Rescission of the Greenhouse Gas Endangerment Finding and Motor Vehicle Greenhouse Gas Emission Standards Under the Clean Air Act

40 CFR Part 85

Confidential business information, Greenhouse gases, Imports, Labeling, Motor vehicle pollution, Reporting and recordkeeping requirements, Research warranties.

40 CFR Part 86

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

40 CFR Part 600

Environmental protection, Administrative practice and procedure, Electric power, Fuel economy, Greenhouse gases, Incorporation by reference, Labeling, Reporting and recordkeeping requirements.

40 CFR Part 1036

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

40 CFR Part 1037

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

40 CFR Part 1039

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

Lee Zeldin, Administrator.

For the reasons set out in the preamble, we are amending title 40, chapter I of the Code of Federal Regulations as set forth below.

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.

Sec. 85.525 [Amended]

0 2. Amend Sec. 85.525 by removing and reserving paragraph (b).

0 3. Amend Sec. 85.1515 by revising paragraph (d) to read as follows:

Sec. 85.1515 Emission standards and test procedures applicable to imported nonconforming motor vehicles and motor vehicle engines.

* * * * *

(d) An ICI may not certify using nonconformance penalties.

Sec. 85.1803 [Amended]

0 4. Amend Sec. 85.1803 by removing paragraph (e).

Sec. 85.1805 [Amended]

0 5. Amend Sec. 85.1805 by removing and reserving paragraph (b).

0 6. Amend Sec. 86.1902 by removing and reserving paragraph (b)(2) and revising paragraph (d). The revision reads as follows:

Sec. 85.1902 Definitions.

* * * * *

(d) Voluntary emissions recall means a repair, adjustment, or modification program voluntarily initiated and conducted by a manufacturer to remedy any emission-related defect for which direct notification of vehicle or engine owners has been provided. * * * * *

0 7. Amend Sec. 85.2103 by revising paragraph (d)(1)(v) and removing paragraph (d)(3). The revision reads as follows:

Sec. 85.2103 Emission warranty.

* * * * *

(d) * * *

(1) * * *

(v) Batteries serving as a Renewable Energy Storage System for electric vehicles and plug-in hybrid electric vehicles, along with all components needed to charge the system, store energy, and transmit power to move the

vehicle. This paragraph (d)(1)(v) is optional before model year 2027 for light-duty vehicles and light-duty trucks at or below 6,000 pounds GVWR. This paragraph (d)(1)(v) is optional for vehicles above 6,000 pounds GVWR until they are first certified to Tier 4 NMOG+NOX bin standards under 40 CFR 86.1811-27(b), not later than model year 2031. * * * * *

PART 86--CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY VEHICLES AND ENGINES

0 8. The authority citation for part 86 continues to read as follows:

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

Sec. 86.1 [Amended]

0 9. Amend Sec. 86.1 by removing and reserving paragraphs (c)(2) and (3) and (f)(3), (17), (21), and (22) and removing paragraph (h).

0 10. Amend Sec. 86.007-11 by revising paragraphs (g)(1) and (6) to read as follows:

Sec. 86.007-11 Emission standards and supplemental requirements for 2007 and later model year diesel heavy-duty engines and vehicles.

* * * * *

(g) * * *

(1) The engines must be of a configuration that is identical to one that is certified under 40 CFR part 1039, and must be certified with a Family Emission Limit for PM of 0.020 g/kW-hr using the same duty cycles that apply under 40 CFR part 1039. * * * * *

(6) Engines certified under this paragraph (g) may not generate or use emission credits under this part or under 40 CFR part 1039. * * * * *

0 11. Amend Sec. 86.008-10 by revising paragraph (g)(6) to read as follows:

Sec. 86.008-10 Emission standards for 2008 and later model year Otto- cycle heavy-duty engines and vehicles.

* * * * *

(g) * * *

(6) Engines certified under this paragraph (g) may not generate or use emission credits under this part. * * * * *

0 12. Amend Sec. 86.1801-12 by: 0 a. Removing and reserving paragraph (a)(2)(ii)(B); 0 b. Revising paragraphs (a)(3), (b), and (i); and 0 c. Removing paragraphs (j) and (k).

The revisions read as follows:

Sec. 86.1801-12 Applicability.

(a) * * *

(3) The provisions of this subpart do not apply to heavy-duty vehicles above 14,000 pounds GVWR (see Sec. 86.016-1 and 40 CFR parts 1036 and 1037), except as follows:

(i) Heavy-duty vehicles above 14,000 pounds GVWR and at or below 19,500 pounds GVWR may be optionally certified to the exhaust emission standards in this subpart if they are properly included in a test group with similar vehicles at or below 14,000 pounds GVWR. Emission standards apply to these vehicles as if they were Class 3 medium-duty vehicles.

(ii) [Reserved]

(iii) Evaporative and refueling emission standards apply for heavy- duty vehicles above 14,000 pounds GVWR as specified in 40 CFR 1037.103.

(4) If you optionally certify vehicles to standards under this subpart, those vehicles are subject to all the regulatory requirements as if the standards were mandatory.

(b) Relationship to 40 CFR parts 1036 and 1037. If any heavy-duty vehicle is not subject to standards and certification requirements under this subpart, the vehicle and its installed engine are instead subject to standards and certification requirements under 40 CFR parts 1036 and 1037, as applicable. If you optionally certify engines or vehicles to standards under 40 CFR part 1036 or 40 CFR part 1037, respectively, those engines or vehicles are subject to all the regulatory requirements in 40 CFR parts 1036 and 1037 as if they were mandatory. * * * * *

(i) Types of pollutants. Criteria pollutant standards apply for NOX, NMOG, HC, formaldehyde, PM, and CO, including exhaust, evaporative, and refueling emission standards. These pollutants are sometimes described collectively as “criteria pollutants” because they are either criteria pollutants under the Clean Air Act or precursors to the criteria pollutants ozone and PM.

0 13. Amend Sec. 86.1803-01 by: 0 a. Removing the definitions of “AC1”, “AC2”, “Air Conditioning Idle Test”, “Base level”, “Base tire”, “Base vehicle”, “Combined CO2”, “Combined CREE”, and “Configuration”; 0 b. Revising the definition of “Defeat device”; 0 c. Removing and reserving paragraph (1) of the definition of “Emergency vehicle”; 0 d. Revising the definition of “Engine code”; 0 e. Removing the definition of “Footprint”, “Full size pickup truck”, “Mild hybrid electric vehicle”, “Strong hybrid electric vehicle”, “Subconfiguration”, “Track width”, and “Transmission class”; and 0 f. Adding a definition of “Work factor” in alphabetical order.

The revisions and addition read as follows:

Sec. 86.1803-01 Definitions.

* * * * *

Defeat device means an auxiliary emission control device (AECD) that reduces the effectiveness of the emission control system under conditions which may reasonably be expected to be encountered in normal vehicle operation and use, unless:

(1) Such conditions are substantially included in driving cycles specified in this subpart or the fuel economy test procedures in 40 CFR part 600;

(2) The need for the AECD is justified in terms of protecting the vehicle against damage or accident;

(3) The AECD does not go beyond the requirements of engine starting; or

(4) The AECD applies only for emergency vehicles and the need is justified in terms of preventing the vehicle from losing speed, torque, or power due to abnormal conditions of the emission control system, or in terms of preventing such abnormal conditions from occurring, during operation related to emergency response. Examples of such abnormal conditions may include excessive exhaust backpressure from an overloaded particulate trap, and running out of diesel exhaust fluid for engines that rely on urea-based selective catalytic reduction. * * * * *

Engine code means a unique combination within a test group of displacement, fuel injection (or carburetor) calibration, choke calibration, distributor calibration, auxiliary emission control devices, and other engine and emission control system components specified by the Administrator. For electric vehicles, engine code means a unique combination of manufacturer, electric traction motor, motor configuration, motor controller, and energy storage device. * * * * *

Work factor, WF, means the characteristic value representing a vehicle's work potential, calculated to the nearest pound using the following equation:

WF = 0.75 x (GVWR - Curb Weight + xwd) + 0.25 x (GCWR - GVWR)

Where:

xwd = 500 pounds if the vehicle has four-wheel drive or all-wheel drive; xwd = 0 pounds for all other vehicles.

* * * * *

0 14. Amend Sec. 86.1805-12 by revising paragraph (a) to read as follows:

Sec. 86.1805-12 Useful life.

