Protect Migratory Birds,'' helps to further the purposes of the MBTA by
requiring a Federal agency to develop a Memorandum of Understanding
(MOU) with the Fish and Wildlife Service when it is taking an action
that has (or is likely to have) a measurable negative impact on
migratory bird populations.
    The agency concludes that the MBTA, BGEPA, and Executive Order
13186 do not apply to NHTSA's Decision because

there is no disturbance and/or take involved in NHTSA's Decision.
11. Department of Transportation Act (Section 4(f))
    Section 4(f) of the Department of Transportation Act of 1966 (49
U.S.C. 303), as amended by Pub. Law 109-59, is designed to preserve
publicly owned parklands, waterfowl and wildlife refuges, and
significant historic sites. Specifically, Section 4(f) of the
Department of Transportation Act provides that DOT agencies cannot
approve a transportation program or project that requires the use of
any publicly owned land from a significant public park, recreation
area, or wildlife and waterfowl refuge, or any land from a significant
historic site, unless a determination is made that:
    (1) There is no feasible and prudent alternative to the use of
land, and
    (2) The program or project includes all possible planning to
minimize harm to the property resulting from use, or
    (3) A transportation use of Section 4(f) property results in a de
minimis impact.
    The agency concludes that Section 4(f) is not applicable to NHTSA's
Decision because this rulemaking does not require the use of any
publicly owned land.
12. Regulatory Flexibility Act
    Pursuant to the Regulatory Flexibility Act (5 U.S.C. 601 et seq.,
as amended by the Small Business Regulatory Enforcement Fairness Act
(SBREFA) of 1996), whenever an agency is required to publish a notice
of rulemaking for any proposed or final rule, it must prepare and make
available for public comment a regulatory flexibility analysis that
describes the effect of the rule on small entities (i.e., small
businesses, small organizations, and small governmental jurisdictions).
The Small Business Administration's regulations at 13 CFR part 121
define a small business, in part, as a business entity ``which operates
primarily within the United States.'' 13 CFR 121.105(a). No regulatory
flexibility analysis is required if the head of an agency certifies the
rule will not have a significant economic impact of a substantial
number of small entities.
    I certify that this final rule will not have a significant economic
impact on a substantial number of small entities. The following is
NHTSA's statement providing the factual basis for the certification (5
U.S.C. 605(b)).
    The final rule directly affects 19 large single stage motor vehicle
manufacturers.\1409\ According to current information, the final rule
would also affect a total of about 21 entities that fit the Small
Business Administration's criteria for a small business. According to
the Small Business Administration's small business size standards (see
13 CFR 121.201), a single stage automobile or light truck manufacturer
(NAICS code 336111, Automobile Manufacturing; 336112, Light Truck and
Utility Vehicle Manufacturing) must have 1,000 or fewer employees to
qualify as a small business. There are about 4 small manufacturers,
including 3 electric vehicle manufacturers, 8 independent commercial
importers, and 9 alternative fuel vehicle converters in the passenger
car and light truck market which are small businesses. We believe that
the rulemaking would not have a significant economic impact on these
small vehicle manufacturers because under 49 CFR part 525, passenger
car manufacturers making fewer than 10,000 vehicles per year can
petition NHTSA to have alternative standards set for those
manufacturers. Manufacturers that produce only electric vehicles, or
that modify vehicles to make them electric or some other kind of
dedicated alternative fuel vehicle, will have average fuel economy
values far beyond those presented today, so we would not expect them to
need a petition for relief. A number of other small vehicle
manufacturers already petition the agency for relief under Part 525. If
the standard is raised, it has no meaningful impact on those
manufacturers, because they are expected to still go through the same
process to petition for relief. Given that there is already a mechanism
for handling small businesses, which is the purpose of the Regulatory
Flexibility Act, and that no comments were received on this issue, a
regulatory flexibility analysis was not prepared.
---------------------------------------------------------------------------

    \1409\ BMW, Daimler (Mercedes), Fiat/Chrysler (which also
includes Ferrari and Maserati for CAFE compliance purposes), Ford,
Geely (Volvo), General Motors, Honda, Hyundai, Kia, Lotus, Mazda,
Mitsubishi, Nissan, Porsche, Subaru, Suzuki, Tata (Jaguar Land
Rover), Toyota, and Volkswagen/Audi.
---------------------------------------------------------------------------

13. Executive Order 13132 (Federalism)
    Executive Order 13132 requires NHTSA to develop an accountable
process to ensure ``meaningful and timely input by State and local
officials in the development of regulatory policies that have
federalism implications.'' \1410\ The Order defines the term ``Policies
that have federalism implications'' to include regulations that 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.'' Under
the Order, NHTSA may not issue a regulation that has federalism
implications, that imposes substantial direct compliance costs, and
that is not required by statute, unless the Federal government provides
the funds necessary to pay the direct compliance costs incurred by
State and local governments, or NHTSA consults with State and local
officials early in the process of developing the proposed regulation.
NHTSA and EPA consulted extensively with California and other states in
the development of the proposal, and several state agencies provided
comments to the proposed standards.
---------------------------------------------------------------------------

    \1410\ 64 FR 43255 (Aug. 10, 1999).
---------------------------------------------------------------------------

    Additionally, in his January 26 memorandum, the President requested
NHTSA to ``consider whether any provisions regarding preemption are
consistent with the EISA, the Supreme Court's decision in Massachusetts
v. EPA and other relevant provisions of law and the policies underlying
them.'' Comments were received on this topic, but NHTSA is deferring
consideration of the preemption issue. The agency believes that it is
unnecessary to address the issue further at this time because of the
consistent and coordinated Federal standards that will apply nationally
under the National Program.
14. Executive Order 12988 (Civil Justice Reform)
    Pursuant to Executive Order 12988, ``Civil Justice Reform,'' \1411\
NHTSA has considered whether this rulemaking would have any retroactive
effect. This final rule does not have any retroactive effect.
---------------------------------------------------------------------------

    \1411\ 61 FR 4729 (Feb. 7, 1996).
---------------------------------------------------------------------------

15. Unfunded Mandates Reform Act
    Section 202 of the Unfunded Mandates Reform Act of 1995 (UMRA)
requires Federal agencies to prepare a written assessment of the costs,
benefits, and other effects of a proposed or final rule that includes a
Federal mandate likely to result in the expenditure by State, local, or
tribal governments, in the aggregate, or by the private sector, of more
than $100 million in any one year (adjusted for inflation with base
year of 1995). Adjusting this amount by the implicit gross domestic
product price deflator for 2010 results in $136 million (111.000/81.606
= 1.36). Before promulgating a rule for which a written statement is
needed, section 205 of UMRA generally requires NHTSA to identify and
consider a reasonable number of regulatory alternatives and adopt the
least costly, most cost-

effective, or least burdensome alternative that achieves the objectives
of the rule. The provisions of section 205 do not apply when they are
inconsistent with applicable law. Moreover, section 205 allows NHTSA to
adopt an alternative other than the least costly, most cost-effective,
or least burdensome alternative if the agency publishes with the final
rule an explanation of why that alternative was not adopted.
    This final rule will not result in the expenditure by State, local,
or tribal governments, in the aggregate, of more than $136 million
annually, but it will result in the expenditure of that magnitude by
vehicle manufacturers and/or their suppliers. In promulgating this
final rule, NHTSA considered a variety of alternative average fuel
economy standards lower and higher than those proposed. NHTSA is
statutorily required to set standards at the maximum feasible level
achievable by manufacturers based on its consideration and balancing of
relevant factors and has concluded that the final fuel economy
standards are the maximum feasible standards for the passenger car and
light truck fleets for MYs 2012-2016 in light of the statutory
considerations.
16. Regulation Identifier Number
    The Department of Transportation assigns a regulation identifier
number (RIN) to each regulatory action listed in the Unified Agenda of
Federal Regulations. The Regulatory Information Service Center
publishes the Unified Agenda in April and October of each year. You may
use the RIN contained in the heading at the beginning of this document
to find this action in the Unified Agenda.
17. Executive Order 13045
    Executive Order 13045 \1412\ applies to any rule that: (1) Is
determined to be economically significant as defined under E.O. 12866,
and (2) concerns an environmental, health, or safety risk that NHTSA
has reason to believe may have a disproportionate effect on children.
If the regulatory action meets both criteria, we must evaluate the
environmental, health, or safety effects of the final rule on children,
and explain why the final regulation is preferable to other potentially
effective and reasonably foreseeable alternatives considered by us.
---------------------------------------------------------------------------

    \1412\ 62 FR 19885 (Apr. 23, 1997).
---------------------------------------------------------------------------

    As noted in Chapter 4 of NHTSA's Final EIS, the criteria pollutants
assessed in the agencies have been shown to cause a range of adverse
health effects at various concentrations and exposures, including:
Damage to lung tissue, reduced lung function, exacerbation of existing
respiratory and cardiovascular diseases, difficulty breathing,
irritation of the upper respiratory tract, bronchitis and pneumonia,
educed resistance to respiratory infections, alterations to the body's
defense systems against foreign materials, reduced delivery of oxygen
to the body's organs and tissues, impairment of the brain's ability to
function properly, cancer and premature death. When these gases and
particles accumulate in the air in high enough concentrations, they can
harm humans, especially children, the elderly, the ill, and other
sensitive individuals.
    Diesel Particulate Matter (DPM) is a component of diesel exhaust.
DPM particles are very fine, with most particles smaller than 1 micron,
and their small size allows inhaled DPM to reach the lungs. Particles
typically have a carbon core coated with condensed organic compounds
such as POM, which include mutagens and carcinogens. EPA classifies
many of the compounds included in the POM class as probable human
carcinogens based on animal data. Polycyclic aromatic hydrocarbons
(PAHs) are a subset of POM that contains only hydrogen and carbon
atoms. Studies have found that maternal exposures to Polycyclic
aromatic hydrocarbons (PAHs) in a population of pregnant women were
associated with several adverse birth outcomes, including low birth
weight and reduced length at birth, and impaired cognitive development
in preschool children (3 years of age) (Perera et al. 2003, 2006).
    As noted in Chapter 5 of the Final EIS, potential increases in
allergens under a changing climate could increase respiratory health
risks, particularly for children. Recent research has projected
increases in weed pollen and grass pollen under various climate change
simulations; these allergens are known to exacerbate children's asthma
and cause hospitalizations (Sheffield and Landrigan 2011 citing
H[eacute]guy et al. 2008, Schmier and Ebi 2009, and Ziska et al. 2008).
Consistent with earlier studies, increased temperatures from climate
change are projected to increase ground[hyphen]level ozone
concentrations, triggering asthma attacks among children (Bernstein and
Myers 2011). Exposure to smoke from forest fires, which are likely to
occur more frequently in the future, cause asthma and respiratory
illnesses in children (Bernstein and Myers 2011 citing Liu et al. 2010,
Bernstein and Mysers 2011 citing Kunzli et al. 2006).
    Additionally, the Final EIS notes that substantial morbidity and
childhood mortality has been linked to water- and food-borne diseases.
A recent study investigates how six regions in the tropics and
subtropics--including South America, North Africa, the Middle East,
equatorial Africa, southern Africa, and Southeast Asia, all of which
have high incidence of dehydration and diarrhea--could experience
increases in diarrhea incidence as average temperatures rise. This
study estimates an average temperature increase of 4 [deg]C (7.2
[deg]F) over land in the study area by the end of the century, compared
to a 1961 to 1990 baseline, based on an ensemble average of 19 climate
models using a moderate (A1B) emission scenario. A relatively simple
linear regression relationship was developed between diarrhea incidence
and temperature increase based on the results of five independent
studies. Applying this relationship, the projected mean increase in the
relative risk of contracting diarrhea across the six study regions is
eight to 11 percent in the period 2010 to 2039, 15 to 20 percent in the
period 2040 to 2069, and 22 to 29 percent in the period 2070 to 2099
(Kolstad and Johansson 2011). Climate change is also projected to
affect the rates of water[hyphen] and food[hyphen]borne diseases.
Currently, foodborne diseases cause an estimated 5,000 deaths, 325,000
hospitalizations, and 76 million illnesses annually in the United
States (Ge et al. 2011 citing Mead et al. 1999). A new study tested how
climate change can affect the spread of Salmonella. Both extended
dryness and heavy rain were tested, and the authors found that these
conditions facilitated the transfer of Salmonella typhimurium into the
edible portions of lettuce and green onion when Salmonella was present
in the soil. If climate change were to cause excessive drought or heavy
rain, it could increase the risk of disease outbreaks (Ge et al. 2011).
    In the United States, Lyme disease is a common vector[hyphen]borne
disease, with children between the ages of 5 and 9 having the highest
incidence of infection (Bernstein and Myers 2011 citing Bacon et al.
2008). In response to warming temperatures, populations of the black
legged tick (Ixodes scapularis, often known as the deer tick) have been
expanding and increasing in number across North America northward
toward Canada and lower Michigan in the United States (Bernstein and
Myers 2011 citing Ogden et al. 2010).
    Globally, there has been an increase in cases of skin cancer over
the past several decades, due in part to increased exposure to
UV[hyphen]B radiation caused by

