the
required label will make that cost quite prominent and conspicuous. EPA
will continue its practice of issuing annual guidance updating the
mileage and fuel cost assumptions, in consultation with the U.S.
Department of Energy's Energy Information Administration.\79\
---------------------------------------------------------------------------
\79\ Sample labels in the package use projections for the second
and third quarter of 2012, based on the EIA Short Term Energy
Outlook, May 2011.
---------------------------------------------------------------------------
2. Five Year Fuel Savings or Sending Compared to the Average Vehicle
EPA also proposed and requested comment on another approach to
presenting fuel cost information: Focusing on the savings attainable by
purchasing a vehicle that is relatively more fuel efficient or the
spending incurred when purchasing a vehicle that is relatively less
fuel efficient. This approach was specifically recommended by the
expert panel discussed in Section I.D, which noted that savings is a
more powerful message than annual cost.\80\ Although savings and
spending calculations would necessarily also rely on assumptions, EPA
believes that the value of the information to consumers is significant
enough to overcome these drawbacks.
---------------------------------------------------------------------------
\80\ Environmental Protection Agency Fuel Economy Label: Expert
Panel Report, EPA420-R-10-908, August 2010.
---------------------------------------------------------------------------
In the proposal, EPA explored a number of methods for calculating
savings and spending, and proposed a method that calculated the
difference in fuel costs of a vehicle over five years compared to the
projected median new vehicle for that model year. EPA proposed that
some vehicles would show a savings, while others would show consumers
spending more for fuel over five years compared to the reference
vehicle; these values would increase in magnitude the further the
vehicle is from the average vehicle in terms of fuel consumption. The
proposed approach appropriately reflects the fact that fuel cost
savings become larger as the fuel efficiency of a vehicle improves, and
conversely that fuel costs increase as fuel efficiency decreases
compared to the reference vehicle.
As with the fuel economy and greenhouse gas rating system and
comparable class information, EPA proposed to provide annual guidance
indicating the reference against which the fuel cost savings would be
measured, as well as the prices for all fuels.\81\ EPA proposed to
compare each labeled vehicle to a median vehicle, but to use
``average'' on the label as a more accessible term than ``median.'' EPA
anticipated updating the reference vehicle MPG value as the fleet fuel
efficiency changes in response to regulations and market forces.
Finally, EPA proposed to round the relative fuel cost or savings values
used on the label to the nearest one hundred dollars, to avoid implying
more precision than is warranted and for ease of recall. Vehicles that
are within fifty dollars of the reference vehicle fuel cost would be
designated as saving zero dollars.
---------------------------------------------------------------------------
\81\ We proposed that the reference five-year fuel cost be
calculated by applying the gasoline fuel price to the average miles
driven over the first five years of the reference vehicle's life,
assuming a particular fuel economy. The fuel economy value for the
reference vehicle would be based on the projected fuel economy value
of the median vehicle model type for sale the previous model year,
not sales-weighted, and adjusted based on projections regarding the
upcoming model year. The appropriate values would be provided in
guidance.
---------------------------------------------------------------------------
EPA sought comment on this and alternative approaches to conveying
fuel cost and savings information. EPA also sought comment on whether
there is a potential for consumer confusion caused by two different
dollar figures: the estimated annual fuel cost of operating the vehicle
and the five-year relative fuel savings/spending value compared to a
reference vehicle.
Many individual consumers, consumer advocacy groups, and
environmental advocacy groups expressed strong support for a five year
save or spend value compared to the average vehicle. These commenters
stated that clearly communicated operating costs or savings based on
fuel efficiency would be a useful comparison metric, and that the five
year save or spend value is a more powerful metric than annual fuel
cost. They suggested that, for those consumers considering advanced
technology vehicles with a higher sticker price but also a higher fuel
economy than conventional vehicles, the five year save or spend value
would be a valuable piece of information that would allow them to weigh
the impact of fuel savings over time against the up-front vehicle
purchase price.
Several industry organizations commented that a fuel cost or
savings value should be limited to a within class comparison.
Automotive manufacturers were primarily opposed to including the five
year save or spend value on the label, suggesting that the statutorily-
[[Page 39496]]
required annual cost is sufficient and the additional five year
information would be confusing. Many of these commenters noted that the
reference vehicle could be ambiguous or confusing, and some raised a
concern that the median vehicle and the average vehicle are not the
same. Some commenters said that five year save or spend value was
incomplete because it does not account for the time value of money nor
include up-front vehicle costs. A few commenters suggested that the
agencies use five-year fuel costs (annual fuel cost multiplied by five
years) rather than a comparison to the average vehicle costs; other
commenters suggested that a relative five year save or spend value
should be calculated based on a reference vehicle in the same class.
Several commenters noted that the value of a dollar and the cost of
fuel will undoubtedly vary during the five year period.
EPA believes that the utility of the five year save or spend value
compared to the average vehicle outweighs the concerns expressed by
commenters. Although the literature is mixed, many studies have
indicated that consumers may significantly undervalue (or overvalue)
potential fuel savings when deciding which vehicle to purchase.\82\ One
reason may be that consumers have difficulty accurately estimating fuel
costs and savings over time.\83\ Another reason may be that unless
relevant information is provided, those costs or savings, even if
significant, may not be sufficiently salient to consumers at the time
of purchase. The five-year fuel savings or spending value clearly
demonstrates the total comparative fuel costs and savings over a
timeframe that many vehicles are owned. Including it on the label will
help consumers to more easily weigh the long-term payback benefits of
purchasing a more fuel efficient vehicle or a vehicle that operates on
a less expensive fuel.
---------------------------------------------------------------------------
\82\ Greene, David L. ``How Consumers Value Fuel Economy: A
Literature Review,'' EPA Report EPA-420-R-10-008, March 2010, p.vi-
ix.
\83\ For evidence that consumers may make mistakes estimating
the fuel savings associated with higher fuel economy, see:
Turrentine, Thomas S. and Kurani, Kenneth S. ``Car buyers and fuel
economy?'' Energy Policy 35:1213-1223 (2007) and Larrick, R.P. and
J.B. Soll, ``The MPG illusion,'' Science 320:1593-1594 (2008). For a
more complete discussion of reasons consumers may undervalue future
fuel savings, see 75 F.R. 25510-25513; and Helfand, Gloria, and
Wolverton, Ann, ``Evaluating the Consumer Response to Fuel Economy:
A Review of the Literature, '' U.S. Environmental Protection Agency,
National Center for Environmental Economics Working Paper 09-04
(2009), p.23-30, available at http://yosemite.epa.gov/EE/epa/eed.nsf/WPNumber/2009-04?OpenDocument (last accessed 3/18/11).
---------------------------------------------------------------------------
In response to a concern that the median vehicle and the average
vehicle are not the same, EPA is requiring a simple change to the
proposed algorithm for estimating the reference vehicle for fuel costs
over five years. For consistency, EPA will use the same reference point
that is used to define the break between a rating of 5 and a rating of
6 on the fuel economy and greenhouse gas scale (see Section III.D).
This addresses the concerns expressed in comment, as the term
``average'' now is represented by the label MPG value that corresponds
with the projected achieved CAFE level for the fleet on a sales-
weighted basis for that same model year. That is, the vehicles
indicated on the label as ``you save'' in fuel costs over five years
will have a fuel economy that is better than the projected average
level for the fleet for that model year, while those indicating ``you
spend'' will be below the projected average. The five-year average cost
will be calculated for this average vehicle, using the same annual
mileage and gasoline fuel cost assumptions used for the annual cost
estimate, multiplied by five years. As proposed, this reference five-
year cost value representing the average vehicle will be published in
EPA guidance, along with the upcoming projected fuel costs and annual
mileage assumptions.
While EPA agrees that some consumers may not fully understand the
reference point for the five year save or spend value, EPA nevertheless
believes that showing relative costs or savings has significant value
in helping consumers understand that fuel efficiency can substantially
affect the relative operating costs among vehicles. In particular, EPA
believes that communicating to consumers a vehicle's fuel costs
relative to the costs of the average new model offered for sale, and
over a timeframe commensurate with vehicle ownership, will highlight
the importance of future fuel costs and allow them to be more readily
factored into the buying decision. To clarify the average vehicle
reference point, the ``Compared to the average vehicle'' text is being
increased in prominence. In addition, explanatory text is being added
to the label which says ``The average new vehicle gets X MPG and costs
$Y to fuel over 5 years.'' The agencies believe that this additional
text should aid consumer understanding about the reference point.
EPA considered using five-year fuel cost (annual fuel cost
multiplied by five-years) instead of the comparative five year save or
spend value. However, as discussed above, EPA concluded that showing
the relative costs or savings has additional merit that is not
immediately gleaned from a five-year cost value. EPA and the Department
of Energy provide similar information online for appliances as part of
their Energy Star program.\84\ In addition, since annual fuel cost is
also on the label, consumers can easily use the information on the
label to calculate their own five-year fuel costs, if desired.
---------------------------------------------------------------------------
\84\ For example see ``Savings Calculator'' at: http://www.energystar.gov/index.cfm?fuseaction=find_a_product.showProductGroup&pgw_code=CW (last accessed 3/17/11). This
spreadsheet allows users to estimate the potential savings from
using Energy Star-qualified clothes washers instead of conventional
clothes washers.
---------------------------------------------------------------------------
EPA also considered using economic projections of future dollar
values and fuel costs to calculate the five year save or spend value,
but concluded that doing so would make the calculations unnecessarily
confusing to the consumer while providing limited additional value.
Many people in the public think in terms of simple calculations or
payback periods when considering long-term costs or savings. As EPA
learned from the focus groups, consumers are skeptical of any
calculations involving fuel costs, because the price of fuel fluctuates
greatly, and personal driving habits also vary. Adding additional
complexities to the calculation would probably further confuse
consumers and thus contribute to their skepticism. Our hope is that
consumers will recognize that this value is most useful for comparison
purposes, and not as an exact measure of actual fuel costs.
EPA does not agree with comments suggesting that the five year save
or spend value should be based on a within class comparison, because
EPA's research demonstrated that most shoppers search for vehicles that
fall into more than one class. In addition, having multiple reference
vehicles--one for each class--would create unnecessary confusion for
the consumer. Therefore, the relative five year save or spend value
will be compared to one reference vehicle, as described above.
EPA acknowledges that there is some potential for confusion created
by having both annual fuel costs and the relative five year save or
spend values on the label. It believes, however, that for many
consumers, the two figures may prove complementary: Consumers are able
both to see absolute cost on an annual basis and to learn how much they
will save or spend compared to the average vehicle over a relevant
period. To reduce the risk of confusion, the label will display the
five year save or spend value and the annual fuel cost in distinct
locations on the label, with
[[Page 39497]]
prominent differentiating text (see Figure I-1).
H. Range and Charge Time
1. Range
Vehicle cruising range--the calculated distance that a vehicle can
travel given its fuel economy and fuel tank capacity--has not
historically been provided on the fuel economy label. However, in the
focus groups conducted for this rulemaking, it became clear that many
people were interested in this piece of information, but only for
advanced technology vehicles, with which there is little familiarity.
Accordingly, EPA proposed that vehicle range be included on the label
for vehicles that use electricity, proposed that it not be included on
labels for vehicles that operate on liquid fuels, and sought comment on
whether range should be included on labels for vehicles that operate on
non-petroleum fuels other than electricity.
EPA did not receive a large number of comments on range. Of the
comments that were received, nearly all supported including range for
some or all alternative fuel vehicles. Several commenters supported the
inclusion of range for all alternative fuel vehicles, with the goal of
harmonizing with the Federal Trade Commission \85\ so that its separate
label would no longer be necessary. One commenter opposed the inclusion
of range on an already ``crowded'' label, but did state that if range
were included on EV and PHEV labels, then it should also be included on
CNG labels.
---------------------------------------------------------------------------
\85\ The Federal Trade Commission requires a label that displays
cruising range for all alternative fuel vehicles and vehicles
capable of utilizing alternative fuels. See 16 CFR part 309, Subpart
C.
---------------------------------------------------------------------------
EPA is requiring the inclusion of range on all non-petroleum and
advanced technology vehicle labels, e.g., for CNG, EV, PHEV, and
hydrogen FCV vehicles. As supported by commenters, EPA continues to
believe that range is an important piece of information for potential
purchasers of these vehicles, since they typically cannot travel as far
on a refueling as can a conventional gasoline vehicle, and the
refueling infrastructure for non-liquid fuels is currently limited. EPA
also agrees with several commenters that including range on the new
fuel economy and environment label may set the stage for possible
future action by the Federal Trade Commission to withdraw its separate
cruising range label for alternative fuel vehicles. In response to some
commenters' concern about the ability to generate meaningful range
estimates for PHEV labels, EPA recognizes that the real-world
variability in PHEV range values, particularly in the all-electric or
battery assist mode, will be much higher than with conventional
vehicles. Nevertheless, a laboratory-based repeatable test gives a
basis for comparison, despite real-world variability, and the final
label requires an all electric range value for all PHEVs. EPA's market
research suggests that many consumers want an objective comparative
metric for range that they can use to determine whether an advanced
technology vehicle might be right for them.\86\
---------------------------------------------------------------------------
\86\ Environmental Protection Agency Fuel Economy Label: Phase 2
Focus Groups, EPA420-R-10-904, August 2010.
---------------------------------------------------------------------------
EPA is also finalizing an option for vehicle manufacturers to
voluntarily include E85 range information on the labels for ethanol
flexible fuel vehicles. The potential benefit to a manufacturer is
that, should it take advantage of this option, the Federal Trade
Commission might decide that a separate driving range label is no
longer required. The final regulations provide templates that
illustrate how labels with this optional information should appear, and
any company choosing to provide driving range information must display
that information according to the regulations. EPA encourages
manufacturers to provide this optional E85 driving range information,
particularly in cases where refueling opportunities may be limited and/
or the driving range is substantially less than what consumers are used
to experiencing with typical conventional fuel vehicles.
2. Battery Charging Information
Battery charging information was included on two of the three EV
and PHEV label designs in the proposed rule. As noted in the proposal,
EPA believes that the amount of time it takes to charge an EV or PHEV
battery is important to consumers. This was widely supported by the
focus groups, where participants often expressed a strong interest in
seeing battery charging information on the EV and PHEV labels. EPA
proposed that the label include battery charging time using a standard
wall outlet supplying 120 volts, with an option for the manufacturer to
alternatively specify a 240 volt charge time if the higher voltage is
recommended or required by the manufacturer.
A majority of commenters on the subject, including automotive
manufacturers and consumer groups, supported including charge time
information on the label. Some of these commenters suggested that
charge time should be based on 240V, as this would be consistent with
the recommendation in the owner's manual and would reflect the manner
in which EVs and PHEVs are likely to be typically charged. Several
comments suggested that a range of charge times should be provided,
given the possible use of different voltage levels. A minority of
commenters, largely comprised of electric vehicle manufactures and
advocacy organizations, suggested that charging information should not
be on the label, largely because of concerns of oversimplification of
the range of possible charge times given charging conditions, as well
as label overcrowding. These commenters suggested that the charging
information could be provided on EPA's Web site instead.
EPA is requiring charging time information on the label of EVs and
PHEVs, with one key difference from the proposal. The final regulations
require that manufacturers display charging time based on the use of a
dedicated 240 volt charging system, with the option of displaying
charging time based on the use of a standard 120 volt wall outlet. It
is our belief that the owners of these vehicles will, in a significant
majority of cases, install dedicated 240 volt outlets to use for
charging their vehicles.\87\ Doing so will dramatically decrease the
amount of time it takes to charge the battery, thus minimizing one of
the perceived limitations of vehicles that use electricity and
maximizing the utility and availability of the vehicle. However, to
address the possibility that not all EV/PHEV owners will install
dedicated 240 volt outlets, a manufacturer may instead report the 120
volt charging time on the label if, for example, their vehicle is not
capable of receiving 240 volts, or if the manufacturer believes that
their buyers will typically use 120 volt and will prefer that
information instead.
---------------------------------------------------------------------------
\87\ U.S. Environmental Protection Agency, U.S. Department of
Transportation, California Air Resources Board Interim Joint
Technical Assessment Report: Light-Duty Vehicle Greenhouse Gas
Emission Standards and Corporate Average Fuel Economy Standards for
Model Years 2017-2025. Chapter 4. September 2010.
---------------------------------------------------------------------------
I. Web Site and QR Code
EPA proposed and requested comment on adding a new, prominent URL
on the label that would direct consumers to a detailed, interactive
consumer Web site. EPA also proposed including a QR Code[supreg] that
could be scanned by a device such as a smartphone and reach the same
Web site.
[[Page 39498]]
All those who commented on the topic supported the development of a
comprehensive Web site, indicating that it is crucial to achieving a
simpler label while also providing consumers with access to detailed
information. Commenters also liked the idea of having a Web site that
can more accurately reflect their likely personal experience with a
vehicle. The majority of comments received also supported the inclusion
of the QR Code[supreg] on the label. EPA evaluated other two-
dimensional bar codes suggested by commenters and found that the
advantages of the QR Code[supreg] significantly outweighed the
potential advantages of other options. The QR Code[supreg] is free to
use, in the public domain, does not require entering into a business
relationship with private industry, and perhaps most significantly, is
described in an ISO standard which is incorporated by reference in the
final regulations. The ISO standard allows the agencies to clearly and
completely describe in regulatory language the process for generating a
QR Code[supreg], a necessity of the structure of our program.
EPA is moving forward with developing new Web site content on the
existing fueleconomy.gov site. New content will be available prior to
the date that labels are required to appear on vehicles (MY 2013), and
will further explain the label's content, metrics, and methodologies.
In addition to the label-specific information, consumers can use
fueleconomy.gov's tools to compare and personalize fuel economy and
environmental values across vehicles. New content on this Web site will
include an enhanced emissions calculator that will allow consumers to
determine an EV's or PHEV's potential upstream greenhouse gas
emissions, based on the vehicle's efficiency and regional electricity
emissions rates. This functionality will give consumers more accurate,
regional-specific upstream emissions information than is possible on a
static, national label. The Web calculator may also allow consumers to
estimate the upstream GHG emissions associated with the operation of
gasoline, diesel, and CNG vehicles using national averages.
In order to address consumers' growing interest in having
information accessible via smartphones, EPA is including a QR
Code[supreg] on the new label.\88\ When a smartphone user scans the QR
Code[supreg] on the label, information on that particular vehicle from
the EPA Web site will be displayed on the handheld device. Though
several commenters suggested linking to the auto manufacturers'
vehicle-specific Web sites from the QR Code[supreg], EPA determined
that linking to a government Web site was the best way to provide
consumers with ``just the facts.'' The content will be similar to what
will be available on the label Web site, but geared to a smartphone
platform. The user can then take advantage of many of the Web site's
tools and vehicle comparisons from his/her phone while shopping at a
dealership.
---------------------------------------------------------------------------
\88\ QR (or ``quick response'') Codes are simply two-dimensional
bar codes used to store information. In this case the information is
a Web site URL. The term QR Code[supreg] is a registered trademark
of Denso Wave Incorporated, which owns the patent rights to the QR
Code. However, the patent right is not exercised, allowing the
specification of the QR Code[supreg] to be disclosed and open for
widespread use. For more information, see http://www.denso-wave.com/en/adcd/index.html.
---------------------------------------------------------------------------
J. Color
All of the proposed labels utilized color to draw attention and
highlight information for consumers. However, each of the two proposed
label options used color in different ways. The color on Label 1 was
assigned based on the letter grade rating of the vehicle, using color
as a comparison tool, whereas the color on Label 2 was determined by
the vehicle technology and fuel type, using color as a vehicle
identifier.
NHTSA and EPA received comments from a wide variety of
organizations supporting the use of color on the label. These
commenters noted that color draws attention and results in a more
influential label than black and white, and that the incremental cost
of achieving color would be worthwhile. These comments especially
supported using colors to differentiate important information for the
consumer, such as vehicle ratings or five-year fuel costs. On the other
hand, automobile manufacturers were concerned about the use of color on
the label, especially any label design that would require color
printing at the point of vehicle assembly or port of entry. In
addition, they expressed concern that colors in the labels might fade,
that they might be difficult to see through tinted windows, that the
increased complexity of these labels would lead to compliance concerns,
and that some colors might deter consumers from considering some
vehicles. The manufactures were specifically concerned with the
``warning'' connotation that the colors red, orange, and yellow convey.
Currently, several manufacturers use color on their Monroney
labels; however, most of those manufactures utilize a standard,
preprinted color background (for example, a company logo in color) for
all vehicles and then print with black ink on top of the preprinted
background. The proposed labels would require either printing the
entire label in color, or managing several preprinted color backgrounds
and printing with black ink on top of the preprinted and collated
backgrounds. Either of these methods would increase the amount of lead
time required by manufacturers and would add cost and complexity to the
printing process. These concerns ultimately led the agencies to
simplify the color scheme on the final label.
The final label will use one color, blue, for all vehicles to
highlight important aspects of the label. The agencies chose not to use
red as the primary color on the label due to the perceived ``warning''
message that it can convey. Conversely, we decided not to use green on
all of the labels because we did not want to imply that all vehicles
are green (i.e. clean) vehicles. The agencies were also advised that
the color blue does not fade to a different color (green for example,
can fade into yellow). The label has been designed to facilitate
printing with black ink on a preprinted background. In addition, the
color on the label satisfies the requirements of California to have
``at least one color ink * * * in addition to black.''\89\ As discussed
in Section III.L.2, this allows for harmonization of labels, which was
a key request the agencies received from the automakers.
---------------------------------------------------------------------------
\89\ California Air Pollution Control Laws, Health and Safety
Code, Division 26, Part 5, Chapter 2, Section 43200.1 (b)(2)(D).
---------------------------------------------------------------------------
K. Lead Time
The agencies proposed that the new label take effect for the 2012
model year, in anticipation of advanced technology vehicles entering
the market that would require labels which addressed their particular
attributes. For those advanced technology vehicles expected to enter
the market in model year 2011, EPA indicated that we would work with
individual manufacturers to develop interim labels that would be
consistent with the proposal on a case by case basis, using our current
authority. The proposed timing would also coincide with the recent
joint rulemaking by EPA and NHTSA that established harmonized Federal
GHG emissions and CAFE standards for new cars, sport utility vehicles,
minivans, and pickup trucks for model years 2012 through 2016.\90\ We
also proposed to provide 30 days of lead-time for automobile
manufacturers and importers to update the label template and upgrade
printing
[[Page 39499]]
capabilities in order to implement these new requirements in the 2012
model year. This timing, given rule finalization in December 2010, was
projected to capture the majority of the 2012 model year.
---------------------------------------------------------------------------
\90\ See 75 FR 25324, May 7, 2010.
---------------------------------------------------------------------------
Automakers commented that they would need significantly more lead-
time to adopt a revised label, explaining that the implementation
process was much more complex than buying off-the shelf colors
printers. Specifically, these commenters referenced (1) a detailed
process of integrating multiple Information Technology systems in order
to properly assign the new label elements to the correct vehicle, (2)
redesign of the vehicle Monroney label if the footprint for the fuel
economy and environment label changed from that of the current fuel
economy label, and (3) the need to print new label stock or acquire and
integrate new printers in order to launch a new label. Automakers
typically expected that implementing these procedures would take on the
order of six to ten months, although comments suggested lead-times from
a low end of 19 weeks to a high end of the model year following the one
year anniversary of the final rule. Several automotive commenters
suggested making the new label requirements effective with the 2013
model year, assuming that sufficient lead-time was also allotted.
Some commenters supported the proposal to implement the new label
at the start of a model year, noting that this would dovetail with the
changeover in manufacturing processes. Implementing the label at the
beginning of the model year would thus allow for a change in the
labeling procedure when the production line was idle, minimizing costs
and the chances of mislabeling. Doing so would also minimize public
confusion that could arise from two different label designs appearing
on two vehicles of the same model and model year. However, not all
those who commented on lead-time felt that a change at the start of a
model year was important, given their particular manufacturing
procedures, and requested the flexibility for voluntary early adoption,
which could prevent having duplicate systems in place.
The detailed description of the required procedural steps persuaded
EPA and NHTSA that additional lead-time is necessary for automakers to
properly implement the revised label without undue burden and error.
NHTSA and EPA also agree that, for many manufacturers, switching at the
start of the model year would be the least burdensome and most logical
approach. Finally, the rulemaking is being completed several months
beyond when originally planned, which would capture only a portion of
the 2012 model year. An EPA analysis of the timeframe of vehicle
certifications over the past several years, using confidential
information submitted by automotive manufacturers, revealed that fewer
than 20% of the total labels for the model year are typically issued by
the end of May, 40% by the end of June, and 60-70% by mid-August. We do
not think it would enhance public understanding for a new label to be
required on less than half of the vehicle models in that model year.
Thus, the agencies are requiring that the revised label be applied
to all model year 2013 and later vehicles. The rule will be effective
30 days after publication, and manufacturers may optionally adopt the
label for the remaining portion of the 2012 model year after that date.
This approach provides the manufacturers with the most flexibility and
several extra months of lead-time prior to the start of the 2013 model
year, while providing consistency across the entire 2013 model year to
minimize public confusion. We acknowledge that this lead-time, while
significantly longer than that proposed, is less than that requested by
certain commenters. However, the final label designs address many of
the considerations that manufacturers raised as necessitating
additional lead-time. Specifically, the minimum footprint of the
current fuel economy label has been retained, thus eliminating the need
for redesign of the Monroney label layout. In addition, the labels have
been designed to eliminate the need for color printers on the line and,
for the most part, to use a single pre-printed card stock, thus
removing the lead-time steps that would have been needed to integrate
either color printers or multiple card stocks in continuous use. We
therefore believe that it will be possible for manufacturers to make
the necessary changes in their labeling processes in the lead-time
allotted.
L. Harmonization With Other Labels
As noted previously, Executive Order 13563, section 3, specifically
draws attention to the importance of avoiding redundant, inconsistent,
or overlapping requirements, and directs agencies to take steps to
reduce ``costs by simplifying and harmonizing rules.''
1. Federal Trade Commission
The Federal Trade Commission (FTC) currently requires that
alternative fuel vehicles display a label that reports the driving
range of the vehicle.\91\ The dedicated alternative fuel vehicle label
displays the estimated city and highway driving ranges on the
alternative fuel, and the label for dual fuel vehicles (e.g., flexible
fuel vehicles, or FFVs) displays the estimated city and highway driving
ranges on both fuels.\92\ Alternative fuels (especially non-petroleum
alternative fuels) may have lower energy densities, thus resulting in
potentially reduced driving ranges relative to conventional fuels, and
it is important for consumers to be able to understand this when
considering the purchase of an alternative fuel vehicle. Among the
vehicles currently labeled by EPA, the FTC label applies to vehicles
that operate on electricity, ethanol, compressed natural gas, hydrogen,
or on combinations of these fuels and conventional gasoline or diesel
fuel (e.g., FFVs and PHEVs).
---------------------------------------------------------------------------
\91\ 16 CFR Part 309.
\92\ Note that while EPA does not currently require any
comparative fuel information on FFV labels, EPA regulations have
allowed manufacturers to optionally include the ethanol MPG and
annual cost values since 2007. See 40 CFR 600.307-08.
---------------------------------------------------------------------------
EPA did not specifically propose to harmonize with the FTC
regulations such that a single label would satisfy the multiple and
sometimes overlapping EPA, DOT, and FTC requirements. However, EPA did
recognize in the proposal that there could be an opportunity for such
harmonization that would depend on whether or not the FTC ultimately
could conclude that the EPA/DOT label could satisfy their statutory
requirements.\93\ The relevant FTC statute specifically allows for the
information to appear on labels placed on vehicles as the result of
other Federal requirements.\94\ Labels that were proposed to include
range information and that are required to include this information
(e.g., EVs, PHEVs, hydrogen FCV, and CNG-fueled vehicles) may in fact
meet the FTC's statutory requirements, although the FTC will ultimately
need to make a formal decision as to whether vehicles with these labels
meet the FTC label requirements.
---------------------------------------------------------------------------
\93\ 75 FR 58112 (Sept. 23, 2010).
\94\ 42 U.S.C. 13232(a) states that the FTC labels ``shall be
simple and, where appropriate, consolidated with other labels
providing information to the consumer.''
---------------------------------------------------------------------------
The agencies are requiring a label for ethanol flexible fuel
vehicles that is consistent with the principles of the current policy:
all label metrics are based on gasoline operation, a statement is
provided so that the consumer knows that the values are based on
gasoline
[[Page 39500]]
operation,\95\ and manufacturers may voluntarily include fuel economy
estimates on E85 (which would be based on miles per gallon of E85,
given that E85 is a liquid fuel). In addition, manufactures may
optionally include the driving range on gasoline and on E85. As with
the required range information on non-petroleum and advanced technology
vehicles, the FTC will need to make a formal decision as to whether
vehicles with these labels meet the FTC label requirements.
---------------------------------------------------------------------------
\95\ The slightly revised statement is ``Values are based on
gasoline and do not reflect performance and ratings based on E85.''
---------------------------------------------------------------------------
The FTC has indicated that they will evaluate the labels in this
final rule and ultimately make a determination as to whether or not the
labels for alternative fuel vehicles that include range information are
sufficient to meet the FTC statutory requirements.
2. California Air Resources Board
To provide vehicle emissions information to consumers, the
California Air Resources Board (ARB) has required new vehicles to have
a Smog Index label since the 1998 model year, and an Environmental
Performance Label (EPL), with both the Smog Index and a Global Warming
Index, for all vehicles produced since Jan 1, 2009.\96\ These labels,
which must be displayed in all new vehicles sold and registered in the
state of California,\97\ depict relative emissions of smog-forming
pollutants and, separately gases that contribute to global warming. In
the proposal, the agencies acknowledged that the EPL required similar
information to the proposed labels, but did not suggest harmonizing
with the EPL.
---------------------------------------------------------------------------
\96\ State of California Air Resources Board, ``California
Environmental Performance Label Specifications for 2009 and
Subsequent Model Year Passenger Cars, Light-Duty Trucks, and Medium-
Duty Passenger Vehicles.'' Adopted May 2, 2008.
\97\ And those Clean Air Act Section 177 states that have chosen
to adopt the California Environmental Performance Label.
---------------------------------------------------------------------------
Nevertheless, many auto manufacturers and their associations
commented about the desirability of a single, unified national label.
These comments stated that it would be a cost-saving measure, increase
clear space on the window, and reduce the potential for consumer
confusion that could occur with two different labels presenting vehicle
emissions information. Notably, the California Air Resources Board
(ARB) commented that it believed that two labels with environmental
information would be confusing and that its goal is to accept a
national fuel economy and environment label that would meet its
statutory obligations under the California Assembly Bill 1229 of
2005.\98\
---------------------------------------------------------------------------
\98\ California Air Pollution Control Laws, Health and Safety
Code, Division 26 Air Resources, Part 5 Vehicular Air Pollution
Control, Chapter 2 New Motor Vehicles, Sections 43200 and 43200.1.
---------------------------------------------------------------------------
In discussing the possibility of harmonization, the California Air
Resources Board commented specifically that it is obligated to address
upstream emissions of greenhouse gases, stating that, ``One suggested
solution, should EPA and NHTSA decide not to include upstream emissions
on the label nationally, would be to set aside a blank space for
automakers to include upstream emissions for California. This may be a
workable compromise that would allow us to adopt the National Label.''
\99\ ARB also commented that its statute requires that the label
include a statement that motor vehicles are a primary contributor to
global warming and smog, either in conjunction with any upstream
language or in the border of the label, and that ARB adopt either an
``index that provides quantitative information in a continuous, easy-to
read scale'' \100\ or an alternative graphical representation if input
from a public workshop indicates that it will be a more effective way
to convey the information. ARB also stated that its label must also
represent emissions relative to all new vehicles, and explained that
after a public workshop, ARB had adopted a one-to-ten scale for both
the smog and global warming indexes. Finally, according to their
comments, under ARB's controlling statute,\101\ the label must include
at least one ink color other than black.
---------------------------------------------------------------------------
\99\ Docket number EPA-HQ-OAR-2009-0865-7527.1.
\100\ Id.
\101\ California Air Pollution Control Laws, Health and Safety
Code, Division 26, Part 5, Chapter 2, Section 43200.1 (b)(2)(D).
---------------------------------------------------------------------------
In order to try to facilitate label harmonization to reduce OEM
costs associated with labeling and potential consumer confusion at the
possibility of two environment-related labels on new vehicles, NHTSA
and EPA are adopting label provisions that the agencies believe will
address California's requirements. Specifically, the label includes
both ``smog'' (``other emissions,'' as discussed above) and greenhouse
gas ratings relative to all new vehicles, using a one-to-ten format
that is consistent with ARB's historical approach. In response to ARB's
request to address upstream emissions, the label will include language
pointing the public to a Web site that will provide upstream emissions
values, including regional-specific values for electricity generation.
EVs will include the statement, ``Does not include emissions from
producing electricity.'' Vehicles fueled without grid electricity will
include the statement, ``Producing and distributing fuel also create
emissions; learn more at fueleconomy.gov.'' For PHEVs, the text ``&
electricity'' will be added after the word ``fuel.'' The label will
also address California's requirement for additional consumer language
by including this statement, ``Vehicle emissions are a significant
cause of climate change and smog.''
The agencies have worked closely with ARB in developing a label
that will meet their needs. We believe that ARB will evaluate the
labels in this final rule with the intention of making a positive
determination that the labels can serve to meet their statutory
requirements as an alternative to the California Environmental
Performance Label.
M. Electric and Plug-In Hybrid Electric Vehicle Test Procedures
1. Electric Vehicles
In the NPRM, EPA proposed that, for fuel economy and emissions
certification testing of electric vehicles, manufacturers continue to
use the Society of Automotive Engineers recommended practice SAE J1634,
Electric Vehicle Energy Consumption and Range Test Procedure, as
published in October 2002. EPA also proposed that the reissued SAE
J1634 may be referenced by the EPA after the reissued SAE J1634 is
published.
Comments in regard to the continued use of the procedures in SAE
J1634 and EPA's continued involvement with SAE, ARB, and industry were
generally positive. Some commenters were concerned with the potential
length of test time required to follow SAE J1634, as EV range is
expected to increase throughout the industry. Other commenters were
concerned over the complexity associated with new test procedures and
recommended that EPA and NHTSA consider a flexible regulatory mechanism
to address any technical or procedural issues in the future.
In the final rule EPA will continue to require the same procedures
as described in SAE J1634 as published in October 2002. The EPA will
review SAE J1634 after revision. Manufacturers may use alternate
methods of testing to the procedures described in SAE J1634 with prior
Administrator approval. In addition, EPA will no longer reference the
ARB document entitled ``California Exhaust Emission Standards and Test
Procedures for 2003 and Subsequent Model Zero-Emission Vehicles and
2001
[[Page 39501]]
and Subsequent Model Hybrid Electric Vehicles, in the Passenger Car,
Light Duty Truck, and Medium-Duty Vehicle Classes'' as currently
referenced in 40 CFR 86.1811-04(n). This reference change is in
response to some commenters' concern over all electric vehicles not
necessarily meeting the ARB definition of a Zero-Emission Vehicle and
the inability to locate the exact document as referenced.
EPA may add additional allowable test procedures in the future. As
electric vehicle testing experience develops, technical or procedural
changes may also be addressed in the future.
Fuel economy and electric range estimates are measured during
``city'' and ``highway'' operation. Electric vehicles are tested to
fulfill several requirements including Corporate Average Fuel Economy,
fuel economy label values, and other compliance programs. Beginning in
the 2008 model year,\102\ all vehicles tested for fuel economy labeling
purposes had to use the new ``5-cycle'' fuel economy methodology which
either required testing all vehicles over five test cycles or applying
an equivalent 5-cycle correction, referred to as the derived MPG-based
approach, to 2-cycle testing. This 5-cycle method was meant to correct
test laboratory values to ``real world'' estimates. For alternative
fueled vehicles, including electric vehicles, manufacturers will
continue to have the option of fuel economy testing over all five test
cycles or applying a derived MPG-based approach to 2-cycle testing.
---------------------------------------------------------------------------
\102\ 71 FR 77872, December 27, 2006.
---------------------------------------------------------------------------
The 2-cycle testing includes the Federal test procedure (FTP) and
the highway fuel economy dynamometer procedure. The FTP, or ``city'',
and HFED, or ``highway'', procedures are used for calculating CAFE and
can be used to calculate appropriate fuel economy label values and
other compliance requirements.
The 5-cycle testing methodology for electric vehicles is still
under development at the time of this final rule. This final rule will
address 2-cycle and the derived adjustments to the 2-cycle testing, for
electric vehicles. As 5-cycle testing methodology develops, EPA may
address alternate test procedures. EPA regulations allow test methods
alternate to the 2-cycle and derived 5-cycle to be used with
Administrator approval.
(a) FTP or ``City'' Test
The proposed procedure for testing and measuring fuel economy and
vehicle driving range for electric vehicles was similar to the process
used by the average consumer to calculate the fuel economy of their
personal vehicle, using the distance the vehicle can operate until the
battery would be discharged to the point where it could no longer
provide sufficient propulsive energy. For range testing, the distance
used to calculate electrical consumption is defined as the point at
which an electric vehicle cannot maintain the speed tolerances as
expressed in 40 CFR 86.115-78. This distance would be measured and
divided by the total amount of electrical energy necessary to fully
recharge the battery. The resulting electrical consumption and range
would be the raw test values used in calculating CAFE city and
calculating fuel economy label city values.
Several commenters voiced concern over the test procedures
associated with electric vehicles and the ongoing efforts in industry,
specifically in SAE taskgroup SAE J1634, to address electric vehicle
testing issues. SAE J1634 efforts include not only abbreviating the
repetitive nature of the currently referenced version of SAE J1634 but
also addressing the ``cold, fully charged start'' portion of EV testing
and how this portion affects the range and fuel consumption. EPA may
allow future SAE practices. Manufacturers may use test procedures other
than the procedures described with prior Administrator approval.
The final stage of the electric vehicle FTP test procedure is the
measurement of the electrical energy used to operate the vehicle. The
end of test recharging procedure is intended to return the rechargeable
energy storage system (RESS) to the full charge equivalent of the pre-
test conditions. The recharging procedure must start within three hours
after completing the EV testing. The vehicle will remain on charge for
a minimum of 12 hours to a maximum of 36 hours. After reaching full
charge and the minimum soak time of 12 hours, the manufacturer may
physically disconnect the RESS from the grid. The alternating current
(AC) watt-hours must be recorded throughout the charge time. It is
important that the vehicle soak conditions must not be violated. The
measured AC watt-hours must include the efficiency of the charging
system. The measured AC watt hours are intended to reflect all
applicable electricity consumption including charger losses, battery
and vehicle conditioning during the recharge and soak, and the
electricity consumption during the drive cycles. The AC integrated amp-
hours are to be measured between the outlet and the Electric Vehicle
Service Equipment. If there is no EVSE, for example in 120V charging,
the amperage is to be measured between the outlet and the charger.
Manufacturers may use voltage stabilizing equipment with prior
Administrator approval.
The raw electricity consumption rate is calculated by dividing the
above recharge AC watt-hours by the distance traveled before the end of
the test criteria is reached. For electric vehicles that are not low
powered, the end of test criteria is the point at which the vehicle can
no longer maintain the speed tolerances as expressed in 40 CFR 86.115-
78. Both the city consumption and city range procedures are as proposed
in the NPRM with the above additions.
(b) Highway Fuel Economy Dynamometer Procedure or ``Highway'' Test
The Highway Fuel Economy Dynamometer Procedure or ``Highway'' Test
actually consists of 2 cycles of the Highway Fuel Economy Driving
Schedule (HFEDS). Similar to the FTP test procedure, the ``highway''
test will require procedures as described in SAE J1634 as published
October 2002. The dynamometer procedures will be conducted pursuant to
40 CFR 600.111 with the exceptions that electric vehicles will run
consecutive cycles of the HFEDS until the end of test criteria is
reached. Subsequent HFEDS pairs may require up to 30 minutes of soak
time between HFEDS pairs due to facility limitations. Between cycle
pairs, the vehicle hood is to be closed and the cooling fans shut off.
Between starts, the RESS is not to be charged.
Comments, specific to electric vehicle highway testing, included
concern over the ``cold'' highway test. Conventional vehicles have no
equivalent requirement to highway test from a ``cold start''. As with
the FTP or ``city'' test, alternate ``highway'' test method procedures
as described in SAE J1634 may be used with prior Administrator
approval. The Administrator may approve alternative methods or test
procedures to account for ``cold'' highway losses.
Both the highway consumption and highway range procedures are as
proposed in the NPRM with the above additions. The recharging
procedures following the highway testing are as proposed in the NPRM
with the above additions from the recharging event following the
``city'' testing.
(c) Other EV Test Procedures
Commenters expressed concern over possible testing and measurement
issues that may be of issue with emergent EV technologies. Due to the
unforeseeable nature of possible issues of yet-to-be-
[[Page 39502]]
developed EV technologies, the Agency requires a method of addressing
possible future concerns in a timely manner. To address the rapidly
evolving nature of some EV technologies, the Administrator may approve
additional EV test procedures including SAE J1634 published after this
notice.
(d) Charge Time
Several commenters voiced concern over the need for a procedure for
measuring charge time. Charge time is meant to estimate the required
time needed to bring the EV from ``empty'' or minimum usable battery
energy to ``full'' or maximum usable battery energy. The ``empty'' or
minimum usable battery energy would be the battery state of charge at
the end of the range test. A vehicle that has completed the range and
consumption test would be considered ``empty'' until it was recharged,
provided no regenerative braking or other charging was allowed before
the actual recharge procedure.
Defining the ``full'' or maximum usable battery energy state is
required for charge time measurement. The ``full'' charge is the energy
battery state of charge required to achieve the range as measured
during the range tests above. Since vehicles may have electrical
parasitic losses after the ``full'' charge is met, end of charge for
the purposes of charge time may be less than the recharge and soak time
associated with range and consumption testing. EPA may define charge
time procedures as experience allows.
2. Plug-in Hybrid Electric Vehicles
(a) PHEV Test Procedure Rationale
Test procedures for plug-in hybrid electric vehicles (PHEV) are
required to quantify some operation unique to plug-in hybrids. The PHEV
test procedures in this rule use existing test cycles and test
procedures where applicable. PHEV operation can be generally classified
into two modes of operation, charge-depleting and charge-sustaining
operation. Charge-depleting operation can be described as vehicle
operation where the rechargeable energy storage system (RESS), commonly
batteries, is being depleted of its ``wall'' charge. Charge-sustaining
operation can best be described as conventional hybrid operation, where
the energy from consumption of fuel by the internal combustion engine
is directly or indirectly the source of charge or recharging of the
RESS.
EPA has largely referenced SAE recommended practice SAE J1711,
Recommended Practice for Measuring the Exhaust Emissions and Fuel
Economy of Hybrid-Electric Vehicles, Including Plug-in Hybrid Vehicles,
as published June 2010. EPA worked with stakeholders in developing SAE
J1711 including manufacturers, Department of Energy, and the California
Air Resources Board. EPA involvement in SAE J1711 was to help develop
testing procedures that could be used as ``building blocks'' from which
regulatory requirements could be determined.
Several commenters requested EPA expand the SAE J1711 references
beyond just sections 3 and 4. EPA will reference additional sections
for SAE J1711 but will refrain from referencing SAE J1711 in total. EPA
has referenced SAE J1711 test procedures as required to fulfill
regulatory requirements. For conditions not specifically addressed in
this rule, where conflicts exist between SAE J1711 and 40 CFR Part 86,
Part 86 shall apply.
As described above, charge-sustaining operation can best be
described as conventional hybrid operation. Commenters to the proposed
rule expressed concern in having different procedures for plug-in
hybrid charge-sustaining testing than for conventional hybrid electric
vehicles (HEV). The intent of the proposed rule was to test PHEVs in
charge-sustaining mode the same as equivalent HEVs. Major differences
in proposed PHEV charge-sustaining testing and HEV testing included
RESS state of charge tolerances and RESS state of charge correction.
This rule establishes the same exhaust test procedures for both HEVs
and PHEVs while in charge-sustaining operation. This includes
referencing Appendix C of SAE J1711 for net energy change correction.
Manufacturers intending to use net energy correction methods will need
prior Administrator approval. EPA may adopt state of charge (SOC)
tolerances and net energy change (NEC) correction methods as testing
experience develops.
For the purposes of fuel economy label values, PHEVs may continue
to use the derived 5-cycle adjustment while in charge-depleting mode.
Commenters voiced concern and asked for clarification over the method
of applying the derived 5-cycle correction to charge-depleting label
values. As clarification, the derived 5-cycle adjustment will be
applied to the total city and total highway fuel economies, separately.
The total fuel economies in charge-depleting mode include all of the
fuels consumed, typically gas and electricity, as expressed in a miles
per gallon of gasoline equivalent unit. Applying the derived 5-cycle
correction to the gasoline and electricity consumption, in charge
depleting mode, separately could lead to a larger adjustment than other
single fueled vehicles since the 5-cycle correction is not linear with
respect to fuel economy.
While in charge-sustaining mode, PHEV label value testing is
subject to the same test procedures as conventional hybrid electric
vehicles. This includes all the 5-cycle implications.
PHEVs must meet all applicable emissions standards regardless of
RESS state of charge. Some commenters wanted EPA to average criteria
pollutants over multiple modes of operation based upon projected
fractions of driving in each respective mode. While this may be
acceptable for CO2 and fuel economy, averaging criteria
pollutants over all modes of operation is not consistent with current
emissions regulations. EPA will continue to consider the state of
charge of a RESS as an adjustable parameter for the sake of emissions
testing. EPA typically allows good engineering judgment in applying
worse case emission testing criteria. This worse case testing insures
all modes of vehicle operation are emissions compliant. It is the
manufacturer's responsibility to insure vehicles are emissions
compliant in all modes of operation. EPA may confirmatory test or
request the manufacturer to provide test data for any required test
cycle at any state of charge. For the purposes of emissions testing,
EPA will start with the general assumption that charge-sustaining
operation is worse case. Evaluation of fuel economy testing emissions
may be used to change worse case emissions assumptions, including the
assumption that worse case for emissions testing is charge-sustaining
operation.
The Alliance of Automobile Manufactures, along with several of its
members, expressed concern over the possibility of a ``double cold''
penalty while transitioning from charge-depleting to charge-sustaining
operation during FTP testing. The concern was that the ``cold penalty''
could be the result of two circumstances.
One ``cold penalty'' could be shifting the cold engine start to the
hot restart portion of the FTP. Currently, for the FTP, the hot start
portion is weighted 57% and the cold start is weighted 43% of
calculating the final emissions result. By shifting the cold start or
multiple cold starts to the hot start phase, the Alliance argues that
PHEVs are potentially held to a higher standard than conventional
vehicles or conventional hybrids. EPA does not agree with this line of
reasoning. The cold and hot start phases of the FTP are not only engine
but also vehicle
[[Page 39503]]
conditions. By virtue of how PHEVs may operate, an engine cold start
could indeed be moved to the hot start portion of the FTP or to any
portion of any test cycle during mode transition. It is the
manufacturer's responsibility to ensure the vehicle can pass the FTP
emissions tests. One method manufacturers could employ would be to
monitor the RESS SOC and idle the engine in order to light off the
catalysts before any load is applied to the engine. A blended mode PHEV
could potentially cycle the engine so little that the exhaust system
could cool. Multiple cold starts, within one phase, and starts at
vehicle speed represent real world concerns. Furthermore, an engine
cold start in the hot start portion of the test would mean that the
cold start portion of the test had no emissions. Zero emissions in the
cold start phase would mitigate the cold start/hot start weighting of
the FTP results.
The second ``cold penalty'' could be cold starting the engine at
the very end of the stabilized portion of the cold start phase and then
starting the engine again in the hot start phase with a nearly cold
engine. Commenters had the similar concerns that a ``double cold''
start would hold PHEVs to a higher standard than other vehicles.
Commenters argued that current conventional vehicle ``drive through''
their cold starts whereas a PHEV that starts late in the cold start
phase would be similar to a conventional or conventional hybrid vehicle
that was driven a very short distance and turned off, only to be
restarted soon afterward. These commenters believed PHEVs would only
undergo one cold start per trip, much like conventional vehicles, just
that the test procedure technicalities may force a ``double cold'' that
will likely not exist in the real world anymore than conventional
vehicle ``double cold'' starts. EPA agrees that PHEVs would normally
have only one cold start during typical continuous driving of 12 miles,
which the FTP represents. To remedy this concern of PHEVs being held to
driving cycle than results in more than the one typical cold start,
this rule will allow manufacturers to substitute the charge-sustaining
data for the second Urban Dynamometer Driving Schedule (UDDS), or the
hot start test, for the second UDDS of charge-depleting ftp for
emissions other than CO2. Holding PHEVs to a ``double cold''
start may be increasing the stringency of the current emissions
standard just as requiring conventional vehicles to pass current
standards without an idle period or inserting a cold restart in the ftp
to represent driveway or valet maneuvers would increase the stringency
of the current emissions standard.
