directly related to the hybrid powertrain. If you use Sec.  1037.540 to
quantify the benefits of a hybrid system for PTO operation, the
conventional vehicle must have the same number of PTO circuits and have
equivalent PTO power. If you do not produce an equivalent vehicle, you
may create and test a prototype equivalent vehicle. The conventional
vehicle is considered Vehicle A and the advanced vehicle is considered
Vehicle B. We may specify an alternate cycle if your vehicle includes a
power take-off.
    (2) Calculate an improvement factor and g/ton-mile benefit using
the following equations and parameters:
    (i) Improvement Factor = [(Emission Rate A)-(Emission Rate B)]/
(Emission Rate A).
    (ii) g/ton-mile benefit = Improvement Factor x (GEM Result B).
    (iii) Emission Rates A and B are the g/ton-mile CO2
emission rates of the conventional and advanced vehicles, respectively,
as measured under the test procedures specified in this section. GEM
Result B is the g/ton-mile CO2 emission rate resulting from
emission modeling of the advanced vehicle as specified in Sec.
1037.520.
    (3) If you apply an improvement factor to multiple vehicle
configurations using the same advanced technology, use the vehicle
configuration with the smallest potential reduction in greenhouse gas
emissions resulting from the hybrid capability.
    (4) Use the equations of Sec.  1037.705 to convert the g/ton-mile
benefit to emission credits (in Mg). Use the g/ton-mile benefit in
place of the (Std-FEL) term.
    (c) See Sec.  1037.540 for special testing provisions related to
vehicles equipped with hybrid power take-off units.
    (d) You may use an engineering analysis to calculate an improvement
factor for fuel cell vehicles based on measured emissions from the fuel
cell vehicle.
    (e) For electric vehicles, calculate CO2 credits using
an FEL of 0 g/ton-mile.
    (f) As specified in subpart H of this part, credits generated under
this section may be used under this part 1037 outside of the averaging
set in which they were generated or used under 40 CFR part 1036.
    (g) You may certify using both provisions of this section and the
off-cycle technology provisions of Sec.  1037.610, provided you do not
double count emission benefits.

Sec.  1037.620  Responsibilities for multiple manufacturers.

    This section describes certain circumstances in which multiple
manufacturers share responsibilities for vehicle they produce together.
This section does limit responsibilities that apply under the Act or
these regulations for anyone meeting the definition of ``manufacturer''
in Sec.  1037.801.
    (a) The delegated assembly provisions of Sec.  1037.621 apply for
certifying manufacturers that rely on other manufacturers to finish
assembly in a certified configuration. The provisions of Sec.  1037.622
apply for manufacturers that ship vehicles subject to the requirements
of this part to a certifying secondary vehicle manufacturer. The
provisions of Sec.  1037.622 also apply to the secondary manufacturer.
    (b) Manufacturers of aerodynamic devices may perform the
aerodynamic testing described in Sec.  1037.525 to

quantify CDA values for trailers and submit that data to EPA
verification under Sec.  1037.211. Trailer manufacturers may use such
verified data to establish modeling inputs for certifying their
trailers. Both device manufacturers and trailer manufacturers are
subject to the recall provisions described in 40 CFR part 1068, subpart
F.
    (c) Tire manufacturers must comply with the provisions of Sec.
1037.650.

Sec.  1037.621  Delegated assembly.

    (a) This section describes an exemption that allows certificate
holders to sell or ship vehicles that are missing certain emission-
related components if those components will be installed by a secondary
vehicle manufacturer. (Note: See Sec.  1037.622 for provisions related
to manufacturers introducing into U.S. commerce partially complete
vehicles for which a secondary vehicle manufacturer holds the
certificate of conformity.) This exemption is temporary as described in
40 CFR 1068(f).
    (b) The provisions of 40 CFR 1068.261 apply for vehicles subject to
GHG standards under this part, with the following exceptions and
clarifications:
    (1) Understand references to ``engines'' to refer to vehicles.
    (2) Understand references to ``aftertreatment components'' to refer
to any emission-related components needed for complying with GHG
standards under this part.
    (3) Understand ``equipment manufacturers'' to be secondary vehicle
manufacturers.
    (4) The provisions of 40 CFR 1068.261(b), (c)(7), (d), and (e) do
not apply. Accordingly, the provisions of 40 CFR 1068.261(c) apply
regardless of pricing arrangements.

Sec.  1037.622  Shipment of incomplete vehicles to secondary vehicle
manufacturers.

    This section specifies how manufacturers may introduce partially
complete vehicles into U.S. commerce. The provisions of this section do
not apply for trailers, except in unusual circumstances. You may not
use the provisions of this section to circumvent the intent of this
part.
    (a) The provisions of this section allow manufacturers to ship
partially complete vehicles to secondary vehicle manufacturers or
otherwise introduce them into U.S. commerce in the following
circumstances:
    (1) Tractors. Manufacturers may introduce partially complete
tractors into U.S. commerce if they are covered by a certificate of
conformity for tractors and will be in their certified tractor
configuration before they reach the ultimate purchasers. For example,
this would apply for sleepers initially shipped without the sleeper
compartments attached. Note that delegated assembly provisions may
apply (see Sec.  1037.621).
    (2) Small businesses modifying certified tractors. Small businesses
that build custom sleeper cabs may modify complete or incomplete
vehicles certified as tractors, as long as they do not increase the
effective frontal area of the certified configuration.
    (3) Vocational vehicles. Manufacturers may introduce partially
complete vocational vehicles into U.S. commerce if they are covered by
a certificate of conformity for vocational vehicles and will be in
their certified vocational configuration before they reach the ultimate
purchasers. Note that delegated assembly provisions may apply (see
Sec.  1037.621).
    (4) Uncertified vehicles that will be certified by secondary
vehicle manufacturers. Manufacturers may introduce into U.S. commerce
partially complete vehicles for which they do not hold a certificate of
conformity only as allowed by paragraph (b) of this section; however,
the requirements of this section do not apply for tractors or
vocational vehicles built before January 1, 2022, that are produced by
a secondary vehicle manufacturer if they are excluded from the
standards of this part under Sec.  1037.150(c).
    (b) The provisions of this paragraph (b) generally apply where the
secondary vehicle manufacturer has substantial control over the design
and assembly of emission controls. In unusual circumstances we may
allow other secondary vehicle manufacturers to use these provisions. In
determining whether a manufacturer has substantial control over the
design and assembly of emission controls, we would consider the degree
to which the secondary manufacturer would be able to ensure that the
engine and vehicle will conform to the regulations in their final
configurations.
    (1) A secondary manufacturer may finish assembly of partially
complete vehicles in the following cases:
    (i) It obtains a vehicle that is not fully assembled with the
intent to manufacture a complete vehicle in a certified configuration.
    (ii) It obtains a vehicle with the intent to modify it to a
certified configuration before it reaches the ultimate purchaser. For
example, this may apply for converting a gasoline-fueled vehicle to
operate on natural gas under the terms of a valid certificate.
    (2) Manufacturers may introduce partially complete vehicles into
U.S. commerce as described in this paragraph (b) if they have a written
request for such vehicles from a secondary vehicle manufacturer that
will finish the vehicle assembly and has certified the vehicle (or the
vehicle has been exempted or excluded from the requirements of this
part). The written request must include a statement that the secondary
manufacturer has a certificate of conformity (or exemption/exclusion)
for the vehicle and identify a valid vehicle family name associated
with each vehicle model ordered (or the basis for an exemption/
exclusion). The original vehicle manufacturer must apply a removable
label meeting the requirements of 40 CFR 1068.45 that identifies the
corporate name of the original manufacturer and states that the vehicle
is exempt under the provisions of Sec.  1037.622. The name of the
certifying manufacturer must also be on the label or, alternatively, on
the bill of lading that accompanies the vehicles during shipment. The
original manufacturer may not apply a permanent emission control
information label identifying the vehicle's eventual status as a
certified vehicle.
    (3) If you are the secondary manufacturer and you will hold the
certificate, you must include the following information in your
application for certification:
    (i) Identify the original manufacturer of the partially complete
vehicle or of the complete vehicle you will modify.
    (ii) Describe briefly how and where final assembly will be
completed. Specify how you have the ability to ensure that the vehicles
will conform to the regulations in their final configuration. (Note:
This section prohibits using the provisions of this paragraph (b)
unless you have substantial control over the design and assembly of
emission controls.)
    (iii) State unconditionally that you will not distribute the
vehicles without conforming to all applicable regulations.
    (4) If you are a secondary manufacturer and you are already a
certificate holder for other families, you may receive shipment of
partially complete vehicles after you apply for a certificate of
conformity but before the certificate's effective date. This exemption
allows the original manufacturer to ship vehicles after you have
applied for a certificate of conformity. Manufacturers may introduce
partially complete vehicles into U.S. commerce as described in this
paragraph (b)(4) if they have a written request for such vehicles from
a secondary manufacturer stating that the

application for certification has been submitted (instead of the
information we specify in paragraph (b)(2) of this section). We may set
additional conditions under this paragraph (b)(4) to prevent
circumvention of regulatory requirements.
    (5) The provisions of this section also apply for shipping
partially complete vehicles if the vehicle is covered by a valid
exemption and there is no valid family name that could be used to
represent the vehicle model. Unless we approve otherwise in advance,
you may do this only when shipping engines to secondary manufacturers
that are certificate holders. In this case, the secondary manufacturer
must identify the regulatory cite identifying the applicable exemption
instead of a valid family name when ordering engines from the original
vehicle manufacturer.
    (6) Both original and secondary manufacturers must keep the records
described in this section for at least five years, including the
written request for exempted vehicles and the bill of lading for each
shipment (if applicable). The written request is deemed to be a
submission to EPA.
    (7) These provisions are intended only to allow secondary
manufacturers to obtain or transport vehicles in the specific
circumstances identified in this section so any exemption under this
section expires when the vehicle reaches the point of final assembly
identified in paragraph (b)(3)(ii) of this section.
    (8) For purposes of this section, an allowance to introduce
partially complete vehicles into U.S. commerce includes a conditional
allowance to sell, introduce, or deliver such vehicles into commerce in
the United States or import them into the United States. It does not
include a general allowance to offer such vehicles for sale because
this exemption is intended to apply only for cases in which the
certificate holder already has an arrangement to purchase the vehicles
from the original manufacturer. This exemption does not allow the
original manufacturer to subsequently offer the vehicles for sale to a
different manufacturer who will hold the certificate unless that second
manufacturer has also complied with the requirements of this part. The
exemption does not apply for any individual vehicles that are not
labeled as specified in this section or which are shipped to someone
who is not a certificate holder.
    (9) We may suspend, revoke, or void an exemption under this
section, as follows:
    (i) We may suspend or revoke your exemption if you fail to meet the
requirements of this section. We may suspend or revoke an exemption
related to a specific secondary manufacturer if that manufacturer sells
vehicles that are in not in a certified configuration in violation of
the regulations. We may disallow this exemption for future shipments to
the affected secondary manufacturer or set additional conditions to
ensure that vehicles will be assembled in the certified configuration.
    (ii) We may void an exemption for all the affected vehicles if you
intentionally submit false or incomplete information or fail to keep
and provide to EPA the records required by this section.
    (iii) The exemption is void for a vehicle that is shipped to a
company that is not a certificate holder or for a vehicle that is
shipped to a secondary manufacturer that is not in compliance with the
requirements of this section.
    (iv) The secondary manufacturer may be liable for penalties for
causing a prohibited act where the exemption is voided due to actions
on the part of the secondary manufacturer.
    (c) Provide instructions along with partially complete vehicles
including all information necessary to ensure that an engine will be
installed in its certified configuration.

Sec.  1037.630  Special purpose tractors.