factors such as lifestyle changes and stratospheric ozone depletion.
Studies suggest that higher temperatures contribute to the development
of skin carcinoma, and one new study estimates that a long[hyphen]term
temperature increase of 2 [deg]C (3.6[emsp14][deg]F) compared to 1990
temperatures could raise the carcinogenesis effects of UV radiation by
10 percent (Andersen 2011 citing van der Leun and de Gruijl 2002).
    The impacts of climate change on food and water security will be
particularly burdensome on children, who are more susceptible to
malnutrition and disease (Sheffield and Landrigan 2011). In the Sahel
region of Africa, expanding arid climates could hinder agricultural
production, resulting in an increase in malnutrition, stunting, and
anemia throughout the population. By 2025, an additional six million
people in Mali, Africa--of which one million are children--are at
heightened risk of malnutrition due to climate and livelihood changes
from increasing temperatures and decreased rainfall across the region.
As the arid region expands, it is projected that approximately 250,000
children will suffer stunting, 200,000 children will be malnourished,
and more than 100,000 will be anemic (Jankowska et al. 2012).
    Thus, as detailed in the Final EIS, NHTSA has evaluated the
environmental, health, and safety effects of the rule on children and
fetuses. The Final EIS also explains why the standards are preferable
to other potentially effective and reasonably foreseeable alternatives
considered by the agency.
18. National Technology Transfer and Advancement Act
    Section 12(d) of the National Technology Transfer and Advancement
Act (NTTAA) requires NHTSA to evaluate and use existing voluntary
consensus standards in its regulatory activities unless doing so would
be inconsistent with applicable law (e.g., the statutory provisions
regarding NHTSA's vehicle safety authority) or otherwise impractical.
    Voluntary consensus standards are technical standards developed or
adopted by voluntary consensus standards bodies. Technical standards
are defined by the NTTAA as ``performance-base or design-specific
technical specification and related management systems practices.''
They pertain to ``products and processes, such as size, strength, or
technical performance of a product, process or material.''
    Examples of organizations generally regarded as voluntary consensus
standards bodies include the American Society for Testing and Materials
(ASTM), the Society of Automotive Engineers (SAE), and the American
National Standards Institute (ANSI). If NHTSA does not use available
and potentially applicable voluntary consensus standards, we are
required by the Act to provide Congress, through OMB, an explanation of
the reasons for not using such standards.
    There are currently no voluntary consensus standards relevant to
today's final CAFE standards.
19. Executive Order 13211
    Executive Order 13211 \1413\ applies to any rule that: (1) is
determined to be economically significant as defined under E.O. 12866,
and is likely to have a significant adverse effect on the supply,
distribution, or use of energy; or (2) that is designated by the
Administrator of the Office of Information and Regulatory Affairs
(OIRA) as a significant regulatory action. If the regulatory action
meets either criterion, we must evaluate the adverse energy effects of
the final rule and explain why the final regulation is preferable to
other potentially effective and reasonably foreseeable alternatives
considered by us.
---------------------------------------------------------------------------

    \1413\ 66 FR 28355 (May 22, 2001).
---------------------------------------------------------------------------

    The final rule seeks to establish passenger car and light truck
fuel economy standards that will reduce the consumption of petroleum
and will not have any adverse energy effects. Accordingly, this final
rulemaking action is not designated as a significant energy action.
20. Department of Energy Review
    In accordance with 49 U.S.C. 32902(j)(1), we submitted this final
rule to the Department of Energy for review. That Department did not
make any comments that we have not addressed.
21. Privacy Act
    Anyone is able to search the electronic form of all comments
received into any of our dockets by the name of the individual
submitting the comment (or signing the comment, if submitted on behalf
of an organization, business, labor union, etc.). You may review DOT's
complete Privacy Act statement in the Federal Register (65 FR 19477-78,
April 11, 2000) or you may visit http://www.dot.gov/privacy.html.

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, Incorporation by reference, Labeling, Motor vehicle
pollution, Reporting and recordkeeping requirements.

40 CFR Part 600

    Administrative practice and procedure, Electric power, Fuel
economy, Labeling, Reporting and recordkeeping requirements.

49 CFR Part 523, 531, and 533

    Fuel Economy.

49 CFR Part 536 and 537

    Fuel economy, 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 F--[Amended]

0
2. Section 85.525 is amended by adding paragraph (a)(2)(i)(D) to read
as follows:

Sec.  85.525  Applicable standards.

* * * * *
    (a) * * *
    (2) * * *
    (i) * * *
    (D) Optionally, compliance with greenhouse gas emission
requirements may be demonstrated by comparing emissions from the
vehicle prior to the fuel conversion to the emissions after the fuel
conversion. This comparison must be based on FTP test results from the
emission data vehicle (EDV) representing the pre-conversion test group.
The sum of CO2, CH4, and N2O shall be
calculated for pre- and post-conversion FTP test results, where
CH4 and N2O are weighted by their global warming
potentials of 25 and 298, respectively. The post-conversion sum of
these emissions must be lower than the pre-conversion conversion
greenhouse gas emission results. CO2 emissions are
calculated as specified in 40 CFR 600.113-12. If statements of

compliance are applicable and accepted in lieu of measuring
N2O, as permitted by EPA regulation, the comparison of the
greenhouse gas results also need not measure or include N2O
in the before and after emission comparisons.
* * * * *

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.

0
4. Section 86.1 is revised to read as follows:

Sec.  86.1  Reference materials.

    (a) Documents listed in this section have been incorporated by
reference into this part. The Director of the Federal Register approved
the incorporation by reference as prescribed in 5 U.S.C. 552(a) and 1
CFR part 51. Anyone may inspect copies at the U.S. EPA, Air and
Radiation Docket and Information Center, 1301 Constitution Ave. NW.,
Room B102, EPA West Building, Washington, DC 20460,<PHONE_NUMBER>, or
at the National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, call 202-741-
6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
    (b) American Society for Testing and Materials (ASTM). Anyone may
purchase copies of these materials from American Society for Testing
and Materials at 100 Barr Harbor Drive, P.O. Box C700, West
Conshohocken, PA, 19428-2959,<PHONE_NUMBER>, or http://www.astm.org/.
    (1) ASTM C1549-09, Standard Test Method for Determination of Solar
Reflectance Near Ambient Temperature Using a Portable Solar
Reflectometer, approved August 1, 2009, IBR approved for Sec.  86.1869-
12(b).
    (2) ASTM D975-04c, Standard Specification for Diesel Fuel Oils,
published 2004, IBR approved for Sec. Sec.  86.213-11, 86.1910.
    (3) ASTM D1945-91, Standard Test Method for Analysis of Natural Gas
by Gas Chromatography, published 1991, IBR approved for Sec. Sec.
86.113-94, 86.513-94, 86.1213-94, 86.1313-94.
    (4) ASTM D2163-91, Standard Test Method for Analysis of Liquefied
Petroleum (LP) Gases and Propane Concentrates by Gas Chromatography,
published 1991, IBR approved for Sec. Sec.  86.113-94, 86.1213-94,
86.1313-94.
    (5) ASTM D2986-95a (Reapproved 1999), Standard Practice for
Evaluation of Air Assay Media by the Monodisperse DOP (Dioctyl
Phthalate) Smoke Test, published 1999, IBR approved for Sec.  86.1310-
2007.
    (6) ASTM D5186-91, Standard Test Method for Determination of
Aromatic Content of Diesel Fuels by Supercritical Fluid Chromatography,
published 1991, IBR approved for Sec. Sec.  86.113-07, 86.1313-91,
86.1313-94, 86.1313-98, 86.1313-2007.
    (7) ASTM E29-67 (Reapproved 1980), Standard Recommended Practice
for Indicating Which Places of Figures Are To Be Considered Significant
in Specified Limiting Values, published 1980, IBR approved for Sec.
86.1105-87.
    (8) ASTM E29-90, Standard Practice for Using Significant Digits in
Test Data to Determine Conformance with Specifications, published 1990,
IBR approved for Sec. Sec.  86.609-84, 86.609-96, 86.609-97, 86.609-98,
86.1009-84, 86.1009-96, 86.1442, 86.1708-99, 86.1709-99, 86.1710-99,
86.1728-99.
    (9) ASTM E29-93a, Standard Practice for Using Significant Digits in
Test Data to Determine Conformance with Specifications, published 1993,
IBR approved for Sec. Sec.  86.004-15, 86.007-11, 86.007-15, 86.098-15,
86.1803-01, 86.1823-01, 86.1824-01, 86.1825-01, 86.1837-01.
    (10) ASTM E903-96, Standard Test Method for Solar Absorptance,
Reflectance, and Transmittance of Materials Using Integrating Spheres,
approved April 10, 1996, IBR approved for Sec.  86.1869-12(b).
    (11) ASTM E1918-06, Standard Test Method for Measuring Solar
Reflectance of Horizontal and Low-Sloped Surfaces in the Field,
approved August 15, 2006, IBR approved for Sec.  86.1869-12(b).
    (12) ASTM F1471-93, Standard Test Method for Air Cleaning
Performance of a High-Efficiency Particulate Air-Filter System,
published 1993, IBR approved Sec.  86.1310-2007.
    (c) American National Standards Institute (ANSI). Anyone may
purchase copies of these materials from American National Standards
Institute, 25 W 43rd Street, 4th Floor, New York, NY 10036, (212) 642-
4900, http://www.ansi.org.
    (1) ANSI/AGA NGV1-1994, Standard for Compressed Natural Gas Vehicle
(NGV) Fueling Connection Devices, 1994, IBR approved for Sec. Sec.
86.001-9, 86.004-9, 86.098-8, 86.099-8, 86.099-9, 86.1810-01.
    (2) [Reserved]
    (d) California Air Resources Board, 1001 I Street, Sacramento, CA,
95812,<PHONE_NUMBER>, http://www.arb.ca.gov.
    (1) California Regulatory Requirements Applicable to the ``LEV II''
Program, including:
    (i) California Non-Methane Organic Gas Test Procedures, August 5,
1999, IBR approved for Sec. Sec.  86.1803-01, 86.1810-01, 86.1811-04.
    (ii) [Reserved]
    (2) California Regulatory Requirements Applicable to the National
Low Emission Vehicle Program, October 1996, IBR approved for Sec. Sec.
86.113-04, 86.612-97, 86.1012-97, 86.1702-99, 86.1708-99, 86.1709-99,
86.1717-99, 86.1735-99, 86.1771-99, 86.1775-99, 86.1776-99, 86.1777-99,
Appendix XVI, Appendix XVII.
    (3) California Regulatory Requirements known as On-board
Diagnostics II (OBD-II), Approved on April 21, 2003, Title 13,
California Code Regulations, Section 1968.2, Malfunction and Diagnostic
System Requirements for 2004 and Subsequent Model-Year Passenger Cars,
Light-Duty Trucks, and Medium-Duty Vehicles and Engines (OBD-II), IBR
approved for Sec.  86.1806-05.
    (4) California Regulatory Requirements known as On-board
Diagnostics II (OBD-II), Approved on November 9, 2007, Title 13,
California Code Regulations, Section 1968.2, Malfunction and Diagnostic
System Requirements for 2004 and Subsequent Model-Year Passenger Cars,
Light-Duty Trucks, and Medium-Duty Vehicles and Engines (OBD-II), IBR
approved for Sec. Sec.  86.007-17, 86.1806-05.
    (e) International Organization for Standardization (ISO). Anyone
may purchase copies of these materials from International Organization
for Standardization, Case Postale 56, CH-1211 Geneva 20, Switzerland,
41-22-749-01-11, http://www.iso.org.
    (1) ISO 9141-2, Road vehicles--Diagnostic systems--Part 2: CARB
requirements for interchange of digital information, February 1, 1994,
IBR approved for Sec. Sec.  86.005-17, 86.007-17, 86.099-17, 86.1806-
01, 86.1806-04, 86.1806-05.
    (2) ISO 14230-4:2000(E), Road vehicles--Diagnostic systems--KWP
2000 requirements for emission-related systems, June 1, 2000, IBR
approved for Sec. Sec.  86.005-17, 86.007-17, 86.099-17, 86.1806-01,
86.1806-04, 86.1806-05.
    (3) ISO 15765-4.3:2001, Road Vehicles--Diagnostics on Controller
Area Networks (CAN)--Part 4: Requirements for emissions-related
systems, December 14, 2001, IBR approved for Sec. Sec.  86.005-17,
86.007-17, 86.1806-04, 86.1806-05.
    (4) ISO 15765-4:2005(E), Road Vehicles--Diagnostics on Controller
Area Networks (CAN)--Part 4: Requirements for emissions-related
systems, January 15, 2005, IBR approved