(b) PHEV Test Procedure and Calculations
(1) Charge-Depleting Operation--FTP or ``City'' Test and HFET or
``Highway'' Test
The EPA has incorporated by reference SAE J1711, as published in
June 2010, chapters 3 and 4 for definitions and test procedures, where
appropriate. For conditions not specifically addressed in this rule,
where conflicts exist between SAE J1711 and 40 CFR Part 86, Part 86
shall apply. In this rule, where SAE J1711 is referenced, the June 2010
revision is assumed to be the referenced version. Commenters were
concerned over an increased void rate of charge-depleting tests due to
the length of repetitive cycles needed to finish the charge-depleting
testing. To address this concern, this rule will adopt the speed
tolerance violation section, 3.6.2, in SAEJ1711. Additional speed
tolerance violations may be approved by the Administrator. The
Administrator may also approve deviations outside of currently allowed
ambient vehicle soak conditions to reduce the likelihood of voiding
extended testing.
For the purposes of charge-depleting CO2 and fuel
economy testing, manufacturers may elect to report one measurement per
phase (one bag per UDDS). Exhaust emissions need not be reported or
measured in phases where the engine does not operate. Requiring exhaust
emissions sampling during test cycles where the engine does not operate
would increase void rate and possibly slow testing.
End of test recharging procedure is intended to return the
rechargeable energy storage system (RESS) to a full charge equivalent
to pre test conditions. The recharge AC watt-hours must be recorded
throughout the charge time. The measured AC watt-hours are intended to
reflect all applicable electricity consumption including charger
losses, battery and vehicle conditioning during the recharge and soak,
and the electricity consumption during the drive cycles. To capture all
the losses, the AC amp-hours and voltage would be measured between the
``wall'' and the Electric Vehicle Service Equipment. Alternate recharge
measurements may be approved by the Administrator.
Net Energy Change (NEC) tolerance is to be applied to the RESS to
confirm charge-sustaining operation. The EPA is adopting the 1% of fuel
energy NEC state of charge criteria as expressed in SAE J1711. The
Administrator may approve alternate NEC tolerances and or state of
charge correction factors.
Preconditioning special procedures are optional for traditional
``warm'' test cycles that are now required to test starting at full
RESS charge due to charge-depleting range testing. If the vehicle is
equipped with a charge-sustaining switch, the preconditioning cycle may
be conducted per 600.111 provided that the RESS is not charged. Exhaust
emission measurements are not required in preconditioning drives.
Alternate vehicle warm up strategies may be approved by the
Administrator. This will allow a method for starting ``warm'' test
cycles with a fully charged battery.
(2) Hybrid Charge-Sustaining Operation--FTP or ``City'' Test and HFET
or ``Highway'' Test
The EPA has incorporated by reference SAE J1711 Chapters 3 and 4
for definitions and test procedures, where appropriate. For conditions
not specifically addressed in this rule, where conflicts exist between
SAE J1711 and 40 CFR Part 86, Part 86 shall apply.
Commenters expressed the need for aligning test procedures between
hybrids and PHEVs, while in charge-sustaining operation. The intent of
this rule is to test hybrid and plug-in hybrids, while in charge-
sustaining operation, in the same manner. This will in effect negate
the requirement in 40 CFR 86.1811-04(n) that manufacturers must use ARB
procedures in the document entitled California Exhaust Emission
Standards and Test Procedures and Subsequent Model Zero-Emission
Vehicles and 2001 and Subsequent Hybrid Electric Vehicles, in the
Passenger Car, Light Duty Truck, and Medium-Duty Vehicle Classes.
Therefore, this requirement will be deleted from the regulation.
NECtolerance, is to be applied to the RESS to confirm charge-
sustaining operation. The EPA is adopting the 1% of fuel energy NEC
state of charge criteria as expressed in SAE J1711. The Administrator
may approve alternate NEC tolerances and or state of charge correction
factors.
(3) Charge-Depleting Range Determination
Commenters were concerned that the charge-depleting range
determination as proposed was not specific enough and could be prone to
variation from ``false trigger'' electrical noise. To address commenter
concern and due to recent testing experience, this rule references
sections 6.1.3.1 and 6.1.3.2 of SAE J1711
[[Page 39504]]
for Actual Charge-Depleting Range (RCDA) calculation.
Calculation of RCDA using the referenced methods implies
that there is no charge-depleting range for vehicles that cannot
complete one test cycle in charge-depleting mode. This is consistent
throughout this rule. There is no requirement or need, by EPA, to
calculate charge-depleting ranges below one UDDS or one HFET for either
blended mode or all-electric capable PHEVs.
3. Other Test Cycles
Several commenters voiced concern over applying SAE J1711 to test
cycles other than the FTP and HFED. PHEV and electric vehicle testing
over the SC03, US06, or Cold CO test cycles follow the same general
procedure as the FTP and HFED. Applying possible 5-cycle calculations
to produce charge-depleting fuel economy and CO2 emissions
is not required as the derived 5-cycle is allowed during charge-
depleting mode. Methods to apply the 5-cycle calculation to PHEV
charge-depleting testing require Administrator approval.
4. Test Tolerances
Commenters supported the flexibility of allowing increased state of
charge tolerances and correction factors. As proposed, state of charge
tolerance correction factors may be approved by the Administrator. RESS
state of charge tolerances beyond the 1% of fuel energy as specified in
SAE J1711 may be approved by the Administrator.
5. Mileage and Service Accumulation
Several commenters expressed concern over the minimum and maximum
allowable test vehicle accumulated mileage for both EVs and PHEVs.
Manufacturers claimed that, due to the nature of PHEV and EV operation,
testing may require many more vehicle miles than conventional vehicles.
Furthermore, electric motors may not receive the same benefit of
vehicle mileage to fuel consumption. This rule will allow manufacturers
to subtract non-engine operating miles from the vehicle mileage, with
prior Administrator approval. The EV maximum accumulated mileage may
also be extended with prior Administrator approval. The Administrator
may approve additional or alternate maximum mileage and fuel economy
correction.
6. Test Fuels
As proposed, electric vehicles and PHEVs are to be recharged using
the supplied manufacturer method provided that the methods are
available to consumers. This method could include the electricity
service requirements such as service amperage, voltage, and phase.
Commenters were supportive of the allowance for manufacturers to employ
voltage regulators in order to reduce test to test variability with
prior Administrator approval. Therefore, this rule will allow voltage
regulators with prior Administrator approval, as proposed.
7. Charge Time
Plug-in hybrid electric vehicle and electric vehicles share many of
the same requirements and concerns. This rule will use the same general
charge time procedure for PHEVs as expressed above for electric
vehicles.
N. Utility Factors
1. Utility Factor Background
Current PHEV designs use two types of energy sources: (1) An
onboard battery, charged by plugging the vehicle into the electrical
grid, that powers an electric motor, as well as (2) a conventional
engine. Depending on how these vehicles are operated, they could, in
any particular mode of operation, use ``wall'' or grid electricity
exclusively, operate like a conventional hybrid, or operate in some
combination of these two modes. For those metrics where a single,
overall value is desired, a method is required to combine metrics from
multiple modes of operation into a single value. The agencies proposed
to use a utility factor (UF) approach for calculating these overall
metrics. Most commenters agreed with the general approach of using UFs.
The new labels require overall metrics for 5-year fuel savings,
annual fuel cost, CO2 emissions, and the fuel economy and
greenhouse gas rating. EPA has chosen to use the UF approach to
calculate the overall values for these metrics.
EPA has worked closely with stakeholders including vehicle
manufacturers, the Society of Automotive Engineers (SAE), the State of
California, the Department of Energy (DOE), and others to develop an
approach for calculating and applying UFs. UFs were developed using
data from the 2001 Department of Transportation ``National Household
Travel Survey.'' A detailed method of UF development can be found in
the Society of Automotive Engineers (SAE) J2841 ``Utility Factor
Definitions for Plug-In Hybrid Electric Vehicles Using Travel Survey
Data,'' as published in September 2010. Where SAEJ2841 is referenced in
this rule, the 2010 revision is assumed to be the referenced version.
SAE documents can be obtained at http://www.SAE.org. By using a UF, it
is possible to determine a weighted average of the multiple modes. For
example, a vehicle that had a charge-depleting range that corresponded
to a UF of 0.8 would indicate that an all-electric capable PHEV
operates in an all electric mode 80% of the time and operates in hybrid
mode using an engine the other 20% of the time. In this example, the
weighted average fuel economy value and cost would be influenced more
by the electricity use than the engine operation.
For the purposes of PHEVs, UF development makes several
assumptions. Assumptions include: The first mode of operation is always
electric assist or all electric drive, vehicles will be charged once
per day, and future PHEV drivers will follow drive patterns exhibited
by the drivers in the surveys used in SAE J2841. EPA acknowledges that
current understanding of the above assumptions and the data upon which
UFs were developed may change. Some commenters believed that these
assumptions may change quickly; therefore, EPA may change the
application of UFs in the light of new data.
2. General Application of Utility Factors
Utility factors can be applied cycle-specific (urban/highway) and
with respect to fleet miles or to an individual's expected driving
behavior.
Cycle-specific UFs portray the different driving behaviors of
highway versus urban driving. This is to say that typical highway
driving is generally at greater speeds and for greater distances than
urban driving.
Fleet UFs weight driving behavior based upon miles traveled over a
fleet of vehicles. The data used to develop fleet UFs are distance
weighted. Distance weighting allows for a truer reflection in
CO2 inventories and corporate average fuel economies than an
individual UF.
The data used in developing individual UFs equally weight driver
behavior data regardless of distance travelled over several days.
Individual UFs would be used to project an ``average consumer's'' fuel
economy or vehicle CO2 emissions, whereas the fleet UF would
project the fuel economy or vehicle CO2 emissions of the
average mile travelled. In summary, fleet utility UFs are better for
estimating fleet fuel economy and CO2 inventories, and
individual UFs are better for estimating an individual's expectation of
fuel economy.
[[Page 39505]]
Since cycle-specific fleet UFs best predict fleet CO2
emission inventories, cycle-specific fleet UFs will be used in
calculating PHEV CO2 emissions for compliance and non-dual
fueled PHEVs CAFE calculations. CAFE dual fueled calculations and
definitions are described in Title 49 United States Code, chapter 329.
In chapter 329, a dual fueled vehicle fuel economy is the 50/50
harmonic average of the fuel economy from each mode of operation.
Since individual UFs best predict an individual's experience,
individual UFs, specifically multi-day individual UFs, will be used in
calculating the combined MPGe label value reflected in the fuel economy
and greenhouse gas rating on the label. Some commenters preferred the
use of cycle-specific individual multi-day UFs for this purpose.
However, EPA could not mathematically justify applying the multi-day
data to both the cycle-specific approach and the 55/45 city/highway
average used in calculating combined label MPGe values; individual UFs
do not lend themselves to the 55/45 city/highway split. In addition,
the multi-day individual utility factors (MDIUFs) are listed in
SAEJ2841, whereas only a calculation method for the cycle-specific
MDIUF is listed in SAEJ2841. The fact that only combined MPGe values
will be reflected on the label also limits the differences between
MDIUFs and cycle-specific MDIUFs. This assessment was shared by some
commenters. Therefore, MDIUFs will be used for all FE label
applications that require the use of UFs.
3. Using Cycle-Specific Utility Factors
Commenters requested that UFs and examples of their use be in the
final rule. This rule contains the calculated UFs for each application.
As proposed, cycle distance is used in calculating UFs rather than
distance driven. In the case of derived 5-cycle adjusted values, UFs
are adjusted appropriately to reflect the increased fuel consumption
and decreased charge-depleting range. Detailed calculation examples and
work sheets for each required value may follow this rule in guidance.
4. Low-Powered Vehicles
Since PHEVs shall use UFs assigned by test cycle length, a
provision is needed for low-powered vehicles that cannot drive the
entire test cycle distance. Using assigned UFs for low powered vehicles
could over-estimate UFs. Due to the possible significant difference in
cycle versus driven distances, PHEVs using the low-powered vehicle
provision in 40 CFR 86.115-78(b)(4) shall use the provisions for low-
powered vehicles as written in this rule.
IV. Final Label Designs and Format
This section addresses the agencies' final decisions on the fuel
economy and environment label designs, describing the relative
placement of the elements on the label and discussing how the agencies
have chosen to incorporate the decisions described in Section III. We
show designs for gasoline, diesel, and flexible-fuel vehicles and for
CNG, electric, plug-in electric hybrid, and fuel cell vehicles. We note
that, if vehicle technologies come onto the market that are not
addressed by any of these final labels, the agencies will use their
existing authority to develop labels as needed and, to the extent
possible, will make those labels consistent with those being finalized
today.
All descriptions in this section are meant to reflect the label
designs as illustrated; if in question, please refer to the illustrated
labels for clarification. All label designs are specific as shown; that
is, labels in use on actual vehicles are to reflect the label elements,
colors, shape, size, wording, and graphics, as shown and without
change, unless otherwise noted. It is important to note that although
all of the label designs shown in this section make use of color, this
Federal Register notice is capable of only displaying gray-scale
versions. Full color versions can be viewed and/or downloaded from the
docket (search for docket number EPA-HQ-OAR-2009-0865141 or docket
number NHTSA-2010-0087 at http://www.regulations.gov) or from the
agencies' Web sites where all information related to this action will
be posted (http://www.epa.gov/fueleconomy/regulations.htm and http://www.nhtsa.gov/fuel-economy). To the extent possible this section will
describe the use of color on the labels, but interested parties should
view the color versions to understand the full effect of the label
designs. In addition, the labels published below may be smaller than
the minimum size required by the final regulations.
A. Label Size and Border
Each label will have a minimum size requirement of 4.5 inches tall
by 7 inches wide, identical to the minimum size requirements for the
current fuel economy label. Labels will have a black border that is
consistent in relative size across all labels. This content includes,
in the upper border, elements that identify the label and the vehicle
type: from left to right, the acronyms ``EPA'' and ``DOT'', stacked as
shown; the label title, ``Fuel Economy and Environment'' and a
descriptor of the vehicle fuel type, using both an icon and specific
wording--e.g., a fuel pump icon and the words ``Gasoline Vehicle.''
This latter element--the vehicle fuel type icon and descriptor--will
have a blue rather than black background, to draw attention to this
variable element for the viewer.
The lower border includes, starting at the left, the statement,
``Actual results will vary for many reasons, including driving
conditions and how you drive and maintain your vehicle,'' thus
continuing a tradition of having a statement on the label informing the
buyer that the values on the label are not guaranteed, and reasons why
they might vary. This is followed by a statement about the mileage and
fuel price assumptions used to make the cost estimates on the label;
the fuel price assumptions will be specific to the fuel type(s) and to
the model year.\103\ The next sentence gives the mileage and 5-year
fuel cost for the average vehicle, which is important context for the
5-year savings or cost value shown in the right-hand corner of the
label. For those vehicles that are classified as dual-fuel vehicles for
the purposes of CAFE, the fact that they are dual-fuel will also be
stated in this portion of the label. The next sentence defines MPGe.
The final sentence states, ``Vehicle emissions are a significant source
of climate change and smog.''
---------------------------------------------------------------------------
\103\ As with the current fuel economy label, EPA will obtain
the projected prices for all fuels from the Energy Information
Administration's Short-Term Energy Outlook prior to the start of the
model year, and will issue the values to be used on the label via
manufacturer guidance. Values on the sample labels in this document
are for illustrative purposes only.
---------------------------------------------------------------------------
Beneath this text, the label border prominently displays
``fueleconomy.gov,'' the government Web site that consumers can visit
to obtain more information about the values on the label and to compare
those values among vehicles, and a brief statement describing the
function of the Web site, ``Calculate personalized estimates and
compare vehicles.'' This Web site name and statement takes the place of
and serves the same purpose as the former statement on the label, which
informed the public where they could obtain copies of the Fuel Economy
Guide to compare vehicles.\104\ The right end of the lower border
includes the vehicle-specific QR code for use with smartphones, which,
when scanned, will reach the same Web site. Finally,
[[Page 39506]]
the lower border includes the seals of the agencies involved in
providing this information to the public: EPA, DOT, and DOE.
---------------------------------------------------------------------------
\104\ 49 U.S.C. 32908(b)(1)(D) requires that the label have ``a
statement that a booklet is available from the dealer to assist in
making a comparison of fuel economy * * *'' This booklet is now made
available primarily through online access, where it can be used
directly or downloaded and printed.
---------------------------------------------------------------------------
B. Upper Box
The upper box of the label contains the information the agencies
have determined have the most meaning to and importance for the public.
Key elements from the current label are grouped together on the left,
and new elements are primarily on the right.
Specifically, the upper left position displays fuel economy \105\;
based on our consumer research, the agencies believe that this
statutorily required metric is the most sought after and used by the
public and, thus, have chosen to place it in the most prominent
position on the label. In a departure from the current fuel economy
label--which emphasizes separate city and highway fuel economy values--
this label emphasizes the combined city/highway value, in recognition
of the additional information on the label which is competing for both
physical and cognitive space. The label retains the city and highway
fuel economy values in smaller font near the larger combined value, to
provide continuity with the current label and in recognition of
consumer feedback that separate city and highway fuel economy values
may be useful if the consumer believes their driving is more weighted
toward one or the other. Text shows the range of fuel economy values of
the vehicle's comparable fuel economy class, in accordance with the
EPCA requirement, as well as the highest fuel economy value among all
vehicles.\106\ Labels for FFVs will include the clarifying statement,
``Values are based on gasoline and do not reflect performance and
ratings based on E85.'' The upper left corner also provides a new but
related metric, the fuel consumption value. We chose to situate fuel
consumption near fuel economy to emphasize the relationship between
these two values and help consumers begin to understand this new fuel
consumption metric. Those vehicles that are subject to the gas guzzler
tax \107\ will include the dollar value of that tax and the words ``gas
guzzler tax'' next to fuel consumption value.
---------------------------------------------------------------------------
\105\ Fuel economy is displayed as MPG for liquid fuels and MPGe
for non-liquid fuels.
\106\ 49 U.S.C. 32908(b)(1)(C).
\107\ 40 CFR 600.314.
---------------------------------------------------------------------------
This portion of the label has a different format for vehicles that
have two modes of consuming energy, such as plug-in hybrid electric
vehicles. For these vehicles, the energy use of the first (charge-
depleting) mode is conveyed separately from the energy use of the
second (charge-sustaining) mode. These values are coupled with the
likely cruising range of the first mode on a full charge, displayed on
the driving range bar just below these values. Each mode contains the
combined city/highway MPG or MPGe value, the fuel consumption value(s),
and a title describing the fuel type (e.g., ``Electricity,''
``Electricity + Gasoline,'' ``Gasoline Only'') and the appropriate fuel
type icons. We believe that this combination of information conveys in
the most succinct and accurate way both the energy use that the
consumer can expect, the fuels needed to achieve those values, and
comparative MPG and MPGe metrics. Finally, the time needed for a full
charge will be displayed near the MPGe for the first (charge-depleting)
mode, since charging is linked directly to the energy consumption in
the first mode.
For those labels displaying driving range, the range bar graphics
will be placed directly below the fuel economy and fuel consumption
values. This placement was chosen because of the correlation between
range and energy use and in recognition of the significant public
interest in range for advanced technology vehicles. All PHEV labels
show an all electric range value. For those PHEVs with no blended
operation (i.e., electricity plus gasoline operation), the phrase all
electric range is on the driving range bar and the all electric range
numerical value is just below the appropriate point on the driving
range bar. For those PHEVs with blended operation, the phrase ``All
electric range = ---- miles'' is just below the driving range bar, and
the total range for electricity plus gasoline operation is shown on the
driving range bar. For vehicles that utilize electricity, charge time
is also placed in the left portion of the upper box.
The right side of the upper box contains the five-year fuel cost
saving value, in a relatively large size, to introduce this new metric
in a way that will maximize the opportunity for it to be recognized and
used.
C. Lower Box
The lower left portion of the label provides the annual fuel cost
estimate, which, like fuel economy, is contained on the current label
as required by EPCA.
The lower right portion of the label contains the slider bars that
consumers can use to determine the relative fuel economy and
environmental ratings of a vehicle. The fuel economy and greenhouse gas
rating slider bar, discussed above in Section III.C., is placed on the
left.. This slider bar conveys the estimated fuel economy and tailpipe
greenhouse gas emissions of the vehicle relative to all new vehicles,
in accordance with the EISA requirement.\108\ The fuel economy and
greenhouse gas ratings are grouped on a single slider bar because they
are closely related to each other and the agencies believe that fewer
slider bars reduce the risk of confusion and information overload.
---------------------------------------------------------------------------
\108\ 49 U.S.C. 32908(g)(1)(A)(ii).
---------------------------------------------------------------------------
For most vehicles, including all gasoline vehicles, the fuel
economy and greenhouse gas ratings will be the same and will share a
single marker on the slider bar. Some non-gasoline vehicles may have
slightly different fuel economy and greenhouse gas ratings, and in
these cases two different markers will be used. Immediately below the
fuel economy and greenhouse gas rating will be text giving the grams
CO2 per mile tailpipe value for the vehicle, the lowest
tailpipe CO2 gram per mile value among all vehicles. EVs will also
include the statement, ``Does not include emissions from producing
electricity.'' Vehicles fueled without grid electricity will include
the statement, ``Producing and distributing fuel also create emissions;
learn more at fueleconomy.gov.'' For PHEVs, the text ``& electricity''
will be added after the word ``fuel.''. This statement was added in
response to comments that consumers may be interested in learning more
about vehicle upstream emissions impacts, and in order to facilitate
potential harmonization with the California Air Resources Board's
Environmental Performance Label.
The right portion of the lower part of the label contains the
relative one-to-ten slider bar for tailpipe emissions of smog-forming
``other emissions'' pollutants.
D. Example Labels
Note: Example labels do not represent real vehicles or the
numerical values to be included on any specific label.
BILLING CODE 6560-50-P
[[Page 39507]]
[GRAPHIC] [TIFF OMITTED] TR06JY11.001
[GRAPHIC] [TIFF OMITTED] TR06JY11.002
[[Page 39508]]
[GRAPHIC] [TIFF OMITTED] TR06JY11.003
[GRAPHIC] [TIFF OMITTED] TR06JY11.004
[[Page 39509]]
[GRAPHIC] [TIFF OMITTED] TR06JY11.005
[GRAPHIC] [TIFF OMITTED] TR06JY11.006
[[Page 39510]]
[GRAPHIC] [TIFF OMITTED] TR06JY11.007
[GRAPHIC] [TIFF OMITTED] TR06JY11.008
[[Page 39511]]
[GRAPHIC] [TIFF OMITTED] TR06JY11.009
[GRAPHIC] [TIFF OMITTED] TR06JY11.010
BILLING CODE 6560-50-C
V. Additional Related EPA Actions
A. Comparable Class Categories
EPCA requires that the label include the range of fuel economy of
comparable vehicles of all manufacturers.\109\ EPA's comparable class
structure provides a basis for comparing a vehicle's fuel
[[Page 39512]]
economy to that of other vehicles in its class.\110\ The definitions of
vehicle classes were last revised by EPA's 2006 labeling final rule.
That action required two specific changes to the vehicle class
structure. Separate new classes were added for sport utility vehicles
(SUVs) and minivans (these were previously included in the Special
Purpose Vehicle category), and the weight limit for Small Pickup Trucks
was increased from 4,500 pounds gross vehicle weight rating (GVWR) to
6,000 pounds GVWR. These were non-controversial changes that were
generally seen as a move to keep the class structure as current as
possible given the changing vehicle market. The resulting structure is
one that contains nine car categories, five truck categories, and a
``special purpose vehicle'' category. It should also be noted that the
EPA-defined vehicle classes are used only to provide consumer
information about fuel economy and serve no other regulatory purpose.
---------------------------------------------------------------------------
\109\ 49 U.S.C. 32908(b)(1)(C).
\110\ 40 CFR 600.315-08.
---------------------------------------------------------------------------
Consistent with the distinction currently made between small and
large pickup trucks, EPA proposed to divide the SUV class into small
and large SUVs. We do not believe that it is appropriate, for example,
to include a Toyota RAV4 in the same class as a Toyota Sequoia, or a
Ford Escape in the same class as a Ford Expedition. Starting with the
2013 model year the single SUV category currently described in the
regulations is replaced by the two following proposed categories:
Small sport utility vehicles: Sport utility vehicles with
a gross vehicle weight rating less than 6,000 pounds.
Standard sport utility vehicles: Sport utility vehicles
with a gross vehicle weight rating of 6,000 pounds up to 10,000 pounds.
Although the standard pickup truck class only goes up to 8,500 pounds
GVWR, SUVs between 8,500 and 10,000 pounds GVWR are defined as medium-
duty passenger vehicles, and they are subject to fuel economy labeling
starting with the 2011 model year.
EPA received generally favorable comments regarding this proposed
change to the class structure and is finalizing these provisions as
proposed.
B. Miscellaneous Amendments and Corrections
EPA proposed a number of non-controversial amendments and
corrections to the existing regulations. These received essentially no
attention in the public comments. EPA is thus finalizing these
provisions essentially as proposed.
First, we are making a number of corrections to the recently
required regulations for controlling automobile greenhouse gas
emissions.\111\ These changes include correcting typographical errors,
correcting some regulatory references, and adding some simple
clarifications. Some of these changes are made to regulatory sections
in 40 CFR Part 86, which does not include provisions related to
labeling. For convenience we have included the table below identifying
those changes made in 40 CFR Part 86. Similar corrections were also
made throughout sections in 40 CFR Part 600, but many of these sections
are integrated with the labeling calculations and provisions and less
amenable to calling out in a table. For example, errors in the 5-cycle
carbon-related exhaust emissions (CREE) calculations were corrected in
600.114, but at the same time, for labeling purposes, this section of
the regulations was revised to enable the calculation of 5-cycle
CO2 values. Similarly, a rounding error is corrected in
600.207 while that section is also revised to include requirements for
5-cycle CO2 calculations. The calculations in 40 CFR Part
600 have increased dramatically in complexity recently, and for that
reason manufacturers should carefully evaluate the equations and
calculations and ensure that they are using the appropriate and
corrected versions. In addition to calculating model type MPG values
for CAFE (two cycle) and labeling (five cycle), the same must now be
done for CREE (two cycle) and label CO2 (five cycle).
---------------------------------------------------------------------------
\111\ 75 FR 25324, May 7, 2010.
Table V-1--Table of Non-Substantive Amendments to 40 CFR Part 86
Greenhouse Gas Program
------------------------------------------------------------------------
Regulatory Reference What was changed Reason for change
------------------------------------------------------------------------
Part 85:
85.1902(b)(2)........... Inserted the words To clarify the
``greenhouse gas''. applicability of
the provisions of
the paragraph.
Part 86:
86.165-12(d)(4)......... Inserted a sentence This is a recognized
allowing the use of and viable option
a constant velocity for CO2 measurement
sampling system to that was not
measure CO2. included in the GHG
final rule.
86.1818-12(b)(3)........ Inserted language To ensure that
aligning the EPA manufacturers are
definition of treated identically
``manufacturer'' by EPA and NHTSA
with the NHTSA programs.
definition.
86.1818-12(c)(1)........ Inserted the words To clarify that CO2
``full useful fleet average
life'' in three standards are full
locations. useful life
standards.
86.1818-12(d)........... Changed ``600.113- Reference was
08(g)(4)'' to incorrect.
``600.113-12(g)(4)'
'.
86.1823-08(m)(2)(iii) Inserted the Resolves a problem
and (m)(3). parenthetical ``(or where the existing
derived from)'' in regulations require
three locations. the use of
potentially
inappropriate DFs
(e.g., where an
additive NO2 DF
might be greater in
magnitude than the
N2O test result to
which it is
applied).
86.1841-01(a)(3)........ Inserted the words To clarify that CO2
``full useful certification
life''. standards are full
useful life
standards.
86.1848-10(c)(9)(i)..... Changed reference Reference was
``86.1865-12(k)(7)' incorrect.
' to ``86.1865-
12(k)(8)''.
86.1865-12(a)(1) and (d) Changed ``86.1801- Reference was
12(j)'' to incomplete.
``86.1801-12(j) or
(k)''.
86.1865-12(k)(7)(i)..... Changed ``(k)(4)'' Reference was
to ``(k)(4) and incomplete.
(k)(5)''.
86.1865-12(k)(8)(iii)... Changed references Reference was
to paragraph (k)(7) incorrect.
to refer to
paragraph (k)(8).
[[Page 39513]]
86.1867-12(a)(1)(iii)(A) Removed and reserved Requirement to use
the contents of actual sales is not
this paragraph. required under
Pathway 1, and in
all other cases the
manufacturer should
track vehicles
produced and
delivered for sale.
86.1867-12(a)(3)(iv)(A). Inserted the words Statement should
``California and'' refer to California
before the text and the section 177
``the section 177 states, not just
states''. the section 177
states.
86.1867-12(a)(3)(iv)(F). Deleted the sentence Statement was not
``Section 600.510- valid and
12(j)(3) of this referenced a non-
chapter shall not existent paragraph.
apply.''.
86.1867-12(a)(3)(vi).... In the definition Reference was
for CO2 Credit incorrect.
Threshold changed
the reference to
``(a)(3)(vi)'' to
``(a)(3)(iv)''.
In the definition of Reference was
Manufacturers Sales incorrect.
Weighted Fleet
Average CO2
Emissions changed
the reference to
``(a)(3)(vii)'' to
``(a)(3)(v)''.
Inserted the words Statement should
``California and'' refer to California
before the text and the section 177
``the section 177 states, not just
states * * *''. the section 177
states.
86.1867-12(a)(4)........ Inserted the words Statement should
``California and'' refer to California
before the text and the section 177
``the section 177 states, not just
states * * *''. the section 177
states.
86.1867-12(b)(2)........ Struck existing text Corrected an error
in paragraph (b)(2) where the GHG final
and replaced with rule inadvertently
new text. finalized incorrect
language that was
inconsistent with
the proposal and
the intent stated
in the preamble to
the final rule.
86.1867-12(d)(1)........ Changed Misspelled word.
``Administratory''
to
``Administrator''.
------------------------------------------------------------------------
Second, we are correcting an oversight from the 2006 labeling rule
regarding the applicability of testing requirements to independent
commercial importers (ICIs). Currently several vehicle categories
(dedicated alternative fuel, dual fuel while operating on alternative
fuel, and MDPVs) are exempted from having to perform full 5-cycle fuel
economy testing.\112\ These categories are allowed to use the ``derived
5-cycle'' method, whereas other vehicles must use data from all five
test cycles at certification to perform an evaluation that determines
whether the test group can use the derived 5-cycle method or whether
they must complete full 5-cycle testing. The reason for exempting these
vehicles is that the evaluation required at emissions certification
requires the use of all 5 cycles as run for emissions certification,
but these categories are not subject to the SFTP requirements, and thus
such vehicles do not perform two of the five test procedures (the US06
high speed/acceleration test and the SC03 air conditioning test). Thus
when EPA required the 2006 label rule we recognized that these
categories would not have the data required to perform the 5-cycle fuel
economy evaluation, and we decided to exempt them from 5-cycle fuel
economy testing. However, this same exemption should have been applied
to ICIs. Like the vehicle categories noted above, vehicles imported by
ICIs are not required to perform the SFTP emission tests and thus also
will not have the necessary data to perform the 5-cycle fuel economy
evaluation. Therefore, we are extending the allowance to use the
derived 5-cycle method to ICIs.
---------------------------------------------------------------------------
\112\ See 40 CFR 600.115-08.
---------------------------------------------------------------------------
Third, we are clarifying the altitude applicability of evaporative
emission standards. This clarification is needed in part because of an
error that was made in the rulemaking requiring greenhouse gas emission
standards for light-duty vehicles and trucks, and in part because the
original language was found to lack sufficient clarity. Revisions to
the regulations in 86.1810-09 to accommodate greenhouse gas provisions
unintentionally eliminated a phrase regarding the high altitude
applicability of the ``Tier 2'' evaporative emission standards.\113\
The omission of this phrase was pointed out by auto manufacturers after
the greenhouse gas rulemaking was finalized. Upon further review of the
issue, EPA concluded that simply re-inserting the omitted language did
not sufficiently improve clarity, since the original structure of the
regulatory language as required in the 2007 rulemaking was unclear as
well.\114\ Simply stated, the intent of the language finalized in the
2007 rulemaking (before clarity was further confounded by the 2010
greenhouse gas rulemaking) was to state that the evaporative standards
in 86.2011-09(e) apply at low altitude only, and the ``Tier 2''
standards in 86.2011-04(e) continue to apply at high altitude for the
2009 and later model years. Unfortunately, because of the construction
of the regulations and the way the model year applicability of section
references work (see 40 CFR 600.004-77), it is unclear whether the
reference in the deleted statement to 86.1811-04(e) is static or
dynamic. In most cases, when a section has been superseded (as is the
case for 86.1811-04) we expect that the more recent section (i.e.,
86.1811-09) is the one that should be used. However, in this case the
intent was that the reference remain static, referring not to the
evaporative emission standards that took effect in the 2009 model year,
but to the standards that took effect in the 2004 model year. Basically
the 2004 ``Tier 2'' standards were promulgated as ``all-altitude''
standards, but were superseded at low altitude by the 2009 standards,
thus leaving the 2004 standards in place at high altitude. We believe
we have appropriately clarified the regulations to reflect the original
intent.
---------------------------------------------------------------------------
\113\ The phrase, which reads``Tier 2 evaporative emission
standards apply at high altitude conditions as specified in Sec.
86.1810-01(f) and (j), and Sec. 86.1811-04(e).'', can be found in
the originally promulgated regulations at 72 FR 8562 (February 26,
2007). The language as modified by the light-duty greenhouse gas
rulemaking can be found at 75 FR 25686 (May 7, 2010) and in the Code
of Federal Regulations at 40 CFR 86.1810-09(f).
\114\ 72 FR 8428 (February 26, 2007).
---------------------------------------------------------------------------
Fourth, we are taking steps to further clarify the regulatory
language. This involves removing several sections that apply only for
model years before 2008 and moving or combining several of the
remaining sections to provide a clearer organization. We are also being
more careful with regulatory references pointing to other sections
within 40 CFR Part 600 and to sections in 40 CFR Part 86. This largely
addresses the concern that regulatory sections numbered for
[[Page 39514]]
certain model years can cause references to be incorrect or misleading
over time. We are relying on the rounding convention as specified for
engine testing in 40 CFR Part 1065. Similarly, we are relying on the
hearing procedures specified in 40 CFR Part 1068. These changes allow
us to centralize provisions that have general applicability to support
our effort to have a consistent approach across programs. The
regulations also include a streamlined set of references to outside
standards (such as SAE standards). We are also including the most
recent updates for the ASTM standards we reference in 40 CFR Part 600.
We are not intending to make any substantive changes to the regulatory
provisions affected by these administrative changes and are not
reopening the prior rules for any of those provisions.
VI. Impacts of Label Requirements
Vehicle manufacturers have been required to provide fuel economy
labels on vehicles since 1977. The costs and benefits of label
revisions would be those associated with changes to the current label,
not the costs and benefits associated with production of the label
itself. The change in cost from this proposed rule comes in the
physical revisions to the label itself and the possible efficiencies
achieved by meeting EPCA and EISA labeling requirements in one label,
as well as proposed modified vehicle testing procedures. The benefits
of the rule come from providing labels for mass-market advanced
technology vehicles for the first time and from any improvements in the
effectiveness of labels for conventional vehicles in providing accurate
and useful consumer information on fuel consumption and environmental
performance.
A. Costs Associated With This Rule
1. Testing Costs
Testing requirements for vehicles are not new. Advanced technology
and alternative fuel vehicles have been required to undergo testing
requirements in the past. For advanced technology vehicles, though, the
test procedures have not previously been standardized; they have been
handled on a case-by-case basis. Because the agencies expect more
advanced technology vehicles to come to market, this rule codifies
testing procedures, as discussed in sections III.M. and III.N. of this
preamble. The testing costs described here therefore are not completely
new costs for manufacturers, since they would have to test the vehicles
even in the absence of this rule, but the procedures have not
previously been established. The cost estimates are included here
because they have previously not been presented. The agencies received
no comments on the cost estimates for the vehicle testing to support
the label program.
As discussed in the NPRM, the analysis of the projected costs of
this rule follows conceptually the approach in the 2006 (``five-
cycle'') fuel economy labeling rule. Increased on-going operations and
maintenance (O&M) costs and labor hours result from increases in
testing costs for electric vehicles (EVs) and plug-in hybrids (PHEVs)
specified in this rule. We also allow for the costs of increased
facility capacity to accommodate the increased testing time involved
for these two categories of vehicles. Startup costs are treated as
capital costs and are amortized over ten years at 3% and 7% interest.
Startup costs for this rule include testing equipment for those
manufacturers subject to new testing. As an aid to the analysis and to
help articulate the range of uncertainty, we include both low and high
cost estimates for each of these cost and labor hour elements. The cost
estimates, excluding potential cost savings from harmonization of label
requirements with California and the Federal Trade Commission, are $0.7
million per year for the low estimate and $5.5 million per year for the
high estimate. For details of this analysis, see the ``Final Supporting
Statement for Information Collection Request, Fuel Economy Labeling of
Motor Vehicles'', in the docket.\115\
---------------------------------------------------------------------------
\115\ U.S. Environmental Protection Agency, Office of
Transportation and Air Quality. ``Final Supporting Statement for
Information Collection Request, Fuel Economy Labeling of Motor
Vehicles (Final Rule), EPA ICR 2392.02.'' Compliance and Innovative
Strategies Division, Transportation and Climate Change Division, and
Assessment and Standards Division, April 2011.
---------------------------------------------------------------------------
(a) Testing Requirements for Electric Vehicles
To date, EPA has performed some fuel economy testing connected with
certification applications for electric vehicles using the procedures
developed by the Society of Automotive Engineers (SAE), specifically
SAE J1634, as published October 2002. The proposal spelled out EV
testing requirements that are similar to SAE J1634. This rule finalizes
the test procedures.
In estimating the costs of this action, there is no clear baseline
cost that manufacturers of EVs would have incurred in satisfying
Federal requirements, because fuel economy measurements were either
optional \116\ or not specific as to method (except to satisfy FTC
requirements). For purposes of the analysis, we assume these EV costs
are entirely new costs rather than increments to pre-existing costs.
Here and in the facility costs section, this also means we assume no
carry-over applications for EVs. Both these assumptions are more likely
to lead to an overstatement of costs than an understatement.
---------------------------------------------------------------------------
\116\ Although fuel economy labels are statutorily required for
all vehicles, the regulations have, prior to model year 2012,
included a de minimus exemption for very small numbers of EVs
(except those built by large manufacturers). See 40 CFR 600.001-08.
---------------------------------------------------------------------------
The NPRM described the use of SAE J1634 as the basis for the costs
of testing procedures for EVs, based on range testing requirements of
the Federal Trade Commission for ``alternative fueled vehicles.''
Preparation costs were estimated to be $3,163 and 30 hours per vehicle,
per Information Collection Request (ICR) 0783.54 (OMB 2060-0104), the
certification ICR for conventional vehicles. The low and high EV test
distances for Federal Test Procedure (FTP) and Highway Fuel Economy
Test (HFET) tests are estimated as 50 to 250 miles. For purposes of
this estimate, the cost of an FTP/HFET pair is $1,860, allocated 70% to
the FTP and 30% to the HFET and incremented either by 50 or 250 divided
by 7.45 (the distance of a normal FTP), or by 50 or 250 divided by 10.3
(the distance of the normal HFET). These increases are applied to an
estimated five to eight EV families in the years through MY2013. Labor
hours, estimated at 30 hours per FTP/HFET pair, are allocated and
incremented in a similar manner. The bottom line is a cost between
$75,300 and $486,784 and 1,073 to 7,625 hours, per year for the EV
industry. With the cost of labor estimated to be $61.49 per hour, labor
costs would add between $65,988 and $468,871 in annual costs. No
comments were received on these estimates.
(b) Testing Requirements for Plug-In Hybrid Electric Vehicles
As explained in Section III.M., the proposed EPA test procedure for
PHEVs is an extension of the existing test procedure for hybrid
vehicles. Off-cycle tests are already required for test groups that do
not meet the ``litmus test;'' others would use the derived five-cycle
adjustment. Hybrid vehicles already do FTP and HFET tests for fuel
economy determination. The new FTP procedure for PHEVs would
essentially run repeated FTPs until the charge is
[[Page 39515]]
depleted. This is the ``charge-depleting'' operation, when the vehicle
is mainly running on its battery. The battery would then be recharged,
and a single additional four-phase FTP would be conducted in what is
denominated as the ``charge-sustaining'' operation. Following this, the
vehicle will be recharged, if necessary, by running any appropriate
test cycle followed by HFET cycles in charge-depleting operation,
followed by a cycle in charge-sustaining operation.
For purposes of this cost analysis, the charge-sustaining FTP and
HFET cycles along with potential other cycles mandated by emissions and
fuel economy testing requirements are considered to be continuations of
existing requirements. The cost increment due to this proposal
consequently derives entirely from the increased testing time in
depleting mode. The duration of the depleting modes is estimated as
7.45 to 50 miles over the repeated 7.45-mile FTP or 10.3-mile HFET test
cycles. These together, applied to 5 to 8 families with no carryovers,
add an estimated $8,528 to $80,564 in operation and maintenance (O&M)
costs and 138 to 923 labor hours to existing hybrid testing costs. With
the cost of labor estimated to be $61.49 per hour, labor costs would
add between $8,458 and $56,764 in annual costs.
The O&M costs and labor hours discussed above are summarized in
Table VI.A.1-1:
2. Equipment and Facility Costs
Table VI.A.1-1--Testing Costs
[Labor and O&M costs for running the tests]
----------------------------------------------------------------------------------------------------------------
Increase in number of tests and hours
-----------------------------------------------------------------
Vehicle type/test cycle Min cost Max cost
Min tests/hours increase Max tests/hours increase
----------------------------------------------------------------------------------------------------------------
EV:
Prep...................................... 5.0 $18,065 8.0 $28,904
FTP....................................... 5.0 43,691 8.0 349,530
HFET...................................... 5.0 13,544 8.0 108,350
Labor..................................... 218 65,988 1,748 468,871
-----------------------------------------------------------------
EV Total.............................. ............... 141,288 ............... 955,655
PHEV:
FTP....................................... 5.0 6,510 8.0 50,563
HFET...................................... 5.0 2,018 8.0 30,001
Labor..................................... 33 8,458 218 56,764
-----------------------------------------------------------------
PHEV Total............................ ............... 16,986 ............... 137,328
-----------------------------------------------------------------
Total............................. ............... 158,273 ............... 1,092,983
----------------------------------------------------------------------------------------------------------------
As estimated in the proposal, each manufacturer who has not
previously produced hybrid-electric vehicles is assumed to need new
testing equipment costing $25,000 for an ammeter and $50,000 for
voltage stabilizers; we estimate that 5-8 manufacturers will fall in
this category. No comments were received on this estimate.
In addition to new equipment, establishing testing requirements for
EVs and PHEVs will in theory require expanded testing facilities for
those manufacturers choosing to produce and sell them in the U.S.
Because the cost of new facility capacity is highly dependent on
manufacturer-specific factors (the costs of capital, the availability
of land, the structure of work shifts, the existing excess capacity,
etc.), we use the approximation of unitizing increased test costs by
assuming that a facility capable of performing 750 FTP/HFET pairs would
cost $4 million. Here, the new tests are deemed to require these
facilities in proportion to the increases in test time, and the costs
are then annualized over ten years and amortized at 3% and 7% interest
compounded monthly. This assumption is more likely to produce an
overestimate of costs rather than an underestimate, since it does not
attempt to account for the current excess capacity that exists in
manufacturers' current test facilities. We assume that there is no
excess capacity in our analysis. Note that other features of the EV and
PHEV test cycles, such as recharging times, have been harmonized with
existing test protocols. Furthermore, consistent with other information
burden analyses for the emissions and fuel economy programs, we
consider these as ongoing rather than startup costs (i.e., as the
facilities depreciate they are continually being replaced), another
conservative assumption. Applying these costs to a low and high
estimate of 5 to 8 EV families and 5 to 8 PHEV families per year yields
an annualized facilities cost between $25,278 and $210,779 per year. No
comments were received on these estimates.
Facility and equipment costs are summarized in Table VI.A.2-1:
Table VI.A.2-1--Increase in Test Facilities
------------------------------------------------------------------------
Undepreciated capital costs Minimum Maximum
------------------------------------------------------------------------
EV test distance increase........... $154,210 $1,233,683
PHEV test distance increase......... 22,977 246,737
Updating Information systems........ 768,000 960,000
Ammeter/stabilizer.................. 375,000 600,000
-----------------------------------
Total........................... 1,320,188 3,040,420
Amortized, 10 yrs @ 3%.............. 154,766 356,430
[[Page 39516]]
Amortized, 10 yrs @ 7%.............. 187,965 432,887
------------------------------------------------------------------------
3. Costs Associated With New Labels
(a) Startup Costs
Startup costs are counted as one-time costs that are amortized or
discounted at an interest rate of 3% or 7% over ten years. The proposal
separated the costs for updating information systems and testing
equipment from the costs of label redesign, and estimated total startup
costs between $8.1 and 8.6 million. When annualized and subjected to 7%
loan repayment/discounting, the startup costs total in the proposal was
estimated at $1.16 to $1.22 million per year.
Written comments from GM did not break down costs in these
categories. Instead, their ``initial estimate,'' which included
designing, releasing, testing, and validating the system, would cost
``more than $800,000.'' Suzuki estimated its costs as $70,000 for
software, $111,144 for printers, and $20,250 for IT costs, for a total
of $201,394. Because color printers are no longer required, these costs
are therefore estimated to be $90,250. Other cost estimates provided to
the agencies for non-color printing included $174,000 from one
manufacturer and $500,000 from another.
For this cost analysis, the agencies are using these two estimates
as upper and lower bounds specifically of additional startup costs for
the labels. These estimates are then applied to the universe of
separate manufacturer entities subject to the rule. Many specific
automotive brands are parts of marketing groups or are owned and
managed by other, parent companies. Allowing for these relationships,
the agencies estimate that the rule would apply to 24 manufacturers and
11 independent commercial importers (ICIs) importing nonconforming
vehicles into the U.S. for sale. Applied to 35 companies, then, the
label redesign cost is estimated to be between $3.2 million and $28
million. When annualized at 3% and 7% over ten years, these costs are
estimated to be between $370,000 and $3,987,000 per year.
(b) Printing Costs for New Labels
The proposed labels in the NPRM included different colors,
reflecting either different technologies or differences in fuel economy
and greenhouse gas emissions. Auto companies commented that the use of
multiple colors would add significantly to label costs and lead time,
due to the need to purchase new printers and to increased maintenance
costs. In addition, they expressed concern that colors in the labels
might fade, that they might be difficult to see through tinted windows,
that the increased complexity of these labels would lead to compliance
concerns, and that some colors might deter consumers from considering
some vehicles. As discussed in Section III.J. of this preamble, the
agencies have decided for the final label to use one color (in addition
to black) that can be pre-printed on the feedstock that will go into
the printers used for the vehicle labels. The acceptance of this
approach by many auto manufacturers suggests that the addition of color
in a manner that allows it to be pre-printed on feedstock does not have
a material effect on costs; indeed, some manufacturers already use a
color besides black. Thus, printing costs associated with the final
label are not expected to change from the baseline costs. Because of
this change in label requirements from the proposal, the agencies
believe that there will be no additional costs associated with label
printing. Thus, the additional printing costs estimated in the proposal
to be $294,690 to $1,274,634 per year are now estimated to be zero.
4. Cost Summary
Table VI.A.4-1 summarizes the costs presented here. The total costs
of this rule, excluding labor, are estimated to be between $0.7 and
$5.5 million per year.
Table VI.A.4-1--Total Annual Cost Increase--7% Discount Rate
------------------------------------------------------------------------
Low estimate High estimate
------------------------------------------------------------------------
Testing: O&M, including labor costs. $158,274 $1,092,983
Testing: Equipment and Facilities... 187,965 432,887
Label design startup................ 450,000 3,987,000
-----------------------------------
Total Annual Cost............... 796,239 5,512,870
------------------------------------------------------------------------
Total Annual Cost Increase--3% Discount Rate
------------------------------------------------------------------------
Low estimate High estimate
------------------------------------------------------------------------
Testing: O&M, including labor costs. $158,274 $1,092,983
Testing: Equipment and Facilities... 154,766 356,430
Label design startup................ 370,000 3,282,000
-----------------------------------
Total Annual Cost............... 683,040 4,731,413
------------------------------------------------------------------------
B. Impact of Requiring One Label To Meet EPCA/EISA
EPCA and EISA create similar but not necessarily identical
requirements for labeling vehicles. EPA conducts a labeling program
under EPCA, and NHTSA is required to conduct a labeling program under
EISA, in consultation with EPA. While the agencies could require that
manufacturers produce two separate labels to meet the requirements of
the statutes, much of the information on the two labels would be
duplicative. In addition, two different fuel economy
[[Page 39517]]
labels might confuse vehicle purchasers, frustrating the purpose of
providing fuel economy information to purchasers. Requiring that auto
manufacturers put two fuel economy labels on vehicles would also crowd
the limited labeling space on vehicles. For these reasons, EPA and
NHTSA are addressing both the EPCA and the EISA requirements in one
label.