    (a) General provisions. This section allows a vehicle manufacturer
to reclassify certain tractors as vocational tractors. Vocational
tractors are treated as vocational vehicles and are exempt from the
standards of Sec.  1037.106. Note that references to ``tractors''
outside of this section mean non-vocational tractors.
    (1) This allowance is intended only for vehicles that do not
typically operate at highway speeds, or would otherwise not benefit
from efficiency improvements designed for line-haul tractors. This
allowance is limited to the following vehicle and application types:
    (i) Low-roof tractors intended for intra-city pickup and delivery,
such as those that deliver bottled beverages to retail stores.
    (ii) Tractors intended for off-road operation (including mixed
service operation), such as those with reinforced frames and increased
ground clearance.
    (iii) Model year 2020 and earlier tractors with a gross combination
weight rating (GCWR) over 120,000 pounds. Note that tractors meeting
the definition of ``heavy-haul'' in Sec.  1037.801 may be certified to
the heavy-haul standards in Sec.  1037.106.
    (2) Where we determine that a manufacturer is not applying this
allowance in good faith, we may require the manufacturer to obtain
preliminary approval before using this allowance.
    (b) Requirements. The following requirements apply with respect to
tractors reclassified under this section:
    (1) The vehicle must fully conform to all requirements applicable
to vocational vehicles under this part.
    (2) Vehicles reclassified under this section must be certified as a
separate vehicle family. However, they remain part of the vocational
regulatory subcategory and averaging set that applies for their weight
class.
    (3) You must include the following additional statement on the
vehicle's emission control information label under Sec.  1037.135:
``THIS VEHICLE WAS CERTIFIED AS A VOCATIONAL TRACTOR UNDER 40 CFR
1037.630.''
    (4) You must keep records for three years to document your basis
for believing the vehicles will be used as described in paragraph
(a)(1) of this section. Include in your application for certification a
brief description of your basis.
    (c) Production limit. No manufacturer may produce more than 21,000
vehicles under this section in any consecutive three model year period.
This means you may not exceed 6,000 in a given model year if the
combined total for the previous two years was 15,000. The production
limit applies with respect to all Class 7 and Class 8 tractors
certified or exempted as vocational tractors. Note that in most cases,
the provisions of paragraph (a) of this section will limit the
allowable number of vehicles to be a number lower than the production
limit of this paragraph (c).
    (d) Off-road exemption. All the provisions of this section apply
for vocational tractors exempted under Sec.  1037.631, except as
follows:
    (1) The vehicles are required to comply with the requirements of
Sec.  1037.631 instead of the requirements that would otherwise apply
to vocational vehicles. Vehicles complying with the requirements of
Sec.  1037.631 and using an engine certified to the standards of 40 CFR
part 1036 are deemed to fully conform to all requirements applicable to
vocational vehicles under this part.
    (2) The vehicles must be labeled as specified under Sec.  1037.631
instead of as specified in paragraph (b)(3) of this section.

Sec.  1037.631  Exemption for vocational vehicles intended for off-road
use.

    This section provides an exemption from the greenhouse gas
standards of this part for certain vocational vehicles intended to be
used extensively in off-

road environments such as forests, oil fields, and construction sites.
This section does not exempt engines used in vocational vehicles from
the standards of 40 CFR part 86 or part 1036. Note that you may not
include these exempted vehicles in any credit calculations under this
part. Note also that trailers designed specifically for off-road use
are generally excluded from the requirements of this part under Sec.
1037.5.
    (a) Qualifying criteria. Vocational vehicles intended for off-road
use are exempt without request, subject to the provisions of this
section, if they are primarily designed to perform work off-road (such
as in oil fields, mining, forests, or construction sites), and they
meet at least one of the criteria of paragraph (a)(1) of this section
and at least one of the criteria of paragraph (a)(2) of this section.
    (1) The vehicle must have affixed components designed to work in an
off-road environment (i.e., hazardous material equipment or off-road
drill equipment) or be designed to operate at low speeds such that it
is unsuitable for normal highway operation.
    (2) The vehicle must meet one of the following criteria:
    (i) Have an axle that has a gross axle weight rating (GAWR) at or
above 29,000 pounds.
    (ii) Have a speed attainable in 2.0 miles of not more than 33 mph.
    (iii) Have a speed attainable in 2.0 miles of not more than 45 mph,
an unloaded vehicle weight that is not less than 95 percent of its
gross vehicle weight rating, and no capacity to carry occupants other
than the driver and operating crew.
    (b) Tractors. The provisions of this section may apply for tractors
only if each tractor qualifies as a vocational tractor under Sec.
1037.630.
    (c) Recordkeeping and reporting. (1) You must keep records to
document that your exempted vehicle configurations meet all applicable
requirements of this section. Keep these records for at least eight
years after you stop producing the exempted vehicle model. We may
review these records at any time.
    (2) You must also keep records of the individual exempted vehicles
you produce, including the vehicle identification number and a
description of the vehicle configuration.
    (3) Within 90 days after the end of each model year, you must send
to the Designated Compliance Officer a report with the following
information:
    (i) A description of each exempted vehicle configuration, including
an explanation of why it qualifies for this exemption.
    (ii) The number of vehicles exempted for each vehicle
configuration.
    (d) Labeling. You must include the following additional statement
on the vehicle's emission control information label under Sec.
1037.135: ``THIS VEHICLE WAS EXEMPTED UNDER 40 CFR 1037.631.''

Sec.  1037.635  Glider kits.

    Section 1037.601(a)(1) generally disallows the introduction into
U.S. commerce of a new tractor or vocational vehicle (including a
vehicle assembled from a glider kit) unless it has an engine that is
certified to the standards that apply for the engine model year
corresponding to the vehicle's date of manufacture. For example, for a
vehicle with a 2020 date of manufacture, the engine must meet the
standards that apply for model year 2020. Note that the engine may be
from an earlier model year if the standards were identical. This
section describes an exemption from the certification requirement that
applies for qualifying manufacturers. Note that the Clean Air Act
definition of ``manufacturer'' includes anyone who assembles motor
vehicles, including entities that install engines in or otherwise
complete assembly of glider kits.
    (a) Vehicles conforming to the requirements in paragraphs (b)
through (g) of this section are exempt from the emission standards of
this part. Engines in such vehicles remain subject to the requirements
of 40 CFR part 86 applicable for the engines' original model year, but
are exempt from the standards of 40 CFR part 1036.
    (b) You are eligible for an exemption under this section if you are
a small manufacturer and you sold vehicles in 2014 under the provisions
of Sec.  1037.150(j). You must notify us of your plans to use this
exemption before you introduce exempt vehicles into U.S. commerce. In
your notification, you must identify your annual sales of such vehicles
for calendar years 2010 through 2014. Vehicles you produce before
notifying us, are not exempt under this section.
    (c) In a given calendar year, you may sell up to 300 exempt
vehicles under this section, or up to the highest annual sales volume
you identify in paragraph (b) of this section, whichever is less.
    (d) Identify the number of exempt vehicles you sold under this
section for the prior calendar year in your annual report under Sec.
1037.250,
    (e) Include the following statement on the label required under
Sec.  1037.135: ``THIS VEHICLE AND ITS ENGINE ARE EXEMPT UNDER 40 CFR
1037.635.''
    (f) This exemption is valid for a given vehicle only if you meet
all the requirements and conditions of this section that apply with
respect to that vehicle. Introducing such a vehicle into U.S. commerce
without meeting all applicable requirements and conditions violates 40
CFR 1068.101(a)(1).
    (g) Companies that are not small manufacturers may sell uncertified
incomplete vehicles without engines to small manufacturers for the
purpose of producing exempt vehicles under this section, subject to the
provisions of Sec.  1037.622.

Sec.  1037.640  Variable vehicle speed limiters.

    This section specifies provisions that apply for vehicle speed
limiters (VSLs) that you model under Sec.  1037.520. This does not
apply for VSLs that you do not model under Sec.  1037.520.
    (a) General. The regulations of this part do not constrain how you
may design VSLs for your vehicles. For example, you may design your VSL
to have a single fixed speed limit or a soft-top speed limit. You may
also design your VSL to expire after accumulation of a predetermined
number of miles. However, designs with soft tops or expiration features
are subject to proration provisions under this section that do not
apply to fixed VSLs that do not expire.
    (b) Definitions. The following definitions apply for purposes of
this section:
    (1) Default speed limit means the speed limit that normally applies
for the vehicle, except as follows:
    (i) The default speed limit for adjustable VSLs must represent the
speed limit that applies when the VSL is adjusted to its highest
setting under paragraph (c) of this section.
    (ii) For VSLs with soft tops, the default speed does not include
speeds possible only during soft-top operation.
    (iii) For expiring VSLs, the default does not include speeds that
are possible only after expiration.
    (2) Soft-top speed limit means the highest speed limit that applies
during soft-top operation.
    (3) Maximum soft-top duration means the maximum amount of time that
a vehicle could operate above the default speed limit.
    (4) Certified VSL means a VSL configuration that applies when a
vehicle is new and until it expires.
    (5) Expiration point means the mileage at which a vehicle's
certified VSL expires (or the point at which tamper protections
expire).
    (6) Effective speed limit has the meaning given in paragraph (d) of
this section.

    (c) Adjustments. You may design your VSL to be adjustable; however,
this may affect the value you use in GEM.
    (1) Except as specified in paragraph (c)(2) of this section, any
adjustments that can be made to the engine, vehicle, or their controls
that change the VSL's actual speed limit are considered to be
adjustable operating parameters. Compliance is based on the vehicle
being adjusted to the highest speed limit within this range.
    (2) The following adjustments are not adjustable parameters:
    (i) Adjustments made only to account for changing tire size or
final drive ratio.
    (ii) Adjustments protected by encrypted controls or passwords.
    (iii) Adjustments possible only after the VSL's expiration point.
    (d) Effective speed limit. (1) For VSLs without soft tops or
expiration points that expire before 1,259,000 miles, the effective
speed limit is the highest speed limit that results by adjusting the
VSL or other vehicle parameters consistent with the provisions of
paragraph (c) of this section.
    (2) For VSLs with soft tops and/or expiration points, the effective
speed limit is calculated as specified in this paragraph (d)(2), which
is based on 10 hours of operation per day (394 miles per day for day
cabs and 551 miles per day for sleeper cabs). Note that this
calculation assumes that a fraction of this operation is speed limited
(3.9 hours and 252 miles for day cabs, and 7.3 hours and 474 miles for
sleeper cabs). Use the following equation to calculate the effective
speed limit, rounded to the nearest 0.1 mph:

Effective speed = ExF [middot] [STF [middot] STSL + (1-STF) [middot]
DSL] + (1-ExF) [middot] 65 mph

Where:

ExF = expiration point miles/1,259,000 miles.
STF = the maximum number of allowable soft top operation hours per
day/3.9 hours for day cabs (or maximum miles per day/252), or the
maximum number of allowable soft top operation hours per day/7.3
hours for sleeper cabs (or maximum miles per day/474).
STSL = the soft top speed limit.
DSL = the default speed limit.

Sec.  1037.645  In-use compliance with family emission limits (FELs).

    Section 1037.225 describes how to change the FEL for a vehicle
family during the model year. This section, which describes how you may
ask us to increase a vehicle family's FEL after the end of the model
year, is intended to address circumstances in which it is in the public
interest to apply a higher in-use FEL based on forfeiting an
appropriate number of emission credits.
    (a) You may ask us to increase a vehicle family's FEL after the end
of the model year if you believe some of your in-use vehicles exceed
the CO2 FEL that applied during the model year (or the
CO2 emission standard if the family did not generate or use
emission credits). We may consider any available information in making
our decision to approve or deny your request.
    (b) If we approve your request under this section, you must apply
emission credits to cover the increased FEL for all affected vehicles.
Apply the emission credits as part of your credit demonstration for the
current production year. Include the appropriate calculations in your
final report under Sec.  1037.730.
    (c) Submit your request to the Designated Compliance Officer.
Include the following in your request:
    (1) Identify the names of each vehicle family that is the subject
of your request. Include separate family names for different model
years.
    (2) Describe why your request does not apply for similar vehicle
models or additional model years, as applicable.
    (3) Identify the FEL that applied during the model year for each
configuration and recommend replacement FELs for in-use vehicles;
include a supporting rationale to describe how you determined the
recommended replacement FELs.
    (4) Describe whether the needed emission credits will come from
averaging, banking, or trading.
    (d) If we approve your request, we will identify one or more
replacement FELs, as follows:
    (1) Where your vehicle family includes more than one sub-family
with different FELs, we may apply a higher FEL within the family than
was applied to the vehicle's configuration in your final ABT report.
For example, if your vehicle family included three sub-families, with
FELs of 200 g/ton-mile, 210 g/ton-mile, and 220 g/ton-mile, we may
apply a 220 g/ton-mile in-use FEL to vehicles that were originally
designated as part of the 200 g/ton-mile or 210 g/ton-mile sub-
families.
    (2) Without regard to the number of sub-families in your certified
vehicle family, we may specify one or more new sub-families with higher
FELs than you included in your final ABT report. We may apply these
higher FELs as in-use FELs for your vehicles. For example, if your
vehicle family included three sub-families, with FELs of 200 g/ton-
mile, 210 g/ton-mile, and 220 g/ton-mile, we may specify a new 230 g/
ton-mile sub-family.
    (3) Our selected values for the replacement FEL will reflect our
best judgment to accurately reflect the actual in-use performance of
your vehicles, consistent with the testing provisions specified in this
part.
    (4) We may apply the higher FELs to other vehicle families from the
same or different model years to the extent they used equivalent
emission controls. We may include any appropriate conditions with our
approval.
    (e) If we order a recall for a vehicle family under 40 CFR
1068.505, we will no longer approve a replacement FEL under this
section for any of your vehicles from that vehicle family, or from any
other vehicle family that relies on equivalent emission controls.