(a) Except as permitted under paragraph (b) of this section or required under paragraphs (c) and (d) of this section, the full useful life for all LDVs and LLDTs is a period of use of 10 years or 120,000 miles, whichever occurs first. The full useful life for all HLDTs, MDPVs, and complete heavy-duty vehicles is a period of 11 years or 120,000 miles, whichever occurs first. These full useful life values apply to all exhaust, evaporative and refueling emission requirements except for standards which are specified to only be applicable at the time of certification. * * * * *

0 15. Revise Sec. 86.1805-17 to read as follows:

Sec. 86.1805-17 Useful life.

(a) General provisions. The useful life values specified in this section apply for all exhaust, evaporative, refueling, and OBD emission requirements described in this subpart, except for standards that are specified to apply only at certification. Useful life values are specified as a given number of calendar years or miles of driving, whichever comes first.

(b) [Reserved]

(c) Cold temperature emission standards. The cold temperature NMHC emission standards in Sec. 86.1811-17 apply for a useful life of 10 years or 120,000 miles for LDV and LLDT, and 11 years or 120,000 miles for HLDT and HDV. The cold temperature CO emission standards in Sec. 86.1811-17 apply for a useful life of 5 years or 50,000 miles.

(d) Criteria pollutants. The useful life provisions of this paragraph (d) apply for all emission standards not covered by paragraph (c) of this section. This paragraph (d) applies for the cold temperature emission standards in Sec. 86.1811-27(c). Except as specified in paragraph (f) of this section and in Sec. Sec. 86.1811, 86.1813, and 86.1816, the useful life for LDT2, HLDT, MDPV, and HDV is 15 years or 150,000 miles. The useful life for LDV and LDT1 is 10 years or 120,000 miles. Manufacturers may optionally certify LDV and LDT1 to a useful life of 15 years or 150,000 miles, in which case the longer useful life would apply for all the standards and requirements covered by this paragraph (d).

(e) Intermediate useful life. Where exhaust emission standards are specified for an intermediate useful life, these standards apply for five years or 50,000 miles.

0 16. Amend Sec. 86.1806-27 by adding paragraphs (a)(9) through (13) to read as follows:

Sec. 86.1806-27 Onboard diagnostics.

* * * * *

(a) * * *

(9) The definition of “Active Off-Cycle Credit Technology” in 13 CCR 1968.2(c) does not apply.

(10) The vehicle operations and control strategies standardization requirements in 13 CCR 1968.2 (g)(6.3), (6.4), (6.5), (6.8), (6.9), (6.10), and (6.11) do not apply.

(11) The data reporting and storage requirements in 13 CCR 1968.2(h)(6.1) related to the standardization requirements in 13 CCR 1968.2(g)(8.1) do not apply.

(12) The certification documentation requirement related to “Active Off-Cycle Credit Technologies” in 13 CCR 1968.2(i)(2.28) does not apply.

(13) The monitoring system demonstration requirements in 13 CCR 1968.2(h)(5.3.1)(D) and (5.3.2)(A)(iii) related to CO2 emission data does not apply. * * * * *

Sec. 86.1807-01 [Amended]

0 17. Amend Sec. 86.1807-01 By Removing And Reserving Paragraph (A)(3)(IV).

0 18. Amend Sec. 86.1809-12 by revising paragraph (d)(1) to read as follows:

Sec. 86.1809-12 Prohibition of defeat devices.

* * * * *

(d) * * *

(1) The manufacturer must show to EPA's satisfaction that the vehicle design does not incorporate strategies that unnecessarily reduce emission control effectiveness exhibited over the driving cycles specified in this subpart or the fuel economy test procedures in 40 CFR part 600 when the vehicle is operated under conditions that may reasonably be expected to be encountered in normal operation and use. * * * * *

0 19. Amend Sec. 86.1810-09 by revising paragraph (f)(2) to read as follows:

Sec. 86.1810-09 General standards; increase in emissions; unsafe condition; waivers.

* * * * *

(f) * * *

(2) For vehicles that comply with the cold temperature NMHC standards described in Sec. 86.1811-10(g), manufacturers must submit an engineering evaluation indicating that common calibration approaches are utilized at high altitudes (except when there are specific high altitude calibration needs to deviate from low altitude emission control practices). Any deviation from low altitude emission control practices must be included in the auxiliary emission control device (AECD) descriptions submitted at certification. Any AECD specific to high altitude must require engineering emission data for EPA evaluation to quantify any emission impact and validity of the AECD. * * * * *

0 20. Amend Sec. 86.1810-17 by revising paragraph (j) to read as follows:

Sec. 86.1810-17 General requirements.

* * * * *

(j) Small-volume manufacturers that modify a vehicle already certified by a different company may recertify that vehicle under this subpart S based on the vehicle supplier's compliance with fleet average standards for criteria exhaust emissions and evaporative emissions as follows:

(1) The recertifying manufacturer must certify the vehicle at bin levels and family emission limits that are the same as or more stringent than the corresponding bin levels and family emission limits for the vehicle supplier.

(2) The recertifying manufacturer must meet all the standards and requirements described in this subpart S, except for the fleet average standards for criteria exhaust emissions and evaporative emissions.

(3) The vehicle supplier must send the small-volume manufacturer a written statement accepting responsibility to include the subject vehicles in the vehicle supplier's exhaust and evaporative fleet average calculations in Sec. Sec. 86.1860-17 and 86.1864-10.

(4) The small-volume manufacturer must describe in the application for certification how the two companies are working together to demonstrate compliance for the subject vehicles. The application must include the statement from the vehicle supplier described in paragraph (j)(3) of this section.

(5) The vehicle supplier must include a statement that the vehicle supplier is including the small volume manufacturer's sales volume and emissions levels in the vehicle supplier's fleet average reports under Sec. Sec. 86.1860-17 and 86.1864-10. * * * * *

0 21. Amend Sec. 86.1811-17 by revising paragraph (a) to read as follows:

Sec. 86.1811-17 Exhaust emission standards for light-duty vehicles, light-duty trucks and medium-duty passenger vehicles.

(a) Applicability and general provisions. This section describes exhaust emission standards that apply for model year 2017 and later light-duty vehicles, light-duty trucks, and medium-duty passenger vehicles. MDPVs are subject to all the same emission standards and certification provisions that apply to LDT4. Some of the provisions of this section also apply to heavy-duty vehicles as specified in Sec. 86.1816. See Sec. 86.1813 for evaporative and refueling emission standards. This section may apply to vehicles from model years earlier than 2017 as specified in paragraph (b)(11) of this section. * * * * *

Sec. 86.1811-27 [AMENDED]

0 22. Amend Sec. 86.1811-27 by removing paragraph (a)(4).

Sec. 86.1815-27 [Removed]

0 23. Remove Sec. 86.1815-27.

0 24. Amend Sec. 86.1816-18 by revising paragraph (a) to read as follows:

Sec. 86.1816-18 Emission standards for heavy-duty vehicles.

(a) Applicability and general provisions. This section describes Tier 3 exhaust emission standards for complete heavy-duty vehicles. These standards are optional for incomplete heavy-duty vehicles and for heavy-duty vehicles above 14,000 pounds GVWR as described in Sec. 86.1801. See Sec. 86.1813 for evaporative and refueling emission standards. This section starts to apply in model year 2018, except that the provisions may apply to vehicles before model year 2018 as specified in paragraph (b)(11) of this section. This section applies for model year 2027 and later vehicles only as specified in Sec. 86.1811-27. Separate requirements apply for MDPV as specified in Sec. 86.1811. See subpart A of this part for requirements that apply for incomplete heavy-duty vehicles and for heavy-duty engines certified independent of the chassis. The following general provisions apply:

(1) Test all vehicles as described in this section using a chassis dynamometer; establish appropriate load settings based on adjusted loaded vehicle weight (see Sec. 86.1803).

(2) Some provisions apply differently depending on the vehicle's power-to-weight ratio. Determine a vehicle's power-to-weight ratio by dividing the engine's rated power by the vehicle's GVWR (in hp/pound). For purposes of this section, if a test group includes multiple vehicle configurations, use the vehicle with the highest power-to-weight ratio to characterize the test group.

(3) Use E10 test fuel as required in Sec. 86.113, except as specified in this section.