Because NHTSA's labeling under EISA is a new requirement that has
not previously been implemented, there is no cost reduction associated
with the proposal to use a joint label. The use of the joint label
avoids a cost increase that would result from two separate labels. EPA
and NHTSA are not including this cost saving in the cost analysis
because we believe that the benefits of coordinating labeling
requirements outweigh any possible disadvantages.
Section III.L. discusses harmonization of this label with labeling
requirements for the Federal Trade Commission (FTC) and the State of
California. To the extent that the new label can reduce the need for
separate labels due to these requirements, there are additional cost
reductions associated with this rule. The California Air Resources
Board in 2007 estimated the annual cost of its label to be $245,000 per
year for all companies operating in California.\117\ No cost estimate
is available for the FTC label. If the new label satisfies the
requirements of these agencies, then the costs will be lower than those
reported here, which do not take into account this harmonization, by
the savings associated with producing those labels.
---------------------------------------------------------------------------
\117\ State of California, Air Resources Board. ``Staff Report:
Initial Statement of Reasons for Rulemaking: Proposed Amendments to
the Smog Index Vehicle Emissions Label,'' May 4, 2007, http://www.climatechange.ca.gov/publications/arb/2007-06-21_isor.pdf,
(last accessed May 3, 2010).
---------------------------------------------------------------------------
C. Benefits of Label Changes
The NPRM discussed the difficulties of quantitatively estimating
benefits of this rulemaking. Measuring benefits would depend on
predicting what vehicles consumers would purchase in the absence of the
rule; predicting what vehicles consumers would purchase with
implementation of the rule; and then measuring the benefits associated
with the changed vehicle purchases. One commenter (the New York
University Law School Institute for Policy Integrity) argued that the
agencies should quantify these effects, on the ground that the effects
of the rule on the economy are likely to be significant: if the revised
labels lead even to small changes in behavior, the effects on fuel
purchases alone would be large.
The agencies recognize that Executive Order 13563 directs agencies
``to use the best available techniques to quantify anticipated present
and future benefits as accurately as possible.'' In this context,
however, quantitative information is not available, and the agencies
have therefore chosen instead to continue with a qualitative assessment
of benefits. It is difficult to develop a good baseline for the fleet
using the existing label, partly because the existing label is not
designed to incorporate advanced technology vehicles. It is even more
difficult to develop a comparison for the fleet with the new labels,
because the effects of label designs on vehicle purchases are not
known. Thus, any assessment of quantitative effects of label design on
vehicle sales involves a great deal of speculation. The agencies
believe that informed choice is an end in itself, even if it is hard to
quantify; the agencies also believe that the new labels will provide
significant benefits for consumers, including economic benefits, though
these benefits cannot be quantified at this time.
The existing label is not suitable for providing information on
advanced technologies, and it does not include new information required
by EISA; it must be revised. Sections III and IV of this preamble
discuss the rationales for the label that is being required. The
benefits of this rule will come from the improved provision of
information to vehicle buyers and from more informed consumer decisions
resulting from the changes. To the extent that the new labels fulfill
these functions, they will save consumers money, help them find the
most satisfactory vehicles for their needs, and probably contribute to
improvements in environmental quality. These effects will be difficult
to measure even after rule implementation, because these labels are
being introduced at the same time that new vehicle technologies and
fuels are coming into the market and vehicles' fuel economy is
improving. Nevertheless, the agencies' research suggests that a well-
designed label will assist people in making informed decisions about
their vehicles.
D. Summary of Costs and Benefits
The primary benefits associated with this rule are associated with
improved consumer decision-making resulting from improved presentation
of information. At this time, EPA and NHTSA do not have data to
quantify these impacts.
The primary costs associated with this proposed rule come from
revisions to the fuel economy label and additional testing procedures.
These costs, not including any cost reductions from harmonizing label
designs with California or the FTC, are estimated to be $0.7 to $5.5
million per year. The agencies have concluded, consistent with
Executive Order 13563, that the likely benefits justify the costs.
VII. Agencies' Statutory Authority and Executive Order Reviews
A. Relationship of EPA's Requirements With Other Statutes and
Regulations
1. Automobile Disclosure Act
The Automobile Information Disclosure Act (AIDA) requires the
affixing of a retail price sticker to the windshield or side window of
new automobiles indicating the Manufacturer's Suggested Retail Price,
the ``sticker price.'' \118\ Additional information, such as a list of
any optional equipment offered or transportation charges, is also
required. The Act prohibits the sticker from being removed or altered
prior to sale to a consumer.
---------------------------------------------------------------------------
\118\ More commonly known as the Monroney Act (Senator Mike
Monroney was the chief sponsor of the Act) or Price Sticker Act. See
15 U.S.C. 1231-1233.
---------------------------------------------------------------------------
Under EPCA, EPA may allow manufacturers of new automobiles to
comply with the EPCA labeling requirements by placing the fuel economy
information on the label required by AIDA.\119\ Normally, the price
sticker label and EPA label are combined as one large label. Failure to
maintain the EPA label on the vehicle is considered a violation of
AIDA.\120\
---------------------------------------------------------------------------
\119\ 49 U.S.C. 32908(b)(2).
\120\ 49 U.S.C. 32908(e)(1)
---------------------------------------------------------------------------
2. Internal Revenue Code
EPCA requires that ``Gas Guzzler'' tax information under 26 U.S.C.
4064 be included on the fuel economy label. The new labels provide for
this requirement. The Internal Revenue code contains the provisions
governing the administration of the Gas Guzzler Tax. It contains the
table of applicable taxes and defines which vehicles are subject to the
taxes.\121\ The IRS code specifies that the fuel economy to be used to
assess the amount of tax will be the combined city and highway fuel
economy as determined by using the procedures in place in 1975, or
procedures that give comparable results \122\ (similar to EPCA's
requirements for determining CAFE for passenger automobiles). This rule
does not impact these provisions.
---------------------------------------------------------------------------
\121\ 26 U.S.C. 34064(a).
\122\ 26 U.S.C. 4064(c).
---------------------------------------------------------------------------
[[Page 39518]]
3. Clean Air Act
EPCA states that fuel economy tests shall, to the extent
practicable, be carried out with the emissions tests required under
Section 206 of the Clean Air Act.\123\ EPA did not propose and is not
requiring additional emissions tests, thus the connection between
emission and fuel economy tests is unchanged.
---------------------------------------------------------------------------
\123\ 49 U.S.C. 32904(c).
---------------------------------------------------------------------------
4. Federal Trade Commission Guide Concerning Fuel Economy Advertising
for New Vehicles
In the mid-1970's when EPCA was passed, the Federal Trade
Commission (FTC) ``took note of the dramatic increase in the number of
fuel economy claims then being made and of the proliferation of test
procedures then being used as the basis for such claims.'' \124\ They
responded by promulgating regulations in 16 CFR part 259 entitled
``Guide Concerning Fuel Economy Advertising for New Vehicles'' (``Fuel
Guide''). The Fuel Guide, adopted in 1975 and subsequently revised
twice, provides guidance to automobile manufacturers to prevent
deceptive advertising and to facilitate the use of fuel economy
information in advertising. The Fuel Guide advises vehicle
manufacturers and dealers how to disclose the established fuel economy
of a vehicle, as determined by the Environmental Protection Agency's
rules pursuant to the Automobile Information Disclosure Act (15 U.S.C.
2996), in advertisements that make representations regarding the fuel
economy of a new vehicle.\125\ The disclosure is tied to the claim made
in the advertisement. If both city and highway fuel economy claims are
made, both city and highway EPA figures should be disclosed. A claim
regarding either city or highway fuel economy should be accompanied by
the corresponding EPA figure. A general fuel economy claim requires
disclosure of the EPA city figure, although the advertiser would be
free to state the highway figure as well. The authority for the Fuel
Guide is tied to the Federal Trade Commission Act (15 U.S.C. 41-58)
which, briefly stated, makes it illegal for one to engage in ``unfair
methods of competition in or affecting commerce and unfair or deceptive
acts or practices in or affecting commerce.''
---------------------------------------------------------------------------
\124\ 40 FR 42003, Sept. 10, 1975.
\125\ 43 FR 55747, Nov. 29, 1978; and 60 FR 56230, Nov. 8, 1995.
---------------------------------------------------------------------------
B. Statutory and Executive Order Reviews
1. Executive Order 12866 and Executive Order 13563: Regulatory Planning
and Review and DOT Regulatory Policies and Procedures
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is a ``significant regulatory action'' because the action raises
novel legal or policy issues. Accordingly, EPA and NHTSA submitted this
action to the Office of Management and Budget (OMB) for review under
Executive Orders 12866 and 13563 (76 FR 3821, January 21, 2011) and any
changes made in response to OMB recommendations have been documented in
the docket for this action.
NHTSA is also subject to the Department of Transportation's
Regulatory Policies and Procedures. This final rule is also significant
within the meaning of the DOT Regulatory Policies and Procedures.
Executive Order 12866 also requires NHTSA to submit this action to OMB
for review and document any changes made in response to OMB
recommendations.
In addition, EPA and NHTSA both prepared an analysis of the
potential costs and benefits associated with this action. This analysis
is available in Section VI of this document. In accordance with
Executive Order 13563, section 1, the agencies have made ``a reasoned
determination that'' the benefits of the rule ``justify its costs
(recognizing that some benefits and costs are difficult to quantify.''
In accordance with Executive Order 13563, section 3, the agencies have
reduced costs and promoted predictability and simplicity by
coordinating and harmonizing regulatory requirements, both state and
Federal.
Executive Order 13563, section 4, directs agencies to consider
``flexible approaches'' that maintain ``freedom of choice for the
public.'' Such approaches include, under the Executive Order,
``disclosure requirements as well as provision of information to the
public in a form that is clear and intelligible.'' This rule is
specifically designed to promote the goals of section 4 of Executive
Order 13563 by providing clear and intelligible information and by
promoting informed choices.
2. Paperwork Reduction Act
The information collection requirements in this final 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. The
Information Collection Request (ICR) document prepared by EPA has been
assigned EPA ICR number 2392.02. Since this is a joint final rule, the
burden associated with these information collection requirements could
be attributed to either agency. However, since a significant portion of
the burden result from new EPA testing requirements, EPA has agreed to
assume responsibility for the complete paperwork burden. Both agencies
have considered the comments submitted regarding these potential costs
as part of their decision in this final rule.
The information being collected is used by EPA to calculate the
fuel economy estimates that appear on new automobile, light truck and
medium-duty passenger vehicle sticker labels. EPA currently collects
this information annually as part of its vehicle certification and fuel
economy program, and will continue to do so. This final rule changes
some of the content of the information submitted. Responses to this
information collection are mandatory to obtain the benefit of vehicle
certification under Title II of the Clean Air Act (42 U.S.C. 7521 et
seq.) and as required under Title III of the Motor Vehicle Information
and Cost Savings Act (15 U.S.C. 2001 et seq.). Information submitted by
manufacturers is held as confidential until the specific vehicle to
which it pertains is available for purchase. After vehicles are
available for purchase, most information associated with the
manufacturer's application is available to the public. Under section
208 of the Clean Air Act (42 U.S.C. 7542(c)), all information, other
than trade secret processes or methods, must be publicly available.
Proprietary information is granted confidentiality in accordance with
the Freedom of Information Act, EPA regulations at 40 CFR part 2, and
class determinations issued by EPA's Office of General Counsel.
The projected yearly increased cost within the three-year horizon
of the pending information collection request is $2,812,000 including
$2,286,000 in operations and maintenance costs and $526,000 in labor
costs. The estimated number of likely respondent manufacturers is 35.
Responses are submitted annually by engine family, with the number of
responses per respondent varying widely depending on the number of
engine families being certified. Under the current fuel economy
information authorization, an average of 12.2 responses a year are
approved for each of 33 respondents requiring 451.2 hours per response
and 80 hours of recordkeeping at a total cost of $10,012 per response
for an industry total of 184,127 hours and $4,274,932 million annually,
including capital and
[[Page 39519]]
operations and maintenance costs. Burden is defined at 5 CFR 1320.3(b).
An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently valid OMB control number. The OMB control numbers for EPA's
regulations in 40 CFR are listed in 40 CFR part 9.
3. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA) generally requires agencies to
prepare a regulatory flexibility analysis of any rule subject to notice
and comment rulemaking requirements under the Administrative Procedure
Act or any other statute unless the agencies certify that the rule will
not have a significant economic impact on a substantial number of small
entities. Small entities include small businesses, small organizations,
and small governmental jurisdictions.
For purposes of assessing the impacts of this proposed rule on
small entities, a small entity is defined as: (1) A small business as
defined by the Small Business Administration (SBA) by category of
business using North America Industrial Classification System (NAICS)
and codified at 13 CFR 121.201; (2) a small governmental jurisdiction
that is a government of a city, county, town, school district or
special district with a population of less than 50,000; and (3) a small
organization that is any not-for-profit enterprise which is
independently owned and operated and is not dominant in its field.
Table VIII.B.3-1 provides an overview of the primary SBA small
business categories included in the light-duty vehicle sector that are
subject to the final rule:
Table VIII.B.3-1--Primary SBA Small Business Categories in the Light-
Duty Vehicle Sector
------------------------------------------------------------------------
Defined as small
entity by SBA if
Industry less than or equal NAICS codes a
to:
------------------------------------------------------------------------
Automobile Manufacturing.......... 1,000 employees..... 336111
Light Truck and Utility Vehicle 1,000 employees..... 336112
Manufacturing.
Motor Vehicle Body Manufacturing.. 1,000 employees..... 336211
Automobile and Other Motor Vehicle 100 employees....... 423110
Merchant Wholesalers.
New Car Dealers................... 200 employees....... 441110
------------------------------------------------------------------------
Notes: a North American Industrial Classification System.
After considering the economic impacts of today's final rule on
small entities, we certify that this action will not have a significant
economic impact on a substantial number of small entities. The small
entities directly regulated by this final rule cover several types of
small businesses including vehicle manufacturers, automobile dealers,
limousine and hearse manufacturers, and independent commercial
importers (ICIs). ICIs are companies that import used vehicles into the
U.S. that must be certified for emissions compliance and labeled for
fuel economy purposes. Small governmental jurisdictions and small
organizations as described above will not be impacted. We have
determined that the estimated effect of the final rule is to impact 5
small business vehicle manufacturers and 11 ICIs who currently certify
vehicles with costs less than one percent of revenues. These 16
companies represent all of the small businesses impacted by the new
regulations. The final regulations will have no new impacts on small
business automobile dealers or small business limousine and hearse
manufacturers. We requested comment on the impacts of the proposed
regulations on small entities but received no feedback. An analysis of
the impacts of the final rule on small businesses has been prepared and
placed in the docket for this rulemaking.\126\
---------------------------------------------------------------------------
\126\ ``Screening Analysis: Small Business Impacts from
Revisions to Motor Vehicle Fuel Economy Label,'' EPA report, May 2,
2011.
---------------------------------------------------------------------------
Although this final rule will not have a significant impact on a
substantial number of small entities, we nonetheless have tried to
reduce the impact of this rule on small entities. As discussed in
section V.B, EPA is requiring a reduction in the testing burden on ICIs
that will be needed for the fuel economy label. Under the final
regulations, ICIs will be allowed to test over two driving cycles when
determining the fuel economy estimate for the fuel economy label
instead of testing over five driving cycles as required for vehicle
manufacturers.
4. Unfunded Mandates Reform Act
This rule does not contain a Federal mandate that may result in
expenditures of $100 million (adjusted for inflation) or more for
state, local, and tribal governments, in the aggregate, or the private
sector in any one year. This rule contains no Federal mandates for
state, local, or tribal governments as defined by the provisions of
Title II of the UMRA. The rule imposes no enforceable duties on any of
these governmental entities. Nothing in the rule would significantly or
uniquely affect small governments. The proposed rule only affects
vehicle manufacturers and the agencies estimate annual costs of less
than $100 million (adjusted for inflation). EPA and NHTSA believe that
the rule represents the least costly, most cost-effective approach to
achieve the statutory requirements of the rule. The agencies' estimated
costs are provided in Section VI. Thus, this rule is not subject to the
requirements of sections 202 or 205 of UMRA.
This rule is also not subject to the requirements of section 203 of
UMRA because it contains no regulatory requirements that might
significantly or uniquely affect small governments. As noted above, the
rule only affects vehicle manufacturers.
5. Executive Order 13132: Federalism
This action does not have federalism implications. It will not have
substantial direct effects on the states, on the relationship between
the national government and the states, or on the distribution of power
and responsibilities among the various levels of government, as
specified in Executive Order 13132. This rule applies to manufacturers
of motor vehicles and not to state or local governments. Thus,
Executive Order 13132 does not apply to this action. Although section 6
of Executive Order 13132 does not apply to this action, EPA and NHTSA
did consult with representatives of state governments in developing
this action.
[[Page 39520]]
6. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
This action does not have tribal implications, as specified in
Executive Order 13175 (65 FR 67249, November 9, 2000). This final rule
would be implemented at the Federal level and imposes compliance costs
only on vehicle manufacturers. Tribal governments would be affected
only to the extent they purchase and use regulated vehicles. Thus,
Executive Order 13175 does not apply to this action.
7. Executive Order 13045: Protection of Children From Environmental
Health and Safety Risks
EPA and NHTSA interpret E.O. 13045 (62 FR 19885, April 23, 1997) as
applying only to those regulatory actions that concern health or safety
risks, such that the analysis required under section 5-501 of the E.O.
has the potential to influence the regulation. This action is not
subject to E.O. 13045 because it does not establish an environmental
standard intended to mitigate health or safety risks.
8. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution or Use
This action is not a ``significant energy action'' as defined in
Executive Order 13211 (66 FR 28355 (May 22, 2001)), because it is not
likely to have a significant adverse effect on the supply,
distribution, or use of energy. This action does not require
manufacturers to improve or otherwise change the fuel economy of their
vehicles. The purpose of this action is to provide consumers with
better information on which to base their vehicle purchasing decisions
and that may have a positive effect on the energy supply. Therefore, we
have concluded that this rule is not likely to have any adverse energy
effects.
9. National Technology Transfer Advancement Act
Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (``NTTAA''), Public Law 104-113 (15 U.S.C. 272 note)
directs the agencies to use voluntary consensus standards in its
regulatory activities unless to do so would be inconsistent with
applicable law or otherwise impractical. Voluntary consensus standards
are technical standards (e.g., materials specifications, test methods,
sampling procedures, and business practices) that are developed or
adopted by voluntary consensus standards bodies. NTTAA directs the
agencies to provide Congress, through OMB, explanations when the
agencies decide not to use available and applicable voluntary consensus
standards.
The EPA portion of this rulemaking involves technical standards.
EPA has decided to use the following testing standards developed with
the Society of Automotive Engineers (SAE) related to measurement
procedures for electric vehicles and plug-in hybrid electric vehicles:
SAEJ1711, SAE J2841, and SAE J1634. SAE reference documents can be
obtained at http://www.SAE.org. The final rule incorporates these
standards with only minor modifications needed to fit in the regulatory
context. The incorporation by reference does not involve any
substantial change or disagreement with the technical conclusions from
the published standards.
10. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations
Executive Order (EO) 12898 (59 FR 7629 (Feb. 16, 1994)) establishes
Federal executive policy on environmental justice. Its main provision
directs Federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, disproportionately high
and adverse human health or environmental effects of their programs,
policies, and activities on minority populations and low-income
populations in the United States.
The agencies have determined that this final rule will not have
disproportionately high and adverse human health or environmental
effects on minority or low-income populations because it does not
affect the level of protection provided to human health or the
environment. The final regulations do not require manufacturers to
improve or otherwise change the emissions control or fuel economy of
their vehicles. The purpose of this final regulation is to provide
consumers with better information on which to base their vehicle
purchasing decisions.
11. Congressional Review Act
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A Major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2). This rule will be effective September 6, 2011.
List of Subjects
40 CFR Part 85
Confidential business information, Imports, Labeling, Motor vehicle
pollution, Reporting and recordkeeping requirements, Research,
Warranties.
40 CFR Part 86
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, Fuel
economy, Incorporation by reference, Labeling, Reporting and
recordkeeping requirements.
49 CFR Part 575
Administrative practice and procedure, Consumer protection, Fuel
economy, Motor vehicles, Motor vehicle safety, Reporting and
recordkeeping requirements.
Environmental Protection Agency
40 CFR Chapter I
For the reasons set forth in the preamble, the Environmental
Protection Agency amends parts 85, 86, and 600 of title 40, Chapter I
of the Code of Federal Regulations as follows:
PART 85--CONTROL OF AIR POLLUTION FROM MOBILE SOURCES
0
1. The authority citation for part 85 continues to read as follows:
Authority: 42 U.S.C. 7401-7671q.
Subpart T--[Amended]
0
2. Section 85.1902 is amended by revising paragraph (b)(2) to read as
follows:
Sec. 85.1902 Definitions.
* * * * *
(b) * * *
(2) A defect in the design, materials, or workmanship in one or
more emissions control or emission-related parts, components, systems,
software or elements of design which must function properly to ensure
continued
[[Page 39521]]
compliance with greenhouse gas emission standards.
* * * * *
PART 86--CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY VEHICLES
AND ENGINES
0
3. The authority citation for part 86 continues to read as follows:
Authority: 42 U.S.C. 7401-7671q.
Subpart B--[Amended]
0
4. Section 86.165-12 is amended by revising paragraph (d)(4) to read as
follows:
Sec. 86.165-12 Air conditioning idle test procedure.
* * * * *
(d) * * *
(4) Measure and record the continuous CO2 concentration
for 600 seconds. Measure the CO2 concentration continuously
using raw or dilute sampling procedures. Multiply this concentration by
the continuous (raw or dilute) flow rate at the emission sampling
location to determine the CO2 flow rate. Calculate the
CO2 cumulative flow rate continuously over the test
interval. This cumulative value is the total mass of the emitted
CO2. Alternatively, CO2 may be measured and
recorded using a constant velocity sampling system as described in
Sec. Sec. 86.106-96(a)(2) and 86.109.
* * * * *
Subpart S--[Amended]
0
5. Section 86.1810-09 is amended by revising paragraph (f)(1) to read
as follows:
Sec. 86.1810-09 General standards; increase in emissions; unsafe
condition; waivers.
* * * * *
(f) * * *
(1) All emission standards apply at low altitude conditions and at
high altitude conditions, with the following exceptions:
(i) The supplemental exhaust emission standards as described in
Sec. 86.1811-04(f) apply only at low altitude conditions;
(ii) The cold temperature NMHC emission standards as described in
Sec. 86.1811-10(g) apply only at low altitude conditions;
(iii) The evaporative emission standards specified in Sec.
86.1811-09(e) apply at low altitude conditions. The evaporative
emission standards specified in Sec. 86.1811-04(e) continue to apply
at high altitude conditions for 2009 and later model year vehicles.
* * * * *
0
6. Section 86.1811-09 is amended by revising paragraph (e) introductory
text to read as follows:
Sec. 86.1811-09 Emission standards for light-duty vehicles, light-
duty trucks and medium-duty passenger vehicles.
* * * * *
(e) Evaporative emission standards. Evaporative emissions from
gasoline-fueled, natural gas-fueled, liquefied petroleum gas-fueled,
ethanol-fueled and methanol-fueled vehicles must not exceed the
standards in this paragraph (e) at low altitude conditions. The
evaporative emission standards specified in Sec. 86.1811-04(e)(1)
continue to apply at high altitude conditions. The standards apply
equally to certification and in-use vehicles.
* * * * *
0
7. Section 86.1818-12 is amended by adding paragraph (b)(3) and
revising paragraphs (c)(1) and (d) to read as follows:
Sec. 86.1818-12 Greenhouse gas emission standards for light-duty
vehicles, light-duty trucks, and medium-duty passenger vehicles.
* * * * *
(b) * * *
(3) Manufacturer has the meaning given by the Department of
Transportation at 49 CFR 531.4.
(c) * * *
(1) For a given individual model year's production of passenger
automobiles and light trucks, manufacturers must comply with a full
useful life fleet average CO2 standard calculated according
to the provisions of this paragraph (c). Manufacturers must calculate
separate full useful life fleet average CO2 standards for
their passenger automobile and light truck fleets, as those terms are
defined in this section. Each manufacturer's fleet average
CO2 standards determined in this paragraph (c) shall be
expressed in whole grams per mile, in the model year specified as
applicable. Manufacturers eligible for and choosing to participate in
the Temporary Leadtime Allowance Alternative Standards for qualifying
manufacturers specified in paragraph (e) of this section shall not
include vehicles subject to the Temporary Leadtime Allowance
Alternative Standards in the calculations of their primary passenger
automobile or light truck standards determined in this paragraph (c).
Manufacturers shall demonstrate compliance with the applicable
standards according to the provisions of Sec. 86.1865.
* * * * *
(d) In-use CO2 exhaust emission standards. The in-use
CO2 exhaust emission standard shall be the combined city/
highway carbon-related exhaust emission value calculated for the
appropriate vehicle carline/subconfiguration according to the
provisions of Sec. 600.113-12(g)(4) of this chapter multiplied by 1.1
and rounded to the nearest whole gram per mile. For in-use vehicle
carlines/subconfigurations for which a combined city/highway carbon-
related exhaust emission value was not determined under Sec. 600.113-
12(g)(4) of this chapter, the in-use CO2 exhaust emission
standard shall be the combined city/highway carbon-related exhaust
emission value calculated according to the provisions of Sec. 600.208
of this chapter for the vehicle model type (except that total model
year production data shall be used instead of sales projections)
multiplied by 1.1 and rounded to the nearest whole gram per mile. For
vehicles that are capable of operating on multiple fuels, including but
not limited to alcohol dual fuel, natural gas dual fuel and plug-in
hybrid electric vehicles, a separate in-use standard shall be
determined for each fuel that the vehicle is capable of operating on.
These standards apply to in-use testing performed by the manufacturer
pursuant to regulations at Sec. Sec. 86.1845 and 86.1846 and to in-use
testing performed by EPA.
* * * * *
0
8. Section 86.1823-08 is amended by revising paragraphs (m)(2)(iii) and
(m)(3) to read as follows:
Sec. 86.1823-08 Durability demonstration procedures for exhaust
emissions.
* * * * *
(m) * * *
(2) * * *
(iii) For the 2012 through 2014 model years only, manufacturers may
use alternative deterioration factors. For N2O, the
alternative deterioration factor to be used to adjust FTP and HFET
emissions is the additive or multiplicative deterioration factor
determined for (or derived from, using good engineering judgment)
NOX emissions according to the provisions of this section.
For CH4, the alternative deterioration factor to be used to
adjust FTP and HFET emissions is the additive or multiplicative
deterioration factor determined for (or derived from, using good
engineering judgment) NMOG or NMHC emissions according to the
provisions of this section.
(3) Other carbon-related exhaust emissions. Deterioration factors
shall be determined according to the provisions of paragraphs (a)
through (l) of this section. Optionally, in lieu of determining
emission-specific FTP and
[[Page 39522]]
HFET deterioration factors for CH3OH (methanol), HCHO
(formaldehyde), C2H5OH (ethanol), and
C2H4O (acetaldehyde), manufacturers may use the
additive or multiplicative deterioration factor determined for (or
derived from, using good engineering judgment) NMOG or NMHC emissions
according to the provisions of this section.
* * * * *
0
9. Section 86.1841-01 is amended by revising paragraph (a)(3) to read
as follows:
Sec. 86.1841-01 Compliance with emission standards for the purpose of
certification.
(a) * * *
(3) Compliance with full useful life CO2 exhaust
emission standards shall be demonstrated at certification by the
certification levels on the FTP and HFET tests for carbon-related
exhaust emissions determined according to Sec. 600.113 of this
chapter.
* * * * *
0
10. Section 86.1848-10 is amended by revising the section heading and
paragraph (c)(9)(i) to read as follows:
Sec. 86.1848-10 Compliance with emission standards for the purpose of
certification.
* * * * *
(c) * * *
(9) * * *
(i) Failure to meet the fleet average CO2 requirements
will be considered a failure to satisfy the terms and conditions upon
which the certificate(s) was (were) issued and the vehicles sold in
violation of the fleet average CO2 standard will not be
covered by the certificate(s). The vehicles sold in violation will be
determined according to Sec. 86.1865-12(k)(8).
* * * * *
0
11. Section 86.1865-12 is amended by revising paragraphs (a)(1)
introductory text, (d), (j)(1), (k)(7)(i), (k)(8)(iii) through (v),
(k)(9)(iv)(B), and (k)(9)(v) to read as follows:
Sec. 86.1865-12 How to comply with the fleet average CO2
standards.
(a) * * *
(1) Unless otherwise exempted under the provisions of Sec.
86.1801-12(j) or (k), CO2 fleet average exhaust emission
standards apply to:
* * * * *
(d) Small volume manufacturer certification procedures.
Certification procedures for small volume manufacturers are provided in
Sec. 86.1838. Small businesses meeting certain criteria may be
exempted from the greenhouse gas emission standards in Sec. 86.1818
according to the provisions of Sec. 86.1801-12(j) or (k).
* * * * *
(j) * * *
(1) Compliance and enforcement requirements are provided in this
section and Sec. 86.1848-10(c)(9).
* * * * *
(k) * * *
(7) * * *
(i) Credits generated and calculated according to the method in
paragraphs (k)(4) and (5) of this section may not be used to offset
deficits other than those deficits accrued with respect to the standard
in Sec. 86.1818. Credits may be banked and used in a future model year
in which a manufacturer's average CO2 level exceeds the
applicable standard. Credits may be exchanged between the passenger
automobile and light truck fleets of a given manufacturer. Credits may
also be traded to another manufacturer according to the provisions in
paragraph (k)(8) of this section. Before trading or carrying over
credits to the next model year, a manufacturer must apply available
credits to offset any deficit, where the deadline to offset that credit
deficit has not yet passed.
* * * * *
(8) * * *
(iii) EPA will determine the vehicles not covered by a certificate
because the condition on the certificate was not satisfied by
designating vehicles in those test groups with the highest carbon-
related exhaust emission values first and continuing until reaching a
number of vehicles equal to the calculated number of non-complying
vehicles as determined in this paragraph (k)(8). If this calculation
determines that only a portion of vehicles in a test group contribute
to the debit situation, then EPA will designate actual vehicles in that
test group as not covered by the certificate, starting with the last
vehicle produced and counting backwards.
(iv)(A) If a manufacturer ceases production of passenger cars and
light trucks, the manufacturer continues to be responsible for
offsetting any debits outstanding within the required time period. Any
failure to offset the debits will be considered a violation of
paragraph (k)(8)(i) of this section and may subject the manufacturer to
an enforcement action for sale of vehicles not covered by a
certificate, pursuant to paragraphs (k)(8)(ii) and (iii) of this
section.
(B) If a manufacturer is purchased by, merges with, or otherwise
combines with another manufacturer, the controlling entity is
responsible for offsetting any debits outstanding within the required
time period. Any failure to offset the debits will be considered a
violation of paragraph (k)(8)(i) of this section and may subject the
manufacturer to an enforcement action for sale of vehicles not covered
by a certificate, pursuant to paragraphs (k)(8)(ii) and (iii) of this
section.
(v) For purposes of calculating the statute of limitations, a
violation of the requirements of paragraph (k)(8)(i) of this section, a
failure to satisfy the conditions upon which a certificate(s) was
issued and hence a sale of vehicles not covered by the certificate, all
occur upon the expiration of the deadline for offsetting debits
specified in paragraph (k)(8)(i) of this section.
(9) * * *
(iv) * * *
(B) Failure to offset the debits within the required time period
will be considered a failure to satisfy the conditions upon which the
certificate(s) was issued and will be addressed pursuant to paragraph
(k)(8) of this section.
(v) A manufacturer may only trade credits that it has generated
pursuant to paragraphs (k)(4) and (5) of this section or acquired from
another party.
* * * * *
0
12. Section 86.1866-12 is amended by revising paragraphs (b)(2),
(c)(5)(iv), and (d)(1) introductory text to read as follows:
Sec. 86.1866-12 CO2 fleet average credit programs.
* * * * *
(b) * * *
(2) The CO2-equivalent gram per mile leakage reduction
to be used to calculate the total credits generated by the air
conditioning system shall be determined according to the following
formulae, rounded to the nearest tenth of a gram per mile:
(i) Passenger automobiles:
[GRAPHIC] [TIFF OMITTED] TR06JY11.011
[[Page 39523]]
Where:
MaxCredit is 12.6 (grams CO2-equivalent/mile) for air
conditioning systems using HFC-134a, and 13.8 (grams CO2-
equivalent/mile) for air conditioning systems using a refrigerant
with a lower global warming potential.
Leakage means the annual refrigerant leakage rate determined
according to the provisions of Sec. 86.166-12(a), except if the
calculated rate is less than 8.3 grams/year (4.1 grams/year for
systems using only electric compressors), the rate for the purpose
of this formula shall be 8.3 grams/year (4.1 grams/year for systems
using only electric compressors).
The constant 16.6 is the average passenger car impact of air
conditioning leakage in units of grams/year.
GWPREF means the global warming potential of the
refrigerant as indicated in paragraph (b)(5) of this section or as
otherwise determined by the Administrator.
GWPHFC134a means the global warming potential of HFC-134a
as indicated in paragraph (b)(5) of this section or as otherwise
determined by the Administrator.
(ii) Light trucks:
[GRAPHIC] [TIFF OMITTED] TR06JY11.012
Where:
MaxCredit is 15.6 (grams CO2-equivalent/mile) for air
conditioning systems using HFC-134a, and 17.2 (grams CO2-
equivalent/mile) for air conditioning systems using a refrigerant
with a lower global warming potential.
Leakage means the annual refrigerant leakage rate determined
according to the provisions of Sec. 86.166-12(a), except if the
calculated rate is less than 10.4 grams/year (5.2 grams/year for
systems using only electric compressors), the rate for the purpose
of this formula shall be 10.4 grams/year (5.2 grams/year for systems
using only electric compressors).
The constant 20.7 is the average light truck impact of air
conditioning leakage in units of grams/year.
GWPREF means the global warming potential of the
refrigerant as indicated in paragraph (b)(5) of this section or as
otherwise determined by the Administrator.
GWPR134a means the global warming potential of HFC-134a
as indicated in paragraph (b)(5) of this section or as otherwise
determined by the Administrator.
* * * * *
(c) * * *
(5) * * *
(iv) Air conditioning systems with compressors that are powered
solely by electricity shall submit Air Conditioning Idle Test Procedure
data to be eligible to generate credits in 2014 and later model years,
but such systems are not required to meet a specific threshold to be
eligible to generate such credits, as long as the engine is off for at
least 2 cumulative minutes during the air conditioning-on portion of
the Idle Test Procedure in Sec. 86.165-12(d).
* * * * *
(d) * * *
(1) Qualification criteria. To qualify for this credit, the
following criteria must be met as determined by the Administrator:
* * * * *
0
13. Section 86.1867-12 is amended by removing and reserving paragraph
(a)(1)(iii)(A), by revising paragraphs (a)(1)(i), (a)(1)(ii), removing
and reserving paragraph (a)(3)(iv)(A), and revising paragraphs
(a)(3)(iv)(F), (a)(3)(vi), (a)(4), (b)(2), and (e)(4)(ii) to read as
follows:
Sec. 86.1867-12 Optional early CO2 credit programs.
* * * * *
(a) * * *
(1) * * *
(i) An average carbon-related exhaust emission value calculation
will be made for the combined LDV/LDT1 averaging set, where the terms
LDV and LDT1 are as defined in Sec. 86.1803.
(ii) An average carbon-related exhaust emission value calculation
will be made for the combined LDT2/HLDT/MDPV averaging set, where the
terms LDT2, HLDT, and MDPV are as defined in Sec. 86.1803.
(iii) * * *
(A) [Reserved]
* * * * *
(3) * * *
(iv) * * *
(A) Vehicles sold in California and the section 177 states
determined in paragraph (a)(2)(i) of this section shall not be
included.
* * * * *
(F) Electric, fuel cell, and plug-in hybrid electric model type
carbon-related exhaust emission values shall be included in the fleet
average determined under paragraph (a)(1) of this section only to the
extent that such vehicles are not being used to generate early advanced
technology vehicle credits under paragraph (c) of this section.
* * * * *
(vi) Credits are earned on the last day of the model year.
Manufacturers must calculate, for a given model year, the number of
credits or debits it has generated according to the following equation,
rounded to the nearest megagram:
CO2 Credits or Debits (Mg) = [(CO2 Credit
Threshold - Manufacturer's Sales Weighted Fleet Average CO2
Emissions) x (Total Number of Vehicles Sold) x (Vehicle Lifetime
Miles)] / 1,000,000
Where:
CO2 Credit Threshold = the applicable credit threshold
value for the model year and vehicle averaging set as determined by
paragraph (a)(3)(v) of this section.
Manufacturer's Sales Weighted Fleet Average CO2 Emissions
= average calculated according to paragraph (a)(3)(iv) of this
section.
Total Number of Vehicles Sold = The number of vehicles domestically
sold as defined in Sec. 600.511 of this chapter except that
vehicles sold in California and the section 177 states determined in
paragraph (a)(2)(i) of this section shall not be included.
Vehicle Lifetime Miles is 195,264 for the LDV/LDT1 averaging set and
225,865 for the LDT2/HLDT/MDPV averaging set.
* * * * *
(4) Pathway 4. Pathway 4 credits are those credits earned under
Pathway 3 as described in paragraph (a)(3) of this section in the set
of states that does not include California and the section 177 states
determined in paragraph (a)(2)(i) of this section and calculated
according to paragraph (a)(3) of this section. Credits may only be
generated by vehicles sold in the set of states that does not include
California and the section 177 states determined in paragraph (a)(2)(i)
of this section.
(b) * * *
(2) Manufacturers must be participating in one of the early fleet
average credit pathways described in paragraphs (a)(1), (2), or (3) of
this section in order to generate early air conditioning credits for
vehicles sold in California and the section 177 states as determined in
paragraph (a)(2)(i) of this section. Manufacturers that select Pathway
4 as described in paragraph (a)(4) of this section may not generate
early air conditioning credits for vehicles sold in California and the
section 177 states as determined in paragraph (a)(2)(i) of this
section. Manufacturers not participating in one of the early fleet
average credit pathways described in this section may
[[Page 39524]]
generate early air conditioning credits only for vehicles sold in
states other than in California and the section 177 states as
determined in paragraph (a)(2)(i) of this section.
* * * * *
(e) * * *
(4) * * *
(ii) The leakage and efficiency credit values and all the
information required to determine these values.
* * * * *
PART 600--FUEL ECONOMY AND GREENHOUSE GAS EXHAUST EMISSIONS OF
MOTOR VEHICLES
0
14. The authority citation for part 600 continues to read as follows:
Authority: 49 U.S.C. 32901-23919q, Pub. L. 109-58.
0
15. The heading for part 600 is revised to read as set forth above.
Subpart A--General Provisions
0
16. The heading for subpart A is revised as set forth above.
Sec. Sec. 600.001-08, 600.001-86, 600.001-93, 600.002-85, 600.002-93,
600.004-77, 600.006-86, 600.006-87, 600.006-89, 600.007-80, 600.008-01,
600.008-77, and 600.010-86 [Removed]
0
17. Subpart A is amended by removing the following sections:
Sec. 600.001-08.
Sec. 600.001-86.
Sec. 600.001-93.
Sec. 600.002-85.
Sec. 600.002-93.
Sec. 600.004-77.
Sec. 600.006-86.
Sec. 600.006-87.
Sec. 600.006-89.
Sec. 600.007-80.
Sec. 600.008-01.
Sec. 600.008-77.
Sec. 600.010-86.
Sec. 600.001-12 [Redesignated as Sec. 600.001]
Sec. 600.002-08 [Redesignated as Sec. 600.002]
Sec. 600.003-77 [Redesignated as Sec. 600.003]
Sec. 600.005-81 [Redesignated as Sec. 600.005]
Sec. 600.006-08 [Redesignated as Sec. 600.006]
Sec. 600.007-08 [Redesignated as Sec. 600.007]
Sec. 600.008-08 [Redesignated as Sec. 600.008]
Sec. 600.009-85 [Redesignated as Sec. 600.009]
Sec. 600.010-08 [Redesignated as Sec. 600.010]
Sec. 600.011-93 [Redesignated as Sec. 600.011]
0
18. Redesignate Sec. Sec. 600.001-12 through 600.011-93 as follows:
------------------------------------------------------------------------
Old section New section
------------------------------------------------------------------------
Sec. 600.001-12 Sec. 600.001
Sec. 600.002-08 Sec. 600.002
Sec. 600.003-77 Sec. 600.003
Sec. 600.005-81 Sec. 600.005
Sec. 600.006-08 Sec. 600.006
Sec. 600.007-08 Sec. 600.007
Sec. 600.008-08 Sec. 600.008
Sec. 600.009-85 Sec. 600.009
Sec. 600.010-08 Sec. 600.010
Sec. 600.011-93 Sec. 600.011
------------------------------------------------------------------------
0
19. Newly redesignated Sec. 600.001 is revised to read as follows:
Sec. 600.001 General applicability.
(a) The provisions of this part apply to 2008 and later model year
automobiles that are not medium duty passenger vehicles, and to 2011
and later model year automobiles including medium-duty passenger
vehicles.
(b) The provisions of subparts A, D, and F of this part are
optional through the 2011 model year in the following cases:
(1) Manufacturers that produce only electric vehicles are exempt
from the requirements 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.
(c) Unless stated otherwise, references to fuel economy or fuel
economy data in this part shall also be interpreted to mean the related
exhaust emissions of CO2, HC, and CO, and where applicable
for alternative fuel vehicles, CH3OH,
C2H5OH, C2H4O, HCHO, NMHC
and CH4. References to average fuel economy shall be
interpreted to also mean average carbon-related exhaust emissions and
average CO2 emissions. References to fuel economy data
vehicles shall also be meant to refer to vehicles tested for carbon-
related exhaust emissions for the purpose of demonstrating compliance
with fleet average CO2 standards in Sec. 86.1818 of this
chapter.
(d) The model year of initial applicability for sections in this
part is indicated by the section number. The two digits following the
hyphen designate the first model year for which a section is
applicable. An individual section continues to apply for later model
years until it is replaced by a different section that applies starting
in a later model year. Sections that have no two-digit suffix apply for
all 2008 and later model year vehicles, except as noted in those
sections. If a section has a two-digit suffix but the regulation
references that section without including the two-digit suffix, this
refers to the section applicable for the appropriate model year. This
also applies for references to part 86 of this chapter. As an example,
Sec. 600.113-08 applies to the 2008 and subsequent model years until
Sec. 600.113-12 is applicable beginning with the 2012 model year.
Section 600.111-08 would then apply only for 2008 through 2011 model
year vehicles.
0
20. Newly redesignated Sec. 600.002 is revised to read as follows:
Sec. 600.002 Definitions.
The following definitions apply throughout this part:
3-bag FTP means the Federal Test Procedure specified in part 86 of
this chapter, with three sampling portions consisting of the cold-start
transient (``Bag 1''), stabilized (``Bag 2''), and hot-start transient
phases (``Bag 3'').
4-bag FTP means the 3-bag FTP, with the addition of a sampling
portion for the hot-start stabilized phase (``Bag 4'').
5-cycle means the FTP, HFET, US06, SC03 and cold temperature FTP
tests as described in subparts B and C of this part.
Administrator means the Administrator of the Environmental
Protection Agency or his authorized representative.
Alcohol means a mixture containing 85 percent or more by volume
methanol, ethanol, or other alcohols, in any combination.
Alcohol-fueled automobile means an automobile designed to operate
exclusively on alcohol.
Alcohol dual fuel automobile means an automobile:
(1) Which is designed to operate on alcohol and on gasoline or
diesel fuel; and
(2) Which provides equal or greater energy efficiency as calculated
in accordance with Sec. 600.510-08(g)(1) or Sec. 600.510-12(g)(1)
while operating on alcohol as it does while operating on gasoline or
diesel fuel; and
(3) 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.
Alternative fuel means any of the following:
(1) Methanol.
(2) Denatured ethanol.
(3) Other alcohols.
(4) A mixture containing at least 85 percent (or an alternative
percentage as specified by the Secretary of Transportation under 49
U.S.C.
[[Page 39525]]
32901(b)) of methanol, denatured ethanol, and other alcohols by volume
with gasoline or other fuels.
(5) Natural gas.
(6) Liquefied petroleum gas.
(7) Hydrogen.
(8) Coal derived liquid fuels.
(9) Fuels (except alcohol) derived from biological materials.
(10) Electricity (including electricity from solar energy).
(11) Any other fuel the Secretary of Transportation prescribes by
regulation under 49 U.S.C. 32901(a)(1)(K).
Automobile has the meaning given by the Department of
Transportation at 49 CFR 523.3. This includes ``passenger automobiles''
and ``non-passenger automobiles'' (or ``light trucks'').
Auxiliary emission control device (AECD) means an element of design
as defined in Sec. 86.1803 of this chapter.
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.
Axle ratio means the number of times the input shaft to the
differential (or equivalent) turns for each turn of the drive wheels.
Base level means a unique combination of basic engine, inertia
weight class and transmission class.
Base tire means the tire specified as standard equipment by the
manufacturer.
Base vehicle means the lowest priced version of each body style
that makes up a car line.
Basic engine means a unique combination of manufacturer, engine
displacement, number of cylinders, fuel system (e.g., type 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.
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.
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.
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.
Carbon-related exhaust emissions (CREE) means the summation of the
carbon-containing constituents of the exhaust emissions, with each
constituent adjusted by a coefficient representing the carbon weight
fraction of each constituent relative to the CO2 carbon
weight fraction, as specified in Sec. 600.113. For example, carbon-
related exhaust emissions (weighted 55 percent city and 45 percent
highway) are used to demonstrate compliance with fleet average
CO2 emission standards outlined in Sec. 86.1818 of this
chapter.
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.
Certification vehicle means a vehicle which is selected under Sec.
86.1828 of this chapter and used to determine compliance under Sec.
86.1848 of this chapter for issuance of an original certificate of
conformity.
City fuel economy means the city fuel economy determined by
operating a vehicle (or vehicles) over the driving schedule in the
Federal emission test procedure, or determined according to the
vehicle-specific 5-cycle or derived 5-cycle procedures.
Cold temperature FTP means the test performed under the provisions
of subpart C of part 86 of this chapter.
Combined fuel economy means:
(1) 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.
(2) 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.
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.
Derived 5-cycle fuel economy means the 5-cycle fuel economy derived
from the FTP-based city and HFET-based highway fuel economy by means of
the equation provided in Sec. 600.210.
Derived 5-cycle CO2 means the 5-cycle CO2
derived from the FTP-based city and HFET-based highway fuel economy by
means of the equation provided in Sec. 600.210.
Diesel gallon equivalent means an amount of electricity or fuel
with the energy equivalence of one gallon of diesel fuel. For purposes
of this part, one gallon of diesel fuel is equivalent to 36.7 kilowatt-
hours of electricity.
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.
Dual fueled automobile means an automobile:
(1) Which is designed to operate on an alternative fuel and on
gasoline or diesel fuel; and
(2) Which provides equal or greater energy efficiency as calculated
in accordance with Sec. 600.510-08(g)(1) or Sec. 600.510-12(g)(1)
while operating on the alternative fuel as it does while operating on
gasoline or diesel fuel; and
(3) 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.
Electrical charging system means a device to convert 60 Hz
alternating electric current, as commonly available in residential
electric service in the United States, to a proper form for recharging
the energy storage device.
Electric traction motor means an electrically powered motor which
provides tractive energy to the wheels of a vehicle.
Electric vehicle has the meaning given in Sec. 86.1803 of this
chapter.
Energy storage device means a rechargeable means of storing
tractive energy on board a vehicle such as storage batteries or a
flywheel.
Engine code means a unique combination, within an engine-system
combination (as defined in Sec. 86.1803 of this chapter), of
displacement, fuel injection (or carburetion or other fuel delivery
system), 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,
[[Page 39526]]
motor controller, and energy storage device.
Federal emission test procedure (FTP) refers to the dynamometer
driving schedule, dynamometer procedure, and sampling and analytical
procedures described in part 86 of this chapter for the respective
model year, which are used to derive city fuel economy data.