for Sec. Sec.  86.007-17, 86.010-18, 86.1806-05.
    (5) ISO 13837:2008(E), Road Vehicles--Safety glazing materials--
Method for the determination of solar transmittance, First edition,
April 15, 2008, IBR approved for Sec.  86.1869-12(b).
    (f) National Institute of Standards and Technology (NIST). Anyone
may purchase copies of these materials from National Institute of
Standards and Technology, 100 Bureau Drive, Gaithersburg, MD, 20899,
http://www.nist.gov.
    (1) NIST Special Publication 811, Guide for the Use of the
International System of Units (SI), 1995 Edition, IBR approved for
Sec.  86.1901.
    (2) [Reserved]
    (g) Society of Automotive Engineers (SAE). Anyone may purchase
copies of these materials from Society of Automotive Engineers, 400
Commonwealth Dr., Warrendale, PA 15096-0001,<PHONE_NUMBER> (U.S. and
Canada) or<PHONE_NUMBER> (outside the U.S. and Canada), http://
www.sae.org.
    (1) SAE J1151, Methane Measurement Using Gas Chromatography,
December 1991, (as found in 1994 SAE Handbook--SAE International
Cooperative Engineering Program, Volume 1: Materials, Fuels, Emissions,
and Noise; Section 13 and page 170 (13.170)), IBR approved for
Sec. Sec.  86.111-94; 86.1311-94.
    (2) SAE J1634, Electric Vehicle Energy Consumption and Range Test
Procedure, Cancelled October 2002, IBR approved for Sec.  86.1811-
04(n).
    (3) SAE J1349, Engine Power Test Code--Spark Ignition and
Compression Ignition, June 1990, IBR approved for Sec. Sec.  86.094-8,
86.096-8.
    (4) 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.  86.1811-04(n).
    (5) SAE J1850, Class B Data Communication Network Interface, July
1995, IBR approved for Sec. Sec.  86.099-17, 86.1806-01.
    (6) SAE J1850, Class B Data Communication Network Interface,
Revised May 2001, IBR approved for Sec. Sec.  86.005-17, 86.007-17,
86.1806-04, 86.1806-05.
    (7) SAE J1877, Recommended Practice for Bar-Coded Vehicle
Identification Number Label, July 1994, IBR approved for Sec. Sec.
86.095-35, 86.1806-01.
    (8) SAE J1892, Recommended Practice for Bar-Coded Vehicle Emission
Configuration Label, October 1993, IBR approved for Sec. Sec.  86.095-
35, 86.1806-01.
    (9) SAE J1930, Electrical/Electronic Systems Diagnostic Terms,
Definitions, Abbreviations, and Acronyms, Revised May 1998, IBR
approved for Sec. Sec.  86.004-38, 86.007-38, 86.010-38, 86.096-38,
86.1808-01, 86.1808-07.
    (10) SAE J1930, Electrical/Electronic Systems Diagnostic Terms,
Definitions, Abbreviations, and Acronyms--Equivalent to ISO/TR 15031-2:
April 30, 2002, Revised April 2002, IBR approved for Sec. Sec.  86.005-
17, 86.007-17, 86.010-18, 86.1806-04, 86.1806-05.
    (11) SAE J1937, Engine Testing with Low Temperature Charge Air
Cooler Systems in a Dynamometer Test Cell, November 1989, IBR approved
for Sec. Sec.  86.1330-84, 86.1330-90.
    (12) SAE J1939, Recommended Practice for a Serial Control and
Communications Vehicle Network, Revised October 2007, IBR approved for
Sec. Sec.  86.010-18.
    (13) SAE J1939-11, Physical Layer--250K bits/s, Shielded Twisted
Pair, December 1994, IBR approved for Sec. Sec.  86.005-17, 86.1806-05.
    (14) SAE J1939-11, Physical Layer--250K bits/s, Shielded Twisted
Pair, Revised October 1999, IBR approved for Sec. Sec.  86.005-17,
86.007-17, 86.1806-04, 86.1806-05.
    (15) SAE J1939-13, Off-Board Diagnostic Connector, July 1999, IBR
approved for Sec. Sec.  86.005-17, 86.007-17, 86.1806-04, 86.1806-05.
    (15) SAE J1939-13, Off-Board Diagnostic Connector, Revised March
2004, IBR approved for Sec.  86.010-18.
    (16) SAE J1939-21, Data Link Layer, July 1994, IBR approved for
Sec. Sec.  86.005-17, 86.1806-05.
    (18) SAE J1939-21, Data Link Layer, Revised April 2001, IBR
approved for Sec. Sec.  86.005-17, 86.007-17, 86.1806-04, 86.1806-05.
    (19) SAE J1939-31, Network Layer, Revised December 1997, IBR
approved for Sec. Sec.  86.005-17, 86.007-17, 86.1806-04, 86.1806-05.
    (20) SAE J1939-71, Vehicle Application Layer, May 1996, IBR
approved for Sec. Sec.  86.005-17, 86.1806-05.
    (21) SAE J1939-71, Vehicle Application Layer--J1939-71 (through
1999), Revised August 2002, IBR approved for Sec. Sec.  86.005-17,
86.007-17, 86.1806-04, 86.1806-05.
    (22) SAE J1939-71, Vehicle Application Layer (Through February
2007), Revised January 2008, IBR approved for Sec.  86.010-38.
    (23) SAE J1939-73, Application Layer--Diagnostics, February 1996,
IBR approved for Sec. Sec.  86.005-17, 86.1806-05.
    (24) SAE J1939-73, Application Layer--Diagnostics, Revised June
2001, IBR approved for Sec. Sec.  86.005-17, 86.007-17, 86.1806-04,
86.1806-05.
    (25) SAE J1939-73, Application Layer--Diagnostics, Revised
September 2006, IBR approved for Sec. Sec.  86.010-18, 86.010-38.
    (26) SAE J1939-81, Recommended Practice for Serial Control and
Communications Vehicle Network Part 81--Network Management, July 1997,
IBR approved for Sec. Sec.  86.005-17, 86.007-17, 86.1806-04, 86.1806-
05.
    (27) SAE J1939-81, Network Management, Revised May 2003, IBR
approved for Sec.  86.010-38.
    (28) SAE J1962, Diagnostic Connector, January 1995, IBR approved
for Sec. Sec.  86.099-17, 86.1806-01.
    (29) SAE J1962, Diagnostic Connector Equivalent to ISO/DIS 15031-3;
December 14, 2001, Revised April 2002, IBR approved for Sec. Sec.
86.005-17, 86.007-17, 86.010-18, 86.1806-04, 86.1806-05.
    (30) SAE J1978, OBD II Scan Tool--Equivalent to ISO/DIS 15031-4;
December 14, 2001, Revised April 2002, IBR approved for Sec. Sec.
86.005-17, 86.007-17, 86.010-18, 86.1806-04, 86.1806-05.
    (31) SAE J1979, E/E Diagnostic Test Modes, July 1996, IBR approved
for Sec. Sec.  86.099-17, 86.1806-01.
    (32) SAE J1979, E/E Diagnostic Test Modes, Revised September 1997,
IBR approved for Sec. Sec.  86.004-38, 86.007-38, 86.010-38, 86.096-38,
86.1808-01, 86.1808-07.
    (33) SAE J1979, E/E Diagnostic Test Modes--Equivalent to ISO/DIS
15031-5; April 30, 2002, Revised April 2002, IBR approved for
Sec. Sec.  86.005-17, 86.007-17, 86.099-17, 86.1806-01, 86.1806-04,
86.1806-05.
    (34) SAE J1979, (R) E/E Diagnostic Test Modes, Revised May 2007,
IBR approved for Sec.  86.010-18, 86.010-38.
    (35) SAE J2012, Recommended Practice for Diagnostic Trouble Code
Definitions, July 1996, IBR approved for Sec. Sec.  86.099-17, 86.1806-
01.
    (36) SAE J2012, (R) Diagnostic Trouble Code Definitions Equivalent
to ISO/DIS 15031-6: April 30, 2002, Revised April 2002, IBR approved
for Sec. Sec.  86.005-17, 86.007-17, 86.010-18, 86.1806-04, 86.1806-05.
    (37) SAE J2064 FEB2011, R134a Refrigerant Automotive Air-
Conditioned Hose, Revised February 2011, IBR approved for Sec.
86.1867-12(a) and (b).
    (38) SAE J2284-3, High Speed CAN (HSC) for Vehicle Applications at
500 KBPS, May 2001, IBR approved for Sec. Sec.  86.096-38, 86.004-38,
86.007-38, 86.010-38, 86.1808-01, 86.1808-07.
    (39) SAE J2403, Medium/Heavy-Duty E/E Systems Diagnosis
Nomenclature--Truck and Bus, Revised August 2007, IBR approved for
Sec. Sec.  86.007-17, 86.010-18, 86.010-38, 86.1806-05.
    (40) SAE J2534, Recommended Practice for Pass-Thru Vehicle
Programming, February 2002, IBR approved for Sec. Sec.  86.004-38,
86.007-38,

86.010-38, 86.096-38, 86.1808-01, 86.1808-07.
    (41) SAE J2534-1, (R) Recommended Practice for Pass-Thru Vehicle
Programming, Revised December 2004, IBR approved for Sec.  86.010-38.
    (42) SAE J2727 FEB2012, Mobile Air Conditioning System Refrigerant
Emission Charts for R-134a and R-1234yf, Revised February 2012, IBR
approved for Sec.  86.1867-12(a) and (b).
    (43) SAE J2765 OCT2008, Procedure for Measuring System COP
[Coefficient of Performance] of a Mobile Air Conditioning System on a
Test Bench, issued October 2008, IBR approved for Sec.  86.1868-12(h).
    (h) Truck and Maintenance Council, 950 North Glebe Road, Suite 210,
Arlington, VA 22203-4181,<PHONE_NUMBER>.
    (1) TMC RP 1210B, Revised June 2007, WINDOWSTMCOMMUNICATION API,
IBR approved for Sec.  86.010-38.
    (2) [Reserved]

Subpart B--[Amended]

0
5. Section 86.111-94 is amended by revising paragraph (b) introductory
text to read as follows:

Sec.  86.111-94  Exhaust gas analytical system.

* * * * *
    (b) Major component description. The exhaust gas analytical system,
Figure B94-7, consists of a flame ionization detector (FID) (heated,
235[deg] 15[emsp14][deg]F (113[deg]  8 [deg]C)
for methanol-fueled vehicles) for the determination of THC, a methane
analyzer (consisting of a gas chromatograph combined with a FID) for
the determination of CH4, non-dispersive infrared analyzers
(NDIR) for the determination of CO and CO2, a
chemiluminescence analyzer (CL) for the determination of
NOX, and an analyzer meeting the requirements specified in
40 CFR 1065.275 for the determination of N2O. A heated flame
ionization detector (HFID) is used for the continuous determination of
THC from petroleum-fueled diesel-cycle vehicles (may also be used with
methanol-fueled diesel-cycle vehicles), Figure B94-5 (or B94-6). The
analytical system for methanol consists of a gas chromatograph (GC)
equipped with a flame ionization detector. The analysis for
formaldehyde is performed using high-pressure liquid chromatography
(HPLC) of 2,4-dinitrophenylhydrazine (DNPH) derivatives using
ultraviolet (UV) detection. The exhaust gas analytical system shall
conform to the following requirements:
* * * * *

0
6. Section 86.135-12 is amended by revising paragraphs (a) and (d) to
read as follows:

Sec.  86.135-12  Dynamometer procedure.

    (a) Overview. The dynamometer run consists of two tests, a ``cold''
start test, after a minimum 12-hour and a maximum 36-hour soak
according to the provisions of Sec. Sec.  86.132 and 86.133, and a
``hot'' start test following the ``cold'' start by 10 minutes. Engine
startup (with all accessories turned off), operation over the UDDS, and
engine shutdown make a complete cold start test. Engine startup and
operation over the first 505 seconds of the driving schedule complete
the hot start test. The exhaust emissions are diluted with ambient air
in the dilution tunnel as shown in Figure B94-5 and Figure B94-6. A
dilution tunnel is not required for testing vehicles waived from the
requirement to measure particulates. Six particulate samples are
collected on filters for weighing; the first sample plus backup is
collected during the first 505 seconds of the cold start test; the
second sample plus backup is collected during the remainder of the cold
start test (including shutdown); the third sample plus backup is
collected during the hot start test. Continuous proportional samples of
gaseous emissions are collected for analysis during each test phase.
For gasoline-fueled, natural gas-fueled and liquefied petroleum gas-
fueled Otto-cycle vehicles, the composite samples collected in bags are
analyzed for THC, CO, CO2, CH4, NOX,
and N2O. For petroleum-fueled diesel-cycle vehicles
(optional for natural gas-fueled, liquefied petroleum gas-fueled and
methanol-fueled diesel-cycle vehicles), THC is sampled and analyzed
continuously according to the provisions of Sec.  86.110-94. Parallel
samples of the dilution air are similarly analyzed for THC, CO,
CO2, CH4, NOX, and N2O. For
natural gas-fueled, liquefied petroleum gas-fueled and methanol-fueled
vehicles, bag samples are collected and analyzed for THC (if not
sampled continuously), CO, CO2, CH4,
NOX, and N2O. For methanol-fueled vehicles,
methanol and formaldehyde samples are taken for both exhaust emissions
and dilution air (a single dilution air formaldehyde sample, covering
the total test period may be collected). For ethanol-fueled vehicles,
methanol, ethanol, acetaldehyde, and formaldehyde samples are taken for
both exhaust emissions and dilution air (a single dilution air
formaldehyde sample, covering the total test period may be collected).
Parallel bag samples of dilution air are analyzed for THC, CO,
CO2, CH4, NOX, and N2O.
* * * * *
    (d) Practice runs over the prescribed driving schedule may be
performed at test point, provided an emission sample is not taken, for
the purpose of finding the appropriate throttle action to maintain the
proper speed-time relationship, or to permit sampling system
adjustment. Both smoothing of speed variations and excessive
accelerator pedal perturbations are to be avoided. When using two-roll
dynamometers a truer speed-time trace may be obtained by minimizing the
rocking of the vehicle in the rolls; the rocking of the vehicle changes
the tire rolling radius on each roll. This rocking may be minimized by
restraining the vehicle horizontally (or nearly so) by using a cable
and winch.
* * * * *

0
7. Section 86.165-12 is amended by revising paragraphs (c)(1) and (2)
to read as follows:

Sec.  86.165-12  Air conditioning idle test procedure.