(4) Measure emissions from hybrid electric vehicles (including plug-in hybrid electric vehicles) as described in 40 CFR part 1066, subpart F, except that these procedures do not apply for plug-in hybrid electric vehicles during charge-depleting operation. * * * * *

Sec. Sec. 86.1818-12 And 86.1819-14 [Removed]

0 25. Remove Sec. Sec. 86.1818-12 And 86.1819-14.

0 26. Amend Sec. 86.1822-01 by revising paragraph (b) to read as follows:

Sec. 86.1822--01 Durability data vehicle selection.

* * * * *

(b) The manufacturer may select, using good engineering judgment, an equivalent or worst-case vehicle configuration in lieu of testing the vehicle selected in paragraph (a) of this section. Carryover data satisfying the provisions of Sec. 86.1839-01 may also be used in lieu of testing the vehicle configuration selected in paragraph (a) of this section.

Sec. 86.1823-08 [Amended]

0 27. Amend Sec. 86.1823-08 by removing and reserving paragraph (M).

0 28. Amend Sec. 86.1827-01 by revising paragraph (a)(5) to read as follows:

Sec. 86.1827-01 Test group determination.

* * * * *

(a) * * *

(5) Subject to the same emission standards, or FEL in the case of cold temperature NMHC or NMOG+NOX standards, except that a manufacturer may request to group vehicles into the same test group as vehicles subject to more stringent standards, so long as all the vehicles within the test group are certified to the most stringent standards applicable to any vehicle within that test group. For example, manufacturers may include medium-duty vehicles at or below 22,000 pounds GCWR in the same test group with medium-duty vehicles above 22,000 pounds GCWR, but all vehicles included in the test group are then subject to the off-cycle emission standards and testing requirements described in Sec. 86.1811-27(e). Light-duty trucks and light-duty vehicles may be included in the same test group if all vehicles in the test group are subject to the same criteria exhaust emission standards. * * * * *

0 29. Amend Sec. 86.1828-01 by revising paragraph (e) to read as follows:

Sec. 86.1828-01 Emission data vehicle selection.

* * * * *

(e) Alternative vehicle configurations. The manufacturer may use good engineering judgment to select an equivalent or worst-case vehicle configuration in lieu of testing the vehicle selected in paragraphs (a) through (c) of this section. Carryover data satisfying the provisions of Sec. 86.1839 may also be used in lieu of testing the vehicle configuration selected in paragraphs (a) through (c) of this section. * * * * *

0 30. Amend Sec. 86.1829-15 by: 0 a. Removing and reserving paragraph (a)(2). 0 b. Revising paragraph (d)(3); and 0 c. Removing and reserving paragraph (d)(6).

The revisions read as follows:

Sec. 86.1829-15 Durability and emission testing requirements; waivers.

* * * * *

(d) * * *

(3) Manufacturers may omit PM measurements for fuel economy testing conducted in addition to the testing needed to demonstrate compliance with the PM emission standards. * * * * *

0 31. Amend Sec. 86.1830-01 by revising paragraphs (a)(3) and (c)(2) to read as follows:

Sec. 86.1830-01 Acceptance of vehicles for emission testing.

(a) * * *

(3) Test vehicles must have air conditioning installed and operational if that vehicle configuration is available with air conditioning. Optional equipment must be installed or represented on test vehicles according to the provisions of Sec. 86.1832-01. * * * * *

(c) * * *

(2) Within a durability group, the manufacturer may alter any emission data vehicle (or other vehicles such as current or previous model year emission data vehicles, running change vehicles, fuel economy data vehicles, and development vehicles) in lieu of building a new test vehicle providing that the modification will not impact the representativeness of the vehicle's test results. Manufacturers shall use good engineering judgment in making

such determinations. Development vehicles which were used to develop the calibration selected for emission data testing may not be used as the EDV for that vehicle configuration. Vehicles from outside the durability group may be altered with advance approval of the Administrator. * * * * *

0 32. Amend Sec. 86.1835-01 by revising paragraphs (a)(4), (b)(3), and (c) to read as follows:

Sec. 86.1835-01 Confirmatory certification testing.

(a) * * *

(4) Retesting for fuel economy may be conducted under the provisions of 40 CFR 600.008-08.

(b) * * *

(3) For light-duty vehicles, light-duty trucks, and medium-duty passenger vehicles the manufacturer shall conduct a retest of the FTP or highway test if the difference between the fuel economy of the confirmatory test and the original manufacturer's test equals or exceeds three percent (or such lower percentage to be applied consistently to all manufacturer conducted confirmatory testing as requested by the manufacturer and approved by the Administrator).

(i) For use in the fuel economy program described in 40 CFR part 600, the manufacturer may, in lieu of conducting a retest, accept as official the lower of the original and confirmatory test fuel economy results.

(ii) The manufacturer shall conduct a second retest of the FTP or highway test if the fuel economy difference between the second confirmatory test and the original manufacturer test equals or exceeds three percent (or such lower percentage as requested by the manufacturer and approved by the Administrator) and the fuel economy difference between the second confirmatory test and the first confirmatory test equals or exceeds three percent (or such lower percentage as requested by the manufacturer and approved by the Administrator). In lieu of conducting a second retest, the manufacturer may accept as official (for use in the fuel economy program) the lowest fuel economy of the original test, the first confirmatory test, and the second confirmatory test fuel economy results.

(c) Official test determination. (1) Whenever the Administrator or the manufacturer conducts a confirmatory test segment on a test vehicle, the results of that test segment, unless subsequently invalidated by the Administrator, shall comprise the official data for that test segment for the vehicle at the prescribed test point and the manufacturer's original test data for that test segment for that prescribed test point shall not be used in determining compliance with emission standards.

(i) If the Administrator or the manufacturer conducts more than one passing, valid, confirmatory test, the results from the first passing, valid confirmatory test shall be considered official and used in determining compliance with emission standards.

(ii) Official test results for fuel economy are determined in accordance with the provisions of Sec. 600.008-08 of this chapter.

(iii) The Administrator may stop a test after any evaporative test segment and use as official data any valid results obtained up to that point in the test, as described in subpart B of this part.

(2) Whenever the Administrator or the manufacturer does not conduct a confirmatory test on a test vehicle at a test point, the manufacturer's original test data will be accepted as the official data for that point.

(i) If the Administrator makes a determination based on testing under paragraph (a) of this section (or other appropriate correlation test data), that there is a lack of correlation between the manufacturer's test equipment or procedures and the test equipment or procedures used by the Administrator, no manufacturer's test data will be accepted for purposes of certification until the reasons for the lack of correlation are determined and the validity of the data is established by the manufacturer.

(ii) If the Administrator has reasonable basis to believe that any test data submitted by the manufacturer is not accurate or has been obtained in violation of any provisions of this subpart, the Administrator may refuse to accept that data as the official data pending retesting or submission of further information.

(iii) If the manufacturer conducts more than one test on an emission data vehicle in the same vehicle configuration (excluding confirmatory tests run under paragraph (b) of this section), the data from the last test in that series of tests on that vehicle, will constitute the official data. * * * * *

Sec. 86.1838-01 [Amended]

0 33. Amend Sec. 86.1838-01 by removing and reserving paragraph (B)(1)(I)(B).

0 34. Revise Sec. 86.1839-01 to read as follows:

Sec. 86.1839-01 Carryover of certification data.

(a) In lieu of testing an emission-data or durability vehicle selected under Sec. 86.1822, Sec. 86.1828, or Sec. 86.1829, and submitting data therefrom, a manufacturer may submit exhaust emission data, evaporative emission data and/or refueling emission data, as applicable, on a similar vehicle for which certification has been obtained or for which all applicable data required under Sec. 86.1845 has previously been submitted. To be eligible for this provision, the manufacturer must use good engineering judgment and meet the following criteria:

(1) In the case of durability data, the manufacturer must determine that the previously generated durability data represent a worst case or equivalent rate of deterioration for all applicable emission constituents compared to the vehicle configuration selected for durability demonstration. Prior to certification, the Administrator may require the manufacturer to provide data showing that the distribution of catalyst temperatures of the selected durability vehicle configuration is effectively equivalent or lower than the distribution of catalyst temperatures of the vehicle configuration which is the source of the previously generated data.

(2) In the case of emission data, the manufacturer must determine that the previously generated emissions data represent a worst case or equivalent level of emissions for all applicable emission constituents compared to the vehicle configuration selected for emission compliance demonstration.