Footprint has the meaning given in Sec. 86.1803 of this chapter.
FTP-based city fuel economy means the fuel economy determined in
Sec. 600.113 of this part, on the basis of FTP testing.
Fuel means:
(1) Gasoline and diesel fuel for gasoline- or diesel-powered
automobiles; or
(2) Electrical energy for electrically powered automobiles; or
(3) Alcohol for alcohol-powered automobiles; or
(4) Natural gas for natural gas-powered automobiles; or
(5) Liquid Petroleum Gas (LPG), commonly referred to as
``propane,'' for LPG-powered automobiles; or
(6) Hydrogen for hydrogen fuel cell automobiles and for automobiles
equipped with hydrogen internal combustion engines.
Fuel cell has the meaning given in Sec. 86.1803 of this chapter.
Fuel cell vehicle has the meaning given in Sec. 86.1803 of this
chapter.
Fuel economy means:
(1) The average number of miles traveled by an automobile or group
of automobiles per volume of fuel consumed as calculated in this part;
or
(2) For the purpose of calculating average fuel economy pursuant to
the provisions of part 600, subpart F, fuel economy for electrically
powered automobiles means the equivalent petroleum-based fuel economy
as determined by the Secretary of Energy in accordance with the
provisions of 10 CFR 474.
Fuel economy data vehicle means a vehicle used for the purpose of
determining fuel economy which is not a certification vehicle.
Gasoline gallon equivalent means an amount of electricity or fuel
with the energy equivalence of one gallon of gasoline. For purposes of
this part, one gallon of gasoline is equivalent to 33.705 kilowatt-
hours of electricity or 121.5 standard cubic feet of natural gas.
Good engineering judgment has the meaning given in Sec. 1068.30 of
this chapter. See Sec. 1068.5 of this chapter for the administrative
process we use to evaluate good engineering judgment.
Gross vehicle weight rating means the manufacturer's gross weight
rating for the individual vehicle.
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.
Highway fuel economy means the highway fuel economy determined
either by operating a vehicle (or vehicles) over the driving schedule
in the Federal highway fuel economy test procedure, or determined
according to either the vehicle-specific 5-cycle equation or the
derived 5-cycle equation for highway fuel economy.
Highway fuel economy test procedure (HFET) 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.
HFET-based fuel economy means the highway fuel economy determined
in Sec. 600.113 of this part, on the basis of HFET testing.
Hybrid electric vehicle (HEV) has the meaning given in Sec.
86.1803 of this chapter.
Independent Commercial Importer has the meaning given in Sec.
85.1502 of this chapter.
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.
Label means a sticker that contains fuel economy information and is
affixed to new automobiles in accordance with subpart D of this part.
Light truck means an automobile that is not a passenger automobile,
as defined by the Secretary of Transportation at 49 CFR 523.5. This
term is interchangeable with ``non-passenger automobile.'' The term
``light truck'' includes medium-duty passenger vehicles which are
manufactured during 2011 and later model years.
Medium-duty passenger vehicle means a vehicle which would satisfy
the criteria for light trucks as defined by the Secretary of
Transportation at 49 CFR 523.5 but for its gross vehicle weight rating
or its curb weight, which is rated at more than 8,500 lbs GVWR or has a
vehicle curb weight of more than 6,000 pounds or has a basic vehicle
frontal area in excess of 45 square feet, and which is designed
primarily to transport passengers, but does not include a vehicle that:
(1) Is an ``incomplete truck'' as defined in this subpart; or
(2) Has a seating capacity of more than 12 persons; or
(3) Is designed for more than 9 persons in seating rearward of the
driver's seat; or
(4) Is equipped with an open cargo area (for example, a pick-up
truck box or bed) of 72.0 inches in interior length or more. A covered
box not readily accessible from the passenger compartment will be
considered an open cargo area for purposes of this definition.
Minivan means a light truck which is designed primarily to carry no
more than eight passengers, having an integral enclosure fully
enclosing the driver, passenger, and load-carrying compartments, and
rear seats readily removed, folded, stowed, or pivoted to facilitate
cargo carrying. A minivan typically includes one or more sliding doors
and a rear liftgate. Minivans typically have less total interior volume
or overall height than full sized vans and are commonly advertised and
marketed as ``minivans.''
Model type means a unique combination of car line, basic engine,
and transmission class.
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.
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.
Natural gas-fueled automobile means an automobile designed to
operate exclusively on natural gas.
Natural gas dual fuel automobile means an automobile:
(1) Which is designed to operate on natural gas and on gasoline or
diesel fuel;
(2) Which provides equal or greater energy efficiency as calculated
in Sec. 600.510-08(g)(1) while operating on natural gas as it does
while operating on gasoline or diesel fuel; and
(3) 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.
Non-passenger automobile has the meaning given by the Department of
Transportation at 49 CFR 523.5. This term is synonymous with ``light
truck.''
Passenger automobile has the meaning given by the Department of
Transportation at 49 CFR 523.4.
Pickup truck means a nonpassenger automobile which has a passenger
compartment and an open cargo bed.
[[Page 39527]]
Plug-in hybrid electric vehicle (PHEV) has the meaning given in
Sec. 86.1803 of this chapter.
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.
QR Code means Quick Response Code, which is a registered trademark
of Denso Wave, Incorporated.
Round has the meaning given in Sec. 1065.1001 of this chapter,
unless specified otherwise.
SC03 means the test procedure specified in Sec. 86.160 of this
chapter.
Secretary of Energy means the Secretary of Energy or his authorized
representative.
Secretary of Transportation means the Secretary of Transportation
or his authorized representative.
Sport utility vehicle (SUV) means a light truck with an extended
roof line to increase cargo or passenger capacity, cargo compartment
open to the passenger compartment, and one or more rear seats readily
removed or folded to facilitate cargo carrying.
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.
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.
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.
Track width has the meaning given in Sec. 86.1803 of this chapter.
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.
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.
Ultimate consumer means the first person who purchases an
automobile for purposes other than resale or who leases an automobile.
US06 means the test procedure as described in Sec. 86.159 of this
chapter.
US06-City means the combined periods of the US06 test that occur
before and after the US06-Highway period.
US06-Highway means the period of the US06 test that begins at the
end of the deceleration which is scheduled to occur at 130 seconds of
the driving schedule and terminates at the end of the deceleration
which is scheduled to occur at 495 seconds of the driving schedule.
Usable fuel storage capacity means the amount of fuel that is
available to a vehicle starting from a complete refueling event until
the vehicle stops (or until driveability deteriorates to the point that
further driving is unlikely or impractical). For liquid fuels, the
usable fuel storage capacity represents the difference between the
total fuel volume after a complete refueling event and the fuel volume
that remains in the fuel tank after the vehicle runs out of fuel. For
other fuels, use good engineering judgment to determine the full and
empty conditions consistent with typical consumer behavior. For
example, for natural gas vehicles, the full condition would be the
point at which a typical operator would stop refueling based on the
increasing system pressures, which are determined by temperature
effects related to the refueling process; this does not necessarily
represent the maximum amount of fuel the tank can hold under
equilibrium conditions. The empty condition would be the point at which
fuel pressure drops enough that the engine is unable to maintain stable
air-fuel ratios for acceptable continued operation.
Van means any light truck having an integral enclosure fully
enclosing the driver compartment and load carrying compartment. The
distance from the leading edge of the windshield to the foremost body
section of vans is typically shorter than that of pickup trucks and
SUVs.
Vehicle configuration means a unique combination of basic engine,
engine code, inertia weight class, transmission configuration, and axle
ratio within a base level.
Vehicle-specific 5-cycle CO2 means the CO2 calculated
according to the procedures in Sec. 600.114.
Vehicle-specific 5-cycle fuel economy means the fuel economy
calculated according to the procedures in Sec. 600.114.
Wheelbase has the meaning given in Sec. 86.1803 of this chapter.
0
21. Newly redesignated Sec. 600.003 is revised to read as follows:
Sec. 600.003 Abbreviations.
The abbreviations and acronyms used in this part have the same
meaning as those in part 86 of this chapter, with the addition of the
following:
(a) ``MPG'' or ``mpg'' means miles per gallon. This may be used to
generally describe fuel economy as a quantity, or it may be used as the
units associated with a particular value.
(b) MPGe means miles per gallon equivalent. This is generally used
to quantify a fuel economy value for vehicles that use a fuel other
than gasoline. The value represents miles the vehicle can drive with
the energy equivalent of one gallon of gasoline.
(c) SCF means standard cubic feet.
(d) SUV means sport utility vehicle.
(e) CREE means carbon-related exhaust emissions.
0
22. Newly redesignated Sec. 600.005 is amended by revising the
introductory text and paragraph (a) to read as follows:
Sec. 600.005 Maintenance of records and rights of entry.
The provisions of this section are applicable to all fuel economy
data vehicles. Certification vehicles are required to meet the
provisions of Sec. 86.1844 of this chapter.
(a) The manufacturer of any new motor vehicle subject to any of the
standards or procedures prescribed in this part shall establish,
maintain, and retain the following adequately organized and indexed
records:
(1) General records. (i) Identification and description of all
vehicles for which data are submitted to meet the requirements of this
part.
(ii) A description of all procedures used to test each vehicle.
(iii) A copy of the information required to be submitted under
Sec. 600.006 fulfills the requirements of paragraph (a)(1)(i) of this
section.
(2) Individual records. A brief history of each vehicle for which
data are
[[Page 39528]]
submitted to meet the requirements of this part, in the form of a
separate booklet or other document for each separate vehicle, in which
must be recorded:
(i) The steps taken to ensure that the vehicle with respect to its
engine, drive train, fuel system, emission control system components,
exhaust after treatment device, vehicle weight, or any other device or
component, as applicable, will be representative of production
vehicles. In the case of electric vehicles, the manufacturer should
describe the steps taken to ensure that the vehicle with respect to its
electric traction motor, motor controller, battery configuration, or
any other device or component, as applicable, will be representative of
production vehicles.
(ii) A complete record of all emission tests performed under part
86 of this chapter, all fuel economy tests performed under this part
600 (except tests actually performed by EPA personnel), and all
electric vehicle tests performed according to procedures promulgated by
DOE, including all individual worksheets and other documentation
relating to each such test or exact copies thereof; the date, time,
purpose, and location of each test; the number of miles accumulated on
the vehicle when the tests began and ended; and the names of
supervisory personnel responsible for the conduct of the tests.
(iii) A description of mileage accumulated since selection of
buildup of such vehicles including the date and time of each mileage
accumulation listing both the mileage accumulated and the name of each
driver, or each operator of the automatic mileage accumulation device,
if applicable. Additionally, a description of mileage accumulated prior
to selection or buildup of such vehicle must be maintained in such
detail as is available.
(iv) If used, the record of any devices employed to record the
speed or mileage, or both, of the test vehicle in relationship to time.
(v) A record and description of all maintenance and other servicing
performed, within 2,000 miles prior to fuel economy testing under this
part, giving the date and time of the maintenance or service, the
reason for it, the person authorizing it, and the names of supervisory
personnel responsible for the conduct of the maintenance or service. A
copy of the maintenance information to be submitted under Sec. 600.006
fulfills the requirements of this paragraph (a)(2)(v).
(vi) A brief description of any significant events affecting the
vehicle during any of the period covered by the history not described
in an entry under one of the previous headings including such
extraordinary events as vehicle accidents or driver speeding citations
or warnings.
(3) Keeping records. The manufacturer shall retain all records
required under this part for five years after the end of the model year
to which they relate. Records may be retained as hard copy or some
alternative storage medium, provided that in every case all the
information contained in hard copy shall be retained.
* * * * *
0
23. Newly redesignated Sec. 600.006 is amended by revising paragraphs
(c), (e), and (g) to read as follows:
Sec. 600.006 Data and information requirements for fuel economy data
vehicles.
* * * * *
(c) The manufacturer shall submit the following fuel economy data:
(1) For vehicles tested to meet the requirements of part 86 of this
chapter (other than those chosen in accordance with the provisions
related to durability demonstration in Sec. 86.1829 of this chapter or
in-use verification testing in Sec. 86.1845 of this chapter), the FTP,
highway, US06, SC03 and cold temperature FTP fuel economy results, as
applicable, from all tests on that vehicle, and the test results
adjusted in accordance with paragraph (g) of this section.
(2) For each fuel economy data vehicle, all individual test results
(excluding results of invalid and zero mile tests) and these test
results adjusted in accordance with paragraph (g) of this section.
(3) For diesel vehicles tested to meet the requirements of part 86
of this chapter, data from a cold temperature FTP, performed in
accordance with Sec. 600.111-08(e), using the fuel specified in Sec.
600.107-08(c).
(4) For all vehicles tested in paragraph (c)(1) through (3) of this
section, the individual fuel economy results measured on a per-phase
basis, that is, the individual phase results for all sample phases of
the FTP, cold temperature FTP and US06 tests.
(5) Starting with the 2012 model year, the data submitted according
to paragraphs (c)(1) through (4) of this section shall include total
HC, CO, CO2, and, where applicable for alternative fuel
vehicles, CH3OH, C2H5OH,
C2H4O, HCHO, NMHC and CH4.
Manufacturers incorporating N2O and CH4 emissions
in their fleet average carbon-related exhaust emissions as allowed
under Sec. 86.1818 of this chapter shall also submit N2O
and CH4 emission data where applicable. The fuel economy,
carbon-related exhaust emissions, and CO2 emission test
results shall be adjusted in accordance with paragraph (g) of this
section.
* * * * *
(e) In lieu of submitting actual data from a test vehicle, a
manufacturer may provide fuel economy, CO2 emissions, and
carbon-related exhaust emission values derived from a previously tested
vehicle, where the fuel economy, CO2 emissions, and carbon-
related exhaust emissions are expected to be equivalent (or less fuel-
efficient and with higher CO2 emissions and carbon-related
exhaust emissions). Additionally, in lieu of submitting actual data
from a test vehicle, a manufacturer may provide fuel economy,
CO2 emissions, and carbon-related exhaust emission values
derived from an analytical expression, e.g., regression analysis. In
order for fuel economy, CO2 emissions, and carbon-related
exhaust emission values derived from analytical methods to be accepted,
the expression (form and coefficients) must have been approved by the
Administrator.
* * * * *
(g)(1) The manufacturer shall adjust all test data used for fuel
economy label calculations in subpart D and average fuel economy
calculations in subpart F for the classes of automobiles within the
categories identified in paragraphs of Sec. 600.510(a)(1) through (4).
The test data shall be adjusted in accordance with paragraph (g)(3) or
(4) of this section as applicable.
(2) [Reserved]
(3)(i) The manufacturer shall adjust all fuel economy test data
generated by vehicles with engine-drive system combinations with more
than 6,200 miles by using the following equation:
FE4,000mi = FET[0.979 + 5.25 x
10-\6\(mi)]-\1\
Where:
FE4,000mi = Fuel economy data adjusted to 4,000-mile test
point rounded to the nearest 0.1 mpg.
FET = Tested fuel economy value rounded to the nearest
0.1 mpg.
mi = System miles accumulated at the start of the test rounded to
the nearest whole mile.
(ii)(A) The manufacturer shall adjust all carbon-related exhaust
emission (CREE) and all CO2 test data generated by vehicles
with engine-drive system combinations with more than 6,200 miles by
using the following equation:
ADJ4,000mi = TEST[0.979 + 5.25 [middot] 10-\6\
[middot] (mi)]
Where:ADJ4,000mi = CREE or CO2 emission data
adjusted to 4,000-mile test point.
[[Page 39529]]
TEST = Tested emissions value of CREE or CO2 in grams per
mile.
mi = System miles accumulated at the start of the test rounded to
the nearest whole mile.
(B) Emissions test values and results used and determined in the
calculations in this paragraph (g)(3)(ii) shall be rounded in
accordance with Sec. 86.1837 of this chapter as applicable.
CO2 and CREE values shall be rounded to the nearest gram per
mile.
(C) Note that the CREE test results are determined using the
unadjusted CO2 value; i.e., CO2 is not adjusted
twice when determining the 4,000 mile CREE value.
(4) For vehicles with 6,200 miles or less accumulated, the
manufacturer is not required to adjust the data.
(5) The Administrator may specify a different adjustment
calculation for electric vehicles, plug-in hybrid electric vehicles,
and fuel cell vehicles to allow for properly characterizing the fuel
economy and emissions of these vehicles.
0
24. Newly redesignated Sec. 600.007 is amended by revising paragraphs
(a), (b), and (e) to read as follows:
Sec. 600.007 Vehicle acceptability.
(a) All certification vehicles and other vehicles tested to meet
the requirements of part 86 of this chapter (other than those chosen
under the durability-demonstration provisions in Sec. 86.1829 of this
chapter), are considered to have met the requirements of this section.
(b) Any vehicle not meeting the provisions of paragraph (a) of this
section must be judged acceptable by the Administrator under this
section in order for the test results to be reviewed for use in subpart
C or F of this part. The Administrator will judge the acceptability of
a fuel economy data vehicle on the basis of the information supplied by
the manufacturer under Sec. 600.006(b). The criteria to be met are:
(1) A fuel economy data vehicle may have accumulated not more than
10,000 miles. A vehicle will be considered to have met this requirement
if the engine and drivetrain have accumulated 10,000 or fewer miles.
The Administrator may specify a different maximum value for electric
vehicles, plug-in hybrid electric vehicles, and fuel cell vehicles that
allows for the necessary operation for properly evaluating and
characterizing those vehicles under this part. The components installed
for a fuel economy test are not required to be the ones with which the
mileage was accumulated, e.g., axles, transmission types, and tire
sizes may be changed. The Administrator will determine if vehicle/
engine component changes are acceptable.
(2) A vehicle may be tested in different vehicle configurations by
change of vehicle components, as specified in paragraph (b)(1) of this
section, or by testing in different inertia weight classes. Also, a
single vehicle may be tested under different test conditions, i.e.,
test weight and/or road load horsepower, to generate fuel economy data
representing various situations within a vehicle configuration. For
purposes of this part, data generated by a single vehicle tested in
various test conditions will be treated as if the data were generated
by the testing of multiple vehicles.
(3) The mileage on a fuel economy data vehicle must be, to the
extent possible, accumulated according to Sec. 86.1831 of this
chapter.
(4) Each fuel economy data vehicle must meet the same exhaust
emission standards as certification vehicles of the respective engine-
system combination during the test in which the city fuel economy test
results are generated. This may be demonstrated using one of the
following methods:
(i) The deterioration factors established for the respective
engine-system combination per Sec. 86.1841 of this chapter as
applicable will be used; or
(ii) The fuel economy data vehicle will be equipped with aged
emission control components according to the provisions of Sec.
86.1823 of this chapter.
(5) The calibration information submitted under Sec. 600.006(b)
must be representative of the vehicle configuration for which the fuel
economy, CO2 emissions, and carbon-related exhaust emissions
data were submitted.
(6) Any vehicle tested for fuel economy, CO2 emissions,
or carbon-related exhaust emissions purposes must be representative of
a vehicle which the manufacturer intends to produce under the
provisions of a certificate of conformity.
(7) For vehicles imported under Sec. 85.1509 or Sec.
85.1511(b)(2), (b)(4), (c)(1), (c)(2) or (d) of this chapter (when
applicable), only the following requirements must be met:
(i) For vehicles imported under Sec. 85.1509 of this chapter, a
highway fuel economy value must be generated contemporaneously with the
emission tests used for purposes of demonstrating compliance with Sec.
85.1509 of this chapter. No modifications or adjustments should be made
to the vehicles between the highway fuel economy, FTP, US06, SC03 and
Cold temperature FTP tests.
(ii) For vehicles imported under Sec. 85.1509 or Sec.
85.1511(b)(2), (b)(4), (c)(1), or (c)(2) of this chapter (when
applicable) with over 10,000 miles, the equation in Sec. 600.006(g)(3)
shall be used as though only 10,000 miles had been accumulated.
(iii) Any required fuel economy testing must take place after any
safety modifications are completed for each vehicle as required by
regulations of the Department of Transportation.
(iv) Every vehicle imported under Sec. 85.1509 or Sec.
85.1511(b)(2), (b)(4), (c)(1), or (c)(2) of this chapter (when
applicable) must be considered a separate type for the purposes of
calculating a fuel economy label for a manufacturer's average fuel
economy.
* * * * *
(e) If, based on a review of the emission data for a fuel economy
data vehicle, submitted under Sec. 600.006(b), or emission data
generated by a vehicle tested under Sec. 600.008(e), the Administrator
finds an indication of non-compliance with section 202 of the Clean Air
Act, 42 U.S.C. 1857 et seq. of the regulation thereunder, he may take
such investigative actions as are appropriate to determine to what
extent emission non-compliance actually exists.
(1) The Administrator may, under the provisions of Sec. 86.1830 of
this chapter, request the manufacturer to submit production vehicles of
the configuration(s) specified by the Administrator for testing to
determine to what extent emission noncompliance of a production vehicle
configuration or of a group of production vehicle configurations may
actually exist.
(2) If the Administrator determines, as a result of his
investigation, that substantial emission non-compliance is exhibited by
a production vehicle configuration or group of production vehicle
configurations, he may proceed with respect to the vehicle
configuration(s) as provided under section 206 or 207, as applicable,
of the Clean Air Act, 42 U.S.C. 1857 et seq.
* * * * *
0
25. Newly redesignated Sec. 600.008 is amended by revising the section
heading and paragraphs (a)(1) and (a)(2)(i) to read as follows:
Sec. 600.008 Review of fuel economy, CO2 emissions, and carbon-
related exhaust emission data, testing by the Administrator.
(a) * * *
(1)(i) The Administrator may require that any one or more of the
test vehicles be submitted to the Agency, at such place or places as
the Agency may designate, for the purposes of
[[Page 39530]]
conducting fuel economy tests. The Administrator may specify that such
testing be conducted at the manufacturer's facility, in which case
instrumentation and equipment specified by the Administrator shall be
made available by the manufacturer for test operations. The tests to be
performed may comprise the FTP, highway fuel economy test, US06, SC03,
or Cold temperature FTP or any combination of those tests. Any testing
conducted at a manufacturer's facility pursuant to this paragraph shall
be scheduled by the manufacturer as promptly as possible.
(ii) Starting with the 2012 model year for carbon-related exhaust
emissions and with the 2013 model year for CO2 emissions,
the evaluations, testing, and test data described in this section
pertaining to fuel economy shall also be performed for CO2
emissions and carbon-related exhaust emissions, except that
CO2 emissions and carbon-related exhaust emissions shall be
arithmetically averaged instead of harmonically averaged, and in cases
where the manufacturer selects the lowest of several fuel economy
results to represent the vehicle, the manufacturer shall select the
CO2 emissions and carbon-related exhaust emissions value
from the test results associated with the lowest selected fuel economy
results.
(2) * * *
(i) The manufacturer's fuel economy data (or harmonically averaged
data if more than one test was conducted) will be compared with the
results of the Administrator's test.
* * * * *
0
26. Newly redesignated Sec. 600.009 is revised to read as follows:
Sec. 600.009 Hearing on acceptance of test data.
(a) The manufacturer may request a hearing on the Administrator's
decision if the Administrator rejects any of the following:
(1) The use of a manufacturer's fuel economy data vehicle, in
accordance with Sec. 600.008(e) or (g), or
(2) The use of fuel economy data, in accordance with Sec.
600.008(c), or (f), or
(3) The determination of a vehicle configuration, in accordance
with Sec. 600.206(a), or
(4) The identification of a car line, in accordance with Sec.
600.002, or
(5) The fuel economy label values determined by the manufacturer
under Sec. 600.312-08(a), then:
(b) The request for a hearing must be filed in writing within 30
days after being notified of the Administrator's decision. The request
must be signed by an authorized representative of the manufacturer and
include a statement specifying the manufacturer's objections to the
Administrator's determinations, with data in support of such objection.
(c) If, after the review of the request and supporting data, the
Administrator finds that the request raises one or more substantial
factual issues, the Administrator shall provide the manufacturer with a
hearing in accordance with the provisions of 40 CFR part 1068, subpart
G.
(d) A manufacturer's use of any fuel economy data which the
manufacturer challenges pursuant to this section shall not constitute
final acceptance by the manufacturer nor prejudice the manufacturer in
the exercise of any appeal pursuant to this section challenging such
fuel economy data.
0
27. Newly redesignated Sec. 600.010 is amended by revising paragraphs
(a) introductory text, (c), and (d) to read as follows:
Sec. 600.010 Vehicle test requirements and minimum data requirements.
(a) Unless otherwise exempted from specific emission compliance
requirements, for each certification vehicle defined in this part, and
for each vehicle tested according to the emission test procedures in
part 86 of this chapter for addition of a model after certification or
approval of a running change (Sec. 86.1842 of this chapter, as
applicable):
* * * * *
(c) Minimum data requirements for labeling. (1) In order to
establish fuel economy label values under Sec. 600.301, the
manufacturer shall use only test data accepted in accordance with Sec.
600.008 meeting the minimum coverage of:
(i) Data required for emission certification under Sec. Sec.
86.1828 and 86.1842 of this chapter.
(ii)(A) FTP and HFET data from the highest projected model year
sales subconfiguration within the highest projected model year sales
configuration for each base level, and
(B) If required under Sec. 600.115, for 2011 and later model year
vehicles, US06, SC03 and cold temperature FTP data from the highest
projected model year sales subconfiguration within the highest
projected model year sales configuration for each base level.
Manufacturers may optionally generate this data for any 2008 through
2010 model years, and, 2011 and later model year vehicles, if not
otherwise required.
(iii) For additional model types established under Sec. 600.208-
08(a)(2), Sec. 600.208-12(a)(2) Sec. 600.209-08(a)(2), or Sec.
600.209-12(a)(2) FTP and HFET data, and if required under Sec.
600.115, US06, SC03 and Cold temperature FTP data from each
subconfiguration included within the model type.
(2) For the purpose of recalculating fuel economy label values as
required under Sec. 600.314-08(b), the manufacturer shall submit data
required under Sec. 600.507.
(d) Minimum data requirements for the manufacturer's average fuel
economy and average carbon-related exhaust emissions. For the purpose
of calculating the manufacturer's average fuel economy and average
carbon-related exhaust emissions under Sec. 600.510, the manufacturer
shall submit FTP (city) and HFET (highway) test data representing at
least 90 percent of the manufacturer's actual model year production, by
configuration, for each category identified for calculation under Sec.
600.510-08(a) or Sec. 600.510-12(a)(1).
0
28. Newly redesignated Sec. 600.011 is revised to read as follows:
Sec. 600.011 Incorporation by reference.
(a) Certain material is incorporated by reference into this part
with the approval of the Director of the Federal Register under 5
U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that
specified in this section, the Environmental Protection Agency must
publish a notice of the change in the Federal Register and the material
must be available to the public. All approved material is available for
inspection at U.S. EPA, Air and Radiation Docket and Information
Center, 1301 Constitution Ave., NW., Room B102, EPA West Building,
Washington, DC 20460, (202) 202-1744, and is available from the sources
listed below. It is also available for inspection at the National
Archives and Records Administration (NARA). For information on the
availability of this material at NARA, call 202-741-6030, or go to:
http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html and is available from the sources
listed below:
(b) American Society for Testing and Materials, 100 Barr Harbor
Drive, P.O. Box C700, West Conshohocken, PA, 19428-2959, (610) 832-
9585, http://www.astm.org/.
(1) ASTM D975-11 Standard Specification for Diesel Fuel Oils,
approved March 1, 2011, IBR approved for Sec. 600.107-08(b).
(2) ASTM D 1298-99 (Reapproved 2005) Standard Practice for Density,
Relative Density (Specific Gravity), or API Gravity of Crude Petroleum
and Liquid Petroleum Products by Hydrometer Method, approved
[[Page 39531]]
November 1, 2005, IBR approved for Sec. Sec. 600.113-08(f) and (g),
600.113-12(f) and (g), 600.510-08(g), and 600.510-12(g).
(3) ASTM D 1945-03 (Reapproved 2010) Standard Test Method for
Analysis of Natural Gas By Gas Chromatography, approved January 1,
2010, IBR approved for Sec. Sec. 600.113-08(f) and 600.113-12(f).
(4) ASTM D 3338/D 3338M -09 Standard Test Method for Estimation of
Net Heat of Combustion of Aviation Fuels, approved April 15, 2009, IBR
approved for Sec. Sec. 600.113-08(f) and 600.113-12(f).
(5) ASTM D 3343-05 (Reapproved 2010) Standard Test Method for
Estimation of Hydrogen Content of Aviation Fuels, approved October 1,
2010, IBR approved for Sec. Sec. 600.113-08(f) and 600.113-12(f).
(c) Society of Automotive Engineers, 400 Commonwealth Dr.,
Warrendale, PA 15096-0001, (877) 606-7323 (U.S. and Canada) or (724)
776-4970 (outside the U.S. and Canada), http://www.sae.org.
(1) Motor Vehicle Dimensions--Recommended Practice SAE 1100a
(Report of Human Factors Engineering Committee, Society of Automotive
Engineers, approved September 1973 as revised September 1975), IBR
approved for Sec. 600.315-08(c).
(2) SAE J1634, Electric Vehicle Energy Consumption and Range Test
Procedure, Cancelled October 2002, IBR approved for Sec. Sec. 600.116-
12(a) and 600.311-12(j) and (k).
(3) SAE J1711, Recommended Practice for Measuring the Exhaust
Emissions and Fuel Economy of Hybrid-Electric Vehicles, Including Plug-
In Hybrid Vehicles, June 2010, IBR approved for Sec. Sec. 600.116-
12(b) and 600.311-12(d), (j), and (k).
(d) International Organization for Standardization, Case Postale
56, CH-1211 Geneva 20, Switzerland, (41) 22749 0111, http://www.iso.org, or [email protected].
(1) ISO/IEC 18004:2006(E), Information technology--Automatic
identification and data capture techniques--QR Code 2005 bar code
symbology specification, Second Edition, September 1, 2006, IBR
approved for Sec. 600.302-12(b).
(2) [Reserved]
Subpart B--Fuel Economy and Carbon-Related Exhaust Emission Test
Procedures
0
29. The heading for subpart B is revised as set forth above.
Sec. Sec. 600.101-08, 600.101-12, 600.101-86, 600.101-93, 600.102-78,
600.103-78, 600.104-78, 600.105-78, 600.106-78, 600.107-78, 600.107-93,
600.109-78, 600.110-78, 600.111-80, 600.111-93, 600.112-78, 600.113-78,
600.113-88, and 600.113-93 [Removed]
0
30. Subpart B is amended by removing the following sections:
Sec. 600.101-08.
Sec. 600.101-12.
Sec. 600.101-86.
Sec. 600.101-93.
Sec. 600.102-78.
Sec. 600.103-78.
Sec. 600.104-78.
Sec. 600.105-78.
Sec. 600.106-78.
Sec. 600.107-78.
Sec. 600.107-93.
Sec. 600.109-78.
Sec. 600.110-78.
Sec. 600.111-80.
Sec. 600.111-93.
Sec. 600.112-78.
Sec. 600.113-78.
Sec. 600.113-88
Sec. 600.113-93.
0
31. Section Sec. 600.106-08 is revised to read as follows:
Sec. 600.106-08 Equipment requirements.
The requirements for test equipment to be used for all fuel economy
testing are given in subparts B and C of part 86 of this chapter.
0
32. Section Sec. 600.107-08 is revised to read as follows:
Sec. 600.107-08 Fuel specifications.
(a) The test fuel specifications for gasoline, diesel, methanol,
and methanol-petroleum fuel mixtures are given in Sec. 86.113 of this
chapter, except for cold temperature FTP fuel requirements for diesel
and alternative fuel vehicles, which are given in paragraph (b) of this
section.
(b)(1) Diesel test fuel used for cold temperature FTP testing must
comprise a winter-grade diesel fuel as specified in ASTM D975
(incorporated by reference in Sec. 600.011). Alternatively, EPA may
approve the use of a different diesel fuel, provided that the level of
kerosene added shall not exceed 20 percent.
(2) The manufacturer may request EPA approval of the use of an
alternative fuel for cold temperature FTP testing.
(c) Test fuels representing fuel types for which there are no
specifications provided in Sec. 86.113 of this chapter may be used if
approved in advance by the Administrator.
Sec. 600.108-78 [Redesignated as Sec. 600.108-08]
0
33. Redesignate Sec. 600.108-78 as Sec. 600.108-08.
0
34. Section Sec. 600.109-08 is amended by revising paragraph (b)(3) to
read as follows:
Sec. 600.109-08 EPA driving cycles.
* * * * *
(b) * * *
(3) A graphic representation of the range of acceptable speed
tolerances is found in Sec. 86.115 of this chapter.
* * * * *
0
35. Section 600.111-08 is revised to read as follows:
Sec. 600.111-08 Test procedures.
This section provides test procedures for the FTP, highway, US06,
SC03, and the cold temperature FTP tests. Testing shall be performed
according to test procedures and other requirements contained in this
part 600 and in part 86 of this chapter, including the provisions of
part 86, subparts B, C, and S.
(a) FTP testing procedures. The test procedures to be followed for
conducting the FTP test are those prescribed in Sec. Sec. 86.127
through 86.138 of this chapter, as applicable, except as provided for
in paragraph (b)(5) of this section. (The evaporative loss portion of
the test procedure may be omitted unless specifically required by the
Administrator.)
(b) Highway fuel economy testing procedures. (1) The Highway Fuel
Economy Dynamometer Procedure (HFET) consists of a preconditioning
highway driving sequence and a measured highway driving sequence.
(2) The HFET 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).
[[Page 39532]]
Methanol, ethanol, formaldehyde, and acetaldehyde samples are collected
and individually analyzed for ethanol fueled vehicles.
(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.
(4) The provisions of Sec. 86.128 of this chapter apply for
vehicle transmission operation during highway fuel economy testing
under this subpart.
(5) 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.
(6) The HFET is designed to be performed immediately following the
Federal Emission Test Procedure, Sec. Sec. 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 (b)(6)(i) or (ii) of this section, as
applicable.
(i) 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.
(ii) EPA may approve a manufacturer's request for additional
preconditioning in unusual circumstances.
(7) Use the following procedure to determine highway fuel economy:
(i) The dynamometer procedure consists of two cycles of the Highway
Fuel Economy Driving Schedule (Sec. 600.109-08(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.
(ii) The provisions of Sec. 86.135 of this chapter, except for the
overview and the allowance for practice runs, apply for highway fuel
economy testing.
(iii) 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). Methanol, ethanol, formaldehyde,
and acetaldehyde samples are collected and analyzed for ethanol fueled
vehicles.
(iv) 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.
(8) 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. False starts
and stalls during the preconditioning cycle must be treated as in Sec.
86.136 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. 86.1834 of this chapter, and the
vehicle may be rescheduled for testing. The person taking the
corrective action shall report the action so that the test records for
the vehicle contain a record of the action.
(9) The following steps must be taken for each test:
(i) Place the drive wheels of the vehicle on the dynamometer. The
vehicle may be driven onto the dynamometer.
(ii) Open the vehicle engine compartment cover and position the
cooling fan(s) required. Manufacturers may request the use of
additional cooling fans or variable speed fan(s) for additional engine
compartment or under-vehicle cooling and for controlling high tire or
brake temperatures during dynamometer operation. With prior EPA
approval, manufacturers may perform the test with the engine
compartment closed, e.g. to provide adequate air flow to an intercooler
(through a factory installed hood scoop). Additionally, the
Administrator may conduct fuel economy testing using the additional
cooling set-up approved for a specific vehicle.
(iii) Preparation of the CVS must be performed before the
measurement highway driving cycle.
(iv) The provisions of Sec. 86.137-94(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 to be connected to the sample collection systems.
(v) Operate the vehicle over one Highway Fuel Economy Driving
Schedule cycle according to the dynamometer driving schedule specified
in Sec. 600.109-08(b).
(vi) 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.
(vii) Operate the vehicle over one Highway Fuel Economy Driving
Schedule cycle according to the dynamometer driving schedule specified
in Sec. 600.109-08(b) while sampling the exhaust gas.
(viii) 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.
(10) For alcohol-based dual fuel automobiles, the procedures of
Sec. 600.111-08(a) and (b) shall be performed for each of the fuels on
which the vehicle is designed to operate.
(c) US06 Testing procedures. The test procedures to be followed for
conducting the US06 test are those prescribed in Sec. 86.159 of this
chapter, as applicable.
(d) SC03 testing procedures. The test procedures to be followed for
conducting the SC03 test are prescribed in Sec. Sec. 86.160 and 86.161
of this chapter, as applicable.
(e) Cold temperature FTP procedures. The test procedures to be
followed for conducting the cold temperature FTP test are generally
prescribed in subpart C of part 86 of this chapter, as applicable. For
the purpose of fuel economy labeling, diesel vehicles are subject to
cold temperature FTP testing, but are not required to measure
particulate matter, as described in Sec. 86.210 of this chapter.
[[Page 39533]]
(f) Special test procedures. The Administrator may prescribe test
procedures, other than those set forth in this subpart B, for any
vehicle which is not susceptible to satisfactory testing and/or testing
results by the procedures set forth in this part. For example, special
test procedures may be used for advanced technology vehicles,
including, but not limited to fuel cell vehicles, hybrid electric
vehicles using hydraulic energy storage, and vehicles equipped with
hydrogen internal combustion engines. Additionally, the Administrator
may conduct fuel economy and carbon-related exhaust emission testing
using the special test procedures approved for a specific vehicle.
0
36. Section 600.113-08 is amended by revising paragraph (f) to read as
follows:
Sec. 600.113-08 Fuel economy calculations for FTP, HFET, US06, SC03
and cold temperature FTP tests.
* * * * *
(f)(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 in
Sec. 600.011).
(ii) Carbon weight fraction per ASTM D 3343 (incorporated by
reference in Sec. 600.011).
(iii) Net heating value (Btu/lb) per ASTM D 3338/D 3338M
(incorporated by reference in Sec. 600.011).
(2) Methanol test fuel shall be analyzed to determine the following
fuel properties:
(i) Specific gravity using ASTM D 1298 (incorporated by reference
in Sec. 600.011). You may determine specific gravity for the blend, or
you may determine specific gravity for the gasoline and methanol fuel
components separately before combining the results using the following
equation:
SG = SGgx volume fraction gasoline + SGmx volume
fraction methanol.
(ii)(A) Carbon weight fraction using the following equation:
CWF= CWFgx MFg+ 0.375 x MFm
Where:
CWFg= Carbon weight fraction of gasoline portion of blend
per ASTM D 3343 (incorporated by reference in Sec. 600.011).
MFg = Mass fraction gasoline = (G x SGg)/(G x
SGg+ M x SGm)
MFm = Mass fraction methanol = (M x SGm)/(G x
SGg+ M x SGm)
Where:
G = Volume fraction gasoline.
M = Volume fraction methanol.
SGg = Specific gravity of gasoline as measured by ASTM D
1298 (incorporated by reference in Sec. 600.011).
SGm = Specific gravity of methanol as measured by ASTM D
1298 (incorporated by reference in Sec. 600.011).
(B) Upon the approval of the Administrator, other procedures to
measure the carbon weight fraction of the fuel blend may be used if the
manufacturer can show that the procedures are superior to or equally as
accurate as those specified in this paragraph (f)(2)(ii).
(3) Natural gas test fuel shall be analyzed to determine the
following fuel properties:
(i) Fuel composition per ASTM D 1945 (incorporated by reference in
Sec. 600.011).
(ii) Specific gravity (based on fuel composition per ASTM D 1945
(incorporated by reference in Sec. 600.011).
(iii) Carbon weight fraction based on the carbon contained only in
the HC constituents of the fuel = weight of carbon in HC constituents
divided by the total weight of fuel.
(iv) Carbon weight fraction of fuel = total weight of carbon in the
fuel (i.e., includes carbon contained in HC and in CO2)
divided by total weight of fuel.
* * * * *
0
37. Section 600.113-12 is revised to read as follows:
Sec. 600.113-12 Fuel economy, CO2 emissions, and carbon-
related exhaust emission calculations for FTP, HFET, US06, SC03 and
cold temperature FTP tests.
The Administrator will use the calculation procedure set forth in
this paragraph for all official EPA testing of vehicles fueled with
gasoline, diesel, alcohol-based or natural gas fuel. The calculations
of the weighted fuel economy and carbon-related exhaust emission values
require input of the weighted grams/mile values for total hydrocarbons
(HC), carbon monoxide (CO), and carbon dioxide (CO2); and,
additionally for methanol-fueled automobiles, methanol
(CH3OH) and formaldehyde (HCHO); and, additionally for
ethanol-fueled automobiles, methanol (CH3OH), ethanol
(C2H5OH), acetaldehyde
(C2H4O), and formaldehyde (HCHO); and
additionally for natural gas-fueled vehicles, non-methane hydrocarbons
(NMHC) and methane (CH4). For manufacturers selecting the
fleet averaging option for N2O and CH4 as allowed
under Sec. 86.1818 of this chapter the calculations of the carbon-
related exhaust emissions require the input of grams/mile values for
nitrous oxide (N2O) and methane (CH4). Emissions
shall be determined for the FTP, HFET, US06, SC03 and cold temperature
FTP tests. Additionally, the specific gravity, carbon weight fraction
and net heating value of the test fuel must be determined. The FTP,
HFET, US06, SC03 and cold temperature FTP fuel economy and carbon-
related exhaust emission values shall be calculated as specified in
this section. An example fuel economy calculation appears in Appendix
II of this part.
(a) Calculate the FTP fuel economy as follows:
(1) Calculate the weighted grams/mile values for the FTP test for
CO2, HC, and CO, and where applicable, CH3OH,
C2H5OH, C2H4O, HCHO, NMHC,
N2O and CH4 as specified in Sec. 86.144-94(b) of
this chapter. Measure and record the test fuel's properties as
specified in paragraph (f) of this section.
(2) Calculate separately the grams/mile values for the cold
transient phase, stabilized phase and hot transient phase of the FTP
test. For vehicles with more than one source of propulsion energy, one
of which is a rechargeable energy storage system, or vehicles with
special features that the Administrator determines may have a
rechargeable energy source, whose charge can vary during the test,
calculate separately the grams/mile values for the cold transient
phase, stabilized phase, hot transient phase and hot stabilized phase
of the FTP test.
(b) Calculate the HFET fuel economy as follows:
(1) Calculate the mass values for the highway fuel economy test for
HC, CO and CO2, and where applicable, CH3OH,
C2H5OH, C2H4O, HCHO, NMHC,
N2O and CH4 as specified in Sec. 86.144-94(b) of
this chapter. Measure and record the test fuel's properties as
specified in paragraph (f) of this section.
(2) Calculate the grams/mile values for the highway fuel economy
test for HC, CO and CO2, and where applicable
CH3OH, C2H5OH,
C2H4O, HCHO, NMHC, N2O and
CH4 by dividing the mass values obtained in paragraph (b)(1)
of this section, by the actual driving distance, measured in miles, as
specified in Sec. 86.135 of this chapter.
(c) Calculate the cold temperature FTP fuel economy as follows:
(1) Calculate the weighted grams/mile values for the cold
temperature FTP test
[[Page 39534]]
for HC, CO and CO2, and where applicable, CH3OH,
C2H5OH, C2H4O, HCHO, NMHC,
N2O and CH4 as specified in Sec. 86.144-94(b) of
this chapter. For 2008 through 2010 diesel-fueled vehicles, HC
measurement is optional.
(2) Calculate separately the grams/mile values for the cold
transient phase, stabilized phase and hot transient phase of the cold
temperature FTP test in Sec. 86.244 of this chapter.
(3) Measure and record the test fuel's properties as specified in
paragraph (f) of this section.
(d) Calculate the US06 fuel economy as follows:
(1) Calculate the total grams/mile values for the US06 test for HC,
CO and CO2, and where applicable, CH3OH,
C2H5OH, C2H4O, HCHO, NMHC,
N2O and CH4 as specified in Sec. 86.144-94(b) of
this chapter.
(2) Calculate separately the grams/mile values for HC, CO and
CO2, and where applicable, CH3OH,
C2H5OH, C2H4O, HCHO, NMHC,
N2O and CH4, for both the US06 City phase and the
US06 Highway phase of the US06 test as specified in Sec. 86.164 of
this chapter. In lieu of directly measuring the emissions of the
separate city and highway phases of the US06 test according to the
provisions of Sec. 86.159 of this chapter, the manufacturer may, with
the advance approval of the Administrator and using good engineering
judgment, optionally analytically determine the grams/mile values for
the city and highway phases of the US06 test. To analytically determine
US06 City and US06 Highway phase emission results, the manufacturer
shall multiply the US06 total grams/mile values determined in paragraph
(d)(1) of this section by the estimated proportion of fuel use for the
city and highway phases relative to the total US06 fuel use. The
manufacturer may estimate the proportion of fuel use for the US06 City
and US06 Highway phases by using modal CO2, HC, and CO
emissions data, or by using appropriate OBD data (e.g., fuel flow rate
in grams of fuel per second), or another method approved by the
Administrator.
(3) Measure and record the test fuel's properties as specified in
paragraph (f) of this section.
(e) Calculate the SC03 fuel economy as follows:
(1) Calculate the grams/mile values for the SC03 test for HC, CO
and CO2, and where applicable, CH3OH,
C2H5OH, C2H4O, HCHO, NMHC,
N2O and CH4 as specified in Sec. 86.144-94(b) of
this chapter.
(2) Measure and record the test fuel's properties as specified in
paragraph (f) of this section.
(f) Analyze and determine fuel properties as follows:
(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 measured using ASTM D 1298 (incorporated by
reference in Sec. 600.011).
(ii) Carbon weight fraction measured using ASTM D 3343
(incorporated by reference in Sec. 600.011).
(iii) Net heating value (Btu/lb) determined using ASTM D 3338/D
3338M (incorporated by reference in Sec. 600.011).
(2) Methanol test fuel shall be analyzed to determine the following
fuel properties:
(i) Specific gravity using ASTM D 1298 (incorporated by reference
in Sec. 600.011). You may determine specific gravity for the blend, or
you may determine specific gravity for the gasoline and methanol fuel
components separately before combining the results using the following
equation:
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 measured
using ASTM D 3343 (incorporated by reference in Sec. 600.011).
MFg = Mass fraction gasoline = (G x SGg)/(G x SGg + M x SGm)
MFm = Mass fraction methanol = (M x SGm)/(G x SGg + M x SGm)
Where:
G = Volume fraction gasoline.
M = Volume fraction methanol.
SGg = Specific gravity of gasoline as measured using ASTM D 1298
(incorporated by reference in Sec. 600.011).
SGm = Specific gravity of methanol as measured using ASTM D 1298
(incorporated by reference in Sec. 600.011).
(B) Upon the approval of the Administrator, other procedures to
measure the carbon weight fraction of the fuel blend may be used if the
manufacturer can show that the procedures are superior to or equally as
accurate as those specified in this paragraph (f)(2)(ii).
(3) Natural gas test fuel shall be analyzed to determine the
following fuel properties:
(i) Fuel composition measured using ASTM D 1945 (incorporated by
reference in Sec. 600.011).
(ii) Specific gravity measured as based on fuel composition per
ASTM D 1945 (incorporated by reference in Sec. 600.011).
(iii) Carbon weight fraction, based on the carbon contained only in
the hydrocarbon constituents of the fuel. This equals the weight of
carbon in the hydrocarbon constituents divided by the total weight of
fuel.
(iv) Carbon weight fraction of the fuel, which equals the total
weight of carbon in the fuel (i.e., includes carbon contained in
hydrocarbons and in CO2) divided by the total weight of
fuel.
(4) Ethanol test fuel shall be analyzed to determine the following
fuel properties:
(i) Specific gravity using ASTM D 1298 (incorporated by reference
in Sec. 600.011). You may determine specific gravity for the blend, or
you may determine specific gravity for the gasoline and methanol fuel
components separately before combining the results using the following
equation:
SG = SGg x volume fraction gasoline + SGe x volume fraction ethanol.
(ii)(A) Carbon weight fraction using the following equation:
CWF = CWFg x MFg + 0.521 x MFe
Where:
CWFg = Carbon weight fraction of gasoline portion of blend measured
using ASTM D 3343 (incorporated by reference in Sec. 600.011).
MFg = Mass fraction gasoline = (G x SGg)/(G x SGg + E x SGe)
MFe = Mass fraction ethanol = (E x SGe)/(G x SGg + E x SGe)
Where:
G = Volume fraction gasoline.
E = Volume fraction ethanol.
SGg = Specific gravity of gasoline as measured using ASTM D 1298
(incorporated by reference in Sec. 600.011).
SGe = Specific gravity of ethanol as measured using ASTM D 1298
(incorporated by reference in Sec. 600.011).
(B) Upon the approval of the Administrator, other procedures to
measure the carbon weight fraction of the fuel blend may be used if the
manufacturer can show that the procedures are superior to or equally as
accurate as those specified in this paragraph (f)(4)(ii).