* * * * *
    (c) * * *
    (1) Ambient humidity within the test cell during all phases of the
test sequence shall be controlled to an average of 40-60 grains of
water/pound of dry air.
    (2) Ambient air temperature within the test cell during all phases
of the test sequence shall be controlled to 73-80 [deg]F on average and
75  5 [deg]F as an instantaneous measurement. Air
temperature shall be recorded continuously at intervals of not more
than 30 seconds.
* * * * *

Sec.  86.166-12  [Removed and Reserved]

0
8. Section 86.166-12 is removed and reserved:

0
9. Section 86.167-17 is added to read as follows:

Sec.  86.167-17  AC17 Air Conditioning Emissions Test Procedure.

    (a) Overview. The AC17 test procedure consists of four elements: a
pre-conditioning cycle, a 30-minute soak period under simulated solar
heat, followed by measurement of emissions over an SC03 drive cycle and
a Highway Fuel Economy Driving Schedule (HFET) drive cycle. The vehicle
is preconditioned with a single UDDS to bring the vehicle to a warmed-
up stabilized condition. This preconditioning is followed by a 30
minute vehicle soak (engine off) that proceeds directly into the SC03
driving

schedule, during which continuous proportional samples of gaseous
emissions are collected for analysis. The SC03 driving schedule is
followed immediately by the HFET cycle, during which continuous
proportional samples of gaseous emissions are collected for analysis.
This entire sequence is conducted in an environmental test facility.
Vehicles are tested for any or all of the following emissions,
depending upon the specific test requirements and the vehicle fuel
type: gaseous exhaust THC, NMHC, NMOG, CO, NOX,
CO2, N2O, CH4, CH3OH,
C2H5OH, C2H4O, and HCHO.
For purposes of measuring the impact of air conditioning systems on
CO2 emissions, this sequence is run twice: once with air
conditioning on and once with air conditioning off. The following
figure shows the basic sequence of the test procedure.
    (b) Equipment requirements. Equipment requirements are specified in
subpart B of part 86 of this chapter.
    (c) Fuel specifications. The test fuel specifications are given in
Sec.  86.113. Test fuels representing fuel types for which there are no
specifications provided in Sec.  86.113 may be used if approved in
advance by the Administrator.
    (d) Analytical gases. The analytical gases must meet the criteria
given in Sec.  86.114.
    (e) Driving cycles. (1) The driving schedules for the EPA Urban
Dynamometer Driving Schedule (UDDS) and the SC03 cycle are contained in
appendix I of this part. The driving schedule for the Highway Fuel
Economy Driving Schedule (HFET) is set forth in appendix I of part 600
of this chapter.
    (2) The speed tolerance at any given time on the driving schedules
is defined by upper and lower limits. The upper limit is 2 mph higher
than the highest point on trace within 1 second of the given time. The
lower limit is 2 mph lower than the lowest point on the trace within 1
second of the given time. Speed variations greater than the tolerances
(such as may occur during gear changes) are acceptable provided they
occur for less than 2 seconds on any occasion. Speeds lower than those
prescribed are acceptable provided the vehicle is operated at maximum
available power during such occurrences.
    (f) Equipment calibration. The equipment used for fuel economy
testing must be calibrated according to the provisions of Sec.  86.116.
    (g) Vehicle preparation. The vehicle shall be prepared for testing
according to Sec.  86.132(a) through (g), concluding with a 12-36 hour
soak.
    (h) Dynamometer procedures. (1) The AC17 test procedure consists of
a pre-conditioning UDDS, a 30-minute soak period under simulated solar
heat, followed by measurement of emissions over an SC03 drive cycle and
a Highway Fuel Economy Driving Schedule (HFET) drive cycle.
    (2) 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.
    (3) Use Sec.  86.129 to determine road load power and test weight.
The dynamometer's horsepower adjustment settings shall be set such that
the force imposed during dynamometer operation matches actual road load
force at all speeds.
    (4) Tests shall be run on a large single roll electric dynamometer
or an equivalent dynamometer configuration that satisfies the
requirements of Sec.  86.108-00.
    (5) The vehicle speed as measured from the dynamometer rolls shall
be used. A speed vs. time recording, as evidence of dynamometer test
validity, shall be supplied at request of the Administrator.
    (6) The drive wheel tires may be inflated up to a gauge pressure of
45 psi (310 kPa), or the manufacturer's recommended pressure if higher
than 45 psi, in order to prevent tire damage. The drive wheel tire
pressure shall be reported with the test results.
    (7) The driving distance, as measured by counting the number of
dynamometer roll or shaft revolutions, shall be determined separately
for each driving schedule over which emissions are measured (SC03, and
HFET).
    (8) Four-wheel drive and all-wheel drive vehicles may be tested
either in a four-wheel drive or a two-wheel drive mode of operation. In
order to test in the two-wheel drive mode, four-wheel drive and all-
wheel drive vehicles may have one set of drive wheels disengaged; four-
wheel and all-wheel drive vehicles which can be shifted to a two-wheel
mode by the driver may be tested in a two-wheel drive mode of
operation.
    (i) Testing facility requirements. (1) Ambient air temperature. (i)
Ambient air temperature shall be controlled within the test cell during
all emission sampling phases of the test sequence to 77  2
[deg]F on average and 77  5 [deg]F as an instantaneous
measurement. During phases of the test where emissions are not being
sampled, ambient air temperature shall be controlled to these same
tolerances, except that periods outside the specified ranges are
allowed to occur as long as the total cumulative time outside the
specified ranges does not exceed three minutes.
    (ii) Record air temperature continuously at intervals of not more
than 30 seconds. Alternatively, you may use a moving average over
intervals of not more than 30 seconds to record and report air
temperature. You must maintain records of test cell air temperatures
and values of average test temperatures.
    (2) Ambient humidity. (i) Ambient humidity shall be controlled,
within the test cell, during all emission sampling phases of the test
sequence to an average of 69  5 grains of water/pound of
dry air and an instantaneous measurement of 69  10 grains
of water/pound of dry air. During phases of the test where emissions
are not being sampled, ambient humidity shall be controlled to these
same tolerances, except that periods outside the specified ranges are
allowed to occur as long as the total cumulative time outside the
specified ranges does not exceed three minutes.
    (ii) Humidity shall be recorded continuously at intervals of not
more than 30 seconds. Records of cell humidity and values of average
test humidity shall be maintained by the manufacturer.
    (3) Solar heat loading. The requirements of Sec.  86.161-00(d)
regarding solar heat loading specifications shall apply. The solar load
of 850 W/m\2\ is applied only during specified portions of the test
sequence.
    (4) Minimum test cell size. The requirements of Sec.  86.161-00(c)
regarding test cell size requirements shall apply.
    (5) Test cell air flow requirements. The requirements of Sec.
86.161-00(e) regarding air flow supplied to the vehicle shall apply.
Air flow at a maximum of 4 miles/hour may be provided during periods of
idle and key-off soak if required for maintenance of ambient
requirements.
    (j) Interior temperature measurement. The interior temperature of
the vehicle shall be measured during all the emission sampling phases
of the test.
    (1) Interior temperatures shall be measured by placement of
thermocouples at the following locations:
    (i) The outlet of the center duct on the dash.
    (ii) Behind the driver and passenger seat headrests. The location
of the temperature measuring devices shall be 30 mm behind each
headrest.
    (2) The temperature at each location shall be recorded a minimum of
every 5 seconds.

    (k) Air conditioning system settings. For tests being conducted to
measure emissions with the air conditioning operating, the air
conditioner settings shall be as follows:
    (1) Automatic systems shall be set to automatic and the temperature
control set to 72 deg F, with blower or fan speed and vent location
controlled by the automatic mode.
    (2) Manual systems shall be set at the start of the SC03 drive
cycle to full cool with the fan on the highest setting and the airflow
setting to ``recirculation.'' Within the first idle period of the SC03
drive cycle (186 to 204 seconds) the fan speed shall be reduced to the
setting closest to 6 volts at the motor, the temperature setting shall
be adjusted to provide 55 deg F at the center dash air outlet, and the
airflow setting changed to ``outside air.''
    (l) Test procedure. The AC17 air conditioning test is composed of
the following sequence of activities.
    (1) Position the test vehicle on the dynamometer (vehicle may be
driven) and restrain.
    (2)(i) Position the variable speed cooling fan in front of the test
vehicle with the vehicle's hood down. This air flow should provide
representative cooling at the front of the test vehicle (air
conditioning condenser and engine) during the driving cycles. See Sec.
86.161-00(e) for a discussion of cooling fan specifications.
    (ii) In the case of vehicles with rear engine compartments (or if
this front location provides inadequate engine cooling), an additional
cooling fan shall be placed in a position to provide sufficient air to
maintain vehicle cooling. The fan capacity shall normally not exceed
5300 cfm (2.50 m\3\/s). If, however, it can be demonstrated that during
road operation the vehicle receives additional cooling, and that such
additional cooling is needed to provide a representative test, the fan
capacity may be increased or additional fans used if approved in
advance by the Administrator.
    (3) Open all vehicle windows.
    (4) Connect the emission test sampling system to the vehicle's
exhaust tail pipe(s).
    (5) Set the environmental test cell ambient test conditions to the
conditions defined in paragraph (c) of this section, except that the
solar heat shall be off.
    (6) Set the air conditioning system controls to off.
    (7) Start the vehicle (with air conditioning system off) and
conduct a preconditioning EPA urban dynamometer driving cycle (Sec.
86.115).
    (i) If engine stalling should occur during any air conditioning
test cycle operation, follow the provisions of Sec.  86.136-90 (Engine
starting and restarting).
    (ii) For manual transmission vehicles, the vehicle shall be shifted
according the provisions of Sec.  86.128-00.
    (8) Following the preconditioning cycle, the test vehicle and
cooling fan(s) are turned off, all windows are rolled up, and the
vehicle is allowed to soak in the ambient conditions of paragraph (i)
of this section for 30 1 minutes. If emissions are being
measured with the air conditioner operating, the solar heat system must
be turned on and generating 850 W/m\2\ within 1 minute of turning the
engine off. Otherwise the solar heat system shall be turned off.
    (9) Initiate data logging, sampling of exhaust gases, and
integrating measured values. Start the engine. If emissions are being
measured with the air conditioner operating, you must start the engine
with the air conditioning system running as specified in paragraph (k)
of this section. Otherwise the air conditioning system should be
completely off. Initiate the driver's trace when the engine starts.
Fifteen seconds after the engine starts, place vehicle in gear.
    (10) Eighteen seconds after the engine starts, begin the initial
vehicle acceleration of the SC03 driving schedule.
    (11) Operate the vehicle according to the SC03 driving schedule, as
described in appendix I, paragraph (h), of this part.
    (12) At the end of the deceleration which is scheduled to occur at
594 seconds, simultaneously stop all SC03 and start all HFET sampling,
recording, and integrating; including background sampling. Record the
measured roll or shaft revolutions.
    (13) Allow the vehicle to idle for 14-16 seconds.
    (14) Operate the vehicle according to the HFET driving schedule, as
described in appendix I to 40 CFR part 600.
    (15) Turn the engine off 2 seconds after the end of the last
deceleration, i.e., engine off at 765 seconds.
    (16) Five seconds after the engine stops running, stop all HFET
sampling, recording, and integrating (including background sampling),
indicating the end of the test cycle. Record the measured roll or shaft
revolutions.
    (17) Turn off the solar heat system, if applicable.
    (m) Calculations. The final reported test results for each emission
constituent being evaluated is the average of the SC03 and HFET gram
per mile emissions, which shall be calculated using the following
formula:
[GRAPHIC] [TIFF OMITTED] TR15OC12.037

Where:

YWM = Weighted mass emissions of each pollutant, i.e.,
THC, CO, THCE, NMHC, NMHCE, CH4, NOX, or
CO2, in grams per vehicle mile.
YSC03 = Mass emissions as calculated from the SC03 phase
of the test, in grams per test phase.
DSC03 = The measured driving distance from the SC03 phase
of the test, in miles.
YHFET = Mass emissions as calculated from the HFET phase
of the test, in grams per test phase.
DHFET = The measured driving distance from the HFET phase
of the test, in miles.