Sec.  1037.650  Tire manufacturers.

    This section describes how the requirements of this part apply with
respect to tire manufacturers that choose to provide test data or
emission warranties for purposes of this part.
    (a) Testing. You are responsible as follows for test tires and
emission test results that you provide to vehicle manufacturers for the
purpose of the manufacturer submitting them to EPA for certification
under this part:
    (1) Such test results are deemed under Sec.  1037.825 to be
submissions to EPA. This means that you may be subject to criminal
penalties under 18 U.S.C. 1001 if you knowingly submit false test
results to the manufacturer.
    (2) You may not cause a vehicle manufacturer to violate the
regulations by rendering inaccurate emission test results you provide
(or emission test results from testing of test tires you provide) to
the vehicle manufacturer.
    (3) Your provision of test tires and emission test results to
vehicle manufacturers for the purpose of certifying under this part is
deemed to be an agreement to provide tires to EPA for confirmatory
testing under Sec.  1037.201.
    (b) Warranty. You may contractually agree to process emission
warranty claims on behalf of the manufacturer certifying the vehicle
with respect to tires you produce.
    (1) Your fulfillment of the warranty requirements of this part is
deemed to fulfill the vehicle manufacturer's warranty obligations under
this part with respect to tires you warrant.
    (2) You may not cause a vehicle manufacturer to violate the
regulations by failing to fulfill the emission warranty requirements
that you contractually agreed to fulfill.

Sec.  1037.655  Post-useful life vehicle modifications.

    This section specifies vehicle modifications that may occur in
certain

circumstances after a vehicle reaches the end of its regulatory useful
life. It does not apply with respect to modifications that occur within
the useful life period. It also does not apply with respect to engine
modifications or recalibrations. Note that many such modifications to
the vehicle during the useful life and to the engine at any time are
presumed to violate 42 U.S.C. 7522(a)(3)(A).
    (a) General. Except as allowed by this section, it is prohibited
for any person to remove or render inoperative any emission control
device installed to comply with the requirements of this part 1037.
    (b) Allowable modifications. You may modify a vehicle for the
purpose of reducing emissions, provided you have a reasonable technical
basis for knowing that such modification will not increase emissions of
any other pollutant. Reasonable technical basis has the meaning given
in 40 CFR 1068.30. This generally requires you to have information that
would lead an engineer or other person familiar with engine and vehicle
design and function to reasonably believe that the modifications will
not increase emissions of any regulated pollutant.
    (c) Examples of allowable modifications. The following are examples
of allowable modifications:
    (1) It is generally allowable to remove tractor roof fairings after
the end of the vehicle's useful life if the vehicle will no longer be
used primarily to pull box trailers.
    (2) Other fairings may be removed after the end of the vehicle's
useful life if the vehicle will no longer be used significantly on
highways with vehicle speed of 55 miles per hour or higher.
    (d) Examples of prohibited modifications. The following are
examples of modifications that are not allowable:
    (1) No person may disable a vehicle speed limiter prior to its
expiration point.
    (2) No person may remove aerodynamic fairings from tractors that
are used primarily to pull box trailers on highways.

Sec.  1037.660  Automatic engine shutdown systems.

    This section specifies requirements that apply for certified
automatic engine shutdown (AES) systems modeled under Sec.  1037.520.
It does not apply for AES systems you do not model under Sec.
1037.520.
    (a) Minimum requirements. Your AES system must meet all of the
requirements of this paragraph (a) to be modeled under Sec.  1037.520.
The system must shut down the engine within 300 seconds when all the
following conditions are met:
    (1) The transmission is set in neutral with the parking brake
engaged (or the transmission is set to park if so equipped).
    (2) The operator has not reset the system timer within the 300
seconds by changing the position of the accelerator, brake, or clutch
pedal; or by some other mechanism we approve.
    (3) None of the override conditions of paragraph (b) of this
section are met.
    (b) Override conditions. The system may delay shutting the engine
down while any of the conditions of this paragraph (b) apply. Engines
equipped with auto restart may restart during override conditions. Note
that these conditions allow the system to delay shutdown or restart,
but do not allow it to reset the timer. The system may delay shutdown--
    (1) While an exhaust emission control device is regenerating. The
period considered to be regeneration for purposes of this allowance
must be consistent with good engineering judgment and may differ in
length from the period considered to be regeneration for other
purposes. For example, in some cases it may be appropriate to include a
cool down period for this purpose but not for infrequent regeneration
adjustment factors.
    (2) If necessary while servicing the vehicle, provided the
deactivation of the AES system is accomplished using a diagnostic scan
tool. The system must be automatically reactivated when the engine is
shutdown for more than 60 minutes.
    (3) If the vehicle's main battery state-of-charge is not sufficient
to allow the main engine to be restarted.
    (4) If the external ambient temperature reaches a level below which
or above which the cabin temperature cannot be maintained within
reasonable heat or cold exposure threshold limit values for the health
and safety of the operator (not merely comfort).
    (5) If the vehicle's engine coolant temperature is too low
according to the manufacturer's engine protection guidance. This may
also apply for fuel or oil temperatures. This allows the engine to
continue operating until it reaches a predefined temperature at which
the shutdown sequence of paragraph (a) of this section would resume.
    (6) The system may delay shutdown while the vehicle's main engine
is operating in power take-off (PTO) mode. For purposes of this
paragraph (b)(6), an engine is considered to be in PTO mode when a
switch or setting designating PTO mode is enabled.
    (c) Adjustments to AES systems. (1) The AES system may include an
expiration point (in miles) after which the AES system may be disabled.
If your vehicle is equipped with an AES system that expires before
1,259,000 miles, adjust the model input as follows, rounded to the
nearest 0.1 g/ton-mile: AES Input = 5 g CO2/ton-mile x
(miles at expiration/1,259,000 miles).
    (2) For AES systems designed to limit idling to a specific number
of hours less than 1,800 hours over any 12-month period, calculate an
adjusted AES input using the following equation, rounded to the nearest
0.1 g/ton-mile: AES Input = 5 g CO2/ton-mile x (1 - (maximum
allowable number of idling hours per year/1,800 hours)). This is an
annual allowance that starts when the vehicle is new and resets every
12 months after that. Manufacturers may propose an alternative method
based on operating hours or miles instead of years.
    (d) Adjustable parameters. Provisions that apply generally with
respect to adjustable parameters also apply to the AES system operating
parameters, except the following are not considered to be adjustable
parameters:
    (1) Accelerator, brake, and clutch pedals, with respect to
resetting the idle timer. Parameters associated with other timer reset
mechanisms we approve are also not adjustable parameters.
    (2) Bypass parameters allowed for vehicle service under paragraph
(b)(2) of this section.
    (3) Parameters that are adjustable only after the expiration point.

Sec.  1037.665  In-use tractor testing.

    Manufacturers with U.S.-directed production volumes of greater than
20,000 tractors must perform in-use testing as described in this
section.
    (a) The following test requirements apply beginning in model year
2021:
    (1) Each year, select for testing three sleeper cabs and two day
cabs certified to Phase 1 or Phase 2 standards. If we do not identify
certain vehicle configurations for your testing, select models that you
project to be among your 12 highest-selling vehicle configurations for
the given year.
    (2) Set up the tractors on a chassis dynamometer and operate them
over all applicable duty cycles from Sec.  1037.510(a). You may use
emission-measurement systems meeting the specifications of 40 CFR part
1065, subpart J. Calculate coefficients for the road-load force
equation as described in Section 10 of SAE J1263 or Section 11 of SAE
J2263 (both incorporated by reference in Sec.  1037.810). Use standard

payload. Measure emissions of NOX, PM, CO, NMHC,
CO2, CH4, and N2O. Determine emission
levels in g/hour for the idle test and g/ton-mile for other duty
cycles.
    (b) Send us an annual report with your test results for each duty
cycle and the corresponding GEM results. We may make your test data
publicly available.

Subpart H--Averaging, Banking, and Trading for Certification

Sec.  1037.701  General provisions.

    (a) You may average, bank, and trade emission credits for purposes
of certification as described in this subpart and in subpart B of this
part to show compliance with the standards of Sec. Sec.  1037.105
through 1037.107. Participation in this program is voluntary.
    (b) The definitions of Subpart I of this part apply to this
subpart. The following definitions also apply:
    (1) Actual emission credits means emission credits you have
generated that we have verified by reviewing your final report.
    (2) Averaging set means a set of vehicles in which emission credits
may be exchanged. Credits generated by one vehicle may only be used by
other vehicles in the same averaging set. Note that an averaging set
may comprise more than one regulatory subcategory. See Sec.  1037.740.
    (3) Broker means any entity that facilitates a trade of emission
credits between a buyer and seller.
    (4) Buyer means the entity that receives emission credits as a
result of a trade.
    (5) Reserved emission credits means emission credits you have
generated that we have not yet verified by reviewing your final report.
    (6) Seller means the entity that provides emission credits during a
trade.
    (7) Standard means the emission standard that applies under subpart
B of this part for vehicles not participating in the ABT program of
this subpart.
    (8) Trade means to exchange emission credits, either as a buyer or
seller.
    (c) Emission credits may be exchanged only within an averaging set
as specified in Sec.  1037.740.
    (d) You may not use emission credits generated under this subpart
to offset any emissions that exceed an FEL or standard, except as
allowed by Sec.  1037.645.
    (e) You may use either of the following approaches to retire or
forego emission credits:
    (1) You may trade emission credits generated from any number of
your vehicles to the vehicle purchasers or other parties to retire the
credits. Identify any such credits in the reports described in Sec.
1037.730. Vehicles must comply with the applicable FELs even if you
donate or sell the corresponding emission credits under this paragraph
(e). Those credits may no longer be used by anyone to demonstrate
compliance with any EPA emission standards.
    (2) You may certify a family using an FEL below the emission
standard as described in this part and choose not to generate emission
credits for that family. If you do this, you do not need to calculate
emission credits for those families and you do not need to submit or
keep the associated records described in this subpart for that family.
    (f) Emission credits may be used in the model year they are
generated. Surplus emission credits may be banked for future model
years. Surplus emission credits may sometimes be used for past model
years, as described in Sec.  1037.745.
    (g) You may increase or decrease an FEL during the model year by
amending your application for certification under Sec.  1037.225. The
new FEL may apply only to vehicles you have not already introduced into
commerce.
    (h) See Sec.  1037.740 for special credit provisions that apply for
credits generated under Sec.  1037.104(d)(7), Sec.  1037.615 or 40 CFR
1036.615.
    (i) Unless the regulations explicitly allow it, you may not
calculate credits more than once for any emission reduction. For
example, if you generate CO2 emission credits for a given
hybrid vehicle under this part, no one may generate CO2
emission credits for the hybrid engine under 40 CFR part 1036. However,
credits could be generated for identical engine used in vehicles that
did not generate credits under this part.
    (j) You may use emission credits generated under the Phase 1
standards when certifying vehicles to Phase 2 standards. No credit
adjustments are required other than corrections for different useful
lives.

Sec.  1037.705  Generating and calculating emission credits.

    (a) The provisions of this section apply separately for calculating
emission credits for each pollutant.
    (b) For each participating family or subfamily, calculate positive
or negative emission credits relative to the otherwise applicable
emission standard. Calculate positive emission credits for a family or
subfamily that has an FEL below the standard. Calculate negative
emission credits for a family or subfamily that has an FEL above the
standard. Sum your positive and negative credits for the model year
before rounding. Round the sum of emission credits to the nearest
megagram (Mg), using consistent units with the following equation:

Emission credits (Mg) = (Std-FEL) [middot] (PL) [middot] (Volume)
[middot] (UL) [middot] (10-\6\)

Where:

Std = the emission standard associated with the specific regulatory
subcategory (g/ton-mile).
FEL = the family emission limit for the vehicle subfamily (g/ton-
mile).
PL = standard payload, in tons.
Volume = U.S.-directed production volume of the vehicle subfamily.
For example, if you produce three configurations with the same FEL,
the subfamily production volume would be the sum of the production
volumes for these three configurations.
UL = useful life of the vehicle, in miles, as described in Sec.
1037.105 and Sec.  1037.106. Use 250,000 miles for trailers.