[[Page 39535]]
(g) Calculate separate FTP, highway, US06, SC03 and Cold
temperature FTP fuel economy and carbon-related exhaust emissions from
the grams/mile values for total HC, CO, CO2 and, where
applicable, CH3OH, C2H5OH,
C2H4O, HCHO, NMHC, N2O, and
CH4, and the test fuel's specific gravity, carbon weight
fraction, net heating value, and additionally for natural gas, the test
fuel's composition.
(1) Emission values for fuel economy calculations. The emission
values (obtained per paragraph (a) through (e) of this section, as
applicable) used in the calculations of fuel economy in this section
shall be rounded in accordance with Sec. 86.1837 of this chapter. The
CO2 values (obtained per this section, as applicable) used
in each calculation of fuel economy in this section shall be rounded to
the nearest gram/mile.
(2) Emission values for carbon-related exhaust emission
calculations. (i) If the emission values (obtained per paragraph (a)
through (e) of this section, as applicable) were obtained from testing
with aged exhaust emission control components as allowed under Sec.
86.1823 of this chapter, then these test values shall be used in the
calculations of carbon-related exhaust emissions in this section.
(ii) If the emission values (obtained per paragraph (a) through (e)
of this section, as applicable) were not obtained from testing with
aged exhaust emission control components as allowed under Sec. 86.1823
of this chapter, then these test values shall be adjusted by the
appropriate deterioration factor determined according to Sec. 86.1823
of this chapter before being used in the calculations of carbon-related
exhaust emissions in this section. For vehicles within a test group,
the appropriate NMOG deterioration factor may be used in lieu of the
deterioration factors for CH3OH,
C2H5OH, and/or C2H4O
emissions.
(iii) The emission values determined in paragraph (g)(2)(i) or (ii)
of this section shall be rounded in accordance with Sec. 86.1837 of
this chapter. The CO2 values (obtained per this section, as
applicable) used in each calculation of carbon-related exhaust
emissions in this section shall be rounded to the nearest gram/mile.
(iv) For manufacturers complying with the fleet averaging option
for N2O and CH4 as allowed under Sec. 86.1818 of
this chapter, N2O and CH4 emission values for use
in the calculation of carbon-related exhaust emissions in this section
shall be the values determined according to paragraph (g)(2)(iv)(A),
(B), or (C) of this section.
(A) The FTP and HFET test values as determined for the emission
data vehicle according to the provisions of Sec. 86.1835 of this
chapter. These values shall apply to all vehicles tested under this
section that are included in the test group represented by the emission
data vehicle and shall be adjusted by the appropriate deterioration
factor determined according to Sec. 86.1823 of this chapter before
being used in the calculations of carbon-related exhaust emissions in
this section, except that in-use test data shall not be adjusted by a
deterioration factor.
(B) The FTP and HFET test values as determined according to testing
conducted under the provisions of this subpart. These values shall be
adjusted by the appropriate deterioration factor determined according
to Sec. 86.1823 of this chapter before being used in the calculations
of carbon-related exhaust emissions in this section, except that in-use
test data shall not be adjusted by a deterioration factor.
(C) For the 2012 through 2014 model years only, manufacturers may
use an assigned value of 0.010 g/mi for N2O FTP and HFET
test values. This value is not required to be adjusted by a
deterioration factor.
(3) The specific gravity and the carbon weight fraction (obtained
per paragraph (f) of this section) shall be recorded using three places
to the right of the decimal point. The net heating value (obtained per
paragraph (f) of this section) shall be recorded to the nearest whole
Btu/lb.
(4) For the purpose of determining the applicable in-use
CO2 exhaust emission standard under Sec. 86.1818 of this
chapter, the combined city/highway carbon-related exhaust emission
value for a vehicle subconfiguration is calculated by arithmetically
averaging the FTP-based city and HFET-based highway carbon-related
exhaust emission values, as determined in paragraphs (h) through (n) of
this section for the subconfiguration, weighted 0.55 and 0.45
respectively, and rounded to the nearest tenth of a gram per mile.
(h)(1) For gasoline-fueled automobiles tested on a test fuel
specified in Sec. 86.113 of this chapter, the fuel economy in miles
per gallon is to be calculated using the following equation and rounded
to the nearest 0.1 miles per gallon:
mpg = (5174 x 10\4\ x CWF x SG)/[((CWF x HC) + (0.429 x CO) + (0.273 x
CO2)) x ((0.6 x SG x NHV) + 5471)]
Where:
HC = Grams/mile HC as obtained in paragraph (g)(1) of this section.
CO = Grams/mile CO as obtained in paragraph (g)(1) of this section.
CO2 = Grams/mile CO2 as obtained in paragraph
(g)(1) of this section.
CWF = Carbon weight fraction of test fuel as obtained in paragraph
(f)(1) of this section and rounded according to paragraph (g)(3) of
this section.
NHV = Net heating value by mass of test fuel as obtained in
paragraph (f)(1) of this section and rounded according to paragraph
(g)(3) of this section.
SG = Specific gravity of test fuel as obtained in paragraph (f)(1)
of this section and rounded according to paragraph (g)(3) of this
section.
(2)(i) For 2012 and later model year gasoline-fueled automobiles
tested on a test fuel specified in Sec. 86.113 of this chapter, the
carbon-related exhaust emissions in grams per mile is to be calculated
using the following equation and rounded to the nearest 1 gram per
mile:
CREE = (CWF/0.273xHC) + (1.571xCO) + CO2
Where:
CREE means the carbon-related exhaust emissions as defined in Sec.
600.002.
HC = Grams/mile HC as obtained in paragraph (g)(2) of this section.
CO = Grams/mile CO as obtained in paragraph (g)(2) of this section.
CO2 = Grams/mile CO2 as obtained in paragraph
(g)(2) of this section.
CWF = Carbon weight fraction of test fuel as obtained in paragraph
(f)(1) of this section and rounded according to paragraph (g)(3) of
this section.
(ii) For manufacturers complying with the fleet averaging option
for N2O and CH4 as allowed under Sec. 86.1818 of
this chapter, the carbon-related exhaust emissions in grams per mile
for 2012 and later model year gasoline-fueled automobiles tested on a
test fuel specified in Sec. 86.113 of this chapter is to be calculated
using the following equation and rounded to the nearest 1 gram per
mile:
CREE = [(CWF/0.273) x NMHC] + (1.571 x CO) + CO2 + (298 x
N2O) + (25 x CH4)
Where:
CREE means the carbon-related exhaust emissions as defined in Sec.
600.002.
NMHC = Grams/mile NMHC as obtained in paragraph (g)(2) of this
section.
CO = Grams/mile CO as obtained in paragraph (g)(2) of this section.
CO2 = Grams/mile CO2 as obtained in paragraph
(g)(2) of this section.
N2O = Grams/mile N2O as obtained in paragraph
(g)(2) of this section.
CH4 = Grams/mile CH4 as obtained in paragraph
(g)(2) of this section.
CWF = Carbon weight fraction of test fuel as obtained in paragraph
(f)(1) of this section and rounded according to paragraph (g)(3) of
this section.
[[Page 39536]]
(i)(1) For diesel-fueled automobiles, calculate the fuel economy in
miles per gallon of diesel fuel by dividing 2778 by the sum of three
terms and rounding the quotient to the nearest 0.1 mile per gallon:
(i)(A) 0.866 multiplied by HC (in grams/miles as obtained in
paragraph (g)(1) of this section), or
(B) Zero, in the case of cold FTP diesel tests for which HC was not
collected, as permitted in Sec. 600.113-08(c);
(ii) 0.429 multiplied by CO (in grams/mile as obtained in paragraph
(g)(1) of this section); and
(iii) 0.273 multiplied by CO2 (in grams/mile as obtained
in paragraph (g)(1) of this section).
(2)(i) For 2012 and later model year diesel-fueled automobiles, the
carbon-related exhaust emissions in grams per mile is to be calculated
using the following equation and rounded to the nearest 1 gram per
mile:
CREE = (3.172 x HC) + (1.571 x CO) + CO2
Where:
CREE means the carbon-related exhaust emissions as defined in Sec.
600.002.
HC = Grams/mile HC as obtained in paragraph (g)(2) of this section.
CO = Grams/mile CO as obtained in paragraph (g)(2) of this section.
CO2 = Grams/mile CO2 as obtained in paragraph
(g)(2) of this section.
(ii) For manufacturers complying with the fleet averaging option
for N2O and CH4 as allowed under Sec. 86.1818 of
this chapter, the carbon-related exhaust emissions in grams per mile
for 2012 and later model year diesel-fueled automobiles is to be
calculated using the following equation and rounded to the nearest 1
gram per mile:
CREE = (3.172 x NMHC) + (1.571 x CO) + CO2 + (298 x
N2O) + (25 x CH4)
Where:
CREE means the carbon-related exhaust emissions as defined in Sec.
600.002.
NMHC = Grams/mile NMHC as obtained in paragraph (g)(2) of this
section.
CO = Grams/mile CO as obtained in paragraph (g)(2) of this section.
CO2 = Grams/mile CO2 as obtained in paragraph
(g)(2) of this section.
N2O = Grams/mile N2O as obtained in paragraph
(g)(2) of this section.
CH4 = Grams/mile CH4 as obtained in paragraph
(g)(2) of this section.
(j)(1) For methanol-fueled automobiles and automobiles designed to
operate on mixtures of gasoline and methanol, the fuel economy in miles
per gallon is to be calculated using the following equation:
mpg = (CWF x SG x 3781.8)/((CWFexHC x HC) + (0.429 x CO) +
(0.273 x CO2) + (0.375 x CH3OH) + (0.400 x HCHO))
Where:
CWF = Carbon weight fraction of the fuel as determined in paragraph
(f)(2)(ii) of this section and rounded according to paragraph (g)(3)
of this section.
SG = Specific gravity of the fuel as determined in paragraph
(f)(2)(i) of this section and rounded according to paragraph (g)(3)
of this section.
CWFexHC = Carbon weight fraction of exhaust hydrocarbons
= CWF as determined in paragraph (f)(2)(ii) of this section and
rounded according to paragraph (g)(3) of this section (for M100
fuel, CWFexHC= 0.866).
HC = Grams/mile HC as obtained in paragraph (g)(1) of this section.
CO = Grams/mile CO as obtained in paragraph (g)(1) of this section.
CO2 = Grams/mile CO2 as obtained in paragraph
(g)(1) of this section.
CH3OH = Grams/mile CH3OH (methanol) as
obtained in paragraph (g)(1) of this section.
HCHO = Grams/mile HCHO (formaldehyde) as obtained in paragraph
(g)(1) of this section.
(2)(i) For 2012 and later model year methanol-fueled automobiles
and automobiles designed to operate on mixtures of gasoline and
methanol, the carbon-related exhaust emissions in grams per mile is to
be calculated using the following equation and rounded to the nearest 1
gram per mile:
CREE = (CWFexHC/0.273 x HC) + (1.571 x CO) + (1.374 x
CH3OH) + (1.466 x HCHO) + CO2
Where:
CREE means the carbon-related exhaust emission value as defined in
Sec. 600.002.
CWFexHC = Carbon weight fraction of exhaust hydrocarbons
= CWF as determined in paragraph (f)(2)(ii) of this section and
rounded according to paragraph (g)(3) of this section (for M100
fuel, CWFexHC= 0.866).
HC = Grams/mile HC as obtained in paragraph (g)(2) of this section.
CO = Grams/mile CO as obtained in paragraph (g)(2) of this section.
CO2 = Grams/mile CO2 as obtained in paragraph
(g)(2) of this section.
CH3OH = Grams/mile CH3OH (methanol) as
obtained in paragraph (g)(2) of this section.
HCHO = Grams/mile HCHO (formaldehyde) as obtained in paragraph
(g)(2) of this section.
(ii) For manufacturers complying with the fleet averaging option
for N2O and CH4 as allowed under Sec. 86.1818 of
this chapter, the carbon-related exhaust emissions in grams per mile
for 2012 and later model year methanol-fueled automobiles and
automobiles designed to operate on mixtures of gasoline and methanol is
to be calculated using the following equation and rounded to the
nearest 1 gram per mile:
CREE = [(CWFexHC/0.273) x NMHC] + (1.571 x CO) + (1.374 x
CH3OH) + (1.466 x HCHO) + CO2 + (298 x
N2O) + (25 x CH4)
Where:
CREE means the carbon-related exhaust emission value as defined in
Sec. 600.002.
CWFexHC = Carbon weight fraction of exhaust hydrocarbons
= CWF as determined in paragraph (f)(2)(ii) of this section and
rounded according to paragraph (g)(3) of this section (for M100
fuel, CWFexHC = 0.866).
NMHC = Grams/mile HC as obtained in paragraph (g)(2) of this
section.
CO = Grams/mile CO as obtained in paragraph (g)(2) of this section.
CO2 = Grams/mile CO2 as obtained in paragraph
(g)(2) of this section.
CH3OH = Grams/mile CH3OH (methanol) as
obtained in paragraph (g)(2) of this section.
HCHO = Grams/mile HCHO (formaldehyde) as obtained in paragraph
(g)(2) of this section.
N2O = Grams/mile N2O as obtained in paragraph
(g)(2) of this section.
CH4 = Grams/mile CH4 as obtained in paragraph
(g)(2) of this section.
(k)(1) For automobiles fueled with natural gas, the fuel economy in
miles per gallon of natural gas is to be calculated using the following
equation:
[GRAPHIC] [TIFF OMITTED] TR06JY11.013
Where:
mpge = miles per gasoline gallon equivalent of natural
gas.
CWFHC/NG = carbon weight fraction based on the
hydrocarbon constituents in the natural gas fuel as obtained in
paragraph (f)(3) of this section and rounded according to paragraph
(g)(3) of this section.
DNG = density of the natural gas fuel [grams/ft\3\ at 68
[deg]F (20 [deg]C) and 760 mm Hg (101.3 kPa)] pressure as obtained
in paragraph (g)(3) of this section.
CH4, NMHC, CO, and CO2 = weighted mass exhaust
emissions [grams/mile] for methane, non-methane HC, carbon
[[Page 39537]]
monoxide, and carbon dioxide as obtained in paragraph (g)(2) of this
section.
CWFNMHC = carbon weight fraction of the non-methane HC
constituents in the fuel as determined from the speciated fuel
composition per paragraph (f)(3) of this section and rounded
according to paragraph (g)(3) of this section.
CO2NG = grams of carbon dioxide in the natural gas fuel
consumed per mile of travel.
CO2NG = FCNG x DNG x WFCO2
Where:
[GRAPHIC] [TIFF OMITTED] TR06JY11.014
= cubic feet of natural gas fuel consumed per mile
Where:
CWFNG = the carbon weight fraction of the natural gas
fuel as calculated in paragraph (f)(3) of this section.
WFCO2 = weight fraction carbon dioxide of the natural gas
fuel calculated using the mole fractions and molecular weights of
the natural gas fuel constituents per ASTM D 1945 (incorporated by
reference in Sec. 600.011).
(2)(i) For automobiles fueled with natural gas, the carbon-related
exhaust emissions in grams per mile is to be calculated for 2012 and
later model year vehicles using the following equation and rounded to
the nearest 1 gram per mile:
CREE = 2.743 x CH4 + CWFNMHC/0.273 x NMHC + 1.571
x CO + CO2
Where:
CREE means the carbon-related exhaust emission value as defined in
Sec. 600.002.
CH4 = Grams/mile CH4 as obtained in paragraph
(g)(2) of this section.
NMHC = Grams/mile NMHC as obtained in paragraph (g)(2) of this
section.
CO = Grams/mile CO as obtained in paragraph (g)(2) of this section.
CO2 = Grams/mile CO2 as obtained in paragraph
(g)(2) of this section.
CWFNMHC = carbon weight fraction of the non-methane HC
constituents in the fuel as determined from the speciated fuel
composition per paragraph (f)(3) of this section and rounded
according to paragraph (f)(3) of this section.
(ii) For manufacturers complying with the fleet averaging option
for N2O and CH4 as allowed under Sec. 86.1818 of
this chapter, the carbon-related exhaust emissions in grams per mile
for 2012 and later model year automobiles fueled with natural gas is to
be calculated using the following equation and rounded to the nearest 1
gram per mile:
CREE = (25 x CH4)+ [(CWFNMHC/0.273) x NMHC] +
(1.571 x CO) + CO2 + (298 x N2O)
Where:
CREE means the carbon-related exhaust emission value as defined in
Sec. 600.002.
CH4 = Grams/mile CH4 as obtained in paragraph
(g)(2) of this section.
NMHC = Grams/mile NMHC as obtained in paragraph (g)(2) of this
section.
CO = Grams/mile CO as obtained in paragraph (g)(2) of this section.
CO2 = Grams/mile CO2 as obtained in paragraph
(g)(2) of this section.
CWFNMHC = carbon weight fraction of the non-methane HC
constituents in the fuel as determined from the speciated fuel
composition per paragraph (f)(3) of this section and rounded
according to paragraph (f)(3) of this section.
N2O = Grams/mile N2O as obtained in paragraph
(g)(2) of this section.
(l)(1) For ethanol-fueled automobiles and automobiles designed to
operate on mixtures of gasoline and ethanol, the fuel economy in miles
per gallon is to be calculated using the following equation:
mpg = (CWF x SG x 3781.8)/((CWFexHC x HC) + (0.429 x CO) +
(0.273 x CO2) + (0.375 x CH3OH) + (0.400 x HCHO)
+ (0.521 x C2H5OH) + (0.545 x
C2H4O))
Where:
CWF = Carbon weight fraction of the fuel as determined in paragraph
(f)(4) of this section and rounded according to paragraph (f)(3) of
this section.
SG = Specific gravity of the fuel as determined in paragraph (f)(4)
of this section and rounded according to paragraph (f)(3) of this
section.
CWFexHC= Carbon weight fraction of exhaust hydrocarbons =
CWF as determined in paragraph (f)(4) of this section and rounded
according to paragraph (f)(3) of this section.
HC = Grams/mile HC as obtained in paragraph (g)(1) of this section.
CO = Grams/mile CO as obtained in paragraph (g)(1) of this section.
CO2 = Grams/mile CO2 as obtained in paragraph
(g)(1) of this section.
CH3OH = Grams/mile CH3OH (methanol) as
obtained in paragraph (g)(1) of this section.
HCHO = Grams/mile HCHO (formaldehyde) as obtained in paragraph
(g)(1) of this section.
C2H5OH = Grams/mile
C2H5OH (ethanol) as obtained in paragraph
(g)(1) of this section.
C2H4O = Grams/mile C2H4O
(acetaldehyde) as obtained in paragraph (g)(1) of this section.
(2)(i) For 2012 and later model year ethanol-fueled automobiles and
automobiles designed to operate on mixtures of gasoline and ethanol,
the carbon-related exhaust emissions in grams per mile is to be
calculated using the following equation and rounded to the nearest 1
gram per mile:
CREE = (CWFexHC/0.273 x HC) + (1.571 x CO) + (1.374 x
CH3OH) + (1.466 x HCHO) + (1.911 x
C2H5OH) + (1.998 x C2H4O) +
CO2Where:
CREE means the carbon-related exhaust emission value as defined in
Sec. 600.002.
CWFexHC = Carbon weight fraction of exhaust hydrocarbons
= CWF as determined in paragraph (f)(4) of this section and rounded
according to paragraph (f)(3) of this section.
HC = Grams/mile HC as obtained in paragraph (g)(2) of this section.
CO = Grams/mile CO as obtained in paragraph (g)(2) of this section.
CO2 = Grams/mile CO2 as obtained in paragraph
(g)(2) of this section.
CH3OH = Grams/mile CH3OH (methanol) as
obtained in paragraph (g)(2) of this section.
HCHO = Grams/mile HCHO (formaldehyde) as obtained in paragraph
(g)(2) of this section.
C2H5OH = Grams/mile
C2H5OH (ethanol) as obtained in paragraph
(g)(2) of this section.
C2H4O = Grams/mile C2H4O
(acetaldehyde) as obtained in paragraph (g)(2) of this section.
(ii) For manufacturers complying with the fleet averaging option
for N2O and CH4 as allowed under Sec. 86.1818 of
this chapter, the carbon-related exhaust emissions in grams per mile
for 2012 and later model year ethanol-fueled automobiles and
automobiles designed to operate on mixtures of gasoline and ethanol is
to be calculated using the following equation and rounded to the
nearest 1 gram per mile:
CREE = [(CWFexHC/0.273) x NMHC] + (1.571 x CO) + (1.374 x
CH3OH) + (1.466 x HCHO) + (1.911 x
C2H5OH) + (1.998 x C2H4O) +
CO2 + (298 x N2O) + (25 x CH4)
Where:
CREE means the carbon-related exhaust emission value as defined in
Sec. 600.002.
CWFexHC = Carbon weight fraction of exhaust hydrocarbons
= CWF as determined in paragraph (f)(4) of this section and rounded
according to paragraph (f)(3) of this section.
NMHC = Grams/mile HC as obtained in paragraph (g)(2) of this
section.
[[Page 39538]]
CO = Grams/mile CO as obtained in paragraph (g)(2) of this section.
CO2 = Grams/mile CO2 as obtained in paragraph
(g)(2) of this section.
CH3OH = Grams/mile CH3OH (methanol) as
obtained in paragraph (g)(2) of this section.
HCHO = Grams/mile HCHO (formaldehyde) as obtained in paragraph
(g)(2) of this section.
C2H5OH = Grams/mile
C2H5OH (ethanol) as obtained in paragraph
(g)(2) of this section.
C2H4O = Grams/mile C2H4O
(acetaldehyde) as obtained in paragraph (g)(2) of this section.
N2O= Grams/mile N2O as obtained in paragraph
(g)(2) of this section.
CH4= Grams/mile CH4 as obtained in paragraph
(g)(2) of this section.
(m) Manufacturers shall determine CO2 emissions and
carbon-related exhaust emissions for electric vehicles, fuel cell
vehicles, and plug-in hybrid electric vehicles according to the
provisions of this paragraph (m). Subject to the limitations on the
number of vehicles produced and delivered for sale as described in
Sec. 86.1866 of this chapter, the manufacturer may be allowed to use a
value of 0 grams/mile to represent the emissions of fuel cell vehicles
and the proportion of electric operation of a electric vehicles and
plug-in hybrid electric vehicles that is derived from electricity that
is generated from sources that are not onboard the vehicle, as
described in paragraphs (m)(1) through (3) of this section. For
purposes of labeling under this part, the CO2 emissions for
electric vehicles shall be 0 grams per mile. Similarly, the
CO2 emissions for plug-in hybrid electric vehicles shall be
0 grams per mile for the proportion of electric operation that is
derived from electricity that is generated from sources that are not
onboard the vehicle.
(1) For 2012 and later model year electric vehicles, but not
including fuel cell vehicles, the carbon-related exhaust emissions in
grams per mile is to be calculated using the following equation and
rounded to the nearest one gram per mile:
CREE = CREEUP-CREEGAS
Where:
CREE means the carbon-related exhaust emission value as defined in
Sec. 600.002, which may be set equal to zero for eligible 2012
through 2016 model year electric vehicles for a certain number of
vehicles produced and delivered for sale as described in Sec.
86.1866-12(a) of this chapter.
[GRAPHIC] [TIFF OMITTED] TR06JY11.015
, andWhere:
EC = The vehicle energy consumption in watt-hours per mile,
determined according to procedures established by the Administrator
under Sec. 600.111-08(f).
GRIDLOSS = 0.93 (to account for grid transmission losses).
AVGUSUP = 0.642 (the nationwide average electricity greenhouse gas
emission rate at the powerplant, in grams per watt-hour).
TargetCO2 = The CO2 Target Value determined
according to Sec. 86.1818 of this chapter for passenger automobiles
and light trucks, respectively.
(2) For 2012 and later model year plug-in hybrid electric vehicles, the
carbon-related exhaust emissions in grams per mile is to be calculated
using the following equation and rounded to the nearest one gram per
mile:
CREE = (ECF x CREECD) + [(1-ECF) x CREECS],
Where:
CREE means the carbon-related exhaust emission value as defined in
Sec. 600.002;
CREECS = The carbon-related exhaust emissions determined
for charge-sustaining operation according to procedures established
by the Administrator under Sec. 600.116; and
CREECD = CREECDEC + CREECDGAS
Where:
CREECDEC = The carbon-related exhaust emissions
determined for electricity consumption during charge-depleting
operation determined according to paragraph (m)(1) of this section;
and
CREECDGAS = The carbon-related exhaust emissions
determined for charge-depleting operation determined according to
the provisions of this section for the applicable fuel according to
procedures established by the Administrator under Sec. 600.116; and
ECF = Electricity consumption factor as determined by the
Administrator.
(3) For 2012 and later model year fuel cell vehicles, the
carbon-related exhaust emissions in grams per mile shall be
calculated using the method specified in paragraph (m)(1) of this
section, except that CREEUP shall be determined according
to procedures established by the Administrator under Sec. 600.111-
08(f). As described in Sec. 86.1866 of this chapter the value of
CREE may be set equal to zero for a certain number of 2012 through
2016 model year fuel cell vehicles.
(n) Equations for fuels other than those specified in paragraphs
(h) through (l) of this section may be used with advance EPA approval.
Alternate calculation methods for fuel economy and carbon-related
exhaust emissions may be used in lieu of the methods described in this
section if shown to yield equivalent or superior results and if
approved in advance by the Administrator.
0
38. Section 600.114-12 is added to read as follows:
Sec. 600.114-12 Vehicle-specific 5-cycle fuel economy and carbon-
related exhaust emission calculations.
Paragraphs (a) through (f) of this section apply to data used for
fuel economy labeling under subpart D of this part. Paragraphs (d)
through (f) of this section are used to calculate 5-cycle carbon-
related exhaust emission values for the purpose of determining optional
credits for CO2-reducing technologies under Sec. 86.1866 of
this chapter and to calculate 5-cycle CO2 values for the
purpose of fuel economy labeling under subpart D of this part.
(a) City fuel economy. For each vehicle tested under Sec. 600.010-
08(a), (b), or (c), as applicable, determine the 5-cycle city fuel
economy using the following equation:
[[Page 39539]]
[GRAPHIC] [TIFF OMITTED] TR06JY11.016
(2) Terms used in the equations in this paragraph (a) are defined
as follows:
Bag Y FEX = the fuel economy in miles per gallon of fuel
during bag Y of the FTP test conducted at an ambient temperature X of
75 [deg]F or 20 [deg]F.
SC03 FE = fuel economy in mile per gallon over the SC03 test.
US06 City FE = fuel economy in miles per gallon over the ``city''
portion of the US06 test.
(b) Highway fuel economy. (1) For each vehicle tested under Sec.
600.010-08(a), (b), or (c), as applicable, determine the 5-cycle
highway fuel economy using the following equation:
[GRAPHIC] [TIFF OMITTED] TR06JY11.017
(2) If the condition specified in Sec. 600.115-08(b)(2)(iii)(B) is
met, in lieu of using the calculation in paragraph (b)(1) of this
section, the manufacturer may optionally determine the highway fuel
economy using the following modified 5-cycle equation which utilizes
data from FTP, HFET, and US06 tests, and applies mathematic
[[Page 39540]]
adjustments for Cold FTP and SC03 conditions:
(i) Perform a US06 test in addition to the FTP and HFET tests.
(ii) Determine the 5-cycle highway fuel economy according to the
following formula:
[GRAPHIC] [TIFF OMITTED] TR06JY11.018
(3) Terms used in the equations in this paragraph (b) are defined
as follows:
Bag Y FEX = the fuel economy in miles per gallon of fuel
during bag Y of the FTP test conducted at an ambient temperature X of
75 [deg]F or 20 [deg]F.
HFET FE = fuel economy in miles per gallon over the HFET test.
SC03 FE = fuel economy in mile per gallon over the SC03 test.
US06 Highway FE = fuel economy in miles per gallon over the highway
portion of the US06 test.
US06 FE = fuel economy in miles per gallon over US06 test.
(c) Fuel economy calculations for hybrid electric vehicles. Under
the requirements of Sec. 86.1811, hybrid electric vehicles are subject
to California test methods which require FTP emission sampling for the
75 [deg]F FTP test over four phases (bags) of the UDDS (cold-start,
transient, warm-start, transient). Optionally, these four phases may be
combined into two phases (phases 1 + 2 and phases 3 + 4). Calculations
for these sampling methods follow.
(1) Four-bag FTP equations. If the 4-bag sampling method is used,
manufacturers may use the equations in paragraphs (a) and (b) of this
section to determine city and highway fuel economy estimates. If this
method is chosen, it must be used to determine both city and highway
fuel economy. Optionally, the following calculations may be used,
provided that they are used to determine both city and highway fuel
economy:
(i) City fuel economy.
[[Page 39541]]
[GRAPHIC] [TIFF OMITTED] TR06JY11.019
(ii) Highway fuel economy.
[GRAPHIC] [TIFF OMITTED] TR06JY11.020
[[Page 39542]]
(2) Two-bag FTP equations. If the 2-bag sampling method is used for
the 75 [deg]F FTP test, it must be used to determine both city and
highway fuel economy. The following calculations must be used to
determine both city and highway fuel economy:
(i) City fuel economy.
[GRAPHIC] [TIFF OMITTED] TR06JY11.021
(ii) Highway fuel economy.
[GRAPHIC] [TIFF OMITTED] TR06JY11.022
[[Page 39543]]
(3) For hybrid electric vehicles using the modified 5-cycle highway
calculation in paragraph (b)(2) of this section, the equation in
paragraph (b)(2)(ii)(A) of this section applies except that the
equation for Start Fuel75 will be replaced with one of the
following:
(i) The equation for Start Fuel75 for hybrids tested
according to the 4-bag FTP is:
[GRAPHIC] [TIFF OMITTED] TR06JY11.023
(ii) The equation for Start Fuel75 for hybrids tested
according to the 2-bag FTP is:
[GRAPHIC] [TIFF OMITTED] TR06JY11.024
(4) Terms used in the equations in this paragraph (b) are defined
as follows:
Bag X/Y FE75 = fuel economy in miles per gallon of fuel
during combined phases X and Y of the FTP test conducted at an ambient
temperature of 75 [deg]F.
Bag Y FEX = the fuel economy in miles per gallon of fuel
during bag Y of the FTP test conducted at an ambient temperature X of
75 [deg]F or 20 [deg]F.
HFET FE = fuel economy in miles per gallon over the HFET test.
SC03 FE = fuel economy in mile per gallon over the SC03 test.
US06 City FE = fuel economy in miles per gallon over the city portion
of the US06 test.
US06 Highway FE = fuel economy in miles per gallon over the highway
portion of the US06 test.
(d) City CO2 emissions and carbon-related exhaust emissions. For
each vehicle tested, determine the 5-cycle city CO2
emissions and carbon-related exhaust emissions using the following
equation:
[GRAPHIC] [TIFF OMITTED] TR06JY11.025
(2) To determine the City CO2 emissions, use the
appropriate CO2 grams/mile values instead of CREE values in
the equations in this paragraph (d).
(3) Terms used in the equations in this paragraph (d) are defined
as follows:
Bag Y CREEX = the carbon-related exhaust emissions in grams
per mile during bag Y of the FTP test conducted at an ambient
temperature X of 75 [deg]F or 20 [deg]F.
US06 City CREE = carbon-related exhaust emissions in grams per mile
over the city portion of the US06 test.
SC03 CREE = carbon-related exhaust emissions in grams per mile over the
SC03 test.
(e) Highway CO2 emissions and carbon-related exhaust emissions. (1)
For each vehicle tested, determine the 5-cycle highway carbon-related
exhaust emissions using the following equation:
[[Page 39544]]
[GRAPHIC] [TIFF OMITTED] TR06JY11.026
(2) If the condition specified in Sec. 600.115-08(b)(2)(iii)(B) is
met, in lieu of using the calculation in paragraph (e)(1) of this
section, the manufacturer may optionally determine the highway carbon-
related exhaust emissions using the following modified 5-cycle equation
which utilizes data from FTP, HFET, and US06 tests, and applies
mathematic adjustments for Cold FTP and SC03 conditions:
(i) Perform a US06 test in addition to the FTP and HFET tests.
(ii) Determine the 5-cycle highway carbon-related exhaust emissions
according to the following formula:
[GRAPHIC] [TIFF OMITTED] TR06JY11.027
(3) To determine the Highway CO2 emissions, use the
appropriate CO2 grams/mile values instead of CREE values in
the equations in this paragraph (e).
(4) Terms used in the equations in this paragraph (e) are defined
as follows:
A = 8,887 for gasoline-fueled vehicles, 10,180 for diesel-fueled
vehicles, or an appropriate value specified by the Administrator for
other fuels.
Bag Y CREEX = the carbon-related exhaust emissions in grams
per mile during bag Y of the FTP test conducted at an ambient
temperature X of 75 [deg]F or 20 [deg]F.
US06 Highway CREE = carbon-related exhaust emissions in grams per mile
over the highway portion of the US06 test.
US06 CREE = carbon-related exhaust emissions in grams per mile over the
US06 test.
HFET CREE = carbon-related exhaust emissions in grams per mile over the
HFET test.
[[Page 39545]]
SC03 CREE = carbon-related exhaust emissions in grams per mile over the
SC03 test.
(f) CO2 and carbon-related exhaust emissions calculations for
hybrid electric vehicles. Hybrid electric vehicles shall be tested
according to California test methods which require FTP emission
sampling for the 75 [deg]F FTP test over four phases (bags) of the UDDS
(cold-start, transient, warm-start, transient). Optionally, these four
phases may be combined into two phases (phases 1 + 2 and phases 3 + 4).
Calculations for these sampling methods follow.
(1) Four-bag FTP equations. If the 4-bag sampling method is used,
manufacturers may use the equations in paragraphs (a) and (b) of this
section to determine city and highway CO2 and carbon-related
exhaust emissions values. If this method is chosen, it must be used to
determine both city and highway CO2 emissions and carbon-
related exhaust emissions. Optionally, the following calculations may
be used, provided that they are used to determine both city and highway
CO2 and carbon-related exhaust emissions values:
(i) City CO2 emissions and carbon-related exhaust emissions.
[GRAPHIC] [TIFF OMITTED] TR06JY11.028
(ii) Highway CO2 emissions and carbon-related exhaust emissions.
[[Page 39546]]
[GRAPHIC] [TIFF OMITTED] TR06JY11.030
(2) Two-bag FTP equations. If the 2-bag sampling method is used for
the 75 [deg]F FTP test, it must be used to determine both city and
highway CO2 emissions and carbon-related exhaust emissions.
The following calculations must be used to determine both city and
highway CO2 emissions and carbon-related exhaust emissions:
(i) City CO2 emissions and carbon-related exhaust emissions.
[GRAPHIC] [TIFF OMITTED] TR06JY11.031
(ii) Highway CO2 emissions and carbon-related exhaust emissions.
[[Page 39547]]
[GRAPHIC] [TIFF OMITTED] TR06JY11.032
(3) For hybrid electric vehicles using the modified 5-cycle highway
calculation in paragraph (e)(2) of this section, the equation in
paragraph (e)(2)(ii)(A) of this section applies except that the
equation for Start CREE75 will be replaced with one of the
following:
(i) The equation for Start CREE75 for hybrids tested
according to the 4-bag FTP is:
Start CREE75= 3.6 x (Bag 1 CREE75 - Bag 3
CREE75 + 3.9 x (Bag 2 CREE75 - Bag 4
CREE75)
(ii) The equation for Start CREE75 for hybrids tested
according to the 2-bag FTP is:
Start CREE75= 7.5 x (Bag \1/2\ CREE75 - Bag \3/4\
CREE75)
(4) To determine the City and Highway CO2 emissions, use
the appropriate CO2 grams/mile values instead of CREE values
in the equations in paragraphs (f)(1) through (3) of this section.
(5) Terms used in the equations in this paragraph (e) are defined
as follows:
Bag Y CREEX = the carbon-related exhaust emissions in grams
per mile during bag Y of the FTP test conducted at an ambient
temperature X of 75 [deg]F or 20 [deg]F.US06 City CREE = carbon-related
exhaust emissions in grams per mile over the City portion of the US06
test.
SC03 CREE = carbon-related exhaust emissions in grams per mile over the
SC03 test.
US06 Highway CREE = carbon-related exhaust emissions in grams per mile
over the Highway portion of the US06 test.
HFET CREE = carbon-related exhaust emissions in grams per mile over the
HFET test.
Bag X/Y CREE75 = carbon-related exhaust emissions in grams
per mile of fuel during combined phases X and Y of the FTP test
conducted at an ambient temperature of 75 [deg]F.
Sec. 600.115-08 [Redesignated as Sec. 600.115-11]
0
39. Section 600.115-08 is redesignated as Sec. 600.115-11 and is
revised to read as follows:
Sec. 600.115-11 Criteria for determining the fuel economy label
calculation method.
This section provides the criteria to determine if the derived 5-
cycle method for determining fuel economy label values, as specified in
Sec. 600.210-08(a)(2) or (b)(2) or Sec. 600.210-12(a)(2) or (b)(2),
as applicable, may be used to determine label values. Separate criteria
apply to city and highway fuel economy for each test group. The
provisions of this section are optional. If this option is not chosen,
or if the criteria provided in this section are not met, fuel economy
label values must be determined according to the vehicle-specific 5-
cycle method specified in Sec. 600.210-08(a)(1) or (b)(1) or Sec.
600.210-12(a)(1) or (b)(1), as applicable. However, dedicated
alternative-fuel vehicles, dual fuel vehicles when operating on the
alternative fuel, plug-in hybrid electric vehicles, MDPVs, and vehicles
imported by Independent Commercial Importers may use the derived 5-
cycle method for determining fuel economy label values whether or not
the criteria provided in this section are met.
(a) City fuel economy criterion. (1) For each test group certified
for emission compliance under Sec. 86.1848 of this chapter, the FTP,
HFET, US06, SC03 and Cold FTP tests determined to be official under
Sec. 86.1835 of this chapter are used to calculate the vehicle-
specific 5-cycle city fuel economy which is then compared to the
derived 5-cycle city fuel economy, as follows:
(i) The vehicle-specific 5-cycle city fuel economy from the
official FTP, HFET, US06, SC03 and Cold FTP tests for the test group is
determined according to the provisions of Sec. 600.114-08(a) or (c) or
Sec. 600.114-12(a) or (c) and rounded to the nearest one tenth of a
mile per gallon.
(ii) Using the same FTP data as used in paragraph (a)(1)(i) of this
section, the corresponding derived 5-cycle city fuel economy is
calculated according to the following equation:
[[Page 39548]]
[GRAPHIC] [TIFF OMITTED] TR06JY11.033
Where:
City Intercept = Intercept determined by the Administrator. See
Sec. 600.210-08(a)(2)(iii) or Sec. 600.210-12(a)(2)(iii).
City Slope = Slope determined by the Administrator. See Sec.
600.210-08(a)(2)(iii) or Sec. 600.210-12(a)(2)(ii).
FTP FE = the FTP-based city fuel economy from the official test used
for certification compliance, determined under Sec. 600.113-08(a),
rounded to the nearest tenth.
(2) The derived 5-cycle fuel economy value determined in paragraph
(a)(1)(ii) of this section is multiplied by 0.96 and rounded to the
nearest one tenth of a mile per gallon.
(3) If the vehicle-specific 5-cycle city fuel economy determined in
paragraph (a)(1)(i) of this section is greater than or equal to the
value determined in paragraph (a)(2) of this section, then the
manufacturer may base the city fuel economy estimates for the model
types covered by the test group on the derived 5-cycle method specified
in Sec. 600.210-08(a)(2) or (b)(2) or Sec. 600.210-12(a)(2) or
(b)(2), as applicable.
(b) Highway fuel economy criterion. The determination for highway
fuel economy depends upon the outcome of the determination for city
fuel economy in paragraph (a)(3) of this section for each test group.
(1) If the city determination for a test group made in paragraph
(a)(3) of this section does not allow the use of the derived 5-cycle
method, then the highway fuel economy values for all model types
represented by the test group are likewise not allowed to be determined
using the derived 5-cycle method, and must be determined according to
the vehicle-specific 5-cycle method specified in Sec. 600.210-08(a)(1)
or (b)(1) or Sec. 600.210-12(a)(1) or (b)(1), as applicable.
(2) If the city determination made in paragraph (a)(3) of this
section allows the use of the derived 5-cycle method, a separate
determination is made for the highway fuel economy labeling method as
follows:
(i) For each test group certified for emission compliance under
Sec. 86.1848 of this chapter, the FTP, HFET, US06, SC03 and Cold FTP
tests determined to be official under Sec. 86.1835 of this chapter are
used to calculate the vehicle-specific 5-cycle highway fuel economy,
which is then compared to the derived 5-cycle highway fuel economy, as
follows:
(A) The vehicle-specific 5-cycle highway fuel economy from the
official FTP, HFET, US06, SC03 and Cold FTP tests for the test group is
determined according to the provisions of Sec. 600.114-08(b)(1) or
Sec. 600.114-12(b)(1) and rounded to the nearest one tenth of a mile
per gallon.
(B) Using the same HFET data as used in paragraph (b)(2)(i)(A) of
this section, the corresponding derived 5-cycle highway fuel economy is
calculated using the following equation:
[GRAPHIC] [TIFF OMITTED] TR06JY11.034
Where:
Highway Intercept = Intercept determined by the Administrator. See
Sec. 600.210-08(a)(2)(iii) or Sec. 600.210-12(a)(2)(iii).
Highway Slope = Slope determined by the Administrator. See Sec.
600.210-08(a)(2)(iii) or Sec. 600.210-12(a)(2)(iii).
HFET FE = the HFET-based highway fuel economy determined under Sec.
600.113-08(b), rounded to the nearest tenth.
(ii) The derived 5-cycle highway fuel economy calculated in
paragraph (b)(2)(i)(B) of this section is multiplied by 0.95 and
rounded to the nearest one tenth of a mile per gallon.
(iii) (A) If the vehicle-specific 5-cycle highway fuel economy of
the vehicle tested in paragraph (b)(2)(i)(A) of this section is greater
than or equal to the value determined in paragraph (b)(2)(ii) of this
section, then the manufacturer may base the highway fuel economy
estimates for the model types covered by the test group on the derived
5-cycle method specified in Sec. 600.210-08(a)(2) or (b)(2) or Sec.
600.210-12(a)(2) or (b)(2), as applicable.
(B) If the vehicle-specific 5-cycle highway fuel economy determined
in paragraph (b)(2)(i)(A) of this section is less than the value
determined in paragraph (b)(2)(ii) of this section, the manufacturer
may determine the highway fuel economy for the model types covered by
the test group on the modified 5-cycle equation specified in Sec.
600.114-08(b)(2) or Sec. 600.114-12(b)(2).
(c) The manufacturer will apply the criteria in paragraph (a) and
(b) of this section to every test group for each model year.
(d) The tests used to make the evaluations in paragraphs (a) and
(b) of this section will be the procedures for official test
determinations under Sec. 86.1835. Adjustments and/or substitutions to
the official test data may be made with advance approval of the
Administrator.
0
40. Section 600.116-12 is added to subpart B to read as follows:
Sec. 600.116-12 Special procedures related to electric vehicles and
plug-in hybrid electric vehicles.
(a) Determine fuel economy label values for electric vehicles as
specified in Sec. Sec. 600.210 and 600.311 using the procedures of SAE
J1634 (incorporated by reference in Sec. 600.011), with the following
clarifications and modifications:
(1) Use one of the following approaches to define end-of-test
criteria for vehicles whose maximum speed is less than the maximum
speed specified in the driving schedule, where the vehicle's maximum
speed is determined, to the nearest 0.1 mph, from observing the highest
speed over the first duty cycle (FTP, HFET, etc.):
(i) If the vehicle can follow the driving schedule within the speed
tolerances specified in Sec. 86.115 of this chapter up to its maximum
speed, the end-of-test criterion is based on the point at which the
vehicle can no longer meet the specified speed tolerances up to and
including its maximum speed.
(ii) If the vehicle cannot follow the driving schedule within the
speed tolerances specified in Sec. 86.115 of this chapter up to its
maximum speed, the end-of-test criterion is based on the following
procedure:
(A) Measure and record the vehicle's speed (to the nearest 0.1 mph)
while making a best effort to follow the specified driving schedule.
[[Page 39549]]
(B) This recorded sequence of driving speeds becomes the driving
schedule for the test vehicle. Apply the end-of-test criterion based on
the point at which the vehicle can no longer meet the specified speed
tolerances over this new driving schedule. The driving to establish the
new driving schedule may be done separately, or as part of the
measurement procedure.
(2) Soak time between repeat duty cycles (four-bag FTP, HFET, etc.)
may be up to 30 minutes. No recharging may occur during the soak time.
(3) Recharging the vehicle's battery must start within three hours
after the end of testing.
(4) Do not apply the C coefficient adjustment specified in Section
4.4.2.
(5) We may approve alternate measurement procedures with respect to
electric vehicles if they are necessary or appropriate for meeting the
objectives of this part.
(b) Determine performance values for plug-in hybrid electric
vehicles as specified in Sec. Sec. 600.210 and 600.311 using the
procedures of SAE J1711 (incorporated by reference in Sec. 600.011),
with the following clarifications and modifications:
(1) To determine fuel economy and CREE values to demonstrate
compliance with CAFE and GHG standards, calculate composite values
representing combined operation during charge-deplete and charge-
sustain operation using the following utility factors except as
specified in this paragraph (b):
Table 1 of Sec. 600.116-12--Fleet Utility Factors for Urban ``City''
Driving
------------------------------------------------------------------------
Cumulative Sequential
Schedule range for UDDS phases, miles UF UF
------------------------------------------------------------------------
3.59.......................................... 0.125 0.125
7.45.......................................... 0.243 0.117
11.04......................................... 0.338 0.095
14.90......................................... 0.426 0.088
18.49......................................... 0.497 0.071
22.35......................................... 0.563 0.066
25.94......................................... 0.616 0.053
29.80......................................... 0.666 0.049
33.39......................................... 0.705 0.040
37.25......................................... 0.742 0.037
40.84......................................... 0.772 0.030
44.70......................................... 0.800 0.028
48.29......................................... 0.822 0.022
52.15......................................... 0.843 0.021
55.74......................................... 0.859 0.017
59.60......................................... 0.875 0.016
63.19......................................... 0.888 0.013
67.05......................................... 0.900 0.012
70.64......................................... 0.909 0.010
------------------------------------------------------------------------
Table 2 of Sec. 600.116-12--Fleet Utility Factors for Highway Driving
------------------------------------------------------------------------
Cumulative Sequential
Schedule range for HFET, miles UF UF
------------------------------------------------------------------------
10.3.......................................... 0.123 0.123
20.6.......................................... 0.240 0.117
30.9.......................................... 0.345 0.105
41.2.......................................... 0.437 0.092
51.5.......................................... 0.516 0.079
61.8.......................................... 0.583 0.067
72.1.......................................... 0.639 0.056
------------------------------------------------------------------------
(2) To determine fuel economy and CO2 emission values
for labeling purposes, calculate composite values representing combined
operation during charge-deplete and charge-sustain operation using the
following utility factors except as specified in this paragraph (b):
Table 3 of Sec. 600.116-12--Multi-Day Individual Utility Factors for
Urban ``City'' Driving
------------------------------------------------------------------------
Equivalent
Schedule range for UDDS phases, 5-cycle Cumulative Sequential
miles distance, UF UF
miles
------------------------------------------------------------------------
3.59............................. 2.51 0.08 0.08
7.45............................. 5.22 0.15 0.08
11.04............................ 7.73 0.22 0.06
14.90............................ 10.43 0.28 0.06
18.49............................ 12.94 0.33 0.05
22.35............................ 15.65 0.38 0.05
25.94............................ 18.16 0.43 0.04
29.80............................ 20.86 0.47 0.04
33.39............................ 23.37 0.50 0.04
37.25............................ 26.08 0.54 0.04
40.84............................ 28.59 0.57 0.03
44.70............................ 31.29 0.60 0.03
48.29............................ 33.80 0.62 0.02
52.15............................ 36.51 0.65 0.02
55.74............................ 39.02 0.67 0.02
59.60............................ 41.72 0.69 0.02
63.19............................ 44.23 0.71 0.02
67.05............................ 46.94 0.72 0.02
70.64............................ 49.45 0.74 0.01
74.50............................ 52.15 0.75 0.01
78.09............................ 54.66 0.78 0.03
81.95............................ 57.37 0.79 0.01
85.54............................ 59.88 0.80 0.01
89.40............................ 62.58 0.81 0.01
92.99............................ 65.09 0.82 0.01
------------------------------------------------------------------------
Table 4 of Sec. 600.116-12--Multi-Day Individual Utility Factors for
Highway Driving
------------------------------------------------------------------------
Equivalent
Schedule range for HFET phases, 5-cycle Cumulative Sequential
miles distance, UF UF
miles
------------------------------------------------------------------------
10.30............................ 7.21 0.21 0.21
[[Page 39550]]
20.60............................ 14.42 0.36 0.16
30.90............................ 21.63 0.48 0.12
41.20............................ 28.84 0.57 0.09
51.50............................ 36.05 0.64 0.07
61.80............................ 43.26 0.70 0.06
72.10............................ 50.47 0.75 0.04
82.40............................ 57.68 0.78 0.04
92.70............................ 64.89 0.81 0.03
103.00........................... 72.10 0.83 0.02
113.30........................... 79.31 0.85 0.02
------------------------------------------------------------------------
(3) You may calculate performance values under paragraphs (b)(1)
and (2) of this section by combining phases during FTP testing. For
example, you may treat the first 7.45 miles as a single phase by adding
the individual utility factors for that portion of driving and
assigning emission levels to the combined phase. Do this consistently
throughout a test run.