    (n) Measuring the net impact of air conditioner operation. This
test may be used to determine the net impact of air conditioner
operation as may be required under Sec.  86.1868, which requires that
CO2 be measured using the procedures in this section with
both air conditioning on and off. To do this, you must follow these
steps:
    (1) Conduct the test procedure described in this section with the
air conditioning system operating, being sure to follow the appropriate
instructions regarding air conditioner operation and use of the solar
heat system. Analyze the data and calculate the weighted CO2
emissions in grams per mile according to paragraph (m) of this section.
    (2) Allow the vehicle to remain on the dynamometer, with the engine
shut off, for 10 to 15 minutes after emissions sampling has concluded.
The solar heat system should be turned off.
    (3) Conduct the test procedure described in paragraph (l) of this
section with the air conditioning system turned off, being sure to
follow the appropriate instructions regarding air conditioner operation
(off) and use of the solar heat system (off). Analyze the data and
calculate the weighted CO2 emissions in

grams per mile according to paragraph (m) of this section.
    (4) Calculate the incremental CO2 emissions due to air
conditioning operation by subtracting the CO2 grams per mile
determined in paragraph (n)(3) of this section from the CO2
grams per mile determined in paragraph (n)(1) of this section.
    (o) Records required and reporting requirements. For each test the
manufacturer shall record the information specified in Sec.  86.142-90.
Emission results and the results of all calculations must be reported
for each phase of the test. The manufacturer must also report the
following information for each vehicle tested: vehicle class, model
type, carline, curb weight engine displacement, transmission class and
configuration, interior volume, climate control system type and
characteristics, refrigerant used, compressor type, and evaporator/
condenser characteristics.

Subpart S--[Amended]

0
10. Section 86.1801-12 is amended by revising paragraphs (b), (j), and
(k) introductory text to read as follows:

Sec.  86.1801-12  Applicability.

* * * * *
    (b) Clean alternative fuel conversions. The provisions of this
subpart apply to clean alternative fuel conversions as defined in 40
CFR 85.502, of all model year light-duty vehicles, light-duty trucks,
medium duty passenger vehicles, and complete Otto-cycle heavy-duty
vehicles.
* * * * *
    (j) Exemption from greenhouse gas emission standards for small
businesses. (1) Manufacturers that qualify as a small business under
the Small Business Administration regulations in 13 CFR part 121 are
exempt from the greenhouse gas emission standards specified in Sec.
86.1818-12 and in associated provisions in this part and in part 600 of
this chapter. This exemption applies to both U.S.-based and non-U.S.-
based businesses. The following categories of businesses (with their
associated NAICS codes) may be eligible for exemption based on the
Small Business Administration size standards in 13 CFR 121.201.
    (i) Vehicle manufacturers (NAICS code 336111).
    (ii) Independent commercial importers (NAICS codes 811111, 811112,
811198, 423110, 424990, and 441120).
    (iii) Alternate fuel vehicle converters (NAICS codes 335312,
336312, 336322, 336399, 454312, 485310, and 811198).
    (2)(i) Effective for the 2013 and later model years, a manufacturer
that would otherwise be exempt under the provisions of paragraph (j)(1)
of this section may optionally comply with the greenhouse gas emission
standards specified in Sec.  86.1818. A manufacturer making this choice
is required to comply with all the applicable standards and provisions
in Sec.  86.1818 and with all associated and applicable provisions in
this part and in part 600 of this chapter.
    (ii) Such a manufacturer may optionally earn credits in the 2012
model year by demonstrating fleet average CO2 emission
levels below the fleet average CO2 standard that would have
been applicable in model year 2012 if the manufacturer had not been
exempt. Once the small business manufacturer opting into the greenhouse
gas emission standards completes certification for the 2013 model year,
that manufacturer will be eligible to generate greenhouse gas emission
credits for their 2012 model year production, after the conclusion of
the 2012 model year for that manufacturer. Manufacturers electing to
earn these 2012 credits must comply with the model year reporting
requirements in Sec.  600.512-12 for that model year. The 2012 fleet
average must be calculated according to Sec.  600.510 and other
applicable requirements in part 600 of this chapter, and 2012 credits
must be calculated according to Sec.  86.1865 and other applicable
requirements in this part.
    (k) Conditional exemption from greenhouse gas emission standards.
Manufacturers meeting the eligibility requirements described in
paragraphs (k)(1) and (2) of this section may request a conditional
exemption from compliance with the emission standards described in
Sec.  86.1818-12(c) through (e) and associated provisions in this part
and in part 600 of this chapter. A conditional exemption under this
paragraph (k) may be requested for the 2012 through 2016 model years.
The terms ``sales'' and ``sold'' as used in this paragraph (k) shall
mean vehicles produced for U.S. sale, where ``U.S.'' means the states
and territories of the United States. For the purpose of determining
eligibility the sales of related companies shall be aggregated
according to the provisions of Sec.  86.1838-01(b)(3) or, if a
manufacturer has been granted operational independence status under
Sec.  86.1838(d), eligibility shall be based on vehicle production of
that manufacturer.
* * * * *

0
11. Section 86.1803-01 is amended as follows:
0
a. By adding definitions for ``full size pickup truck'', ``good
engineering judgment'', ``gross combination weight rating'', mild
hybrid electric vehicle'', ``platform'', and ``strong hybrid electric
vehicle'' in alphabetical order.
0
b. By revising the definitions for ``emergency vehicle'',
``footprint'', and ``gross vehicle weight rating.''
    The revisions and additions read as follows:

Sec.  86.1803-01  Definitions.

* * * * *
    Emergency vehicle means one of the following:
    (1) For the greenhouse gas emission standards in Sec.  86.1818,
emergency vehicle means a motor vehicle manufactured primarily for use
as an ambulance or combination ambulance-hearse or for use by the
United States Government or a State or local government for law
enforcement.
    (2) For provisions related to defeat devices and other AECDs under
this subpart, emergency vehicle means a motor vehicle that is an
ambulance or a fire truck.
* * * * *
    Footprint is the product of average track width (rounded to the
nearest tenth of an inch) and wheelbase (measured in inches and rounded
to the nearest tenth of an inch), divided by 144 and then rounded to
the nearest tenth of a square foot, where the average track width is
the average of the front and rear track widths, where each is measured
in inches and rounded to the nearest tenth of an inch.
* * * * *
    Full size pickup truck means a light truck which has a passenger
compartment and an open cargo box and which meets the following
specifications:
    (1) A minimum cargo bed width between the wheelhouses of 48 inches,
measured as the minimum lateral distance between the limiting
interferences (pass-through) of the wheelhouses. The measurement shall
exclude the transitional arc, local protrusions, and depressions or
pockets, if present. An open cargo box means a vehicle where the cargo
box does not have a permanent roof or cover. Vehicles produced with
detachable covers are considered ``open'' for the purposes of these
criteria.
    (2) A minimum open cargo box length of 60 inches, where the length
is defined by the lesser of the pickup bed length at the top of the
body or the pickup bed length at the floor, where the length at

the top of the body is defined as the longitudinal distance from the
inside front of the pickup bed to the inside of the closed endgate as
measured at the height of the top of the open pickup bed along vehicle
centerline, and the length at the floor is defined as the longitudinal
distance from the inside front of the pickup bed to the inside of the
closed endgate as measured at the cargo floor surface along vehicle
centerline.
    (3)(i) A minimum towing capability of 5,000 pounds, where minimum
towing capability is determined by subtracting the gross vehicle weight
rating from the gross combined weight rating; or
    (ii) A minimum payload capability of 1,700 pounds, where minimum
payload capability is determined by subtracting the curb weight from
the gross vehicle weight rating.
* * * * *
    Good engineering judgment has the meaning given in 40 CFR 1068.30.
See 40 CFR 1068.5 for the administrative process we use to evaluate
good engineering judgment.
    Gross combination weight rating (GCWR) means the value specified by
the vehicle manufacturer as the maximum weight of a loaded vehicle and
trailer, consistent with good engineering judgment.
* * * * *
    Gross vehicle weight rating (GVWR) means the value specified by the
manufacturer as the maximum design loaded weight of a single vehicle,
consistent with good engineering judgment.
* * * * *
    Mild hybrid electric vehicle means a hybrid electric vehicle that
has start/stop capability and regenerative braking capability, where
the recovered energy over the Federal Test Procedure is at least 15
percent but less than 65 percent of the total braking energy, as
measured and calculated according to Sec.  600.116-12(c).
* * * * *
    Platform means a segment of an automobile manufacturer's vehicle
fleet in which the vehicles have a degree of commonality in
construction (primarily in terms of body and chassis design). Platform
does not consider the model name, brand, marketing division, or level
of decor or opulence, and is not generally distinguished by such
characteristics as powertrain, roof line, number of doors, seats, or
windows. A platform may include vehicles from various fuel economy
classes, and may include light-duty vehicles, light-duty trucks, and
medium-duty passenger vehicles.
* * * * *
    Strong hybrid electric vehicle means a hybrid electric vehicle that
has start/stop capability and regenerative braking capability, where
the recovered energy over the Federal Test Procedure is at least 65
percent of the total braking energy, as measured and calculated
according to Sec.  600.116-12(c).
* * * * *

0
12. Section 86.1810-09 is amended 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) and the CO2,
N2O, and CH4 exhaust emission standards described
in Sec.  86.1818-12, manufacturers must submit an engineering
evaluation indicating that common calibration approaches are utilized
at high altitudes (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
13. Section 86.1818-12 is amended as follows:
0
a. By revising paragraphs (c)(2)(i)(A) through (C).
0
b. By revising paragraphs (c)(3)(i)(A) through (C).
0
c. By adding paragraph (c)(3)(i)(D).
0
d. By adding paragraph (c)(4).
0
e. By revising paragraph (d).
0
f. By revising paragraph (e)(1) introductory text.
0
g. By revising paragraph (e)(1)(i) introductory text.
0
h. By revising paragraph (e)(1)(i)(B).
0
i. By adding paragraph (e)(1)(i)(D).
0
j. By adding paragraph (e)(1)(iv).
0
k. By revising paragraph (e)(3).
0
l. By revising paragraph (f) introductory text.
0
m. By revising paragraphs (f)(3) and (4).
0
n. By adding paragraphs (g) and (h).
    The additions and revisions read as follows:

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

* * * * *
    (c) * * *
    (2) * * *
    (i) * * *
    (A) For passenger automobiles with a footprint of less than or
equal to 41 square feet, the gram/mile CO2 target value
shall be selected for the appropriate model year from the following
table:

------------------------------------------------------------------------
                                                            CO2 target
                       Model year                         value  (grams/
                                                               mile)
------------------------------------------------------------------------
2012....................................................           244.0
2013....................................................           237.0
2014....................................................           228.0
2015....................................................           217.0
2016....................................................           206.0
2017....................................................           195.0
2018....................................................           185.0
2019....................................................           175.0
2020....................................................           166.0
2021....................................................           157.0
2022....................................................           150.0
2023....................................................           143.0
2024....................................................           137.0
2025 and later..........................................           131.0
------------------------------------------------------------------------

    (B) For passenger automobiles with a footprint of greater than 56
square feet, the gram/mile CO2 target value shall be
selected for the appropriate model year from the following table:

------------------------------------------------------------------------
                                                            CO2 target
                       Model year                         value  (grams/
                                                               mile)
------------------------------------------------------------------------
2012....................................................           315.0
2013....................................................           307.0
2014....................................................           299.0
2015....................................................           288.0
2016....................................................           277.0
2017....................................................           263.0
2018....................................................           250.0
2019....................................................           238.0
2020....................................................           226.0
2021....................................................           215.0
2022....................................................           205.0
2023....................................................           196.0
2024....................................................           188.0
2025 and later..........................................           179.0
------------------------------------------------------------------------

    (C) For passenger automobiles with a footprint that is greater than
41 square feet and less than or equal to 56 square feet, the gram/mile
CO2 target value shall be calculated using the following
equation and rounded to the nearest 0.1 grams/mile, except that for any
vehicle footprint the maximum CO2 target value shall be the
value specified for the same model year in paragraph (c)(2)(i)(B) of
this section:

Target CO2 = [a x f] + b

Where:

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

------------------------------------------------------------------------
                       Model year                            a       b
------------------------------------------------------------------------
2012....................................................    4.72    50.5
2013....................................................    4.72    43.3
2014....................................................    4.72    34.8
2015....................................................    4.72    23.4
2016....................................................    4.72    12.7
2017....................................................    4.53     8.9
2018....................................................    4.35     6.5
2019....................................................    4.17     4.2
2020....................................................    4.01     1.9
2021....................................................    3.84    -0.4
2022....................................................    3.69    -1.1
2023....................................................    3.54    -1.8
2024....................................................     3.4    -2.5
2025 and later..........................................    3.26    -3.2
------------------------------------------------------------------------

* * * * *
    (3) * * *
    (i) * * *
    (A) For light trucks with a footprint of less than or equal to 41
square feet, the gram/mile CO2 target value shall be
selected for the appropriate model year from the following table:

------------------------------------------------------------------------
                                                            CO2 target
                       Model year                         value  (grams/
                                                               mile)
------------------------------------------------------------------------
2012....................................................           294.0
2013....................................................           284.0
2014....................................................           275.0
2015....................................................           261.0
2016....................................................           247.0
2017....................................................           238.0
2018....................................................           227.0
2019....................................................           220.0
2020....................................................           212.0
2021....................................................           195.0
2022....................................................           186.0
2023....................................................           176.0
2024....................................................           168.0
2025 and later..........................................           159.0
------------------------------------------------------------------------

    (B) For light trucks with a footprint that is greater than 41
square feet and less than or equal to the maximum footprint value
specified in the table below for each model year, the gram/mile
CO2 target value shall be calculated using the following
equation and rounded to the nearest 0.1 grams/mile, except that for any
vehicle footprint the maximum CO2 target value shall be the
value specified for the same model year in paragraph (c)(3)(i)(D) of
this section:

Target CO2 = (a x f) + b

Where:

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

------------------------------------------------------------------------
                                               Maximum
                 Model year                   footprint      a       b
------------------------------------------------------------------------
2012.......................................         66.0    4.04   128.6
2013.......................................         66.0    4.04   118.7
2014.......................................         66.0    4.04   109.4
2015.......................................         66.0    4.04    95.1
2016.......................................         66.0    4.04    81.1
2017.......................................         50.7    4.87    38.3
2018.......................................         60.2    4.76    31.6
2019.......................................         66.4    4.68    27.7
2020.......................................         68.3    4.57    24.6
2021.......................................         73.5    4.28    19.8
2022.......................................         74.0    4.09    17.8
2023.......................................         74.0    3.91    16.0
2024.......................................         74.0    3.74    14.2
2025 and later.............................         74.0    3.58    12.5
------------------------------------------------------------------------

     (C) For light trucks with a footprint that is greater than the
minimum footprint value specified in the table below and less than or
equal to the maximum footprint value specified in the table below for
each model year, the gram/mile CO2 target value shall be
calculated using the following equation and rounded to the nearest 0.1
grams/mile, except that for any vehicle footprint the maximum
CO2 target value shall be the value specified for the same
model year in paragraph (c)(3)(i)(D) of this section:

Target CO2 = (a x f) + b

Where:

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

----------------------------------------------------------------------------------------------------------------
                                                                Minimum      Maximum
                         Model year                            footprint    footprint        a            b
----------------------------------------------------------------------------------------------------------------
2017........................................................         50.7         66.0         4.04         80.5
2018........................................................         60.2         66.0         4.04         75.0
----------------------------------------------------------------------------------------------------------------

    (D) For light trucks with a footprint greater than the minimum
value specified in the table below for each model year, the gram/mile
CO2 target value shall be selected for the appropriate model
year from the following table:

------------------------------------------------------------------------
                                                            CO2 target
               Model year                     Minimum     value  (grams/
                                             footprint         mile)
------------------------------------------------------------------------
2012....................................            66.0           395.0
2013....................................            66.0           385.0
2014....................................            66.0           376.0
2015....................................            66.0           362.0
2016....................................            66.0           348.0
2017....................................            66.0           347.0

2018....................................            66.0           342.0
2019....................................            66.4           339.0
2020....................................            68.3           337.0
2021....................................            73.5           335.0
2022....................................            74.0           321.0
2023....................................            74.0           306.0
2024....................................            74.0           291.0
2025 and later..........................            74.0           277.0
------------------------------------------------------------------------

* * * * *
    (4) Emergency vehicles. Emergency vehicles may be excluded from the
emission standards described in this section. The manufacturer must
notify the Administrator that they are making such an election in the
model year reports required under Sec.  600.512 of this chapter. Such
vehicles should be excluded from both the calculation of the fleet
average standard for a manufacturer under this paragraph (c) and from
the calculation of the fleet average carbon-related exhaust emissions
in Sec.  86.510-12.
    (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, except 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.
    (e) * * *
    (1) The interim fleet average CO2 standards in this
paragraph (e) are optionally applicable to each qualifying
manufacturer, where the terms ``sales'' or ``sold'' as used in this
paragraph (e) means vehicles produced for U.S. sale, where ``U.S.''
means the states and territories of the United States.
    (i) A qualifying manufacturer is a manufacturer with sales of 2009
model year combined passenger automobiles and light trucks of greater
than zero and less than 400,000 vehicles that elects to participate in
the Temporary Leadtime Allowance Alternative Standards described in
this paragraph (e).
* * * * *
    (B) In the case where two or more qualifying manufacturers combine
as the result of merger or the purchase of 50 percent or more of one or
more companies by another company, and if the combined 2009 model year
sales of the merged or combined companies is less than 400,000 but more
than zero (combined passenger automobiles and light trucks), the
corporate entity formed by the combination of two or more qualifying
manufacturers shall continue to be a qualifying manufacturer, except
the provisions of paragraph (e)(1)(i)(D) shall apply in the case where
one of the merging companies elects to voluntarily opt out of the
Temporary Leadtime Allowance Alternative Standards as allowed under
paragraph (e)(1)(iv) of this section. The total number of vehicles that
the corporate entity is allowed to include under the Temporary Leadtime
Allowance Alternative Standards shall be determined by paragraph (e)(2)
or (e)(3) of this section, where sales is the total combined 2009 model
year sales of all of the merged or combined companies. Vehicles sold by
the companies that combined by merger/acquisition to form the corporate
entity that were subject to the Temporary Leadtime Allowance
Alternative Standards in paragraph (e)(4) of this section prior to the
merger/acquisition shall be combined to determine the remaining number
of vehicles that the corporate entity may include under the Temporary
Leadtime Allowance Alternative Standards in this paragraph (e).
* * * * *
    (D) In the case where two or more manufacturers combine as the
result of merger or the purchase of 50 percent or more of one or more
companies by another company, where one of the manufacturers chooses to
voluntarily opt out of the Temporary Leadtime Allowance Alternative
Standards under the provisions of paragraph (e)(1)(iv) of this section,
the new corporate entity formed by the combination of two or more
manufacturers is not a qualifying manufacturer. Such a manufacturer
shall meet the emission standards in paragraph (c) of this section
beginning with the model year that is numerically two years greater
than the calendar year in which the merger/acquisition(s) took place.
If one or more of the merged or combined manufacturers was complying
with the Temporary Leadtime Allowance Alternative Standards prior to
the merger/combination, that manufacturer is no longer eligible for the
Temporary Leadtime Allowance Alternative Standards beginning with the
model year that is numerically two years greater than the calendar year
in which the merger/acquisition(s) took place. The cumulative number of
vehicles that such a manufacturer may include in the Temporary Leadtime
Allowance Alternative Standards, including those that were included by
all merged manufacturers prior to the merger/acquisition, is limited to
100,000.
* * * * *
    (iv) In the event of a merger, acquisition, or combination with
another manufacturer, a qualifying manufacturer that has not certified
any vehicles to the Temporary Leadtime Allowance Alternative Standards
in any model year may voluntarily opt out of the Temporary Leadtime
Allowance Alternative Standards. A manufacturer making this election
must notify EPA in writing of their intent prior to the end of the
model year in which a merger or combination with another manufacturer
becomes effective. The notification must indicate that the manufacturer
is electing to not use the Temporary Leadtime Allowance Alternative

Standards in any model year, and that any manufacturers that are either
purchased by or merged with the manufacturer making this election must
also meet the emission standards in paragraph (c) of this section
beginning with the model year that is numerically two years greater
than the calendar year in which the merger/acquisition(s) took place.
* * * * *
    (3)(i) Qualifying manufacturers with sales of 2009 model year
combined passenger automobiles and light trucks in the United States of
greater than zero and less than 50,000 vehicles may select any
combination of 2012 through 2015 model year passenger automobiles and/
or light trucks to include under the Temporary Leadtime Allowance
Alternative Standards determined in this paragraph (e) up to a
cumulative total of 200,000 vehicles, and additionally may select up to
50,000 2016 model year vehicles to include under the Temporary Leadtime
Allowance Alternative Standards determined in this paragraph (e). To be
eligible for the provisions of this paragraph (e)(3) qualifying
manufacturers must provide annual documentation of good-faith efforts
made by the manufacturer to purchase credits from other manufacturers.
Without such documentation, the manufacturer may use the Temporary
Leadtime Allowance Alternative Standards according to the provisions of
paragraph (e)(2) of this section, and the provisions of this paragraph
(e)(3) shall not apply. Vehicles selected to comply with these
standards shall not be included in the calculations of the
manufacturer's fleet average standards under paragraph (c) of this
section.
    (ii) Manufacturers that qualify in the 2016 model year for the
expanded Temporary Leadtime Allowance Alternative Standards described
in paragraph (e)(3)(i) of this section, may, subject to certain
restrictions, use an alternative compliance schedule that provides
additional lead time to meet the standards in paragraph (c) of this
section for the 2017 through 2020 model years.
    (A) The alternative compliance schedule is as follows. In lieu of
the standards in paragraph (c) of this section that would otherwise be
applicable to the model year shown in the first column of the table
below, a qualifying manufacturer may comply with the standards in
paragraph (c) of this section determined for the model year shown in
the second column of the table. In the 2021 and later model years the
manufacturer must meet the standards designated for each model year in
paragraph (c) of this section.

------------------------------------------------------------------------
             Model year                      Applicable standards
------------------------------------------------------------------------
                   2017                                 2016
                   2018                                 2016
                   2019                                 2018
                   2020                                 2019
------------------------------------------------------------------------

     (B) A manufacturer using the alternative compliance schedule in
paragraph (e)(3)(ii) of this section may not sell or otherwise transfer
credits generated in years when the alternative phase-in is used to
other manufacturers. Other provisions in Sec.  86.1865 regarding credit
banking, deficit carry-forward, and within-manufacturer transfers
across fleets apply.
* * * * *
    (f) Nitrous oxide (N2O) and methane (CH4)
exhaust emission standards for passenger automobiles and light trucks.
Each manufacturer's fleet of combined passenger automobiles and light
trucks must comply with N2O and CH4 standards
using either the provisions of paragraph (f)(1), (2), or (3) of this
section. Except with prior EPA approval, a manufacturer may not use the
provisions of both paragraphs (f)(1) and (2) of this section in a model
year. For example, a manufacturer may not use the provisions of
paragraph (f)(1) of this section for their passenger automobile fleet
and the provisions of paragraph (f)(2) for their light truck fleet in
the same model year. The manufacturer may use the provisions of both
paragraphs (f)(1) and (3) of this section in a model year. For example,
a manufacturer may meet the N2O standard in paragraph
(f)(1)(i) of this section and an alternative CH4 standard
determined under paragraph (f)(3) of this section. Vehicles certified
using the N2O data submittal waiver provisions of Sec.
86.1829(b)(1)(iii)(G) are not required to be tested for N2O
under the in-use testing programs required by Sec.  86.1845 and Sec.
86.1846.
* * * * *
    (3) Optional use of alternative N2O and/or
CH4 standards. Manufacturers may select an alternative
standard applicable to a test group, for either N2O or
CH4, or both. For example, a manufacturer may choose to meet
the N2O standard in paragraph (f)(1)(i) of this section and
an alternative CH4 standard in lieu of the standard in
paragraph (f)(1)(ii) of this section. The alternative standard for each
pollutant must be greater than the applicable exhaust emission standard
specified in paragraph (f)(1) of this section. Alternative
N2O and CH4 standards apply to emissions measured
according to the Federal Test Procedure (FTP) described in Subpart B of
this part for the full useful life, and become the applicable
certification and in-use emission standard(s) for the test group.
Manufacturers using an alternative standard for N2O and/or
CH4 must calculate emission debits according to the
provisions of paragraph (f)(4) of this section for each test group/
alternative standard combination. Debits must be included in the
calculation of total credits or debits generated in a model year as
required under Sec.  86.1865-12(k)(5). For flexible fuel vehicles (or
other vehicles certified for multiple fuels) you must meet these
alternative standards when tested on any applicable test fuel type.
    (4) CO2- equivalent debits. CO2-equivalent
debits for test groups using an alternative N2O and/or
CH4 standard as determined under paragraph (f)(3) of this
section shall be calculated according to the following equation and
rounded to the nearest whole megagram:

Debits = [GWP x (Production) x (AltStd--Std) x VLM]/1,000,000

Where:

Debits = N2O or CH4 CO2-equivalent
debits for a test group using an alternative N2O or
CH4 standard;
GWP = 25 if calculating CH4 debits and 298 if calculating
N2O debits;
Production = The number of vehicles of that test group domestically
produced plus those imported as defined in Sec.  600.511 of this
chapter;
AltStd = The alternative standard (N2O or CH4)
selected by the manufacturer under paragraph (f)(3) of this section;
Std = The exhaust emission standard for N2O or
CH4 specified in paragraph (f)(1) of this section; and
VLM = 195,264 for passenger automobiles and 225,865 for light
trucks.