    (c) As described in Sec.  1037.730, compliance with the
requirements of this subpart is determined at the end of the model year
based on actual U.S.-directed production volumes. Keep appropriate
records to document these production volumes. Do not include any of the
following vehicles to calculate emission credits:
    (1) Vehicles that you do not certify to the CO2
standards of this part because they are permanently exempted under
subpart G of this part or under 40 CFR part 1068.
    (2) Exported vehicles.
    (3) Vehicles not subject to the requirements of this part, such as
those excluded under Sec.  1037.5.
    (4) Any other vehicles, where we indicate elsewhere in this part
1037 that they are not to be included in the calculations of this
subpart.

Sec.  1037.710  Averaging.

    (a) Averaging is the exchange of emission credits among your
vehicle families. You may average emission credits only within the same
averaging set.
    (b) You may certify one or more vehicle families (or subfamilies)
to an FEL above the applicable standard, subject to any applicable FEL
caps and other provisions in subpart B of this part, if you show in
your application for certification that your projected balance of all
emission-credit transactions in that model year is greater than or
equal to zero or that a negative balance is allowed under Sec.
1037.745.
    (c) If you certify a vehicle family to an FEL that exceeds the
otherwise applicable standard, you must obtain enough emission credits
to offset the vehicle family's deficit by the due date

for the final report required in Sec.  1037.730. The emission credits
used to address the deficit may come from your other vehicle families
that generate emission credits in the same model year (or from later
model years as specified in Sec.  1037.745), from emission credits you
have banked from previous model years, or from emission credits
generated in the same or previous model years that you obtained through
trading. Note that the option for using banked or traded credits does
not apply for trailers.

Sec.  1037.715  Banking.

    (a) Banking is the retention of surplus emission credits by the
manufacturer generating the emission credits for use in future model
years for averaging or trading. Note that Sec.  1037.107 does not allow
banking for trailers.
    (b) You may designate any emission credits you plan to bank in the
reports you submit under Sec.  1037.730 as reserved credits. During the
model year and before the due date for the final report, you may
designate your reserved emission credits for averaging or trading.
    (c) Reserved credits become actual emission credits when you submit
your final report. However, we may revoke these emission credits if we
are unable to verify them after reviewing your reports or auditing your
records.
    (d) Banked credits retain the designation of the averaging set in
which they were generated.

Sec.  1037.720  Trading.

    (a) Trading is the exchange of emission credits between
manufacturers, or the transfer of credits to another party to retire
them. You may use traded emission credits for averaging, banking, or
further trading transactions. Traded emission credits remain subject to
the averaging-set restrictions based on the averaging set in which they
were generated. Note that Sec.  1037.107 does not allow trading for
trailers.
    (b) You may trade actual emission credits as described in this
subpart. You may also trade reserved emission credits, but we may
revoke these emission credits based on our review of your records or
reports or those of the company with which you traded emission credits.
You may trade banked credits within an averaging set to any certifying
manufacturer.
    (c) If a negative emission credit balance results from a
transaction, both the buyer and seller are liable, except in cases we
deem to involve fraud. See Sec.  1037.255(e) for cases involving fraud.
We may void the certificates of all vehicle families participating in a
trade that results in a manufacturer having a negative balance of
emission credits. See Sec.  1037.745.

Sec.  1037.725  What must I include in my application for
certification?

    (a) You must declare in your application for certification your
intent to use the provisions of this subpart for each vehicle family
that will be certified using the ABT program. You must also declare the
FELs you select for the vehicle family or subfamily for each pollutant
for which you are using the ABT program. Your FELs must comply with the
specifications of subpart B of this part, including the FEL caps. FELs
must be expressed to the same number of decimal places as the
applicable standards.
    (b) Include the following in your application for certification:
    (1) A statement that, to the best of your belief, you will not have
a negative balance of emission credits for any averaging set when all
emission credits are calculated at the end of the year; or a statement
that you will have a negative balance of emission credits for one or
more averaging sets but that it is allowed under Sec.  1037.745.
    (2) Calculations of projected emission credits (positive or
negative) based on projected U.S.-directed production volumes. We may
require you to include similar calculations from your other vehicle
families to project your net credit balances for the model year. If you
project negative emission credits for a family or subfamily, state the
source of positive emission credits you expect to use to offset the
negative emission credits.

Sec.  1037.730  ABT reports.

    (a) If any of your vehicle families are certified using the ABT
provisions of this subpart, you must send a final report by March 31
following the end of the model year. You may ask us to extend the
deadline for the final report to April 30.
    (b) Your final report must include the following information for
each vehicle family participating in the ABT program:
    (1) Vehicle-family and subfamily designations, and averaging set.
    (2) The regulatory subcategory and emission standards that would
otherwise apply to the vehicle family.
    (3) The FEL for each pollutant. If you change the FEL after the
start of production, identify the date that you started using the new
FEL and/or give the vehicle identification number for the first vehicle
covered by the new FEL. In this case, identify each applicable FEL and
calculate the positive or negative emission credits as specified in
Sec.  1037.225.
    (4) The projected and actual U.S.-directed production volumes for
the model year. If you changed an FEL during the model year, identify
the actual U.S.-directed production volume associated with each FEL.
    (5) Useful life.
    (6) Calculated positive or negative emission credits for the whole
vehicle family. Identify any emission credits that you traded, as
described in paragraph (d)(1) of this section.
    (7) If you have a negative credit balance for the averaging set in
the given model year, specify whether the vehicle family (or certain
subfamilies with the vehicle family) have a credit deficit for the
year. Consider for example, a manufacturer with three vehicle families
(``A'', ``B'', and ``C'') in a given averaging set. If family A
generates enough credits to offset the negative credits of family B but
not enough to also offset the negative credits of family C (and the
manufacturer has no banked credits in the averaging set), the
manufacturer may designate families A and B as having no deficit for
the model year, provided it designates family C as having a deficit for
the model year.
    (c) Your final report must include the following additional
information:
    (1) Show that your net balance of emission credits from all your
participating vehicle families in each averaging set in the applicable
model year is not negative, except as allowed under Sec.  1037.745.
Your credit tracking must account for the limitation on credit life
under Sec.  1037.40(c).
    (2) State whether you will retain any emission credits for banking.
If you choose to retire emission credits that would otherwise be
eligible for banking, identify the families that generated the emission
credits, including the number of emission credits from each family.
    (3) State that the report's contents are accurate.
    (4) Identify the technologies that make up the certified
configuration associated with each vehicle identification number. You
may identify this as a range of identification numbers for vehicles
involving a single, identical certified configuration.
    (d) If you trade emission credits, you must send us a report within
90 days after the transaction, as follows:
    (1) As the seller, you must include the following information in
your report:
    (i) The corporate names of the buyer and any brokers.
    (ii) A copy of any contracts related to the trade.

    (iii) The vehicle families that generated emission credits for the
trade, including the number of emission credits from each family.
    (2) As the buyer, you must include the following information in
your report:
    (i) The corporate names of the seller and any brokers.
    (ii) A copy of any contracts related to the trade.
    (iii) How you intend to use the emission credits, including the
number of emission credits you intend to apply to each vehicle family
(if known).
    (e) Send your reports electronically to the Designated Compliance
Officer using an approved information format. If you want to use a
different format, send us a written request with justification for a
waiver.
    (f) Correct errors in your final report as follows:
    (1) If you or we determine before the due date for the final report
that errors mistakenly decreased your balance of emission credits, you
may correct the errors and recalculate the balance of emission credits.
You may not make these corrections for errors that are determined after
the due date for the final report. If you report a negative balance of
emission credits, we may disallow corrections under this paragraph
(f)(1).
    (2) If you or we determine anytime that errors mistakenly increased
your balance of emission credits, you must correct the errors and
recalculate the balance of emission credits.

Sec.  1037.735  Recordkeeping.

    (a) You must organize and maintain your records as described in
this section.
    (b) Keep the records required by this section for at least eight
years after the due date for the final report. You may not use emission
credits for any vehicles if you do not keep all the records required
under this section. You must therefore keep these records to continue
to bank valid credits.
    (c) Keep a copy of the reports we require in Sec. Sec.  1037.725
and 1037.730.
    (d) Keep records of the vehicle identification number for each
vehicle you produce. You may identify these numbers as a range. If you
change the FEL after the start of production, identify the date you
started using each FEL and the range of vehicle identification numbers
associated with each FEL. You must also identify the purchaser and
destination for each vehicle you produce to the extent this information
is available.
    (e) We may require you to keep additional records or to send us
relevant information not required by this section in accordance with
the Clean Air Act.

Sec.  1037.740  Restrictions for using emission credits.

    The following restrictions apply for using emission credits:
    (a) Averaging sets. Except as specified in paragraph (b) of this
section, emission credits may be exchanged only within an averaging
set. The following principal averaging sets apply for vehicles subject
to this subpart:
    (1) Class 2b through 5 vehicles that are subject to the standards
of Sec.  1037.105.
    (2) Class 6 and 7 vehicles.
    (3) Class 8 vehicles.
    (4) Long box van trailers.
    (5) Short box van trailers.
    (6) Long refrigerated box van trailers.
    (7) Short refrigerated box van trailers.
    (8) Note that other separate averaging sets also apply for emission
credits not related to this part. For example, vehicles certified to
the greenhouse gas standards of 40 CFR 86.1819 comprise a single
averaging set. Separate averaging sets also apply for engines under 40
CFR part 1036, including engines used in vehicles subject to this
subpart.
    (b) Credits from hybrid vehicles and other advanced technologies.
Credits you generate under Sec.  1037.615 in Phase 1 may be used for
any of the averaging sets identified in paragraph (a) of this section;
you may also use those credits to demonstrate compliance with the
CO2 emission standards in 40 CFR 86.1819 and 40 CFR part
1036. Similarly, you may use advanced-technology credits generated
under 40 CFR 86.1819-14(k)(7) or 40 CFR 1036.615 to demonstrate
compliance with the CO2 standards in this part.
    (1) The maximum amount of credits you may bring into the following
service class groups is 60,000 Mg per model year:
    (i) Spark-ignition engines, light heavy-duty compression-ignition
engines, and light heavy-duty vehicles. This group comprises the
averaging set listed in paragraphs (a)(1) of this section and the
averaging set listed in 40 CFR 1036.740(a)(1) and (2).
    (ii) Medium heavy-duty compression-ignition engines and medium
heavy-duty vehicles. This group comprises the averaging sets listed in
paragraph (a)(2) of this section and 40 CFR 1036.740(a)(3).
    (iii) Heavy heavy-duty compression-ignition engines and heavy
heavy-duty vehicles. This group comprises the averaging sets listed in
paragraph (a)(3) of this section and 40 CFR 1036.740(a)(4).
    (2) Paragraph (b)(1) of this section does not limit the advanced
technology credits that can be used within a service class group if
they were generated in that same service class group.
    (c) Credit life. Banked credits may be used only for five model
years after the year in which they are generated. For example, credits
you generate in model year 2018 may be used to demonstrate compliance
with emission standards only through model year 2023.
    (d) Other restrictions. Other sections of this part specify
additional restrictions for using emission credits under certain
special provisions.

Sec.  1037.745  End-of-year CO2 credit deficits.

    Except as allowed by this section, we may void the certificate of
any vehicle family certified to an FEL above the applicable standard
for which you do not have sufficient credits by the deadline for
submitting the final report.
    (a) Your certificate for a vehicle family for which you do not have
sufficient CO2 credits will not be void if you remedy the
deficit with surplus credits within three model years (this applies
equally for tractors, trailers, and vocational vehicles). For example,
if you have a credit deficit of 500 Mg for a vehicle family at the end
of model year 2015, you must generate (or otherwise obtain) a surplus
of at least 500 Mg in that same averaging set by the end of model year
2018.
    (b) You may not bank or trade away CO2 credits in the
averaging set in any model year in which you have a deficit.
    (c) You may apply only surplus credits to your deficit. You may not
apply credits to a deficit from an earlier model year if they were
generated in a model year for which any of your vehicle families for
that averaging set had an end-of-year credit deficit.
    (d) If you do not remedy the deficit with surplus credits within
three model years, we may void your certificate for that vehicle
family. Note that voiding a certificate applies ab initio. Where the
net deficit is less than the total amount of negative credits
originally generated by the family, we will void the certificate only
with respect to the number of vehicles needed to reach the amount of
the net deficit. For example, if the original vehicle family generated
500 Mg of negative credits, and the manufacturer's net deficit after
three years was 250 Mg, we would void the certificate with respect to
half of the vehicles in the family.
    (e) For purposes of calculating the statute of limitations, the
following actions are all considered to occur at the expiration of the
deadline for offsetting a deficit as specified in paragraph (a) of this
section:
    (1) Failing to meet the requirements of paragraph (a) of this
section.