(4) Instead of the utility factors specified in paragraphs (b)(1)
and (2) of this section, calculate utility factors using the following
equation for vehicles whose maximum speed is less than the maximum
speed specified in the driving schedule, where the vehicle's maximum
speed is determined, to the nearest 0.1 mph, from observing the highest
speed over the first duty cycle (FTP, HFET, etc.):
[GRAPHIC] [TIFF OMITTED] TR06JY11.035
Where:
UFi = the utility factor for phase i. Let UF0 = 0.
j = a counter to identify the appropriate term in the summation
(with terms numbered consecutively).
k = the number of terms in the equation (see Table 3 of this
section).
di = the distance driven in phase i.
ND = the normalized distance. Use 399 for both FTP and HFET
operation.
Cj = the coefficient for term j from the following table:
Table 5 of Sec. 600.116-12--City/Highway Specific Utility Factor
Coefficients
------------------------------------------------------------------------
Fleet values for Multi-day
CAFE and GHG values individual
---------------------- value for
Coefficient labeling
------------
City Highway City or
highway
------------------------------------------------------------------------
1.................................... 14.86 4.8 13.1
2.................................... 2.965 13 -18.7
3.................................... -84.05 -65 5.22
4.................................... 153.7 120 8.15
5.................................... -43.59 -100.00 3.53
6.................................... -96.94 31.00 -1.34
7.................................... 14.47 ......... -4.01
8.................................... 91.70 ......... -3.90
9.................................... -46.36 ......... -1.15
10................................... ......... ......... 3.88
------------------------------------------------------------------------
n = the number of test phases (or bag measurements) before the
vehicle reaches the end-of-test criterion.
(5) The end-of-test criterion is based on a 1 percent Net Energy
Change as specified in Section 3.8. The Administrator may approve
alternate Net Energy Change tolerances as specified in Section 3.9.1 or
Appendix C if the 1 percent threshold is insufficient or inappropriate
for marking the end of charge-deplete operation.
(6) Use the vehicle's Actual Charge-Depleting Range,
Rcda, as specified in Section 6.1.3 for evaluating the end-
of-test criterion.
(7) Measure and record AC watt-hours throughout the recharging
procedure. Position the measurement appropriately to account for any
losses in the charging system.
(8) We may approve alternate measurement procedures with respect to
plug-in hybrid electric vehicles if they are necessary or appropriate
for meeting the objectives of this part.
Subpart C--Procedures for Calculating Fuel Economy and Carbon-
related Exhaust Emission Values
0
41. The heading for subpart C is revised as set forth above.
[[Page 39551]]
Sec. Sec. 600.201-08, 600.201-12, 600.201-86, 600.201-93, 600.202-77,
600.203-77, 600.204-77, 600.205-77, 600.206-86, 600.206-93, 600.207-86,
600.207-93, 600.208-77, 600.209-85, 600.209-95, and 600.211-
08 [Removed]
0
42. Subpart C is amended by removing the following sections:
Sec. 600.201-08.
Sec. 600.201-12.
Sec. 600.201-86.
Sec. 600.201-93.
Sec. 600.202-77.
Sec. 600.203-77.
Sec. 600.204-77.
Sec. 600.205-77.
Sec. 600.206-86.
Sec. 600.206-93.
Sec. 600.207-86.
Sec. 600.207-93.
Sec. 600.208-77.
Sec. 600.209-85.
Sec. 600.209-95.
Sec. 600.211-08.
0
43. Section 600.206-12 is revised to read as follows:
Sec. 600.206-12 Calculation and use of FTP-based and HFET-based fuel
economy, CO2 emissions, and carbon-related exhaust emission
values for vehicle configurations.
(a) Fuel economy, CO2 emissions, and carbon-related
exhaust emissions values determined for each vehicle under Sec.
600.113-08(a) and (b) and as approved in Sec. 600.008 (c), are used to
determine FTP-based city, HFET-based highway, and combined FTP/Highway-
based fuel economy, CO2 emissions, and carbon-related
exhaust emission values for each vehicle configuration for which data
are available. Note that fuel economy for some alternative fuel
vehicles may mean miles per gasoline gallon equivalent and/or miles per
unit of fuel consumed. For example, electric vehicles will determine
miles per kilowatt-hour in addition to miles per gasoline gallon
equivalent, and fuel cell vehicles will determine miles per kilogram of
hydrogen.
(1) If only one set of FTP-based city and HFET-based highway fuel
economy values is accepted for a vehicle configuration, these values,
rounded to the nearest tenth of a mile per gallon, comprise the city
and highway fuel economy values for that configuration. If only one set
of FTP-based city and HFET-based highway CO2 emissions and
carbon-related exhaust emission values is accepted for a vehicle
configuration, these values, rounded to the nearest gram per mile,
comprise the city and highway CO2 emissions and carbon-
related exhaust emission values for that configuration.
(2) If more than one set of FTP-based city and HFET-based highway
fuel economy and/or carbon-related exhaust emission values are accepted
for a vehicle configuration:
(i) All data shall be grouped according to the subconfiguration for
which the data were generated using sales projections supplied in
accordance with Sec. 600.208-12(a)(3).
(ii) Within each group of data, all fuel economy values are
harmonically averaged and rounded to the nearest 0.0001 of a mile per
gallon and all CO2 emissions and carbon-related exhaust
emission values are arithmetically averaged and rounded to the nearest
tenth of a gram per mile in order to determine FTP-based city and HFET-
based highway fuel economy, CO2 emissions, and carbon-
related exhaust emission values for each subconfiguration at which the
vehicle configuration was tested.
(iii) All FTP-based city fuel economy, CO2 emissions,
and carbon-related exhaust emission values and all HFET-based highway
fuel economy and carbon-related exhaust emission values calculated in
paragraph (a)(2)(ii) of this section are (separately for city and
highway) averaged in proportion to the sales fraction (rounded to the
nearest 0.0001) within the vehicle configuration (as provided to the
Administrator by the manufacturer) of vehicles of each tested
subconfiguration. Fuel economy values shall be harmonically averaged,
and CO2 emissions and carbon-related exhaust emission values
shall be arithmetically averaged. The resultant fuel economy values,
rounded to the nearest 0.0001 mile per gallon, are the FTP-based city
and HFET-based highway fuel economy values for the vehicle
configuration. The resultant CO2 emissions and carbon-
related exhaust emission values, rounded to the nearest tenth of a gram
per mile, are the FTP-based city and HFET-based highway CO2
emissions and carbon-related exhaust emission values for the vehicle
configuration.
(3)(i) For the purpose of determining average fuel economy under
Sec. 600.510, the combined fuel economy value for a vehicle
configuration is calculated by harmonically averaging the FTP-based
city and HFET-based highway fuel economy values, as determined in
paragraph (a)(1) or (2) of this section, weighted 0.55 and 0.45
respectively, and rounded to the nearest 0.0001 mile per gallon. A
sample of this calculation appears in Appendix II of this part.
(ii) For the purpose of determining average carbon-related exhaust
emissions under Sec. 600.510, the combined carbon-related exhaust
emission value for a vehicle configuration is calculated by
arithmetically averaging the FTP-based city and HFET-based highway
carbon-related exhaust emission values, as determined in paragraph
(a)(1) or (2) of this section, weighted 0.55 and 0.45 respectively, and
rounded to the nearest tenth of gram per mile.
(4) For alcohol dual fuel automobiles and natural gas dual fuel
automobiles the procedures of paragraphs (a)(1) or (2) of this section,
as applicable, shall be used to calculate two separate sets of FTP-
based city, HFET-based highway, and combined values for fuel economy,
CO2 emissions, and carbon-related exhaust emissions for each
configuration.
(i) Calculate the city, highway, and combined fuel economy,
CO2 emissions, and carbon-related exhaust emission values
from the tests performed using gasoline or diesel test fuel.
(ii) Calculate the city, highway, and combined fuel economy,
CO2 emissions, and carbon-related exhaust emission values
from the tests performed using alcohol or natural gas test fuel.
(b) If only one equivalent petroleum-based fuel economy value
exists for an electric vehicle configuration, that value, rounded to
the nearest tenth of a mile per gallon, will comprise the petroleum-
based fuel economy for that configuration.
(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.
0
44. Section 600.207-12 is added to read as follows:
Sec. 600.207-12 Calculation and use of vehicle-specific 5-cycle-based
fuel economy and CO2 emission values for vehicle
configurations.
(a) Fuel economy and CO2 emission values determined for
each vehicle under Sec. 600.114 and as approved in Sec. 600.008(c),
are used to determine vehicle-specific 5-cycle city and highway fuel
economy and CO2 emission values for each vehicle
configuration for which data are available.
(1) If only one set of 5-cycle city and highway fuel economy and
CO2 emission values is accepted for a vehicle configuration,
these values, where fuel economy is rounded to the nearest 0.0001 of a
mile per gallon and the CO2 emission value in grams per mile
is rounded to the nearest tenth of a gram per mile, comprise the city
and highway fuel economy and CO2 emission values for that
configuration.
(2) If more than one set of 5-cycle city and highway fuel economy
and CO2
[[Page 39552]]
emission values are accepted for a vehicle configuration:
(i) All data shall be grouped according to the subconfiguration for
which the data were generated using sales projections supplied in
accordance with Sec. 600.209-12(a)(3).
(ii) Within each subconfiguration of data, all fuel economy values
are harmonically averaged and rounded to the nearest 0.0001 of a mile
per gallon in order to determine 5-cycle city and highway fuel economy
values for each subconfiguration at which the vehicle configuration was
tested, and all CO2 emissions values are arithmetically
averaged and rounded to the nearest tenth of gram per mile to determine
5-cycle city and highway CO2 emission values for each
subconfiguration at which the vehicle configuration was tested.
(iii) All 5-cycle city fuel economy values and all 5-cycle 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 5-cycle city and 5-cycle
highway fuel economy values for the vehicle configuration.
(iv) All 5-cycle city CO2 emission values and all 5-
cycle highway CO2 emission values calculated in paragraph
(a)(2)(ii) of this section are (separately for city and highway)
averaged in proportion to the sales fraction (rounded to the nearest
0.0001) within the vehicle configuration (as provided to the
Administrator by the manufacturer) of vehicles of each tested
subconfiguration. The resultant values, rounded to the nearest 0.1
grams per mile, are the 5-cycle city and 5-cycle highway CO2
emission values for the vehicle configuration.
(3) [Reserved]
(4) For alcohol dual fuel automobiles and natural gas dual fuel
automobiles the procedures of paragraphs (a)(1) and (2) of this section
shall be used to calculate two separate sets of 5-cycle city and
highway fuel economy and CO2 emission values for each
configuration.
(i) Calculate the 5-cycle city and highway fuel economy and
CO2 emission values from the tests performed using gasoline
or diesel test fuel.
(ii) Calculate the 5-cycle city and highway fuel economy and
CO2 emission values from the tests performed using alcohol
or natural gas test fuel, if 5-cycle testing has been performed.
Otherwise, the procedure in Sec. 600.210-12(a)(3) or (b)(3) applies.
(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 comprise the petroleum-based
5-cycle fuel economy for that configuration.
(c) If more than one equivalent petroleum-based 5-cycle 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.
0
45. Section 600.208-12 is revised to read as follows:
Sec. 600.208-12 Calculation of FTP-based and HFET-based fuel economy,
CO2 emissions, and carbon-related exhaust emissions for a
model type.
(a) Fuel economy, CO2 emissions, and carbon-related
exhaust emissions for a base level are calculated from vehicle
configuration fuel economy, CO2 emissions, and carbon-
related exhaust emissions as determined in Sec. 600.206-12(a), (b), or
(c) as applicable, for low-altitude tests.
(1) If the Administrator determines that automobiles intended for
sale in the State of California and in section 177 states are likely to
exhibit significant differences in fuel economy, CO2
emissions, and carbon-related exhaust emissions from those intended for
sale in other states, she will calculate fuel economy, CO2
emissions, and carbon-related exhaust emissions for each base level for
vehicles intended for sale in California and in section 177 states and
for each base level for vehicles intended for sale in the rest of the
states.
(2) In order to highlight the fuel efficiency, CO2
emissions, and carbon-related exhaust emissions 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)(1)(ii).
(3) The manufacturer shall supply total model year sales
projections for each car line/vehicle subconfiguration combination.
(i) Sales projections must be supplied separately for each car
line-vehicle subconfiguration intended for sale in California and each
car line/vehicle subconfiguration intended for sale in the rest of the
states if required by the Administrator under paragraph (a)(1) of this
section.
(ii) Manufacturers shall update sales projections at the time any
model type value is calculated for a label value.
(iii) The provisions of paragraph (a)(3) of this section may be
satisfied by providing an amended application for certification, as
described in Sec. 86.1844 of this chapter.
(4) Vehicle configuration fuel economy, CO2 emissions,
and carbon-related exhaust emissions, as determined in Sec. 600.206-
12(a), (b) or (c), as applicable, are grouped according to base level.
(i) If only one vehicle configuration within a base level has been
tested, the fuel economy, CO2 emissions, and carbon-related
exhaust emissions from that vehicle configuration will constitute the
fuel economy, CO2 emissions, and carbon-related exhaust
emissions for that base level.
(ii) If more than one vehicle configuration within a base level has
been tested, the vehicle configuration fuel economy values are
harmonically averaged in proportion to the respective sales fraction
(rounded to the nearest 0.0001) of each vehicle configuration and the
resultant fuel economy value rounded to the nearest 0.0001 mile per
gallon; and the vehicle configuration CO2 emissions and
carbon-related exhaust emissions are arithmetically averaged in
proportion to the respective sales fraction (rounded to the nearest
0.0001) of each vehicle configuration and the resultant carbon-related
exhaust emission value rounded to the nearest tenth of a gram per mile.
(5) The procedure specified in paragraph (a)(1) through (4) of this
section will be repeated for each base level, thus establishing city,
highway, and combined fuel economy, CO2
[[Page 39553]]
emissions, and carbon-related exhaust emissions for each base level.
(6) [Reserved]
(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, CO2 emissions, and carbon-related
exhaust emissions for each base level.
(i) Calculate the city, highway, and combined fuel economy,
CO2 emissions, and carbon-related exhaust emissions from the
tests performed using gasoline or diesel test fuel.
(ii) Calculate the city, highway, and combined fuel economy,
CO2 emissions, and carbon-related exhaust emissions 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, CO2 emission
value, and a carbon-related exhaust emission value will be calculated
by using the projected sales and values for fuel economy,
CO2 emissions, and carbon-related exhaust emissions for each
base level within the model type. Separate model type calculations will
be done based on the vehicle configuration fuel economy, CO2
emissions, and carbon-related exhaust emissions as determined in Sec.
600.206-12(a), (b) or (c), as applicable.
(1) If the Administrator determines that automobiles intended for
sale in the State of California and in section 177 states are likely to
exhibit significant differences in fuel economy, CO2
emissions, and carbon-related exhaust emissions from those intended for
sale in other states, he or she will calculate values for fuel economy,
CO2 emissions, and carbon-related exhaust emissions for each
model type for vehicles intended for sale in California and in section
177 states and for each model type for vehicles intended for sale in
the rest of the states.
(2) The sales fraction for each base level is calculated by
dividing the projected sales of the base level within the model type by
the projected sales of the model type and rounding the quotient to the
nearest 0.0001.
(3)(i) The FTP-based city fuel economy values of the model type
(calculated to the nearest 0.0001 mpg) are determined by dividing one
by a sum of terms, each of which corresponds to a base level and which
is a fraction determined by dividing:
(A) The sales fraction of a base level; by
(B) The FTP-based city fuel economy value for the respective base
level.
(ii) The FTP-based city carbon-related exhaust emission value of
the model type (calculated to the nearest gram per mile) are determined
by a sum of terms, each of which corresponds to a base level and which
is a product determined by multiplying:
(A) The sales fraction of a base level; by
(B) The FTP-based city carbon-related exhaust emission value for
the respective base level.
(iii) The FTP-based city CO2 emissions of the model type
(calculated to the nearest gram per mile) are determined by a sum of
terms, each of which corresponds to a base level and which is a product
determined by multiplying:
(A) The sales fraction of a base level; by
(B) The FTP-based city CO2 emissions 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, CO2 emissions, and carbon-related exhaust
emissions for the model type.
(5) For alcohol dual fuel automobiles and natural gas dual fuel
automobiles, the procedures of paragraphs (b)(1) through (4) of this
section shall be used to calculate two separate sets of city, highway,
and combined fuel economy values and two separate sets of city,
highway, and combined CO2 and carbon-related exhaust
emission values for each model type.
(i) Calculate the city, highway, and combined fuel economy,
CO2 emissions, and carbon-related exhaust emission values
from the tests performed using gasoline or diesel test fuel.
(ii) Calculate the city, highway, and combined fuel economy,
CO2 emissions, and carbon-related exhaust emission values
from the tests performed using alcohol or natural gas test fuel.
0
46. Section 600.209-12 is added to read as follows:
Sec. 600.209-12 Calculation of vehicle-specific 5-cycle fuel economy
and CO2 emission values for a model type.
(a) Base level. 5-cycle fuel economy and CO2 emission
values for a base level are calculated from vehicle configuration 5-
cycle fuel economy and CO2 emission values as determined in
Sec. 600.207 for low-altitude tests.
(1) If the Administrator determines that automobiles intended for
sale in the State of California are likely to exhibit significant
differences in fuel economy and CO2 emissions from those
intended for sale in other states, he will calculate fuel economy and
CO2 emission values for each base level for vehicles
intended for sale in California and for each base level for vehicles
intended for sale in the rest of the states.
(2) In order to highlight the fuel efficiency and CO2
emissions 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)(i)(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 provisions of this paragraph (a)(3) may be satisfied by
providing an amended application for certification, as described in
Sec. 86.1844 of this chapter.
(4) 5-cycle vehicle configuration fuel economy and CO2
emission values, as determined in Sec. 600.207-12(a), (b), or (c), as
applicable, are grouped according to base level.
(i) If only one vehicle configuration within a base level has been
tested, the fuel economy and CO2 emission values from that
vehicle configuration constitute the fuel economy and CO2
emission values for that base level.
(ii) If more than one vehicle configuration within a base level has
been tested, the vehicle configuration
[[Page 39554]]
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.
(iii) If more than one vehicle configuration within a base level
has been tested, the vehicle configuration CO2 emission
values are arithmetically averaged in proportion to the respective
sales fraction (rounded to the nearest 0.0001) of each vehicle
configuration and the resultant CO2 emission value rounded
to the nearest 0.1 gram per mile.
(5) The procedure specified in Sec. 600.209-12(a) will be repeated
for each base level, thus establishing city and highway fuel economy
and CO2 emission values for each base level.
(6) [Reserved]
(7) For alcohol dual fuel automobiles and natural gas dual fuel
automobiles, the procedures of paragraphs (a)(1) through (6) of this
section shall be used to calculate two separate sets of city, highway,
and combined fuel economy and CO2 emission values for each
base level.
(i) Calculate the city and highway fuel economy and CO2
emission values from the tests performed using gasoline or diesel test
fuel.
(ii) If 5-cycle testing was performed on the alcohol or natural gas
test fuel, calculate the city and highway fuel economy and
CO2 emission values from the tests performed using alcohol
or natural gas test fuel.
(b) Model type. For each model type, as determined by the
Administrator, city and highway fuel economy and CO2
emissions values will be calculated by using the projected sales and
fuel economy and CO2 emission values for each base level
within the model type. Separate model type calculations will be done
based on the vehicle configuration fuel economy and CO2
emission values as determined in Sec. 600.207, as applicable.
(1) If the Administrator determines that automobiles intended for
sale in the State of California are likely to exhibit significant
differences in fuel economy and CO2 emissions from those
intended for sale in other states, he will calculate fuel economy and
CO2 emission values for each model type for vehicles
intended for sale in California and for each model type for vehicles
intended for sale in the rest of the states.
(2) The sales fraction for each base level is calculated by
dividing the projected sales of the base level within the model type by
the projected sales of the model type and rounding the quotient to the
nearest 0.0001.
(3)(i) The 5-cycle city fuel economy values of the model type
(calculated to the nearest 0.0001 mpg) are determined by dividing one
by a sum of terms, each of which corresponds to a base level and which
is a fraction determined by dividing:
(A) The sales fraction of a base level; by
(B) The 5-cycle city fuel economy value for the respective base
level.
(ii) The 5-cycle city CO2 emissions of the model type
(calculated to the nearest tenth of a gram per mile) are determined by
a sum of terms, each of which corresponds to a base level and which is
a product determined by multiplying:
(A) The sales fraction of a base level; by
(B) The 5-cycle city CO2 emissions for the respective
base level.
(4) The procedure specified in paragraph (b)(3) of this section is
repeated in an analogous manner to determine the highway and combined
fuel economy and CO2 emission values for the model type.
(5) For alcohol dual fuel automobiles and natural gas dual fuel
automobiles the procedures of paragraphs (b)(1) through (4) of this
section shall be used to calculate two separate sets of city and
highway fuel economy and CO2 emission values for each model
type.
(i) Calculate the city and highway fuel economy and CO2
emission values from the tests performed using gasoline or diesel test
fuel.
(ii) Calculate the city, highway, and combined fuel economy and
CO2 emission values from the tests performed using alcohol
or natural gas test fuel, if 5-cycle testing was performed on the
alcohol or natural gas test fuel. Otherwise, the procedure in Sec.
600.210-12(a)(3) or (b)(3) applies.
0
47. Section 600.210-08 is amended by adding paragraph (f) to read as
follows:
Sec. 600.210-08 Calculation of fuel economy values for labeling.
* * * * *
(f) Sample calculations. An example of the calculation required in
this subpart is in Appendix III of this part.
0
48. Section Sec. 600.210-12 is added to read as follows:
Sec. 600.210-12 Calculation of fuel economy and CO2
emission values for labeling.
(a) General labels. Except as specified in paragraphs (d) and (e)
of this section, fuel economy and CO2 emissions for general
labels may be determined by one of two methods. The first is based on
vehicle-specific model-type 5-cycle data as determined in Sec.
600.209-12(b). This method is available for all vehicles and is
required for vehicles that do not qualify for the second method as
described in Sec. 600.115 (other than electric vehicles). The second
method, the derived 5-cycle method, determines fuel economy and
CO2 emissions values from the FTP and HFET tests using
equations that are derived from vehicle-specific 5-cycle model type
data, as determined in paragraph (a)(2) of this section. Manufacturers
may voluntarily lower fuel economy values and raise CO2
values if they determine that the label values from any method are not
representative of the fuel economy or CO2 emissions for that
model type.
(1) Vehicle-specific 5-cycle labels. The city and highway model
type fuel economy determined in Sec. 600.209-12(b), rounded to the
nearest mpg, and the city and highway model type CO2
emissions determined in Sec. 600.209-12(b), rounded to the nearest
gram per mile, comprise the fuel economy and CO2 emission
values for general fuel economy labels, or, alternatively;
(2) Derived 5-cycle labels. Derived 5-cycle city and highway label
values are determined according to the following method:
(i)(A) For each model type, determine the derived five-cycle city
fuel economy using the following equation and coefficients determined
by the Administrator:
[GRAPHIC] [TIFF OMITTED] TR06JY11.036
Where:
City Intercept = Intercept determined by the Administrator based on
historic vehicle-specific 5-cycle city fuel economy data.
City Slope = Slope determined by the Administrator based on historic
vehicle-specific 5-cycle city fuel economy data.
[[Page 39555]]
MT FTP FE = the model type FTP-based city fuel economy determined
under Sec. 600.208-12(b), rounded to the nearest 0.0001 mpg.
(B) For each model type, determine the derived five-cycle city
CO2 emissions using the following equation and coefficients
determined by the Administrator:
Derived 5-cycle City CO2 = ({City Intercept{time} x A) +
({City Slope{time} x MT FTP CO2)
Where:
A = 8,887 for gasoline-fueled vehicles, 10,180 for diesel-fueled
vehicles, or an appropriate value specified by the Administrator for
other fuels.
City Intercept = Intercept determined by the Administrator based on
historic vehicle-specific 5-cycle city fuel economy data.
City Slope = Slope determined by the Administrator based on historic
vehicle-specific 5-cycle city fuel economy data.
MT FTP CO2 = the model type FTP-based city CO2
emissions determined under Sec. 600.208-12(b), rounded to the
nearest 0.1 grams per mile.
(ii)(A) For each model type, determine the derived five-cycle
highway fuel economy using the equation below and coefficients
determined by the Administrator:
[GRAPHIC] [TIFF OMITTED] TR06JY11.037
Where:
Highway Intercept = Intercept determined by the Administrator based
on historic vehicle-specific 5-cycle highway fuel economy data.
Highway Slope = Slope determined by the Administrator based on
historic vehicle-specific 5-cycle highway fuel economy data.
MT HFET FE = the model type highway fuel economy determined under
Sec. 600.208-12(b), rounded to the nearest 0.0001 mpg.
(B) For each model type, determine the derived five-cycle highway
CO2 emissions using the equation below and coefficients
determined by the Administrator:
Derived 5-cycle Highway CO2 = ({Highway Intercept{time} x
A) + ({Highway Slope{time} x MT HFET CO2)
Where:
A = 8,887 for gasoline-fueled vehicles, 10,180 for diesel-fueled
vehicles, or an appropriate value specified by the Administrator for
other fuels.
Highway Intercept = Intercept determined by the Administrator based
on historic vehicle-specific 5-cycle highway fuel economy data.
Highway Slope = Slope determined by the Administrator based on
historic vehicle-specific 5-cycle highway fuel economy data.
MT HFET CO2 = the model type highway CO2
emissions determined under Sec. 600.208-12(b), rounded to the
nearest 0.1 grams per mile.
(iii) Unless and until superseded by written guidance from the
Administrator, the following intercepts and slopes shall be used in
the equations in paragraphs (a)(2)(i) and (ii) of this section:
City Intercept = 0.003259.
City Slope = 1.1805.
Highway Intercept = 0.001376.
Highway Slope = 1.3466.
(iv) The Administrator will periodically update the slopes and
intercepts through guidance and will determine the model year that the
new coefficients must take effect. The Administrator will issue
guidance no later than six months prior to the earliest starting date
of the effective model year (e.g., for 2011 models, the earliest start
of the model year is January 2, 2010, so guidance would be issued by
July 1, 2009.) Until otherwise instructed by written guidance from the
Administrator, manufacturers must use the coefficients that are
currently in effect.
(3) General alternate fuel economy and CO2 emissions
label values for dual fuel vehicles.
(i)(A) City and Highway fuel economy label values for dual fuel
alcohol-based and natural gas vehicles when using the alternate fuel
are separately determined by the following calculation:
[GRAPHIC] [TIFF OMITTED] TR06JY11.038
Where:
FEalt = The unrounded FTP-based model-type city or HFET-
based model-type highway fuel economy from the alternate fuel, as
determined in Sec. 600.208-12(b)(5)(ii).
5cycle FEgas = The unrounded vehicle-specific or derived
5-cycle model-type city or highway fuel economy, as determined in
paragraph (a)(1) or (2) of this section.
FEgas = The unrounded FTP-based city or HFET-based model
type highway fuel economy from gasoline (or diesel), as determined
in Sec. 600.208-12(b)(5)(i).
The result, rounded to the nearest whole number, is the alternate
fuel label value for dual fuel vehicles.
(B) City and Highway CO2 label values for dual fuel
alcohol-based and natural gas vehicles when using the alternate fuel
are separately determined by the following calculation:
[GRAPHIC] [TIFF OMITTED] TR06JY11.039
Where:
CO2alt = The unrounded FTP-based model-type city or HFET-
based model-type CO2 emissions value from the alternate
fuel, as determined in Sec. 600.208-12(b)(5)(ii).
5cycle CO2gas = The unrounded vehicle-specific or derived
5-cycle model-type city or highway CO2 emissions value,
as determined in paragraph (a)(1) or (2) of this section.
CO2gas = The unrounded FTP-based city or HFET-based model
type highway CO2 emissions value from gasoline (or
diesel), as determined in Sec. 600.208-12(b)(5)(i).
The result, rounded to the nearest whole number, is the
alternate fuel CO2 emissions label value for dual fuel
vehicles.
(ii) Optionally, if complete 5-cycle testing has been performed
using the alternate fuel, the manufacturer may choose to use the
alternate fuel label city or highway fuel economy and CO2
emission values determined in Sec. 600.209-12(b)(5)(ii), rounded to
the nearest whole number.
(4) General alternate fuel economy and CO2 emissions
label values for electric vehicles. Determine FTP-based city and HFET-
based highway fuel economy label values for electric
[[Page 39556]]
vehicles as described in Sec. 600.116. Convert W-hour/mile results to
miles per kW-hr and miles per gasoline gallon equivalent.
CO2 label information is based on tailpipe emissions only,
so CO2 emissions from electric vehicles are assumed to be
zero.
(5) General alternate fuel economy and CO2 emissions
label values for fuel cell vehicles. Determine FTP-based city and HFET-
based highway fuel economy label values for electric vehicles using
procedures specified by the Administrator. Convert kilograms of
hydrogen/mile results to miles per kilogram of hydrogen and miles per
gasoline gallon equivalent. CO2 label information is based
on tailpipe emissions only, so CO2 emissions from fuel cell
vehicles are assumed to be zero.
(b) Specific labels. Except as specified in paragraphs (d) and (e)
of this section, fuel economy and CO2 emissions for specific
labels may be determined by one of two methods. The first is based on
vehicle-specific configuration 5-cycle data as determined in Sec.
600.207. This method is available for all vehicles and is required for
vehicles that do not qualify for the second method as described in
Sec. 600.115 (other than electric vehicles). The second method, the
derived 5-cycle method, determines fuel economy and CO2
emissions values from the FTP and HFET tests using equations that are
derived from vehicle-specific 5-cycle configuration data, as determined
in paragraph (b)(2) of this section. Manufacturers may voluntarily
lower fuel economy values and raise CO2 values if they
determine that the label values from either method are not
representative of the fuel economy or CO2 emissions for that
model type.
(1) Vehicle-specific 5-cycle labels. The city and highway
configuration fuel economy determined in Sec. 600.207, rounded to the
nearest mpg, and the city and highway configuration CO2
emissions determined in Sec. 600.207, rounded to the nearest gram per
mile, comprise the fuel economy and CO2 emission values for
specific fuel economy labels, or, alternatively;
(2) Derived 5-cycle labels. Specific city and highway label values
from derived 5-cycle are determined according to the following method:
(i)(A) Determine the derived five-cycle city fuel economy of the
configuration using the equation below and coefficients determined by
the Administrator:
[GRAPHIC] [TIFF OMITTED] TR06JY11.040
Where:
City Intercept = Intercept determined by the Administrator based on
historic vehicle-specific 5-cycle city fuel economy data.
City Slope = Slope determined by the Administrator based on historic
vehicle-specific 5-cycle city fuel economy data.
Config FTP FE = the configuration FTP-based city fuel economy
determined under Sec. 600.206, rounded to the nearest 0.0001 mpg.
(B) Determine the derived five-cycle city CO2 emissions
of the configuration using the equation below and coefficients
determined by the Administrator:
Derived 5-cycle City CO2 = {City Intercept{time} + {City
Slope{time} x Config FTP CO2
Where:
City Intercept = Intercept determined by the Administrator based on
historic vehicle-specific 5-cycle city fuel economy data.
City Slope = Slope determined by the Administrator based on historic
vehicle-specific 5-cycle city fuel economy data.
Config FTP CO2 = the configuration FTP-based city
CO2 emissions determined under Sec. 600.206, rounded to
the nearest 0.1 grams per mile.
(ii)(A) Determine the derived five-cycle highway fuel economy of
the configuration using the equation below and coefficients determined
by the Administrator:
[GRAPHIC] [TIFF OMITTED] TR06JY11.041
Where:
Highway Intercept = Intercept determined by the Administrator based
on historic vehicle-specific 5-cycle highway fuel economy data.
Highway Slope = Slope determined by the Administrator based on
historic vehicle-specific 5-cycle highway fuel economy data.
Config HFET FE = the configuration highway fuel economy determined
under Sec. 600.206, rounded to the nearest tenth.
(B) Determine the derived five-cycle highway CO2
emissions of the configuration using the equation below and
coefficients determined by the Administrator:
Derived 5-cycle city Highway CO2 = {Highway Intercept{time}
+ {Highway Slope{time} x Config HFET CO2
Where:
Highway Intercept = Intercept determined by the Administrator based
on historic vehicle-specific 5-cycle highway fuel economy data.
Highway Slope = Slope determined by the Administrator based on
historic vehicle-specific 5-cycle highway fuel economy data.
Config HFET CO2 = the configuration highway fuel economy
determined under Sec. 600.206, rounded to the nearest tenth.
(iii) The slopes and intercepts of paragraph (a)(2)(iii) of this
section apply.
(3) Specific alternate fuel economy and CO2 emissions
label values for dual fuel vehicles. (i)(A) Specific city and highway
fuel economy label values for dual fuel alcohol-based and natural gas
vehicles when using the alternate fuel are separately determined by the
following calculation:
[GRAPHIC] [TIFF OMITTED] TR06JY11.042
Where:
FEalt = The unrounded FTP-based configuration city or
HFET-based configuration highway fuel economy from the alternate
fuel, as determined in Sec. 600.206.
5cycle FEgas = The unrounded vehicle-specific or derived
5-cycle configuration
[[Page 39557]]
city or highway fuel economy as determined in paragraph (b)(1) or
(2) of this section.
FEgas = The unrounded FTP-based city or HFET-based
configuration highway fuel economy from gasoline, as determined in
Sec. 600.206.
The result, rounded to the nearest whole number, is the
alternate fuel label value for dual fuel vehicles.
(B) Specific city and highway CO2 emission label values
for dual fuel alcohol-based and natural gas vehicles when using the
alternate fuel are separately determined by the following calculation:
[GRAPHIC] [TIFF OMITTED] TR06JY11.043
Where:
CO2alt = The unrounded FTP-based configuration city or
HFET-based configuration highway CO2 emissions value from
the alternate fuel, as determined in Sec. 600.206.
5cycle CO2gas = The unrounded vehicle-specific or derived
5-cycle configuration city or highway CO2 emissions value
as determined in paragraph (b)(1) or (b)(2) of this section.
CO2gas = The unrounded FTP-based city or HFET-based
configuration highway CO2 emissions value from gasoline,
as determined in Sec. 600.206.
The result, rounded to the nearest whole number, is the
alternate fuel CO2 emissions label value for dual fuel
vehicles.
(ii) Optionally, if complete 5-cycle testing has been performed
using the alternate fuel, the manufacturer may choose to use the
alternate fuel label city or highway fuel economy and CO2
emission values determined in Sec. 600.207-12(a)(4)(ii), rounded to
the nearest whole number.
(4) Specific alternate fuel economy and CO2 emissions
label values for electric vehicles. Determine FTP-based city and HFET-
based highway fuel economy label values for electric vehicles as
described in Sec. 600.116. Determine these values by running the
appropriate repeat test cycles. Convert W-hour/mile results to miles
per kW-hr and miles per gasoline gallon equivalent. CO2
label information is based on tailpipe emissions only, so
CO2 emissions from electric vehicles are assumed to be zero.
(5) Specific alternate fuel economy and CO2 emissions
label values for fuel cell vehicles. Determine FTP-based city and HFET-
based highway fuel economy label values for fuel cell vehicles using
procedures specified by the Administrator. Convert kilograms of
hydrogen/mile results to miles per kilogram of hydrogen and miles per
gasoline gallon equivalent. CO2 label information is based
on tailpipe emissions only, so CO2 emissions from fuel cell
vehicles are assumed to be zero.
(c) Calculating combined fuel economy. (1) For the purposes of
calculating the combined fuel economy for a model type, to be used in
displaying on the label and for determining annual fuel costs under
subpart D of this part, the manufacturer shall use one of the following
procedures:
(i) For gasoline-fueled, diesel-fueled, alcohol-fueled, and natural
gas-fueled automobiles, and for dual fuel automobiles that can operate
on gasoline or diesel fuel, harmonically average the unrounded city and
highway fuel economy values, determined in paragraphs (a)(1) or (2) of
this section and (b)(1) or (2) of this section, weighted 0.55 and 0.45
respectively. Round the result to the nearest whole mpg. (An example of
this calculation procedure appears in Appendix II of this part).
(ii) For alcohol dual fuel and natural gas dual fuel automobiles
operated on the alternate fuel, harmonically average the unrounded city
and highway values from the tests performed using the alternative fuel
as determined in paragraphs (a)(3) and (b)(3) of this section, weighted
0.55 and 0.45 respectively. Round the result to the nearest whole mpg.
(iii) For electric vehicles, calculate the combined fuel economy,
in miles per kW-hr and miles per gasoline gallon equivalent, by
harmonically averaging the unrounded city and highway values, weighted
0.55 and 0.45 respectively. Round miles per kW-hr to the nearest 0.001
and round miles per gasoline gallon equivalent to the nearest whole
number.
(iv) For plug-in hybrid electric vehicles, calculate a combined
fuel economy value, in miles per gasoline gallon equivalent as follows:
(A) Determine city and highway fuel economy values for vehicle
operation after the battery has been fully discharged (``gas only
operation'' or ``charge-sustaining mode'') as described in paragraphs
(a) and (b) of this section.
(B) Determine city and highway fuel economy values for vehicle
operation starting with a full battery charge (``all-electric
operation'' or ``gas plus electric operation'', as appropriate, or
``charge-depleting mode'') as described in Sec. 600.116. For battery
energy, convert W-hour/mile results to miles per gasoline gallon
equivalent or miles per diesel gallon equivalent, as applicable. Note
that you must also express battery-based fuel economy values in miles
per kW-hr for calculating annual fuel cost as described in Sec.
600.311.
(C) Calculate a composite city fuel economy value and a composite
highway fuel economy value by combining the separate results for
battery and engine operation using the procedures described in Sec.
600.116). Apply the derived 5-cycle adjustment to these composite
values. Use these values to calculate the vehicle's combined fuel
economy as described in paragraph (c)(1)(i) of this section.
(v) For fuel cell vehicles, calculate the combined fuel economy, in
miles per kilogram and miles per gasoline gallon equivalent, by
harmonically averaging the unrounded city and highway values, weighted
0.55 and 0.45 respectively. Round miles per kilogram to the nearest
whole number and round miles per gasoline gallon equivalent to the
nearest whole number.
(2) For the purposes of calculating the combined CO2
emissions value for a model type, to be used in displaying on the label
under subpart D of this part, the manufacturer shall:
(i) For gasoline-fueled, diesel-fueled, alcohol-fueled, and natural
gas-fueled automobiles, and for dual fuel automobiles that can operate
on gasoline or diesel fuel, arithmetically average the unrounded city
and highway values, determined in
[[Page 39558]]
paragraphs (a)(1) or (2) of this section and (b)(1) or (2) of this
section, weighted 0.55 and 0.45 respectively, and round to the nearest
whole gram per mile; or
(ii) For alcohol dual fuel and natural gas dual fuel automobiles
operated on the alternate fuel, arithmetically average the unrounded
city and highway CO2 emission values from the tests
performed using the alternative fuel as determined in paragraphs (a)(3)
and (b)(3) of this section, weighted 0.55 and 0.45 respectively, and
round to the nearest whole gram per mile.
(iii) CO2 label information is based on tailpipe
emissions only, so CO2 emissions from electric vehicles and
fuel cell vehicles are assumed to be zero.
(iv) For plug-in hybrid electric vehicles, calculate combined
CO2 emissions as follows:
(A) Determine city and highway CO2 emission rates for
vehicle operation after the battery has been fully discharged (``gas
only operation'' or ``charge-sustaining mode'') as described in
paragraphs (a) and (b) of this section.
(B) Determine city and highway CO2 emission rates for
vehicle operation starting with a full battery charge (``all-electric
operation'' or ``gas plus electric operation'', as appropriate, or
``charge-depleting mode'') as described in Sec. 600.116. Note that
CO2 label information is based on tailpipe emissions only,
so CO2 emissions from electricity are assumed to be zero.
(C) Calculate a composite city CO2 emission rate and a
composite highway CO2 emission rate by combining the
separate results for battery and engine operation using the procedures
described in Sec. 600.116. Use these values to calculate the vehicle's
combined fuel economy as described in paragraph (c)(1)(i) of this
section.
(d) Calculating combined fuel economy and CO2 emissions.
(1) If the criteria in Sec. 600.115-11(a) are met for a model type,
both the city and highway fuel economy and CO2 emissions
values must be determined using the vehicle-specific 5-cycle method. If
the criteria in Sec. 600.115-11(b) are met for a model type, the city
fuel economy and CO2 emissions values may be determined
using either method, but the highway fuel economy and CO2
emissions values must be determined using the vehicle-specific 5-cycle
method (or modified 5-cycle method as allowed under Sec. 600.114-
12(b)(2)).
(2) If the criteria in Sec. 600.115 are not met for a model type,
the city and highway fuel economy and CO2 emission label
values must be determined by using the same method, either the derived
5-cycle or vehicle-specific 5-cycle.
(3) Manufacturers may use any of the following methods for
determining 5-cycle values for fuel economy and CO2
emissions for electric vehicles:
(i) Generate 5-cycle data as described in paragraph (a)(1) of this
section.
(ii) Decrease fuel economy values by 30 percent and increase
CO2 emission values by 30 percent relative to data generated
from 2-cycle testing.
(iii) Manufacturers may ask the Administrator to approve adjustment
factors for deriving 5-cycle fuel economy results from 2-cycle test
data based on operating data from their in-use vehicles. Such data
should be collected from multiple vehicles with different drivers over
a range of representative driving routes and conditions. The
Administrator may approve such an adjustment factor for any of the
manufacturer's vehicle models that are properly represented by the
collected data.
(e) Fuel economy values and other information for advanced
technology vehicles. (1) The Administrator may prescribe an alternative
method of determining the city and highway model type fuel economy and
CO2 emission values for general, unique or specific fuel
economy labels other than those set forth in this subpart C for
advanced technology vehicles including, but not limited to fuel cell
vehicles, hybrid electric vehicles using hydraulic energy storage, and
vehicles equipped with hydrogen internal combustion engines.
(2) For advanced technology vehicles, the Administrator may
prescribe special methods for determining information other than fuel
economy that is required to be displayed on fuel economy labels as
specified in Sec. 600.302-12(e).
(f) Sample calculations. An example of the calculation required in
this subpart is in Appendix III of this part.
Subpart D--Fuel Economy Labeling
0
49. The heading for subpart D is revised as set forth above.
Sec. Sec. 600.301-08, 600.301-12, 600.301-86, 600.301-95, 600.302-77,
600.303-77, 600.304-77, 600.305-77, 600.306-86, 600.307-86, 600.307-95,
600.310-86, 600.311-86, 600.313-86, 600.314-01, 600.314-86, and
600.315-82 [Removed]
0
50. Subpart D is amended by removing the following sections:
Sec. 600.301-08.
Sec. 600.301-12.
Sec. 600.301-86.
Sec. 600.301-95.
Sec. 600.302-77.
Sec. 600.303-77.
Sec. 600.304-77.
Sec. 600.305-77.
Sec. 600.306-86.
Sec. 600.307-86.
Sec. 600.307-95.
Sec. 600.310-86.
Sec. 600.311-86.
Sec. 600.313-86.
Sec. 600.314-01.
Sec. 600.314-86.
Sec. 600.315-82.
Sec. 600.306-08 [Redesignated as Sec. 600.301]
Sec. 600.307-08 [Redesignated as Sec. 600.302-08]
Sec. 600.312-86 [Redesignated as Sec. 600.312-08]
Sec. 600.313-01 [Redesignated as Sec. 600.313-08]
Sec. 600.316-78 [Redesignated as Sec. 600.316-08]
0
51. Redesignate specific sections in subpart D as follows:
old section new section
600.306-08.............................................. 600.301
600.307-08.............................................. 600.302-08
600.312-86.............................................. 600.312-08
600.313-01.............................................. 600.313-08
600.316-78.............................................. 600.316-08
0
52. Newly redesignated Sec. 600.301 is revised to read as follows:
Sec. 600.301 Labeling requirements.
(a) Prior to being offered for sale, each manufacturer shall affix
or cause to be affixed and each dealer shall maintain or cause to be
maintained on each automobile:
(1) A general fuel economy label (initial, or updated as required
in Sec. 600.314) as described in Sec. 600.302 or:
(2) A specific label, for those automobiles manufactured or
imported before the date that occurs 15 days after general labels have
been determined by the manufacturer, as described in Sec. 600.210-
08(b) or Sec. 600.210-12(b).
(i) If the manufacturer elects to use a specific label within a
model type (as defined in Sec. 600.002, he shall also affix specific
labels on all automobiles within this model type, except on those
automobiles manufactured or imported before the date that labels are
required to bear range values as required by paragraph (b) of this
section, or determined by the Administrator, or as permitted under
Sec. 600.310.
(ii) If a manufacturer elects to change from general to specific
labels or vice versa within a model type, the manufacturer shall,
within five calendar days, initiate or discontinue as applicable, the
use of specific labels on all vehicles within a model type at all
facilities where labels are affixed.
[[Page 39559]]
(3) For any vehicle for which a specific label is requested which
has a combined FTP/HFET-based fuel economy value, as determined in
Sec. 600.513, at or below the minimum tax-free value, the following
statement must appear on the specific label:
``[Manufacturer's name] may have to pay IRS a Gas Guzzler Tax on
this vehicle because of the low fuel economy.''
(4)(i) At the time a general fuel economy value is determined for a
model type, a manufacturer shall, except as provided in paragraph
(a)(4)(ii) of this section, relabel, or cause to be relabeled, vehicles
which:
(A) Have not been delivered to the ultimate purchaser, and
(B) Have a combined FTP/HFET-based model type fuel economy value
(as determined in Sec. 600.208-08(b) or Sec. 600.208-12(b) of 0.1 mpg
or more below the lowest fuel economy value at which a Gas Guzzler Tax
of $0 is to be assessed.
(ii) The manufacturer has the option of re-labeling vehicles during
the first five working days after the general label value is known.
(iii) For those vehicle model types which have been issued a
specific label and are subsequently found to have tax liability, the
manufacturer is responsible for the tax liability regardless of whether
the vehicle has been sold or not or whether the vehicle has been
relabeled or not.
(b) The manufacturer shall include the current range of fuel
economy of comparable automobiles (as described in Sec. Sec. 600.311
and 600.314) in the label of each vehicle manufactured or imported more
than 15 calendar days after the current range is made available by the
Administrator.
(1) Automobiles manufactured or imported before a date 16 or more
calendar days after the initial label range is made available under
Sec. 600.311 shall include the range from the previous model year.
(2) Automobiles manufactured or imported more than 15 calendar days
after the label range is made available under Sec. 600.311 shall be
labeled with the current range of fuel economy of comparable
automobiles as approved for that label.
(c) The fuel economy label must be readily visible from the
exterior of the automobile and remain affixed until the time the
automobile is delivered to the ultimate consumer.
(1) It is preferable that the fuel economy label information be
incorporated into the Automobile Information Disclosure Act label,
provided that the prominence and legibility of the fuel economy label
is maintained. For this purpose, all fuel economy label information
must be placed on a separate section in the Automobile Information
Disclosure Act label and may not be intermixed with that label
information, except for vehicle descriptions as noted in Sec. 600.303-
08(d)(1).
(2) The fuel economy label must be located on a side window. If the
window is not large enough to contain both the Automobile Information
Disclosure Act label and the fuel economy label, the manufacturer shall
have the fuel economy label affixed on another window and as close as
possible to the Automobile Information Disclosure Act label.
(3) The manufacturer shall have the fuel economy label affixed in
such a manner that appearance and legibility are maintained until after
the vehicle is delivered to the ultimate consumer.
(d) The labeling requirements specified in this subpart for 2008
model year vehicles continue to apply through the 2011 model year. In
the 2012 model year, manufacturers may label their vehicles as
specified in this subpart for either 2008 or 2012 model years. The
labeling requirements specified in this subpart for 2012 model year
vehicles are mandatory for 2013 and later model years.