    (g) Alternative fleet average standards for manufacturers with
limited U.S. sales. Manufacturers meeting the criteria in this
paragraph (g) may request that the Administrator establish alternative
fleet average CO2 standards that would apply instead of the
standards in paragraph (c) of this section. The provisions of this
paragraph (g) are applicable only to the 2017 and later model years. A
manufacturer that has sought and received EPA approval for alternative
standards for the 2017 model year may, at their option, choose to
comply with those standards in the 2015 and 2016 model years in lieu of
requesting a conditional exemption under Sec.  86.1801(k).
    (1) Eligibility for alternative standards. Eligibility as
determined in this paragraph (g) shall be based on the total sales of
combined passenger

automobiles and light trucks. The terms ``sales'' and ``sold'' as used
in this paragraph (g) shall mean vehicles produced for U.S. sale, where
``U.S.'' means the states and territories of the United States. For the
purpose of determining eligibility the sales of related companies shall
be aggregated according to the provisions of Sec.  86.1838-01(b)(3),
or, if a manufacturer has been granted operational independence status
under Sec.  86.1838(d), eligibility shall be based on vehicle
production of that manufacturer. To be eligible for alternative
standards established under this paragraph (g), the manufacturer's
average sales for the three most recent consecutive model years must
remain below 5,000. If a manufacturer's average sales for the three
most recent consecutive model years exceeds 4999, the manufacturer will
no longer be eligible for exemption and must meet applicable emission
standards starting with the model year according to the provisions in
this paragraph (g)(1).
    (i) If a manufacturer's average sales for three consecutive model
years exceeds 4999, and if the increase in sales is the result of
corporate acquisitions, mergers, or purchase by another manufacturer,
the manufacturer shall comply with the emission standards described in
paragraph (c) of this section, as applicable, beginning with the first
model year after the last year of the three consecutive model years.
    (ii) If a manufacturer's average sales for three consecutive model
years exceeds 4999 and is less than 50,000, and if the increase in
sales is solely the result of the manufacturer's expansion in vehicle
production (not the result of corporate acquisitions, mergers, or
purchase by another manufacturer), the manufacturer shall comply with
the emission standards described in paragraph (c), of this section, as
applicable, beginning with the second model year after the last year of
the three consecutive model years.
    (2) Requirements for new entrants into the U.S. market. New
entrants are those manufacturers without a prior record of automobile
sales in the United States and without prior certification to (or
exemption from, under Sec.  86.1801-12(k)) greenhouse gas emission
standards in Sec.  86.1818-12. In addition to the eligibility
requirements stated in paragraph (g)(1) of this section, new entrants
must meet the following requirements:
    (i) In addition to the information required under paragraph (g)(4)
of this section, new entrants must provide documentation that shows a
clear intent by the company to actually enter the U.S. market in the
years for which alternative standards are requested. Demonstrating such
intent could include providing documentation that shows the
establishment of a U.S. dealer network, documentation of work underway
to meet other U.S. requirements (e.g., safety standards), or other
information that reasonably establishes intent to the satisfaction of
the Administrator.
    (ii) Sales of vehicles in the U.S. by new entrants must remain
below 5,000 vehicles for the first three model years in the U.S.
market, and in subsequent years the average sales for any three
consecutive years must remain below 5,000 vehicles. Vehicles sold in
violation of these limits within the first five model years will be
considered not covered by the certificate of conformity and the
manufacturer will be subject to penalties on an individual-vehicle
basis for sale of vehicles not covered by a certificate. In addition,
violation of these limits will result in loss of eligibility for
alternative standards until such point as the manufacturer demonstrates
two consecutive model years of sales below 5,000 automobiles. After the
first five model years, the eligibility provisions in paragraph (g)(1)
of this section apply, where violating the sales thresholds is no
longer a violation of the condition on the certificate, but is instead
grounds for losing eligibility for alternative standards.
    (iii) A manufacturer with sales in the most recent model year of
less than 5,000 automobiles, but where prior model year sales were not
less than 5,000 automobiles, is eligible to request alternative
standards under this paragraph (g). However, such a manufacturer will
be considered a new entrant and subject to the provisions regarding new
entrants in this paragraph (g), except that the requirement to
demonstrate an intent to enter the U.S. market in paragraph (g)(2)(i)
of this section shall not apply.
    (3) How to request alternative fleet average standards. Eligible
manufacturers may petition for alternative standards for up to five
consecutive model years if sufficient information is available on which
to base such standards.
    (i) To request alternative standards starting with the 2017 model
year, eligible manufacturers must submit a completed application no
later than July 30, 2013.
    (ii) To request alternative standards starting with a model year
after 2017, eligible manufacturers must submit a completed request no
later than 36 months prior to the start of the first model year to
which the alternative standards would apply.
    (iii) The request must contain all the information required in
paragraph (g)(4) of this section, and must be signed by a chief officer
of the company. If the Administrator determines that the content of the
request is incomplete or insufficient, the manufacturer will be
notified and given an additional 30 days to amend the request.
    (4) Data and information submittal requirements. Eligible
manufacturers requesting alternative standards under this paragraph (g)
must submit the following information to the Environmental Protection
Agency. The Administrator may request additional information as she
deems appropriate. The completed request must be sent to the
Environmental Protection Agency at the following address: Director,
Compliance and Innovative Strategies Division, U.S. Environmental
Protection Agency, 2000 Traverwood Drive, Ann Arbor, Michigan 48105.
    (i) Vehicle model and fleet information. (A) The model years to
which the requested alternative standards would apply, limited to five
consecutive model years.
    (B) Vehicle models and projections of production volumes for each
model year.
    (C) Detailed description of each model, including the vehicle type,
vehicle mass, power, footprint, powertrain, and expected pricing.
    (D) The expected production cycle for each model, including new
model introductions and redesign or refresh cycles.
    (ii) Technology evaluation information. (A) The CO2
reduction technologies employed by the manufacturer on each vehicle
model, or projected to be employed, including information regarding the
cost and CO2 -reducing effectiveness. Include technologies
that improve air conditioning efficiency and reduce air conditioning
system leakage, and any ``off-cycle'' technologies that potentially
provide benefits outside the operation represented by the Federal Test
Procedure and the Highway Fuel Economy Test.
    (B) An evaluation of comparable models from other manufacturers,
including CO2 results and air conditioning credits generated
by the models. Comparable vehicles should be similar, but not
necessarily identical, in the following respects: vehicle type,
horsepower, mass, power-to-weight ratio, footprint, retail price, and
any other relevant factors. For manufacturers requesting alternative
standards starting with the 2017 model

year, the analysis of comparable vehicles should include vehicles from
the 2012 and 2013 model years, otherwise the analysis should at a
minimum include vehicles from the most recent two model years.
    (C) A discussion of the CO2-reducing technologies
employed on vehicles offered outside of the U.S. market but not
available in the U.S., including a discussion as to why those vehicles
and/or technologies are not being used to achieve CO2
reductions for vehicles in the U.S. market.
    (D) An evaluation, at a minimum, of the technologies projected by
the Environmental Protection Agency in a final rulemaking as those
technologies likely to be used to meet greenhouse gas emission
standards and the extent to which those technologies are employed or
projected to be employed by the manufacturer. For any technology that
is not projected to be fully employed, explain why this is the case.
    (iii) Alternative fleet average CO2 standards. (A) The
most stringent CO2 level estimated to be feasible for each
model, in each model year, and the technological basis for this
estimate.
    (B) For each model year, a projection of the lowest feasible sales-
weighted fleet average CO2 value, separately for passenger
automobiles and light trucks, and an explanation demonstrating that
these projections are reasonable.
    (C) A copy of any application, data, and related information
submitted to NHTSA in support of a request for alternative Corporate
Average Fuel Economy standards filed under 49 CFR Part 525.
    (iv) Information supporting eligibility. (A) U.S. sales for the
three previous model years and projected sales for the model years for
which the manufacturer is seeking alternative standards.
    (B) Information regarding ownership relationships with other
manufacturers, including details regarding the application of the
provisions of Sec.  86.1838-01(b)(3) regarding the aggregation of sales
of related companies,
    (5) Alternative standards. Upon receiving a complete application,
the Administrator will review the application and determine whether an
alternative standard is warranted. If the Administrator judges that an
alternative standard is warranted, the Administrator will publish a
proposed determination in the Federal Register to establish alternative
standards for the manufacturer that the Administrator judges are
appropriate. Following a 30 day public comment period, the
Administrator will issue a final determination establishing alternative
standards for the manufacturer. If the Administrator does not establish
alternative standards for an eligible manufacturer prior to 12 months
before the first model year to which the alternative standards would
apply, the manufacturer may request an extension of the exemption under
Sec.  86.1801-12(k) or an extension of previously approved alternative
standards, whichever may apply.
    (6) Restrictions on credit trading. Manufacturers subject to
alternative standards approved by the Administrator under this
paragraph (g) may not trade credits to another manufacturer. Transfers
between car and truck fleets within the manufacturer are allowed, and
the carry-forward provisions for credits and deficits apply.
    (h) Mid-term evaluation of standards. No later than April 1, 2018,
the Administrator shall determine whether the standards established in
paragraph (c) of this section for the 2022 through 2025 model years are
appropriate under section 202(a) of the Clean Air Act, in light of the
record then before the Administrator. An opportunity for public comment
shall be provided before making such determination. If the
Administrator determines they are not appropriate, the Administrator
shall initiate a rulemaking to revise the standards, to be either more
or less stringent as appropriate.
    (1) In making the determination required by this paragraph (h), the
Administrator shall consider the information available on the factors
relevant to setting greenhouse gas emission standards under section
202(a) of the Clean Air Act for model years 2022 through 2025,
including but not limited to:
    (i) The availability and effectiveness of technology, and the
appropriate lead time for introduction of technology;
    (ii) The cost on the producers or purchasers of new motor vehicles
or new motor vehicle engines;
    (iii) The feasibility and practicability of the standards;
    (iv) The impact of the standards on reduction of emissions, oil
conservation, energy security, and fuel savings by consumers;
    (v) The impact of the standards on the automobile industry;
    (vi) The impacts of the standards on automobile safety;
    (vii) The impact of the greenhouse gas emission standards on the
Corporate Average Fuel Economy standards and a national harmonized
program; and
    (viii) The impact of the standards on other relevant factors.
    (2) The Administrator shall make the determination required by this
paragraph (h) based upon a record that includes the following:
    (i) A draft Technical Assessment Report addressing issues relevant
to the standard for the 2022 through 2025 model years;
    (ii) Public comment on the draft Technical Assessment Report;
    (iii) Public comment on whether the standards established for the
2022 through 2025 model years are appropriate under section 202(a) of
the Clean Air Act; and
    (iv) Such other materials the Administrator deems appropriate.
    (3) No later than November 15, 2017, the Administrator shall issue
a draft Technical Assessment Report addressing issues relevant to the
standards for the 2022 through 2025 model years.
    (4) The Administrator will set forth in detail the bases for the
determination required by this paragraph (h), including the
Administrator's assessment of each of the factors listed in paragraph
(h)(1) of this section.

0
14. Section 86.1823-08 is amended by revising paragraph (m)(2)(iii) to
read as follows:

Sec.  86.1823-08  Durability demonstration procedures for exhaust
emissions.

* * * * *
    (m) * * *
    (2) * * *
    (iii) For the 2012 through 2016 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 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
deterioration factor determined for (or derived from, using good
engineering judgment) NMOG or NMHC emissions according to the
provisions of this section.
* * * * *

0
15. Section 86.1829-01 is amended by revising paragraph (b)(1)(iii) to
read as follows:

Sec.  86.1829-01  Durability and emission testing requirements;
waivers.