    (2) Failing to satisfy the conditions upon which a certificate was
issued relative to offsetting a deficit.
    (3) Selling, offering for sale, introducing or delivering into U.S.
commerce, or importing vehicles that are found not to be covered by a
certificate as a result of failing to offset a deficit.

Sec.  1037.750  What can happen if I do not comply with the provisions
of this subpart?

    (a) For each vehicle family participating in the ABT program, the
certificate of conformity is conditioned upon full compliance with the
provisions of this subpart during and after the model year. You are
responsible to establish to our satisfaction that you fully comply with
applicable requirements. We may void the certificate of conformity for
a vehicle family if you fail to comply with any provisions of this
subpart.
    (b) You may certify your vehicle family or subfamily to an FEL
above an applicable standard based on a projection that you will have
enough emission credits to offset the deficit for the vehicle family.
See Sec.  1037.745 for provisions specifying what happens if you cannot
show in your final report that you have enough actual emission credits
to offset a deficit for any pollutant in a vehicle family.
    (c) We may void the certificate of conformity for a vehicle family
if you fail to keep records, send reports, or give us information we
request. Note that failing to keep records, send reports, or give us
information we request is also a violation of 42 U.S.C. 7522(a)(2).
    (d) You may ask for a hearing if we void your certificate under
this section (see Sec.  1037.820).

Sec.  1037.755  Information provided to the Department of
Transportation.

    After receipt of each manufacturer's final report as specified in
Sec.  1037.730 and completion of any verification testing required to
validate the manufacturer's submitted final data, we will issue a
report to the Department of Transportation with CO2 emission
information and will verify the accuracy of each manufacturer's
equivalent fuel consumption data required by NHTSA under 49 CFR 535.8.
We will send a report to DOT for each vehicle manufacturer based on
each regulatory category and subcategory, including sufficient
information for NHTSA to determine fuel consumption and associated
credit values. See 49 CFR 535.8 to determine if NHTSA deems submission
of this information to EPA to also be a submission to NHTSA.

Subpart I--Definitions and Other Reference Information

Sec.  1037.801  Definitions.

    The following definitions apply to this part. The definitions apply
to all subparts unless we note otherwise. All undefined terms have the
meaning the Act gives to them. The definitions follow:
    Act means the Clean Air Act, as amended, 42 U.S.C. 7401-7671q.
    Adjustable parameter means any device, system, or element of design
that someone can adjust (including those which are difficult to access)
and that, if adjusted, may affect measured or modeled emissions (as
applicable). You may ask us to exclude a parameter that is difficult to
access if it cannot be adjusted to affect emissions without
significantly degrading vehicle performance, or if you otherwise show
us that it will not be adjusted in a way that affects emissions during
in-use operation.
    Adjusted Loaded Vehicle Weight means the numerical average of
vehicle curb weight and GVWR.
    Advanced technology means vehicle technology certified under 40 CFR
86.1819-14(k)(7), 40 CFR 1036.615, or Sec.  1037.615.
    Aftertreatment means relating to a catalytic converter, particulate
filter, or any other system, component, or technology mounted
downstream of the exhaust valve (or exhaust port) whose design function
is to decrease emissions in the vehicle exhaust before it is exhausted
to the environment. Exhaust-gas recirculation (EGR) and turbochargers
are not aftertreatment.
    Aircraft means any vehicle capable of sustained air travel more
than 100 feet off the ground.
    Alcohol-fueled vehicle means a vehicle that is designed to run
using an alcohol fuel. For purposes of this definition, alcohol fuels
do not include fuels with a nominal alcohol content below 25 percent by
volume.
    Alternative fuel conversion has the meaning given for clean
alternative fuel conversion in 40 CFR 85.502.
    Ambulance has the meaning given in 40 CFR 86.1803.
    Amphibious vehicle means a motor vehicle that is also designed for
operation on water.
    A to B testing means testing performed in pairs to allow comparison
of two vehicles or other test articles. Back-to-back tests are
performed on Article A and Article B, changing only the variable(s) of
interest for the two tests.
    Automatic tire inflation system means a system installed on a
vehicle to keep each tire inflated to within 10 percent of the target
value with no operator input.
    Auxiliary emission control device means any element of design that
senses temperature, motive speed, engine rpm, transmission gear, or any
other parameter for the purpose of activating, modulating, delaying, or
deactivating the operation of any part of the emission control system.
    Averaging set has the meaning given in Sec.  1037.701.
    Axle ratio or Drive axle ratio, ka, means the
dimensionless number representing the angular speed of the transmission
output shaft divided by the angular speed of the drive axle.
    Basic vehicle frontal area means the area enclosed by the geometric
projection of the basic vehicle along the longitudinal axis onto a
plane perpendicular to the longitudinal axis of the vehicle, including
tires but excluding mirrors and air deflectors.
    Calibration means the set of specifications and tolerances specific
to a particular design, version, or application of a component or
assembly capable of functionally describing its operation over its
working range.
    Carryover means relating to certification based on emission data
generated from an earlier model year.
    Certification means relating to the process of obtaining a
certificate of conformity for a vehicle family that complies with the
emission standards and requirements in this part.
    Certified emission level means the highest deteriorated emission
level in a vehicle subfamily for a given pollutant from either
transient or steady-state testing.
    Class means relating to GVWR classes for vehicles other than
trailers, as follows:
    (1) Class 2b means heavy-duty motor vehicles at or below 10,000
pounds GVWR.
    (2) Class 3 means heavy-duty motor vehicles above 10,000 pounds
GVWR but at or below 14,000 pounds GVWR.
    (3) Class 4 means heavy-duty motor vehicles above 14,000 pounds
GVWR but at or below 16,000 pounds GVWR.
    (4) Class 5 means heavy-duty motor vehicles above 16,000 pounds
GVWR but at or below 19,500 pounds GVWR.
    (5) Class 6 means heavy-duty motor vehicles above 19,500 pounds
GVWR but at or below 26,000 pounds GVWR.
    (6) Class 7 means heavy-duty motor vehicles above 26,000 pounds
GVWR but at or below 33,000 pounds GVWR.
    (7) Class 8 means heavy-duty motor vehicles above 33,000 pounds
GVWR.
    Complete vehicle has the meaning given in the definition of vehicle
in this section.

    Compression-ignition has the meaning given in Sec.  1037.101.
    Date of manufacture means the date on which the certifying vehicle
manufacturer completes its manufacturing operations, except as follows:
    (1) Where the certificate holder is an engine manufacturer that
does not manufacture the chassis, the date of manufacture of the
vehicle is based on the date assembly of the vehicle is completed.
    (2) We may approve an alternate date of manufacture based on the
date on which the certifying (or primary) manufacturer completes
assembly at the place of main assembly, consistent with the provisions
of Sec.  1037.601 and 49 CFR 567.4.
    Day cab means a type of tractor cab that is not a sleeper cab or a
heavy-haul tractor cab.
    Designated Compliance Officer means one of the following:
    (1) For compression-ignition engines, Designated Compliance Officer
means Director, Diesel Engine Compliance Center, U.S. Environmental
Protection Agency, 2000 Traverwood Drive, Ann Arbor, MI 48105;
<EMAIL_ADDRESS>epa.gov/otaq/verify.
    (2) For spark-ignition engines, Designated Compliance Officer means
Director, Gasoline Engine Compliance Center, U.S. Environmental
Protection Agency, 2000 Traverwood Drive, Ann Arbor, MI 48105<EMAIL_ADDRESS>    Deteriorated emission level means the emission level that results
from applying the appropriate deterioration factor to the official
emission result of the emission-data vehicle. Note that where no
deterioration factor applies, references in this part to the
deteriorated emission level mean the official emission result.
    Deterioration factor means the relationship between the highest
emissions during the useful life and emissions at the low-hour test
point, expressed in one of the following ways:
    (1) For multiplicative deterioration factors, the ratio of the
highest emissions to emissions at the low-hour test point.
    (2) For additive deterioration factors, the difference between the
highest emissions and emissions at the low-hour test point.
    Driver model means an automated controller that simulates a person
driving a vehicle.
    Dual-fuel means relating to a vehicle or engine designed for
operation on two different fuels but not on a continuous mixture of
those fuels. For purposes of this part, such a vehicle or engine
remains a dual-fuel vehicle or engine even if it is designed for
operation on three or more different fuels.
    Electric vehicle means a vehicle that does not include an engine,
and is powered solely by an external source of electricity and/or solar
power. Note that this does not include electric hybrid or fuel-cell
vehicles that use a chemical fuel such as gasoline, diesel fuel, or
hydrogen. Electric vehicles may also be referred to as all-electric
vehicles to distinguish them from hybrid vehicles.
    Emergency vehicle means a vehicle that is an ambulance or a fire
truck.
    Emission control system means any device, system, or element of
design that controls or reduces the emissions of regulated pollutants
from a vehicle.
    Emission-data component means a vehicle component that is tested
for certification. This includes vehicle components tested to establish
deterioration factors.
    Emission-data vehicle means a vehicle (or vehicle component) that
is tested for certification. This includes vehicles tested to establish
deterioration factors.
    Emission-related maintenance means maintenance that substantially
affects emissions or is likely to substantially affect emission
deterioration.
    Excluded means relating to vehicles that are not subject to some or
all of the requirements of this part as follows:
    (1) A vehicle that has been determined not to be a ``motor
vehicle'' is excluded from this part.
    (2) Certain vehicles are excluded from the requirements of this
part under Sec.  1037.5.
    (3) Specific regulatory provisions of this part may exclude a
vehicle generally subject to this part from one or more specific
standards or requirements of this part.
    Exempted has the meaning given in 40 CFR 1068.30.
    Family emission limit (FEL) means an emission level declared by the
manufacturer to serve in place of an otherwise applicable emission
standard under the ABT program in subpart H of this part. The family
emission limit must be expressed to the same number of decimal places
as the emission standard it replaces. Note that an FEL may apply as a
``subfamily'' emission limit.
    Final drive ratio, kd, means the dimensionless number
representing the angular speed of the transmission input shaft divided
by the angular speed of the drive axle when the vehicle is operating in
its highest available gear. The final drive ratio is the transmission
gear ratio (in the highest available gear) multiplied by the drive axle
ratio.
    Fire truck has the meaning given in 40 CFR 86.1803.
    Flexible-fuel means relating to an engine designed for operation on
any mixture of two or more different fuels.
    Fuel system means all components involved in transporting,
metering, and mixing the fuel from the fuel tank to the combustion
chamber(s), including the fuel tank, fuel pump, fuel filters, fuel
lines, carburetor or fuel-injection components, and all fuel-system
vents. It also includes components for controlling evaporative
emissions, such as fuel caps, purge valves, and carbon canisters.
    Fuel type means a general category of fuels such as diesel fuel or
natural gas. There can be multiple grades within a single fuel type,
such as high-sulfur or low-sulfur diesel fuel.
    Gaseous fuel means a fuel that has a boiling point below 20 [deg]C.
    Gear ratio or Transmission gear ratio, kg, means the
dimensionless number representing the angular velocity of the
transmission's input shaft divided by the angular velocity of the
transmission's output shaft when the transmission is operating in a
specific gear.
    Glider kit means any of the following:
    (1) A new vehicle that is incomplete because it lacks an engine,
transmission, or axle.
    (2) A new vehicle produced with a used engine (including a rebuilt
or remanufactured engine).
    (3) Any other new equipment that is intended to become a motor
vehicle with a previously used engine (including a rebuilt or
remanufactured engine).
    Glider vehicle means a new vehicle produced with a used engine.
    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 axle weight rating (GAWR) means the value specified by the
vehicle manufacturer as the maximum weight of a loaded axle or set of
axles, consistent with 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. For example,
compliance with SAE J2807 is generally considered to be consistent with
good engineering judgment, especially for Class 3 and smaller vehicles.
    Gross vehicle weight rating (GVWR) means the value specified by the
vehicle manufacturer as the maximum design loaded weight of a single
vehicle,