(b) In lieu of using newly aged hardware on an EDV as allowed under the provisions of Sec. 86.1823-08(f)(2), a manufacturer may use similar hardware aged for an EDV previously submitted, provided that the manufacturer determines that the previously aged hardware represents a worst case or equivalent rate of deterioration for all applicable emission constituents for durability demonstration.

Sec. 86.1841-01 [Amended]

0 35. Amend Sec. 86.1841-01 by removing and reserving paragraph (A)(3).

0 36. Amend Sec. 86.1844-01 by: 0 a. Removing and reserving paragraph (d)(7)(iv); 0 b. Revising paragraph (d)(15); 0 c. Removing and reserving paragraphs (d)(19) and (20); and 0 d. Revising paragraphs (e)(1) and (3).

The revisions read as follows:

Sec. 86.1844-01 Information requirements: Application for certification and submittal of information upon request.

* * * * *

(d) * * *

(15) For vehicles with fuel-fired heaters, describe the control system

logic of the fuel-fired heater, including an evaluation of the conditions under which it can be operated and an evaluation of the possible operational modes and conditions under which evaporative emissions can exist. Use good engineering judgment to establish an estimated exhaust emission rate from the fuel-fired heater in grams per mile for each pollutant subject to a fleet average standard. Adjust fleet average compliance calculations in Sec. Sec. 86.1861 and 86.1864 as appropriate to account for emissions from fuel-fired heaters. Describe the testing used to establish the exhaust emission rate. * * * * *

(e) * * *

(1) Identify all emission-related components. Also identify software, AECDs, and other elements of design that are used to control criteria, exhaust or evaporative/refueling emissions. Identify the emission-related components by part number. Identify software by part number or other convention, as appropriate. Organize part numbers by engine code or other similar classification scheme. * * * * *

(3) Identification and description of all vehicles covered by each certificate of conformity to be produced and sold within the U.S. The description must be sufficient to identify whether any given in-use vehicle is, or is not, covered by a given certificate of conformity, the test group and the evaporative/refueling family to which it belongs and the standards that are applicable to it, by matching readily observable vehicle characteristics and information given in the emission control information label (and other permanently attached labels) to indicators in the Part 1 Application. For example, the description must include any components or features that contribute to measured or demonstrated control of emissions for meeting criteria exhaust or evaporative/refueling standards under this subpart. In addition, the description must be sufficient to determine for each vehicle covered by the certificate, all appropriate test parameters and any special test procedures necessary to conduct an official certification exhaust or evaporative emission test as was required by this subpart to demonstrate compliance with applicable emission standards. The description shall include, but is not limited to, information such as model name, vehicle classification (light-duty vehicle, light-duty truck, or complete heavy-duty vehicle), sales area, engine displacement, engine code, transmission type, tire size and parameters necessary to conduct exhaust emission tests such as equivalent test weight, curb and gross vehicle weight, test horsepower (with and without air conditioning adjustment), coast down time, shift schedules, cooling fan configuration, etc. and evaporative tests such as canister working capacity, canister bed volume, and fuel temperature profile. Actual values must be provided for all parameters. * * * * *

0 37. Amend Sec. 86.1845-04 by: 0 a. Revising paragraphs (b)(5)(i) and (c)(5)(i); 0 b. Removing and reserving paragraph (g); and 0 c. Revising paragraph (h)(6) introductory text.

The revisions read as follows:

Sec. 86.1845-04 Manufacturer in-use verification testing requirements.

* * * * *

(b) * * *

(5) Testing. (i) Each test vehicle of a test group shall be tested in accordance with the FTP and the US06 as described in subpart B of this part, when such test vehicle is tested for compliance with applicable exhaust emission standards under this subpart. * * * * *

(c) * * *

(5) Testing. (i) Each test vehicle shall be tested in accordance with the FTP and the US06 as described in subpart B of this part when such test vehicle is tested for compliance with applicable exhaust emission standards under this subpart. One test vehicle from each test group shall be tested over the FTP at high altitude. The test vehicle tested at high altitude is not required to be one of the same test vehicles tested at low altitude. The test vehicle tested at high altitude is counted when determining the compliance with the requirements shown in Table S04-06 and Table S04-07 (tables 1 and 2 to paragraph (b)(3) of this section) or the expanded sample size as provided for in this paragraph (c). * * * * *

(h) * * *

(6) Determine a reference CO2 emission rate, eCO2FTPFCL, as described in 40 CFR 1036.530 or based on measured values from any chassis FTP driving cycles under 40 CFR part 1066, subpart I, that is used for reporting data from an emission data vehicle or a fuel economy data vehicle, as follows:

* * * * *

0 38. Amend Sec. 86.1846-01 by: 0 a. Revising paragraph (a); and 0 b. Removing and reserving paragraph (b)(2).

The revision reads as follows:

Sec. 86.1846-01 Manufacturer in-use confirmatory testing requirements.

(a) General requirements. (1) Manufacturers must test, or cause testing to be conducted, under this section when the emission levels shown by a test group sample from testing under Sec. 86.1845 exceeds the criteria specified in paragraph (b) of this section. The testing required under this section applies separately to each test group and at each test point (low and high mileage) that meets the specified criteria. The testing requirements apply separately for each model year.

(2) The provisions of Sec. 86.1845-04(a)(3) regarding fuel sulfur effects apply equally to testing under this section. * * * * *

Sec. 86.1847-01 [Amended]

0 39. Amend Sec. 86.1847-01 by removing and reserving paragraph (G).

0 40. Amend Sec. 86.1848-10 by: 0 a. Revising paragraphs (c)(2) and (5); and 0 b. Removing paragraphs (c)(9) and (10).

The revisions read as follows:

Sec. 86.1848-10 Compliance with emission standards for the purpose of certification.

* * * * *

(c) * * *

(2) The manufacturer must comply with all certification and in-use emission standards contained in this subpart both during and after model year production. * * * * *

(5) The manufacturer must meet the in-use testing and reporting requirements contained in Sec. Sec. 86.1845, 86.1846, and 86.1847, as applicable. * * * * *

0 41. Amend Sec. 86.1854-12 by revising paragraph (a)(2)(iv) to read as follows:

Sec. 86.1854-12 Prohibited acts.

(a) * * *

(2) * * *

(iv) For a person to fail to establish or maintain records as required under Sec. Sec. 86.1844, 86.1862, and 86.1864 with regard to vehicles. * * * * *

0 42. Revise and republish Sec. 86.1861-17 to read as follows:

Sec. 86.1861-17 How do the NMOG + NOX and evaporative emission credit programs work?

You may use emission credits for purposes of certification to show compliance with the applicable fleet

average NMOG+NOX standards from Sec. thnsp;Sec. 86.1811 and 86.1816 and the fleet average evaporative emission standards from Sec. 86.1813 as described in 40 CFR part 1036, subpart H, with certain exceptions and clarifications as specified in this section. MDPVs are subject to the same provisions of this section that apply to LDT4.

(a) Calculate emission credits as described in this paragraph (a) instead of using the provisions of 40 CFR 1036.705. Calculate positive or negative emission credits relative to the applicable fleet average standard. Calculate positive emission credits if your fleet average level is below the standard. Calculate negative emission credits if your fleet average value is above the standard. Calculate credits separately for each applicable fleet average standard and calculate total credits for each averaging set as specified in paragraph (b) of this section. Convert units from mg/mile to g/mile as needed for performing calculations. Calculate emission credits using the following equation, rounded to the nearest whole number: Equation 1 to Paragraph (a) Emission credit = Volume [middot] [Fleet average standard-Fleet average value]

Where:

Emission credit = The positive or negative credit for each discrete fleet average standard, in units of vehicle-grams per mile for NMOG+NOx and vehicle-grams per test for evaporative emissions. Volume = Sales volume in a given model year from the collection of test groups or evaporative families covered by the fleet average value, as described in Sec. 86.1860.

(b) The following restrictions apply instead of those specified in 40 CFR 1036.740:

(1) Except as specified in paragraph (b)(2) of this section, emission credits may be exchanged only within an averaging set, as follows:

(i) HDV represent a separate averaging set with respect to all emission standards.

(ii) Except as specified in paragraph (b)(1)(iii) of this section, light-duty program vehicles represent a single averaging set with respect to all emission standards. Note that FTP and SFTP credits for Tier 3 vehicles are not interchangeable.