* * * * *
    (b) * * *
    (1) * * *
    (iii) Data submittal waivers. (A) In lieu of testing a methanol-
fueled diesel-cycle light truck for particulate emissions a
manufacturer may provide a statement in its application for
certification that such light trucks

comply with the applicable standards. Such a statement shall be based
on previous emission tests, development tests, or other appropriate
information and good engineering judgment.
    (B) In lieu of testing an Otto-cycle light-duty vehicle, light-duty
truck, or heavy-duty vehicle for particulate emissions for
certification, a manufacturer may provide a statement in its
application for certification that such vehicles comply with the
applicable standards. Such a statement must be based on previous
emission tests, development tests, or other appropriate information and
good engineering judgment.
    (C) A manufacturer may petition the Administrator for a waiver of
the requirement to submit total hydrocarbon emission data. If the
waiver is granted, then in lieu of testing a certification light-duty
vehicle or light-duty truck for total hydrocarbon emissions the
manufacturer may provide a statement in its application for
certification that such vehicles comply with the applicable standards.
Such a statement shall be based on previous emission tests, development
tests, or other appropriate information and good engineering judgment.
    (D) A manufacturer may petition the Administrator to waive the
requirement to measure particulate emissions when conducting Selective
Enforcement Audit testing of Otto-cycle vehicles.
    (E) In lieu of testing a gasoline, diesel, natural gas, liquefied
petroleum gas, or hydrogen fueled Tier 2 or interim non-Tier 2 vehicle
for formaldehyde emissions when such vehicles are certified based upon
NMHC emissions, a manufacturer may provide a statement in its
application for certification that such vehicles comply with the
applicable standards. Such a statement must be based on previous
emission tests, development tests, or other appropriate information and
good engineering judgment.
    (F) In lieu of testing a petroleum-, natural gas-, liquefied
petroleum gas-, or hydrogen-fueled heavy-duty vehicle for formaldehyde
emissions for certification, a manufacturer may provide a statement in
its application for certification that such vehicles comply with the
applicable standards. Such a statement must be based on previous
emission tests, development tests, or other appropriate information and
good engineering judgment.
    (G) For the 2012 through 2016 model years, in lieu of testing a
vehicle for N2O emissions, a manufacturer may provide a
statement in its application for certification that such vehicles
comply with the applicable standards. Such a statement may also be used
for 2017 and 2018 model year vehicles only if the application for
certification for those vehicles is based upon data carried over from a
prior model year, as allowed under this subpart. No 2019 and later
model year vehicles may be waived from testing for N2O
emissions. Such a statement must be based on previous emission tests,
development tests, or other appropriate information and good
engineering judgment. Vehicles certified to N2O standards
using a compliance statement in lieu of submitting test data are not
required to collect and submit N2O emission data under the
in-use verification testing requirements of Sec.  86.1845.
* * * * *

0
16. Section 86.1838-01 is amended by adding paragraph (d) to read as
follows:

Sec.  86.1838-01  Small volume manufacturer certification procedures.

* * * * *
    (d) Operationally independent manufacturers. Manufacturers may
submit an application to EPA requesting treatment as an operationally
independent manufacturer. A manufacturer that is granted operationally
independent status may qualify for certain specified regulatory
provisions on the basis of its own vehicle production and/or sales
volumes, and would not require aggregation with related manufacturers.
In this paragraph (d), the term ``related manufacturer(s)'' means
manufacturers that would qualify for aggregation under the requirements
of paragraph (b)(3) of this section.
    (1) To request consideration for operationally independent status,
the manufacturer must submit an application demonstrating that the
following criteria are met, and have been continuously met for at least
two years prior to submitting the application to EPA. The application
must be signed by the president or the chief executive officer of the
manufacturer.
    (i) The applicant does not receive any financial or other means of
support of economic value from any related manufacturers for purposes
of vehicle design, vehicle parts procurement, research and development,
and production facilities and operation. Any transactions with related
manufacturers must be conducted under normal commercial arrangements
like those conducted with other external parties. Any such transactions
with related manufacturers shall be demonstrated to have been at
competitive pricing rates to the applicant.
    (ii) The applicant maintains wholly separate and independent
research and development, testing, and vehicle manufacturing and
production facilities.
    (iii) The applicant does not use any vehicle engines, powertrains,
or platforms developed or produced by related manufacturers.
    (iv) The applicant does not hold any patents jointly with related
manufacturers.
    (v) The applicant maintains separate business administration,
legal, purchasing, sales, and marketing departments as well as wholly
autonomous decision making on all commercial matters.
    (vi) The Board of Directors of the applicant may not share more
than 25 percent of its membership with any related manufacturer. No top
operational management of the applicant may be shared with any related
manufacturer, including the president, the chief executive officer
(CEO), the chief financial officer (CFO), and the chief operating
officer (COO). No individual director or combination of directors that
is shared with a related manufacturer may exercise exclusive management
control over either or both companies.
    (vii) Parts or components supply agreements between the applicant
and related companies must be established through open market
processes. An applicant that sells or otherwise provides parts and/or
vehicle components to a manufacturer that is not a related manufacturer
must do so through the open market at competitive pricing rates.
    (2) Manufacturers that have been granted operationally independent
status must report any material changes to the information provided in
the application within 60 days of the occurrence of the change. If such
a change occurs that results in the manufacturer no longer meeting the
requirements of the application, the manufacturer will lose the
eligibility to be considered operationally independent. The EPA will
confirm that the manufacturer no longer meets one or more of the
criteria and thus is no longer considered operationally independent,
and will notify the manufacturer of the change in status. A
manufacturer who loses the eligibility for operationally independent
status must transition to the appropriate emission standards no later
than the third model year after the model year in which the loss of
eligibility occurred. For example, a manufacturer that loses
eligibility in their 2018 model year would be required to meet
appropriate standards in the 2021 model year. A manufacturer that loses
eligibility must meet the applicable criteria for three

consecutive model years before they are allowed to apply for a
reinstatement of their operationally independent status.
    (3) The manufacturer applying for operational independence shall
engage an independent certified public accountant, or firm of such
accountants (hereinafter referred to as ``CPA''), to perform an agreed-
upon procedures attestation engagement of the underlying documentation
that forms the basis of the application as required in this paragraph
(d).
    (i) The CPA shall perform the attestation engagements in accordance
with the Statements on Standards for Attestation Engagements
established by the American Institute of Certified Public Accountants.
    (ii) The CPA may complete the requirements of this paragraph with
the assistance of internal auditors who are employees or agents of the
applicant, so long as such assistance is in accordance with the
Statements on Standards for Attestation Engagements established by the
American Institute of Certified Public Accountants.
    (iii) Notwithstanding the requirements of paragraph (d)(2)(ii) of
this section, an applicant may satisfy the requirements of this
paragraph (d)(2) if the requirements of this paragraph (d)(2) are
completed by an auditor who is an employee of the applicant, provided
that such employee:
    (A) Is an internal auditor certified by the Institute of Internal
Auditors, Inc. (hereinafter referred to as ``CIA''); and
    (B) Completes the internal audits in accordance with the standards
for internal auditing established by the Institute of Internal
Auditors.
    (iv) Use of a CPA or CIA who is debarred, suspended, or proposed
for debarment pursuant to the Governmentwide Debarment and Suspension
Regulations, 2 CFR part 1532, or the Debarment, Suspension, and
Ineligibility Provisions of the Federal Acquisition Regulations, 48 CFR
part 9, subpart 9.4, shall be deemed in noncompliance with the
requirements of this section.

0
17. Section 86.1848-10 is amended by adding paragraphs (c)(9)(iii)
through (v) to read as follows:

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

* * * * *
    (c) * * *
    (9) * * *
    (iii) For manufacturers using the conditional exemption under Sec.
86.1801(k), failure to fully comply with the fleet production
thresholds that determine eligibility for the exemption 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 stated sales and/or production thresholds will not be covered by
the certificate(s).
    (iv) For manufacturers that are determined to be operationally
independent under Sec.  86.1838(d), failure to report a material change
in their status within 60 days as required by Sec.  86.1838(d)(2) 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 operationally independent criteria will not be covered by the
certificate(s).
    (v) For manufacturers subject to an alternative fleet average
greenhouse gas exhaust emission standard approved under Sec.
86.1818(g), failure to comply with the annual sales thresholds that are
required to maintain use of those standards, including the thresholds
required for new entrants into the U.S. market, 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
stated sales and/or production thresholds will not be covered by the
certificate(s).
* * * * *

0
18. Section 86.1865-12 is amended as follows:
0
a. By revising paragraph (k)(5) introductory text.
0
b. By revising paragraph (k)(5)(i) through (iii).
0
c. By redesignating paragraph (k)(5)(iv) as (k)(5)(v).
0
d. By adding paragraph (k)(5)(iv).
0
e. By revising paragraph (k)(6).
0
f. By revising paragraph (k)(7)(i).
0
g. By adding paragraph (k)(7)(iv).
0
h. By adding paragraph (k)(7)(v).
0
i. By revising paragraph (k)(8)(iv)(A).
0
j. By revising paragraph (l)(1)(ii) introductory text.
0
k. By revising paragraph (l)(1)(ii)(F).
0
l. By revising paragraph (l)(2)(iii) introductory text.
0
m. By revising paragraph (l)(2)(iv) introductory text.
0
n. By revising paragraph (l)(2)(v).
    The revisions and additions read as follows:

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

* * * * *
    (k)  * * *
    (5) Total credits or debits generated in a model year, maintained
and reported separately for passenger automobiles and light trucks,
shall be the sum of the credits or debits calculated in paragraph
(k)(4) of this section and any of the following credits, if applicable,
minus any N2O and/or CH4 CO2-
equivalent debits calculated according to the provisions of Sec.
86.1818-12(f)(4):
    (i) Air conditioning leakage credits earned according to the
provisions of Sec.  86.1867-12(b);
    (ii) Air conditioning efficiency credits earned according to the
provisions of Sec.  86.1868-12(c);
    (iii) Off-cycle technology credits earned according to the
provisions of Sec.  86.1869-12(d).
    (iv) Full size pickup truck credits earned according to the
provisions of Sec.  86.1870-12(c).
* * * * *
    (6) The expiration date of unused CO2 credits is based
on the model year in which the credits are earned, as follows:
    (i) Unused CO2 credits from the 2009 model year shall
retain their full value through the 2014 model year. Credits from the
2009 model year that remain at the end of the 2014 model year shall
expire.
    (ii) Unused CO2 credits from the 2010 through 2015 model
years shall retain their full value through the 2021 model year.
Credits remaining from these model years at the end of the 2021 model
year shall expire.
    (iii) Unused CO2 credits from the 2016 and later model
years shall retain their full value through the five subsequent model
years after the model year in which they were generated. Credits
remaining at the end of the fifth model year after the model year in
which they were generated shall expire.
    (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 transferred 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.
* * * * *
    (iv) Credits generated in the 2017 through 2020 model years under
the provisions of Sec.  86.1818(e)(3)(ii) may not be traded or
otherwise provided to another manufacturer.
    (v) Credits generated under any alternative fleet average standards

approved under Sec.  86.1818(g) may not be traded or otherwise provided
to another manufacturer.
* * * * *
    (8) * * *
    (iv) * * *
    (A) If a manufacturer ceases production of passenger automobiles
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.
* * * * *
    (l) * * *
    (1) * * *
    (ii) Manufacturers producing any passenger automobiles or light
trucks subject to the provisions in this subpart must establish,
maintain, and retain all the following information in adequately
organized records for each passenger automobile or light truck subject
to this subpart:
* * * * *
    (F) Carbon-related exhaust emission standard, N2O
emission standard, and CH4 emission standard to which the
passenger automobile or light truck is certified.
* * * * *
    (2) * * *
    (iii) Manufacturers calculating air conditioning leakage and/or
efficiency credits under paragraph Sec.  86.1871-12(b) shall include
the following information for each model year and separately for
passenger automobiles and light trucks and for each air conditioning
system used to generate credits:
* * * * *
    (iv) Manufacturers calculating advanced technology vehicle credits
under paragraph Sec.  86.1871-12(c) shall include the following
information for each model year and separately for passenger
automobiles and light trucks:
* * * * *
    (v) Manufacturers calculating off-cycle technology credits under
paragraph Sec.  86.1871-12(d) shall include, for each model year and
separately for passenger automobiles and light trucks, all test results
and data required for calculating such credits.
* * * * *

0
19. Section 86.1866-12 is revised to read as follows:

Sec.  86.1866-12  CO2 credits for advanced technology
vehicles.

    (a) Electric vehicles, plug-in hybrid electric vehicles, and fuel
cell vehicles, as those terms are defined in Sec.  86.1803-01, that are
certified and produced for U.S. sale, where ``U.S.'' means the states
and territories of the United States, in the 2012 through 2025 model
years may use a value of zero (0) grams/mile of CO2 to
represent the proportion of electric operation of a vehicle that is
derived from electricity that is generated from sources that are not
onboard the vehicle, as specified by this paragraph (a).
    (1) Model years 2012 through 2016: The use of zero (0) grams/mile
CO2 is limited to the first 200,000 combined electric
vehicles, plug-in hybrid electric vehicles, and fuel cell vehicles
produced for U.S. sale, where ``U.S.'' means the states and territories
of the United States, in the 2012 through 2016 model years, except that
a manufacturer that produces 25,000 or more such vehicles for U.S. sale
in the 2012 model year shall be subject to a limitation on the use of