Sec. 600.302-08 [Amended]
0
53. Newly redesignated Sec. 600.302-08 is amended by removing and
reserving paragraphs (h) through (j).
0
54. Section Sec. 600.302-12 is added to subpart D to read as follows:
Sec. 600.302-12 Fuel economy label--general provisions.
This section describes labeling requirements and specifications
that apply to all vehicles. The requirements and specifications in this
section and those in Sec. Sec. 600.304 through 600.310 are illustrated
in Appendix VI of this part.
(a) Basic format. Fuel economy labels must be rectangular in shape
with a minimum width of 174 mm and a minimum height of 114 mm. The
required label can be divided into three fields separated and outlined
by a continuous border, as described in paragraphs (b) through (e) of
this section.
(b) Border. Create a continuous black border to outline the label
and separate the three information fields. Include the following
information in the top and bottom portions of the border:
(1) In the left portion of the upper border, include ``EPA'' and
``DOT'' with a horizontal line in between (``EPA divided by DOT'').
(2) Immediately to the right of the Agency names, include the
heading ``Fuel Economy and Environment''.
(3) Identify the vehicle's fuel type on the right-most portion of
the upper border in a blue-colored field as follows:
(i) For vehicles designed to operate on a single fuel, identify the
appropriate fuel. For example, identify the vehicle as ``Gasoline
Vehicle'', ``Diesel Vehicle'', ``Compressed Natural Gas Vehicle'',
``Hydrogen Fuel Cell Vehicle'', etc. This includes hybrid electric
vehicles that do not have plug-in capability. Include a logo
corresponding to the fuel to the left of this designation as follows:
(A) For gasoline, include a fuel pump logo.
(B) For diesel fuel, include a fuel pump logo with a ``D''
inscribed in the base of the fuel pump.
(C) For natural gas, include the established CNG logo.
(D) For hydrogen fuel cells, include the expression
``H2''.
(ii) Identify flexible-fuel vehicles and dual-fuel vehicles as
``Flexible-Fuel Vehicle Gasoline-Ethanol (E85)'', ``Flexible-Fuel
Vehicle Diesel-Natural Gas'', etc. Include a fuel pump logo or a
combination of logos to the left of this designation as appropriate.
For example, for vehicles that operate on gasoline or ethanol, include
a fuel pump logo and the designation ``E85''.
(iii) Identify plug-in hybrid electric vehicles as ``Plug-In Hybrid
Vehicle Electricity-Gasoline'' or ``Plug-In Hybrid Vehicle Electricity-
Diesel''. Include a fuel pump logo as specified in paragraph (b)(3)(i)
of this section and an electric plug logo to the left of this
designation.
(iv) Identify electric vehicles as ``Electric Vehicle''. Include an
electric plug logo to the left of this designation.
(4) Include the following statement in the upper left portion of
the lower border: ``Actual results will vary for many reasons,
including driving conditions and how you drive and maintain your
vehicle. The average new vehicle gets a MPG and costs $b to fuel over 5
years. Cost estimates are based on c miles per year at $d per gallon.
MPGe is miles per gasoline gallon equivalent. Vehicle emissions are a
significant cause of climate change and smog.'' For a, b, c, and d,
insert the appropriate values established by EPA, including
consideration of the type of fuel that is required for the vehicle. See
Sec. Sec. 600.303 through 600.310 for alternate statements that apply
for vehicles that use a fuel other than gasoline or diesel fuel.
(5) In the lower left portion of the lower border, include the Web
site reference, ``fueleconomy.gov'', and the following statement:
``Calculate
[[Page 39560]]
personalized estimates and compare vehicles''.
(6) Include a field in the right-most portion of the lower border
to allow for accessing interactive information with mobile electronic
devices. To do this, include an image of a QR code that will direct
mobile electronic devices to an EPA-specified Web site with fuel
economy information. Generate the QR code as specified in ISO/IEC 18004
(incorporated by reference in Sec. 600.011). To the left of the QR
code, include the vertically oriented caption ``Smartphone QR
Code\TM\''.
(7) Along the lower edge of the lower border, to the left of the
field with the QR Code, include the logos for EPA, the Department of
Transportation, and the Department of Energy.
(c) Fuel economy and cost values. Include the following elements in
the field at the top of the label:
(1) The elements specified in this paragraph (c)(1) for vehicles
that run on gasoline or diesel fuel with no plug-in capability. See
Sec. Sec. 600.304 through 600.310 for specifications that apply for
other vehicles.
(i) The heading ``Fuel Economy'' near the top left corner of the
field.
(ii) The combined fuel economy value as determined in Sec. 600.311
below the heading. Include the expression ``combined city/hwy'' below
this number.
(iii) The fuel pump logo to the left of the combined fuel economy
value. For diesel fuel, include a fuel pump logo with a ``D'' inscribed
in the base of the fuel pump.
(iv) The units identifier and specific fuel economy values to the
right of the combined fuel economy rating as follows:
(A) Include the term ``MPG'' in the upper portion of the designated
space.
(B) Include the city fuel economy value determined in Sec. 600.311
in the lower left portion of the designated space. Include the
expression ``city'' below this number.
(C) Include the highway fuel economy value determined in Sec.
600.311 in the lower right portion of the designated space. Include the
expression ``highway'' below this number.
(v) The fuel consumption rate determined in Sec. 600.311, below
the combined fuel economy value, followed by the expression ``gallons
per 100 miles''.
(2) In the upper middle portion of the field, include the following
statement: ``------ range from x to y MPG. The best vehicle rates z
MPGe.'' Fill in the blank with the appropriate vehicle class (such as
Small SUVs). For x, y, and z, insert the appropriate values established
by EPA.
(3) Include one of the following statements in the right side of
the field:
(i) For vehicles with calculated fuel costs higher than the average
vehicle as specified in Sec. 600.311: ``You spend $x more in fuel
costs over 5 years compared to the average new vehicle.'' Complete the
statement by including the calculated increase in fuel costs as
specified in Sec. 600.311.
(ii) For all other vehicles: ``You save $x in fuel costs over 5
years compared to the average new vehicle.'' Complete the statement by
including the calculated fuel savings as specified in Sec. 600.311.
Note that this includes fuel savings of $0.
(d) Annual fuel cost. Include the following statement in the field
in the lower left portion of the label: ``Annual fuel cost $x''.
Complete this statement using the value for annual fuel cost determined
in Sec. 600.311.
(e) Performance ratings. Include the following information in the
field in the lower left portion of the label:
(1) The heading, ``Fuel Economy and Greenhouse Gas Rating (tailpipe
only)'' in the top left corner of the field.
(2) A slider bar below the heading in the left portion of the field
to characterize the vehicle's fuel economy and greenhouse gas ratings,
as determined in Sec. 600.311. Position a box with a downward-pointing
wedge above the slider bar positioned to show where that vehicle's fuel
economy rating falls relative to the total range; include the vehicle's
fuel economy rating inside the box. If the greenhouse gas rating from
Sec. 600.311 is different than the fuel economy rating, position a
second box with an upward-pointing wedge below the slider bar
positioned to show where that vehicle's greenhouse gas rating falls
relative to the total range; include the vehicle's greenhouse gas
rating inside the box. Include the expression ``CO2'' to the
left of the box with the greenhouse gas rating and add the expression
MPG to the left of the box with the fuel economy rating. Include the
number 1 inside the border at the left end of the slider bar. Include
the number 10 inside the border at the right end of the slider bar and
add the term ``Best'' below the slider bar, directly under the number.
EPA will periodically calculate and publish updated rating values as
described in Sec. 600.311. Add color to the slider bar such that it is
blue at the left end of the range, white at the right end of the range,
and shaded continuously across the range.
(3) The heading, ``Smog Rating (tailpipe only)'' in the top right
corner of the field.
(4) Insert a slider bar in the right portion of the field to
characterize the vehicle's level of emission control for ozone-related
air pollutants relative to that of all vehicles. Position a box with a
downward-pointing wedge above the slider bar positioned to show where
that vehicle's emission rating falls relative to the total range.
Include the vehicle's emission rating (as described in Sec. 600.311)
inside the box. Include the number 1 in the border at the left end of
the slider bar and add the expression ``Smog Rating'' under the slider
bar, directly below the number. Include the number 10 in the border at
the right end of the slider bar and add the term ``Best'' below the
slider bar, directly under the number. EPA will periodically calculate
and publish updated range values as described in Sec. 600.311. Add
color to the slider bar such that it is blue at the left end of the
range, white at the right end of the range, and shaded continuously
across the range.
(5) The following statements below the slider bars: ``This vehicle
emits x grams CO2 per mile. The best emits 0 grams per mile
(tailpipe only). Producing and distributing fuel also create emissions;
learn more at fueleconomy.gov.'' For x, insert the vehicle's composite
CO2 emission rate as described in Sec. 600.311. See
Sec. Sec. 600.308 and 600.310 for specifications that apply for
vehicles powered by electricity.
(f) Vehicle description. Where the fuel economy label is physically
incorporated with the Motor Vehicle Information and Cost Savings Act
label, no further vehicle description is needed. If the fuel economy
label is separate from the Automobile Information Disclosure Act label,
describe the vehicle in a location on the label that does not interfere
with the other required information. In cases where the vehicle
description may not easily fit on the label, the manufacturer may
request Administrator approval of modifications to the label format to
accommodate this information. Include the following items in the
vehicle description, if applicable:
(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) Transmission class.
(5) Other descriptive information, as necessary, such as number of
engine cylinders, to distinguish otherwise identical model types or, in
the case of
[[Page 39561]]
specific labels, vehicle configurations, as approved by the
Administrator.
(g) [Reserved]
(h) Gas guzzler provisions. For vehicles requiring a tax statement
under Sec. 600.513, add the phrase ``$x gas guzzler tax'', where $x is
the value of the tax. The tax value required by this paragraph (h) is
based on the combined fuel economy value for the model type calculated
according to Sec. 600.513 and rounded to the nearest 0.1 mpg.
(i) Alternative label provisions for special cases. The
Administrator may approve modifications to the style guidelines if
space is limited. The Administrator may also prescribe special label
format and information requirements for vehicles that are not
specifically described in this subpart, such as hydrogen-fueled
internal combustion engines or hybrid electric vehicles that have
engines operating on fuels other than gasoline or diesel fuel. The
Administrator may also approve alternate wording of statements on the
label if that is necessary or appropriate for a given fuel or
combination of fuels. The revised labeling specifications will conform
to the principles established in this subpart, with any appropriate
modifications or additions to reflect the vehicle's unique
characteristics. See 49 U.S.C. 32908(b)(1)(F).
(j) Rounding. Unless the regulation specifies otherwise, do not
round intermediate values, but round final calculated values identified
in this subpart to the nearest whole number.
(k) Updating information. EPA will periodically publish updated
information that is needed to comply with the labeling requirements in
this subpart. This includes the annual mileage rates and fuel-cost
information, the ``best and worst'' values needed for calculating
relative ratings for individual vehicles, and the various rating
criteria as specified in Sec. 600.311.
0
55. Section 600.303-12 is added to subpart D to read as follows:
Sec. 600.303-12 Fuel economy label--special requirements for
flexible-fuel vehicles.
Fuel economy labels for flexible-fuel vehicles must meet the
specifications described in Sec. 600.302, the modifications described
in this section. This section describes how to label vehicles equipped
with gasoline engines. If the vehicle has a diesel engine, all the
references to ``gas'' or ``gasoline'' in this section are understood to
refer to ``diesel'' or ``diesel fuel'', respectively.
(a) For qualifying vehicles, include the following additional
sentence in the statement identified in Sec. 600.302-12(b)(4): ``This
is a dual fueled automobile.'' See the definition of ``dual fueled
automobile'' in Sec. 600.002.
(b) You may include fuel economy information as described in Sec.
600.302-12(c)(1), or you may include the following elements instead:
(1) The heading ``Fuel Economy'' near the top left corner of the
field.
(2) The combined fuel economy value as determined in Sec. 600.311
below the heading. Include the expression ``combined city/hwy'' below
this number.
(3) The fuel pump logo and other logos as specified in Sec.
600.302-12(b)(3)(ii) to the left of the combined fuel economy value.
(4) The units identifier and specific fuel economy values to the
right of the combined fuel economy value as follows:
(i) Include the term ``MPG'' in the upper portion of the designated
space.
(ii) Include the city fuel economy value determined in Sec.
600.311 in the lower left portion of the designated space. Include the
expression ``city'' below this number.
(iii) Include the highway fuel economy value determined in Sec.
600.311 in the lower right portion of the designated space. Include the
expression ``highway'' below this number.
(5) The fuel consumption rate determined in Sec. 600.311, to the
right of the fuel economy information. Include the expression ``gallons
per 100 miles'' below the numerical value.
(6) The sub-heading ``Driving Range'' below the combined fuel
economy value, with range bars below this sub-heading as follows:
(i) Insert a horizontal range bar nominally 80 mm long to show how
far the vehicle can drive from a full tank of gasoline. Include a
vehicle logo at the right end of the range bar. Include the following
left-justified expression inside the range bar: ``Gasoline: x miles''.
Complete the expression by identifying the appropriate value for total
driving range from Sec. 600.311.
(ii) Insert a second horizontal range bar as described in paragraph
(b)(7)(i) of this section that shows how far the vehicle can drive from
a full tank with the second fuel. Establish the length of the line
based on the proportion of driving ranges for the different fuels.
Identify the appropriate fuel in the range bar.
(c) Add the following statement after the statements described in
Sec. 600.302-12(c)(2): ``Values are based on gasoline and do not
reflect performance and ratings based on E85.'' Adjust this statement
as appropriate for vehicles designed to operate on different fuels.
0
56. Section 600.304-12 is added to subpart D to read as follows:
Sec. 600.304-12 Fuel economy label--special requirements for hydrogen
fuel cell vehicles.
Fuel economy labels for hydrogen fuel cell vehicles must meet the
specifications described in Sec. 600.302, with the following
modifications:
(a) Include the following statement instead of the statement
specified in Sec. 600.302-12(b)(4): ``Actual results will vary for
many reasons, including driving conditions and how you drive and
maintain your vehicle. The average new vehicle gets a MPG and costs $b
to fuel over 5 years. Cost estimates are based on c miles per year at
$d per kilogram of hydrogen. Vehicle emissions are a significant cause
of global warming and smog.'' For a, b, c, and d, insert the
appropriate values established by EPA.
(b) Include the following elements instead of the information
identified in Sec. 600.302-12(c)(1):
(1) The heading ``Fuel Economy'' near the top left corner of the
field.
(2) The combined fuel economy value as determined in Sec. 600.311
below the heading. Include the expression ``combined city/hwy'' below
this number.
(3) The logo specified in Sec. 600.302-12(b)(3)(ii) to the left of
the combined fuel economy value.
(4) The units identifier and specific fuel economy values to the
right of the combined fuel economy value as follows:
(i) Include the term ``MPGe'' in the upper portion of the
designated space.
(ii) Include the city fuel economy value determined in Sec.
600.311 in the lower left portion of the designated space. Include the
expression ``city'' below this number.
(iii) Include the highway fuel economy value determined in Sec.
600.311 in the lower right portion of the designated space. Include the
expression ``highway'' below this number.
(5) The fuel consumption rate determined in Sec. 600.311, to the
right of the fuel economy information. Include the expression ``kg
H2 per 100 miles'' below the numerical value.
(6) The sub-heading ``Driving Range'' below the combined fuel
economy value. Below this sub-heading, insert a horizontal range bar
nominally 80 mm long to show how far the vehicle can drive when fully
fueled. Include a vehicle logo at the right end of the range bar.
Include the following left-justified expression inside the range bar:
``When fully fueled, vehicle can travel about
[[Page 39562]]
* * *''. Below the right end of the range bar, include the expression
``x miles''; complete the expression by identifying the appropriate
value for total driving range from Sec. 600.311. Include numbers below
the bar showing the scale, with numbers starting at 0 and increasing in
equal increments. Use good engineering judgment to divide the range bar
into four, five, or six increments.
0
57. Section 600.306-12 is added to subpart D to read as follows:
Sec. 600.306-12 Fuel economy label--special requirements for
compressed natural gas vehicles.
Fuel economy labels for dedicated natural gas vehicles must meet
the specifications described in Sec. 600.302, with the following
modifications:
(a) Include the following statement instead of the statement
specified in Sec. 600.302-12(b)(4): ``Actual results will vary for
many reasons, including driving conditions and how you drive and
maintain your vehicle. The average new vehicle gets a MPG and costs $b
to fuel over 5 years. Cost estimates are based on c miles per year at
$d per gasoline gallon equivalent. Vehicle emissions are a significant
cause of global warming and smog.'' For a, b, c, and d, insert the
appropriate values established by EPA.
(b) Include the following elements instead of the information
identified in Sec. 600.302-12(c)(1):
(1) The heading ``Fuel Economy'' near the top left corner of the
field.
(2) The combined fuel economy value as determined in Sec. 600.311
below the heading. Include the expression ``combined city/hwy'' below
this number.
(3) The logo specified in Sec. 600.302-12(b)(3)(ii) to the left of
the combined fuel economy value.
(4) The units identifier and specific fuel economy ratings to the
right of the combined fuel economy value as follows:
(i) Include the term ``MPGe'' in the upper portion of the
designated space.
(ii) Include the city fuel economy value determined in Sec.
600.311 in the lower left portion of the designated space. Include the
expression ``city'' below this number.
(iii) Include the highway fuel economy value determined in Sec.
600.311 in the lower right portion of the designated space. Include the
expression ``highway'' below this number.
(5) The fuel consumption rate determined in Sec. 600.311, to the
right of the fuel economy information. Include the expression
``equivalent gallons per 100 miles'' below the numerical value.
(6) The sub-heading ``Driving Range'' below the combined fuel
economy value. Below this sub-heading, insert a horizontal range bar
nominally 80 mm long to show how far the vehicle can drive when fully
fueled. Include a vehicle logo at the right end of the range bar.
Include the following left-justified expression inside the range bar:
``When fully fueled, vehicle can travel about * * *''''. Below the
right end of the range bar, include the expression ``x miles'';
complete the expression by identifying the appropriate value for total
driving range from Sec. 600.311. Include numbers below the bar showing
the scale, with numbers starting at 0 and increasing in equal
increments. Use good engineering judgment to divide the range bar into
four, five, or six increments.
0
58. Section 600.308-12 is added to subpart D to read as follows:
Sec. 600.308-12 Fuel economy label format requirements--plug-in
hybrid electric vehicles.
Fuel economy labels for plug-in hybrid electric vehicles must meet
the specifications described in Sec. 600.302, with the exceptions and
additional specifications described in this section. This section
describes how to label vehicles equipped with gasoline engines. If the
vehicle has a diesel engine, all the references to ``gas'' or
``gasoline'' in this section are understood to refer to ``diesel'' or
``diesel fuel'', respectively.
(a) Include the following statement instead of the statement
specified in Sec. 600.302-12(b)(4): ``Actual results will vary for
many reasons, including driving conditions and how you drive and
maintain your vehicle. The average new vehicle gets a MPG and costs $b
to fuel over 5 years. Cost estimates are based on c miles per year at
$d per gallon and $e per kW-hr. Vehicle emissions are a significant
cause of global warming and smog.'' For a, b, c, d, and e, insert the
appropriate values established by EPA. For qualifying vehicles, include
the following additional sentence: ``This is a dual fueled
automobile.'' See the definition of ``dual fueled automobile in Sec.
600.002.
(b) Include the following elements instead of the information
identified in Sec. 600.302-12(c)(1):
(1) The heading ``Fuel Economy'' near the top left corner of the
field. Include the statement specified in Sec. 600.312-12(c)(2) to the
right of the heading.
(2) An outlined box below the heading with the following
information:
(i) The sub-heading ``Electricity'' if the vehicle's engine starts
only after the battery is fully discharged, or ``Electricity +
Gasoline'' if the vehicle uses combined power from the battery and the
engine before the battery is fully discharged.
(ii) The expression ``Charge Time: x hours (240V)'' below the sub-
heading, where x is the time to charge the battery as specified in
Sec. 600.311. Change the specified voltage if appropriate as specified
in Sec. 600.311.
(iii) The combined fuel economy value for the charge-depleting mode
of operation as determined in Sec. 600.311 below the charge time.
Include the expression ``combined city/highway'' below this number.
(iv) An electric plug logo to the left of the combined fuel economy
value. For vehicles that use combined power from the battery and the
engine before the battery is fully discharged, also include the fuel
pump logo.
(v) The units identifier and consumption ratings to the right of
the combined fuel economy value as follows:
(A) Include the term ``MPGe'' in the upper portion of the
designated space.
(B) If the vehicle's engine starts only after the battery is fully
discharged, identify the vehicle's electricity consumption rate as
specified in Sec. 600.311. Below the number, include the expression:
``kW-hrs per 100 miles''.
(C) If the vehicle uses combined power from the battery and the
engine before the battery is fully discharged, identify the vehicle's
gasoline consumption rate as specified in Sec. 600.311; to the right
of this number, include the expression: ``gallons per 100 miles''.
Below the gasoline consumption rate, identify the vehicle's electricity
consumption rate as specified in Sec. 600.311; to the right of this
number, include the expression: ``kW-hrs per 100 miles''.
(3) A second outlined box to the right of the box described in
paragraph (b)(2) of this section with the following information:
(i) The sub-heading ``Gasoline Only''.
(ii) The combined fuel economy value for operation after the
battery is fully discharged as determined in Sec. 600.311 below the
sub-heading. Include the expression ``combined city/highway'' below
this number.
(iii) A fuel pump logo to the left of the combined fuel economy
value.
(iv) The units identifier and consumption rating to the right of
the combined fuel economy value as follows:
(A) Include the term ``MPG'' in the upper portion of the designated
space.
(B) Identify the vehicle's gasoline consumption rate as specified
in Sec. 600.311.
[[Page 39563]]
Below this number, include the expression: ``gallons per 100
miles''.
(4) Insert a horizontal range bar below the boxes specified in
paragraphs (b)(2) and
(3) of this section that shows how far the vehicle can drive before
the battery is fully discharged, and also how far the vehicle can drive
before running out of fuel, as described in Sec. 600.311. Scale the
range bar such that the driving range at the point of fully discharging
the battery is directly between the two boxes. Identify the driving
range up to fully discharging the battery underneath that point on the
range bar (e.g., ``50 miles''). Use solid black for the gasoline-only
portion of the range bar. Include the left-justified expression
``Gasoline only'' in the gasoline-only portion of the range bar.
Similarly, in the electric portion of the range bar, include the left-
justified expression ``All electric range'' if the vehicle's engine
starts only after the battery is fully discharged, or ``Electricity +
Gasoline'' if the vehicle uses combined power from the battery and the
engine before the battery is fully discharged. Include a vehicle logo
at the right end of the range bar. Extend an arrow from the battery
portion of the range bar up to the right side of the box described in
paragraph (b)(2) of this section. Similarly, extend an arrow from the
gasoline-only portion of the range bar up to the left side of the box
described in paragraph (b)(3) of this section. Include numbers below
the bar showing the scale, with at least three evenly spaced increments
to cover operation before the battery is fully discharged. Include one
more increment using that same scale into the gasoline-only portion of
the range bar. Indicate a broken line toward the right end of the range
bar, followed by the vehicle's total driving distance before running
out of fuel, as described in Sec. 600.311. Adjust the scale and length
of the range bar if the specifications in this paragraph (a)(5) do not
work for your vehicle. Include a left-justified heading above the range
bar with the expression: ``Driving Range''. For vehicles that use
combined power from the battery and the engine before the battery is
fully discharged, add the following statement below the range bar
described in this paragraph (b)(4): ``All electric range = x miles'';
complete the expression by identifying the appropriate value for
driving range starting from a full battery before the engine starts as
described in Sec. 600.311.
(c) Include the following statement instead of the one identified
in Sec. 600.302-12(c)(5): ``This vehicle emits x grams CO2
per mile. The best emits 0 grams per mile (tailpipe only). Producing
and distributing fuel and electricity also create emissions; learn more
at fueleconomy.gov.'' For x, insert the vehicle's composite
CO2 emission rate as described in Sec. 600.311.
0
59. Section 600.310-12 is added to subpart D to read as follows:
Sec. 600.310-12 Fuel economy label format requirements--electric
vehicles.
Fuel economy labels for electric vehicles must meet the
specifications described in Sec. 600.302, with the following
modifications:
(a) Include the following statement instead of the statement
specified in Sec. 600.302-12(b)(4): ``Actual results will vary for
many reasons, including driving conditions and how you drive and
maintain your vehicle. The average new vehicle gets a MPG and costs $b
to fuel over 5 years. Cost estimates are based on c miles per year at
$d per kW-hr. Vehicle emissions are a significant cause of global
warming and smog.'' For a, b, c, and d, insert the appropriate values
established by EPA.
(b) Include the following elements instead of the information
identified in Sec. 600.302-12(c)(1):
(1) The heading ``Fuel Economy'' near the top left corner of the
field.
(2) The combined fuel economy value as determined in Sec. 600.311
below the heading. Include the expression ``combined city/hwy'' below
this number.
(3) An electric plug logo to the left of the combined fuel economy
value.
(4) The units identifier and specific fuel economy values to the
right of the combined fuel economy value as follows:
(i) Include the term ``MPGe'' in the upper portion of the
designated space.
(ii) Include the city fuel economy value determined in Sec.
600.311 in the lower left portion of the designated space. Include the
expression ``city'' below this number.
(iii) Include the highway fuel economy value determined in Sec.
600.311 in the lower right portion of the designated space. Include the
expression ``highway'' below this number.
(5) The fuel consumption rate determined in Sec. 600.311, to the
right of the fuel economy information. Include the expression ``kW-hrs
per 100 miles'' below the numerical value.
(6) The sub-heading ``Driving Range'' below the combined fuel
economy value. Below this sub-heading, insert a horizontal range bar
nominally 80 mm long to show how far the vehicle can drive when fully
fueled. Include a vehicle logo at the right end of the range bar.
Include the following left-justified expression inside the range bar:
``When fully charged, vehicle can travel about * * *''. Below the right
end of the range bar, include the expression ``x miles''; complete the
expression by identifying the appropriate value for total driving range
from Sec. 600.311. Include numbers below the bar showing the scale,
with numbers starting at 0 and increasing in equal increments. Use good
engineering judgment to divide the range bar into four, five, or six
increments.
(7) Below the driving range information, the expression ``Charge
Time: x hours (240V)'', where x is the time to charge the battery as
specified in Sec. 600.311. Change the specified voltage if appropriate
as specified in Sec. 600.311.
(c) Include the following statement instead of the one identified
in Sec. 600.302-12(c)(5): ``This vehicle emits x grams CO2
per mile. The best emits 0 grams per mile (tailpipe only). Does not
include emissions from generating electricity; learn more at
fueleconomy.gov.'' For x, insert the vehicle's composite CO2
emission rate as described in Sec. 600.311.
0
60. Section 600.311-12 is added to subpart D to read as follows:
Sec. 600.311-12 Determination of values for fuel economy labels.
(a) Fuel economy. Determine city and highway fuel economy values as
described in Sec. 600.210-12(a) and (b). Determine combined fuel
economy values as described in Sec. 600.210-12(c). Note that the label
for plug-in hybrid electric vehicles requires separate values for
combined fuel economy for vehicle operation before and after the
vehicle's battery is fully discharged; we generally refer to these
modes as ``Blended Electric+Gas'' (or ``Electric Only'', as applicable)
and ``Gas only''.
(b) CO2 emission rate. Determine the engine-related CO2
emission rate as described in Sec. 600.210-12(d).
(c) Fuel consumption rate. Calculate the fuel consumption rate as
follows:
(1) For vehicles with engines that are not plug-in hybrid electric
vehicles, calculate the fuel consumption rate in gallons per 100 miles
(or gasoline gallon equivalent per 100 miles for fuels other than
gasoline or diesel fuel) with the following formula, rounded to the
first decimal place:
Fuel Consumption Rate = 100/MPG
Where:
MPG = The unrounded value for combined fuel economy from Sec.
600.210-12(c).
(2) For plug-in hybrid electric vehicles, calculate two separate
fuel consumption rates as follows:
(i) Calculate the fuel consumption rate based on engine operation
after the
[[Page 39564]]
battery is fully discharged as described in paragraph (c)(1) of this
section.
(ii) Calculate the fuel consumption rate during operation before
the battery is fully discharged in kW-hours per 100 miles as described
in SAE J1711 (incorporated by reference in Sec. 600.011), as described
in Sec. 600.116.
(3) For electric vehicles, calculate the fuel consumption rate in
kW-hours per 100 miles with the following formula, rounded to the
nearest whole number:
Fuel Consumption Rate = 100/MPG
Where:
MPG = The combined fuel economy value from paragraph (a) of this
section, in miles per kW-hour.
(4) For hydrogen fuel cell vehicles, calculate the fuel consumption
rate in kilograms of hydrogen per 100 miles with the following formula,
rounded to the nearest whole number:
Fuel Consumption Rate = 100/MPG
Where:
MPG = The combined fuel economy value from paragraph (a) of this
section, in miles per kilogram of hydrogen.
(d) Fuel economy and greenhouse gas ratings. Determine a vehicle's
fuel economy and greenhouse gas ratings as follows:
(1) For gasoline-fueled vehicles that are not plug-in hybrid
electric vehicles (including flexible fuel vehicles that operate on
gasoline), establish a single rating based only on the vehicle's
combined fuel economy from paragraph (a) of this section. For all other
vehicles, establish a fuel economy rating based on the vehicle's
combined fuel economy and establish a separate greenhouse gas rating
based on combined CO2 emission rates from paragraph (b) of
this section.
(2) We will establish the fuel economy rating based on fuel
consumption values specified in paragraph (c) of this section. We will
establish the value dividing the 5 and 6 ratings based on the fuel
consumption corresponding to the projected achieved Corporate Average
Fuel Economy level for the applicable model year. This is intended to
prevent below-average vehicles from getting an above-average fuel
economy rating for the label. We will establish the remaining cutpoints
based on a statistical evaluation of available information from the
certification database for all model types. Specifically, the mean
value plus two standard deviations will define the point between the 1
and 2 ratings. The mean value minus two standard deviations will define
the point between the 9 and 10 ratings. The 1 rating will apply for any
vehicle with higher fuel consumption rates than the 2 rating;
similarly, the 10 rating will apply for any vehicle with lower fuel
consumption rates than the 9 rating. We will calculate range values for
the remaining intermediate ratings by dividing the range into equal
intervals. We will convert the resulting range intervals to equivalent
miles-per-gallon values. We will define the greenhouse gas ratings by
converting the values from the fuel economy rating intervals to
equivalent CO2 emission rates using the conventional
conversion factor for gasoline (8887 g CO2 per gallon of
consumed fuel).
(e) Annual fuel cost. Calculate annual fuel costs as follows:
(1) Except as specified in paragraph (e)(3) of this section,
calculate the total annual fuel cost with the following formula,
rounded to nearest $50:
Annual Fuel Cost = Fuel Price/MPG x Average Annual Miles
W
here:Fuel Price = The estimated fuel price provided by EPA for the
type of fuel required for the vehicle. The units are dollars per
gallon for gasoline and diesel fuel, dollars per gasoline gallon
equivalent for natural gas, dollars per kW-hr for plug-in
electricity, and dollars per kilogram of hydrogen for hydrogen fuel
cell vehicles.
MPG = The combined fuel economy value from paragraph (a) of this
section. The units are miles per gallon for gasoline and diesel
fuel, miles per gasoline gallon equivalent for natural gas, miles
per kW-hr for plug-in electricity, and miles per kilogram of
hydrogen for hydrogen fuel cell vehicles.
Average Annual Miles = The estimated annual mileage figure provided
by EPA, in miles.
(2) For dual fuel vehicles and flexible fuel vehicles, disregard
operation on the alternative fuel.
(3) For plug-in hybrid electric vehicles, calculate annual fuel
cost as described in this paragraph (e)(3). This description applies
for vehicles whose engine starts only after the battery is fully
discharged. Use good engineering judgment to extrapolate this for
calculating annual fuel cost for vehicles that use combined power from
the battery and the engine before the battery is fully discharged.
Calculate annual fuel cost as follows:
(i) Determine the charge-depleting ranges for city and highway
operation as described in paragraph (j)(4)(i) of this section. Adjust
each of these values for 5-cycle operation.
(ii) Calculate multi-day individual utility factors (UF) as
described in Sec. 600.116 corresponding to the driving ranges from
paragraph (e)(3)(i) of this section.
(iii) Calculate values for the vehicle's average fuel economy over
the charge-depleting range (in miles per kW-hr) for city and highway
operation as described in Sec. 600.210. Adjust each of these values
for 5-cycle operation. Convert these to $/mile values by dividing the
appropriate fuel price from paragraph (e)(1) of this section by the
average fuel economy determined in this paragraph (e)(3)(iii).
(iv) Calculate values for the vehicle's average fuel economy over
the charge-sustaining range (in miles per gallon) for city and highway
operation as described in Sec. 600.210-12. Adjust each of these values
for 5-cycle operation. Convert these to $/mile values by dividing the
appropriate fuel price from paragraph (e)(1) of this section by the
average fuel economy determined in this paragraph (e)(3)(iv).
(v) Calculate a composite $/mile value for city driving using the
following equation:
$/mile = $/mileCD x UF + $/mileCS x (1-UF)
(vi) Repeat the calculation in paragraph (e)(3)(v) of this section
for highway driving.
(vii) Calculate the annual fuel cost based the combined values for
city and highway driving using the following equation:
Annual fuel cost = ($/milecity x 0.55 + $/milehwy
x 0.45) x Average Annual Miles
(f) Fuel savings. Calculate an estimated five-year cost increment
relative to an average vehicle by multiplying the unrounded annual fuel
cost from paragraph (e) of this section by 5 and subtracting this value
from the average five-year fuel cost. We will calculate the average
five-year fuel cost from the annual fuel cost equation in paragraph (e)
of this section based on a gasoline-fueled vehicle with a mean fuel
economy value, consistent with the value dividing the 5 and 6 ratings
under paragraph (d) of this section. The average five-year fuel cost
for model year 2012 is $12,600 for a 22-mpg vehicle that drives 15,000
miles per year with gasoline priced at $3.70 per gallon. We may
periodically update this five-year reference fuel cost for later model
years to better characterize the fuel economy for an average vehicle.
Round the calculated five-year cost increment to the nearest $50.
Negative values represent a cost increase compared to the average
vehicle.
(g) Smog rating. Establish a rating for exhaust emissions other
than CO2 based on the applicable emission standards as shown
in Table 2 of this section. For
[[Page 39565]]
Independent Commercial Importers that import vehicles not subject to
Tier 2 emission standards, the vehicle's smog rating is 1. If EPA or
California emission standards change in the future, we may revise the
emission levels corresponding to each rating for future model years as
appropriate to reflect the changed standards. If this occurs, we would
publish the revised ratings as described in Sec. 600.302-12(k),
allowing sufficient lead time to make the changes; we would also expect
to initiate a rulemaking to update the smog rating in the regulation.
Table 1 to Sec. 600.311-12--Criteria for Establishing Smog Rating
------------------------------------------------------------------------
California Air
Rating U.S. EPA Tier 2 Resources Board LEV
emission standard II emission standard
------------------------------------------------------------------------
1............................. --............... ULEV &LEV II large
trucks
2............................. Bin 8............ SULEV II large trucks
3............................. Bin 7............ --
4............................. Bin 6............ LEV II, option 1
5............................. Bin 5............ LEV II
6............................. Bin 4............ ULEV II
7............................. Bin 3............ --
8............................. Bin 2............ SULEV II
9............................. --............... PZEV
10............................ Bin 1............ ZEV
------------------------------------------------------------------------
(h) Ranges of fuel economy and CO2 emission values. We
will determine the range of combined fuel economy and CO2
emission values for each vehicle class identified in Sec. 600.315. We
will generally update these range values before the start of each model
year based on the lowest and highest values within each vehicle class.
We will also use this same information to establish a range of fuel
economy values for all vehicles. Continue to use the most recently
published numbers until we update them, even if you start a new model
year before we publish the range values for the new model year.
(i) [Reserved]
(j) Driving range. Determine the driving range for certain vehicles
as follows:
(1) For vehicles operating on nonpressurized liquid fuels,
determine the vehicle's driving range in miles by multiplying the
combined fuel economy described in paragraph (a) of this section by the
vehicle's usable fuel storage capacity, rounded to the nearest whole
number.
(2) For electric vehicles, determine the vehicle's overall driving
range as described in Section 8 of SAE J1634 (incorporated by reference
in Sec. 600.011), as described in Sec. 600.116. Determine separate
range values for FTP-based city and HFET-based highway driving, then
calculate a combined value by arithmetically averaging the two values,
weighted 0.55 and 0.45 respectively, and rounding to the nearest whole
number.
(3) For natural gas vehicles, determine the vehicle's driving range
in miles by multiplying the combined fuel economy described in
paragraph (a) of this section by the vehicle's usable fuel storage
capacity (expressed in gasoline gallon equivalents), rounded to the
nearest whole number.
(4) For plug-in hybrid electric vehicles, determine the battery
driving range and overall driving range as described in SAE J1711
(incorporated by reference in Sec. 600.011), as described in Sec.
600.116, as follows:
(i) Determine the vehicle's Actual Charge-Depleting Range,
Rcda. Determine separate range values for FTP-based city and
HFET-based highway driving, then calculate a combined value by
arithmetically averaging the two values, weighted 0.55 and 0.45
respectively, and rounding to the nearest whole number. Precondition
the vehicle as needed to minimize engine operation for consuming stored
fuel vapors in evaporative canisters; for example, you may purge the
evaporative canister or time a refueling event to avoid engine starting
related to purging the canister. For vehicles that use combined power
from the battery and the engine before the battery is fully discharged,
also use this procedure to establish an all electric range by
determining the distance the vehicle drives before the engine starts,
rounded to the nearest mile. You may represent this as a range of
values. We may approve adjustments to these procedures if they are
necessary to properly characterize a vehicle's all electric range.
(ii) Use good engineering judgment to calculate the vehicle's
operating distance before the fuel tank is empty when starting with a
full fuel tank and a fully charged battery, consistent with the
procedure and calculation specified in this paragraph (j), rounded to
the nearest 10 miles.
(5) For hydrogen fuel cell vehicles, determine the vehicle's
driving range in miles by multiplying the combined fuel economy
described in paragraph (a) of this section by the vehicle's usable fuel
storage capacity (expressed in kilograms of hydrogen), rounded to the
nearest whole number.
(k) Charge time. For electric vehicles, determine the time it takes
to fully charge the battery from a 240 volt power source to the point
that the battery meets the manufacturer's end-of-charge criteria,
consistent with the procedures specified in SAE J1634 (incorporated by
reference in Sec. 600.011) for electric vehicles and in SAE J1711
(incorporated by reference in Sec. 600.011) for plug-in hybrid
electric vehicles, as described in Sec. 600.116. This value may be
more or less than the 12-hour minimum charging time specified for
testing. You must alternatively specify the charge time based on a
standard 120 volt power source if the vehicle cannot be charged at the
higher voltage.
(l) California-specific values. If the Administrator determines
that automobiles intended for sale in California are likely to exhibit
significant differences in fuel economy or other label values from
those intended for sale in other states, the Administrator will compute
separate values for each class of automobiles for California and for
the other states.
0
61. Section 600.314-08 is revised to read as follows:
Sec. 600.314-08 Updating label values, annual fuel cost, Gas Guzzler
Tax, and range of fuel economy for comparable automobiles.
(a) The label values established in Sec. 600.312 shall remain in
effect for the model year unless updated in accordance with paragraph
(b) of this section.
(b)(1) The manufacturer shall recalculate the model type fuel
economy values for any model type containing
[[Page 39566]]
base levels affected by running changes specified in Sec. 600.507.
(2) For separate model types created in Sec. 600.209-08(a)(2) or
Sec. 600.209-12(a)(2), the manufacturer shall recalculate the model
type values for any additions or deletions of subconfigurations to the
model type. Minimum data requirements specified in Sec. 600.010(c)
shall be met prior to recalculation.
(3) Label value recalculations shall be performed as follows:
(i) The manufacturer shall use updated total model year projected
sales for label value recalculations.
(ii) All model year data approved by the Administrator at the time
of the recalculation for that model type shall be included in the
recalculation.
(iii) Using the additional data under this paragraph (b), the
manufacturer shall calculate new model type city and highway values in
accordance with Sec. 600.210 except that the values shall be rounded
to the nearest 0.1 mpg.
(iv) The existing label values, calculated in accordance with Sec.
600.210, shall be rounded to the nearest 0.1 mpg.
(4)(i) If the recalculated city or highway fuel economy value in
paragraph (b)(3)(iii) of this section is less than the respective city
or highway value in paragraph (b)(3)(iv) of this section by 1.0 mpg or
more, the manufacturer shall affix labels with the recalculated model
type values (rounded to the nearest whole mpg) to all new vehicles of
that model type beginning on the day of implementation of the running
change.
(ii) If the recalculated city or highway fuel economy value in
paragraph (b)(3)(iii) of this section is higher than the respective
city or highway value in paragraph (b)(3)(iv) of this section by 1.0
mpg or more, then the manufacturer has the option to use the
recalculated values for labeling the entire model type beginning on the
day of implementation of the running change.
(c) For fuel economy labels updated using recalculated fuel economy
values determined in accordance with paragraph (b) of this section, the
manufacturer shall concurrently update all other label information
(e.g., the annual fuel cost, range of comparable vehicles and the
applicability of the Gas Guzzler Tax as needed).
(d) The Administrator shall periodically update the range of fuel
economies of comparable automobiles based upon all label data supplied
to the Administrator.
(e) The manufacturer may request permission from the Administrator
to calculate and use label values based on test data from vehicles
which have not completed the Administrator-ordered confirmatory testing
required under the provisions of Sec. 600.008-08(b). If the
Administrator approves such a calculation the following procedures
shall be used to determine if relabeling is required after the
confirmatory testing is completed.
(1) The Administrator-ordered confirmatory testing shall be
completed as quickly as possible.
(2) Using the additional data under paragraph (e)(1) of this
section, the manufacturer shall calculate new model type city and
highway values in accordance with Sec. Sec. 600.207 and 600.210 except
that the values shall be rounded to the nearest 0.1 mpg.
(3) The existing label values, calculated in accordance with Sec.
600.210, shall be rounded to the nearest 0.1 mpg.
(4) The manufacturer may need to revise fuel economy labels as
follows:
(i) If the recalculated city or highway fuel economy value in
paragraph (b)(3)(iii) of this section is less than the respective city
or highway value in paragraph (b)(3)(iv) of this section by 0.5 mpg or
more, the manufacturer shall affix labels with the recalculated model
type MPG values (rounded to the nearest whole number) to all new
vehicles of that model type beginning 15 days after the completion of
the confirmatory test.
(ii) If both the recalculated city or highway fuel economy value in
paragraph (b)(3)(iii) of this section is less than the respective city
or highway value in paragraph (b)(3)(iv) of this section by 0.1 mpg or
more and the recalculated gas guzzler tax rate determined under the
provisions of Sec. 600.513-08 is larger, the manufacturer shall affix
labels with the recalculated model type values and gas guzzler tax
statement and rates to all new vehicles of that model type beginning 15
days after the completion of the confirmatory test.
(5) For fuel economy labels updated using recalculated fuel economy
values determined in accordance with paragraph (e)(4) of this section,
the manufacturer shall concurrently update all other label information
(e.g., the annual fuel cost, range of comparable vehicles and the
applicability of the Gas Guzzler Tax if required by Department of
Treasury regulations).
0
62. Section 600.315-08 is amended by revising paragraphs (a)(2) and (c)
introductory text to read as follows:
Sec. 600.315-08 Classes of comparable automobiles.
(a) * * *
(2) The Administrator will classify light trucks (nonpassenger
automobiles) into the following classes: Small pickup trucks, standard
pickup trucks, vans, minivans, and SUVs. Starting in the 2013 model
year, SUVs will be divided between small sport utility vehicles and
standard sport utility vehicles. Pickup trucks and SUVs are separated
by car line on the basis of gross vehicle weight rating (GVWR). For a
product line with more than one GVWR, establish the characteristic GVWR
value for the product line by calculating the arithmetic average of all
distinct GVWR values less than or equal to 8,500 pounds available for
that product line. The Administrator may determine that specific light
trucks should be most appropriately placed in a different class or in
the special purpose vehicle class as provided in paragraphs (a)(3)(i)
and (ii) of this section, based on the features and characteristics of
the specific vehicle, consumer information provided by the
manufacturer, and other information available to consumers.
(i) Small pickup trucks. Pickup trucks with a GVWR below 6,000
pounds.
(ii) Standard pickup trucks. Pickup trucks with a GVWR at or above
6,000 pounds and at or below 8,500 pounds.
(iii) Vans.
(iv) Minivans.
(v) Small sport utility vehicles. Sport utility vehicles with a
GVWR below 6,000 pounds.
(vi) Standard sport utility vehicles. Sport utility vehicles with a
GVWR at or above 6,000 pounds and at or below 10,000 pounds.
* * * * *
(c) All interior and cargo dimensions are measured in inches to the
nearest 0.1 inch. All dimensions and volumes shall be determined from
the base vehicles of each body style in each car line, and do not
include optional equipment. The dimensions H61, W3, W5, L34, H63, W4,
W6, L51, H201, L205, L210, L211, H198, W201, and volume V1 are to be
determined in accordance with the procedures outlined in Motor Vehicle
Dimensions SAE 1100a (incorporated by reference in Sec. 600.011),
except as follows:
* * * * *
0
63. Newly redesignated Sec. 600.316-08 is revised to read as follows:
Sec. 600.316-08 Multistage manufacture.
Where more than one person is the manufacturer of a vehicle, the
final stage manufacturer (as defined in 49 CFR 529.3) is treated as the
vehicle manufacturer for purposes of compliance with this subpart.
[[Page 39567]]
Subpart E--Dealer Availability of Fuel Economy Information
0
64. The heading for subpart E is revised as set forth above.
Sec. Sec. 600.401-77, 600.402-77, 600.403-77, 600.404-77, 600.405-77,
600.406-77, 600.407-77 [Removed]
0
65. Subpart E is amended by removing the following sections:
Sec. 600.401-77.
Sec. 600.402-77.
Sec. 600.403-77.
Sec. 600.404-77.
Sec. 600.405-77.
Sec. 600.406-77.
Sec. 600.407-77.
Subpart F--Procedures for Determining Manufacturer's Average Fuel
Economy and Manufacturer's Average Carbon-related Exhaust Emissions
0
66. The heading for subpart F is revised as set forth above.
Sec. Sec. 600.501-12, 600.501-85, 600.501-86, 600.501-93, 600.503-78,
600.504-78, 600.505-78, 600.507-86, 600.510-86, 600.510-93, 600.512-01,
600.512-86, 600.513-81, 600.513-91 [Removed]
0
67. Subpart F is amended by removing the following sections:
Sec. 600.501-12.
Sec. 600.501-85.
Sec. 600.501-86.
Sec. 600.501-93.
Sec. 600.503-78.
Sec. 600.504-78.
Sec. 600.505-78.
Sec. 600.507-86.
Sec. 600.510-86.
Sec. 600.510-93.
Sec. 600.512-01.
Sec. 600.512-86.
Sec. 600.513-81.
Sec. 600.513-91.
Sec. 600.502-81 [Redesignated as Sec. 600.502]
0
68. Redesignate Sec. 600.502-81 as Sec. 600.502.
0
69. Newly redesignated Sec. 600.502 is revised to read as follows:
Sec. 600.502 Definitions.
The following definitions apply to this subpart in addition to
those in Sec. 600.002:
(a) The Declared value of imported components shall be:
(1) The value at which components are declared by the importer to
the U.S. Customs Service at the date of entry into the customs
territory of the United States; or
(2) With respect to imports into Canada, the declared value of such
components as if they were declared as imports into the United States
at the date of entry into Canada; or
(3) With respect to imports into Mexico, the declared value of such
components as if they were declared as imports into the United States
at the date of entry into Mexico.
(b) Cost of production of a car line shall mean the aggregate of
the products of:
(1) The average U.S. dealer wholesale price for such car line as
computed from each official dealer price list effective during the
course of a model year, and
(2) The number of automobiles within the car line produced during
the part of the model year that the price list was in effect.
(c) Equivalent petroleum-based fuel economy value means a number
representing the average number of miles traveled by an electric
vehicle per gallon of gasoline.
0
70. Section 600.507-12 is amended by revising paragraph (a)
introductory text and paragraph (c) to read as follows:
Sec. 600.507-12 Running change data requirements.
(a) Except as specified in paragraph (d) of this section, the
manufacturer shall submit additional running change fuel economy and
carbon-related exhaust emissions data as specified in paragraph (b) of
this section for any running change approved or implemented under Sec.