consistent with good engineering judgment.
    Heavy-duty engine means any engine used for (or for which the
engine manufacturer could reasonably expect to be used for) motive
power in a heavy-duty vehicle.
    Heavy-duty vehicle means any trailer and any other motor vehicle
that has a GVWR above 8,500 pounds, a curb weight above 6,000 pounds,
or a basic vehicle frontal area greater than 45 square feet.
    Heavy-haul tractor means a tractor with GCWR above 120,000 pounds,
a total gear reduction at or above 57, and a frame Resisting Bending
Moment at or above 2,000,000 in-lbs per rail, or per rail and liner
combination. Total gear reduction is the transmission gear ratio in the
lowest gear multiplied by the drive axle ratio. A heavy-haul tractor is
not a vocational tractor.
    Hybrid engine or hybrid powertrain means an engine or powertrain
that includes energy storage features other than a conventional battery
system or conventional flywheel. Supplemental electrical batteries and
hydraulic accumulators are examples of hybrid energy storage systems.
Note that certain provisions in this part treat hybrid engines and
powertrains intended for vehicles that include regenerative braking
different than those intended for vehicles that do not include
regenerative braking.
    Hybrid vehicle means a vehicle that includes energy storage
features (other than a conventional battery system or conventional
flywheel) in addition to an internal combustion engine or other engine
using consumable chemical fuel. Supplemental electrical batteries and
hydraulic accumulators are examples of hybrid energy storage systems
Note that certain provisions in this part treat hybrid vehicles that
include regenerative braking different than those that do not include
regenerative braking.
    Hydrocarbon (HC) means the hydrocarbon group on which the emission
standards are based for each fuel type. For alcohol-fueled vehicles, HC
means nonmethane hydrocarbon equivalent (NMHCE) for exhaust emissions
and total hydrocarbon equivalent (THCE) for evaporative emissions. For
all other vehicles, HC means nonmethane hydrocarbon (NMHC) for exhaust
emissions and total hydrocarbon (THC) for evaporative emissions.
    Identification number means a unique specification (for example, a
model number/serial number combination) that allows someone to
distinguish a particular vehicle from other similar vehicles.
    Incomplete vehicle has the meaning given in the definition of
vehicle in this section.
    Innovative technology means technology certified under Sec.
1037.610.
    Light-duty truck means any motor vehicle rated at or below 8,500
pounds GVWR with a curb weight at or below 6,000 pounds and basic
vehicle frontal area at or below 45 square feet, which is:
    (1) Designed primarily for purposes of transportation of property
or is a derivation of such a vehicle; or
    (2) Designed primarily for transportation of persons and has a
capacity of more than 12 persons; or
    (3) Available with special features enabling off-street or off-
highway operation and use.
    Light-duty vehicle means a passenger car or passenger car
derivative capable of seating 12 or fewer passengers.
    Low-mileage means relating to a vehicle with stabilized emissions
and represents the undeteriorated emission level. This would generally
involve approximately 4000 miles of operation.
    Low rolling resistance tire means a tire on a vocational vehicle
with a TRRL at or below of 7.7 kg/metric ton, a steer tire on a tractor
with a TRRL at or below 7.7 kg/metric ton, or a drive tire on a tractor
with a TRRL at or below 8.1 kg/metric ton.
    Manufacture means the physical and engineering process of
designing, constructing, and/or assembling a vehicle.
    Manufacturer has the meaning given in section 216(1) of the Act. In
general, this term includes any person who manufactures or assembles a
vehicle for sale in the United States or otherwise introduces a new
motor vehicle into commerce in the United States. This includes
importers who import vehicles or vehicles for resale and entities that
assemble glider kits.
    Medium-duty passenger vehicle (MDPV) has the meaning given in 40
CFR 86.1803.
    Model year means the manufacturer's annual new model production
period, except as restricted under this definition and 40 CFR part 85,
subpart X. It must include January 1 of the calendar year for which the
model year is named, may not begin before January 2 of the previous
calendar year, and it must end by December 31 of the named calendar
year.
    (1) The manufacturer who holds the certificate of conformity for
the vehicle must assign the model year based on the date when its
manufacturing operations are completed relative to its annual model
year period. In unusual circumstances where completion of your assembly
is delayed, we may allow you to assign a model year one year earlier,
provided it does not affect which regulatory requirements will apply.
    (2) Unless a vehicle is being shipped to a secondary manufacturer
that will hold the certificate of conformity, the model year must be
assigned prior to introduction of the vehicle into U.S. commerce. The
certifying manufacturer must redesignate the model year if it does not
complete its manufacturing operations within the originally identified
model year. A vehicle introduced into U.S. commerce without a model
year is deemed to have a model year equal to the calendar year of its
introduction into U.S. commerce unless the certifying manufacturer
assigns a later date.
    Motor vehicle has the meaning given in 40 CFR 85.1703.
    Multi-Purpose Duty Cycle has the meaning given in Sec.  1037.510.
    New motor vehicle has the meaning given in the Act. It generally
means a motor vehicle meeting the criteria of either paragraph (1) or
(2) of this definition. New motor vehicles may be complete or
incomplete.
    (1) A motor vehicle for which the ultimate purchaser has never
received the equitable or legal title is a new motor vehicle. This kind
of vehicle might commonly be thought of as ``brand new'' although a new
motor vehicle may include previously used parts. For example, vehicles
commonly known as ``glider kits'' or ``gliders'' are new motor
vehicles. Under this definition, the vehicle is new from the time it is
produced until the ultimate purchaser receives the title or places it
into service, whichever comes first.
    (2) An imported heavy-duty motor vehicle originally produced after
the 1969 model year is a new motor vehicle.
    Noncompliant vehicle means a vehicle that was originally covered by
a certificate of conformity, but is not in the certified configuration
or otherwise does not comply with the conditions of the certificate.
    Nonconforming vehicle means a vehicle not covered by a certificate
of conformity that would otherwise be subject to emission standards.
    Nonmethane hydrocarbon (NMHC) means the sum of all hydrocarbon
species except methane, as measured according to 40 CFR part 1065.
    Nonmethane hydrocarbon equivalent has the meaning given in 40 CFR
1065.1001.
    Off-cycle technology means technology certified under Sec.
1037.610.
    Official emission result means the measured emission rate for an
emission-

data vehicle on a given duty cycle before the application of any
required deterioration factor, but after the applicability of
regeneration adjustment factors.
    Owners manual means a document or collection of documents prepared
by the vehicle manufacturer for the owners or operators to describe
appropriate vehicle maintenance, applicable warranties, and any other
information related to operating or keeping the vehicle. The owners
manual is typically provided to the ultimate purchaser at the time of
sale.
    Oxides of nitrogen has the meaning given in 40 CFR 1065.1001.
    Particulate trap means a filtering device that is designed to
physically trap all particulate matter above a certain size.
    Percent has the meaning given in 40 CFR 1065.1001. Note that this
means percentages identified in this part are assumed to be infinitely
precise without regard to the number of significant figures. For
example, one percent of 1,493 is 14.93.
    Phase 1 means relating to the Phase 1 standards specified in
Sec. Sec.  1037.105 and 1037.106. Note that there are no Phase 1
standards for trailers. For example, a vehicle subject to the Phase 1
standards is a Phase 1 vehicle.
    Phase 2 means relating to the Phase 2 standards specified in
Sec. Sec.  1037.105 through 1037.107.
    Placed into service means put into initial use for its intended
purpose, excluding incidental use by the manufacturer or a dealer.
    Power take-off (PTO) means a secondary engine shaft (or equivalent)
that provides substantial auxiliary power for purposes unrelated to
vehicle propulsion or normal vehicle accessories such as air
conditioning, power steering, and basic electrical accessories. A
typical PTO uses a secondary shaft on the engine to transmit power to a
hydraulic pump that powers auxiliary equipment, such as a boom on a
bucket truck. You may ask us to consider other equivalent auxiliary
power configurations (such as those with hybrid vehicles) as power
take-off systems.
    Preliminary approval means approval granted by an authorized EPA
representative prior to submission of an application for certification,
consistent with the provisions of Sec.  1037.210.
    Rechargeable Energy Storage System (RESS) means the component(s) of
a hybrid engine or vehicle that store recovered energy for later use,
such as the battery system in an electric hybrid vehicle.
    Regional Duty Cycle has the meaning given in Sec.  1037.510.
    Regulatory subcategory has the meaning given in Sec.  1037.230.
    Relating to as used in this section means relating to something in
a specific, direct manner. This expression is used in this section only
to define terms as adjectives and not to broaden the meaning of the
terms.
    Revoke has the meaning given in 40 CFR 1068.30.
    Roof height means the maximum height of a vehicle (rounded to the
nearest inch), excluding narrow accessories such as exhaust pipes and
antennas, but including any wide accessories such as roof fairings.
Measure roof height of the vehicle configured to have its maximum
height that will occur during actual use, with properly inflated tires
and no driver, passengers, or cargo onboard. Roof height may also refer
to the following categories:
    (1) Low-roof means relating to a vehicle with a roof height of 120
inches or less.
    (2) Mid-roof means relating to a vehicle with a roof height of 121
to 147 inches.
    (3) High-roof means relating to a vehicle with a roof height of 148
inches or more.
    Round has the meaning given in 40 CFR 1065.1001.
    Scheduled maintenance means adjusting, repairing, removing,
disassembling, cleaning, or replacing components or systems
periodically to keep a part or system from failing, malfunctioning, or
wearing prematurely. It also may mean actions you expect are necessary
to correct an overt indication of failure or malfunction for which
periodic maintenance is not appropriate.
    Secondary vehicle manufacturer anyone that produces a vehicle by
modifying a complete or partially complete vehicle. For the purpose of
this definition, ``modifying'' does not include making changes that do
not remove a vehicle from its original certified configuration. This
definition applies whether the production involves a complete or
partially complete vehicle and whether the vehicle was previously
certified to emission standards or not. Manufacturers controlled by the
manufacturer of the base vehicle (or by an entity that also controls
the manufacturer of the base vehicle) are not secondary vehicle
manufacturers; rather, both entities are considered to be one
manufacturer for purposes of this part.
    Sleeper cab means a type of tractor cab that has a compartment
behind the driver's seat intended to be used by the driver for
sleeping, and is not a heavy-haul tractor cab. This includes cabs
accessible from the driver's compartment and those accessible from
outside the vehicle.
    Small manufacturer means a manufacturer meeting the criteria
specified in 13 CFR 121.201. The employee and revenue limits apply to
the total number employees and total revenue together for affiliated
companies.
    Spark-ignition has the meaning given in Sec.  1037.101.
    Standard payload means the payload assumed for each vehicle, in
tons, for modeling and calculating emission credits, as follows:
    (1) For vocational vehicles:
    (i) 2.85 tons for light heavy-duty vehicles.
    (ii) 5.6 tons for medium heavy-duty vehicles.
    (iii) 7.5 tons for heavy heavy-duty vehicles.
    (2) For tractors:
    (i) 12.5 tons for Class 7.
    (ii) 19 tons for Class 8, other than heavy-haul tractors.
    (iii) 43 tons for heavy-haul tractors.
    (3) For trailers:
    (i) 10 tons for short box vans.
    (ii) 19 tons for other trailers.
    Standard tractor has the meaning given in Sec.  1037.501.
    Standard trailer has the meaning given in Sec.  1037.501.
    Suspend has the meaning given in 40 CFR 1068.30.
    Test sample means the collection of vehicles or components selected
from the population of a vehicle family for emission testing. This may
include testing for certification, production-line testing, or in-use
testing.
    Test vehicle means a vehicle in a test sample.
    Test weight means the vehicle weight used or represented during
testing.
    Tire rolling resistance level (TRRL) means a value with units of
kg/metric ton that represents the rolling resistance of a tire
configuration. TRRLs are used as modeling inputs under Sec. Sec.
1037.515 and 1037.520. Note that a manufacturer may use the measured
value for a tire configuration's coefficient of rolling resistance, or
assign some higher value.
    Total hydrocarbon has the meaning given in 40 CFR 1065.1001. This
generally means the combined mass of organic compounds measured by the
specified procedure for measuring total hydrocarbon, expressed as a
hydrocarbon with an atomic hydrogen-to-carbon ratio of 1.85:1.
    Total hydrocarbon equivalent has the meaning given in 40 CFR
1065.1001.