(iii) LDV and LDT1 certified to standards based on a useful life of 120,000 miles and 10 years together represent a single averaging set with respect to NMOG+NOX emission standards. Note that FTP and SFTP credits for Tier 3 vehicles are not interchangeable.

(iv) The following separate averaging sets apply for evaporative emission standards:

(A) LDV and LDT1 together represent a single averaging set.

(B) LDT2 represents a single averaging set.

(C) HLDT represents a single averaging set.

(D) HDV represents a single averaging set.

(2) You may exchange evaporative emission credits across averaging sets as follows if you need additional credits to offset a deficit after the final year of maintaining deficit credits as allowed under paragraph (c) of this section:

(i) You may exchange LDV/LDT1 and LDT2 emission credits.

(ii) You may exchange HLDT and HDV emission credits.

(3) Except as specified in paragraph (b)(4) of this section, credits expire after five years. For example, credits you generate in model year 2018 may be used only through model year 2023.

(4) For the Tier 3 declining fleet average FTP and SFTP emission standards for NMOG+NOX described in Sec. 86.1811-17(b)(8), credits generated in model years 2017 through 2024 expire after eight years, or after model year 2030, whichever comes first; however, these credits may not be traded after five years. This extended credit life also applies for small-volume manufacturers generating credits under Sec. 86.1811-17(h)(1) in model years 2022 through 2024. Note that the longer credit life does not apply for heavy-duty vehicles, for vehicles certified under the alternate phase-in described in Sec. 86.1811- 17(b)(9), or for vehicles generating early Tier 3 credits under Sec. 86.1811-17(b)(11) in model year 2017.

(5) Tier 3 credits for NMOG+NOX may be used to demonstrate compliance with Tier 4 standards without adjustment, except as specified in Sec. 86.1811-27(b)(6)(ii).

(6) A manufacturer may generate NMOG+NOX credits from model year 2027 through 2032 electric vehicles that qualify as MDPV and use those credits for certifying medium-duty vehicles, as follows:

(i) Calculate generated credits separately for qualifying vehicles. Calculate generated credits by multiplying the applicable standard for light-duty program vehicles by the sales volume of qualifying vehicles in a given model year.

(ii) Apply generated credits to eliminate any deficit for light- duty program vehicles before using them to certify medium-duty vehicles.

(iii) Apply the credit provisions of this section as specified, except that you may not buy or sell credits generated under this paragraph (b)(6).

(iv) Describe in annual credit reports how you are generating certain credit quantities under this paragraph (b)(6). Also describe in your end of year credit report how you will use those credits for certifying light-duty program vehicles or medium-duty vehicles in a given model year.

(c) The credit-deficit provisions 40 CFR 1036.745 apply to the NMOG+NOX and evaporative emission standards for Tier 3 and Tier 4 vehicles. Credit-deficit provisions are not affected by the transition from Tier 3 to Tier 4 standards.

(d) The reporting and recordkeeping provisions of Sec. 86.1862 apply instead of those specified in 40 CFR 1036.730 and 1036.735.

(e) The provisions of 40 CFR 1036.625 do not apply.

Sec. Sec. 86.1865-12, 86.1866-12, 86.1867-12, and 86.1867- 31 [Removed]

0 43. Remove Sec. Sec. 86.1865-12, 86.1866-12, 86.1867-12, and 86.1867- 31.

0 44. Amend Sec. 86.1868-12 by: 0 a. Revising the introductory text and paragraph (c); 0 b. Removing and reserving paragraph (d); and 0 c. Revising paragraphs (g) introductory text and (g)(3) introductory text.

The revisions read as follows:

Sec. 86.1868-12 CO2 credits for improving the efficiency of air conditioning systems.

The regulation at 40 CFR 600.510 describes how manufacturers may calculate fuel consumption improvement values based on improvements to air conditioning efficiency. This section describes how to calculate credits to determine the average fuel economy for comparing to the Corporate Average Fuel Economy standard. The provisions of this section do not apply for medium-duty vehicles. Credits shall be calculated according to this section for each air conditioning system that the manufacturer is using to generate credits. Manufacturers must validate credits under this section based on testing as described in paragraph (g) of this section. Starting in model year 2027, manufacturers may generate credits under this section only for vehicles propelled by internal combustion engines. * * * * *

(c) The total efficiency credits generated by an air conditioning system shall be calculated in megagrams separately for passenger automobiles and light trucks according to the following formula:

Equation 1 to Paragraph (c) [GRAPHIC] [TIFF OMITTED] TR18FE26.021

Where:

Credit = the air conditioning efficiency credit in grams per mile determined in paragraph (b) of this section. Starting in model year 2027, multiply the credit value for PHEV by (1-UF), where UF = the fleet utility factor established under 40 CFR 600.116-12(c)(1) or (c)(10)(iii) (weighted 55 percent city, 45 percent highway. Production = The total number of passenger automobiles or light trucks, whichever is applicable, produced with the air conditioning system to which to the efficiency credit value from paragraph (b) of this section applies. VLM = vehicle lifetime miles, which for passenger automobiles shall be 195,264 and for light trucks shall be 225,865. * * * * *

(g) For AC17 validation testing and reporting requirements, manufacturers must validate air conditioning efficiency credits by using the AC17 Test Procedure in 40 CFR 1066.845 as follows: * * * * *

(3) For the first model year for which an air conditioning system is expected to generate credits, the manufacturer must select for testing the projected highest-selling vehicle configuration within each combination of vehicle platform and air conditioning system (as those terms are defined in Sec. 86.1803). The manufacturer must test at least one unique air conditioning system within each vehicle platform in a model year, unless all unique air conditioning systems within a vehicle platform have been previously tested. A unique air conditioning system design is a system with unique or substantially different component designs or types and/or system control strategies (e.g., fixed-displacement vs. variable displacement compressors, orifice tube vs. thermostatic expansion valve, single vs. dual evaporator, etc.). In the first year of such testing, the tested vehicle configuration shall be the highest production vehicle configuration within each platform. In subsequent model years the manufacturer must test other unique air conditioning systems within the vehicle platform, proceeding from the highest production untested system until all unique air conditioning systems within the platform have been tested, or until the vehicle platform experiences a major redesign. Whenever a new unique air conditioning system is tested, the highest production vehicle configuration using that system shall be the vehicle selected for testing. Credits may continue to be generated by the air conditioning system installed in a vehicle platform provided that: * * * * *

0 45. Amend Sec. 86.1869-12 by revising the introductory text and paragraphs (a), (b)(1) introductory text, (b)(2) introductory text, (b)(2)(v), (c) introductory text, and (e)(2)(i) to read as follows:

Sec. 86.1869-12 CO2 credits for off-cycle CO2 reducing technologies.

The regulation at 40 CFR 600.510 describes how manufacturers may calculate fuel consumption improvement values based on vehicle improvements that are not reflected in testing to demonstrate compliance with exhaust emission standards. This section describes how to calculate credits to determine the average fuel economy for comparing to the Corporate Average Fuel Economy standard through model year 2032. The provisions of this section do not apply for medium-duty vehicles. Manufacturers may no longer generate credits under this section starting in model year 2027 for vehicles deemed to have zero tailpipe emissions and in model year 2033 for all other vehicles. Manufacturers may no longer generate credits under paragraphs (c) and (d) of this section for any type of vehicle starting in model year 2027.

(a) Manufacturers may generate credits for CO2-reducing technologies where the CO2 reduction benefit of the technology is not adequately captured on the Federal Test Procedure and/or the Highway Fuel Economy Test such that the technology would not be otherwise installed for purposes of meeting Corporate Average Fuel Economy standards. These technologies must have a measurable, demonstrable, and verifiable real-world CO2 reduction that occurs outside the conditions of the Federal Test Procedure and the Highway Fuel Economy Test. These optional credits are referred to as “off-cycle” credits. The technologies must not be integral or inherent to the basic vehicle design, such as engine, transmission, mass reduction, passive aerodynamic design, and tire technologies. Technologies installed for non-off-cycle emissions related reasons are also not eligible as they would be considered part of the baseline vehicle design. The technology must not be inherent to the design of occupant comfort and entertainment features except for technologies related to reducing passenger air conditioning demand and improving air conditioning system efficiency. Notwithstanding the provisions of this paragraph (a), off-cycle menu technologies included in paragraph (b) of this section remain eligible for credits. Off-cycle technologies used to generate emission credits are considered emission-related components subject to applicable requirements and must be demonstrated to be effective for the full useful life of the vehicle. Unless the manufacturer demonstrates that the technology is not subject to in-use deterioration, the manufacturer must account for the deterioration in their analysis. Durability evaluations of off-cycle technologies may occur at any time throughout a model year, provided that the results can be factored into the data provided in the model year report. Off- cycle credits may not be approved for crash-avoidance technologies, safety critical systems or systems affecting safety-critical functions, or technologies designed for the purpose of reducing the frequency of vehicle crashes. Off-cycle credits may not be earned for technologies installed on a motor vehicle to attain compliance with any vehicle safety standard or any regulation set forth in Title 49 of the Code of Federal Regulations. The manufacturer must use one of the three options specified in this section to establish off-cycle credits under this section.