86.1842 of this chapter, which:
* * * * *
(c) The manufacturer shall submit the fuel economy data required by
this section to the Administrator in accordance with Sec. 600.314.
* * * * *
Sec. 600.509-86 [Redesignated as Sec. 600.509-08]
0
71. Redesignate Sec. 600.509-86 as Sec. 600.509-08.
0
72. Section 600.510-08 is amended by revising paragraph (g)(1)(ii) to
read as follows:
Sec. 600.510-08 Calculation of average fuel economy.
* * * * *
(g) * * *
(1) * * *
(ii)(A) The net heating value for alcohol fuels shall be
premeasured using a test method which has been approved in advance by
the Administrator.
(B) The density for alcohol fuels shall be determined per ASTM D
1298 (incorporated by reference at Sec. 600.011).
* * * * *
73. Section 600.510-12 is amended by revising paragraphs (b)(2)
introductory text, (b)(3) introductory text, (c)(2)(iv)(B), (g)(1), (i)
introductory text (and equation), and (j)(2) to read as follows:
Sec. 600.510-12 Calculation of average fuel economy and average
carbon-related exhaust emissions.
* * * * *
(b) * * *
(2) The combined city/highway fuel economy and carbon-related
exhaust emission values will be calculated for each model type in
accordance with Sec. 600.208 except that:
* * * * *
(3) The fuel economy and carbon-related exhaust emission values for
each vehicle configuration are the combined fuel economy and carbon-
related exhaust emissions calculated according to Sec. 600.206-
12(a)(3) except that:
* * * * *
(c) * * *
(2) * * *
(iv) * * *
(B) The combined model type fuel economy value for operation on
alcohol fuel as determined in Sec. 600.208-12(b)(5)(ii) divided by
0.15 provided the requirements of paragraph (g) of this section are
met; or
* * * * *
(g)(1) Alcohol dual fuel automobiles and natural gas dual fuel
automobiles must provide equal or greater energy efficiency while
operating on alcohol or natural gas as while operating on gasoline or
diesel fuel to obtain the CAFE credit determined in paragraphs
(c)(2)(iv) and (v) of this section or to obtain the carbon-related
exhaust emissions credit determined in paragraphs (j)(2)(ii) and (iii)
of this section. The following equation must hold true:
Ealt/Epet = 1
Where:
Ealt= [FEalt/(NHValtx
Dalt)] x 10\6\ = energy efficiency while operating on
alternative fuel rounded to the nearest 0.01 miles/million BTU.
Epet= [FEpet/(NHVpetx
Dpet)] x 10\6\ = 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. 600.113-12(a) and
(b).
FEpet is the fuel economy [miles/gallon] while operated
on petroleum fuel (gasoline or diesel) as determined in Sec.
600.113-12(a) and (b).
NHValt is the net (lower) heating value [BTU/lb] of the
alternative fuel.
NHVpet is the net (lower) heating value [BTU/lb] of the
petroleum fuel.
[[Page 39568]]
Dalt is the density [lb/gallon for liquid fuels or lb/100
standard cubic feet for gaseous fuels] of the alternative fuel.
Dpet is the density [lb/gallon] of the petroleum
fuel.
(i) The equation must hold true for both the FTP city and HFET
highway fuel economy values for each test of each test vehicle.
(ii)(A) The net heating value for alcohol fuels shall be
premeasured using a test method which has been approved in advance by
the Administrator.
(B) The density for alcohol fuels shall be premeasured using ASTM D
1298 (incorporated by reference at Sec. 600.011).
(iii) The net heating value and density of gasoline are to be
determined by the manufacturer in accordance with Sec. 600.113.
* * * * *
(i) For model years 2012 through 2015, and for each category of
automobile identified in paragraph (a)(1) of this section, the maximum
decrease in average carbon-related exhaust emissions determined in
paragraph (j) of this section attributable to alcohol dual fuel
automobiles and natural gas dual fuel automobiles shall be calculated
using the following formula, and rounded to the nearest tenth of a gram
per mile:
[GRAPHIC] [TIFF OMITTED] TR06JY11.044
Where:
FltAvg = The fleet average CREE value in grams per mile, rounded to
the nearest whole number, for passenger automobiles or light trucks
determined for the applicable model year according to paragraph (j)
of this section, except by assuming all alcohol dual fuel and
natural gas dual fuel automobiles are operated exclusively on
gasoline (or diesel) fuel.
MPGMAX = The maximum increase in miles per gallon
determined for the appropriate model year in paragraph (h) of this
section.
* * * * *
(j) * * *
(2) A sum of terms, each of which corresponds to a model type
within that category of automobiles and is a product determined by
multiplying the number of automobiles of that model type produced by
the manufacturer in the model year by:
(i) For gasoline-fueled and diesel-fueled model types, the carbon-
related exhaust emissions value calculated for that model type in
accordance with paragraph (b)(2) of this section; or
(ii)(A) For alcohol-fueled model types, for model years 2012
through 2015, the carbon-related exhaust emissions value calculated for
that model type in accordance with paragraph (b)(2) of this section
multiplied by 0.15 and rounded to the nearest gram per mile, except
that manufacturers complying with the fleet averaging option for
N2O and CH4 as allowed under Sec. 86.1818 of
this chapter must perform this calculation such that N2O and
CH4 values are not multiplied by 0.15; or
(B) For alcohol-fueled model types, for model years 2016 and later,
the carbon-related exhaust emissions value calculated for that model
type in accordance with paragraph (b)(2) of this section; or
(iii)(A) For natural gas-fueled model types, for model years 2012
through 2015, the carbon-related exhaust emissions value calculated for
that model type in accordance with paragraph (b)(2) of this section
multiplied by 0.15 and rounded to the nearest gram per mile, except
that manufacturers complying with the fleet averaging option for
N2O and CH4 as allowed under Sec. 86.1818 of
this chapter must perform this calculation such that N2O and
CH4 values are not multiplied by 0.15; or
(B) For natural gas-fueled model types, for model years 2016 and
later, the carbon-related exhaust emissions value calculated for that
model type in accordance with paragraph (b)(2) of this section; or
(iv) For alcohol dual fuel model types, for model years 2012
through 2015, the arithmetic average of the following two terms, the
result rounded to the nearest gram per mile:
(A) The combined model type carbon-related exhaust emissions value
for operation on gasoline or diesel fuel as determined in Sec.
600.208-12(b)(5)(i); and
(B) The combined model type carbon-related exhaust emissions value
for operation on alcohol fuel as determined in Sec. 600.208-
12(b)(5)(ii) multiplied by 0.15 provided the requirements of paragraph
(g) of this section are met, except that manufacturers complying with
the fleet averaging option for N2O and CH4 as
allowed under Sec. 86.1818 of this chapter must perform this
calculation such that N2O and CH4 values are not
multiplied by 0.15; or
(v) For natural gas dual fuel model types, for model years 2012
through 2015, the arithmetic average of the following two terms; the
result rounded to the nearest gram per mile:
(A) The combined model type carbon-related exhaust emissions value
for operation on gasoline or diesel as determined in Sec. 600.208-
12(b)(5)(i); and
(B) The combined model type carbon-related exhaust emissions value
for operation on natural gas as determined in Sec. 600.208-
12(b)(5)(ii) multiplied by 0.15 provided the requirements of paragraph
(g) of this section are met, except that manufacturers complying with
the fleet averaging option for N2O and CH4 as
allowed under Sec. 86.1818 of this chapter must perform this
calculation such that N2O and CH4 values are not
multiplied by 0.15.
(vi) For alcohol dual fuel model types, for model years 2016 and
later, the combined model type carbon-related exhaust emissions value
determined according to the following formula and rounded to the
nearest gram per mile:
CREE = (F x CREEalt) + ((1 - F) x CREEgas)
Where:
F = 0.00 unless otherwise approved by the Administrator according to
the provisions of paragraph (k) of this section;
CREEalt = The combined model type carbon-related exhaust
emissions value for operation on alcohol fuel as determined in Sec.
600.208-12(b)(5)(ii); and
CREEgas = The combined model type carbon-related exhaust
emissions value for operation on gasoline or diesel fuel as
determined in Sec. 600.208-12(b)(5)(i).
(vii) For natural gas dual fuel model types, for model years 2016
and later, the combined model type carbon-related exhaust emissions
value determined according to the following formula and rounded to the
nearest gram per mile:
CREE = (F x CREEalt) + ((1 - F) x CREEgas)
Where:
F = 0.00 unless otherwise approved by the Administrator
according to the provisions of paragraph (k) of this section;
[[Page 39569]]
CREEalt = The combined model type carbon-related exhaust
emissions value for operation on natural gas as determined in Sec.
600.208-12(b)(5)(ii); and
CREEgas = The combined model type carbon-related exhaust
emissions value for operation on gasoline or diesel fuel as
determined in Sec. 600.208-12(b)(5)(i).
* * * * *
Sec. 600.511-80 [Redesignated as Sec. 600.511-08]
0
74. Redesignate Sec. 600.511-80 as Sec. 600.511-08.
0
75. Section 600.512-12 is amended by revising paragraph (c) to read as
follows:
Sec. 600.512-12 Model year report.
* * * * *
(c) The model year report must include the following information:
(1)(i) All fuel economy data used in the FTP/HFET-based model type
calculations under Sec. 600.208, and subsequently required by the
Administrator in accordance with Sec. 600.507;
(ii) All carbon-related exhaust emission data used in the FTP/HFET-
based model type calculations under Sec. 600.208, and subsequently
required by the Administrator in accordance with Sec. 600.507;
(2) (i) All fuel economy data for certification vehicles and for
vehicles tested for running changes approved under Sec. 86.1842 of
this chapter;
(ii) All carbon-related exhaust emission data for certification
vehicles and for vehicles tested for running changes approved under
Sec. 86.1842 of this chapter;
(3) Any additional fuel economy and carbon-related exhaust emission
data submitted by the manufacturer under Sec. 600.509;
(4)(i) A fuel economy value for each model type of the
manufacturer's product line calculated according to Sec. 600.510-
12(b)(2);
(ii) A carbon-related exhaust emission value for each model type of
the manufacturer's product line calculated according to Sec. 600.510-
12(b)(2);
(5)(i) The manufacturer's average fuel economy value calculated
according to Sec. 600.510-12(c);
(ii) The manufacturer's average carbon-related exhaust emission
value calculated according to Sec. 600.510-12(j);
(6) A listing of both domestically and nondomestically produced car
lines as determined in Sec. 600.511 and the cost information upon
which the determination was made; and
(7) The authenticity and accuracy of production data must be
attested to by the corporation, and shall bear the signature of an
officer (a corporate executive of at least the rank of vice-president)
designated by the corporation. Such attestation shall constitute a
representation by the manufacturer that the manufacturer has
established reasonable, prudent procedures to ascertain and provide
production data that are accurate and authentic in all material
respects and that these procedures have been followed by employees of
the manufacturer involved in the reporting process. The signature of
the designated officer shall constitute a representation by the
required attestation.
(8) [Reserved]
(9) The ``required fuel economy level'' pursuant to 49 CFR parts
531 or 533, as applicable. Model year reports shall include information
in sufficient detail to verify the accuracy of the calculated required
fuel economy level, including but is not limited to, production
information for each unique footprint within each model type contained
in the model year report and the formula used to calculate the required
fuel economy level. Model year reports shall include a statement that
the method of measuring vehicle track width, measuring vehicle
wheelbase and calculating vehicle footprint is accurate and complies
with applicable Department of Transportation requirements.
(10) The ``required fuel economy level'' pursuant to 49 CFR parts
531 or 533 as applicable, and the applicable fleet average
CO2 emission standards. Model year reports shall include
information in sufficient detail to verify the accuracy of the
calculated required fuel economy level and fleet average CO2
emission standards, including but is not limited to, production
information for each unique footprint within each model type contained
in the model year report and the formula used to calculate the required
fuel economy level and fleet average CO2 emission standards.
Model year reports shall include a statement that the method of
measuring vehicle track width, measuring vehicle wheelbase and
calculating vehicle footprint is accurate and complies with applicable
Department of Transportation and EPA requirements.
(11) A detailed (but easy to understand) list of vehicle models and
the applicable in-use CREE emission standard. The list of models shall
include the applicable carline/subconfiguration parameters (including
carline, equivalent test weight, road-load horsepower, axle ratio,
engine code, transmission class, transmission configuration and basic
engine); the test parameters (ETW and a, b, c, dynamometer
coefficients) and the associated CREE emission standard. The
manufacturer shall provide the method of identifying EPA engine code
for applicable in-use vehicles.
0
76. Sec. 600.513-08 is revised to read as follows:
Sec. 600.513-08 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) The provisions of this section do not apply to passenger
automobiles exempted for Gas Guzzler Tax assessments by applicable
Federal law and regulations. However, the manufacturer of an exempted
passenger automobile may, in its discretion, label such vehicles in
accordance with the provisions of this section.
(2) For 1991 and later model year passenger automobiles, the
combined FTP/HFET-based model type fuel economy value determined in
Sec. 600.208 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. 600.208, rounded to the nearest 0.0001 mpg.
ag = Model type highway fuel economy, calculated in
accordance with Sec. 600.208, rounded to the nearest 0.0001 mpg
divided by the model type city fuel economy calculated in accordance
with Sec. 600.208, 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
SF3IWCGFE3IWCG) - (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.
[[Page 39570]]
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
rounded to the nearest 0.001 mpg.
(b)(1) For passenger automobiles sold after December 31, 1990, with
a combined FTP/HFET-based model type fuel economy value of less than
22.5 mpg (as determined in Sec. 600.208), calculated in accordance
with paragraph (a)(2) of this section and rounded to the nearest 0.1
mpg, each vehicle fuel economy label shall include a Gas Guzzler Tax
statement pursuant to 49 U.S.C. 32908(b)(1)(E). The tax amount stated
shall be as specified in paragraph (b)(2) of this section.
(2) For passenger automobiles with a combined general label model
type fuel economy value of:
------------------------------------------------------------------------
the Gas Guzzler Tax
At least * * * but less statement shall show a
than * * * tax of * * *
------------------------------------------------------------------------
(i) 22.5........................ ............ $0
(ii) 21.5....................... 22.5 $1,000
(iii) 20.5...................... 21.5 $1,300
(iv) 19.5....................... 20.5 $1,700
(v) 18.5........................ 19.5 $2,100
(vi) 17.5....................... 18.5 $2,600
(vii) 16.5...................... 17.5 $3,000
(viii) 15.5..................... 16.5 $3,700
(ix) 14.5....................... 15.5 $4,500
(x) 13.5........................ 14.5 $5,400
(xi) 12.5....................... 13.5 $6,400
(xii) --........................ 12.5 $7,700
------------------------------------------------------------------------
0
77. The heading for Appendix I to Part 600 is revised to read as
follows:
Appendix I to Part 600--Highway Fuel Economy Driving Schedule
* * * * *
0
78. Appendix II to Part 600 is amended by revising paragraph (b)(4) to
read as follows:
Appendix II to Part 600--Sample Fuel Economy Calculations
* * * * *
(b) * * *
(4) Assume that the same vehicle was tested by the Federal
Highway Fuel Economy Test Procedure and a calculation similar to
that shown in (b)(3) of this section resulted in a highway fuel
economy of MPGh of 36.9. According to the procedure in
Sec. 600.210-08(c) or Sec. 600.210-12(c), the combined fuel
economy (called MPGcomb) for the vehicle may be
calculated by substituting the city and highway fuel economy values
into the following equation:
[GRAPHIC] [TIFF OMITTED] TR06JY11.045
0
79. The heading for Appendix IV to Part 600 is revised to read as
follows:
Appendix IV to Part 600--Sample Fuel Economy Labels for 2008 Through
2012 Model Year Vehicles
0
80. The heading for Appendix V to Part 600 is revised to read as
follows:
Appendix V to Part 600--Fuel Economy Label Style Guidelines for 2008
Through 2012 Model Year Vehicles
0
81. Appendix VI to Part 600 is added to read as follows:
Appendix VI to Part 600--Sample Fuel Economy Labels and Style
Guidelines for 2013 and Later Model Years
This appendix illustrates label content and format for 2013 and
later model years. Manufacturers must make a good faith effort to
conform to these templates and follow these formatting
specifications. EPA will make available electronic files for
creating labels.
A. Gasoline-Fueled Vehicles, Including Hybrid Gasoline-Electric
Vehicles With No Plug-In Capabilities
[[Page 39571]]
[GRAPHIC] [TIFF OMITTED] TR06JY11.046
B. Gasoline-Fueled Vehicles, Including Hybrid Gasoline-Electric
Vehicles with No Plug-In Capabilities, with Gas Guzzler Tax
[GRAPHIC] [TIFF OMITTED] TR06JY11.047
C. Diesel-Fueled Vehicles, Including Hybrid Diesel-Electric Vehicles
with No Plug-In Capabilities
[[Page 39572]]
[GRAPHIC] [TIFF OMITTED] TR06JY11.048
D. Dual Fuel Vehicle Label (Ethanol/Gasoline)
[GRAPHIC] [TIFF OMITTED] TR06JY11.049
E. Dual Fuel Vehicle Label (Ethanol/Gasoline) with Optional Display of
Driving Range Values
[[Page 39573]]
[GRAPHIC] [TIFF OMITTED] TR06JY11.050
F. Hydrogen Fuel Cell Vehicle Label
[GRAPHIC] [TIFF OMITTED] TR06JY11.051
G. Natural Gas Vehicle Label
[[Page 39574]]
[GRAPHIC] [TIFF OMITTED] TR06JY11.052
H. Plug-in Hybrid Electric Vehicle Label, Series PHEV
[GRAPHIC] [TIFF OMITTED] TR06JY11.053
I. Plug-in Hybrid Electric Vehicle Label, Blended PHEV
[[Page 39575]]
[GRAPHIC] [TIFF OMITTED] TR06JY11.054
J. Electric Vehicle Label
[GRAPHIC] [TIFF OMITTED] TR06JY11.055
K. Style Guidelines
(a) Fuel economy labels must be printed on white or very light
paper. Any label markings for which colors are not specified must be
in black and white as shown. Some portions of the label must be
filled with a blue or blue-shaded color as specified in subpart D of
this part. Use the color blue defined in CMYK values of 40c-10m-0y-
0k, or it may be specified as Pantone 283.
(b) Use a Univers font from Adobe or another source that
properly reproduces the labels as shown in the samples. Use Light
(L), Roman (R), Bold (B) or Black (Bl) font weights as noted. Font
size is shown in points, followed by leading specifications in
points to indicate line spacing (if applicable). Use white
characters in black fields; use black characters in all other
places. Unless noted otherwise, text is left-justified with a 1.6
millimeter margin. Some type may need tracking adjustments to fit in
the designated space.
[[Page 39576]]
(c) Use the following conventions for lines and borders:
(1) Narrow lines defining the border or separating the main
fields are 1.6 millimeter thick.
(2) Each rectangular shape or area, including the overall label
outline, has an upper left corner that is square (0 radius). All
other corners have a 3.2 millimeter radius.
(d) Fuel and vehicle icons, range and slider bars, and agency
names and logos are available electronically.
(e) The following figures illustrate the formatting
specifications:
BILLING CODE 6560-50-P
[GRAPHIC] [TIFF OMITTED] TR06JY11.056
[[Page 39577]]
[GRAPHIC] [TIFF OMITTED] TR06JY11.057
BILLING CODE 6560-50-C
Appendix VIII to Part 600--[Removed]
0
82. Appendix VIII to Part 600 is removed.
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
49 CFR Chapter V
In consideration of the foregoing, under the authority of 15 U.S.C.
1232 and 49 U.S.C. 32908 and delegation of authority at 49 CFR 1.50,
NHTSA amends 49 CFR Chapter V as follows:
PART 575--CONSUMER INFORMATION
0
1. The authority citation for part 575 is revised to read as follows:
Authority: 49 U.S.C. 32302, 32304A, 30111, 30115, 30117, 30166,
32908, and 20168, Pub. L. 104-414, 114 Stat. 1800, Pub. L. 109-59,
119 Stat. 1144, 15 U.S.C. 1232(g), Pub. L. 110-140, 121 Stat. 1492;
delegation of authority at 49 CFR 1.50.
0
2. In part 575, Subpart E, consisting of Sec. 575.401, is added to
read as follows:
Subpart E--Energy Independence and Security Act; Consumer
Information
Sec. 575.401 Vehicle labeling of fuel economy, greenhouse gas, and
other pollutant emissions information.
(a) Purpose and scope. The purpose of this section is to aid
potential purchasers in the selection of new passenger cars and light
trucks by providing them with information about vehicles' performance
in terms of fuel economy, greenhouse gas (GHG), and other air pollutant
emissions. Manufacturers of passenger cars and light trucks are
required to include this information on the label described in this
section. Although this information will also be available through means
such as postings at http://www.fueleconomy.gov, the additional label
information is intended to provide consumers with this information at
the point of sale, and to help them compare between vehicles.
(b) Application. This section applies to passenger cars and light
trucks manufactured in model year 2013 and later. Manufacturers may
optionally comply with this section during model year 2012.
(c) Definitions.
(1) Data element means a piece of information required or permitted
to be included on the fuel economy and environment label.
(2) Fuel economy and environment label means the label with
information about automobile performance in terms of fuel economy,
greenhouse gases, and other emissions and with rating systems for fuel
economy, greenhouse gases, and other emissions that also indicate the
automobile(s) with the highest fuel economy and lowest greenhouse gas
emissions, as specified at 49 U.S.C. 32908(g).
(3) Miles per gasoline gallon equivalent (MPGe) is a measure of
distance traveled per unit of energy consumed, and functions as a
recognizable equivalent to, e.g., kilowatt-hours per mile (kW-hr/mile).
[[Page 39578]]
(4) Monroney label means the label placed on new automobiles with
the manufacturer's suggested retail price and other consumer
information, as specified at 15 U.S.C. 1231-1233 (also known as the
``Automobile Information Disclosure Act label'').
(5) Other air pollutants or other emissions means those tailpipe
emissions, other than carbon dioxide (CO2), for which
manufacturers must provide EPA with emissions rates for all new light
duty vehicles each model year under EPA's Tier 2 light duty vehicle
emissions standards requirements (40 CFR Part 86, Subpart S) or the
parallel requirements for those vehicles certified instead to the
California emissions standards. These air pollutants include non-
methane organic gases (NMOG), nitrogen oxides (NOX),
particulate matter (PM), carbon monoxide (CO), and formaldehyde (HCHO).
(6) Slider bar means a horizontal rating scale with a minimum value
at one end and a maximum value at the other end that can accommodate a
designation of a specific value between those values with a box or
arrow. The actual rating value would be printed (displayed) at the
proper position on the scale representing the vehicle's actual rating
value relative to the two end values.
(d) Required label. Prior to being offered for sale, each
manufacturer must affix or cause to be affixed and each dealer must
maintain or cause to be maintained on each passenger car or light truck
a label that meets the requirements specified in this section, and
conforms in content, format, and sequence to the sample labels depicted
in the appendix to this section. The manufacturer must have the fuel
economy label affixed in such a manner that appearance and legibility
are maintained until after the vehicle is delivered to the ultimate
consumer.
(e) Required label information and format--general provisions--(1)
Location. It is preferable that the fuel economy and environment label
information be incorporated into the Monroney label, provided that the
prominence and legibility of the fuel economy and environment label is
maintained. If the fuel economy and environment label is incorporated
into the Monroney label, it must be placed on a separate section in the
Monroney label and must not be intermixed with that label information,
except for vehicle descriptions as noted in 40 CFR 600.302-08(d)(1). If
the fuel economy and environment label is not incorporated into the
Monroney label, it must be located on a side window, and as close as
possible to the Monroney label. If the window is not large enough to
accommodate both the Monroney label and the fuel economy and
environment label, the latter must be located on another window as
close as physically possible to the Monroney label.
(2) Size and legibility. The fuel economy and environment label
must be readily visible from the exterior of the vehicle and presented
in a legible and prominent fashion. The label must be rectangular in
shape with a minimum height of 4.5 inches (114 mm) and a minimum length
of 7.0 inches (177 mm) as specified in the appendix to this section.
(3) Basic appearance. Fuel economy and environment labels must be
printed on white or very light paper with the color specified in this
section; any label markings for which a color is not specified here
must be in black and white. The label can be divided into three
separate fields outlined by a continuous border, as described in the
appendix to this section. Manufacturers must make a good faith effort
to conform to the formats illustrated in the appendix to this section.
Label templates are available for download at http://www.nhtsa.gov/fuel-economy/.
(4) Border. Create a continuous black border to outline the label
and separate the three information fields. Include the following
information in the upper and lower portions of the border:
(i) Upper border, label name. (A) In the left portion of the upper
border, the words ``EPA'' and ``DOT'' must be in boldface, capital
letters that are light in color and left-justified, with a horizontal
line in between them as shown in the appendix to this section.
(B) Immediately to the right of the agency names, the heading
``Fuel Economy and Environment'' must be in boldface letters that are
light in color.
(ii) Upper border, vehicle fuel type. In the right portion of the
upper border, identify the vehicle's fuel type in black font on a blue-
colored field as follows:
(A) For vehicles designed to operate on a single fuel, identify the
appropriate fuel. For example, identify the vehicle with the words
``Gasoline Vehicle,'' ``Diesel Vehicle,'' ``Compressed Natural Gas
Vehicle,'' ``Hydrogen Fuel Cell Vehicle,'' etc. This includes hybrid
electric vehicles that do not have plug-in capability. Include a logo
corresponding to the fuel to the left of this designation as follows:
(1) For gasoline, include a fuel pump logo.
(2) For diesel fuel, include a fuel pump logo with a ``D''
inscribed in the base of the fuel pump.
(3) For natural gas, include the established CNG logo.
(4) For hydrogen fuel cells, include the expression
``H2.''
(B) Identify dual-fueled (``flexible-fueled'') vehicles with the
words ``Flexible-Fuel Vehicle Gasoline-Ethanol (E85),'' ``Flexible-Fuel
Vehicle Diesel-Natural Gas,'' etc. Include a fuel pump logo or a
combination of logos to the left of this designation as appropriate.
For example, for vehicles that operate on gasoline or ethanol, include
a fuel pump logo and the designation ``E85,'' as shown in the appendix
to this section.
(C) Identify plug-in hybrid electric vehicles with the words
``Plug-In Hybrid Vehicle Electricity-Gasoline'' or ``Plug-In Hybrid
Vehicle Electricity-Diesel.'' Include a fuel pump logo to the lower
left of this designation and an electric plug logo to the upper left of
this designation.
(D) Identify electric vehicles with the words ``Electric Vehicle.''
Include an electric plug logo to the left of this designation.
(iii) Lower border, left side: (A) In the upper left portion of the
lower border, include the statement ``Actual results will vary for many
reasons, including driving conditions and how you drive and maintain
your vehicle. The average new vehicle gets a MPG and costs $b to fuel
over 5 years. Cost estimates are based on c miles per year at $d per
gallon. MPGe is miles per gasoline gallon equivalent. Vehicle emissions
are a significant cause of climate change and smog.'' For the value of
a, insert the average new vehicle combined MPG value for that model
year established by EPA. For the value of b, insert the estimated five
year fuel cost value established by EPA for the average new vehicle in
that model year. For the value of c, insert the annual mileage rate
established by EPA. For the value of d, insert the estimated cost per
gallon established by EPA for gasoline or diesel fuel, as appropriate.
See paragraphs (f) through (j) below for alternate statements that
apply for vehicles that use a fuel other than gasoline or diesel fuel.
(B) In the lower left portion of the lower border, include the Web
site reference, ``fueleconomy.gov,'' and include the following
statement: ``Calculate personalized estimates and compare vehicles''
beneath it.
(iv) Lower border, right side: Include a field in the right-most
portion of the lower border to allow for accessing interactive
information with mobile electronic devices as set forth in 40 CFR
600.302-12(b)(6).
(v) Lower border, center: Along the lower edge of the lower border,
to the
[[Page 39579]]
left of the field described in paragraph (e)(4)(iv) of this section,
include the logos for the Environmental Protection Agency, the
Department of Transportation, and the Department of Energy as shown in
the appendix to this section.
(5) Fuel economy performance and fuel cost values. To the left side
in the white field at the top of the label, include the following
elements for vehicles that run on gasoline or diesel fuel with no plug-
in capability:
(i) The heading ``Fuel Economy'' near the top left corner of the
field.
(ii) The vehicle's combined fuel economy determined as set forth in
40 CFR 600.210-12(c) in large font, with the words ``combined city/
hwy'' below the number in smaller font.
(iii) A fuel pump logo to the left of the combined fuel economy
value (for diesel fuel, include a fuel pump logo with a ``D'' inscribed
in the base of the fuel pump).
(iv) The units identifier and specific fuel economy values to the
right of the combined fuel economy value as follows:
(A) Include the word ``MPG'' to the upper right of the combined
fuel economy value.
(B) Include the value for the city and highway fuel economy
determined as set forth in 40 CFR 600.210-12(a) and (b) to the right of
the combined fuel economy value in smaller font, and below the word
``MPG.'' Include the expression ``city'' in smaller font below the city
fuel economy value, and the expression ``highway'' in smaller font
below the highway fuel economy value.
(v) Below the fuel economy performance values set forth in
paragraphs (e)(5)(ii) and (iv) of this section, include the value for
the fuel consumption rate required by EPA and determined as set forth
in 40 CFR 600.302-12(c)(1).
(vi) To the right of the word ``MPG'' described in paragraph
(e)(5)(iv)(A) of this section, include the information about the range
of fuel economy of comparable vehicles as required by EPA and set forth
in 40 CFR 600.302-12(c)(2) and below that information, include the
expression ``The best vehicle rates 99 MPGe.''
(6) Comparative five-year fuel costs/savings. To the right side in
the white field at the top of the label, include the information
required by EPA at 40 CFR 600.302-12(c)(3).
(7) Annual fuel cost value. In the field in the lower left portion
of the label, include the information on annual fuel cost as required
by EPA and set forth in 40 CFR 600.302-12(d).
(8) Fuel economy and environment slider bar ratings. In the field
in the lower right portion of the label,
(i) Include the heading ``Fuel Economy & Greenhouse Gas Rating
(tailpipe only)'' in the top left corner of the field.
(ii) Include a slider bar in the left portion of the field as shown
in the appendix to this section to characterize the vehicle's fuel
economy and CO2 emission rating relative to the range of
fuel economy and CO2 emission rates for all vehicles.
Position a black box with a downward-pointing wedge above the slider
bar positioned to show where that vehicle's fuel economy and
CO2 emission rating falls relative to the total range.
Include the vehicle's fuel economy and CO2 emission rating
determined as set forth in 40 CFR 600.311-12(d) inside the box in white
text. If the fuel economy and CO2 emission ratings are
different, the black box with a downward-pointing wedge above the
slider bar must contain the fuel economy rating, with a second upward-
pointing wedge below the slider bar containing the CO2
emission rating. Include the number ``1'' in white text in the black
border at the left end of the slider bar, and include the number ``10''
in white text in the black border at the right end of the slider bar,
with the expression ``Best'' in black text under the slider bar
directly below the ``10.'' Add color to the slider bar such that it is
blue at the left end of the range, white at the right end of the range,
and shaded continuously across the range.
(iii) Include the heading ``Smog Rating (tailpipe only)'' in the
top right corner of the field.
(iv) Include a slider bar in the right portion of the field to
characterize the vehicle's level of emission control for other air
pollutants relative to that of all vehicles. Position a black box with
a downward-pointing wedge above the slider bar positioned to show where
that vehicle's emission rating falls relative to the total range.
Include the vehicle's emission rating determined as set forth in 40 CFR
600.311-12(g) inside the box in white text. Include the number ``1'' in
white text in the black border at the left end of the slider bar, and
include the number ``10'' in white text in the black border at the
right end of the slider bar, with the expression ``Best'' in black text
under the slider bar directly below the ``10.'' Add color to the slider
bar such that it is blue at the left end of the range, white at the
right end of the range, and shaded continuously across the range.
(v) Below the slider bars described in paragraphs (e)(8)(ii) and
(e)(8)(iv) to this section, include the statement, ``This vehicle emits
e grams CO2 per mile. The best emits 0 grams per mile
(tailpipe only). Producing and distributing fuel also creates
emissions; learn more at fueleconomy.gov.'' For the value of e, insert
the vehicle's specific tailpipe CO2 emission rating
determined as set forth in 40 CFR 600.210-12(d).
(9) Rounding. Round all numerical values identified in this section
to the nearest whole number unless otherwise specified.
(10) Other label information required by EPA. Manufacturers must
include any additional labeling information required by EPA at 40 CFR
600.302-12 on the fuel economy and environment label.
(f) Required label information and format--flexible-fuel vehicles.
(1) Fuel economy and environment labels for flexible-fuel vehicles must
meet the specifications described in paragraph (e) of this section,
with the exceptions and additional specifications described in this
paragraph (f). This section describes how to label vehicles with
gasoline engines. If the vehicle has a diesel engine, all the
references to ``gas'' or ``gasoline'' in this section are understood to
refer to ``diesel'' or ``diesel fuel,'' respectively.
(2) For qualifying vehicles, include the following additional
expression in the statement identified in paragraph (e)(iv)(3)(A) of
this section as shown in the appendix to this section: ``This is a dual
fueled automobile.''
(3) Include the following elements instead of the information
identified in paragraph (e)(5) of this section:
(i) The heading ``Fuel Economy'' near the top left corner of the
field.
(ii) The vehicle's combined fuel economy as set forth in 40 CFR
600.210-12(c) in large font, with the words ``combined city/hwy'' below
the number in smaller font.
(iii) A fuel pump logo and other logos as specified in paragraph
(e)(4)(ii)(A) of this section to the left of the combined fuel economy
value.
(iv) The units identifier and specific fuel economy values to the
right of the combined fuel economy value as follows:
(A) Include the word ``MPG'' to the upper right of the combined
fuel economy value.
(B) Include the value for the city and highway fuel economy
determined as set forth in 40 CFR 600.210-12(a) and (b) to the right of
the combined fuel economy value in smaller font, and below the word
``MPG.'' Include the expression ``city'' in smaller font below the city
fuel economy value, and the expression ``highway'' in smaller font
below the highway fuel economy value.
[[Page 39580]]
(v) Below the fuel economy performance value set forth in paragraph
(f)(iii)(2) of this section, include the value for the fuel consumption
rate required by EPA and determined as set forth in 40 CFR 600.302-
12(c)(1).
(vi) To the right of the word ``MPG'' described in paragraph
(e)(5)(iv)(A) of this section, include the information about the range
of fuel economy of comparable vehicles as required by EPA and set forth
in 40 CFR 600.302-12(c)(2), and below that information, include the
expression ``The best vehicle rates 99 MPGe. Values are based on
gasoline and do not reflect performance and ratings based on E85.''
Adjust this statement as appropriate for vehicles designed to operate
on different fuels.
(vii) Below the combined fuel economy value, the manufacturer may
include information on the vehicle's driving range as shown in the
appendix to this section, with the sub-heading ``Driving Range,'' and
with range bars below this sub-heading as required by EPA and set forth
in 40 CFR 600.303-12(b)(6).
(g) Required label information and format--special requirements for
hydrogen fuel cell vehicles. (1) Fuel economy and environment labels
for hydrogen fuel cell vehicles must meet the specifications set forth
in paragraph (e) of this section, with the exceptions and additional
specifications described in this paragraph (g).
(2) Include the following statement in the upper left portion of
the lower border instead of the statement specified in paragraph
(e)(4)(iii)(A) of this section: ``Actual results will vary for many
reasons, including driving conditions and how you drive and maintain
your vehicle. The average new vehicle gets a MPG and costs $b to fuel
over 5 years. Cost estimates are based on c miles per year at $d per
kilogram of hydrogen. MPGe is miles per gasoline gallon equivalent.
Vehicle emissions are a significant cause of climate change and smog.''
For the value of a, insert the average new vehicle combined MPG value
for that model year established by EPA. For the value of b, insert the
estimated five year fuel cost value established by EPA for the average
new vehicle in that model year. For the value of c, insert the annual
mileage rate established by EPA. For the value of d, insert the
estimated cost per kilogram established by EPA for hydrogen.
(3) Include the following elements instead of the information
identified above in paragraph (e)(5) of this section:
(i) The heading ``Fuel Economy'' near the top left corner of the
field.
(ii) The vehicle's combined fuel economy determined as set forth in
40 CFR 600.210-12(c) in large font, with the words ``combined city/
hwy'' below the number in smaller font.
(iii) The ``H2'' logo as specified in paragraph
(e)(4)(ii)(A) of this section to the left of the combined fuel economy
value.
(iv) The units identifier and specific fuel economy values to the
right of the combined fuel economy value as follows:
(A) Include the word ``MPGe'' to the upper right of the combined
fuel economy value.
(B) Include the value for the city and highway fuel economy
determined as set forth in 40 CFR 600.311-12(a) and (b) to the right of
the combined fuel economy value in smaller font, and below the word
``MPG.'' Include the expression ``city'' in smaller font below the city
fuel economy value, and the expression ``highway'' in smaller font
below the highway fuel economy value.
(v) To the right of the fuel economy performance values set forth
in paragraph (iv)(B) of this section, include the value for the fuel
consumption rate required by EPA and determined as set forth in 40 CFR
600.302-12(c)(1).
(vi) To the right of the word ``MPGe'' described in paragraph
(g)(3)(iv)(A) of this section, include the information about the range
of fuel economy of comparable vehicles as required by EPA and set forth
in 40 CFR 600.302-12(c)(2) and below that information, include the
expression ``The best vehicle rates 99 MPGe.''
(vii) Below the combined fuel economy value, include information on
the vehicle's driving range as shown in the appendix to this section,
as required by EPA and set forth in 40 CFR 600.304-12(b)(6)
(h) Required label information and format--special requirements for
compressed natural gas vehicles. (1) Fuel economy and environment
labels for compressed natural gas vehicles must meet the specifications
described in paragraph (e) of this section, with the exceptions and
additional specifications described in this paragraph (h).
(2) Include the following statement in the upper left portion of
the lower border instead of the statement specified in paragraph
(e)(4)(iii)(A) of this section: ``Actual results will vary for many
reasons, including driving conditions and how you drive and maintain
your vehicle. The average new vehicle gets a MPG and costs $b to fuel
over 5 years. Cost estimates are based on c miles per year at $d per
gasoline gallon equivalent. MPGe is miles per gasoline gallon
equivalent. Vehicle emissions are a significant cause of climate change
and smog.'' For the value of a, insert the average new vehicle combined
MPG value for that model year established by EPA. For the value of b,
insert the estimated five year fuel cost value established by EPA for
the average new vehicle in that model year. For the value of c, insert
the annual mileage rate established by EPA. For the value of d, insert
the estimated cost per gasoline gallon equivalent established by EPA
for natural gas.
(3) Include the following elements instead of the information
identified in paragraph (e)(5) of this section:
(i) The heading ``Fuel Economy'' near the top left corner of the
field.
(ii) The vehicle's combined fuel economy determined as set forth in
40 CFR 600.210-12(c) in large font, with the words ``combined city/
hwy'' below the number in smaller font.
(iii) The compressed natural gas logo as specified in paragraph
(e)(4)(ii)(A) of this section to the left of the combined fuel economy
value.
(iv) The units identifier and specific fuel economy values to the
right of the combined fuel economy value as follows:
(A) Include the word ``MPGe'' to the upper right of the combined
fuel economy value.
(B) Include the value for the city and highway fuel economy
determined as set forth in 40 CFR 600.311-12(a) and (b) to the right of
the combined fuel economy value in smaller font, and below the word
``MPGe.'' Include the expression ``city'' in smaller font below the
city fuel economy value, and the expression ``highway'' in smaller font
below the highway fuel economy value.
(v) To the right of the fuel economy performance values described
in paragraph (h)(3)(iv)(B) of this section, include the value for the
fuel consumption rate required by EPA and determined as set forth in 40
CFR 600.302-12(c)(1).
(vi) To the right of the word ``MPGe'' described in paragraph
(g)(3)(iv)(A) of this section, include the information about the range
of fuel economy of comparable vehicles as required by EPA and set forth
in 40 CFR 600.302-12(c)(2), and below that information, include the
expression ``The best vehicle rates 99 MPGe.''
(vii) Below the combined fuel economy value, include information on
the vehicle's driving range as shown in the appendix to this section,
as required by EPA and set forth in 40 CFR 600.306-12(b)(6).
(i) Required label information and format--special requirements for
plug-in hybrid electric vehicles. (1) Fuel
[[Page 39581]]
economy and environment labels for plug-in hybrid electric vehicles
must meet the specifications described in paragraph (e) of this
section, with the exceptions and additional specifications described in
this paragraph (i). This paragraph (i) describes how to label vehicles
equipped with gasoline engines. If a vehicle has a diesel engine, all
the references to ``gas'' or ``gasoline'' in this section are
understood to refer to ``diesel'' or ``diesel fuel,'' respectively.
(2) Include the following statement in the upper left portion of
the lower border instead of the statement specified in paragraph
(e)(4)(iii)(A) of this section: ``Actual results will vary for many
reasons, including driving conditions and how you drive and maintain
your vehicle. The average new vehicle gets a MPG and costs $b to fuel
over 5 years. Cost estimates are based on c miles per year at $d per
gallon and $e per kW-hr. This is a dual fueled automobile. MPGe is
miles per gasoline gallon equivalent. Vehicle emissions are a
significant cause of climate change and smog.'' For the value of a,
insert the average new vehicle combined MPG value for that model year
established by EPA. For the value of b, insert the estimated five year
fuel cost value established by EPA for the average new vehicle in that
model year. For the value of c, insert the annual mileage rate
established by EPA. For the value of d, insert the estimated cost per
gallon established by EPA for gasoline. For the value of e, insert the
estimated cost per kW-hr of electricity established by EPA.
(3) Include the following elements instead of the information
identified above in paragraph (e)(5):
(i) The heading ``Fuel Economy'' near the top left corner of the
field.
(ii) An outlined box below the heading with the following
information:
(A) The sub-heading ``Electricity'' if the vehicle's engine starts
only after the battery is fully discharged, or the sub-heading
``Electricity + Gasoline'' if the vehicle uses combined power from the
battery and the engine before the battery is fully discharged.
(B) The expression ``Charge Time: x hours (240 V),'' as required by
EPA and as set forth in 40 CFR 600.308-12(b)(2)(ii).
(C) The vehicle's combined fuel economy determined as set forth in
40 CFR 600.210-12(c) in large font, with the words ``combined city/
hwy'' below the number in smaller font.
(D) An electric plug logo as specified in paragraph (e)(4)(ii)(A)
of this section to the left of the combined fuel economy value. For
vehicles that use combined power from the battery and the engine before
the battery is fully discharged, also include the fuel pump logo as
shown in the appendix to this section.
(E) The units identifier and specific fuel economy values to the
right of the combined fuel economy value as follows:
(1) Include the word ``MPGe'' to the upper right of the combined
fuel economy value.
(2) If the vehicle's engine starts only after the battery is fully
discharged, identify the vehicle's electricity consumption rate as
required by EPA and determined as set forth in set forth in 40 CFR
600.308-12(b)(2)(v).
(3) If the vehicle uses combined power from the battery and the
engine before the battery is fully discharged, identify the vehicle's
gasoline and electricity consumption rates as required by EPA and
determined as set forth in 40 CFR 600.308-12(b)(2)(v).
(iii) A second outlined box to the right of the box described in
paragraph (i)(3)(ii) of this section with the following information:
(A) The sub-heading ``Gasoline Only.''
(B) The vehicle's combined fuel economy determined as set forth in
40 CFR 600.210-12(c) in large font, with the words ``combined city/
hwy'' below the number in smaller font.
(C) A fuel pump logo to the left of the combined fuel economy
value.
(D) The units identifier and consumption values to the right of the
combined fuel economy value as follows:
(1) Include the word ``MPGe'' to the upper right of the combined
fuel economy value.
(2) Identify the vehicle's gasoline consumption rate required by
EPA and determined as set forth in 40 CFR 600.308-12(b)(3).
(iv) Below the boxes specified in paragraphs (i)(3)(ii) and (iii)
of this section, include information on the vehicle's driving range as
shown in the appendix to this section, as required by EPA and as set
forth in 40 CFR 600.308-12(b)(4).
(v) To the right of the heading ``Fuel Economy'' described in
paragraph (i)(3)(i) of this section, include the information about the
range of fuel economy of comparable vehicles as required by EPA and set
forth in 40 CFR 600.302-12(c)(2) and to the right of that information,
include the expression ``The best vehicle rates 99 MPGe.''
(4) Include the following statement instead of the statement
identified in paragraph (e)(8)(v) of this section: ``This vehicle emits
f grams CO2 per mile. The best emits 0 grams per mile
(tailpipe only). Producing and distributing fuel & electricity also
creates emissions; learn more at fueleconomy.gov.'' For the value of f,
insert the vehicle's specific tailpipe CO2 emission rating
determined as set forth in 40 CFR 600.210-12(d).
(j) Required label information and format--special requirements for
electric vehicles. (1) Fuel economy and environment labels for electric
vehicles must meet the specifications described in paragraph (e) of
this section, with the exceptions and additional specifications
described in this section.
(2) Include the following statement in the upper left portion of
the lower border instead of the statement specified above in paragraph
(e)(4)(iii)(A) of this section: ``Actual results will vary for many
reasons, including driving conditions and how you drive and maintain
your vehicle. The average new vehicle gets a MPG and costs $b to fuel
over 5 years. Cost estimates are based on c miles per year at $e per
kW-hr. MPGe is miles per gasoline gallon equivalent. Vehicle emissions
are a significant cause of climate change and smog.'' For the value of
a, insert the average new vehicle combined MPG value for that model
year established by EPA. For the value of b, insert the estimated five
year fuel cost value established by EPA for the average new vehicle in
that model year. For the value of c, insert the annual mileage rate
established by EPA. For the value of e, insert the estimated cost per
kW-hr of electricity established by EPA.
(3) Include the following elements instead of the information
identified in paragraph (e)(5) of this section:
(i) The heading ``Fuel Economy'' near the top left corner of the
field.
(ii) The vehicle's combined fuel economy determined as set forth in
40 CFR 600.210-12(c) in large font, with the words ``combined city/
hwy'' below the number in smaller font.
(iii) The electric plug logo as specified in paragraph
(e)(4)(ii)(A) of this section to the left of the combined fuel economy
value.
(iv) The units identifier and specific fuel economy values to the
right of the combined fuel economy value as follows:
(A) Include the word ``MPGe'' to the upper right of the combined
fuel economy value.
(B) Include the value for the city and highway fuel economy
determined as set forth in 40 CFR 600.311-12(a) and (b) to the right of
the combined fuel economy value in smaller font, and below the word
``MPGe.'' Include the expression ``city'' in smaller font below the
city fuel economy value, and the expression ``highway'' in smaller font
below the highway fuel economy value.
(v) To the right of the fuel economy performance values described
in
[[Page 39582]]
paragraph (iv)(B) of this section, include the value for the fuel
consumption rate required by EPA and determined as set forth in 40 CFR
600.310-12(b)(5).
(vi) Below the combined fuel economy value, include information on
the vehicle's driving range as shown in the appendix to this section,
as required by EPA and as set forth in 40 CFR 600.310-12(b)(6).
(vii) Below the driving range information and left-justified,
include information on the vehicle's charge time, as required by EPA
and as set forth in 40 CFR 600.310-12(b)(7).
(4) Include the following statement instead of the statement
identified in paragraph (e)(8)(v) of this section: ``This vehicle emits
0 grams CO2 per mile. The best emits 0 grams per mile
(tailpipe only). Does not include emissions from generating
electricity; learn more at fueleconomy.gov.''
Appendix to Sec. 575.401
[GRAPHIC] [TIFF OMITTED] TR06JY11.058
[[Page 39583]]
[GRAPHIC] [TIFF OMITTED] TR06JY11.059
[GRAPHIC] [TIFF OMITTED] TR06JY11.060
[[Page 39584]]
[GRAPHIC] [TIFF OMITTED] TR06JY11.061
[GRAPHIC] [TIFF OMITTED] TR06JY11.062
[[Page 39585]]
[GRAPHIC] [TIFF OMITTED] TR06JY11.063
[GRAPHIC] [TIFF OMITTED] TR06JY11.064
[[Page 39586]]
[GRAPHIC] [TIFF OMITTED] TR06JY11.065
[GRAPHIC] [TIFF OMITTED] TR06JY11.066
[[Page 39587]]
[GRAPHIC] [TIFF OMITTED] TR06JY11.067
BILLING CODE 6560-50-C
Dated: May 25, 2011.
Ray LaHood,
Secretary, Department of Transportation.
Dated: May 25, 2011.
Lisa P. Jackson,
Administrator, Environmental Protection Agency.
[FR Doc. 2011-14291 Filed 7-5-11; 8:45 am]
BILLING CODE 6560-50-P