This generally means the sum of the carbon mass contributions of non-
oxygenated hydrocarbons, alcohols and aldehydes, or other organic
compounds that are measured separately as contained in a gas sample,
expressed as exhaust hydrocarbon from petroleum-fueled vehicles. The
atomic hydrogen-to-carbon ratio of the equivalent hydrocarbon is
1.85:1.
    Tractor has the meaning given for ``truck tractor'' in 49 CFR
571.3. This includes most heavy-duty vehicles specifically designed for
the primary purpose of pulling trailers, but does not include vehicles
designed to carry other loads. For purposes of this definition ``other
loads'' would not include loads carried in the cab, sleeper
compartment, or toolboxes. Examples of vehicles that are similar to
tractors but that are not tractors under this part include dromedary
tractors, automobile haulers, straight trucks with trailers hitches,
and tow trucks. Note that the provisions of this part that apply for
tractors do not apply for tractors that are classified as vocational
tractors under Sec.  1037.630.
    Trailer means a piece of equipment designed for carrying cargo and
for being drawn by a tractor when coupled to the tractor's fifth wheel.
Trailers may be divided into different types and categories as
described in paragraphs (1) through (4) of this definition. The types
of equipment identified in paragraph (5) of this definition are not
trailers for purposes of this part.
    (1) Box vans are trailers with an enclosed cargo space that is
permanently attached to the chassis, with fixed sides, nose, and roof
and is designed to carry a wide range of freight. Tankers are not box
vans.
    (2) Box vans with front-mounted, self-contained HVAC systems are
refrigerated vans. Note that this includes systems that provide
cooling, heating, or both. All other box vans are dry vans.
    (3) Trailers that are not box vans are non-box trailers. This
includes chassis that are designed only for temporarily mounted
containers.
    (4) Box trailers with length greater than 50 feet are long box
trailers. Other box trailers are short box trailers.
    (5) The following types of equipment are not trailers:
    (i) Containers that are not permanently mounted on chassis.
    (ii) [Reserved]
    Urban Duty Cycle has the meaning given in Sec.  1037.510.
    Ultimate purchaser means, with respect to any new vehicle, the
first person who in good faith purchases such new vehicle for purposes
other than resale.
    United States has the meaning given in 40 CFR 1068.30.
    Upcoming model year means for a vehicle family the model year after
the one currently in production.
    U.S.-directed production volume means the number of vehicle units,
subject to the requirements of this part, produced by a manufacturer
for which the manufacturer has a reasonable assurance that sale was or
will be made to ultimate purchasers in the United States. This does not
include vehicles certified to state emission standards that are
different than the emission standards in this part.
    Useful life means the period during which a vehicle is required to
comply with all applicable emission standards.
    Vehicle means equipment intended for use on highways that meets at
least one of the criteria of paragraph (1) of this definition, as
follows:
    (1) The following equipment are vehicles:
    (i) A piece of equipment that is intended for self-propelled use on
highways becomes a vehicle when it includes at least an engine, a
transmission, and a frame. (Note: For purposes of this definition, any
electrical, mechanical, and/or hydraulic devices attached to engines
for the purpose of powering wheels are considered to be transmissions.)
    (ii) A piece of equipment that is intended for self-propelled use
on highways becomes a vehicle when it includes a passenger compartment
attached to a frame with axles.
    (iii) Trailers. A trailer becomes a vehicle when it has a frame
with axles attached.
    (2) Vehicles other than trailers may be complete or incomplete
vehicles as follows:
    (i) A complete vehicle is a functioning vehicle that has the
primary load carrying device or container (or equivalent equipment)
attached. Examples of equivalent equipment would include fifth wheel
trailer hitches, firefighting equipment, and utility booms.
    (ii) An incomplete vehicle is a vehicle that is not a complete
vehicle. Incomplete vehicles may also be cab-complete vehicles. This
may include vehicles sold to secondary vehicle manufacturers.
    (iii) The primary use of the terms ``complete vehicle'' and
``incomplete vehicle'' are to distinguish whether a vehicle is complete
when it is first sold as a vehicle.
    (iv) You may ask us to allow you to certify a vehicle as incomplete
if you manufacture the engines and sell the unassembled chassis
components, as long as you do not produce and sell the body components
necessary to complete the vehicle.
    Vehicle configuration means a unique combination of vehicle
hardware and calibration (related to measured or modeled emissions)
within a vehicle family. Vehicles with hardware or software
differences, but that have no hardware or software differences related
to measured or modeled emissions may be included in the same vehicle
configuration. Note that vehicles with hardware or software differences
related to measured or modeled emissions are considered to be different
configurations even if they have the same GEM inputs and FEL. Vehicles
within a vehicle configuration differ only with respect to normal
production variability or factors unrelated to measured or modeled
emissions.
    Vehicle family has the meaning given in Sec.  1037.230.
    Vehicle service class means a vehicle's weight class as specified
in this definition. Note that, while vehicle service class is similar
to primary intended service class for engines, they are not necessarily
the same. For example, a medium heavy-duty vehicle may include a light
heavy-duty engine.
    (1) Light heavy-duty vehicles are those vehicles with GVWR below
19,500 pounds. Vehicles In this class include heavy-duty pickup trucks
and vans, motor homes and other recreational vehicles, and some
straight trucks with a single rear axle. Typical applications would
include personal transportation, light-load commercial delivery,
passenger service, agriculture, and construction.
    (2) Medium heavy-duty vehicles are those vehicles with GVWR from
19,500 to 33,000 pounds. Vehicles in this class include school buses,
straight trucks with a single rear axle, city tractors, and a variety
of special purpose vehicles such as small dump trucks, and refuse
trucks. Typical applications would include commercial short haul and
intra-city delivery and pickup.
    (3) Heavy heavy-duty vehicles are those vehicles with GVWR above
33,000 pounds. Vehicles in this class include tractors, urban buses,
and other heavy trucks.
    Vehicle subfamily or subfamily means a subset of a vehicle family
including vehicles subject to the same FEL(s).
    Vocational tractor means a vehicle classified as a vocational
tractor under Sec.  1037.630.
    Vocational vehicle means relating to a vehicle subject to the
standards of Sec.  1037.105 (including vocational tractors).

    Void has the meaning given in 40 CFR 1068.30.
    Volatile liquid fuel means any fuel other than diesel or biodiesel
that is a liquid at atmospheric pressure and has a Reid Vapor Pressure
higher than 2.0 pounds per square inch.
    We (us, our) means the Administrator of the Environmental
Protection Agency and any authorized representatives.

Sec.  1037.805  Symbols, abbreviations, and acronyms.

    The procedures in this part generally follow either the
International System of Units (SI) or the United States customary
units, as detailed in NIST Special Publication 811, which we
incorporate by reference in Sec.  1037.810. See 40 CFR 1065.20 for
specific provisions related to these conventions. This section
summarizes the way we use symbols, units of measure, and other
abbreviations.
    (a) Symbols for chemical species. This part uses the following
symbols for chemical species and exhaust constituents:

------------------------------------------------------------------------
               Symbol                               Species
------------------------------------------------------------------------
C...................................  carbon.
CH4.................................  methane.
CO..................................  carbon monoxide.
CO2.................................  carbon dioxide.
H2O.................................  water.
HC..................................  hydrocarbon.
NMHC................................  nonmethane hydrocarbon.
NMHCE...............................  nonmethane hydrocarbon equivalent.
NO..................................  nitric oxide.
NO2.................................  nitrogen dioxide.
NOX.................................  oxides of nitrogen.
N2O.................................  nitrous oxide.
PM..................................  particulate matter.
THC.................................  total hydrocarbon.
THCE................................  total hydrocarbon equivalent.
------------------------------------------------------------------------

    (b) Symbols for quantities. This part uses the following symbols
and units of measure for various quantities:

----------------------------------------------------------------------------------------------------------------
                                                                                Unit in terms of SI base
        Symbol               Quantity                Unit              Unit symbol                units
----------------------------------------------------------------------------------------------------------------
[alpha]..............  atomic hydrogen-to-   mole per mole.......  mol/mol............  1
                        carbon ratio.
[alpha]0.............  intercept of air
                        speed correction.
[alpha]1.............  slope of air speed
                        correction.
A....................  vehicle frictional    pound force or        lbf or N...........  kg[middot]m[middot]s-2
                        load.                 newton.
ag...................  acceleration of       meters per second     m/s\2\.............  m[middot]s-2
                        Earth's gravity.      squared.
a0...................  intercept of least
                        squares regression.
a1...................  slope of least
                        squares regression.
B....................  vehicle load from     pound force per mile  lbf/mph\2\ or        kg[middot]s-1
                        drag and rolling      per hour or newton    N[middot]s\2\/m\2\.
                        resistance.           second per meter.
[beta]...............  atomic oxygen-to-     mole per mole.......  mol/mol............  1
                        carbon ratio.
[beta]0..............  intercept of air
                        direction
                        correction.
[beta]1..............  slope of air
                        direction
                        correction.
C....................  vehicle-specific      pound force per mile  lbf/mph\2\ or        kg[middot]m-1
                        aerodynamic effects.  per hour squared or   N[middot]s\2\/m\2\.
                                              newton-second
                                              squared per meter
                                              squared.
Ci...................  constant............
CDA..................  drag area...........  meter squared.......  m\2\...............  m\2\
CD...................  drag coefficient....
CF...................  correction factor...
Crr..................  coefficient of        kilogram per metric   kg/tonne...........  10-3
                        rolling resistance.   ton.
D....................  distance............  miles or meters.....  mi or m............  m
e....................  mass-weighted         grams/ton-mile......  g/ton-mi...........  g/kg-km
                        emission result.
Eff..................  efficiency..........
F....................  adjustment factor...
F....................  force...............  pound force or        lbf or N...........  kg[middot]m[middot]s-2
                                              newton.
fn...................  angular speed         revolutions per       r/min..............  [pi][middot]30[middot]s-
                        (shaft).              minute.                                    1
G....................  road grade..........  percent.............  %..................  10-2
g....................  gravitational         meters per second     m/s\2\.............  m[middot]s-2
                        acceleration.         squared.
h....................  elevation or height.  meters..............  m..................  m
i....................  indexing variable...
ka...................  drive axle ratio....
kd...................  transmission gear
                        ratio.
ktopgear.............  highest available
                        transmission gear.
m....................  mass................  pound mass or         lbm or kg..........  kg
                                              kilogram.
M....................  molar mass..........  gram per mole.......  g/mol..............  10-
                                                                                3[middot]kg[middot]mol-
                                                                                1
M....................  vehicle mass........  kilogram............  kg.................  kg
Me...................  vehicle effective     kilogram............  kg.................  kg
                        mass.

Mrotating............  inertial mass of      kilogram............  kg.................  kg
                        rotating components.
N....................  total number in
                        series.
n....................  amount of substance   mole per second.....  mol/s..............  mol[middot]s-\1\
                        rate.
p....................  pressure............  pascal..............  Pa.................  kg[middot]m-\1\[middot]s-
                                                                                \2\
[rho]................  mass density........  kilogram per cubic    kg/m\3\............  kg[middot]m-\3\
                                              meter.
PL...................  payload.............  tons................  ton................  kg
r....................  tire radius.........  meter...............  m..................  m
r\2\.................  coefficient of
                        determination.
Re#..................  Reynolds number.....
SEE..................  standard estimate of
                        error.
TRRL.................  tire rolling          kilogram per metric   kg/tonne...........  10-\3\
                        resistance level.     ton.
[thgr]...............  wind direction......  degrees.............  [deg]..............  [deg]
T....................  absolute temperature  kelvin..............  K..................  K
T....................  Celsius temperature.  degree Celsius......  [deg]C.............  K--273.15
T....................  torque (moment of     newton meter........  N[middot]m.........  m\2\[middot]kg[middot]s-
                        force).                                                          \2\
t....................  time................  second..............  s..................  s
[Delta]t.............  time interval,        second..............  s..................  s
                        period, 1/frequency.
v....................  speed...............  miles per hour or     mph or m/s.........  m[middot]s-\1\
                                              meters per second.
w....................  weighting factor....
w....................  wind speed..........  miles per hour......  mph................  m[middot]s-\1\
W....................  work................  kilowatt-hour.......  kW[middot]hr.......  3.6[middot]m\2\[middot]k
                                                                                g[middot]s-1
wC...................  carbon mass fraction  gram/gram...........  g/g................  1
WR...................  weight reduction....  pound mass..........  lbm................  kg
x....................  amount of substance   mole per mole.......  mol/mol............  1
                        mole fraction.
----------------------------------------------------------------------------------------------------------------

    (c) Superscripts. This part uses the following superscripts to
define a quantity:

------------------------------------------------------------------------
                Superscript                           Quantity
------------------------------------------------------------------------
overbar (such as y).......................  arithmetic mean.
overdot (such as y).......................  quantity per unit time.
------------------------------------------------------------------------

    (d) Subscripts. This part uses the following subscripts to define a
quantity:

------------------------------------------------------------------------
              Subscript                             Quantity
------------------------------------------------------------------------
6........................  6[deg] yaw angle sweep.
aero.................................  aerodynamic.
air..................................  air.
alt..................................  alternative.
act..................................  actual or measured condition.
air..................................  air.
axle.................................  axle.
brake................................  brake.
Ccombdry.............................  carbon from fuel per mole of dry
                                        exhaust.
circuit..............................  circuit.
coastdown............................  coastdown.
CO2PTO...............................  CO2 emissions for PTO cycle.
CO2urea..............................  CO2 from urea decomposition.
comp.................................  composite.
cycle................................  test cycle.
driver...............................  driver.
dyno.................................  dynamometer.
event................................  event.
end..................................  end.
fuel.................................  fuel.
full.................................  full.
grade................................  grade.
H2Oexhaustdry........................  H2O in exhaust per mole of
                                        exhaust.
hi...................................  high.
in...................................  inlet.
idle.................................  idle.
lo...................................  low.
max..................................  maximum.
meas.................................  measured quantity.
min..................................  minimum.
moving...............................  moving.
out..................................  outlet.
powertrain...........................  powertrain.
record...............................  record.
ref..................................  reference quantity.
speed................................  speed.
start................................  start.
th...................................  theoretical.
total................................  total.
trac.................................  traction.
transient............................  transient.
urea.................................  urea.
veh..................................  vehicle.
w....................................  wind.
wa...................................  wind average.
yaw..................................  yaw angle.
ys...................................  yaw sweep.
zero.................................  zero quantity.
------------------------------------------------------------------------

    (e) Other acronyms and abbreviations. This part uses the following
additional abbreviations and acronyms:

ABT averaging, banking, and trading
AECD auxiliary emission control device
AES automatic engine shutdown
CFD computational fluid dynamics
CFR Code of Federal Regulations
CITT curb idle transmission torque
DOT Department of Transportation
EPA Environmental Protection Agency
FE fuel economy
FEL Family Emission Limit
GAWR gross axle weight rating
GCWR gross combination weight rating
GEM greenhouse gas emission model
GVWR gross vehicle weight rating
HVAC heating, ventilating, and air conditioning
ISO International Organization for Standardization
NARA National Archives and Records Administration
NHTSA National Highway Transportation Safety Administration
PTO power take-off
RESS rechargeable energy storage system
rpm revolutions per minute
SAE Society of Automotive Engineers
SKU stock-keeping unit
TRRL tire rolling resistance level

U.S.C United States Code
VSL vehicle speed limiter

    (f) Constants. This part uses the following constants:

------------------------------------------------------------------------
      Symbol               Quantity                    Value
------------------------------------------------------------------------
g.................  gravitational          9.81 m[middot]s -2
                     constant.
R.................  specific gas constant  287.058 J/(kg[middot]K)
------------------------------------------------------------------------

    (g) Prefixes. This part uses the following prefixes to define a
quantity:

------------------------------------------------------------------------
           Symbol                         Quantity               Value
------------------------------------------------------------------------
[mu]........................  micro..........................       10-6
m...........................  milli..........................       10-3
c...........................  centi..........................       10-2
k...........................  kilo...........................        103
M...........................  mega...........................        106
------------------------------------------------------------------------

Sec.  1037.810  Incorporation by reference.

    (a) Certain material is incorporated by reference into this part
with the approval of the Director of the Federal Register under 5
U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that
specified in this section, the Environmental Protection Agency must
publish a notice of the change in the Federal Register and the material
must be available to the public. All approved material is available for
inspection at U.S. EPA, Air and Radiation Docket and Information
Center, 1301 Constitution Ave. NW., Room B102, EPA West Building,
Washington, DC 20460,<PHONE_NUMBER>, and is available from the sources
listed below. It is also available for inspection at the National
Archives and Records Administration (NARA). For information on the
availability of this material at NARA, call<PHONE_NUMBER>, or go to
http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. (b) International Organization for Standardization,
Case Postale 56, CH-1211 Geneva 20, Switzerland, (41) 22749 0111,
www.iso.org, or<EMAIL_ADDRESS>    (1) ISO 28580:2009(E) ``Passenger car, truck and bus tyres--Methods
of measuring rolling resistance--Single point test and correlation of
measurement results'', First Edition, July 1, 2009, (``ISO 28580''),
IBR approved for Sec.  1037.520(c).
    (2) [Reserved]
    (c) U.S. EPA, Office of Air and Radiation, 2565 Plymouth Road, Ann
Arbor, MI 48105, www.epa.gov.
    (1) Greenhouse gas Emissions Model (GEM) simulation tool, Version
2.0.1, September 2012 (``GEM version 2.0.1''), IBR approved for Sec.
1037.520. The computer code for this model is available as noted in
paragraph (a) of this section. A working version of this software is
also available for download at http://www.epa.gov/otaq/climate/gem.htm.
    (2) Greenhouse gas Emissions Model (GEM) Phase 2 simulation tool,
Version 1.0, June 2015 (``GEM Phase 2 version 1.0'', or
``GEM_P2v1.0''); IBR approved for Sec.  1037.520. The computer code for
this model is available as noted in paragraph (a) of this section. A
working version of this software is also available for download at
http://www.epa.gov/otaq/climate/gem.htm.
    (d) SAE International, 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 J1252, SAE Wind Tunnel Test Procedure for Trucks and Buses,
Revised July 2012, (``SAE J1252''), IBR approved for Sec. Sec.
1037.525(d), 1037.529(a), and 1037.531(a).
    (2) SAE J1263, Road Load Measurement and Dynamometer Simulation
Using Coastdown Techniques, revised March 2010, (``SAE J1263''), IBR
approved for Sec. Sec.  1037.527 and 1037.665(a).
    (3) SAE J1594, Vehicle Aerodynamics Terminology, Revised July 2010,
(``SAE J1594''), IBR approved for Sec.  1037.529(d).
    (4) SAE J2071, Aerodynamic Testing of Road Vehicles--Open Throat
Wind Tunnel Adjustment, Revised June 1994, (``SAE J2071''), IBR
approved for Sec.  1037.529(b).
    (5) SAE J2263, Road Load Measurement Using Onboard Anemometry and
Coastdown Techniques, revised December 2008, (``SAE J2263''), IBR
approved for Sec. Sec.  1037.527 and 1037.665(a).
    (6) SAE J2343, Recommended Practice for LNG Medium and Heavy-Duty
Powered Vehicles, Revised July 2008, (``SAE J2343''), IBR approved for
Sec.  1037.103(e).
    (e) BASF Corporation, 100 Park Avenue, Florham Park, NJ 07932,
(973) 245-6000, http://www.basf.com.
    (1) BASF TI/EVO 0137 e, Emgard[supreg] FE 75W-90 Fuel Efficient
Synthetic Gear Lubricant, April 2012, IBR approved for Sec.
1037.560(a).
    (2) [Reserved]
    (f) National Institute of Standards and Technology, 100 Bureau
Drive, Stop 1070, Gaithersburg, MD 20899-1070,<PHONE_NUMBER>, or
www.nist.gov.
    (1) NIST Special Publication 811, 2008 Edition, Guide for the Use
of the International System of Units (SI), March 2008, IBR approved for
Sec.  1037.805.
    (2) [Reserved]

Sec.  1037.815  Confidential information.

    The provisions of 40 CFR 1068.10 apply for information you consider
confidential.

Sec.  1037.820  Requesting a hearing.

    (a) You may request a hearing under certain circumstances, as
described elsewhere in this part. To do this, you must file a written
request, including a description of your objection and any supporting
data, within 30 days after we make a decision.
    (b) For a hearing you request under the provisions of this part, we
will approve your request if we find that your request raises a
substantial factual issue.
    (c) If we agree to hold a hearing, we will use the procedures
specified in 40 CFR part 1068, subpart G.

Sec.  1037.825  Reporting and recordkeeping requirements.

    (a) This part includes various requirements to submit and record
data or other information. Unless we specify otherwise, store required
records in any format and on any media and keep them readily available
for eight years after you send an associated application for
certification, or eight years after you generate the data if they do
not support an application for certification. You may not rely on
anyone else to meet recordkeeping requirements on your behalf unless we
specifically authorize it. We may review these records at any time. You
must promptly send us organized, written records in English if we ask
for them. We may require you to submit written records in an electronic
format.
    (b) The regulations in Sec.  1037.255 and 40 CFR 1068.25 and
1068.101 describe your obligation to report truthful and complete
information. This includes information not related to certification.
Failing to properly report information and keep the records we specify
violates 40 CFR 1068.101(a)(2), which may involve civil or criminal
penalties.
    (c) Send all reports and requests for approval to the Designated
Compliance Officer (see Sec.  1037.801).
    (d) Any written information we require you to send to or receive
from another company is deemed to be a required record under this
section. Such records are also deemed to be submissions to EPA. Keep
these records for eight years unless the regulations specify a
different period. We may require you to send us these records whether
or not you are a certificate holder.
    (e) Under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.), the
Office of Management and Budget approves

the reporting and recordkeeping specified in the applicable
regulations. The following items illustrate the kind of reporting and
recordkeeping we require for vehicles regulated under this part:
    (1) We specify the following requirements related to vehicle
certification in this part 1037:
    (i) In subpart C of this part we identify a wide range of
information required to certify vehicles.
    (ii) In subpart G of this part we identify several reporting and
recordkeeping items for making demonstrations and getting approval
related to various special compliance provisions.
    (iii) In Sec.  1037.725, 1037.730, and 1037.735 we specify certain
records related to averaging, banking, and trading.
    (2) We specify the following requirements related to testing in 40
CFR part 1066:
    (i) In 40 CFR 1066.2 we give an overview of principles for
reporting information.
    (ii) In 40 CFR 1066.25 we establish basic guidelines for storing
test information.
    (iii) In 40 CFR 1066.695 we identify the specific information and
data items to record when measuring emissions.
    (3) We specify the following requirements related to the general
compliance provisions in 40 CFR part 1068:
    (i) In 40 CFR 1068.5 we establish a process for evaluating good
engineering judgment related to testing and certification.
    (ii) In 40 CFR 1068.25 we describe general provisions related to
sending and keeping information.
    (iii) In 40 CFR 1068.27 we require manufacturers to make engines
available for our testing or inspection if we make such a request.
    (iv) In 40 CFR 1068.105 we require vehicle manufacturers to keep
certain records related to duplicate labels from engine manufacturers.
    (v) In 40 CFR 1068.120 we specify recordkeeping related to
rebuilding engines.
    (vi) In 40 CFR part 1068, subpart C, we identify several reporting
and recordkeeping items for making demonstrations and getting approval
related to various exemptions.
    (vii) In 40 CFR part 1068, subpart D, we identify several reporting
and recordkeeping items for making demonstrations and getting approval
related to importing engines.
    (viii) In 40 CFR 1068.450 and 1068.455 we specify certain records
related to testing production-line engines in a selective enforcement
audit.
    (ix) In 40 CFR 1068.501 we specify certain records related to
investigating and reporting emission-related defects.
    (x) In 40 CFR 1068.525 and 1068.530 we specify certain records
related to recalling nonconforming engines.

Appendix I to Part 1037--Heavy-Duty Transient Test Cycle

------------------------------------------------------------------------
                                                      Speed    Speed  (m/
                    Time  (sec)                       (mph)        s)
------------------------------------------------------------------------
1.................................................       0.00       0.00
2.................................................       0.00       0.00
3.................................................       0.00       0.00
4.................................................       0.00       0.00
5.................................................       0.00       0.00
6.................................................       0.00       0.00
7.................................................       0.41       0.18
8.................................................       1.18       0.53
9.................................................       2.26       1.01
10................................................       3.19       1.43
11................................................       3.97       1.77
12................................................       4.66       2.08
13................................................       5.32       2.38
14................................................       5.94       2.66
15................................................       6.48       2.90
16................................................       6.91       3.09
17................................................       7.28       3.25
18................................................       7.64       3.42
19................................................       8.02       3.59
20................................................       8.36       3.74
21................................................       8.60       3.84
22................................................       8.74       3.91
23................................................       8.82       3.94
24................................................       8.82       3.94
25................................................       8.76       3.92
26................................................       8.66       3.87
27................................................       8.58       3.84
28................................................       8.52       3.81
29................................................       8.46       3.78
30................................................       8.38       3.75
31................................................       8.31       3.71
32................................................       8.21       3.67
33................................................       8.11       3.63
34................................................       8.00       3.58
35................................................       7.94       3.55
36................................................       7.94       3.55
37................................................       7.80       3.49
38................................................       7.43       3.32
39................................................       6.79       3.04
40................................................       5.81       2.60
41................................................       4.65       2.08
42................................................       3.03       1.35
43................................................       1.88       0.84
44................................................       1.15       0.51
45................................................       1.14       0.51
46................................................       1.12       0.50
47................................................       1.11       0.50
48................................................       1.19       0.53
49................................................       1.57       0.70
50................................................       2.31       1.03
51................................................       3.37       1.51
52................................................       4.51       2.02
53................................................       5.56       2.49
54................................................       6.41       2.87
55................................................       7.09       3.17
56................................................       7.59       3.39
57................................................       7.99       3.57
58................................................       8.32       3.72
59................................................       8.64       3.86
60................................................       8.91       3.98
61................................................       9.13       4.08
62................................................       9.29       4.15