(b) * * *

(1) The manufacturer may generate off-cycle credits for certain technologies as specified in this paragraph (b)(1). Technology definitions are in paragraph (b)(4) of this section. Calculated credit values shall be rounded to the nearest 0.1 grams/mile. * * * * *

(2) The maximum allowable off-cycle credit for the combined passenger automobile and light truck fleet

attributable to use of the default credit values in paragraph (b)(1) of this section is specified in paragraph (b)(2)(v) of this section. If the total of the off-cycle credit values from paragraph (b)(1) of this section does not exceed the specified off-cycle credit cap for any passenger automobile or light truck in a manufacturer's fleet, then the total off-cycle credits may be calculated according to paragraph (f) of this section. If the total of the off-cycle credit values from paragraph (b)(1) of this section exceeds the specified off-cycle credit cap for any passenger automobile or light truck in a manufacturer's fleet, then the gram per mile decrease for the combined passenger automobile and light truck fleet must be determined according to paragraph (b)(2)(ii) of this section to determine whether the applicable limitation has been exceeded. * * * * *

(v) The manufacturer's combined passenger automobile and light truck fleet average off-cycle credits attributable to use of the default credit values in paragraph (b)(1) of this section may not exceed the following specific values:

Off-cycle

Model year credit cap

(g/mile)

(A) 2023-2026.............................................. 15 (B) 2027-2030.............................................. 10 (C) 2031................................................... 8.0 (D) 2032................................................... 6.0

* * * * *

(c) Technology demonstration using EPA 5-cycle methodology. To demonstrate an off-cycle technology and to determine off-cycle credits using the EPA 5-cycle methodology, the manufacturer shall determine the off-cycle city/highway combined carbon-related exhaust emissions benefit by using the EPA 5-cycle methodology described in 40 CFR part 600. This method may not be used for technologies that include elements (e.g., driver-selectable systems) that require additional analyses, data collection, projections, or modeling, or other assessments to determine a national average benefit of the technology. Testing shall be performed on a representative vehicle, selected using good engineering judgment, for each model type for which the credit is being demonstrated. The emission benefit of a technology is determined by testing both with and without the off-cycle technology operating. If a specific technology is not expected to change emissions on one of the five test procedures, the manufacturer may submit an engineering analysis to the EPA that demonstrates that the technology has no effect. If EPA concurs with the analysis, then multiple tests are not required using that test procedure; instead, only one of that test procedure shall be required--either with or without the technology installed and operating--and that single value will be used for all of the 5-cycle weighting calculations. Multiple off-cycle technologies may be demonstrated on a test vehicle. The manufacturer shall conduct the following steps and submit all test data to the EPA. * * * * *

(e) Review and approval process for off-cycle credits--(1) Initial steps required. (i) A manufacturer requesting off-cycle credits under the provisions of paragraph (c) of this section must conduct the testing and/or simulation described in that paragraph.

(ii) A manufacturer requesting off-cycle credits under the provisions of paragraph (d) of this section must develop a methodology for demonstrating and determining the benefit of the off-cycle technology, and carry out any necessary testing and analysis required to support that methodology.

(iii) A manufacturer requesting off-cycle credits under paragraphs (b), (c), or (d) of this section must conduct testing and/or prepare engineering analyses that demonstrate the in-use durability of the technology for the full useful life of the vehicle.

(2) Data and information requirements. The manufacturer seeking off-cycle credits must submit an application for off-cycle credits determined under paragraphs (c) and (d) of this section. The application must contain the following:

(i) A detailed description of the off-cycle technology and how it functions to improve fuel economy under conditions not represented on the FTP and HFET.

(ii) A list of the vehicle model(s) which will be equipped with the technology.

(iii) A detailed description of the test vehicles selected and an engineering analysis that supports the selection of those vehicles for testing.

(iv) All testing and/or simulation data required under paragraph (c) or (d) of this section, as applicable, plus any other data the manufacturer has considered in the analysis.

(v) For credits under paragraph (d) of this section, a complete description of the methodology used to estimate the off-cycle benefit of the technology and all supporting data, including vehicle testing and in-use activity data.

(vi) An estimate of the off-cycle benefit by vehicle model and the fleetwide benefit based on projected sales of vehicle models equipped with the technology.

(vii) An engineering analysis and/or component durability testing data or whole vehicle testing data demonstrating the in-use durability of the off-cycle technology components.

(3) EPA review of the off-cycle credit application. Upon receipt of an application from a manufacturer, EPA will do the following:

(i) Review the application for completeness and notify the manufacturer within 30 days if additional information is required.

(ii) Review the data and information provided in the application to determine if the application supports the level of credits estimated by the manufacturer.

(iii) For credits under paragraph (d) of this section, EPA will make the application available to the public for comment, as described in paragraph (d)(2) of this section, within 60 days of receiving a complete application. The public review period will be specified as 30 days, during which time the public may submit comments. Manufacturers may submit a written rebuttal of comments for EPA consideration or may revise their application in response to comments. A revised application should be submitted after the end of the public review period, and EPA will review the application as if it was a new application submitted under this paragraph (e)(3).

(4) EPA decision. (i) For credits under paragraph (c) of this section, EPA will notify the manufacturer of its decision within 60 days of receiving a complete application.

(ii) For credits under paragraph (d) of this section, EPA will notify the manufacturer of its decision after reviewing and evaluating the public comments. EPA will make the decision and rationale available to the public.

(iii) EPA will notify the manufacturer in writing of its decision to approve or deny the application, and will provide the reasons for the decision. EPA will make the decision and rationale available to the public. * * * * *

Sec. 86.1870-12 [Removed]

0 46. Remove Sec. 86.1870-12.

PART 600--FUEL ECONOMY AND GREENHOUSE GAS EXHAUST EMISSIONS OF MOTOR VEHICLES

0 47. The authority citation for part 600 continues to read as follows:

Authority: 49 U.S.C. 32901--23919Q, Pub. L. 109-58.

0 48. Amend Sec. 600.001 by revising paragraphs (a) and (c) 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 (MDPVFE), and to 2011 and later model year automobiles including MDPVFE. The test procedures in subpart B of this part also describe how manufacturers can test larger vehicles to meet fuel consumption standards under 49 CFR part 535. * * * * *

(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. * * * * *

0 49. Amend Sec. 600.002 by: 0 a. Revising the definitions of “Carbon-related exhaust emissions (CREE)” and “Engine code”; 0 b. Removing the definition of “Footprint”; and 0 c. Revising the definitions of “Medium-duty passenger vehicle (MDPVFE)”, “Subconfiguration”, and “Vehicle configuration”.

The revisions read as follows:

Sec. 600.002 Definitions.

* * * * *

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. * * * * *

Engine code means one of the following:

(1) For LDV, LDT, and MDPVFE, engine code means a unique combination, within a test group (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, motor controller, and energy storage device.

(2) For MDV, engine code means the combination of both “engine code” and “basic engine” as defined for light-duty vehicles in this section. * * * * *

Medium-duty passenger vehicle (MDPVFE) means any motor vehicle rated at more than 8,500 pounds GVWR and less than 10,000 pounds GVWR that is designed primarily to transport passengers, but does not include a vehicle that--

(1) Is an “incomplete truck,” meaning any truck which does not have the primary load carrying device or container attached when it is first sold as a vehicle; 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. (See paragraph (1) of the definition of medium-duty passenger vehicle at 40 CFR 86.1803-01). * * * * *

Subconfiguration means one of the following:

(1) For LDV, LDT, and MDPVFE, 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 or CO2 emissions within a vehicle configuration.

(2) For MDV, subconfiguration means a unique combination within a vehicle configuration of equivalent test weight, road-load horsepower, and any other operational characteristics or parameters that may significantly affect CO2 emissions within a vehicle configuration. Note that equivalent test weight is based on a vehicle's Adjusted Loaded Vehicle Weight (rounded to the nearest 500-pound increment for values above 14,000 pounds); see 40 CFR 1066.805. * * * * *

Vehicle configuration means one of the following:

(1) For LDV, LDT, and MDPVFE, vehicle configuration means a unique combination of basic engine, engine code, inertia weight class, transmission configuration, and axle ratio within a base level.

(2) For MDV, vehicle configuration means a subclassification within a test group based on a unique combination of basic engine, engine code, transmission type and gear ratios, final drive ratio, and other parameters we designate.

* * * * *

0 50. Amend Sec. 600.006 by revising paragraphs (c)(5), (e), and (g)(3)(ii) to read as follows:

Sec. 600.006 Data and information requirements for fuel economy data vehicles.

* * * * *

(c) * * *

(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. * * * * *

(e) In lieu of submitting actual data from a test vehicle, a manufacturer may provide fuel economy and CO2 emission values derived from a previously tested vehicle, where the fuel economy and CO2 emissions are expected to be equivalent (or less fuel-efficient and with higher CO2 emissions). Additionally, in lieu of submitting actual data from a test vehicle, a manufacturer may provide fuel economy and CO2 emission values derived from an analytical expression, e.g., regression analysis. In order for fuel economy and CO2 emission values derived from analytical methods to be accepted, the expression (form and coefficients) must have been approved by the Administrator. * * * * *

(g) * * *

(3) * * *

(ii)(A) The manufacturer shall adjust 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 = CO2 emission data adjusted to 4,000-mile test point. TEST = Tested emissions value of CO2 in grams per mile. mi = System miles accumulated at the start of the test rounded to the nearest whole mile.

(B) Emissions test values and results used and determined in the calculations in this paragraph (g)(3)(ii) shall be rounded in accordance with Sec. 86.1837 of this chapter as applicable. Round results to the nearest gram per mile. * * * * *

0 51. Amend Sec. 600.007 by revising paragraphs (b)(5) and (6), (c), and (f) introductory text to read as follows:

Sec. 600.007 Vehicle acceptability.

* * * * *

(b) * * *

(5) The calibration information submitted under Sec. 600.006(b) must be representative of the vehicle configuration for which the fuel economy and CO2 emission data were submitted.

(6) Any vehicle tested for fuel economy or CO2 emissions must be representative of a vehicle which the manufacturer intends to produce under the provisions of a certificate of conformity. * * * * *

(c) If, based on review of the information submitted under Sec. 600.006(b), the Administrator determines that a fuel economy data vehicle meets the requirements of this section, the fuel economy data vehicle will be judged to be acceptable and fuel economy data from that fuel economy data vehicle will be reviewed pursuant to Sec. 600.008. * * * * *

(f) All vehicles used to generate fuel economy data, and for which emission standards apply, must be covered by a certificate of conformity under part 86 of this chapter before: * * * * *

0 52. Amend Sec. 600.008 by revising the section heading and paragraph (a)(1)(ii) to read as follows:

Sec. 600.008 Review of fuel economy and CO2 emission data, testing by the Administrator.

(a) * * *

(1) * * *

(ii) The evaluations, testing, and test data described in this section pertaining to fuel economy shall also be performed for CO2 emissions, except that CO2 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 emission value from the test results associated with the lowest selected fuel economy results. * * * * *

0 53. Amend Sec. 600.010 by revising paragraphs (c)(1)(ii) and (d) to read as follows:

Sec. 600.010 Vehicle test requirements and minimum data requirements.

* * * * *

(c) * * *

(1) * * *

(ii)(A) FTP and HFET data from the highest projected model year sales subconfiguration within the highest projected model year sales vehicle 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 vehicle 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. * * * * *

(d) Minimum data requirements for the manufacturer's average fuel economy. For the purpose of calculating the manufacturer's average fuel economy 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 vehicle configuration, for each category identified for calculation under Sec. 600.510- 12(a)(1).

0 54. Revise the heading of subpart B as set forth above.

0 55. Amend Sec. 600.101 by: 0 a. Revising paragraph (a)(2); and 0 b. Removing and reserving paragraph (b)(2).

The revision reads as follows:

Sec. 600.101 Testing overview.

* * * * *

(a) * * *

(2) Calculate fuel economy values for vehicle subconfigurations, configurations, base levels, and model types as described in Sec. Sec. 600.206 and 600.208. Calculate fleet average values for fuel economy as described in Sec. 600.510. Note that Sec. 600.510(c) describes how to use CREE to determine fuel consumption improvement values for specific cases. * * * * *

0 56. Amend Sec. 600.111-08 by revising paragraph (h) to read as follows:

Sec. 600.111-08 Test procedures.

* * * * *

(h) Special test procedures. We may allow or require you to use procedures other than those specified in this section as described in 40 CFR 1066.10(c). 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, we may conduct fuel economy and exhaust emission testing using the special test procedures approved for a specific vehicle.

0 57. Amend Sec. 600.113-12 by: 0 a. Revising the section heading, introductory text, and paragraph (g); 0 b. Removing and reserving paragraphs (h)(2), (i)(2), (j)(2), (k)(2), (l)(2), (m)(2); 0 c. Revising paragraph (n); 0 d. Removing and reserving paragraph (o)(2); and 0 e. Revising paragraph (p).

The revisions read as follows:

Sec. 600.113-12 Fuel economy and CO2 emission calculations for FTP, HFET, US06, SC03 and cold temperature FTP tests.

The Administrator will use the calculation procedure set forth in this section for all official EPA testing of vehicles fueled with gasoline, diesel, alcohol-based or natural gas fuel. The calculations of the weighted fuel economy values require input of the weighted grams/mile values for total hydrocarbons (HC), carbon monoxide (CO), and carbon dioxide (CO2); and, additionally for methanol- fueled automobiles, methanol (CH3OH) and formaldehyde (HCHO); and, additionally for ethanol-fueled automobiles, methanol (CH3OH), ethanol (C2H5OH), acetaldehyde (C2H4O), and formaldehyde (HCHO); and additionally for natural gas-fueled vehicles, non-methane hydrocarbons (NMHC) and methane (CH4). 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 values shall be calculated as specified in this section. An example fuel economy calculation appears in appendix II to this part. * * * * *

(g) Calculate separate FTP, highway, US06, SC03 and Cold temperature FTP fuel economy values 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) [Reserved]

(3) The specific gravity and the carbon mass fraction (obtained per paragraph (f) of this section) shall be recorded using three places to the right of the decimal point. Net heat of combustion shall be recorded using three places to the right of the decimal point if expressed in MJ/kg, or the nearest whole number if expressed in Btu/lb. * * * * *

(n) Manufacturers may use a value of 0 grams CO2 per mile to represent the emissions of electric vehicles and the electric operation of plug-in hybrid electric vehicles derived from electricity generated from sources that are not onboard the vehicle. * * * * *

(p) Equations for fuels other than those specified in this section may be used with advance EPA approval. Alternate calculation methods for fuel economy 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 58. Amend Sec. 600.114-12 by revising the section heading and introductory text to read as follows:

Sec. 600.114-12 Vehicle-specific 5-cycle fuel economy CO2 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. 86.1869-12 of this chapter and to calculate 5-cycle CO2 values for the purpose of fuel economy labeling under subpart D of this part. * * * * *

0 59. Amend Sec. 600.116-12 by revising paragraphs (a)(11)(iii)(E), (c) introductory text, (c)(1), (c)(2), (c)(5), and (c)(6)(iii) to read as follows:

Sec. 600.116-12 Special procedures related to electric vehicles and hybrid electric vehicles.

(a) * * *

(11) * * *

(iii) * * *

(E) A description of each test group and vehicle configuration that will use the 5-cycle adjustment factor, including the battery capacity of the vehicle used to generate the 5-cycle adjustment factor and the battery capacity of all the vehicle configurations to which it will be applied. * * * * *

(c) Determine performance values for hybrid electric vehicles that have plug-in capability as specified in Sec. Sec. 600.210 and 600.311 using the procedures of SAE J1711 (incorporated by reference, see Sec. 600.011), with the following clarifications and modifications:

(1) Calculate fuel economy values representing combined operation during charge-depleting and charge-sustaining operation using the following utility factors, except as otherwise specified in this paragraph (c):

Table 1 to Paragraph (c)(1)--Fleet Utility Factors for Urban “City”

Driving

Schedule range for UDDS phases,

miles Cumulative UF Sequential 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 to Paragraph (c)(1)--Fleet Utility Factors for Highway Driving

Schedule range for HFET, miles Cumulative UF Sequential 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) Determine fuel economy values to demonstrate compliance with CAFE standards as follows:

(i) For vehicles that are not dual fueled automobiles, determine fuel economy using the utility factors specified in paragraph (c)(1) of this section. Do not use the petroleum-equivalence factors described in 10 CFR 474.3.

(ii) Except as described in paragraph (c)(2)(iii) of this section, determine fuel economy for dual fueled automobiles from the following equation, separately for city and highway driving: Equation 2 to Paragraph (c)(2)(ii) [GRAPHIC] [TIFF OMITTED] TR18FE26.022

Where:

MPGgas = The miles per gallon measured while operating on gasoline during charge-sustaining operation as determined using the procedures of SAE J1711. MPGeelec = The miles per gallon equivalent measured while operating on electricity. Calculate this value by dividing the equivalent all-electric range determined from the equation in Sec. 86.1866-12(b)(2)(ii) by the corresponding measured Watt-hours of energy consumed; apply the appropriate petroleum-equivalence factor from 10 CFR 474.3 to convert Watt-hours to gallons equivalent. Note that if vehicles use no gasoline during charge-depleting operation, MPGeelec is the same as the charge-depleting fuel economy specified in SAE J1711.

(iii) For 2016 and later model year dual fueled automobiles, you may determine fuel economy based on the following equation, separately for city and highway driving: Equation 3 to Paragraph (c)(2)(iii) [GRAPHIC] [TIFF OMITTED] TR18FE26.023

Where:

UF = The appropriate utility factor for city or highway driving specified in paragraph (c)(1) of this section. * * * * *

(5) Instead of the utility factors specified in paragraphs (c)(1) through (3) 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.): Equation 4 to Paragraph (c)(5) [GRAPHIC] [TIFF OMITTED] TR18FE26.024

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 5 of this section). di = the distance driven in phase i. ND = the normalized distance. Use ND = 399 for all types of driving, and for both CAFE fleet values and multi-day individual values for labeling. Cj = the coefficient for term j from the following table:

Table 5 to Paragraph (c)(5)--City/Highway Specific Utility Factor Coefficients

Fleet values for CAFE Multi-day individual

-------------------------------- values for labeling

j ------------------------

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.

(6) * * *

(iii) For charge-sustaining tests, we may approve alternate Net Energy Change/Fuel Ratio tolerances as specified in Appendix C of SAE J1711 to correct final fuel economy values and CO2 emissions. For charge-sustaining tests, do not use alternate Net Energy Change/Fuel Ratio tolerances to correct emissions of criteria pollutants. Additionally, if we approve an alternate

End-of-Test criterion or Net Energy Change/Fuel Ratio tolerances for a specific vehicle, we may use the alternate criterion or tolerances for any testing we conduct on that vehicle. * * * * *

0 60. Amend Sec. 600.117 by: 0 a. Revising paragraph (a)(1); 0 b. Removing and reserving paragraph (a)(5); and 0 c. Revising paragraphs (a)(6) and (b) to read as follows:

The revisions read as follows:

Sec. 600.117 Interim provisions.

(a) * * *

(1) Except as specified in paragraphs (a)(5) and (6) of this section, manufacturers must determine fuel economy values using E0 gasoline test fuel as specified in 40 CFR 86.113-04(a)(1), regardless of any testing with E10 test fuel specified in 40 CFR 1065.710(b) under paragraph (a)(2) of this section. * * * * *

(6) Manufacturers may alternatively determine fuel economy values using E10 gasoline test fuel as specified in 40 CFR 1065.710(b). Calculate fuel economy using the equation specified in Sec. 600.113- 12(o)(1) based on measured CO2 results without adjusting to account for fuel effects. * * * * *

(b) For model years 2027 through 2029, manufacturers may determine fuel economy values using data with E0 test fuel from testing for earlier model years, subject to the carryover provisions of 40 CFR 86.1839 and Sec. 600.006. Calculate fuel economy using the equation specified in Sec. 600.113-12(h)(1) based on measured CO2 results without adjusting to account for fuel effects. * * * * *

0 61. Amend Sec. 600.206-12 by revising paragraphs (a) introductory text, (a)(4) introductory text, (b), and (c) 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. 600.113-12(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. * * * * *

(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 vehicle configuration. * * * * *

(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 vehicle 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 vehicle configuration.

0 62. Amend Sec. 600.207-12 by revising paragraphs (a)(1), (a)(4) introductory text, (b), and (c) 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) * * *

(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 vehicle configuration. Note that the appropriate vehicle-specific CO2 values for fuel economy labels based on 5-cycle testing with E10 test fuel are adjusted as described in Sec. 600.114-12. * * * * *

(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 vehicle configuration. * * * * *

(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 5-cycle fuel economy for that vehicle 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 vehicle configuration.

0 63. Amend Sec. 600.210-12 by revising paragraph (b) to read as follows:

Sec. 600.210-12 Calculation of fuel economy and CO2 emission values for labeling.

* * * * *

(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 vehicle 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 vehicle 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 vehicle configuration fuel economy determined in Sec. 600.207, rounded to the nearest mpg, and the city and highway vehicle 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 vehicle configuration using the equation below and coefficients determined by the Administrator:

[GRAPHIC] [TIFF OMITTED] TR18FE26.025

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 vehicle 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 vehicle configuration using the equation below and coefficients determined by the Administrator:

Derived 5-cycle City CO2 = City Intercept + City Slope [middot] 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 vehicle configuration FTP-based city CO2 emissions determined under Sec. 600.206, rounded to the nearest 0.1 grams per mile. Note that the appropriate Config FTP CO2 input values for fuel economy labels based on testing with E10 test fuel are adjusted as referenced in Sec. 600.206- 12(a)(2)(iii).

(ii)(A) Determine the derived five-cycle highway fuel economy of the vehicle configuration using the equation below and coefficients determined by the Administrator: [GRAPHIC] [TIFF OMITTED] TR18FE26.026

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 vehicle 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 vehicle configuration using the equation below and coefficients determined by the Administrator:

Derived 5-cycle city Highway CO2 = Highway Intercept + Highway Slope [middot] 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 vehicle configuration highway fuel economy determined under Sec. 600.206, rounded to the nearest tenth. Note that the appropriate Config HFET CO2 input values for fuel economy labels based on testing with E10 test fuel are adjusted as referenced in Sec. 600.206-12(a)(2)(iii).

(iii) The slopes and intercepts of paragraph (a)(2)(iii) of this section apply.

(3) Specific alternative fuel economy and CO2emissions label values for dual fuel vehicles. (i) Determine an alternative fuel label value for dual fuel vehicles, rounded to the nearest whole number, as follows:

(A) Specific city and highway fuel economy label values for dual fuel alcohol-based and natural gas vehicles when using the alternative fuel are separately determined by the following calculation: [GRAPHIC] [TIFF OMITTED] TR18FE26.027

Where:

FEalt = The unrounded FTP-based vehicle configuration city or HFET-based vehicle configuration highway fuel economy from the alternative fuel, as determined in Sec. 600.206. 5cycle FEgas = The unrounded vehicle-specific or derived 5-cycle vehicle configuration 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 vehicle configuration highway fuel economy from gasoline, as determined in Sec. 600.206.

(B) Specific city and highway CO2 emission label values for dual fuel alcohol-based and natural gas vehicles when using the alternative fuel are separately determined by the following calculation: [GRAPHIC] [TIFF OMITTED] TR18FE26.028

Where:

CO2alt = The unrounded FTP-based vehicle configuration city or HFET-based vehicle configuration highway CO2 emissions value from the alternative fuel, as determined in Sec. 600.206. 5cycle CO2gas = The unrounded vehicle-specific or derived 5-cycle vehicle 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 vehicle configuration highway CO2 emissions value from gasoline, as determined in Sec. 600.206.

(ii) Optionally, if complete 5-cycle testing has been performed using the alternative fuel, the manufacturer may choose to use the alternative 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 alternative 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. * * * * *